HB 0495 2003
1	CHAMBER ACTION
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6	The Committee on State Administration recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to funeral directing, embalming, direct
12	disposition, and cemetery services; amending s. 20.121,
13	F.S.; establishing the Division of Funeral, Cemetery, and
14	Consumer Services and the Board of Funeral, Cemetery, and
15	Consumer Services within the Department of Financial
16	Services; amending s. 20.165, F.S.; abolishing the Board
17	of Funeral Directors and Embalmers within the Department
18	of Business and Professional Regulation; amending s.
19	455.2226, F.S.; conforming a reference; amending ss.
20	470.002 and 497.005, F.S.; conforming definitions;
21	amending ss. 497.105, 497.117, 497.201, and 497.253, F.S.;
22	conforming references; repealing ss. 470.003, 497.107, and
23	497.109, F.S., relating to the Board of Funeral Directors
24	and Embalmers and the Board of Funeral and Cemetery
25	Services, to conform; amending s. 497.101, F.S.; creating
26	the Board of Funeral, Cemetery, and Consumer Services;
27	providing for the appointment of board members; providing
28	terms of office; providing grounds for removal or
29	suspension of a member; providing immunity from liability
30	for members acting in an official capacity; specifying the
31	headquarters for the board; providing for compensation and
32	reimbursement for per diem expenses; creating s. 497.102,
33	F.S.; providing for the authority of the board; creating
34	s. 497.1021, F.S.; providing duties of the Division of
35	Funeral, Cemetery, and Consumer Services; providing powers
36	of enforcement; creating s. 497.1022, F.S.; establishing
37	the office of the director of the division; providing
38	duties to the Chief Financial Officer under chapters 470
39	and 497, F.S.; providing for type two transfer of the
40	Board of Funeral Directors and Embalmers to the Department
41	of Financial Services; providing for validity of judicial
42	and administrative actions; providing for validity of
43	licenses; providing for continuity of rules; abolishing
44	the Board of Funeral and Cemetery Services and the Board
45	of Funeral Directors and Embalmers; providing for deposit
46	of fees; providing for conforming of statutes; amending s.
47	470.002, F.S.; revising and providing definitions;
48	amending s. 470.0085, F.S.; extending the embalmer
49	apprentice period; amending s. 470.018, F.S.; increasing
50	continuing education requirement; amending s. 470.021,
51	F.S.; providing additional requirements to be a direct
52	disposal establishment; providing inspection requirements
53	and criteria; amending s. 470.024, F.S.; revising
54	requirements to be a funeral establishment; amending s.
55	470.025, F.S.; revising cremation requirements for
56	cinerator facilities relating to simultaneous cremations,
57	body parts, cremation containers, and the cremation
58	chamber; providing exemption from liability for
59	unintentional or incidental commingling of remains under
60	certain conditions; amending s. 470.0255, F.S.; providing
61	for cremation of parts of human bodies incidental to final
62	disposition; amending s. 470.028, F.S.; providing for
63	control and supervision of preneed agents; amending s.
64	470.029, F.S.; extending the filing time for reports of
65	bodies embalmed or handled; amending s. 470.031, F.S.;
66	prohibiting any guarantee on the future price of any goods
67	or services; providing penalties; amending s. 470.0355,
68	F.S.; revising requirements for identification of human
69	remains prior to final disposition; providing requirements
70	for identification of human remains in licensed and
71	unlicensed cemeteries and by direct disposal
72	establishments; reenacting s. 470.036, F.S., relating to
73	disciplinary proceedings, to incorporate the amendment to
74	s. 470.031, F.S., in a reference thereto; amending s.
75	497.005, F.S.; revising and providing definitions;
76	amending s. 497.305, F.S.; requiring that a cemetery
77	company comply with its adopted bylaws; creating s.
78	497.306, F.S.; providing dimension and spacing standards
79	for grave spaces; requiring a map of reference markers and
80	a land survey for areas proposed to be developed by a
81	licensed cemetery company, exempting adult grave spaces
82	previously established; creating s. 497.307, F.S.;
83	providing requirements for identification of human remains
84	in licensed cemeteries; amending s. 497.325, F.S.;
85	providing for procedures established by other entities
86	operating a cemetery; amending s. 497.333, F.S.; providing
87	for disclosure of certain information to customers;
88	amending s. 497.361, F.S.; providing for approval of
89	contracts; creating s. 497.365, F.S.; providing for
90	regulation of monument establishments by the Department of
91	Financial Services; providing for inspections; providing
92	for rules; providing that the department may not
93	unreasonably restrict commerce; creating s. 497.371, F.S.;
94	providing for specifications for business locations;
95	creating s. 497.379, F.S.; providing for licensure of
96	monument establishments to sell preneed contracts;
97	creating s. 497.385, F.S.; providing for registration of
98	monument sales representatives; creating s. 497.391, F.S.;
99	providing for approval of preneed contracts by the board;
100	creating s. 497.395, F.S.; providing financial
101	requirements for monument establishments; providing
102	requirements for minimum net worth; providing for
103	submission of financial statements; providing for minimum
104	sales volume with respect to preneed contracts; providing
105	for guarantee agreements; providing for additional
106	oversight in lieu of financial requirements; amending s.
107	497.405, F.S.; prohibiting any person from advertising for
108	sale or making any arrangement for a preneed contract
109	without having a valid certificate of authority; expanding
110	the exemption from the required certificate of authority
111	for certain religious-institution-owned cemeteries to
112	include the sale and opening or closing of cremation
113	interment containers to members and family members of the
114	religious institution; amending s. 497.419, F.S.;
115	requiring preneed contracts to include in the refund
116	notice the exclusion for amounts allocable to burial
117	rights, merchandise, and services used by the purchaser;
118	providing condition for breach of contract by
119	certificateholder and for rights of purchaser; amending s.
120	497.436, F.S.; authorizing the Board of Funeral and
121	Cemetery Services to review the trust funds, trust
122	agreements, and outstanding preneed contracts of, and
123	perform other procedures at its discretion with respect
124	to, a certificateholder filing notice to become inactive;
125	providing effective dates.
126
127	Be It Enacted by the Legislature of the State of Florida:
128
129	Section 1. Effective January 1, 2004, paragraph (n) is
130	added to subsection (2) of section 20.121, Florida Statutes, and
131	subsection (4) is added to said section, to read:
132	20.121 Department of Financial Services.--There is created
133	a Department of Financial Services.
134	(2) DIVISIONS.--The Department of Financial Services shall
135	consist of the following divisions:
136	(n) Division of Funeral, Cemetery, and Consumer Services.
137	(4) BOARD OF FUNERAL, CEMETERY, AND CONSUMER
138	SERVICES.--There is created within the Department of Financial
139	Services the Board of Funeral, Cemetery, and Consumer Services.
140	Section 2. Effective January 1, 2004, paragraph (a) of
141	subsection (4) of section 20.165, Florida Statutes, is amended
142	to read:
143	20.165 Department of Business and Professional
144	Regulation.--There is created a Department of Business and
145	Professional Regulation.
146	(4)(a) The following boards are established within the
147	Division of Professions:
148	1. Board of Architecture and Interior Design, created
149	under part I of chapter 481.
150	2. Florida Board of Auctioneers, created under part VI of
151	chapter 468.
152	3. Barbers' Board, created under chapter 476.
153	4. Florida Building Code Administrators and Inspectors
154	Board, created under part XII of chapter 468.
155	5. Construction Industry Licensing Board, created under
156	part I of chapter 489.
157	6. Board of Cosmetology, created under chapter 477.
158	7. Electrical Contractors' Licensing Board, created under
159	part II of chapter 489.
160	8. Board of Employee Leasing Companies, created under part
161	XI of chapter 468.
162	9. Board of Funeral Directors and Embalmers, created under
163	chapter 470.
164	9.10.Board of Landscape Architecture, created under part
165	II of chapter 481.
166	10.11.Board of Pilot Commissioners, created under chapter
167	310.
168	11.12.Board of Professional Engineers, created under
169	chapter 471.
170	12.13.Board of Professional Geologists, created under
171	chapter 492.
172	13.14.Board of Professional Surveyors and Mappers,
173	created under chapter 472.
174	14.15.Board of Veterinary Medicine, created under chapter
175	474.
176	Section 3. Effective January 1, 2004, subsection (1) of
177	section 455.2226, Florida Statutes, is amended to read:
178	455.2226 Funeral directors and embalmers; instruction on
179	HIV and AIDS.--
180	(1) The Board of Funeral, Cemetery, and Consumer Services
181	Funeral Directors and Embalmersshall require each person
182	licensed or certified under chapter 470 to complete a continuing
183	educational course, approved by the board, on human
184	immunodeficiency virus and acquired immune deficiency syndrome
185	as part of biennial relicensure or recertification. The course
186	shall consist of education on the modes of transmission,
187	infection control procedures, clinical management, and
188	prevention of human immunodeficiency virus and acquired immune
189	deficiency syndrome. Such course shall include information on
190	current Florida law on acquired immune deficiency syndrome and
191	its impact on testing, confidentiality of test results, and
192	treatment of patients.
