HB 0323

CS

CHAMBER ACTION

1	The Committee on Insurance recommends the following:
2
3	Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to funeral directing, embalming, direct
7	disposition, and cemetery services; amending s. 20.121,
8	F.S.; removing the Bureau of Funeral and Cemetery Services
9	from the Division of Consumer Services within the
10	Department of Financial Services; establishing the
11	Division of Funeral, Cemetery, and Consumer Services and
12	the Board of Funeral, Cemetery, and Consumer Services
13	within the department; amending s. 20.165, F.S.;
14	abolishing the Board of Funeral Directors and Embalmers
15	within the Department of Business and Professional
16	Regulation; amending s. 497.101, F.S.; creating the Board
17	of Funeral, Cemetery, and Consumer Services; providing for
18	the appointment of board members; providing terms of
19	office; providing grounds for removal or suspension of a
20	member; providing immunity from liability for members
21	acting in an official capacity; specifying the
22	headquarters for the board; providing for compensation and
23	reimbursement for per diem expenses; creating s. 497.102,
24	F.S.; providing for the authority of the board; creating
25	s. 497.1021, F.S.; providing duties of the Division of
26	Funeral, Cemetery, and Consumer Services; providing powers
27	of enforcement; providing for deposit and use of funds
28	received from settlements with regulated entities and
29	persons; creating s. 497.1022, F.S.; establishing the
30	office of the director of the division; providing duties;
31	providing that the director shall also be the executive
32	director of the board; renumbering and amending s.
33	455.2226, F.S., relating to instruction on HIV and AIDS
34	for funeral directors and embalmers; conforming references
35	and terminology; amending s. 497.105, F.S.; removing duty
36	of the department to appoint the executive director of the
37	board, to conform; providing duties of the Chief Financial
38	Officer under ch. 470, F.S.; providing for type two
39	transfer of the Board of Funeral Directors and Embalmers
40	and the Board of Funeral and Cemetery Services to the
41	Board of Funeral, Cemetery, and Consumer Services within
42	the Department of Financial Services; providing for the
43	use of the licensing system of the Department of Business
44	and Professional Regulation; providing for validity of
45	judicial and administrative actions; providing for
46	validity of licenses; providing for continuity of rules;
47	abolishing the Board of Funeral and Cemetery Services and
48	the Board of Funeral Directors and Embalmers; repealing
49	ss. 470.003, 497.107, and 497.109, F.S., relating to the
50	Board of Funeral Directors and Embalmers and the Board of
51	Funeral and Cemetery Services, to conform; creating s.
52	470.0365, F.S.; providing for disposition of fees and
53	penalties collected pursuant to ch. 470, F.S.; providing
54	for conforming of statutes; amending s. 470.002, F.S.;
55	revising and providing definitions applicable to
56	regulation of funeral directing, embalming, and direct
57	disposition; amending s. 470.0085, F.S.; extending the
58	embalmer apprentice period; amending s. 470.015, F.S.;
59	conforming a reference; amending s. 470.018, F.S.;
60	increasing continuing education requirements for direct
61	disposers; conforming a reference; amending s. 470.021,
62	F.S.; providing additional requirements to be a direct
63	disposal establishment; providing inspection requirements
64	and criteria; amending s. 470.024, F.S.; revising
65	requirements to be a funeral establishment; amending s.
66	470.025, F.S.; revising cremation requirements for
67	cinerator facilities relating to simultaneous cremations,
68	body parts, cremation containers, and the cremation
69	chamber; providing exemption from liability for
70	unintentional or incidental commingling of remains under
71	certain conditions; amending s. 470.0255, F.S.; providing
72	for cremation of parts of human bodies incidental to final
73	disposition; amending s. 470.028, F.S.; providing for
74	control and supervision of preneed agents; amending s.
75	470.029, F.S.; extending the filing time for reports of
76	bodies embalmed or handled; amending s. 470.031, F.S.;
77	prohibiting any guarantee on the future price of any goods
78	or services; providing penalties; amending s. 470.0355,
79	F.S.; revising requirements for identification of human
80	remains prior to final disposition; providing requirements
81	for identification of human remains in unlicensed and
82	licensed cemeteries and by direct disposal establishments;
83	reenacting s. 470.036(1)(a), F.S., relating to
84	disciplinary proceedings, to incorporate the amendment to
85	s. 470.031, F.S., in a reference thereto; amending s.
86	497.005, F.S.; revising and providing definitions
87	applicable to regulation of funeral and cemetery services;
88	amending s. 497.305, F.S.; requiring cemetery company
89	bylaws to include minimum standards for access to install
90	burial merchandise; requiring that a cemetery company
91	comply with its adopted bylaws; creating s. 497.306, F.S.;
92	providing dimension and spacing standards for grave
93	spaces; requiring a map of reference markers and a land
94	survey for areas proposed to be developed by a licensed
95	cemetery company; exempting adult grave spaces previously
96	established; creating s. 497.307, F.S.; providing
97	requirements for identification of human remains in
98	licensed cemeteries; amending s. 497.325, F.S., relating
99	to illegal tying arrangements; providing for procedures
100	established by other entities operating a cemetery
101	regarding monuments; amending s. 497.333, F.S.; providing
102	for disclosure to customers of information relating to
103	placement of monuments, markers, or memorializations at
104	gravesites; amending s. 497.361, F.S., relating to
105	registration of monument establishments; specifying
106	conditions constituting breach of contract and providing
107	for refunds; requiring departmental approval of contract
108	forms; creating s. 497.365, F.S.; providing for regulation
109	of monument establishments; providing for inspections;
110	providing for rules; providing that the department may not
111	unreasonably restrict commerce; creating s. 497.371, F.S.;
112	providing requirements for monument establishment business
113	locations; creating s. 497.379, F.S.; requiring monument
114	establishments selling preneed contracts to obtain a
115	certificate of authority and providing requirements
116	therefor; prohibiting transfer or assignment of a
117	certificate of authority; creating s. 497.385, F.S.;
118	requiring registration of sales representatives of
119	monument establishments; creating s. 497.391, F.S.;
120	requiring board approval of preneed contract forms by
121	monument dealers or monument establishments; creating s.
