Senate Bill sb0048E

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    Florida Senate - 2002                                  SB 48-E

    By Senator Pruitt





    27-2370-02

  1                      A bill to be entitled

  2         An act relating to funeral and cemetery

  3         services; providing a short title; providing

  4         for transfer of all records, personnel,

  5         property, and unexpended balances of

  6         appropriations, allocations, or other funds for

  7         the administration of ch. 497, F.S., relating

  8         to funeral and cemetery services, from the

  9         Department of Banking and Finance to the

10         Department of Business and Professional

11         Regulation; ending the terms of current members

12         of the Board of Funeral Directors and Embalmers

13         and of the Board of Funeral and Cemetery

14         Services; providing for appointment and

15         staggering of terms of members of the new Board

16         of Funeral Directors and Cemeteries; preserving

17         the validity of judicial and administrative

18         proceedings pending at the time of such

19         transfer and the validity of licenses and

20         registrations in effect at the time of such

21         transfer; amending ss. 20.165, 455.2226,

22         470.002, 470.003, 497.005, 497.105, 497.117,

23         497.201, 497.253, F.S.; revising terminology

24         and references, to conform; providing for

25         payment of fees and costs of legal counsel to

26         be paid from the Professional Regulation Trust

27         Fund, to conform; amending s. 215.321, F.S.,

28         relating to the Regulatory Trust Fund, to

29         remove deposit therein of funds received

30         pursuant to ch. 497, F.S.; amending s. 470.017,

31         F.S.; increasing college credit course

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    Florida Senate - 2002                                  SB 48-E
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 1         requirements for registration as a direct

 2         disposer; amending s. 470.018, F.S.; increasing

 3         continuing education requirements for renewal

 4         of registration as a direct disposer; amending

 5         s. 470.0295, F.S.; eliminating an exception to

 6         the requirement that a licensed funeral

 7         director be present during the disinterment and

 8         reinterment of human remains; amending s.

 9         470.0355, F.S.; revising requirements for the

10         identification of human remains; providing

11         rulemaking authority; amending s. 497.103,

12         F.S.; requiring the board to establish by rule

13         reasonable times for access to cemeteries;

14         amending s. 497.305, F.S.; prohibiting cemetery

15         companies from restricting cemetery access to

16         authorized installers of monuments and markers

17         during the access times established by board

18         rule; amending s. 497.325, F.S.; clarifying

19         applicability of certain illegal tying

20         arrangements to all entities owning and

21         operating a cemetery; amending s. 497.333,

22         F.S.; requiring that each written contract

23         provided to a customer include a complete

24         description of any grave space to be used for

25         the interment of human remains; repealing s.

26         497.361(5), F.S., relating to requirements for

27         delivery and deadlines for installation of

28         monuments; amending s. 497.419, F.S.; providing

29         that failure to install a monument within a

30         specified period after interment constitutes

31         breach of contract; authorizing extension of

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    Florida Senate - 2002                                  SB 48-E
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 1         such period by written agreement; amending ss.

 2         497.233, 497.429, F.S.; conforming

 3         cross-references; creating s. 497.442, F.S.;

 4         prohibiting the preneed sale of undeveloped

 5         cemetery property prior to the filing of a site

 6         plan for board approval; requiring site plans

 7         for undeveloped cemetery property to be

 8         completed by a professional surveyor and

 9         mapper; providing penalties; repealing s.

10         497.101, F.S., relating to the Board of Funeral

11         and Cemetery Services, to conform; repealing s.

12         497.107, F.S., relating to the headquarters of

13         the board, to conform; repealing s. 497.109,

14         F.S., relating to organization and meetings of

15         the board, to conform; providing for

16         construction of the act in pari materia with

17         laws enacted at the 2002 Regular Session;

18         providing effective dates.