193	Section 4. Effective January 1, 2004, subsections (1) and
194	(2) of section 470.002, Florida Statutes, are amended to read:
195	470.002 Definitions.--As used in this chapter:
196	(1) "Department" means the Department of Financial
197	ServicesBusiness and Professional Regulation.
198	(2) "Board" means the Board of Funeral, Cemetery, and
199	Consumer ServicesFuneral Directors and Embalmers.
200	Section 5. Effective January 1, 2004, subsections (4) and
201	(16) of section 497.005, Florida Statutes, are amended, and
202	subsections (36) and (37) are added to said section, to read:
203	497.005 Definitions.--As used in this chapter:
204	(4) "Board" means the Board of Funeral, Cemetery, and
205	Consumer ServicesFuneral and Cemetery Services.
206	(16) "Department" means the Department of Financial
207	ServicesBanking and Finance.
208	(36) "Director" means the director of the Division of
209	Funeral, Cemetery, and Consumer Services.
210	(37) "Division" means the Division of Funeral, Cemetery,
211	and Consumer Services within the Department of Financial
212	Services.
213	Section 6. Effective January 1, 2004, section 497.105,
214	Florida Statutes, is amended to read:
215	497.105 Department of Banking and Finance;Powers and
216	duties of department.--The department of Banking and Finance
217	shall:
218	(1) Adopt rules establishing procedures for the renewal of
219	licenses, registrations, and certificates of authority.
220	(2) Appoint the executive director of the board of Funeral
221	and Cemetery Services, subject to the approval of the board.
222	(3) With the advice of the board, submit a biennial budget
223	to the Legislature at a time and in the manner provided by law.
224	(4) Develop a training program for persons newly appointed
225	to membership on the board. The program shall familiarize such
226	persons with the substantive and procedural laws and rules which
227	relate to the regulation under this chapter and with the
228	structure of the department.
229	(5) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
230	implement the provisions of this chapter conferring duties upon
231	it.
232	(6) Establish by rule procedures by which the department
233	shall use the expert or technical advice of the board, for the
234	purposes of investigation, inspection, audit, evaluation of
235	applications, other duties of the department, or any other areas
236	the department may deem appropriate.
237	(7) Require all proceedings of the board or panels thereof
238	within the department and all formal or informal proceedings
239	conducted by the department, an administrative law judge, or a
240	hearing officer with respect to licensing, registration,
241	certification, or discipline to be electronically recorded in a
242	manner sufficient to ensure the accurate transcription of all
243	matters so recorded.
244	(8) Select only those investigators approved by the board.
245	Such investigators shall report to and work in coordination with
246	the executive director of the board and are responsible for all
247	inspections and investigations other than financial
248	examinations.
249	Section 7. Effective January 1, 2004, section 497.117,
250	Florida Statutes, is amended to read:
251	497.117 Legal and investigative services.--
252	(1) The Department of Legal Affairs shall provide legal
253	services to the board within the Department of Banking and
254	Finance, but the primary responsibility of the Department of
255	Legal Affairs shall be to represent the interests of the
256	citizens of the state by vigorously counseling the board with
257	respect to its obligations under the laws of the state. Subject
258	to the prior approval of the Attorney General, the board may
259	retain independent legal counsel to provide legal advice to the
260	board on a specific matter. Fees and costs of such counsel shall
261	be paid from the Regulatory Trust Fund of the Department of
262	Banking and Finance.
263	(2) The Department of Financial ServicesBanking and
264	Financemay employ or utilize the legal services of outside
265	counsel and the investigative services of outside personnel.
266	However, no attorney employed or utilized by the department
267	shall prosecute a matter or provide legal services to the board
268	with respect to the same matter.
269	Section 8. Effective January 1, 2004, paragraph (f) of
270	subsection (3) of section 497.201, Florida Statutes, is amended
271	to read:
272	497.201 Cemetery companies; license; application; fee.--
273	(3) If the board finds that the applicant meets the
274	criteria established in subsection (2), the department shall
275	notify the applicant that a license will be issued when:
276	(f) The applicant has recorded, in the public records of
277	the county in which the land is located, a notice which contains
278	the following language:
279
280	NOTICE
281
282	The property described herein shall not be sold, conveyed,
283	leased, mortgaged, or encumbered without the prior written
284	approval of the Department of Financial ServicesBanking and
285	Finance, as provided in the Florida Funeral and Cemetery
286	Services Act.
287
288	Such notice shall be clearly printed in boldfaced type of not
289	less than 10 points and may be included on the face of the deed
290	of conveyance to the licensee or may be contained in a separate
291	recorded instrument which contains a description of the
292	property.
293	Section 9. Effective January 1, 2004, paragraph (d) of
294	subsection (3) of section 497.253, Florida Statutes, is amended
295	to read:
296	497.253 Minimum acreage; sale or disposition of cemetery
297	lands.--
298	(3)
299	(d) Any deed, mortgage, or other conveyance by a cemetery
300	company or other owner pursuant to subsections (a) and (c) above
301	must contain a disclosure in the following or substantially
302	similar form:
303
304	NOTICE: The property described herein was formerly used and
305	dedicated as a cemetery. Conveyance of this property and its use
306	for noncemetery purposes was authorized by the Florida
307	Department of Financial ServicesBanking and Financeby Order
308	No. _____, dated _____.
309
310	Section 10. Effective January 1, 2004, sections 470.003,
311	497.107, 497.109, Florida Statutes, are repealed.
312	Section 11. Effective January 1, 2004, section 497.101,
313	Florida Statutes, is amended to read:
314	(Substantial rewording of section. See
315	s. 497.101, F.S., for present text.)
316	497.101 Board of Funeral, Cemetery, and Consumer Services;
317	membership; appointment; terms.--
318	(1) The Board of Funeral, Cemetery, and Consumer Services
319	is created within the Department of Financial Services and shall
320	consist of 10 members, nine of whom shall be appointed by the
321	Governor from nominations made by the Chief Financial Officer
322	and confirmed by the Senate. The Chief Financial Officer shall
323	nominate three persons for each of the nine vacancies on the
324	board, and the Governor shall fill each vacancy on the board by
325	appointing one of the three persons nominated by the Chief
326	Financial Officer to fill that vacancy. If the Governor objects
327	to each of the three nominations for a vacancy, she or he shall
328	inform the Chief Financial Officer in writing. Upon
329	notification of an objection by the Governor, the Chief
330	Financial Officer shall submit three additional nominations for
331	that vacancy until the vacancy is filled. One member must be
332	the State Health Officer or his or her designee.
333	(2) Two members of the board must be funeral directors
334	licensed under chapter 470 who are associated with a funeral
335	establishment. One member of the board must be a funeral
336	director licensed under chapter 470 who is associated with a
337	funeral establishment licensed pursuant to chapter 470 which has
338	a valid certificate of authority issued pursuant to this chapter
339	and who owns or operates a cinerator facility approved pursuant
340	to chapters 403 and 470. Two members of the board must be
341	persons whose primary occupation is associated with a cemetery
342	company licensed pursuant to this chapter. Three members of the
343	board must be consumers who are residents of the state who have
344	never been licensed as funeral directors or embalmers and not
345	connected with a cemetery or cemetery company licensed pursuant
346	to this chapter, the death care industry, the practice of
347	embalming, funeral directing, or direct disposition. One of the
348	consumer members must be at least 60 years of age or older and
349	one must be licensed as a certified public accountant pursuant
350	to this chapter 473. One member of the board shall be a monument
351	dealer licensed under chapter 497. One member shall be the
352	State Health Officer or his or her designee.
353	(3) Board members shall be appointed for terms of 4 years
354	and the State Health Officer shall serve as long as that person
355	holds that office. The designee of the State Health Officer
356	shall serve at the pleasure of the Governor. When the terms of
357	the initial board members expire, the Chief Financial Officer
358	shall stagger the terms of the successor members as follows: one
359	funeral director, one cemetery representative, the monument
360	dealer, and one consumer member shall be appointed for terms of
361	2 years, and the remaining members shall be appointed for terms
362	of 4 years. All subsequent terms shall be for 4 years.
363	(4) The Governor may suspend or remove any board member
364	for malfeasance or misfeasance, neglect of duty, incompetence,
365	substantial inability to perform official duties, commission of
366	a crime, or for other substantial cause as determined by the
367	Governor to evidence a lack of fitness to sit on the board. A
368	board member shall be deemed to have resigned his or her board
369	membership, and that position shall be deemed vacant, upon the
370	failure of the member to attend three consecutive meetings of
371	the board or at least half of the meetings of the board during
372	any 12-month period, unless the Chief Financial Officer
373	determines that there was good and adequate justification for
374	the absences and that such absences are not likely to continue.
375	(5) A current or former board member and a person serving
376	on the board's probable cause panels are exempt from any civil
377	liability for any act or omission when acting in good faith in
378	his or her official capacity, and the Department of Legal
379	Affairs and the Division of Risk Management shall defend such
380	board member in any civil action against such person arising
381	from any such act or omission.
382	(6) The headquarters and records of the board shall be in
383	the Division of Funeral, Cemetery, and Consumer Services of the
384	Department of Financial Services in Tallahassee. The Chief
385	Financial Officer shall annually appoint from among the board
386	members a chairperson and vice chairperson of the board. The
387	board shall meet at least every 6 months, and more often as it
388	deems necessary. Special meetings of the board shall be
389	convened upon the direction of the Chief Financial Officer. A
390	quorum is necessary for the conduct of business by the board,
391	unless otherwise provided by law, six board members other than
392	the board's executive director shall constitute a quorum for the
393	conduct of the board's business.