122	497.395, F.S.; providing financial requirements for
123	monument establishments; providing requirements for
124	minimum net worth; providing for submission of financial
125	statements; providing for annual fees based on sales
126	volume with respect to preneed contracts; providing for
127	guarantee agreements; providing for additional oversight
128	in lieu of financial requirements; amending s. 497.405,
129	F.S.; prohibiting any person from advertising for sale or
130	making any arrangement for a preneed contract without
131	having a valid certificate of authority; expanding the
132	exemption from the required certificate of authority for
133	certain religious-institution-owned cemeteries to include
134	the sale and opening or closing of cremation interment
135	containers to members and family members of the religious
136	institution; amending s. 497.419, F.S.; requiring preneed
137	contracts to include in the refund notice the exclusion
138	for amounts allocable to burial rights, merchandise, and
139	services used by the purchaser; providing condition for
140	breach of contract by certificateholder and for rights of
141	purchaser; amending s. 497.436, F.S.; authorizing the
142	board to review the trust funds, trust agreements, and
143	outstanding preneed contracts of, and perform other
144	procedures at its discretion with respect to, a
145	certificateholder filing notice to become inactive;
146	providing effective dates.
147
148	Be It Enacted by the Legislature of the State of Florida:
149
150	Section 1.  Paragraph (h) of subsection (2) of section
151	20.121, Florida Statutes, is amended, paragraph (n) is added to
152	said subsection, subsection (4) is renumbered as subsection (5),
153	and a new subsection (4) is added to said section, to read:
154	20.121  Department of Financial Services.--There is created
155	a Department of Financial Services.
156	(2)  DIVISIONS.--The Department of Financial Services shall
157	consist of the following divisions:
158	(h)  The Division of Consumer Services, which shall include
159	a Bureau of Funeral and Cemetery Services.
160	1.  The Division of Consumer Services shall perform the
161	following functions concerning products or services regulated by
162	the Department of Financial Services or by either office of the
163	Financial Services Commission:
164	a.  Receive inquiries and complaints from consumers.;
165	b.  Prepare and disseminate such information as the
166	department deems appropriate to inform or assist consumers.;
167	c.  Provide direct assistance and advocacy for consumers
168	who request such assistance or advocacy.;
169	d.  With respect to apparent or potential violations of law
170	or applicable rules by a person or entity licensed by the
171	department or by either office of the commission, report such
172	apparent or potential violation to the appropriate division of
173	the department or office of the commission, which may take such
174	further action as it deems appropriate.
175	2.  Any person licensed or issued a certificate of
176	authority by the department or by the Office of Insurance
177	Regulation shall respond, in writing, to the Division of
178	Consumer Services within 20 days after receipt of a written
179	request for information from the division concerning a consumer
180	complaint. The response must address the issues and allegations
181	raised in this complaint. The division may, in its discretion,
182	impose an administrative penalty for failure to comply with this
183	subparagraph in an amount up to $2,500 per violation upon any
184	entity licensed by the department or the Office of Insurance
185	Regulation and $250 for the first violation, $500 for the second
186	violation and up to $1,000 per violation thereafter upon any
187	individual licensed by the department or the Office of Insurance
188	Regulation.
189	3.  The department may adopt rules to implement the
190	provisions of this paragraph.
191	4.  The powers, duties, and responsibilities expressed or
192	granted in this paragraph shall not limit the powers, duties,
193	and responsibilities of the Department of Financial Services,
194	the Financial Services Commission, the Office of Insurance
195	Regulation, or the Office of Financial Regulation set forth
196	elsewhere in the Florida Statutes.
197	(n)  The Division of Funeral, Cemetery, and Consumer
198	Services.
199	(4)  BOARD OF FUNERAL, CEMETERY, AND CONSUMER
200	SERVICES.--There is created within the Department of Financial
201	There is created within the Department of Financial Services the
202	Board of Funeral, Cemetery, and Consumer Services.
203	Section 2.  Paragraph (a) of subsection (4) of section
204	20.165, Florida Statutes, is amended to read:
205	20.165  Department of Business and Professional
206	Regulation.--There is created a Department of Business and
207	Professional Regulation.
208	(4)(a)  The following boards are established within the
209	Division of Professions:
210	1.  Board of Architecture and Interior Design, created
211	under part I of chapter 481.
212	2.  Florida Board of Auctioneers, created under part VI of
213	chapter 468.
214	3.  Barbers' Board, created under chapter 476.
215	4.  Florida Building Code Administrators and Inspectors
216	Board, created under part XII of chapter 468.
217	5.  Construction Industry Licensing Board, created under
218	part I of chapter 489.
219	6.  Board of Cosmetology, created under chapter 477.
220	7.  Electrical Contractors' Licensing Board, created under
221	part II of chapter 489.
222	8.  Board of Employee Leasing Companies, created under part
223	XI of chapter 468.
224	9.  Board of Funeral Directors and Embalmers, created under
225	chapter 470.
226	9.10.  Board of Landscape Architecture, created under part
227	II of chapter 481.
228	10.11.  Board of Pilot Commissioners, created under chapter
229	310.
230	11.12.  Board of Professional Engineers, created under
231	chapter 471.
232	12.13.  Board of Professional Geologists, created under
233	chapter 492.
