HB 0323 2004
1	A bill to be entitled
2	An act relating to funeral directing, embalming, direct
3	disposition, and cemetery services; amending s. 20.121,
4	F.S.; establishing the Division of Funeral, Cemetery, and
5	Consumer Services and the Board of Funeral, Cemetery, and
6	Consumer Services within the Department of Financial
7	Services; amending s. 20.165, F.S.; abolishing the Board
8	of Funeral Directors and Embalmers within the Department
9	of Business and Professional Regulation; amending s.
10	497.101, F.S.; creating the Board of Funeral, Cemetery,
11	and Consumer Services; providing for the appointment of
12	board members; providing terms of office; providing
13	grounds for removal or suspension of a member; providing
14	immunity from liability for members acting in an official
15	capacity; specifying the headquarters for the board;
16	providing for compensation and reimbursement for per diem
17	expenses; creating s. 497.102, F.S.; providing for the
18	authority of the board; creating s. 497.1021, F.S.;
19	providing duties of the Division of Funeral, Cemetery, and
20	Consumer Services; providing powers of enforcement;
21	creating s. 497.1022, F.S.; establishing the office of the
22	director of the division; providing duties; providing that
23	the director shall also be the executive director of the
24	board; renumbering and amending s. 455.2226, F.S.,
25	relating to instruction on HIV and AIDS for funeral
26	directors and embalmers; conforming references and
27	terminology; amending s. 497.105, F.S.; removing duty of
28	the department to appoint the executive director of the
29	board, to conform; providing duties of the Chief Financial
30	Officer under ch. 470, F.S.; providing for type two
31	transfer of the Board of Funeral Directors and Embalmers
32	and the Board of Funeral and Cemetery Services to the
33	Board of Funeral, Cemetery, and Consumer Services within
34	the Department of Financial Services; providing for
35	validity of judicial and administrative actions; providing
36	for validity of licenses; providing for continuity of
37	rules; abolishing the Board of Funeral and Cemetery
38	Services and the Board of Funeral Directors and Embalmers;
39	repealing ss. 470.003, 497.107, and 497.109, F.S.,
40	relating to the Board of Funeral Directors and Embalmers
41	and the Board of Funeral and Cemetery Services, to
42	conform; creating s. 470.0365, F.S.; providing for
43	disposition of fees and penalties collected pursuant to
44	ch. 470, F.S.; providing for conforming of statutes;
45	amending s. 470.002, F.S.; revising and providing
46	definitions applicable to regulation of funeral directing,
47	embalming, and direct disposition; amending s. 470.0085,
48	F.S.; extending the embalmer apprentice period; amending
49	s. 470.015, F.S.; conforming a reference; amending s.
50	470.018, F.S.; increasing continuing education
51	requirements for direct disposers; conforming a reference;
52	amending s. 470.021, F.S.; providing additional
53	requirements to be a direct disposal establishment;
54	providing inspection requirements and criteria; amending
55	s. 470.024, F.S.; revising requirements to be a funeral
56	establishment; amending s. 470.025, F.S.; revising
57	cremation requirements for cinerator facilities relating
58	to simultaneous cremations, body parts, cremation
59	containers, and the cremation chamber; providing exemption
60	from liability for unintentional or incidental commingling
61	of remains under certain conditions; amending s. 470.0255,
62	F.S.; providing for cremation of parts of human bodies
63	incidental to final disposition; amending s. 470.028,
64	F.S.; providing for control and supervision of preneed
65	agents; amending s. 470.029, F.S.; extending the filing
66	time for reports of bodies embalmed or handled; amending
67	s. 470.031, F.S.; prohibiting any guarantee on the future
68	price of any goods or services; providing penalties;
69	amending s. 470.0355, F.S.; revising requirements for
70	identification of human remains prior to final
71	disposition; providing requirements for identification of
72	human remains in unlicensed and licensed cemeteries and by
73	direct disposal establishments; reenacting s.
74	470.036(1)(a), F.S., relating to disciplinary proceedings,
75	to incorporate the amendment to s. 470.031, F.S., in a
76	reference thereto; amending s. 497.005, F.S.; revising and
77	providing definitions applicable to regulation of funeral
78	and cemetery services; amending s. 497.305, F.S.;
79	requiring cemetery company bylaws to include minimum
80	standards for access to install burial merchandise;
81	requiring that a cemetery company comply with its adopted
82	bylaws; creating s. 497.306, F.S.; providing dimension and
83	spacing standards for grave spaces; requiring a map of
84	reference markers and a land survey for areas proposed to
85	be developed by a licensed cemetery company; exempting
86	adult grave spaces previously established; creating s.
87	497.307, F.S.; providing requirements for identification
88	of human remains in licensed cemeteries; amending s.
89	497.325, F.S., relating to illegal tying arrangements;
90	providing for procedures established by other entities
91	operating a cemetery regarding monuments; amending s.
92	497.333, F.S.; providing for disclosure to customers of
93	information relating to placement of monuments, markers,
94	or memorializations at gravesites; amending s. 497.361,
95	F.S., relating to registration of monument establishments;
96	specifying conditions constituting breach of contract and
97	providing for refunds; requiring departmental approval of
98	contracts; creating s. 497.365, F.S.; providing for
99	regulation of monument establishments; providing for
100	inspections; providing for rules; providing that the
101	department may not unreasonably restrict commerce;
102	creating s. 497.371, F.S.; providing requirements for
103	monument establishment business locations; creating s.
104	497.379, F.S.; requiring monument establishments selling
105	preneed contracts to obtain a certificate of authority and
106	providing requirements therefor; prohibiting transfer or
107	assignment of a certificate of authority; creating s.
108	497.385, F.S.; requiring registration of sales
109	representatives of monument establishments; creating s.
110	497.391, F.S.; requiring board approval of preneed
111	contracts by monument dealers or monument establishments;
112	creating s. 497.395, F.S.; providing financial
113	requirements for monument establishments; providing
114	requirements for minimum net worth; providing for
115	submission of financial statements; providing for annual
116	fees based on sales volume with respect to preneed
117	contracts; providing for guarantee agreements; providing
118	for additional oversight in lieu of financial
119	requirements; amending s. 497.405, F.S.; prohibiting any
120	person from advertising for sale or making any arrangement
121	for a preneed contract without having a valid certificate
122	of authority; expanding the exemption from the required
123	certificate of authority for certain religious-
124	institution-owned cemeteries to include the sale and
125	opening or closing of cremation interment containers to
126	members and family members of the religious institution;
127	amending s. 497.419, F.S.; requiring preneed contracts to
128	include in the refund notice the exclusion for amounts
129	allocable to burial rights, merchandise, and services used
130	by the purchaser; providing condition for breach of
131	contract by certificateholder and for rights of purchaser;
132	amending s. 497.436, F.S.; authorizing the board to review
133	the trust funds, trust agreements, and outstanding preneed
134	contracts of, and perform other procedures at its
135	discretion with respect to, a certificateholder filing
136	notice to become inactive; providing effective dates.
137
138	Be It Enacted by the Legislature of the State of Florida:
139
140	Section 1. Paragraph (n) is added to subsection (2) of
141	section 20.121, Florida Statutes, subsection (4) is renumbered
142	as subsection (5), and a new subsection (4) is added to said
143	section, to read:
144	20.121 Department of Financial Services.--There is created
145	a Department of Financial Services.
146	(2) DIVISIONS.--The Department of Financial Services shall
147	consist of the following divisions:
148	(n) The Division of Funeral, Cemetery, and Consumer
149	Services.
150	(4) BOARD OF FUNERAL, CEMETERY, AND CONSUMER
151	SERVICES.--There is created within the Department of Financial
152	Services the Board of Funeral, Cemetery, and Consumer Services.
153	Section 2. Paragraph (a) of subsection (4) of section
154	20.165, Florida Statutes, is amended to read:
155	20.165 Department of Business and Professional
156	Regulation.--There is created a Department of Business and
157	Professional Regulation.
158	(4)(a) The following boards are established within the
159	Division of Professions:
160	1. Board of Architecture and Interior Design, created
161	under part I of chapter 481.
162	2. Florida Board of Auctioneers, created under part VI of
163	chapter 468.
164	3. Barbers' Board, created under chapter 476.
165	4. Florida Building Code Administrators and Inspectors
166	Board, created under part XII of chapter 468.
167	5. Construction Industry Licensing Board, created under
168	part I of chapter 489.
169	6. Board of Cosmetology, created under chapter 477.
170	7. Electrical Contractors' Licensing Board, created under
171	part II of chapter 489.
172	8. Board of Employee Leasing Companies, created under part
173	XI of chapter 468.
174	9. Board of Funeral Directors and Embalmers, created under
175	chapter 470.
176	9.10.Board of Landscape Architecture, created under part
177	II of chapter 481.
178	10.11.Board of Pilot Commissioners, created under chapter
179	310.
180	11.12.Board of Professional Engineers, created under
181	chapter 471.
182	12.13.Board of Professional Geologists, created under
183	chapter 492.
184	13.14.Board of Professional Surveyors and Mappers,
185	created under chapter 472.
186	14.15.Board of Veterinary Medicine, created under chapter
187	474.