394	(7) A board member shall be compensated $50 for each day
395	the member attends an official meeting and each day the member
396	participates at the request of the board's executive director in
397	any other business involving the board. To the extent authorized
398	by the s. 112.061, a board member is entitled to reimbursement
399	for expenses incurred in connection with official duties. Out-
400	of-state travel by board members on official business shall in
401	each specific instance require the advance approval of the
402	board's executive director in order for the travel to be
403	eligible for reimbursement of expenses.
404	Section 12. Effective January 1, 2004, section 497.102,
405	Florida Statutes, is created to read:
406	497.102 Authority of the board.--
407	(1) The board shall enforce and administer the provisions
408	of chapter 470 and this chapter. Notwithstanding s. 455.017, the
409	board shall administer those powers, duties, and functions in
410	chapter 455 which are necessary to enforce the provisions of
411	chapter 470.
412	(2) For purposes of enforcement of chapter 455 regarding
413	chapter 470, on and after January 1, 2004, references in chapter
414	455 to the Department of Business and Professional Regulation or
415	the secretary of that department, shall be read as referring to
416	the Department of Financial Services or the Chief Financial
417	Officer, as the context may indicate to be appropriate.
418	(3) The Department of Financial Services shall not adopt
419	any rule or publish any notice of proposed rule development as
420	provided in ss. 120.536-120.551 which affects the provisions of
421	chapter 455, chapter 470 or this chapter without first
422	presenting the rule or rules proposed for development to the
423	board for its review and recommendation, if any. This
424	subsection shall not apply to emergency rulemaking under s.
425	120.54(4).
426	Section 13. Effective January 1, 2004, section 497.1021,
427	Florida Statutes, is created to read:
428	497.1021 Division of Funeral, Cemetery, and Consumer
429	Services.--
430	(1) There is created within the Department of Financial
431	Services the Division of Funeral, Cemetery, and Consumer
432	Services. The division shall enforce the provisions of chapter
433	470 and this chapter and perform such other acts as may be
434	necessary to carry out the provisions thereof.
435	(2) The division shall provide all services concerning
436	chapter 470 and this chapter, including, but not limited to,
437	recordkeeping services, examination services, legal services,
438	and investigative services. Those services in chapter 455
439	necessary to perform the duties of chapter 470 shall be provided
440	by the division.
441	(3) Funds received as a result of settlements with
442	regulated entities and persons may be used by the division for
443	contracting for the training of auditors and the conduct of
444	examinations in order to enhance oversight and enforcement of
445	laws and regulations governing the activities of licensees.
446	Section 14. Effective January 1, 2004, section 497.1022,
447	Florida Statutes, is created to read:
448	497.1022 Director of the Division of Funeral, Cemetery,
449	and Consumer Services.--
450	(1) The office of the Director of the Division of Funeral,
451	Cemetery, and Consumer Services is created. The director is the
452	agency head of the division. The director shall be appointed by
453	the Chief Financial Officer and shall serve at the pleasure of
454	the Chief Financial Officer.
455	(2) The director shall be responsible for the preparation
456	of the board agenda, presentation of division staff
457	recommendations, and reports of the activities of the division
458	to the board and shall serve as the executive director of the
459	board and perform such other duties as may be assigned by the
460	Chief Financial Officer.
461	Section 15. Effective January 1, 2004, all duties
462	performed by the Secretary of the Department of Business and
463	Professional Regulation under chapter 470, Florida Statutes, and
464	all duties performed by the Comptroller under chapter 497,
465	Florida Statutes, shall be performed by the Chief Financial
466	Officer under the provisions of this act. The duties may be
467	delegated by the Chief Financial Officer to the Director of the
468	Division of the Funeral, Cemetery, and Consumer Services.
469	Section 16. (1) All of the statutory powers, duties and
470	functions, records, personnel, property, and unexpended balances
471	of appropriations, allocations, or other funds for the
472	administration of chapter 470, Florida Statutes, related to the
473	Board of Funeral Directors and Embalmers shall be transferred by
474	a type two transfer, as defined in section 20.06(2), Florida
475	Statutes, from the Department of Business and Professional
476	Regulation to the Board of Funeral, Cemetery, and Consumer
477	Services within the Department of Financial Services.
478	(2) The transfer of regulatory authority over chapter 470,
479	Florida Statutes, provided by this act shall not affect the
480	validity of any judicial or administrative action involving the
481	Board of Funeral Directors and Embalmers or the Department of
482	Business and Professional Regulation pending on December 31,
483	2003, and the Department of Financial Services or the Board of
484	Funeral, Cemetery, and Consumer Services shall be substituted as
485	a party in interest in any such action.
486	(3) Notwithstanding the transfer of regulatory authority
487	over chapter 470, Florida Statutes, provided by this act, all
488	licenses and registrations issued pursuant to chapter 470,
489	Florida Statutes, that are valid on December 31, 2003, shall
490	remain in effect subject to the provisions of chapters 470 and
491	455, Florida Statutes.
492	(4) The rules of the Board of Funeral Directors and
493	Embalmers and the Department of Business and Professional
494	Regulation which were in effect on midnight, December 31, 2003,
495	shall become the rules of the Department of Financial Services
496	as is appropriate to the corresponding regulatory function and
497	shall remain in effect until specifically amended or repealed in
498	the manner provided by law.
499	(5) All of the statutory powers, duties and functions,
500	records, personnel, property, and unexpended balances of
501	appropriations, allocations, or other funds for the
502	administration of chapter 497, Florida Statutes, related to the
503	Board of Funeral and Cemetery Services shall be transferred by a
504	type two transfer, as defined in section 20.06(2), Florida
505	Statutes, from the Department of Banking and Finance to the
506	Board of Funeral, Cemetery, and Consumer Services within the
507	Department of Financial Services.
508	(6) The transfer of regulatory authority over chapter 497,
509	Florida Statutes, provided by this act shall not affect the
510	validity of any judicial or administrative action involving the
511	Board of Funeral and Cemetery Services or the Department of
512	Banking and Finance pending on December 31, 2003, and the
513	Department of Financial Services or the Board of Funeral,
514	Cemetery, and Consumer Services shall be substituted as a party
515	in interest in any such action.
516	(7) Notwithstanding the transfer of regulatory authority
517	over chapter 497, Florida Statutes, provided by this act, all
518	licenses and registrations issued pursuant to chapter 497,
519	Florida Statutes, which are valid on December 31, 2003, shall
520	remain in effect subject to the provisions of chapter 497,
521	Florida Statutes.
522	(8) The rules of the Board of Funeral and Cemetery
523	Services or the Department of Banking and Finance which were in
524	effect on midnight, December 31, 2003, shall become the rules of
525	the Department of Financial Services and shall remain in effect
526	until specifically amended or repealed in the manner provided by
527	law.
528	(9) This section shall take effect on January 1, 2004.
529	Section 17. Effective midnight December 31, 2003, the
530	Board of Funeral and Cemetery Services and the Board of Funeral
531	Directors and Embalmers are abolished.
532	Section 18. Effective January 1, 2004, all fees collected
533	pursuant to the provisions of chapters 470 and 497, Florida
534	Statutes, shall be deposited in the Regulatory Trust Fund in the
535	Department of Financial Services.
536	Section 19. The Legislature recognizes that there is a
537	need to conform the Florida Statutes to the policy decisions
538	reflected in the provisions of this act. The Division of
539	Statutory Revision is directed to provide the relevant
540	substantive committees of the Senate and the House of
541	Representatives with assistance, upon request, to enable such
542	committees to prepare draft legislation to conform the Florida
543	Statutes to the provisions of this act.
544	Section 20. Section 470.002, Florida Statutes, is amended
545	to read:
546	470.002 Definitions.--As used in this chapter:
547	(1)(15)"Alternative container" means a nonmetal
548	receptacle or enclosure which is less expensive than a casket
549	and of sufficient strength to be used to hold and transport a
550	dead human body.
551	(2)(22)"At-need solicitation" means any uninvited contact
552	by a funeral director or direct disposer for the purpose of the
553	sale of funeral services or merchandise to the family or next of
554	kin of a person after that person has died.
555	(3)(2)"Board" means the Board of Funeral Directors and
556	Embalmers.
557	(4) "Body parts" means:
558	(a) Limbs or other portions of the anatomy that are
559	removed from a person or human remains for medical purposes
560	during treatment, surgery, biopsy, autopsy, or medical research;
561	or
562	(b) Human bodies or any portions of human bodies which
563	have been donated to science for medical research purposes.
564	(5)(16)"Casket" means a rigid container which is designed
565	for the encasement of human remains for burial,andwhich is
566	usually constructed of wood or metal, ornamented, and lined with
567	fabric, and which may or may not be combustible.
568	(6)(27)"Centralized embalming facility" means a facility,
569	not physically connected with a funeral establishment, in which
570	embalming takes place.
571	(7)(14)"Cinerator" means a facility where dead human
572	bodies are reduced to a residue, including bone fragments, by
573	direct flame, also known as "cremation," or by intense heat,
574	also known as "calcination."
575	(8) "Closed container" means any container in which
576	cremated remains can be placed and closed in a manner so as to
577	prevent leakage or spillage of the remains.