19  

20  Be It Enacted by the Legislature of the State of Florida:

21  

22         Section 1.  This act may be cited as the "Funeral and

23  Cemetery Services Industry Regulatory Unification Act."

24         Section 2.  All records, personnel, property, and

25  unexpended balances of appropriations, allocations, or other

26  funds for the administration of chapter 497, Florida Statutes,

27  shall be transferred by a type two transfer as defined in

28  section 20.06(2), Florida Statutes, from the Department of

29  Banking and Finance to the Department of Business and

30  Professional Regulation.

31  

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    Florida Senate - 2002                                  SB 48-E
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 1         Section 3.  The transfer of regulatory authority over

 2  chapter 497, Florida Statutes, provided by this act shall not

 3  affect the validity of any judicial or administrative

 4  proceeding pending on September 30, 2002, and the Department

 5  of Business and Professional Regulation shall be substituted

 6  for the Department of Banking and Finance as a party in

 7  interest.

 8         Section 4.  Notwithstanding the transfer of regulatory

 9  authority over chapter 497, Florida Statutes, provided by this

10  act, all licenses and registrations issued pursuant to chapter

11  497, Florida Statutes, which are valid on September 30, 2001,

12  shall remain in effect subject to the provisions of chapter

13  497, Florida Statutes.

14         Section 5.  (1)  The terms of all current members of

15  the Board of Funeral Directors and Embalmers and of the Board

16  of Funeral and Cemetery Services shall expire on October 1,

17  2002.  Members shall be appointed to the new Board of Funeral

18  Directors and Cemeteries pursuant to section 470.003, Florida

19  Statutes, to terms beginning on October 1, 2002, and staggered

20  as follows, notwithstanding section 470.003(3), Florida

21  Statutes:

22         (a)  Three members shall be appointed for terms of 2

23  years each, one of whom must be a funeral director member, one

24  of whom must be a cemetery owner or operator member, and one

25  of whom must be a consumer member.

26         (b)  Three members shall be appointed for terms of 3

27  years each, one of whom must be a funeral director member, one

28  of whom must be a cemetery owner or operator member, and one

29  of whom must be a consumer member.

30         (c)  Three members shall be appointed for terms of 4

31  years each, one of whom must be a funeral director member, one

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    Florida Senate - 2002                                  SB 48-E
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 1  of whom must be a cemetery owner or operator member, and one

 2  of whom must be the monument dealer member.

 3  

 4  As the terms of these members expire, the Governor shall

 5  appoint their successors for terms of 4 years in accordance

 6  with section 470.003(3), Florida Statutes.

 7         (2)  This section shall take effect upon this act

 8  becoming a law.

 9         Section 6.  Paragraph (a) of subsection (4) of section

10  20.165, Florida Statutes, is amended to read:

11         20.165  Department of Business and Professional

12  Regulation.--There is created a Department of Business and

13  Professional Regulation.

14         (4)(a)  The following boards are established within the

15  Division of Professions:

16         1.  Board of Architecture and Interior Design, created

17  under part I of chapter 481.

18         2.  Florida Board of Auctioneers, created under part VI

19  of chapter 468.

20         3.  Barbers' Board, created under chapter 476.

21         4.  Florida Building Code Administrators and Inspectors

22  Board, created under part XII of chapter 468.

23         5.  Construction Industry Licensing Board, created

24  under part I of chapter 489.

25         6.  Board of Cosmetology, created under chapter 477.

26         7.  Electrical Contractors' Licensing Board, created

27  under part II of chapter 489.

28         8.  Board of Employee Leasing Companies, created under

29  part XI of chapter 468.

30         9.  Board of Funeral Directors and Cemeteries

31  Embalmers, created under chapter 470.

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 1         10.  Board of Landscape Architecture, created under

 2  part II of chapter 481.

 3         11.  Board of Pilot Commissioners, created under

 4  chapter 310.

 5         12.  Board of Professional Engineers, created under

 6  chapter 471.