188	Section 3. Section 497.101, Florida Statutes, is amended
189	to read:
190	(Substantial rewording of section. See
191	s. 497.101, F.S., for present text.)
192	497.101 Board of Funeral, Cemetery, and Consumer Services;
193	membership; appointment; terms.--
194	(1) The Board of Funeral, Cemetery, and Consumer Services
195	is created within the Department of Financial Services and shall
196	consist of 10 members, nine of whom shall be appointed by the
197	Governor from nominations made by the Chief Financial Officer
198	and confirmed by the Senate. The Chief Financial Officer shall
199	nominate three persons for each of the nine vacancies on the
200	board, and the Governor shall fill each vacancy on the board by
201	appointing one of the three persons nominated by the Chief
202	Financial Officer to fill that vacancy. If the Governor objects
203	to each of the three nominations for a vacancy, she or he shall
204	inform the Chief Financial Officer in writing. Upon notification
205	of an objection by the Governor, the Chief Financial Officer
206	shall submit three additional nominations for that vacancy until
207	the vacancy is filled. One member must be the State Health
208	Officer or her or his designee.
209	(2) Two members of the board must be funeral directors
210	licensed under chapter 470 who are associated with a funeral
211	establishment. One member of the board must be a funeral
212	director licensed under chapter 470 who is associated with a
213	funeral establishment licensed pursuant to chapter 470 which has
214	a valid certificate of authority issued pursuant to this chapter
215	and who owns or operates a cinerator facility approved pursuant
216	to chapters 403 and 470. Two members of the board must be
217	persons whose primary occupation is associated with a cemetery
218	company licensed pursuant to this chapter. Three members of the
219	board must be consumers who are residents of the state who have
220	never been licensed as funeral directors or embalmers and not
221	connected with a cemetery or cemetery company licensed pursuant
222	to this chapter, the death care industry, or the practice of
223	embalming, funeral directing, or direct disposition. One of the
224	consumer members must be at least 60 years of age or older and
225	one must be licensed as a certified public accountant pursuant
226	to chapter 473. One member of the board must be a monument
227	dealer licensed under this chapter. One member must be the State
228	Health Officer or her or his designee.
229	(3) Board members shall be appointed for terms of 4 years
230	and the State Health Officer shall serve as long as that person
231	holds that office. The designee of the State Health Officer
232	shall serve at the pleasure of the Governor. When the terms of
233	the initial board members expire, the Chief Financial Officer
234	shall stagger the terms of the successor members as follows: one
235	funeral director, one cemetery representative, the monument
236	dealer, and one consumer member shall be appointed for terms of
237	2 years, and the remaining members shall be appointed for terms
238	of 4 years. All subsequent terms shall be for 4 years.
239	(4) The Governor may suspend or remove any board member
240	for malfeasance or misfeasance, neglect of duty, incompetence,
241	substantial inability to perform official duties, commission of
242	a crime, or other substantial cause as determined by the
243	Governor to evidence a lack of fitness to sit on the board. A
244	board member shall be deemed to have resigned her or his board
245	membership, and that position shall be deemed vacant, upon the
246	failure of the member to attend three consecutive meetings of
247	the board or at least half of the meetings of the board during
248	any 12-month period, unless the Chief Financial Officer
249	determines that there was good and adequate justification for
250	the absences and that such absences are not likely to continue.
251	(5) A current or former board member and a person serving
252	on the board's probable cause panels are exempt from any civil
253	liability for any act or omission when acting in good faith in
254	her or his official capacity, and the Department of Legal
255	Affairs and the Division of Risk Management shall defend such
256	board member in any civil action against such person arising
257	from any such act or omission.
258	(6) The headquarters and records of the board shall be in
259	the Division of Funeral, Cemetery, and Consumer Services of the
260	Department of Financial Services in Tallahassee. The Chief
261	Financial Officer shall annually appoint from among the board
262	members a chairperson and vice chairperson of the board. The
263	board shall meet at least every 6 months, and more often as it
264	deems necessary. Special meetings of the board shall be convened
265	upon the direction of the Chief Financial Officer. A quorum is
266	necessary for the conduct of business by the board. Unless
267	otherwise provided by law, six board members other than the
268	board's executive director shall constitute a quorum for the
269	conduct of the board's business.
270	(7) A board member shall be compensated $50 for each day
271	the member attends an official meeting and each day the member
272	participates at the request of the board's executive director in
273	any other business involving the board. To the extent authorized
274	by the s. 112.061, a board member is entitled to reimbursement
275	for expenses incurred in connection with official duties. Out-
276	of-state travel by board members on official business shall in
277	each specific instance require the advance approval of the
278	board's executive director in order for the travel to be
279	eligible for reimbursement of expenses.
280	Section 4. Section 497.102, Florida Statutes, is created
281	to read:
282	497.102 Authority of the board.--
283	(1) The board shall enforce and administer the provisions
284	of chapter 470 and this chapter. Notwithstanding s. 455.017, the
285	board shall administer those powers, duties, and functions in
286	chapter 455 which are necessary to enforce the provisions of
287	chapter 470.
288	(2) For purposes of enforcement of chapter 455 regarding
289	chapter 470, on and after July 1, 2004, references in chapter
290	455 to the Department of Business and Professional Regulation or
291	the secretary of that department shall be read as referring to
292	the Department of Financial Services or the Chief Financial
293	Officer, as the context may indicate to be appropriate.
294	(3) The Department of Financial Services shall not adopt
295	any rule or publish any notice of proposed rule development as
296	provided in ss. 120.536-120.551 which affects the provisions of
297	chapter 455, chapter 470, or this chapter without first
298	presenting the rule or rules proposed for development to the
299	board for its review and recommendation, if any. This subsection
300	does not apply to emergency rulemaking under s. 120.54(4).
301	Section 5. Section 497.1021, Florida Statutes, is created
302	to read:
303	497.1021 Division of Funeral, Cemetery, and Consumer
304	Services; duties; oversight and enforcement.--
305	(1) There is created within the Department of Financial
306	Services the Division of Funeral, Cemetery, and Consumer
307	Services. The division shall enforce the provisions of chapter
308	470 and this chapter and perform such other acts as may be
309	necessary to carry out the provisions of chapter 470 and this
310	chapter.
311	(2) The division shall provide all services concerning
312	chapter 470 and this chapter, including, but not limited to,
313	recordkeeping, examination, legal, and investigative services.
314	Those services in chapter 455 necessary to perform the duties of
315	chapter 470 shall be provided by the division.
316	(3) Funds received as a result of settlements with
317	regulated entities and persons may be used by the division for
318	contracting for the training of auditors and the conduct of
319	examinations in order to enhance oversight and enforcement of
320	laws and regulations governing the activities of licensees.
321	Section 6. Section 497.1022, Florida Statutes, is created
322	to read:
323	497.1022 Director of the Division of Funeral, Cemetery,
324	and Consumer Services.--
325	(1) The office of the Director of the Division of Funeral,
326	Cemetery, and Consumer Services is created. The director is the
327	agency head of the division. The director shall be appointed by
328	the Chief Financial Officer and shall serve at the pleasure of
329	the Chief Financial Officer.
330	(2) The director shall be responsible for preparation of
331	the board agenda, presentation of division staff
332	recommendations, and reports of the activities of the division
333	to the board and shall serve as the executive director of the
334	board and perform such other duties as may be assigned by the
335	Chief Financial Officer.
336	Section 7. Section 455.2226, Florida Statutes, is
337	renumbered as section 470.0145, Florida Statutes, and amended to
338	read:
339	470.0145 455.2226Funeral directors and embalmers;
340	instruction on HIV and AIDS.--
341	(1) The Board of Funeral, Cemetery, and Consumer Services
342	Funeral Directors and Embalmersshall require each person
343	licensed or registered certified under this chapter 470to
344	complete a continuing educational course, approved by the board,
345	on human immunodeficiency virus and acquired immune deficiency
346	syndrome as part of biennial relicensure or reregistration
347	recertification. The course shall consist of education on the
348	modes of transmission, infection control procedures, clinical
349	management, and prevention of human immunodeficiency virus and
350	acquired immune deficiency syndrome. Such course shall include
351	information on current Florida law on acquired immune deficiency
352	syndrome and its impact on testing, confidentiality of test
353	results, and treatment of patients.
354	(2) Each such licensee or registrant certificateholder
355	shall submit confirmation of having completed said course, on a
356	form as provided by the board, when submitting fees for each
357	biennial renewal.
358	(3) The board shall have the authority to approve
359	additional equivalent courses that may be used to satisfy the
360	requirements in subsection (1) and . Each licensing board that
361	requires a licensee to complete an educational course pursuant
362	to this sectionmay count the hours required for completion of
363	the course included in the total continuing educational
364	requirements as required by law.
365	(4) Any person holding two or more licenses or
366	registrationssubject to the provisions of this section shall be
367	permitted to show proof of having taken one board-approved
368	course on human immunodeficiency virus and acquired immune
369	deficiency syndrome, for purposes of relicensure or
370	recertification for additional licenses or registrations.
371	(5) Failure to comply with the above requirements shall
372	constitute grounds for disciplinary action under each respective
373	licensing chapter and s. 470.036 455.227(1)(e). In addition to
374	discipline by the board, the licensee shall be required to
375	complete said course.