234	13.14.  Board of Professional Surveyors and Mappers,
235	created under chapter 472.
236	14.15.  Board of Veterinary Medicine, created under chapter
237	474.
238	Section 3.  Section 497.101, Florida Statutes, is amended
239	to read:
240	(Substantial rewording of section. See
241	s. 497.101, F.S., for present text.)
242	497.101  Board of Funeral, Cemetery, and Consumer Services;
243	membership; appointment; terms.--
244	(1)  The Board of Funeral, Cemetery, and Consumer Services
245	is created within the Department of Financial Services and shall
246	consist of 10 members, nine of whom shall be appointed by the
247	Governor from nominations made by the Chief Financial Officer
248	and confirmed by the Senate. The Chief Financial Officer shall
249	nominate three persons for each of the nine vacancies on the
250	board, and the Governor shall fill each vacancy on the board by
251	appointing one of the three persons nominated by the Chief
252	Financial Officer to fill that vacancy. If the Governor objects
253	to each of the three nominations for a vacancy, she or he shall
254	inform the Chief Financial Officer in writing. Upon notification
255	of an objection by the Governor, the Chief Financial Officer
256	shall submit three additional nominations for that vacancy until
257	the vacancy is filled. One member must be the State Health
258	Officer or her or his designee.
259	(2)  Two members of the board must be funeral directors
260	licensed under chapter 470 who are associated with a funeral
261	establishment. One member of the board must be a funeral
262	director licensed under chapter 470 who is associated with a
263	funeral establishment licensed pursuant to chapter 470 which has
264	a valid certificate of authority issued pursuant to this chapter
265	and who owns or operates a cinerator facility approved pursuant
266	to chapters 403 and 470. Two members of the board must be
267	persons whose primary occupation is associated with a cemetery
268	company licensed pursuant to this chapter. Three members of the
269	board must be consumers who are residents of the state who have
270	never been licensed as funeral directors or embalmers and not
271	connected with a cemetery or cemetery company licensed pursuant
272	to this chapter, the death care industry, or the practice of
273	embalming, funeral directing, or direct disposition. One of the
274	consumer members must be at least 60 years of age or older and
275	one must be licensed as a certified public accountant pursuant
276	to chapter 473. One member of the board must be a monument
277	dealer licensed under this chapter. One member must be the State
278	Health Officer or her or his designee.
279	(3)  Board members shall be appointed for terms of 4 years
280	and the State Health Officer shall serve as long as that person
281	holds that office. The designee of the State Health Officer
282	shall serve at the pleasure of the Governor. When the terms of
283	the initial board members expire, the Chief Financial Officer
284	shall stagger the terms of the successor members as follows: one
285	funeral director, one cemetery representative, the monument
286	dealer, and one consumer member shall be appointed for terms of
287	2 years, and the remaining members shall be appointed for terms
288	of 4 years. All subsequent terms shall be for 4 years.
289	(4)  The Governor may suspend any board member for
290	malfeasance or misfeasance, neglect of duty, incompetence,
291	substantial inability to perform official duties, commission of
292	a crime, or other substantial cause as determined by the
293	Governor to evidence a lack of fitness to sit on the board. The
294	Senate may remove any board member for malfeasance or
295	misfeasance, neglect of duty, incompetence, substantial
296	inability to perform official duties, commission of a crime, or
297	other substantial cause as determined by the Senate to lack a
298	fitness to sit on the board. A board member shall be deemed to
299	have resigned her or his board membership, and that position
300	shall be deemed vacant, upon the failure of the member to attend
301	three consecutive meetings of the board or at least half of the
302	meetings of the board during any 12-month period, unless the
303	Chief Financial Officer determines that there was good and
304	adequate justification for the absences and that such absences
305	are not likely to continue.
306	(5)  A current or former board member and a person serving
307	on the board's probable cause panels are exempt from any civil
308	liability for any act or omission when acting in good faith in
309	her or his official capacity, and the Department of Legal
310	Affairs and the Division of Risk Management shall defend such
311	board member in any civil action against such person arising
312	from any such act or omission.
313	(6)  The headquarters and records of the board shall be in
314	the Division of Funeral, Cemetery, and Consumer Services of the
315	Department of Financial Services in Tallahassee. The Chief
316	Financial Officer shall annually appoint from among the board
317	members a chairperson and vice chairperson of the board. The
318	board shall meet at least every 6 months, and more often as it
319	deems necessary. Special meetings of the board shall be convened
320	upon the direction of the Chief Financial Officer. A quorum is
321	necessary for the conduct of business by the board. Unless
322	otherwise provided by law, six board members other than the
323	board's executive director shall constitute a quorum for the
324	conduct of the board's business.
325	(7)  A board member shall be compensated $50 for each day
326	the member attends an official meeting and each day the member
327	participates at the request of the board's executive director in
328	any other business involving the board. To the extent authorized
329	by the s. 112.061, a board member is entitled to reimbursement
330	for expenses incurred in connection with official duties. Out-
331	of-state travel by board members on official business shall in
332	each specific instance require the advance approval of the
333	board's executive director in order for the travel to be
334	eligible for reimbursement of expenses.
335	Section 4.  Section 497.102, Florida Statutes, is created
336	to read:
337	497.102  Authority of the board.--
338	(1)  The board shall enforce and administer the provisions
339	of chapter 470 and this chapter. Notwithstanding s. 455.017, the
340	board shall administer those powers, duties, and functions in
341	chapter 455 which are necessary to enforce the provisions of
342	chapter 470.