 7         13.  Board of Professional Geologists, created under

 8  chapter 492.

 9         14.  Board of Professional Surveyors and Mappers,

10  created under chapter 472.

11         15.  Board of Veterinary Medicine, created under

12  chapter 474.

13         Section 7.  Section 215.321, Florida Statutes, is

14  amended to read:

15         215.321  Regulatory Trust Fund.--All funds received

16  pursuant to ss. 494.001-494.0077, chapter 497, chapter 516,

17  chapter 520, or part I of chapter 559 shall be deposited into

18  the Regulatory Trust Fund.

19         Section 8.  Subsection (1) of section 455.2226, Florida

20  Statutes, is amended to read:

21         455.2226  Funeral directors and embalmers; instruction

22  on human immunodeficiency virus and acquired immune deficiency

23  syndrome.--

24         (1)  The Board of Funeral Directors and Cemeteries

25  Embalmers shall require each person licensed or certified

26  under chapter 470 to complete a continuing educational course,

27  approved by the board, on human immunodeficiency virus and

28  acquired immune deficiency syndrome as part of biennial

29  relicensure or recertification.  The course shall consist of

30  education on the modes of transmission, infection control

31  procedures, clinical management, and prevention of human

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    Florida Senate - 2002                                  SB 48-E
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 1  immunodeficiency virus and acquired immune deficiency

 2  syndrome. Such course shall include information on current

 3  Florida law on acquired immune deficiency syndrome and its

 4  impact on testing, confidentiality of test results, and

 5  treatment of patients.

 6         Section 9.  Subsection (2) of section 470.002, Florida

 7  Statutes, is amended to read:

 8         470.002  Definitions.--As used in this chapter:

 9         (2)  "Board" means the Board of Funeral Directors and

10  Cemeteries Embalmers.

11         Section 10.  Section 470.003, Florida Statutes, is

12  amended to read:

13         470.003  Board of Funeral Directors and Cemeteries

14  Embalmers; membership; appointment; terms; headquarters.--

15         (1)  The Board of Funeral Directors and Cemeteries

16  Embalmers is created within the Department of Business and

17  Professional Regulation and shall consist of nine seven

18  members appointed by the Governor and confirmed by the Senate.

19         (2)  Three Five members of the board must be funeral

20  directors licensed under this chapter, no more than two of

21  whom may be associated with a cemetery company through

22  ownership interests or through employment with a company which

23  has an ownership interest in a cemetery.  Three members must

24  be owners or operators of a cemetery licensed under chapter

25  497.  The remaining Two members must be residents of the state

26  who have never been licensed as funeral directors or embalmers

27  and who are in no way connected with a cemetery, the death

28  care industry, or the practice of embalming, funeral

29  directing, or direct disposition.  One member must be a

30  monument dealer affiliated with a monument establishment

31  registered under chapter 497.  At least one consumer member of

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 1  the board must be 60 years of age or older.  No licensee on

 2  the board may be associated by employment or ownership with a

 3  funeral establishment or cemetery which is owned partly or

 4  wholly by a person, business, corporation, or other entity

 5  which is associated with another licensee on the board.

 6         (3)  The Governor shall appoint members for terms of 4

 7  years, and such members shall serve until their successors are

 8  appointed.

 9         (4)  The board may be contacted through the

10  headquarters of the department in the City of Tallahassee.

11         (5)(4)  All provisions of chapter 455 and s. 20.165

12  relating to activities of regulatory boards shall apply.

13         Section 11.  Paragraph (d) of subsection (2) of section

14  470.017, Florida Statutes, is amended to read:

15         470.017  Registration as a direct disposer.--

16         (2)  Any person who desires to be registered as a

17  direct disposer shall file an application with the department

18  on a form furnished by the department. The department shall

19  register each applicant who has remitted a registration fee

20  set by the department, not to exceed $200; has completed the

21  application form and remitted a nonrefundable application fee

22  set by the department, not to exceed $50; and meets the

23  following requirements:

24         (d)  Has received a passing grade in the following a

25  college credit courses, as provided by rule of the board:

26  course in Florida mortuary law, ethics,

27  microbiology-infectious diseases, thanatology, and accounting.