376	(6) The board shall require as a condition of granting a
377	license or registration under this chapter the chapters
378	specified in subsection (1)that an applicant making initial
379	application for licensure or registrationcomplete an
380	educational course acceptable to the board on human
381	immunodeficiency virus and acquired immune deficiency syndrome.
382	An applicant who has not taken a course at the time of licensure
383	or registrationshall, upon an affidavit showing good cause, be
384	allowed 6 months to complete this requirement.
385	(7) The board shall have the authority to adopt rules to
386	carry out the provisions of this section.
387	(8) The board shall report to the Legislature by March 1
388	of each year as to the implementation and compliance with the
389	requirements of this section.
390	Section 8. Section 497.105, Florida Statutes, is amended
391	to read:
392	497.105 Department; powers and duties.--The department
393	shall:
394	(1) Adopt rules establishing procedures for the renewal of
395	licenses, registrations, and certificates of authority.
396	(2) Appoint the executive director of the Board of Funeral
397	and Cemetery Services, subject to the approval of the board.
398	(2)(3)With the advice of the board, submit a biennial
399	budget to the Legislature at a time and in the manner provided
400	by law.
401	(3)(4)Develop a training program for persons newly
402	appointed to membership on the board. The program shall
403	familiarize such persons with the substantive and procedural
404	laws and rules which relate to the regulation under this chapter
405	and with the structure of the department.
406	(4)(5)Adopt rules pursuant to ss. 120.536(1) and 120.54
407	to implement the provisions of this chapter conferring duties
408	upon it.
409	(5)(6)Establish by rule procedures by which the
410	department shall use the expert or technical advice of the
411	board, for the purposes of investigation, inspection, audit,
412	evaluation of applications, other duties of the department, or
413	any other areas the department may deem appropriate.
414	(6)(7)Require all proceedings of the board or panels
415	thereof within the department and all formal or informal
416	proceedings conducted by the department, an administrative law
417	judge, or a hearing officer with respect to licensing,
418	registration, certification, or discipline to be electronically
419	recorded in a manner sufficient to ensure the accurate
420	transcription of all matters so recorded.
421	(7)(8)Select only those investigators approved by the
422	board. Such investigators shall report to and work in
423	coordination with the executive director of the board and are
424	responsible for all inspections and investigations other than
425	financial examinations.
426	Section 9. All duties performed by the Secretary of
427	Business and Professional Regulation under chapter 470, Florida
428	Statutes, shall be performed by the Chief Financial Officer
429	under the provisions of this act and may be delegated by the
430	Chief Financial Officer to the Director of the Division of the
431	Funeral, Cemetery, and Consumer Services.
432	Section 10. (1)(a) All of the statutory powers, duties,
433	and functions, records, personnel, property, and unexpended
434	balances of appropriations, allocations, or other funds for the
435	administration of chapter 470, Florida Statutes, related to the
436	Board of Funeral Directors and Embalmers shall be transferred by
437	a type two transfer, as defined in s. 20.06(2), Florida
438	Statutes, from the Department of Business and Professional
439	Regulation to the Board of Funeral, Cemetery, and Consumer
440	Services within the Department of Financial Services.
441	(b) The transfer of regulatory authority over chapter 470,
442	Florida Statutes, provided by this act shall not affect the
443	validity of any judicial or administrative action involving the
444	Board of Funeral Directors and Embalmers or the Department of
445	Business and Professional Regulation pending on June 30, 2004,
446	and the Department of Financial Services or the Board of
447	Funeral, Cemetery, and Consumer Services shall be substituted as
448	a party in interest in any such action.
449	(c) Notwithstanding the transfer of regulatory authority
450	over chapter 470, Florida Statutes, provided by this act, all
451	licenses and registrations issued pursuant to chapter 470,
452	Florida Statutes, that are valid on June 30, 2004, shall remain
453	in effect subject to the provisions of chapters 470 and 455,
454	Florida Statutes.
455	(d) The rules of the Board of Funeral Directors and
456	Embalmers and the Department of Business and Professional
457	Regulation which were in effect on midnight, June 30, 2004,
458	shall become the rules of the Department of Financial Services
459	as is appropriate to the corresponding regulatory function and
460	shall remain in effect until specifically amended or repealed in
461	the manner provided by law.
462	(2)(a) All of the statutory powers, duties, and functions,
463	records, personnel, property, and unexpended balances of
464	appropriations, allocations, or other funds for the
465	administration of chapter 497, Florida Statutes, related to the
466	Board of Funeral and Cemetery Services shall be transferred by a
467	type two transfer, as defined in s. 20.06(2), Florida Statutes,
468	to the Board of Funeral, Cemetery, and Consumer Services within
469	the Department of Financial Services.
470	(b) The transfer of regulatory authority over chapter 497,
471	Florida Statutes, provided by this act shall not affect the
472	validity of any judicial or administrative action involving the
473	Board of Funeral and Cemetery Services pending on June 30, 2004,
474	and the Board of Funeral, Cemetery, and Consumer Services shall
475	be substituted as a party in interest in any such action.
476	(c) Notwithstanding the transfer of regulatory authority
477	over chapter 497, Florida Statutes, provided by this act, all
478	licenses and registrations issued pursuant to chapter 497,
479	Florida Statutes, which are valid on June 30, 2004, shall remain
480	in effect subject to the provisions of chapter 497, Florida
481	Statutes.
482	(d) The rules of the Board of Funeral and Cemetery
483	Services which were in effect on midnight, June 30, 2004, shall
484	become the rules of the Board of Funeral, Cemetery, and Consumer
485	Services and shall remain in effect until specifically amended
486	or repealed in the manner provided by law.
487	Section 11. Effective midnight June 30, 2004, the Board of
488	Funeral and Cemetery Services and the Board of Funeral Directors
489	and Embalmers are abolished.
490	Section 12. Sections 470.003, 497.107, and 497.109,
491	Florida Statutes, are repealed.
492	Section 13. Section 470.0365, Florida Statutes, is created
493	to read:
494	470.0365 Disposition of fees and penalties.--All fees and
495	penalties collected pursuant to this chapter shall be deposited
496	in the Regulatory Trust Fund of the department.
497	Section 14. The Legislature recognizes that there is a
498	need to conform the Florida Statutes to the policy decisions
499	reflected in the provisions of this act. The Division of
500	Statutory Revision is directed to provide the relevant
501	substantive committees of the Senate and the House of
502	Representatives with assistance, upon request, to enable such
503	committees to prepare draft legislation to conform the Florida
504	Statutes to the provisions of this act.
505	Section 15. Section 470.002, Florida Statutes, is amended
506	to read:
507	470.002 Definitions.--As used in this chapter:
508	(1)(15)"Alternative container" means a nonmetal
509	receptacle or enclosure which is less expensive than a casket
510	and of sufficient strength to be used to hold and transport a
511	dead human body.
512	(2)(22)"At-need solicitation" means any uninvited contact
513	by a funeral director or direct disposer for the purpose of the
514	sale of funeral services or merchandise to the family or next of
515	kin of a person after that person has died.
516	(3)(2) "Board" means the Board of Funeral, Cemetery, and
517	Consumer Services Funeral Directors and Embalmers.
518	(4) "Body parts" means:
519	(a) Limbs or other portions of the anatomy that are
520	removed from a person or human remains for medical purposes
521	during treatment, surgery, biopsy, autopsy, or medical research;
522	or
523	(b) Human bodies or any portions of human bodies which
524	have been donated to science for medical research purposes.
525	(5)(16)"Casket" means a rigid container which is designed
526	for the encasement of human remains for burial, andwhich is
527	usually constructed of wood or metal, ornamented, and lined with
528	fabric, and which may or may not be combustible.
529	(6)(27)"Centralized embalming facility" means a facility,
530	not physically connected with a funeral establishment, in which
531	embalming takes place.
532	(7)(14)"Cinerator" means a facility where dead human
533	bodies are reduced to a residue, including bone fragments, by
534	direct flame, also known as "cremation," or by intense heat,
535	also known as "calcination."
536	(8) "Closed container" means any container in which
537	cremated remains can be placed and closed in a manner so as to
538	prevent leakage or spillage of the remains.
539	(9) "Cremated remains" means all the remains of the human
540	body recovered after the completion of the cremation process,
541	including processing or pulverization which leaves only bone
542	fragments reduced to unidentifiable dimensions and may include
543	the residue of any foreign matter, including casket material,
544	bridgework, or eyeglasses that were cremated with the human
545	remains.
546	(10)(24) "Cremation" means the technical process, using
547	direct flame and heat or chemical means, that reduces human
548	remains to bone fragments through heat and evaporation.
549	Cremation includes the processing and usually includes the
550	pulverization of the bone fragments includes any mechanical or
551	thermal process whereby a dead human body is reduced to ashes
552	and bone fragments. Cremation also includes any other mechanical
553	or thermal process whereby human remains are pulverized, burned,
554	recremated, or otherwise further reduced in size or quantity.
555	(11) "Cremation chamber" means the enclosed space within
556	which the cremation process takes place. Cremation chambers
557	covered by these procedures must be used exclusively for the
558	cremation of human remains.
559	(12) "Cremation container" means the container in which
560	the human remains are transported to and placed in the cremation
561	chamber for a cremation. A cremation container should meet
562	substantially all of the following standards:
563	(a) Be composed of readily combustible materials suitable
564	for cremation.