343	(2)  For purposes of enforcement of chapter 455 regarding
344	chapter 470, on and after January 1, 2005, references in chapter
345	455 to the Department of Business and Professional Regulation or
346	the secretary of that department shall be read as referring to
347	the Department of Financial Services or the Chief Financial
348	Officer, as the context may indicate to be appropriate.
349	(3)  The Department of Financial Services shall not adopt
350	any rule or publish any notice of proposed rule development as
351	provided in ss. 120.536-120.551 which affects the provisions of
352	chapter 455, chapter 470, or this chapter without first
353	presenting the rule or rules proposed for development to the
354	board for its review and recommendation, if any. This subsection
355	does not apply to emergency rulemaking under s. 120.54(4).
356	Section 5.  Section 497.1021, Florida Statutes, is created
357	to read:
358	497.1021  Division of Funeral, Cemetery, and Consumer
359	Services; duties; oversight and enforcement.--
360	(1)  There is created within the Department of Financial
361	Services the Division of Funeral, Cemetery, and Consumer
362	Services. The division shall enforce the provisions of chapter
363	470 and this chapter and perform such other acts as may be
364	necessary to carry out the provisions of chapter 470 and this
365	chapter.
366	(2)  The division shall provide all services concerning
367	chapter 470 and this chapter, including, but not limited to,
368	recordkeeping, examination, legal, and investigative services.
369	Those services in chapter 455 necessary to perform the duties of
370	chapter 470 shall be provided by the division.
371	(3)  Funds received as a result of settlements with
372	regulated entities and persons may be used by the division for
373	contracting for the training of auditors and the conduct of
374	examinations in order to enhance oversight and enforcement of
375	laws and regulations governing the activities of licensees. All
376	funds received under this subsection shall be deposited in the
377	Regulatory Trust Fund of the department for use only by the
378	division.
379	Section 6.  Section 497.1022, Florida Statutes, is created
380	to read:
381	497.1022  Director of the Division of Funeral, Cemetery,
382	and Consumer Services.--
383	(1)  The office of the Director of the Division of Funeral,
384	Cemetery, and Consumer Services is created. The director is the
385	agency head of the division. The director shall be appointed by
386	the Chief Financial Officer and shall serve at the pleasure of
387	the Chief Financial Officer.
388	(2)  The director shall be responsible for preparation of
389	the board agenda, presentation of division staff
390	recommendations, and reports of the activities of the division
391	to the board and shall serve as the executive director of the
392	board and perform such other duties as may be assigned by the
393	Chief Financial Officer.
394	Section 7.  Section 455.2226, Florida Statutes, is
395	renumbered as section 470.0145, Florida Statutes, and amended to
396	read:
397	470.0145 455.2226  Funeral directors and embalmers;
398	instruction on HIV and AIDS.--
399	(1)  The Board of Funeral, Cemetery, and Consumer Services
400	Funeral Directors and Embalmers shall require each person
401	licensed or registered certified under this chapter 470 to
402	complete a continuing educational course, approved by the board,
403	on human immunodeficiency virus and acquired immune deficiency
404	syndrome as part of biennial relicensure or reregistration
405	recertification. The course shall consist of education on the
406	modes of transmission, infection control procedures, clinical
407	management, and prevention of human immunodeficiency virus and
408	acquired immune deficiency syndrome. Such course shall include
409	information on current Florida law on acquired immune deficiency
410	syndrome and its impact on testing, confidentiality of test
411	results, and treatment of patients.
412	(2)  Each such licensee or registrant certificateholder
413	shall submit confirmation of having completed said course, on a
414	form as provided by the board, when submitting fees for each
415	biennial renewal.
416	(3)  The board shall have the authority to approve
417	additional equivalent courses that may be used to satisfy the
418	requirements in subsection (1) and . Each licensing board that
419	requires a licensee to complete an educational course pursuant
420	to this section may count the hours required for completion of
421	the course included in the total continuing educational
422	requirements as required by law.
423	(4)  Any person holding two or more licenses or
424	registrations subject to the provisions of this section shall be
425	permitted to show proof of having taken one board-approved
426	course on human immunodeficiency virus and acquired immune
427	deficiency syndrome, for purposes of relicensure or
428	recertification for additional licenses or registrations.
429	(5)  Failure to comply with the above requirements shall
430	constitute grounds for disciplinary action under each respective
431	licensing chapter and s. 470.036 455.227(1)(e). In addition to
432	discipline by the board, the licensee shall be required to
433	complete said course.
434	(6)  The board shall require as a condition of granting a
435	license or registration under this chapter the chapters
436	specified in subsection (1) that an applicant making initial
437	application for licensure or registration complete an
438	educational course acceptable to the board on human
439	immunodeficiency virus and acquired immune deficiency syndrome.
440	An applicant who has not taken a course at the time of licensure
441	or registration shall, upon an affidavit showing good cause, be
442	allowed 6 months to complete this requirement.
443	(7)  The board shall have the authority to adopt rules to
444	carry out the provisions of this section.
445	(8)  The board shall report to the Legislature by March 1
446	of each year as to the implementation and compliance with the
447	requirements of this section.
448	Section 8.  Section 497.105, Florida Statutes, is amended
449	to read:
450	497.105  Department; powers and duties.--The department
451	shall:
452	(1)  Adopt rules establishing procedures for the renewal of
453	licenses, registrations, and certificates of authority.
454	(2)  Appoint the executive director of the Board of Funeral
455	and Cemetery Services, subject to the approval of the board.
456	(2)(3)  With the advice of the board, submit a biennial
457	budget to the Legislature at a time and in the manner provided
458	by law.
459	(3)(4)  Develop a training program for persons newly
460	appointed to membership on the board. The program shall
461	familiarize such persons with the substantive and procedural
462	laws and rules which relate to the regulation under chapter 470
463	and this chapter and with the structure of the department.
464	(4)(5)  Adopt rules pursuant to ss. 120.536(1) and 120.54
465	to implement the provisions of this chapter conferring duties
466	upon it.