28         Section 12.  Subsection (2) of section 470.018, Florida

29  Statutes, is amended to read:

30         470.018  Renewal of registration of direct disposer.--

31  

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 1         (2)  The department shall adopt rules establishing a

 2  procedure for the biennial renewal of registrations.  The

 3  board shall prescribe by rule continuing education

 4  requirements of up to 6 3 classroom hours and may by rule

 5  establish criteria for accepting alternative nonclassroom

 6  continuing education on an hour-for-hour basis, in addition to

 7  a board-approved course on communicable diseases that includes

 8  the course on human immunodeficiency virus and acquired immune

 9  deficiency syndrome required by s. 455.2226, for the renewal

10  of a registration.

11         Section 13.  Subsection (1) of section 470.0295,

12  Florida Statutes, is amended to read:

13         470.0295  Disinterment; transportation; authorization

14  and notification.--

15         (1)  The disinterment and reinterment of human remains

16  shall require the physical presence of a licensed funeral

17  director, unless the reinterment is to be made in the same

18  cemetery.

19         Section 14.  Section 470.0355, Florida Statutes, is

20  amended to read:

21         470.0355  Identification of human remains.--

22         (1)  The licensee or registrant in charge of the final

23  disposition of dead human remains shall, prior to final

24  disposition of such dead human remains, affix on the ankle or

25  wrist of the deceased, and affix on or otherwise attach to or

26  in the casket and outer burial container or any alternative

27  container or cremation container, proper identification of the

28  dead human remains.  The identification or tag shall be

29  encased in or consist of durable and long-lasting material

30  containing the name, date of birth, and date of death, and

31  social security number of the deceased, if available. If the

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 1  dead human remains are cremated, proper identification shall

 2  be placed in the container or urn containing the remains.

 3         (2)  Any licensee or registrant responsible for removal

 4  of dead human remains to any establishment, facility, or

 5  location shall ensure that the remains are identified by a tag

 6  or other means of identification that is affixed to the ankle

 7  or wrist of the deceased at the time the remains are removed

 8  from the place of death or other location. The tag or other

 9  identification may not be removed from the human remains,

10  except to relocate the tag or other identification from the

11  ankle to the wrist or from the wrist to the ankle.  The tag or

12  other identification must accompany the remains until final

13  disposition. When cremation is the final disposition, the tag

14  or other identification may be removed just prior to cremation

15  and maintained within the permanent file.

16         (3)  Any licensee or registrant may rely on the

17  representation of a legally authorized person to establish the

18  identity of dead human remains.

19         (4)  The board shall adopt rules pursuant to ss.

20  120.536(1) and 120.54 to implement the requirements and

21  operating procedures for the identification of human remains

22  set forth in this section.

23         Section 15.  Subsections (4) and (16) of section

24  497.005, Florida Statutes, are amended to read:

25         497.005  Definitions.--As used in this chapter:

26         (4)  "Board" means the Board of Funeral Directors and

27  Cemeteries created under s. 470.003 Cemetery Services.

28         (16)  "Department" means the Department of Business and

29  Professional Regulation Banking and Finance.

30         Section 16.  Subsection (3) of section 497.103, Florida

31  Statutes, is amended to read:

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 1         497.103  Rulemaking authority of board and

 2  department.--

 3         (3)  The board shall adopt and enforce rules governing

 4  the operation of cemeteries in this state and arrange for the

 5  preparation, publication, and dissemination to the public of

 6  these rules and other information and material relevant to the

 7  operation of cemeteries.  Such rules shall include

 8  establishing reasonable times for access to all cemeteries,

 9  including the time of day and days of the week for access to

10  install monuments and markers.