565	(b) Be able to be closed in order to provide a complete
566	covering for the human remains.
567	(c) Be resistant to leakage or spillage.
568	(d) Be rigid enough to be handled with ease.
569	(e) Be able to provide protection for the health, safety,
570	and personal integrity of crematory personnel.
571	(13) "Cremation interment container" means a rigid outer
572	container that, subject to a cemetery's rules and regulations,
573	is composed of concrete, steel, fiberglass, or some similar
574	material in which an urn is placed prior to being interred in
575	the ground and that is designed to support the earth above the
576	urn.
577	(14)(1) "Department" means the Department of Financial
578	Services Business and Professional Regulation.
579	(15)(8)"Direct disposal establishment" means a facility
580	registered under this chapter where a direct disposer practices
581	direct disposition.
582	(16)(9)"Direct disposer" means any person registered
583	under this chapter to practice direct disposition in this state.
584	(17)(28)"Disinterment" means removal of a dead human body
585	from earth interment or aboveground interment.
586	(18)(5)"Embalmer" means any person licensed under this
587	chapter to practice embalming in this state.
588	(19)(11)"Final disposition" means the final disposal of a
589	dead human body by earth interment, aboveground interment,
590	cremation, burial at sea, or delivery to a medical institution
591	for lawful dissection if the medical institution assumes
592	responsibility for disposal. "Final disposition" does not
593	include the disposal or distribution of ashes and residue of
594	cremated human remains.
595	(20)(13)"Funeral" or "funeral service" means the
596	observances, services, or ceremonies held to commemorate the
597	life of a specific deceased human being, and at which the human
598	remains are present.
599	(21)(3)"Funeral director" means any person licensed under
600	this chapter to practice funeral directing in this state.
601	(22)(7)"Funeral establishment" means a facility licensed
602	under this chapter where a funeral director or embalmer
603	practices funeral directing or embalming.
604	(23)(12)"Funeral merchandise" or "merchandise" means any
605	merchandise commonly sold in connection with the funeral, final
606	disposition, or memorialization of human remains, including, but
607	not limited to, caskets, outer burial containers, alternative
608	containers, cremation containers, cremation interment
609	containers,urns, monuments, private mausoleums, flowers,
610	shrubs, benches, vases, acknowledgment cards, register books,
611	memory folders, prayer cards, and clothing.
612	(24)(23)"Human remains" or "remains," "dead human body"
613	or "dead human bodies," means the body of a deceased human
614	person for which a death certificate or fetal death certificate
615	is required under chapter 382 and includes the body in any stage
616	of decomposition and the residue of cremated human bodies.
617	(25)(18)"Legally authorized person" means, in the
618	priority listed, the decedent, when written inter vivos
619	authorizations and directions are provided by the decedent, the
620	surviving spouse, unless the spouse has been arrested for
621	committing against the deceased an act of domestic violence as
622	defined in s. 741.28 that resulted in or contributed to the
623	death of the deceased, a son or daughter who is 18 years of age
624	or older, a parent, a brother or sister 18 years of age or over,
625	a grandchild who is 18 years of age or older, or a grandparent;
626	or any person in the next degree of kinship. In addition, the
627	term may include, if no family exists or is available, the
628	following: the guardian of the dead person at the time of death;
629	the personal representative of the deceased; the attorney in
630	fact of the dead person at the time of death; the health
631	surrogate of the dead person at the time of death; a public
632	health officer; the medical examiner, county commission or
633	administrator acting under part II of chapter 406, or other
634	public administrator; a representative of a nursing home or
635	other health care institution in charge of final disposition; or
636	a friend or other person not listed in this subsection who is
637	willing to assume the responsibility as authorized person. When
638	there is a person in any priority class listed in this
639	subsection, the funeral establishment shall rely upon the
640	authorization of any one legally authorized person of that class
641	if that individual represents that he or she is not aware of any
642	objection to the cremation of the deceased's human remains by
643	others in the same class of the person making the representation
644	or of any person in a higher priority class.
645	(26) "Niche" means a compartment or cubicle for the
646	memorialization or permanent placement of a container or urn
647	containing cremated remains.
648	(27)(19)"Outer burial container" means an enclosure into
649	which a casket is placed, including, but not limited to, a vault
650	made of concrete, steel, fiberglass, or copper, a sectional
651	concrete enclosure, a crypt, or a wooden enclosure.
652	(28)(20)"Personal residence" means any residential
653	building in which one temporarily or permanently maintains his
654	or her abode, including, but not limited to, an apartment or a
655	hotel, motel, nursing home, convalescent home, home for the
656	aged, or a public or private institution.
657	(29)(10)"Practice of direct disposition" means the
658	cremation of human remains without preparation of the human
659	remains by embalming and without any attendant services or rites
660	such as funeral or graveside services or the making of
661	arrangements for such final disposition.
662	(30)(6)"Practice of embalming" means disinfecting or
663	preserving or attempting to disinfect or preserve dead human
664	bodies by replacing certain body fluids with preserving and
665	disinfecting chemicals.
666	(31)(4)"Practice of funeral directing" means the
667	performance by a licensed funeral director of any of those
668	functions authorized by s. 470.0087.
669	(32)(21)"Preneed sales agent" means any person who is
670	registered under chapter 497 to sell preneed burial or funeral
671	service and merchandise contracts or direct disposition
672	contracts in this state.
673	(33) "Processing" means the reduction of identifiable bone
674	fragments after the completion of the cremation process to
675	unidentifiable bone fragments by manual means.
676	(34) "Pulverization" means the reduction of identifiable
677	bone fragments after the completion of the cremation and
678	processing to granulated particles by manual or mechanical
679	means.
680	(35)(25)"Refrigeration facility" means a facility that is
681	not physically connected with a funeral establishment, crematory
682	or direct disposal establishment, that maintains space and
683	equipment for the storage and refrigeration of dead human
684	bodies, and that offers its service to funeral directors and
685	funeral establishments for a fee.
686	(36)(26)"Removal service" means any service that operates
687	independently of a funeral establishment, that handles the
688	initial removal of dead human bodies, and that offers its
689	service to funeral establishments and direct disposal
690	establishments for a fee.
691	(37)(17)"Solicitation" means any communication which
692	directly or implicitly requests an immediate oral response from
693	the recipient.
694	(38) "Temporary container" means a receptacle for cremated
695	remains usually made of cardboard, plastic, or similar material
696	designated to hold the cremated remains until an urn or other
697	permanent container is acquired.
698	(39) "Urn" means a receptacle designed to permanently
699	encase cremated remains.
700	Section 16. Section 470.0085, Florida Statutes, is amended
701	to read:
702	470.0085 Establishment of embalmer apprentice
703	program.--The board may adopt rules establishing an embalmer
704	apprentice program. An embalmer apprentice may perform only
705	those tasks, functions, and duties relating to embalming which
706	are performed under the direct supervision of a licensed
707	embalmer. An embalmer apprentice shall be eligible to serve in
708	an apprentice capacity for a period not to exceed 3 years 1 year
709	as may be determined by board rule or for a period not to exceed
710	5 3years if the apprentice is enrolled in and attending a
711	course in mortuary science or funeral service education at any
712	mortuary college or funeral service education college or school.
713	An embalmer apprentice shall be registered with the board upon
714	payment of a registration fee not to exceed $50.
715	Section 17. Subsection (1) of section 470.015, Florida
716	Statutes, is amended to read:
717	470.015 Renewal of funeral director and embalmer
718	licenses.--
719	(1) The department shall renew a funeral director or
720	embalmer license upon receipt of the renewal application and fee
721	set by the board not to exceed $250. The board may prescribe by
722	rule continuing education requirements of up to 12 classroom
723	hours and may by rule establish criteria for accepting
724	alternative nonclassroom continuing education on an hour-for-
725	hour basis, in addition to a board-approved course on
726	communicable diseases that includes the course on human
727	immunodeficiency virus and acquired immune deficiency syndrome
728	required by s. 470.0145 455.2226, for the renewal of a funeral
729	director or embalmer license. The board may provide for the
730	waiver of continuing education requirements in circumstances
731	that would justify the waiver, such as hardship, disability, or
732	illness. The continuing education requirement is not required
733	after July 1, 1996, for a licensee who is over the age of 75
734	years if the licensee does not qualify as the sole person in
735	charge of an establishment or facility.
736	Section 18. Subsection (2) of section 470.018, Florida
737	Statutes, is amended to read:
738	470.018 Renewal of registration of direct disposer.--
739	(2) The department shall adopt rules establishing a
740	procedure for the biennial renewal of registrations. The board
741	shall prescribe by rule continuing education requirements of up
742	to 6 3classroom hours and may by rule establish criteria for
743	accepting alternative nonclassroom continuing education on an
744	hour-for-hour basis, in addition to a board-approved course on
745	communicable diseases that includes the course on human
746	immunodeficiency virus and acquired immune deficiency syndrome
747	required by s. 470.0145 455.2226, for the renewal of a
748	registration.