467	(5)(6)  Establish by rule procedures by which the
468	department shall use the expert or technical advice of the
469	board, for the purposes of investigation, inspection, audit,
470	evaluation of applications, other duties of the department, or
471	any other areas the department may deem appropriate.
472	(6)(7)  Require all proceedings of the board or panels
473	thereof within the department and all formal or informal
474	proceedings conducted by the department, an administrative law
475	judge, or a hearing officer with respect to licensing,
476	registration, certification, or discipline to be electronically
477	recorded in a manner sufficient to ensure the accurate
478	transcription of all matters so recorded.
479	(7)(8)  Select only those investigators approved by the
480	board. Such investigators shall report to and work in
481	coordination with the executive director of the board and are
482	responsible for all inspections and investigations other than
483	financial examinations.
484	Section 9.  All duties performed by the Secretary of
485	Business and Professional Regulation under chapter 470, Florida
486	Statutes, shall be performed by the Chief Financial Officer
487	under the provisions of this act and may be delegated by the
488	Chief Financial Officer to the Director of the Division of the
489	Funeral, Cemetery, and Consumer Services.
490	Section 10.  (1)(a)  All of the statutory powers, duties,
491	and functions, records, personnel, property, and unexpended
492	balances of appropriations, allocations, or other funds for the
493	administration of chapter 470, Florida Statutes, related to the
494	Board of Funeral Directors and Embalmers shall be transferred by
495	a type two transfer, as defined in s. 20.06(2), Florida
496	Statutes, from the Department of Business and Professional
497	Regulation to the Board of Funeral, Cemetery, and Consumer
498	Services within the Department of Financial Services.
499	(b)  Notwithstanding the transfers provided in paragraph
500	(a), all licenses issued pursuant to chapter 470, Florida
501	Statutes, must be processed, issued, and maintained through the
502	Department of Business and Professional Regulation's licensing
503	system. The Department of Financial Services shall reimburse the
504	Department of Business and Professional Regulation for the
505	contract costs associated with the licensing system.
506	(c)  The transfer of regulatory authority over chapter 470,
507	Florida Statutes, provided by this act shall not affect the
508	validity of any judicial or administrative action involving the
509	Board of Funeral Directors and Embalmers or the Department of
510	Business and Professional Regulation pending on December 31,
511	2004, and the Department of Financial Services or the Board of
512	Funeral, Cemetery, and Consumer Services shall be substituted as
513	a party in interest in any such action.
514	(d)  Notwithstanding the transfer of regulatory authority
515	over chapter 470, Florida Statutes, provided by this act, all
516	licenses and registrations issued pursuant to chapter 470,
517	Florida Statutes, that are valid on December 31, 2004, shall
518	remain in effect subject to the provisions of chapters 470 and
519	455, Florida Statutes.
520	(e)  The rules of the Board of Funeral Directors and
521	Embalmers and the Department of Business and Professional
522	Regulation which were in effect on midnight, December 31, 2004,
523	shall become the rules of the Department of Financial Services
524	as is appropriate to the corresponding regulatory function and
525	shall remain in effect until specifically amended or repealed in
526	the manner provided by law.
527	(2)(a)  All of the statutory powers, duties, and functions,
528	records, personnel, property, and unexpended balances of
529	appropriations, allocations, or other funds for the
530	administration of chapter 497, Florida Statutes, related to the
531	Board of Funeral and Cemetery Services shall be transferred by a
532	type two transfer, as defined in s. 20.06(2), Florida Statutes,
533	to the Board of Funeral, Cemetery, and Consumer Services within
534	the Department of Financial Services.
535	(b)  The transfer of regulatory authority over chapter 497,
536	Florida Statutes, provided by this act shall not affect the
537	validity of any judicial or administrative action involving the
538	Board of Funeral and Cemetery Services pending on December 31,
539	2004, and the Board of Funeral, Cemetery, and Consumer Services
540	shall be substituted as a party in interest in any such action.
541	(c)  Notwithstanding the transfer of regulatory authority
542	over chapter 497, Florida Statutes, provided by this act, all
543	licenses and registrations issued pursuant to chapter 497,
544	Florida Statutes, which are valid on December 31, 2004, shall
545	remain in effect subject to the provisions of chapter 497,
546	Florida Statutes.
547	(d)  The rules of the Board of Funeral and Cemetery
548	Services which were in effect on midnight, December 31, 2004,
549	shall become the rules of the Board of Funeral, Cemetery, and
550	Consumer Services  and shall remain in effect until specifically
551	amended or repealed in the manner provided by law.
552	Section 11.  Effective midnight December 31, 2004, the
553	Board of Funeral and Cemetery Services and the Board of Funeral
554	Directors and Embalmers are abolished.
555	Section 12.  Sections 470.003, 497.107, and 497.109,
556	Florida Statutes, are repealed.
557	Section 13.  Section 470.0365, Florida Statutes, is created
558	to read:
559	470.0365  Disposition of fees and penalties.--All fees and
560	penalties collected pursuant to this chapter shall be deposited
561	in the Regulatory Trust Fund of the department.
562	Section 14.  The Legislature recognizes that there is a
563	need to conform the Florida Statutes to the policy decisions
564	reflected in the provisions of this act. The Division of
565	Statutory Revision is directed to provide the relevant
566	substantive committees of the Senate and the House of
567	Representatives with assistance, upon request, to enable such
568	committees to prepare draft legislation to conform the Florida
569	Statutes to the provisions of this act.
570	Section 15.  Section 470.002, Florida Statutes, is amended
571	to read:
572	470.002  Definitions.--As used in this chapter:
573	(1)(15)  "Alternative container" means a nonmetal
574	receptacle or enclosure which is less expensive than a casket
575	and of sufficient strength to be used to hold and transport a
576	dead human body.