11         Section 17.  Section 497.105, Florida Statutes, is

12  amended to read:

13         497.105  Department of Banking and Finance; Powers and

14  duties of department.--The department of Banking and Finance

15  shall:

16         (1)  Adopt rules establishing procedures for the

17  renewal of licenses, registrations, and certificates of

18  authority.

19         (2)  Appoint the executive director of the board of

20  Funeral and Cemetery Services, subject to the approval of the

21  board.

22         (3)  With the advice of the board, submit a biennial

23  budget to the Legislature at a time and in the manner provided

24  by law.

25         (4)  Develop a training program for persons newly

26  appointed to membership on the board.  The program shall

27  familiarize such persons with the substantive and procedural

28  laws and rules which relate to the regulation under this

29  chapter and with the structure of the department.

30  

31  

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 1         (5)  Adopt rules pursuant to ss. 120.536(1) and 120.54

 2  to implement the provisions of this chapter conferring duties

 3  upon it.

 4         (6)  Establish by rule procedures by which the

 5  department shall use the expert or technical advice of the

 6  board, for the purposes of investigation, inspection, audit,

 7  evaluation of applications, other duties of the department, or

 8  any other areas the department may deem appropriate.

 9         (7)  Require all proceedings of the board or panels

10  thereof within the department and all formal or informal

11  proceedings conducted by the department, an administrative law

12  judge, or a hearing officer with respect to licensing,

13  registration, certification, or discipline to be

14  electronically recorded in a manner sufficient to ensure the

15  accurate transcription of all matters so recorded.

16         (8)  Select only those investigators approved by the

17  board.  Such investigators shall report to and work in

18  coordination with the executive director of the board and are

19  responsible for all inspections and investigations other than

20  financial examinations.

21         Section 18.  Section 497.117, Florida Statutes, is

22  amended to read:

23         497.117  Legal and investigative services.--

24         (1)  The Department of Legal Affairs shall provide

25  legal services to the board within the Department of Banking

26  and Finance, but the primary responsibility of the Department

27  of Legal Affairs shall be to represent the interests of the

28  citizens of the state by vigorously counseling the board with

29  respect to its obligations under the laws of the state.

30  Subject to the prior approval of the Attorney General, the

31  board may retain independent legal counsel to provide legal

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 1  advice to the board on a specific matter. Fees and costs of

 2  such counsel shall be paid from the Professional Regulation

 3  Regulatory Trust Fund of the department of Banking and

 4  Finance.

 5         (2)  The Department of Business and Professional

 6  Regulation Banking and Finance may employ or utilize the legal

 7  services of outside counsel and the investigative services of

 8  outside personnel. However, no attorney employed or utilized

 9  by the department shall prosecute a matter or provide legal

10  services to the board with respect to the same matter.

11         Section 19.  Subsection (3) of section 497.201, Florida

12  Statutes, is amended to read:

13         497.201  Cemetery companies; license; application;

14  fee.--

15         (3)  If the board finds that the applicant meets the

16  criteria established in subsection (2), the department shall

17  notify the applicant that a license will be issued when:

18         (a)  The establishment of a care and maintenance trust

19  fund containing not less than $50,000 has been certified by a

20  trust company operating pursuant to chapter 660, a state or

21  national bank holding trust powers, or a savings and loan

22  association holding trust powers as provided in s. 497.423.

23         (b)  The applicant has filed with the department

24  development plans which are sufficient to ensure the

25  department that the cemetery will provide adequate service to

26  the community and which have been approved by the appropriate

27  local governmental agency regulating zoning in the area of the

28  proposed cemetery.

29         (c)  The applicant holds an unencumbered fee simple

30  title to at least 30 contiguous acres of land.

31  

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 1         (d)  The applicant has designated as general manager a

 2  person who has integrity, 3 years of cemetery management

 3  experience as defined by board rule, and the ability to

 4  operate a cemetery.