749	Section 19. Subsections (2) and (5) of section 470.021,
750	Florida Statutes, are amended to read:
751	470.021 Direct disposal establishment; standards and
752	location; registration.--
753	(2) The practice of direct disposition must be engaged in
754	at a fixed location of at least 625 interior contiguous square
755	feet and must maintain or make arrangements for suitable
756	capacity for the refrigeration and storage of dead human bodies
757	handled and stored by the establishment. No person may open or
758	maintain an establishment at which to engage in or hold himself
759	or herself out as engaging in the practice of direct disposition
760	unless such establishment is registered with the board. Any
761	change in location of such establishment shall be reported
762	promptly to the board as prescribed by rule of the board.
763	(5)(a) Each direct disposal establishment shall at all
764	times be subject to the inspection of all its buildings,
765	grounds, and vehicles used in the conduct of its business, by
766	the department, the Department of Health, and local government
767	inspectors and by their agents. The board shall adopt rules
768	which establish such inspection requirements.
769	(b) The board shall set by rule an annual inspection fee
770	not to exceed $100, payable upon application for registration
771	and upon each renewal of such registration.
772	(c) Each cinerator facility shall be inspected prior to
773	the issuance and renewal of its license and shall:
774	1. Maintain one or more retorts for the reduction of dead
775	human bodies.
776	2. Maintain refrigeration which satisfies the standards
777	set by the Department of Health and which contains a sufficient
778	number of shelves for the average daily number of bodies stored,
779	if unembalmed bodies are kept at the site.
780	3. Maintain sufficient pollution control equipment to
781	comply with requirements of the Department of Environmental
782	Protection in order to secure annual approved certification.
783	4. Either have on site or immediately available sufficient
784	sealed containers of a type required for the transportation of
785	bodies as specified in Rule 10D-37.012, F.A.C.
786	5. Maintain the premises in a clean and sanitary
787	condition.
788	6. Have appropriate Department of Environmental Protection
789	permits.
790	7. Retain all signed contracts for a period of at least 2
791	years.
792	Section 20. Subsection (1) of section 470.024, Florida
793	Statutes, is amended to read:
794	470.024 Funeral establishment; licensure.--
795	(1) A funeral establishment shall be a place at a specific
796	street address or location consisting of at least 1,250
797	contiguous interior square feet and must maintain or make
798	arrangements for eithersuitable capacity for the refrigeration
799	and storage of dead human bodies handled and stored by the
800	establishment and ora preparation room equipped with necessary
801	ventilation and drainage and containing necessary instruments
802	for embalming dead human bodies or must make arrangements for a
803	preparation room as established by board rule.
804	Section 21. Subsections (6), (13), (14), and (15) of
805	section 470.025, Florida Statutes, are amended, and subsection
806	(16) is added to said section, to read:
807	470.025 Cinerator facility; licensure.--
808	(6) No more than one dead human body may be placed in a
809	retort at one time, unless written permission has been received
810	from a legally authorized person for each body. The operator of
811	a cinerator facility shall be entitled to rely on the permission
812	of a legally authorized person to cremate more than one human
813	body.
814	(13) A cinerator facility shall not place human remains or
815	body parts in a retort or cremation chamberunless the human
816	remains are in an alternative container, cremation container,or
817	casket. Human remains may be transported in a cremation
818	containeror stored if they are completely covered, and at all
819	times treated with dignity and respect. Cremation may include
820	the processing and pulverization of bone fragments. Cremated
821	remains may be placed in a temporary container following
822	cremation.None of the provisions contained in this subsection
823	require the purchase of a casket for cremation. This subsection
824	applies to at-need contracts and preneed contracts entered into
825	pursuant to chapter 497 after June 1, 1996.
826	(14) Each cinerator facility shall ensure that all
827	alternative containers, cremation containers,or caskets used
828	for cremation contain no amount of chlorinated plastics not
829	authorized by the Department of Environmental Protection, that
830	they also are composed of readily combustible materials suitable
831	for cremation, able to be closed to provide a complete covering
832	for the human remains, resistant to leakage or spillage, rigid
833	enough for handling with ease, and able to provide for the
834	health, safety, and personal integrity of the public and
835	crematory personnel.
836	(15) The board shall adopt, by rule, criteria for
837	acceptable cremation andalternative containers.
838	(16) The operator of a cinerator facility shall establish
839	written procedures for the removal of remains and bone
840	fragments, to the extent possible, resulting from the cremation
841	of a human body and the postcremation processing, shipping,
842	packing, or identifying of those remains. If an operator follows
843	these procedures, the operator is not liable for the
844	unintentional or incidental commingling of human remains and
845	bone fragments resulting from more than one cremation cycle or
846	from postcremation processing, shipping, packing, or identifying
847	of those remains. A copy of the procedures shall be available,
848	upon request, to the department and legally authorized persons.
849	Section 22. Subsection (3) is added to section 470.0255,
850	Florida Statutes, to read:
851	470.0255 Cremation; procedure required.--
852	(3) Pursuant to the request of a legally authorized person
853	and incidental to final disposition, cremation may be performed
854	on parts of human remains. This subsection does not authorize
855	the cremation of body parts as defined in s. 470.002.
856	Section 23. Section 470.028, Florida Statutes, is amended
857	to read:
858	470.028 Preneed sales; registration of agents; control and
859	supervision of agents.--
860	(1) All sales of preneed funeral service contracts or
861	direct disposition contracts shall be made pursuant to chapter
862	497.
863	(2) No person may act as an agent for a funeral
864	establishment or direct disposal establishment with respect to
865	the sale of preneed contracts unless such person is registered
866	pursuant to chapter 497.
867	(3) Each licensee or registrant shall be subject to
868	discipline if his or her agent violates any provision of this
869	chapter applicable to such licensee or registrant as established
870	by board rule.
871	(4)(a) The funeral director in charge of a funeral
872	establishment shall be responsible for the control and
873	activities of the establishment's preneed agents.
874	(b) The direct disposer in charge or a funeral director
875	acting as a direct disposer in charge of a direct disposal
876	establishment shall be responsible for the control and
877	activities of the establishment's preneed agents.
878	Section 24. Subsection (1) of section 470.029, Florida
879	Statutes, is amended to read:
880	470.029 Reports of cases embalmed and bodies handled.--
881	(1) Each funeral establishment, direct disposal
882	establishment, cinerator facility, and centralized embalming
883	facility shall report on a form prescribed and furnished by the
884	department the name of the deceased and such other information
885	as may be required with respect to each dead human body embalmed
886	or otherwise handled by the establishment or facility. Such
887	forms shall be signed by the embalmer who performs the
888	embalming, if the body is embalmed, and the funeral director in
889	charge of the establishment or facility or by the direct
890	disposer who disposes of the body. The board shall prescribe by
891	rule the procedures in submitting such documentation. Reports
892	required by this subsection shall be filed by the 20th 10thday
893	of each month for final dispositions handled the preceding
894	month.
895	Section 25. Section 470.031, Florida Statutes, is amended
896	to read:
897	470.031 Prohibitions; penalties.--
898	(1) No person may:
899	(a) Practice funeral directing, embalming, or direct
900	disposition unless the person holds an active license or
901	registration under this chapter.
902	(b) Use the name or title "funeral director," "embalmer,"
903	or "direct disposer" when the person has not been licensed or
904	registered pursuant to this chapter.
905	(c) Represent as his or her own the license or
906	registration of another.
907	(d) Give false or forged evidence to the board, a member
908	thereof, or the department for the purpose of obtaining a
909	license or registration.
910	(e) Use or attempt to use a license or registration which
911	has been suspended or revoked.
912	(f) Knowingly employ unlicensed persons in the practice of
913	funeral directing, embalming, or direct disposing.
914	(g) Knowingly conceal information relative to violations
915	of this chapter.
916	(h) Operate an unlicensed cinerator facility.
917	(i) Except as provided for in chapter 497, guarantee the
918	price of goods and services at a future date.
919	(2) Any person who violates the provisions of this section
920	commits a misdemeanor of the second degree, punishable as
921	provided in s. 775.082 or s. 775.083.
922	Section 26. Section 470.0355, Florida Statutes, is amended
923	to read:
924	470.0355 Identification of human remains.--
925	(1) PRIOR TO FINAL DISPOSITION.--
926	(a)(1)The licensee or registrant in charge of the final
927	disposition of dead human remains shall, prior to final
928	disposition of such dead human remains, affix on the ankle or
929	wrist of the deceased, and orin the casket or alternative
930	container or cremation container, proper identification of the
931	dead human remains. The identification or tag shall be encased
932	in or consist of durable and long-lasting material containing
933	the name, date of birth, and date of death, and social security
934	numberof the deceased, if available. If the dead human remains
935	are cremated, proper identification shall be placed in the
936	container or urn containing the remains.
937	(b)(2)Any licensee or registrant responsible for removal
938	of dead human remains to any establishment, facility, or
939	location shall ensure that the remains are identified by a tag
940	or other means of identification that is affixed to the ankle or
941	wrist of the deceased at the time the remains are removed from
942	the place of death or other location.
943	(c)(3)Any licensee or registrant may rely on the
944	representation of a legally authorized person to establish the
945	identity of dead human remains.