577	(2)(22)  "At-need solicitation" means any uninvited contact
578	by a funeral director or direct disposer for the purpose of the
579	sale of funeral services or merchandise to the family or next of
580	kin of a person after that person has died.
581	(3)(2)  "Board" means the Board of Funeral, Cemetery, and
582	Consumer Services Funeral Directors and Embalmers.
583	(4)  "Body parts" means:
584	(a)  Limbs or other portions of the anatomy that are
585	removed from a person or human remains for medical purposes
586	during treatment, surgery, biopsy, autopsy, or medical research;
587	or
588	(b)  Human bodies or any portions of human bodies which
589	have been donated to science for medical research purposes.
590	(5)(16)  "Casket" means a rigid container which is designed
591	for the encasement of human remains for burial, and which is
592	usually constructed of wood or metal, ornamented, and lined with
593	fabric, and which may or may not be combustible.
594	(6)(27)  "Centralized embalming facility" means a facility,
595	not physically connected with a funeral establishment, in which
596	embalming takes place.
597	(7)(14)  "Cinerator" means a facility where dead human
598	bodies are reduced to a residue, including bone fragments, by
599	direct flame, also known as "cremation," or by intense heat,
600	also known as "calcination."
601	(8)  "Closed container" means any container in which
602	cremated remains can be placed and closed in a manner so as to
603	prevent leakage or spillage of the remains.
604	(9)  "Cremated remains" means all the remains of the human
605	body recovered after the completion of the cremation process,
606	including processing or pulverization which leaves only bone
607	fragments reduced to unidentifiable dimensions and may include
608	the residue of any foreign matter, including casket material,
609	bridgework, or eyeglasses that were cremated with the human
610	remains.
611	(10)(24)  "Cremation" means the technical process, using
612	direct flame and heat or chemical means, that reduces human
613	remains to bone fragments through heat and evaporation.
614	Cremation includes the processing and usually includes the
615	pulverization of the bone fragments includes any mechanical or
616	thermal process whereby a dead human body is reduced to ashes
617	and bone fragments. Cremation also includes any other mechanical
618	or thermal process whereby human remains are pulverized, burned,
619	recremated, or otherwise further reduced in size or quantity.
620	(11)  "Cremation chamber" means the enclosed space within
621	which the cremation process takes place. Cremation chambers
622	covered by these procedures must be used exclusively for the
623	cremation of human remains.
624	(12)  "Cremation container" means the container in which
625	the human remains are transported to and placed in the cremation
626	chamber for a cremation. A cremation container should meet
627	substantially all of the following standards:
628	(a)  Be composed of readily combustible materials suitable
629	for cremation.
630	(b)  Be able to be closed in order to provide a complete
631	covering for the human remains.
632	(c)  Be resistant to leakage or spillage.
633	(d)  Be rigid enough to be handled with ease.
634	(e)  Be able to provide protection for the health, safety,
635	and personal integrity of crematory personnel.
636	(13)  "Cremation interment container" means a rigid outer
637	container that, subject to a cemetery's rules and regulations,
638	is composed of concrete, steel, fiberglass, or some similar
639	material in which an urn is placed prior to being interred in
640	the ground and that is designed to support the earth above the
641	urn.
642	(14)(1)  "Department" means the Department of Financial
643	Services Business and Professional Regulation.
644	(15)(8)  "Direct disposal establishment" means a facility
645	registered under this chapter where a direct disposer practices
646	direct disposition.
647	(16)(9)  "Direct disposer" means any person registered
648	under this chapter to practice direct disposition in this state.
649	(17)(28)  "Disinterment" means removal of a dead human body
650	from earth interment or aboveground interment.
651	(18)(5)  "Embalmer" means any person licensed under this
652	chapter to practice embalming in this state.
653	(19)(11)  "Final disposition" means the final disposal of a
654	dead human body by earth interment, aboveground interment,
655	cremation, burial at sea, or delivery to a medical institution
656	for lawful dissection if the medical institution assumes
657	responsibility for disposal. "Final disposition" does not
658	include the disposal or distribution of ashes and residue of
659	cremated human remains.
660	(20)(13)  "Funeral" or "funeral service" means the
661	observances, services, or ceremonies held to commemorate the
662	life of a specific deceased human being, and at which the human
663	remains are present.
664	(21)(3)  "Funeral director" means any person licensed under
665	this chapter to practice funeral directing in this state.
666	(22)(7)  "Funeral establishment" means a facility licensed
667	under this chapter where a funeral director or embalmer
668	practices funeral directing or embalming.
669	(23)(12)  "Funeral merchandise" or "merchandise" means any
670	merchandise commonly sold in connection with the funeral, final
671	disposition, or memorialization of human remains, including, but
672	not limited to, caskets, outer burial containers, alternative
673	containers, cremation containers, cremation interment
674	containers, urns, monuments, private mausoleums, flowers,
675	shrubs, benches, vases, acknowledgment cards, register books,
676	memory folders, prayer cards, and clothing.
677	(24)(23)  "Human remains" or "remains," "dead human body"
678	or "dead human bodies," means the body of a deceased human
679	person for which a death certificate or fetal death certificate
680	is required under chapter 382 and includes the body in any stage
681	of decomposition and the residue of cremated human bodies.