578	(9) "Cremated remains" means all the remains of the human
579	body recovered after the completion of the cremation process,
580	including processing or pulverization which leaves only bone
581	fragments reduced to unidentifiable dimensions and may include
582	the residue of any foreign matter, including casket material,
583	bridgework, or eyeglasses that were cremated with the human
584	remains.
585	(10)(24) "Cremation" means the technical process, using
586	direct flame and heat or chemical means, that reduces human
587	remains to bone fragments through heat and evaporation.
588	Cremation includes the processing and usually includes the
589	pulverization of the bone fragmentsincludes any mechanical or
590	thermal process whereby a dead human body is reduced to ashes
591	and bone fragments. Cremation also includes any other mechanical
592	or thermal process whereby human remains are pulverized, burned,
593	recremated, or otherwise further reduced in size or quantity.
594	(11) "Cremation chamber" means the enclosed space within
595	which the cremation process takes place. Cremation chambers
596	covered by these procedures must be used exclusively for the
597	cremation of human remains.
598	(12) "Cremation container" means the container in which
599	the human remains are transported to and placed in the cremation
600	chamber for a cremation. A cremation container should meet
601	substantially all of the following standards:
602	(a) Be composed of readily combustible materials suitable
603	for cremation.
604	(b) Be able to be closed in order to provide a complete
605	covering for the human remains.
606	(c) Be resistant to leakage or spillage.
607	(d) Be rigid enough to be handled with ease.
608	(e) Be able to provide protection for the health, safety,
609	and personal integrity of crematory personnel.
610	(13) "Cremation interment container" means a rigid outer
611	container that, subject to a cemetery's rules and regulations,
612	is composed of concrete, steel, fiberglass, or some similar
613	material in which an urn is placed prior to being interred in
614	the ground and that is designed to support the earth above the
615	urn.
616	(14)(1)"Department" means the Department of Business and
617	Professional Regulation.
618	(15)(8)"Direct disposal establishment" means a facility
619	registered under this chapter where a direct disposer practices
620	direct disposition.
621	(16)(9)"Direct disposer" means any person registered
622	under this chapter to practice direct disposition in this state.
623	(17)(28)"Disinterment" means removal of a dead human body
624	from earth interment or aboveground interment.
625	(18)(5)"Embalmer" means any person licensed under this
626	chapter to practice embalming in this state.
627	(19)(11)"Final disposition" means the final disposal of a
628	dead human body by earth interment, aboveground interment,
629	cremation, burial at sea, or delivery to a medical institution
630	for lawful dissection if the medical institution assumes
631	responsibility for disposal. "Final disposition" does not
632	include the disposal or distribution of ashes and residue of
633	cremated human remains.
634	(20)(13)"Funeral" or "funeral service" means the
635	observances, services, or ceremonies held to commemorate the
636	life of a specific deceased human being, and at which the human
637	remains are present.
638	(21)(3)"Funeral director" means any person licensed under
639	this chapter to practice funeral directing in this state.
640	(22)(7)"Funeral establishment" means a facility licensed
641	under this chapter where a funeral director or embalmer
642	practices funeral directing or embalming.
643	(23)(12)"Funeral merchandise" or "merchandise" means any
644	merchandise commonly sold in connection with the funeral, final
645	disposition, or memorialization of human remains, including, but
646	not limited to, caskets, outer burial containers, alternative
647	containers, cremation containers, cremation interment
648	containers,urns, monuments, private mausoleums, flowers,
649	shrubs, benches, vases, acknowledgment cards, register books,
650	memory folders, prayer cards, and clothing.
651	(24)(23)"Human remains" or "remains," "dead human body"
652	or "dead human bodies," means the body of a deceased human
653	person for which a death certificate or fetal death certificate
654	is required under chapter 382 and includes the body in any stage
655	of decomposition and the residue of cremated human bodies.
656	(25)(18)"Legally authorized person" means, in the
657	priority listed, the decedent, when written inter vivos
658	authorizations and directions are provided by the decedent, the
659	surviving spouse, unless the spouse has been arrested for
660	committing against the deceased an act of domestic violence as
661	defined in s. 741.28 that resulted in or contributed to the
662	death of the deceased, a son or daughter who is 18 years of age
663	or older, a parent, a brother or sister 18 years of age or over,
664	a grandchild who is 18 years of age or older, or a grandparent;
665	or any person in the next degree of kinship. In addition, the
666	term may include, if no family exists or is available, the
667	following: the guardian of the dead person at the time of death;
668	the personal representative of the deceased; the attorney in
669	fact of the dead person at the time of death; the health
670	surrogate of the dead person at the time of death; a public
671	health officer; the medical examiner, county commission or
672	administrator acting under chapter 245, or other public
673	administrator; a representative of a nursing home or other
674	health care institution in charge of final disposition; or a
675	friend or other person not listed in this subsection who is
676	willing to assume the responsibility as authorized person. Where
677	there is a person in any priority class listed in this
678	subsection, the funeral establishment shall rely upon the
679	authorization of any one legally authorized person of that class
680	if that individual represents that he or she is not aware of any
681	objection to the cremation of the deceased's human remains by
682	others in the same class of the person making the representation
683	or of any person in a higher priority class.
684	(26) "Niche" means a compartment or cubicle for the
685	memorialization or permanent placement of a container or urn
686	containing cremated remains.
687	(27)(19)"Outer burial container" means an enclosure into
688	which a casket is placed, including, but not limited to, a vault
689	made of concrete, steel, fiberglass, or copper, a sectional
690	concrete enclosure, a crypt, or a wooden enclosure.
691	(28)(20)"Personal residence" means any residential
692	building in which one temporarily or permanently maintains his
693	or her abode, including, but not limited to, an apartment or a
694	hotel, motel, nursing home, convalescent home, home for the
695	aged, or a public or private institution.
696	(29)(10)"Practice of direct disposition" means the
697	cremation of human remains without preparation of the human
698	remains by embalming and without any attendant services or rites
699	such as funeral or graveside services or the making of
700	arrangements for such final disposition.
701	(30)(6)"Practice of embalming" means disinfecting or
702	preserving or attempting to disinfect or preserve dead human
703	bodies by replacing certain body fluids with preserving and
704	disinfecting chemicals.
705	(31)(4)"Practice of funeral directing" means the
706	performance by a licensed funeral director of any of those
707	functions authorized by s. 470.0087.
708	(32)(21)"Preneed sales agent" means any person who is
709	registered under chapter 497 to sell preneed burial or funeral
710	service and merchandise contracts or direct disposition
711	contracts in this state.
712	(33) "Processing" means the reduction of identifiable bone
713	fragments after the completion of the cremation process to
714	unidentifiable bone fragments by manual means.
715	(34) "Pulverization" means the reduction of identifiable
716	bone fragments after the completion of the cremation and
717	processing to granulated particles by manual or mechanical
718	means.
719	(35)(25)"Refrigeration facility" means a facility that is
720	not physically connected with a funeral establishment, crematory
721	or direct disposal establishment, that maintains space and
722	equipment for the storage and refrigeration of dead human
723	bodies, and that offers its service to funeral directors and
724	funeral establishments for a fee.
725	(36)(26)"Removal service" means any service that operates
726	independently of a funeral establishment, that handles the
727	initial removal of dead human bodies, and that offers its
728	service to funeral establishments and direct disposal
729	establishments for a fee.
730	(37)(17)"Solicitation" means any communication which
731	directly or implicitly requests an immediate oral response from
732	the recipient.
733	(38) "Temporary container" means a receptacle for cremated
734	remains usually made of cardboard, plastic, or similar material
735	designated to hold the cremated remains until an urn or other
736	permanent container is acquired.
737	(39) "Urn" means a receptacle designed to permanently
738	encase cremated remains.
739	Section 21. Section 470.0085, Florida Statutes, is amended
740	to read:
741	470.0085 Establishment of embalmer apprentice
742	program.--The board may adopt rules establishing an embalmer
743	apprentice program. An embalmer apprentice may perform only
744	those tasks, functions, and duties relating to embalming which
745	are performed under the direct supervision of a licensed
746	embalmer. An embalmer apprentice shall be eligible to serve in
747	an apprentice capacity for a period not to exceed 3 years1 year
748	as may be determined by board rule or for a period not to exceed
749	53years if the apprentice is enrolled in and attending a
750	course in mortuary science or funeral service education at any
751	mortuary college or funeral service education college or school.
752	An embalmer apprentice shall be registered with the board upon
753	payment of a registration fee not to exceed $50.
754	Section 22. Subsection (2) of section 470.018, Florida
755	Statutes, is amended to read:
756	470.018 Renewal of registration of direct disposer.--
757	(1) The department shall renew a registration upon receipt
758	of the renewal application and fee set by the department not to
759	exceed $250.
760	(2) The department shall adopt rules establishing a
761	procedure for the biennial renewal of registrations. The board
762	shall prescribe by rule continuing education requirements of up
763	to 63classroom hours and may by rule establish criteria for
764	accepting alternative nonclassroom continuing education on an
765	hour-for-hour basis, in addition to a board-approved course on
766	communicable diseases that includes the course on human
767	immunodeficiency virus and acquired immune deficiency syndrome
768	required by s. 455.2226, for the renewal of a registration.