946	(2) IN UNLICENSED CEMETERIES.--Effective October 1, 2004,
947	the identification of human remains interred in an unlicensed
948	cemetery shall be the responsibility of the licensed funeral
949	establishment in charge of the funeral arrangements for the
950	deceased person. The licensed funeral establishment in charge of
951	the funeral arrangements for the interment in an unlicensed
952	cemetery of human remains shall place on the outer burial
953	container, cremation internment container, or other container or
954	on the inside of a crypt or niche a tag or permanent identifying
955	mark containing the name of the decedent and the date of death,
956	if available. The materials and locations of the tag or mark
957	shall be more specifically described by the rule of the board.
958	(3) IN LICENSED CEMETERIES.--Effective October 1, 2004,
959	human remains at licensed cemeteries shall be identified as
960	follows:
961	(a) Each licensed cemetery shall place on the outer burial
962	container, cremation interment container, or other container or
963	on the inside of a crypt or niche a tag or permanent identifying
964	marker containing the name of the decedent and the date of
965	death, if available. The materials and the location of the tag
966	or marker shall be more specifically described by rule of the
967	board.
968	(b) Each licensed cemetery may rely entirely on the
969	identity stated on the burial transit permit or on the
970	identification supplied by a person licensed under chapter 470
971	to establish the identity of the dead human remains delivered by
972	such person for burial and shall not be liable for any
973	differences between the identity shown on the burial transit
974	permit or identification and the actual identity of the dead
975	human remains delivered by such person and buried in the
976	cemetery.
977	(4) DIRECT DISPOSAL ESTABLISHMENTS.--Direct disposal
978	establishments shall establish a system of identification of
979	human remains received which shall be designed to track the
980	identity of the remains from the time of receipt until delivery
981	of the remains to the authorized persons. This is in addition to
982	the requirements for identification of human remains set forth
983	in subsection (1). A copy of the identification procedures shall
984	be available, upon request, to the department and legally
985	authorized persons.
986	Section 27. For the purpose of incorporating the amendment
987	to section 470.031, Florida Statutes, in a reference thereto,
988	paragraph (a) of subsection (1) of section 470.036, Florida
989	Statutes, is reenacted to read:
990	470.036 Disciplinary proceedings.--
991	(1) The following acts constitute grounds for which the
992	disciplinary actions in subsection (2) may be taken:
993	(a) Violation of any provision of s. 455.227(1) or s.
994	470.031.
995	Section 28. Section 497.005, Florida Statutes, is amended
996	to read:
997	497.005 Definitions.--As used in this chapter:
998	(1) "At-need solicitation" means any uninvited contact by
999	a licensee or her or his agent for the purpose of the sale of
1000	burial services or merchandise to the family or next of kin of a
1001	person after her or his death has occurred.
1002	(2) "Bank of belowground crypts" means any construction
1003	unit of belowground crypts which is acceptable to the department
1004	and which a cemetery uses to initiate its belowground crypt
1005	program or to add to existing belowground crypt structures.
1006	(3) "Belowground crypts" consist of interment space in
1007	preplaced chambers, either side by side or multiple depth,
1008	covered by earth and sod and known also as "lawn crypts,"
1009	"westminsters," or "turf-top crypts."
1010	(4) "Board" means the Board of Funeral, Cemetery, and
1011	Consumer Services Funeral and Cemetery Services.
1012	(5) "Burial merchandise," "funeral merchandise," or
1013	"merchandise" means any personal property offered or sold by any
1014	person for use in connection with the final disposition,
1015	memorialization, interment, entombment, or inurnment of human
1016	remains.
1017	(6) "Burial right" means the right to use a grave space,
1018	mausoleum, columbarium, ossuary, or scattering garden for the
1019	interment, entombment, inurnment, or other disposition of human
1020	remains.
1021	(7) "Burial service," "funeral service," or "service"
1022	means any service offered or provided by any person in
1023	connection with the final disposition, memorialization,
1024	interment, entombment, or inurnment of human remains.
1025	(8) "Care and maintenance" means the perpetual process of
1026	keeping a cemetery and its lots, graves, grounds, landscaping,
1027	roads, paths, parking lots, fences, mausoleums, columbaria,
1028	vaults, crypts, utilities, and other improvements, structures,
1029	and embellishments in a well-cared-for and dignified condition,
1030	so that the cemetery does not become a nuisance or place of
1031	reproach and desolation in the community. As specified in the
1032	rules of the board, "care and maintenance" may include, but is
1033	not limited to, any or all of the following activities: mowing
1034	the grass at reasonable intervals; raking and cleaning the grave
1035	spaces and adjacent areas; pruning of shrubs and trees;
1036	suppression of weeds and exotic flora; and maintenance, upkeep,
1037	and repair of drains, water lines, roads, buildings, and other
1038	improvements. "Care and maintenance" may include, but is not
1039	limited to, reasonable overhead expenses necessary for such
1040	purposes, including maintenance of machinery, tools, and
1041	equipment used for such purposes. "Care and maintenance" may
1042	also include repair or restoration of improvements necessary or
1043	desirable as a result of wear, deterioration, accident, damage,
1044	or destruction. "Care and maintenance" does not include expenses
1045	for the construction and development of new grave spaces or
1046	interment structures to be sold to the public.
1047	(9) "Casket" means a rigid container which is designed for
1048	the encasement of human remains, andwhich is usually
1049	constructed of wood or metal, ornamented, and lined with fabric,
1050	and which may or may not be combustible.
1051	(10) "Cemetery" means a place dedicated to and used or
1052	intended to be used for the permanent interment of human
1053	remains. A cemetery may contain land or earth interment;
1054	mausoleum, vault, or crypt interment; a columbarium, ossuary,
1055	scattering garden, or other structure or place used or intended
1056	to be used for the interment or disposition of cremated human
1057	remains; or any combination of one or more of such structures or
1058	places.
1059	(11) "Cemetery company" means any legal entity that owns
1060	or controls cemetery lands or property.
1061	(12) "Certificateholder" or "licensee" means the person or
1062	entity that is authorized under this chapter to sell preneed
1063	funeral or burial services, preneed funeral or burial
1064	merchandise, or burial rights. Each term shall include the
1065	other, as applicable, as the context requires. For the purposes
1066	of chapter 120, all certificateholders, licensees, and
1067	registrants shall be considered licensees.
1068	(13) "Columbarium" means a structure or building which is
1069	substantially exposed above the ground and which is intended to
1070	be used for the inurnment of cremated human remains.
1071	(14) "Common business enterprise" means a group of two or
1072	more business entities that share common ownership in excess of
1073	50 percent.
1074	(15) "Cremation" includes any mechanical or thermal
1075	process whereby a dead human body is reduced to ashes. Cremation
1076	also includes any other mechanical or thermal process whereby
1077	human remains are pulverized, burned, recremated, or otherwise
1078	further reduced in size or quantity.
1079	(16) "Department" means the Department of Financial
1080	Services.
1081	(17) "Direct disposer" means any person who is registered
1082	in this state to practice direct disposition pursuant to the
1083	provisions of chapter 470.
1084	(18) "Director" means the director of the Division of
1085	Funeral, Cemetery, and Consumer Services.
1086	(19) "Division" means the Division of Funeral, Cemetery,
1087	and Consumer Services within the Department of Financial
1088	Services.
1089	(20)(18)"Final disposition" means the final disposal of a
1090	dead human body whether by interment, entombment, burial at sea,
1091	cremation, or any other means and includes, but is not limited
1092	to, any other disposition of remains for which a segregated
1093	charge is imposed.
1094	(21)(19)"Funeral director" means any person licensed in
1095	this state to practice funeral directing pursuant to the
1096	provisions of chapter 470.
1097	(22)(20)"Grave space" means a space of ground in a
1098	cemetery intended to be used for the interment in the ground of
1099	human remains.
1100	(23)(21)"Human remains" means the bodies of deceased
1101	persons and includes bodies in any stage of decomposition and
1102	cremated remains.
1103	(24)(22)"Mausoleum" means a structure or building which
1104	is substantially exposed above the ground and which is intended
1105	to be used for the entombment of human remains.
1106	(25)(23)"Mausoleum section" means any construction unit
1107	of a mausoleum which is acceptable to the department and which a
1108	cemetery uses to initiate its mausoleum program or to add to its
1109	existing mausoleum structures.
1110	(26)(24)"Monument" means any product used for identifying
1111	a grave site and cemetery memorials of all types, including
1112	monuments, markers, and vases.
1113	(27)(25)"Monument establishment" means a facility that
1114	operates independently of a cemetery or funeral establishment
1115	and that offers to sell monuments or monument services to the
1116	public for placement in a cemetery.
1117	(28)(26)"Net assets" means the amount by which the total
1118	assets of a certificateholder, excluding goodwill, franchises,
1119	customer lists, patents, trademarks, and receivables from or
1120	advances to officers, directors, employees, salespersons, and
1121	affiliated companies, exceed total liabilities of the
1122	certificateholder. For purposes of this definition, the term
1123	"total liabilities" does not include the capital stock, paid-in
1124	capital, or retained earnings of the certificateholder.
1125	(29)(27)"Net worth" means total assets minus total
1126	liabilities pursuant to generally accepted accounting
1127	principles.
1128	(30) "Niche" means a compartment or cubicle for the
1129	memorialization or permanent placement of an urn containing
1130	cremated remains.