682	(25)(18)  "Legally authorized person" means, in the
683	priority listed, the decedent, when written inter vivos
684	authorizations and directions are provided by the decedent, the
685	surviving spouse, unless the spouse has been arrested for
686	committing against the deceased an act of domestic violence as
687	defined in s. 741.28 that resulted in or contributed to the
688	death of the deceased, a son or daughter who is 18 years of age
689	or older, a parent, a brother or sister 18 years of age or over,
690	a grandchild who is 18 years of age or older, or a grandparent;
691	or any person in the next degree of kinship. In addition, the
692	term may include, if no family exists or is available, the
693	following: the guardian of the dead person at the time of death;
694	the personal representative of the deceased; the attorney in
695	fact of the dead person at the time of death; the health
696	surrogate of the dead person at the time of death; a public
697	health officer; the medical examiner, county commission or
698	administrator acting under part II of chapter 406, or other
699	public administrator; a representative of a nursing home or
700	other health care institution in charge of final disposition; or
701	a friend or other person not listed in this subsection who is
702	willing to assume the responsibility as authorized person. When
703	there is a person in any priority class listed in this
704	subsection, the funeral establishment shall rely upon the
705	authorization of any one legally authorized person of that class
706	if that individual represents that he or she is not aware of any
707	objection to the cremation of the deceased's human remains by
708	others in the same class of the person making the representation
709	or of any person in a higher priority class.
710	(26)  "Niche" means a compartment or cubicle for the
711	memorialization or permanent placement of a container or urn
712	containing cremated remains.
713	(27)(19)  "Outer burial container" means an enclosure into
714	which a casket is placed, including, but not limited to, a vault
715	made of concrete, steel, fiberglass, or copper, a sectional
716	concrete enclosure, a crypt, or a wooden enclosure.
717	(28)(20)  "Personal residence" means any residential
718	building in which one temporarily or permanently maintains his
719	or her abode, including, but not limited to, an apartment or a
720	hotel, motel, nursing home, convalescent home, home for the
721	aged, or a public or private institution.
722	(29)(10)  "Practice of direct disposition" means the
723	cremation of human remains without preparation of the human
724	remains by embalming and without any attendant services or rites
725	such as funeral or graveside services or the making of
726	arrangements for such final disposition.
727	(30)(6)  "Practice of embalming" means disinfecting or
728	preserving or attempting to disinfect or preserve dead human
729	bodies by replacing certain body fluids with preserving and
730	disinfecting chemicals.
731	(31)(4)  "Practice of funeral directing" means the
732	performance by a licensed funeral director of any of those
733	functions authorized by s. 470.0087.
734	(32)(21)  "Preneed sales agent" means any person who is
735	registered under chapter 497 to sell preneed burial or funeral
736	service and merchandise contracts or direct disposition
737	contracts in this state.
738	(33)  "Processing" means the reduction of identifiable bone
739	fragments after the completion of the cremation process to
740	unidentifiable bone fragments by manual means.
741	(34)  "Pulverization" means the reduction of identifiable
742	bone fragments after the completion of the cremation and
743	processing to granulated particles by manual or mechanical
744	means.
745	(35)(25)  "Refrigeration facility" means a facility that is
746	not physically connected with a funeral establishment, crematory
747	or direct disposal establishment, that maintains space and
748	equipment for the storage and refrigeration of dead human
749	bodies, and that offers its service to funeral directors and
750	funeral establishments for a fee.
751	(36)(26)  "Removal service" means any service that operates
752	independently of a funeral establishment, that handles the
753	initial removal of dead human bodies, and that offers its
754	service to funeral establishments and direct disposal
755	establishments for a fee.
756	(37)(17)  "Solicitation" means any communication which
757	directly or implicitly requests an immediate oral response from
758	the recipient.
759	(38)  "Temporary container" means a receptacle for cremated
760	remains usually made of cardboard, plastic, or similar material
761	designated to hold the cremated remains until an urn or other
762	permanent container is acquired.
763	(39)  "Urn" means a receptacle designed to permanently
764	encase cremated remains.
765	Section 16.  Section 470.0085, Florida Statutes, is amended
766	to read:
767	470.0085  Establishment of embalmer apprentice
768	program.--The board may adopt rules establishing an embalmer
769	The board may adopt rules establishing an embalmer apprentice
770	program. An embalmer apprentice may perform only those tasks,
771	functions, and duties relating to embalming which are performed
772	under the direct supervision of a licensed embalmer. An embalmer
773	apprentice shall be eligible to serve in an apprentice capacity
774	for a period not to exceed 3 years 1 year as may be determined
775	by board rule or for a period not to exceed 5 3 years if the
776	apprentice is enrolled in and attending a course in mortuary
777	science or funeral service education at any mortuary college or
778	funeral service education college or school. An embalmer
779	apprentice shall be registered with the board upon payment of a
780	registration fee not to exceed $50.
781	Section 17.  Subsection (1) of section 470.015, Florida
782	Statutes, is amended to read:
783	470.015  Renewal of funeral director and embalmer
784	licenses.--
785	(1)  The department shall renew a funeral director or
786	embalmer license upon receipt of the renewal application and fee
787	set by the board not to exceed $250. The board may prescribe by
788	rule continuing education requirements of up to 12 classroom
789	hours and may by rule establish criteria for accepting
790	alternative nonclassroom continuing education on an hour-for-
791	hour basis, in addition to a board-approved course on
792	communicable diseases that includes the course on human
793	immunodeficiency virus and acquired immune deficiency syndrome
794	required by s. 470.0145 455.2226, for the renewal of a funeral
795	director or embalmer license. The board may provide for the
796	waiver of continuing education requirements in circumstances
797	that would justify the waiver, such as hardship, disability, or
798	illness. The continuing education requirement is not required
799	after July 1, 1996, for a licensee who is over the age of 75
800	years if the licensee does not qualify as the sole person in
801	charge of an establishment or facility.