769	Section 23. Subsections (2) and (5) of section 470.021,
770	Florida Statutes, are amended to read:
771	470.021 Direct disposal establishment; standards and
772	location; registration.--
773	(2) The practice of direct disposition must be engaged in
774	at a fixed location of at least 625 interior contiguous square
775	feet and must maintain or make arrangements for suitable
776	capacity for the refrigeration and storage of dead human bodies
777	handled and stored by the establishment. No person may open or
778	maintain an establishment at which to engage in or hold himself
779	or herself out as engaging in the practice of direct disposition
780	unless such establishment is registered with the board. Any
781	change in location of such establishment shall be reported
782	promptly to the board as prescribed by rule of the board.
783	(5)(a) Each direct disposal establishment shall at all
784	times be subject to the inspection of all its buildings,
785	grounds, and vehicles used in the conduct of its business, by
786	the department, the Department of Health, and local government
787	inspectors and by their agents. The board shall adopt rules
788	which establish such inspection requirements.
789	(b) The board shall set by rule an annual inspection fee
790	not to exceed $100, payable upon application for registration
791	and upon each renewal of such registration.
792	(c) Each cinerator facility shall be inspected prior to
793	the issuance and renewal of its license and shall:
794	1. Maintain one or more retorts for the reduction of dead
795	human bodies.
796	2. Maintain refrigeration which satisfies the standards
797	set by the Department of Health and which contains a sufficient
798	number of shelves for the average daily number of bodies stored,
799	if unembalmed bodies are kept at the site.
800	3. Maintain sufficient pollution control equipment to
801	comply with requirements of the Department of Environmental
802	Protection in order to secure annual approved certification.
803	4. Either have on site or immediately available sufficient
804	sealed containers of a type required for the transportation of
805	bodies as specified in Rule 10D-37.012, F.A.C.
806	5. Maintain the premises in a clean and sanitary
807	condition.
808	6. Have appropriate Department of Environmental Protection
809	permits.
810	7. Retain all signed contracts for a period of at least 2
811	years.
812	Section 24. Subsection (1) of section 470.024, Florida
813	Statutes, is amended to read:
814	470.024 Funeral establishment; licensure.--
815	(1) A funeral establishment shall be a place at a specific
816	street address or location consisting of at least 1,250
817	contiguous interior square feet and must maintain or make
818	arrangements for eithersuitable capacity for the refrigeration
819	and storage of dead human bodies handled and stored by the
820	establishment andora preparation room equipped with necessary
821	ventilation and drainage and containing necessary instruments
822	for embalming dead human bodies or must make arrangements for a
823	preparation room as established by board rule.
824	Section 25. Subsections (6), (13), (14), and (15) of
825	section 470.025, Florida Statutes, are amended, and subsection
826	(16) is added to said section, to read:
827	470.025 Cinerator facility; licensure.--
828	(6) No more than one dead human body may be placed in a
829	retort at one time, unless written permission has been received
830	from a legally authorized person for each body. The operator of
831	a cinerator facility shall be entitled to rely on the permission
832	of a legally authorized person to cremate more than one human
833	body.
834	(13) A cinerator facility shall not place human remains or
835	body parts in a retort or cremation chamberunless the human
836	remains are in an alternative container, cremation container,or
837	casket. Human remains may be transported in a cremation
838	containeror stored if they are completely covered, and at all
839	times treated with dignity and respect. Cremation may include
840	the processing and pulverization of bone fragments. Cremated
841	remains may be placed in a temporary container following
842	cremation.None of the provisions contained in this subsection
843	require the purchase of a casket for cremation. This subsection
844	applies to at-need contracts and preneed contracts entered into
845	pursuant to chapter 497 after June 1, 1996.
846	(14) Each cinerator facility shall ensure that all
847	alternative containers, cremation containers,or caskets used
848	for cremation contain no amount of chlorinated plastics not
849	authorized by the Department of Environmental Protection, that
850	they also are composed of readily combustible materials suitable
851	for cremation, able to be closed to provide a complete covering
852	for the human remains, resistant to leakage or spillage, rigid
853	enough for handling with ease, and able to provide for the
854	health, safety, and personal integrity of the public and
855	crematory personnel.
856	(15) The board shall adopt, by rule, criteria for
857	acceptable cremation andalternative containers.
858	(16) The operator of a cinerator facility shall establish
859	written procedures for the removal of remains and bone
860	fragments, to the extent possible, resulting from the cremation
861	of a human body and the postcremation processing, shipping,
862	packing, or identifying of those remains. If an operator follows
863	these procedures, the operator is not liable for the
864	unintentional or incidental commingling of human remains and
865	bone fragments resulting from more than one cremation cycle or
866	from postcremation processing, shipping, packing, or identifying
867	of those remains. A copy of the procedures shall be available,
868	upon request, to the department and legally authorized persons.
869	Section 26. Section 470.0255, Florida Statutes, is amended
870	to read:
871	470.0255 Cremation; procedure required.--
872	(1) At the time of the arrangement for a cremation
873	performed by any person licensed pursuant to this chapter, the
874	person contracting for cremation services shall be required to
875	designate his or her intentions with respect to the disposition
876	of the cremated remains of the deceased in a signed declaration
877	of intent which shall be provided by and retained by the funeral
878	or direct disposal establishment. A cremation may not be
879	performed until a legally authorized person gives written
880	authorization for such cremation. The cremation must be
881	performed within 48 hours after a specified time which has been
882	agreed to in writing by the person authorizing the cremation.
883	(2) With respect to any person who intends to provide for
884	the cremation of the deceased, if, after a period of 120 days
885	from the time of cremation the cremated remains have not been
886	claimed, the funeral or direct disposal establishment may
887	dispose of the cremated remains. Such disposal shall include
888	scattering them at sea or placing them in a licensed cemetery
889	scatter garden or pond or in a church columbarium or otherwise
890	disposing of the remains as provided by rule of the department
891	or board.
892	(3) Pursuant to the request of a legally authorized person
893	and incidental to final disposition, cremation may be performed
894	on parts of human remains. This subsection does not authorize
895	the cremation of body parts as defined in s. 470.002.
896	Section 27. Section 470.028, Florida Statutes, is amended
897	to read:
898	470.028 Preneed sales; registration of agents; control and
899	supervision of agents.--
900	(1) All sales of preneed funeral service contracts or
901	direct disposition contracts shall be made pursuant to chapter
902	497.
903	(2) No person may act as an agent for a funeral
904	establishment or direct disposal establishment with respect to
905	the sale of preneed contracts unless such person is registered
906	pursuant to chapter 497.
907	(3) Each licensee or registrant shall be subject to
908	discipline if his or her agent violates any provision of this
909	chapter applicable to such licensee or registrant as established
910	by board rule.
911	(4)(a) The funeral director in charge of a funeral
912	establishment shall be responsible for the control and
913	activities of the establishment's preneed agents.
914	(b) The direct disposer in charge or a funeral director
915	acting as a direct disposer in charge of a direct disposal
916	establishment shall be responsible for the control and
917	activities of the establishment's preneed agents.
918	Section 28. Subsection (1) of section 470.029, Florida
919	Statutes, is amended to read:
920	470.029 Reports of cases embalmed and bodies handled.--
921	(1) Each funeral establishment, direct disposal
922	establishment, cinerator facility, and centralized embalming
923	facility shall report on a form prescribed and furnished by the
924	department the name of the deceased and such other information
925	as may be required with respect to each dead human body embalmed
926	or otherwise handled by the establishment or facility. Such
927	forms shall be signed by the embalmer who performs the
928	embalming, if the body is embalmed, and the funeral director in
929	charge of the establishment or facility or by the direct
930	disposer who disposes of the body. The board shall prescribe by
931	rule the procedures in submitting such documentation. Reports
932	required by this subsection shall be filed by the 20th10thday
933	of each month for final dispositions handled the preceding
934	month.
935	Section 29. Section 470.031, Florida Statutes, is amended
936	to read:
937	470.031 Prohibitions; penalties.--
938	(1) No person may:
939	(a) Practice funeral directing, embalming, or direct
940	disposition unless the person holds an active license or
941	registration under this chapter.
942	(b) Use the name or title "funeral director," "embalmer,"
943	or "direct disposer" when the person has not been licensed or
944	registered pursuant to this chapter.
945	(c) Represent as his or her own the license or
946	registration of another.
947	(d) Give false or forged evidence to the board, a member
948	thereof, or the department for the purpose of obtaining a
949	license or registration.
950	(e) Use or attempt to use a license or registration which
951	has been suspended or revoked.
952	(f) Knowingly employ unlicensed persons in the practice of
953	funeral directing, embalming, or direct disposing.
954	(g) Knowingly conceal information relative to violations
955	of this chapter.
956	(h) Operate an unlicensed cinerator facility.
957	(i) Except as provided for in chapter 497, guarantee the
958	price of goods and services at a future date.
959	(2) Any person who violates the provisions of this section
960	commits a misdemeanor of the second degree, punishable as
961	provided in s. 775.082 or s. 775.083.
962	Section 30. Section 470.0355, Florida Statutes, is amended
963	to read:
964	470.0355 Identification of human remains.--
965	(1) PRIOR TO FINAL DISPOSITION.--
966	(a)(1)The licensee or registrant in charge of the final
967	disposition of dead human remains shall, prior to final
968	disposition of such dead human remains, affix on the ankle or
969	wrist of the deceased, andorin the casket or alternative
970	container or cremation container, proper identification of the
971	dead human remains. The identification or tag shall be encased
972	in or consist of durable and long-lasting material containing
973	the name, date of birth, and date of death, and social security
974	numberof the deceased, if available. If the dead human remains
975	are cremated, proper identification shall be placed in the
976	container or urn containing the remains.