1131	(31)(28)"Ossuary" means a receptacle used for the
1132	communal placement of cremated human remains without benefit of
1133	an urn or any other container in which remains will be
1134	commingled with other cremated human remains and are
1135	nonrecoverable. It may or may not include memorialization.
1136	(32)(29)"Outer burial container" means an enclosure into
1137	which a casket is placed and includes, but is not limited to,
1138	vaults made of concrete, steel, fiberglass, or copper; sectional
1139	concrete enclosures; crypts; and wooden enclosures.
1140	(33)(30)"Preneed contract" means any arrangement or
1141	method, of which the provider of funeral merchandise or services
1142	has actual knowledge, whereby any person agrees to furnish
1143	funeral merchandise or service in the future.
1144	(34)(31)"Religious institution" means an organization
1145	formed primarily for religious purposes which has qualified for
1146	exemption from federal income tax as an exempt organization
1147	under the provisions of s. 501(c)(3) of the Internal Revenue
1148	Code of 1986, as amended.
1149	(35)(32)"Scattering garden" means a location set aside,
1150	within a cemetery, which is used for the spreading or
1151	broadcasting of cremated remains that have been removed from
1152	their container and can be mixed with or placed on top of the
1153	soil or ground cover or buried in an underground receptacle on a
1154	commingled basis and that are nonrecoverable. It may or may not
1155	include memorialization.
1156	(36)(33)"Servicing agent" means any person acting as an
1157	independent contractor whose fiduciary responsibility is to
1158	assist both the trustee and certificateholder hereunder in
1159	administrating their responsibilities pursuant to this chapter.
1160	(37)(34) "Solicitation" means any communication that which
1161	directly or implicitly requests an immediate oral response from
1162	the recipient.
1163	(38)(35)"Statutory accounting" means generally accepted
1164	accounting principles, except as modified by this chapter.
1165	(39) "Urn" means a receptacle designed to permanently
1166	encase cremated remains.
1167	Section 29. Subsection (3) of section 497.305, Florida
1168	Statutes, is amended to read:
1169	497.305 Cemetery companies; authorized functions.--
1170	(3) A cemetery company may adopt bylaws establishing
1171	minimum standards for burial merchandise or the installation
1172	thereof. Such bylaws shall include minimum standards for access
1173	to install burial merchandise. A cemetery company must comply
1174	with its adopted bylaws.
1175	Section 30. Section 497.306, Florida Statutes, is created
1176	to read:
1177	497.306 Standards for grave spaces.--
1178	(1) A standard adult grave space shall measure at least 42
1179	inches in width and 96 inches in length, except for preinstalled
1180	vaults in designated areas. For interments, except cremated
1181	remains, the covering soil shall measure no less than 12 inches
1182	from the top of the outer burial container, unless such level of
1183	soil is not physically possible. In any interment, the family or
1184	next of kin may waive the 12-inch coverage minimum.
1185	(2)(a) Effective October 1, 2004, and prior to the sale of
1186	grave spaces in any undeveloped areas of a licensed cemetery,
1187	the cemetery company shall prepare a map documenting the
1188	establishment of recoverable internal survey reference markers
1189	installed by the cemetery company no more than 100 feet apart in
1190	the areas planned for development. The internal reference
1191	markers shall be established with reference to survey markers
1192	that are no more than 200 feet apart which have been set by a
1193	surveyor and mapper licensed under chapter 472 and documented in
1194	a certified land survey. Both the map and the certified land
1195	survey shall be maintained by the cemetery company and shall be
1196	made available upon request to the department or members of the
1197	public.
1198	(b) The map of the area proposed to be developed shall
1199	show:
1200	1. The number of grave spaces available for sale.
1201	2. The location of each grave space.
1202	3. The number designation assigned to each grave space.
1203	4. The dimensions of a standard adult grave space.
1204	(3) Adult grave spaces established prior to October 1,
1205	2004, are not required to meet the standards established under
1206	this section for the dimensions or separation of grave spaces.
1207	Section 31. Section 497.307, Florida Statutes, is created
1208	to read:
1209	497.307 Identification of human remains in licensed
1210	cemeteries.--On and after October 1, 2004, human remains
1211	interred, entombed, scattered, or otherwise placed for final
1212	rest at licensed cemeteries shall be identified as follows:
1213	(1) Each licensed cemetery shall place on the outer burial
1214	container, cremation interment container, or other container, or
1215	on the inside of a crypt or niche, a tag or a permanent
1216	identifying marker containing the name of the decedent and the
1217	date of death, if available. The materials and location of the
1218	tag or marker shall be more specifically described by rule of
1219	the board.
1220	(2) Each licensed cemetery may rely entirely on the
1221	identity stated on the burial transit permit or on the
1222	identification supplied by a person licensed under chapter 470
1223	to establish the identity of the dead human remains delivered by
1224	such person for burial and shall not be liable for any
1225	differences between the identity shown on the burial transit
1226	permit or other identification and the actual identity of the
1227	dead human remains delivered by such person and buried in the
1228	cemetery.
1229	Section 32. Subsection (2) of section 497.325, Florida
1230	Statutes, is amended to read:
1231	497.325 Illegal tying arrangements.--
1232	(2)(a) Noncemetery licensed persons and firms shall have
1233	the right to sell monuments and to perform or provide on
1234	cemetery property foundation, preparation, and installation
1235	services for monuments. However, a cemetery company or any other
1236	entity owning and operating a cemeterymay establish reasonable
1237	rules regarding the style and size of a monument or its
1238	foundation, provided such rules are applicable to all monuments
1239	from whatever source obtained and are enforced uniformly as to
1240	all monuments. Such rules shall be conspicuously posted and
1241	readily accessible to inspection and copy by interested persons.
1242	(b) No person who is authorized to sell grave space and no
1243	cemetery company or other entity owning and operating a cemetery
1244	may:
1245	1. Require the payment of a setting or service charge, by
1246	whatever name known, from third party installers for the
1247	placement of a monument;
1248	2. Refuse to provide care or maintenance for any portion
1249	of a gravesite on which a monument has been placed; or
1250	3. Waive liability with respect to damage caused by
1251	cemetery employees or agents to a monument after installation,
1252
1253	where the monument or installation service is not purchased from
1254	the person authorized to sell grave space or the cemetery
1255	company or other legal entityproviding grave space or from or
1256	through any other person or corporation designated by the person
1257	authorized to sell grave space or the cemetery company or other
1258	legal entity providing grave space. A No cemetery company or
1259	other entity owning and operating a cemetery may notbe held
1260	liable for the improper installation of a monument where the
1261	monument is not installed by the cemetery company or its agents
1262	or by such other entity or its agents.
1263	Section 33. Subsection (9) is added to section 497.333,
1264	Florida Statutes, to read:
1265	497.333 Disclosure of information to public.--A licensee
1266	offering to provide burial rights, merchandise, or services to
1267	the public shall:
1268	(9) Provide to each customer a complete description of any
1269	monument, marker, or memorialization to be placed at the
1270	gravesite.
1271	Section 34. Section 497.361, Florida Statutes, is amended
1272	to read:
1273	497.361 Registration of monument establishments;
1274	contracts.--
1275	(1) No person shall conduct, maintain, manage, or operate
1276	a monument establishment, unless such an establishment pays a
1277	registration fee of $200 and is registered with the department
1278	in accordance with this section.
1279	(2) A monument establishment shall be a physical structure
1280	that is located at a specific street address.
1281	(2)(3)No person may engage in the retail sale of
1282	monuments or monument services to consumers, unless they are
1283	affiliated with a monument establishment, funeral establishment,
1284	or cemetery.
1285	(3)(4)The department, by rule, shall provide for biennial
1286	renewal of registrants and a renewal fee of $150.
1287	(4)(5) Failure to deliver a monument within the specified
1288	timeframe shall be considered a breach of contract unless the
1289	monument establishment has a written agreement to extend the
1290	delivery date. The purchaser shall be entitled to a refund of
1291	all money paid for the merchandise. Such refund shall be made
1292	within 30 days after receipt by the monument establishment of
1293	the purchaser's written request for a refund. This subsection
1294	does not preclude the purchase and installation of a new
1295	monument from any other registered monument establishment or
1296	certificateholder. Monuments shall be delivered as established
1297	by this chapter and installed no later than 120 days after the
1298	date of sale. The establishment may request two 30-day
1299	extensions. Extensions may be granted by the executive director.
1300	(5) All contracts with the public must be approved by the
1301	department and must provide a complete description of any
1302	monument, marker, or related product to be delivered.
1303	Section 35. Section 497.365, Florida Statutes, is created
1304	to read:
1305	497.365 Regulation of monument establishments.--
1306	(1) The department shall establish an inspection program
1307	for all monument establishments in accordance with the
1308	requirements of this chapter.
1309	(2) The department shall adopt rules that shall include
1310	requirements for the approval of contracts for memorials and
1311	related products, written complaint procedures and mandatory
1312	response to consumer complaints, disclosure to the public as to
1313	the form of ownership, the fingerprinting of owners, and
1314	appropriate recordkeeping.
1315	(3) Nothing in the department's authority or any other
1316	provisions of this chapter shall unreasonably restrict
1317	competition or permit the restraint of trade and commerce.