 5         (e)  The applicant has fully developed not less than 2

 6  acres for use as burial space, such development to include a

 7  paved road from a public roadway to the developed section.

 8         (f)  The applicant has recorded, in the public records

 9  of the county in which the land is located, a notice which

10  contains the following language:

11  

12                              NOTICE

13  

14  The property described herein shall not be sold, conveyed,

15  leased, mortgaged, or encumbered without the prior written

16  approval of the Department of Business and Professional

17  Regulation Banking and Finance, as provided in the Florida

18  Funeral and Cemetery Services Act.

19  

20  Such notice shall be clearly printed in boldfaced type of not

21  less than 10 points and may be included on the face of the

22  deed of conveyance to the licensee or may be contained in a

23  separate recorded instrument which contains a description of

24  the property.

25         Section 20.  Paragraph (x) of subsection (1) of section

26  497.233, Florida Statutes, is amended to read:

27         497.233  Disciplinary proceedings.--

28         (1)  The following acts constitute grounds for which

29  the disciplinary actions in subsection (2) may be taken:

30         (x)  Sale of an irrevocable preneed contract to a

31  person who is not an applicant for or recipient of

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 1  Supplemental Security Income, Aid to Families with Dependent

 2  Children, or Medicaid pursuant to s. 497.419(8)(7).

 3         Section 21.  Subsection (3) of section 497.253, Florida

 4  Statutes, is amended to read:

 5         497.253  Minimum acreage; sale or disposition of

 6  cemetery lands.--

 7         (3)(a)  If the property to be sold, conveyed, or

 8  disposed of under subsection (2) has been or is being used for

 9  the permanent interment of human remains, the applicant for

10  approval of such sale, conveyance, or disposition shall cause

11  to be published, at least once a week for 4 consecutive weeks,

12  a notice meeting the standards of publication set forth in s.

13  125.66(4)(b)2. The notice shall describe the property in

14  question and the proposed noncemetery use and shall advise

15  substantially affected persons that they may file a written

16  request for a hearing pursuant to chapter 120, within 14 days

17  after the date of last publication of the notice, with the

18  department if they object to granting the applicant's request

19  to sell, convey, or dispose of the subject property for

20  noncemetery uses.

21         (b)  If the property in question has never been used

22  for the permanent interment of human remains, no notice or

23  hearing is required.

24         (c)  If the property in question has been used for the

25  permanent interment of human remains, the department shall

26  approve the application, in writing, if it finds that it would

27  not be contrary to the public interest. In determining whether

28  to approve the application, the department shall consider any

29  evidence presented concerning the following:

30         1.  The historical significance of the subject

31  property, if any.

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 1         2.  The archaeological significance of the subject

 2  property, if any.

 3         3.  The public purpose, if any, to be served by the

 4  proposed use of the subject property.

 5         4.  The impact of the proposed change in use of the

 6  subject property upon the reasonable expectations of the

 7  families of the deceased regarding whether the cemetery

 8  property was to remain as a cemetery in perpetuity.

 9         5.  Whether any living relatives of the deceased

10  actively oppose the relocation of their deceased's remains and

11  the conversion of the subject property to noncemetery uses.

12         6.  The elapsed time since the last interment in the

13  subject property.

14         7.  Any other factor enumerated in this chapter that

15  the department considers relevant to the public interest.

16         (d)  Any deed, mortgage, or other conveyance by a

17  cemetery company or other owner pursuant to paragraphs

18  subsections (a) and (c) above must contain a disclosure in the

19  following or substantially similar form:

20  

21  NOTICE:  The property described herein was formerly used and

22  dedicated as a cemetery. Conveyance of this property and its

23  use for noncemetery purposes was authorized by the Florida

24  Department of Business and Professional Regulation Banking and

25  Finance by Order No. ...., dated .....

26  

27         (e)  The department shall adopt such rules as are

28  necessary to carry out the provisions of this section.