977	(b)(2)Any licensee or registrant responsible for removal
978	of dead human remains to any establishment, facility, or
979	location shall ensure that the remains are identified by a tag
980	or other means of identification that is affixed to the ankle or
981	wrist of the deceased at the time the remains are removed from
982	the place of death or other location.
983	(c)(3)Any licensee or registrant may rely on the
984	representation of a legally authorized person to establish the
985	identity of dead human remains.
986	(2) IN UNLICENSED CEMETERIES.--Effective October 1, 2003,
987	the identification of human remains interred in an unlicensed
988	cemetery shall be the responsibility of the licensed funeral
989	establishment in charge of the funeral arrangements for the
990	deceased person. The licensed funeral establishment in charge of
991	the funeral arrangements for the interment in an unlicensed
992	cemetery of human remains shall place on the outer burial
993	container, cremation internment container, or other container or
994	on the inside of a crypt or niche a tag or permanent identifying
995	mark containing the name of the decedent and the date of death,
996	if available. The materials and locations of the tag or mark
997	shall be more specifically described by the rule of the board.
998	(3) IN LICENSED CEMETERIES.--Effective October 1, 2003,
999	human remains at licensed cemeteries shall be identified as
1000	follows:
1001	(a) Each licensed cemetery shall place on the outer burial
1002	container, cremation interment container, or other container or
1003	on the inside of a crypt or niche a tag or permanent identifying
1004	marker containing the name of the decedent and the date of
1005	death, if available. The materials and the location of the tag
1006	or marker shall be more specifically described by rule of the
1007	board.
1008	(b) Each licensed cemetery may rely entirely on the
1009	identity stated on the burial transit permit or on the
1010	identification supplied by a person licensed under chapter 470
1011	to establish the identity of the dead human remains delivered by
1012	such person for burial and shall not be liable for any
1013	differences between the identity shown on the burial transit
1014	permit or identification and the actual identity of the dead
1015	human remains delivered by such person and buried in the
1016	cemetery.
1017	(4) DIRECT DISPOSAL ESTABLISHMENTS.--Direct disposal
1018	establishments shall establish a system of identification of
1019	human remains received which shall be designed to track the
1020	identity of the remains from the time of receipt until delivery
1021	of the remains to the authorized persons. This is in addition to
1022	the requirements for identification of human remains set forth
1023	in subsection (1). A copy of the identification procedures shall
1024	be available, upon request, to the department and legally
1025	authorized persons.
1026	Section 31. For the purpose of incorporating the amendment
1027	to section 470.031, Florida Statutes, in a reference thereto,
1028	paragraph (a) of subsection (1) of section 470.036, Florida
1029	Statutes, is reenacted to read:
1030	470.036 Disciplinary proceedings.--
1031	(1) The following acts constitute grounds for which the
1032	disciplinary actions in subsection (2) may be taken:
1033	(a) Violation of any provision of s. 455.227(1) or s.
1034	470.031.
1035	Section 32. Section 497.005, Florida Statutes, is amended
1036	to read:
1037	497.005 Definitions.--As used in this chapter:
1038	(1) "At-need solicitation" means any uninvited contact by
1039	a licensee or her or his agent for the purpose of the sale of
1040	burial services or merchandise to the family or next of kin of a
1041	person after her or his death has occurred.
1042	(2) "Bank of belowground crypts" means any construction
1043	unit of belowground crypts which is acceptable to the department
1044	and which a cemetery uses to initiate its belowground crypt
1045	program or to add to existing belowground crypt structures.
1046	(3) "Belowground crypts" consist of interment space in
1047	preplaced chambers, either side by side or multiple depth,
1048	covered by earth and sod and known also as "lawn crypts,"
1049	"westminsters," or "turf-top crypts."
1050	(4) "Board" means the Board of Funeral and Cemetery
1051	Services.
1052	(5) "Burial merchandise," "funeral merchandise," or
1053	"merchandise" means any personal property offered or sold by any
1054	person for use in connection with the final disposition,
1055	memorialization, interment, entombment, or inurnment of human
1056	remains.
1057	(6) "Burial right" means the right to use a grave space,
1058	mausoleum, columbarium, ossuary, or scattering garden for the
1059	interment, entombment, inurnment, or other disposition of human
1060	remains.
1061	(7) "Burial service," "funeral service," or "service"
1062	means any service offered or provided by any person in
1063	connection with the final disposition, memorialization,
1064	interment, entombment, or inurnment of human remains.
1065	(8) "Care and maintenance" means the perpetual process of
1066	keeping a cemetery and its lots, graves, grounds, landscaping,
1067	roads, paths, parking lots, fences, mausoleums, columbaria,
1068	vaults, crypts, utilities, and other improvements, structures,
1069	and embellishments in a well-cared-for and dignified condition,
1070	so that the cemetery does not become a nuisance or place of
1071	reproach and desolation in the community. As specified in the
1072	rules of the board, "care and maintenance" may include, but is
1073	not limited to, any or all of the following activities: mowing
1074	the grass at reasonable intervals; raking and cleaning the grave
1075	spaces and adjacent areas; pruning of shrubs and trees;
1076	suppression of weeds and exotic flora; and maintenance, upkeep,
1077	and repair of drains, water lines, roads, buildings, and other
1078	improvements. "Care and maintenance" may include, but is not
1079	limited to, reasonable overhead expenses necessary for such
1080	purposes, including maintenance of machinery, tools, and
1081	equipment used for such purposes. "Care and maintenance" may
1082	also include repair or restoration of improvements necessary or
1083	desirable as a result of wear, deterioration, accident, damage,
1084	or destruction. "Care and maintenance" does not include expenses
1085	for the construction and development of new grave spaces or
1086	interment structures to be sold to the public.
1087	(9) "Casket" means a rigid container which is designed for
1088	the encasement of human remains,andwhich is usually
1089	constructed of wood or metal, ornamented, and lined with fabric,
1090	and which may or may not be combustible.
1091	(10) "Cemetery" means a place dedicated to and used or
1092	intended to be used for the permanent interment of human
1093	remains. A cemetery may contain land or earth interment;
1094	mausoleum, vault, or crypt interment; a columbarium, ossuary,
1095	scattering garden, or other structure or place used or intended
1096	to be used for the interment or disposition of cremated human
1097	remains; or any combination of one or more of such structures or
1098	places.
1099	(11) "Cemetery company" means any legal entity that owns
1100	or controls cemetery lands or property.
1101	(12) "Certificateholder" or "licensee" means the person or
1102	entity that is authorized under this chapter to sell preneed
1103	funeral or burial services, preneed funeral or burial
1104	merchandise, or burial rights. Each term shall include the
1105	other, as applicable, as the context requires. For the purposes
1106	of chapter 120, all certificateholders, licensees, and
1107	registrants shall be considered licensees.
1108	(13) "Columbarium" means a structure or building which is
1109	substantially exposed above the ground and which is intended to
1110	be used for the inurnment of cremated human remains.
1111	(14) "Common business enterprise" means a group of two or
1112	more business entities that share common ownership in excess of
1113	50 percent.
1114	(15) "Cremation" includes any mechanical or thermal
1115	process whereby a dead human body is reduced to ashes. Cremation
1116	also includes any other mechanical or thermal process whereby
1117	human remains are pulverized, burned, recremated, or otherwise
1118	further reduced in size or quantity.
1119	(16) "Department" means the Department of Banking and
1120	Finance.
1121	(17) "Direct disposer" means any person who is registered
1122	in this state to practice direct disposition pursuant to the
1123	provisions of chapter 470.
1124	(18) "Final disposition" means the final disposal of a
1125	dead human body whether by interment, entombment, burial at sea,
1126	cremation, or any other means and includes, but is not limited
1127	to, any other disposition of remains for which a segregated
1128	charge is imposed.
1129	(19) "Funeral director" means any person licensed in this
1130	state to practice funeral directing pursuant to the provisions
1131	of chapter 470.
1132	(20) "Grave space" means a space of ground in a cemetery
1133	intended to be used for the interment in the ground of human
1134	remains.
1135	(21) "Human remains" means the bodies of deceased persons
1136	and includes bodies in any stage of decomposition and cremated
1137	remains.
1138	(22) "Mausoleum" means a structure or building which is
1139	substantially exposed above the ground and which is intended to
1140	be used for the entombment of human remains.
1141	(23) "Mausoleum section" means any construction unit of a
1142	mausoleum which is acceptable to the department and which a
1143	cemetery uses to initiate its mausoleum program or to add to its
1144	existing mausoleum structures.
1145	(24) "Monument" means any product used for identifying a
1146	grave site and cemetery memorials of all types, including
1147	monuments, markers, and vases.
1148	(25) "Monument establishment" means a facility that
1149	operates independently of a cemetery or funeral establishment
1150	and that offers to sell monuments or monument services to the
1151	public for placement in a cemetery.