1318	Section 36. Section 497.371, Florida Statutes, is created
1319	to read:
1320	497.371 Monument establishments; business location.--
1321	(1) A monument establishment shall be a place at a
1322	specific street address or location consisting of an office and
1323	display area for monuments, markers, and related products. The
1324	place where the establishment is located must comply with the
1325	local government zoning regulations and may not be located on
1326	tax-exempt property.
1327	(2) The monument establishment must be a full-service
1328	monument location open to the public during normal business
1329	hours, with facilities to design, inscribe, and install
1330	monuments and related products.
1331	(3) A person may not operate a monument establishment or
1332	install monuments, markers, and related products in this state
1333	unless the person is registered by the department under s.
1334	497.361 or holds a valid certificate of authority issued under
1335	s. 497.379.
1336	Section 37. Section 497.379, Florida Statutes, is created
1337	to read:
1338	497.379 Monument establishments; certificate of authority
1339	required to sell preneed contracts.--A monument establishment,
1340	including an existing registered or unregistered monument
1341	establishment, may not sell a preneed contract without first
1342	having obtained a valid certificate of authority from the
1343	department. A person may not be issued a certificate of
1344	authority as a monument establishment to sell preneed contracts
1345	unless such person has at least 3 years' experience in the
1346	operation and management of an establishment selling monuments,
1347	markers, and related products. A certificate of authority may
1348	not be transferred or assigned.
1349	Section 38. Section 497.385, Florida Statutes, is created
1350	to read:
1351	497.385 Monument establishments; sales
1352	representatives.--Each person selling monuments, markers, and
1353	related products for a monument establishment must register with
1354	the board, including any person otherwise registered or licensed
1355	pursuant to chapter 470 or this chapter. A person selling
1356	monuments, markers, and related products for a monument
1357	establishment that has been issued a certificate of authority
1358	must register as a preneed agent pursuant to the requirements of
1359	this chapter.
1360	Section 39. Section 497.391, Florida Statutes, is created
1361	to read:
1362	497.391 Monument establishments; preneed contracts.--A
1363	monument dealer or establishment may not write a preneed
1364	contract unless that contract has been approved by the board.
1365	Any monument dealer or establishment that is paid, collects, or
1366	receives funds under a preneed contract for services or
1367	merchandise must comply with the provisions of ss. 497.413 and
1368	497.417.
1369	Section 40. Section 497.395, Florida Statutes, is created
1370	to read:
1371	497.395 Monument establishments; financial requirements.--
1372	(1) For the purposes of qualifying for a certificate of
1373	authority, a monument establishment must have a minimum net
1374	worth of $10,000. A monument establishment holding a certificate
1375	of authority or an applicant for such certificate of authority
1376	must meet and maintain the requirements of this section on an
1377	annual basis in order to perform its obligation for all existing
1378	preneed contracts.
1379	(2) All monument establishments holding a certificate of
1380	authority or an applicant must submit its most recent year-end
1381	financial statements, including a balance sheet and income
1382	statement, with the certificate of authority application and
1383	annually thereafter as provided in s. 497.407(1). The financial
1384	statement must be prepared in accordance with generally accepted
1385	accounting principles, as those principles have been defined by
1386	the Florida Board of Accountancy in the Florida Administrative
1387	Code. If the applicant does not have the minimum net worth as
1388	set forth in subsection (1), lacks sufficient liquid assets to
1389	satisfy current liabilities, or does not appear to have any
1390	substantial long-term assets, the department shall request
1391	additional financial information concerning financial statements
1392	and the statement of cash flow.
1393	(3) For the purposes of this section, the term "total
1394	preneed contracts" means the total retail value of all
1395	outstanding preneed contracts. There shall be an annual fee for
1396	the renewal of the monument establishment certificate of
1397	authority based on the following sales volume for total preneed
1398	contracts:
1399	(a) For a certificateholder that has total sales of $1 or
1400	more but not more than $50,000 $500.
1401	(b) For a certificateholder that has total sales of more
1402	than $50,000 but not more than $250,000 $750.
1403	(c) For a certificateholder that has total sales of more
1404	than $250,000 but not more than $500,000 $1,000.
1405	(d) For a certificateholder that has total sales of more
1406	than $500,000 $1,250.
1407	(4) In the case of a monument establishment holding a
1408	certificate of authority or a licensed dealer applicant offering
1409	preneed sales through a subsidiary agent as provided in Rule
1410	69K-5.0015, Florida Administrative Code, the certificateholder
1411	or applicant must execute a guarantee agreement with respect to
1412	any contract obligations resulting from preneed sales of such a
1413	selling agent.
1414	(5) If the certificateholder or applicant does not meet
1415	the financial requirements in subsection (1), the entity may
1416	voluntarily submit to the board additional evidence or agree to
1417	additional oversight as to meeting the requirements of
1418	subsection (1) as a condition of receiving or retaining a
1419	certificate of authority. Such additional evidence or oversight
1420	shall include, as appropriate:
1421	(a) An agreement to submit monthly financial statements of
1422	the entity;
1423	(b) An agreement to submit quarterly financial statements
1424	of the entity;
1425	(c) An appraisal of the entity's property or broker's
1426	opinion of the entity's assets;
1427	(d) A credit report of the entity or its principal owners;
1428	(e) Subordination-of-debt agreement from the entity's
1429	principal owners;
1430	(f) An indemnification or subrogation agreement binding
1431	the entity and principal owners;
1432	(g) A guarantee agreement for the entity from its
1433	principal owners;
1434	(h) Written explanation of past financial activity;
1435	(i) Submission of the 12-month projected business plan
1436	that includes:
1437	1. A statement of cash flows;
1438	2. Pro forma income statements, with sources of revenues
1439	identified; and
1440	3. Marketing initiatives;
1441	(j) Submission of previous department examination reports;
1442	or
1443	(k) An agreement of 100-percent voluntary trust by the
1444	entity.
1445	Section 41. Subsections (1), (3), and (4) of section
1446	497.405, Florida Statutes, are amended to read:
1447	497.405 Certificate of authority required.--
1448	(1)(a) No person, including any cemetery exempt under s.
1449	497.003, may sell, advertise to sell, or make an arrangement for
1450	a preneed contract without first having a valid certificate of
1451	authority.
1452	(b) No person, including any cemetery exempt under s.
1453	497.003, may sell , advertise to sell, or make an arrangement
1454	forservices, merchandise, or burial rights on a preneed basis
1455	unless such person is authorized pursuant to this chapter to
1456	provide such services, merchandise, or burial rights on an at-
1457	need basis.
1458	(3) No person may obtain a certificate of authority under
1459	this chapter for the preneed sale of services unless such person
1460	or its agent, in the case of a corporate entity, holds a license
1461	as a funeral establishment or cemetery company, orregistration
1462	as a direct disposal establishment under chapter 470, or
1463	certification as a monument establishment under this chapter.
1464	(4) The provisions of this section do not apply to
1465	religious-institution-owned cemeteries exempt under s.
1466	497.003(1)(d), in counties with a population of at least 960,000
1467	persons on July 1, 1996, with respect to the sale to the
1468	religious institution's members and their families of interment
1469	rights, mausoleums, crypts, cremation niches, cremation
1470	interment containers,vaults, liners, urns, memorials, vases,
1471	foundations, memorial bases, floral arrangements, monuments,
1472	markers, engraving, and the opening and closing of interment
1473	rights, mausoleums, crypts, and cremation niches, and cremation
1474	interment containers,if such cemeteries have engaged in the
1475	sale of preneed contracts prior to October 1, 1993, and maintain
1476	a positive net worth at the end of each fiscal year of the
1477	cemetery.
1478	Section 42. Subsection (4) of section 497.419, Florida
1479	Statutes, is amended, and subsection (11) is added to said
1480	section, to read:
1481	497.419 Cancellation of, or default on, preneed
1482	contracts.--
1483	(4) Each certificateholder shall provide in conspicuous
1484	type in its contract that the contract purchaser may cancel the
1485	contract and receive a full refund within 30 days after ofthe
1486	date of execution of the contract, except for those amounts
1487	allocable to any burial rights, merchandise, or services that
1488	have been used by the purchaser. The failure to make such
1489	provision shall not impair the contract purchaser's right to
1490	cancellation and refund as provided in this section.
1491	(11) Failure to install a monument within 180 days after
1492	interment shall be considered a breach of contract unless the
1493	certificateholder has a written agreement to extend the
1494	installation date. The purchaser shall be entitled to a refund
1495	of all money paid for the merchandise. Such refund shall be made
1496	within 30 days after receipt by the certificateholder of the
1497	purchaser's written request for a refund. Nothing in this
1498	subsection shall preclude the purchase and installation of a new
1499	monument from any other registered monument establishment or
1500	certificateholder.
1501	Section 43. Subsection (4) of section 497.436, Florida
1502	Statutes, is amended to read:
1503	497.436 Inactive and revoked certificateholders.--
1504	(4) Upon receipt of the notice, in order to protect the
1505	contract purchaser, the board may:
1506	(a) shallReview the certificateholder's:
1507	1.(a)Trust funds.
1508	2.(b)Trust agreements.
1509	3.(c)Evidence of all outstanding preneed contracts.
1510	(b) Perform other procedures the board deems necessary.
1511	Section 44. Except as otherwise provided herein, this act
1512	shall take effect July 1, 2004.