29         Section 22.  Subsection (3) of section 497.305, Florida

30  Statutes, is amended to read:

31         497.305  Cemetery companies; authorized functions.--

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 1         (3)  A cemetery company may adopt bylaws establishing

 2  minimum standards for burial merchandise or the installation

 3  thereof. However, a cemetery company may not restrict access

 4  to any cemetery by any person needing access to install a

 5  monument or marker on behalf of a registered monument

 6  establishment, if such access is within the reasonable times

 7  for access established by board rule.

 8         Section 23.  Subsection (2) of section 497.325, Florida

 9  Statutes, is amended to read:

10         497.325  Illegal tying arrangements.--

11         (2)(a)  Noncemetery licensed persons and firms shall

12  have the right to sell monuments and to perform or provide on

13  cemetery property foundation, preparation, and installation

14  services for monuments. However, a cemetery company or any

15  other entity owning and operating a cemetery may establish

16  reasonable rules regarding the style and size of a monument or

17  its foundation, provided such rules are applicable to all

18  monuments from whatever source obtained and are enforced

19  uniformly as to all monuments. Such rules shall be

20  conspicuously posted and readily accessible to inspection and

21  copy by interested persons.

22         (b)  No person who is authorized to sell grave space

23  and no cemetery company or other entity owning and operating a

24  cemetery may:

25         1.  Require the payment of a setting or service charge,

26  by whatever name known, from third party installers for the

27  placement of a monument;

28         2.  Refuse to provide care or maintenance for any

29  portion of a gravesite on which a monument has been placed; or

30         3.  Waive liability with respect to damage caused by

31  cemetery employees or agents to a monument after installation,

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 1  

 2  where the monument or installation service is not purchased

 3  from the person authorized to sell grave space or the cemetery

 4  company or other legal entity providing grave space or from or

 5  through any other person or corporation designated by the

 6  person authorized to sell grave space or the cemetery company

 7  or other legal entity providing grave space.  No cemetery

 8  company or other entity owning and operating a cemetery may be

 9  held liable for the improper installation of a monument where

10  the monument is not installed by the cemetery company or its

11  agents or by such other entity or its agents.

12         Section 24.  Subsection (6) of section 497.333, Florida

13  Statutes, is amended to read:

14         497.333  Disclosure of information to public.--A

15  licensee offering to provide burial rights, merchandise, or

16  services to the public shall:

17         (6)  Provide to the customer, upon the purchase of any

18  burial right, merchandise, or service, a written contract, the

19  form of which has been approved by the board.

20         (a)  The written contract shall be completed as to all

21  essential provisions prior to the signing of the contract by

22  the customer.

23         (b)  The written contract shall provide an itemization

24  of the amounts charged for all services, merchandise, and

25  fees, which itemization shall be clearly and conspicuously

26  segregated from everything else on the written contract.

27         (c)  A description of the merchandise covered by the

28  contract to include, when applicable, model, manufacturer, and

29  other relevant specifications.

30         (d)  A complete description of any grave space to be

31  used for the interment of human remains.

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 1         Section 25.  Subsection (5) of section 497.361, Florida

 2  Statutes, is repealed:

 3         497.361  Registration of monument establishments.--

 4         (5)  Monuments shall be delivered as established by

 5  this chapter and installed no later than 120 days after the

 6  date of sale. The establishment may request two 30-day

 7  extensions. Extensions may be granted by the executive

 8  director.

 9         Section 26.  Present subsections (6) through (10) of

10  section 497.419, Florida Statutes, are renumbered as

11  subsections (7) through (11), respectively, and a new

12  subsection (6) is added to that section to read:

13         497.419  Cancellation of, or default on, preneed

14  contracts.--

15         (6)  Failure to install a monument within 180 days

16  after interment is a breach of contract unless the

17  certificateholder has a written agreement to extend the

18  installation date. The purchaser is entitled to a refund of

19  all money paid for the merchandise. Such refund must be made

20  within 30 days after receipt by the certificateholder of the

21  contract purchaser's written request for a refund. This

22  subsection does not preclude the purchase and installation of

23  a new monument from any other registered monument dealer.