1152	(26) "Net assets" means the amount by which the total
1153	assets of a certificateholder, excluding goodwill, franchises,
1154	customer lists, patents, trademarks, and receivables from or
1155	advances to officers, directors, employees, salespersons, and
1156	affiliated companies, exceed total liabilities of the
1157	certificateholder. For purposes of this definition, the term
1158	"total liabilities" does not include the capital stock, paid-in
1159	capital, or retained earnings of the certificateholder.
1160	(27) "Net worth" means total assets minus total
1161	liabilities pursuant to generally accepted accounting
1162	principles.
1163	(28) "Niche" means a compartment or cubicle for the
1164	memorialization or permanent placement of an urn containing
1165	cremated remains.
1166	(29)(28)"Ossuary" means a receptacle used for the
1167	communal placement of cremated human remains without benefit of
1168	an urn or any other container in which remains will be
1169	commingled with other cremated human remains and are
1170	nonrecoverable. It may or may not include memorialization.
1171	(30)(29)"Outer burial container" means an enclosure into
1172	which a casket is placed and includes, but is not limited to,
1173	vaults made of concrete, steel, fiberglass, or copper; sectional
1174	concrete enclosures; crypts; and wooden enclosures.
1175	(31)(30)"Preneed contract" means any arrangement or
1176	method, of which the provider of funeral merchandise or services
1177	has actual knowledge, whereby any person agrees to furnish
1178	funeral merchandise or service in the future.
1179	(32)(31)"Religious institution" means an organization
1180	formed primarily for religious purposes which has qualified for
1181	exemption from federal income tax as an exempt organization
1182	under the provisions of s. 501(c)(3) of the Internal Revenue
1183	Code of 1986, as amended.
1184	(33)(32)"Scattering garden" means a location set aside,
1185	within a cemetery, which is used for the spreading or
1186	broadcasting of cremated remains that have been removed from
1187	their container and can be mixed with or placed on top of the
1188	soil or ground cover or buried in an underground receptacle on a
1189	commingled basis and that are nonrecoverable. It may or may not
1190	include memorialization.
1191	(34)(33)"Servicing agent" means any person acting as an
1192	independent contractor whose fiduciary responsibility is to
1193	assist both the trustee and certificateholder hereunder in
1194	administrating their responsibilities pursuant to this chapter.
1195	(35)(34) "Solicitation" means any communication thatwhich
1196	directly or implicitly requests an immediate oral response from
1197	the recipient.
1198	(36)(35)"Statutory accounting" means generally accepted
1199	accounting principles, except as modified by this chapter.
1200	(37) "Urn" means a receptacle designed to permanently
1201	encase cremated remains.
1202	Section 33. Subsection (3) of section 497.305, Florida
1203	Statutes, is amended to read:
1204	497.305 Cemetery companies; authorized functions.--
1205	(3) A cemetery company may adopt bylaws establishing
1206	minimum standards for burial merchandise or the installation
1207	thereof. Such bylaws shall include minimum standards for access
1208	to install burial merchandise. A cemetery company must comply
1209	with its adopted bylaws.
1210	Section 34. Section 497.306, Florida Statutes, is created
1211	to read:
1212	497.306 Standards for grave spaces.--
1213	(1) A standard adult grave space shall measure at least 42
1214	inches in width and 96 inches in length, except for preinstalled
1215	vaults in designated areas. For interments, except cremated
1216	remains, the covering soil shall measure no less than 12 inches
1217	from the top of the outer burial container, unless such level of
1218	soil is not physically possible. In any interment, the family or
1219	next of kin may waive the 12-inch coverage minimum.
1220	(2)(a) Effective October 1, 2003, and prior to the sale of
1221	grave spaces in any undeveloped areas of a licensed cemetery,
1222	the cemetery company shall prepare a map documenting the
1223	establishment of recoverable internal survey reference markers
1224	installed by the cemetery company no more than 100 feet apart in
1225	the areas planned for development. The internal reference
1226	markers shall be established with reference to survey markers
1227	that are no more than 200 feet apart which have been set by a
1228	surveyor and mapper licensed under chapter 472 and documented in
1229	a certified land survey. Both the map and the certified land
1230	survey shall be maintained by the cemetery company and shall be
1231	made available upon request to the department or members of the
1232	public.
1233	(b) The map of the area proposed to be developed shall
1234	show:
1235	1. The number of grave spaces available for sale.
1236	2. The location of each grave space.
1237	3. The number designation assigned to each grave space.
1238	4. The dimensions of a standard adult grave space.
1239	(3) Adult grave spaces established prior to October 1,
1240	2003, are not required to meet the standards established under
1241	this section for the dimensions or separation of grave spaces.
1242	Section 35. Section 497.307, Florida Statutes, is created
1243	to read:
1244	497.307 Identification of human remains in licensed
1245	cemeteries.--On and after October 1, 2003, human remains
1246	interred, entombed, scattered, or otherwise placed for final
1247	rest at licensed cemeteries shall be identified as follows:
1248	(1) Each licensed cemetery shall place on the outer burial
1249	container, cremation interment container, or other container, or
1250	on the inside of a crypt or niche, a tag or a permanent
1251	identifying marker containing the name of the decedent and the
1252	date of death, if available. The materials and location of the
1253	tag or marker shall be more specifically described by rule of
1254	the board.
1255	(2) Each licensed cemetery may rely entirely on the
1256	identity stated on the burial transit permit or on the
1257	identification supplied by a person licensed under chapter 470
1258	to establish the identity of the dead human remains delivered by
1259	such person for burial and shall not be liable for any
1260	differences between the identity shown on the burial transit
1261	permit or other identification and the actual identity of the
1262	dead human remains delivered by such person and buried in the
1263	cemetery.
1264	Section 36. Subsection (2) of section 497.325, Florida
1265	Statutes, is amended to read:
1266	497.325 Illegal tying arrangements.--
1267	(2)(a) Noncemetery licensed persons and firms shall have
1268	the right to sell monuments and to perform or provide on
1269	cemetery property foundation, preparation, and installation
1270	services for monuments. However, a cemetery company or any other
1271	entity owning and operating a cemeterymay establish reasonable
1272	rules regarding the style and size of a monument or its
1273	foundation, provided such rules are applicable to all monuments
1274	from whatever source obtained and are enforced uniformly as to
1275	all monuments. Such rules shall be conspicuously posted and
1276	readily accessible to inspection and copy by interested persons.
1277	(b) No person who is authorized to sell grave space and no
1278	cemetery company or other entity owning and operating a cemetery
1279	may:
1280	1. Require the payment of a setting or service charge, by
1281	whatever name known, from third party installers for the
1282	placement of a monument;
1283	2. Refuse to provide care or maintenance for any portion
1284	of a gravesite on which a monument has been placed; or
1285	3. Waive liability with respect to damage caused by
1286	cemetery employees or agents to a monument after installation,
1287	where the monument or installation service is not purchased from
1288	the person authorized to sell grave space or the cemetery
1289	company or other legal entityproviding grave space or from or
1290	through any other person or corporation designated by the person
1291	authorized to sell grave space or the cemetery company or other
1292	legal entity providing grave space. ANo cemetery company or
1293	other entity owning and operating a cemetery may notbe held
1294	liable for the improper installation of a monument where the
1295	monument is not installed by the cemetery company or its agents
1296	or by such other entity or its agents.
1297	Section 37. Subsection (9) is added to section 497.333,
1298	Florida Statutes, to read:
1299	497.333 Disclosure of information to public.--A licensee
1300	offering to provide burial rights, merchandise, or services to
1301	the public shall:
1302	(9) Provide to each customer a complete description of any
1303	monument, marker, or memorialization to be placed at the
1304	gravesite.
1305	Section 38. Subsection (5) of section 497.361, Florida
1306	Statutes, is amended and subsections (6) and (7) are added to
1307	said section to read:
1308	497.361 Registration of monument establishments.--
1309	(5) Monuments notshall be delivered within a specified
1310	timeframe shall be considered a breach of contract unless the
1311	monument establishment has a written agreement to extend the
1312	delivery date. The purchaser shall be entitled to a refund of
1313	all money paid for the merchandise. Such refund shall be made
1314	within 30 days after receipt by the monument establishment of
1315	the purchaser's written request for a refund. This subsection
1316	does not preclude the purchase and installation of a new
1317	monument from any other registered monument establishment or
1318	certificateholderas established by this chapter and installed
1319	no later than 120 days after the date of sale. The establishment
1320	may request two 30-day extensions. Extensions may be granted by
1321	the executive director.
1322	(6) All contracts with the public must be approved by the
1323	Department of Financial Services and must provide a complete
1324	description of any monument, marker, or related product to be
1325	delivered.
1326	(7) A certificate of authority may not be transferred or
1327	assigned.
1328	Section 39. Section 497.365, Florida Statutes, is created
1329	to read:
1330	497.365 Regulation of monument establishments.--
1331	(1) The Department of Financial Services shall establish
1332	an inspection program for all monument establishments in
1333	accordance with the requirements of this act.
1334	(2) The Department of Financial Services shall adopt rules
1335	that shall include requirements for the approval of contracts
1336	for memorials and related products, written complaint procedures
1337	and mandatory response to consumer complaints, disclosure to the
1338	public as to the form of ownership, the fingerprinting of
1339	owners, and appropriate recordkeeping.
1340	(3) Nothing in the department's authority or any other
1341	provisions of this act shall unreasonably restrict competition
1342	or permit the restraint of trade and commerce.
1343	Section 40. Section 497.371, Florida Statutes, is created
1344	to read:
1345	497.371 Monument establishment business location.--
1346	(1) A monument establishment shall be a place at a
1347	specific street address or location consisting of an office and
1348	display area for monuments, markers, and related products. The
1349	place where the establishment is located must comply with the
1350	local government zoning regulations and may not be located on
1351	tax-exempt property.
1352	(2) The monument establishment must be a full-service
1353	monument location open to the public during normal business
1354	hours, with facilities to design, inscribe, and install
1355	monuments and related products.
1356	(3) A person may not operate a monument company or install
1357	monuments, markers, and related products in this state unless he
1358	or she is licensed by the Department of Financial Services.
1359	Section 41. Section 497.379, Florida Statutes, is created
1360	to read:
1361	497.379 Licensure of monument establishments to sell
1362	preneed contracts.--A monument establishment, including an
1363	existing registered or unregistered monument establishment, may
1364	not sell a preneed contract without first having obtained a
1365	valid certificate of authority from the Department of Financial
1366	Services. A person may not be issued a certificate of authority
1367	as a monument establishment to sell preneed contracts unless
1368	such person has at least 3 years' experience in the operation
1369	and management of an establishment selling monuments, markers,
1370	and related products.
1371	Section 42. Section 497.385, Florida Statutes, is created
1372	to read:
1373	497.385 Monument establishment; sales
1374	representative.--Each person selling monuments, markers, and
1375	related products for a monument establishment must register with
1376	the board, including any person registered or licensed pursuant
1377	to chapter 470 or this chapter. A person selling monuments,
1378	markers, and related products for a monument establishment that
1379	has been issued a certificate of authority must register as a
1380	preneed agent pursuant to the requirements of this chapter.
1381	Section 43. Section 497.391, Florida Statutes, is created
1382	to read:
1383	497.391 Monument establishment; preneed
1384	contracts.--Effective January 1, 2004, a monument dealer or
1385	establishment may not write a preneed contract unless that
1386	contract has been approved by the board. Any monument dealer or
1387	establishment that is paid, collects, or receives funds under a
1388	preneed contract for services or merchandise shall comply with
1389	the provisions of ss. 497.417 and 497.413.
1390	Section 44. Section 497.395, Florida Statutes, is created
1391	to read:
1392	497.395 Licensed monument establishment; financial
1393	requirements.--
1394	(1) For the purposes of qualifying for a certificate of
1395	authority as a licensed monument establishment must have a
1396	minimum net worth of $10,000. A licensed monument establishment
1397	holding a certificate of authority or a monument establishment
1398	applicant must meet and maintain the requirements of this
1399	section on an annual basis in order to perform its obligation
1400	for all existing preneed contracts.
1401	(2) All licensed monument establishments holding a
1402	Certificate of Authority or an applicant must submit its most
1403	recent year-end financial statements, including a balance sheet
1404	and income statement, with the certificate of authority
1405	application and annually thereafter as provided in s.
1406	497.407(1). The financial statement must be prepared in
1407	accordance with generally accepted accounting principles, as
1408	those principles have been defined by the Florida Board of
1409	Accountancy in the Florida Administrative Code. If the
1410	applicant does not have the minimum net worth as set forth in
1411	subsection (3), lacks sufficient liquid assets to satisfy
1412	current liabilities, or does not appear to have any substantial
1413	long-term assets, the department shall request additional
1414	financial information concerning financial statements and the
1415	statement of cash flow.
1416	(3) For the purposes of this section, the term "total
1417	preneed contracts" means the total retail value of all
1418	outstanding preneed contracts. There shall be an annual fee for
1419	the renewal of the monument establishment certificate of
1420	authority based on the following sales volume for total preneed
1421	contracts:
1422	(a) Five hundred dollars for a certificateholder that has
1423	total sales of $1 to $50,000.
1424	(b) Seven hundred and fifty dollars for a
1425	certificateholder that has total sales of $50,001 to $250,000.
1426	(c) One thousand dollars for a certificateholder that has
1427	total sales of $250,001 to $500,000.
1428	(d) Twelve hundred fifty dollars for a certificateholder
1429	that has total sales in excess of $500,001.
1430	(4) In the case of a monument establishment holding a
1431	certificate of authority or a licensed dealer applicant offering
1432	preneed sales through a subsidiary agent as provided in Rule 3F-
1433	5.0015, Florida Administrative Code, the certificateholder or
1434	applicant must execute a guarantee agreement with respect to any
1435	contract obligations resulting from preneed sales of such a
1436	selling agent.
1437	(5) If the certificateholder or applicant does not meet
1438	the financial requirements in subsection (3), the entity may
1439	voluntarily submit to the board additional evidence or agree to
1440	additional oversight as to meeting the requirements of
1441	subsection (1) as a condition of receiving or retaining a
1442	certificate of authority. Such additional evidence or oversight
1443	shall include, as appropriate:
1444	(a) An agreement to submit monthly financial statements of
1445	the entity;
1446	(b) An agreement to submit quarterly financial statements
1447	of the entity;
1448	(c) An appraisal of the entity's property or broker's
1449	opinion of the entity's assets;
1450	(d) A credit report of the entity or its principal owners;
1451	(e) Subordination-of-debt agreement from the entity's
1452	principal owners;
1453	(f) An indemnification or subrogation agreement binding
1454	the entity and principal owners;
1455	(g) A guarantee agreement for the entity from its
1456	principal owners;
1457	(h) Written explanation of past financial activity;
1458	(i) Submission of the 12-month projected business plan
1459	that includes:
1460	1. A statement of cash flows;
1461	2. Pro forma income statements, with sources of revenues
1462	identified; and
1463	3. Marketing initiatives;
1464	(j) Submission of previous department examination reports;
1465	or
1466	(k) An agreement of 100 percent voluntary trust by the
1467	entity.
1468	Section 45. Subsections (1), (3), and (4) of section
1469	497.405, Florida Statutes, are amended to read:
1470	497.405 Certificate of authority required.--
1471	(1)(a) No person, including any cemetery exempt under s.
1472	497.003, may sell, advertise to sell, or make an arrangement for
1473	a preneed contract without first having a valid certificate of
1474	authority.
1475	(b) No person, including any cemetery exempt under s.
1476	497.003, may sell, advertise to sell, or make an arrangement for
1477	services, merchandise, or burial rights on a preneed basis
1478	unless such person is authorized pursuant to this chapter to
1479	provide such services, merchandise, or burial rights on an at-
1480	need basis.
1481	(3) No person may obtain a certificate of authority under
1482	this chapter for the preneed sale of services unless such person
1483	or its agent, in the case of a corporate entity, holds a license
1484	as a funeral establishment or cemetery company,orregistration
1485	as a direct disposal establishment under chapter 470, or
1486	certification as a monument establishment under chapter 497.
1487	(4) The provisions of this section do not apply to
1488	religious-institution-owned cemeteries exempt under s.
1489	497.003(1)(d), in counties with a population of at least 960,000
1490	persons on July 1, 1996, with respect to the sale to the
1491	religious institution's members and their families of interment
1492	rights, mausoleums, crypts, cremation niches and cremation
1493	interment containers, vaults, liners, urns, memorials, vases,
1494	foundations, memorial bases, floral arrangements, monuments,
1495	markers, engraving, and the opening and closing of interment
1496	rights, mausoleums, crypts, and cremation niches and cremation
1497	interment containers, if such cemeteries have engaged in the
1498	sale of preneed contracts prior to October 1, 1993, and maintain
1499	a positive net worth at the end of each fiscal year of the
1500	cemetery.
1501	Section 46. Subsection (4) of section 497.419, Florida
1502	Statutes, is amended, and subsection (11) is added to said
1503	section, to read:
1504	497.419 Cancellation of, or default on, preneed
1505	contracts.--
1506	(4) Each certificateholder shall provide in conspicuous
1507	type in its contract that the contract purchaser may cancel the
1508	contract and receive a full refund within 30 days afterofthe
1509	date of execution of the contract, except for those amounts
1510	allocable to any burial rights, merchandise, or services that
1511	have been used by the purchaser. The failure to make such
1512	provision shall not impair the contract purchaser's right to
1513	cancellation and refund as provided in this section.
1514	(11) Failure to install a monument within 180 days after
1515	interment shall be considered a breach of contract unless the
1516	certificateholder has a written agreement to extend the
1517	installation date. The purchaser shall be entitled to a refund
1518	of all money paid for the merchandise. Such refund shall be made
1519	within 30 days after receipt by the certificateholder of the
1520	purchaser's written request for a refund. Nothing in this
1521	subsection shall preclude the purchase and installation of a new
1522	monument from any other registered monument establishment or
1523	certificateholder.
1524	Section 47. Subsection (4) of section 497.436, Florida
1525	Statutes, is amended to read:
1526	497.436 Inactive and revoked certificateholders.--
1527	(4) Upon receipt of the notice, in order to protect the
1528	contract purchaser, the board may:
1529	(a)shallReview the certificateholder's:
1530	1.(a)Trust funds.
1531	2.(b)Trust agreements.
1532	3.(c)Evidence of all outstanding preneed contracts.
1533	(b) Perform other procedures the board deems necessary.
1534	Section 48. Except as otherwise provided herein, this act
1535	shall take effect July 1, 2003.