24         Section 27.  Subsection (9) of section 497.429, Florida

25  Statutes, is amended to read:

26         497.429  Alternative preneed contracts.--

27         (9)  The contract may provide that the

28  certificateholder may cancel the contract, but only in the

29  event that the purchaser is more than 90 days in default of

30  the terms of the contract; and, unless subject to the

31  provisions of s. 497.419(7)(6), must provide that the

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 1  purchaser, or her or his representative, has the right, at any

 2  time prior to the performance of the contract, to cancel the

 3  preneed contract and revest title to all the funds paid on the

 4  preneed contract, except for applicable liquidated damages,

 5  and the certificateholder's rights in the net income of the

 6  trust.

 7         Section 28.  Section 497.442, Florida Statutes, is

 8  created to read:

 9         497.442  Preneed sale of undeveloped cemetery

10  property.--The preneed sale of undeveloped cemetery property

11  prior to the filing of a site plan for board approval is

12  prohibited. Each site plan for undeveloped cemetery property

13  submitted to the board for approval must be completed by a

14  professional surveyor and mapper licensed under chapter 472.

15         Section 29.  Sections 497.101, 497.107, and 497.109,

16  Florida Statutes, are repealed.

17         Section 30.  If any law that is amended by this act was

18  also amended by a law enacted at the 2002 Regular Session of

19  the Legislature, such laws shall be construed as if they had

20  been enacted at the same session of the Legislature, and full

21  effect should be given to each if that is possible.

22         Section 31.  Except as otherwise provided in this act,

23  this act shall take effect October 1, 2002.

24  

25  

26  

27  

28  

29  

30  

31  

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Transfers the administration of ch. 497, F.S., relating
      to funeral and cemetery services, from the Department of
 4    Banking and Finance to the Department of Business and
      Professional Regulation, effective October 1, 2002. Ends
 5    the terms of current members of the Board of Funeral
      Directors and Embalmers and of the Board of Funeral and
 6    Cemetery Services on October 1, 2002, and provides for
      appointment and staggering of terms of members of the new
 7    Board of Funeral Directors and Cemeteries. Provides that
      fees and costs of legal counsel shall be paid from the
 8    Professional Regulation Trust Fund rather than the
      Regulatory Trust Fund, and eliminates deposit into the
 9    Regulatory Trust Fund of funds received pursuant to ch.
      497, F.S.
10  
      Increases college credit course requirements for
11    registration as a direct disposer and continuing
      education requirements for renewal of such registration.
12    Eliminates an exception to the requirement that a
      licensed funeral director be present during the
13    disinterment and reinterment of human remains. Revises
      requirements for the identification of human remains.
14    Requires the board to establish by rule reasonable times
      for access to cemeteries, and prohibits cemetery
15    companies from restricting cemetery access to authorized
      installers of monuments and markers during such times.
16    Clarifies applicability of certain illegal tying
      arrangements not only to cemetery companies but also to
17    other entities owning and operating a cemetery. Requires
      that each written contract provided to a customer include
18    a complete description of any grave space to be used for
      the interment of human remains. Repeals a provision
19    relating to requirements for delivery and deadlines for
      installation of monuments. Provides that failure to
20    install a monument within a specified period after
      interment constitutes breach of contract and authorizes
21    extension of such period by written agreement.  Prohibits
      the preneed sale of undeveloped cemetery property prior
22    to the filing of a site plan for board approval, and
      requires site plans for undeveloped cemetery property to
23    be completed by a professional surveyor and mapper. (See
      bill for details.)
24  

25  

26  

27  

28  

29  

30  

31  

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