802	Section 18.  Subsection (2) of section 470.018, Florida
803	Statutes, is amended to read:
804	470.018  Renewal of registration of direct disposer.--
805	(2)  The department shall adopt rules establishing a
806	procedure for the biennial renewal of registrations. The board
807	shall prescribe by rule continuing education requirements of up
808	to 6 3 classroom hours and may by rule establish criteria for
809	accepting alternative nonclassroom continuing education on an
810	hour-for-hour basis, in addition to a board-approved course on
811	communicable diseases that includes the course on human
812	immunodeficiency virus and acquired immune deficiency syndrome
813	required by s. 470.0145 455.2226, for the renewal of a
814	registration.
815	Section 19.  Subsections (2) and (5) of section 470.021,
816	Florida Statutes, are amended to read:
817	470.021  Direct disposal establishment; standards and
818	location; registration.--
819	(2)  The practice of direct disposition must be engaged in
820	at a fixed location of at least 625 interior contiguous square
821	feet and must maintain or make arrangements for suitable
822	capacity for the refrigeration and storage of dead human bodies
823	handled and stored by the establishment. No person may open or
824	maintain an establishment at which to engage in or hold himself
825	or herself out as engaging in the practice of direct disposition
826	unless such establishment is registered with the board. Any
827	change in location of such establishment shall be reported
828	promptly to the board as prescribed by rule of the board.
829	(5)(a)  Each direct disposal establishment shall at all
830	times be subject to the inspection of all its buildings,
831	grounds, and vehicles used in the conduct of its business, by
832	the department, the Department of Health, and local government
833	inspectors and by their agents. The board shall adopt rules
834	which establish such inspection requirements.
835	(b)  The board shall set by rule an annual inspection fee
836	not to exceed $100, payable upon application for registration
837	and upon each renewal of such registration.
838	(c)  Each cinerator facility shall be inspected prior to
839	the issuance and renewal of its license and shall:
840	1.  Maintain one or more retorts for the reduction of dead
841	human bodies.
842	2.  Maintain refrigeration which satisfies the standards
843	set by the Department of Health and which contains a sufficient
844	number of shelves for the average daily number of bodies stored,
845	if unembalmed bodies are kept at the site.
846	3.  Maintain sufficient pollution control equipment to
847	comply with requirements of the Department of Environmental
848	Protection in order to secure annual approved certification.
849	4.  Either have on site or immediately available sufficient
850	sealed containers of a type required for the transportation of
851	bodies.
852	5.  Maintain the premises in a clean and sanitary
853	condition.
854	6.  Have appropriate Department of Environmental Protection
855	permits.
856	7.  Retain all signed contracts for a period of at least 2
857	years.
858	Section 20.  Subsection (1) of section 470.024, Florida
859	Statutes, is amended to read:
860	470.024  Funeral establishment; licensure.--
861	(1)  A funeral establishment shall be a place at a specific
862	street address or location consisting of at least 1,250
863	contiguous interior square feet and must maintain or make
864	arrangements for either suitable capacity for the refrigeration
865	and storage of dead human bodies handled and stored by the
866	establishment and or a preparation room equipped with necessary
867	ventilation and drainage and containing necessary instruments
868	for embalming dead human bodies or must make arrangements for a
869	preparation room as established by board rule.
870	Section 21.  Subsections (6), (13), (14), and (15) of
871	section 470.025, Florida Statutes, are amended, and subsection
872	(16) is added to said section, to read:
873	470.025  Cinerator facility; licensure.--
874	(6)  No more than one dead human body may be placed in a
875	retort at one time, unless written permission has been received
876	from a legally authorized person for each body. The operator of
877	a cinerator facility shall be entitled to rely on the permission
878	of a legally authorized person to cremate more than one human
879	body.
880	(13)  A cinerator facility shall not place human remains or
881	body parts in a retort or cremation chamber unless the human
882	remains are in an alternative container, cremation container, or
883	casket. Human remains may be transported in a cremation
884	container or stored if they are completely covered, and at all
885	times treated with dignity and respect. Cremation may include
886	the processing and pulverization of bone fragments. Cremated
887	remains may be placed in a temporary container following
888	cremation. None of the provisions contained in this subsection
889	require the purchase of a casket for cremation. This subsection
890	applies to at-need contracts and preneed contracts entered into
891	pursuant to chapter 497 after June 1, 1996.
892	(14)  Each cinerator facility shall ensure that all
893	alternative containers, cremation containers, or caskets used
894	for cremation contain no amount of chlorinated plastics not
895	authorized by the Department of Environmental Protection, that
896	they also are composed of readily combustible materials suitable
897	for cremation, able to be closed to provide a complete covering
898	for the human remains, resistant to leakage or spillage, rigid
899	enough for handling with ease, and able to provide for the
900	health, safety, and personal integrity of the public and
901	crematory personnel.
902	(15)  The board shall adopt, by rule, criteria for
903	acceptable cremation and alternative containers.
904	(16)  The operator of a cinerator facility shall establish
905	written procedures for the removal of remains and bone
906	fragments, to the extent possible, resulting from the cremation
907	of a human body and the postcremation processing, shipping,
908	packing, or identifying of those remains. If an operator follows
909	these procedures, the operator is not liable for the
910	unintentional or incidental commingling of human remains and
911	bone fragments resulting from more than one cremation cycle or
912	from postcremation processing, shipping, packing, or identifying
913	of those remains. A copy of the procedures shall be available,
914	upon request, to the department and legally authorized persons.
915	Section 22.  Subsection (3) is added to section 470.0255,
916	Florida Statutes, to read:
917	470.0255  Cremation; procedure required.--
918	(3)  Pursuant to the request of a legally authorized person
919	and incidental to final disposition, cremation may be performed
920	on parts of human remains. This subsection does not authorize
921	the cremation of body parts as defined in s. 470.002.
922	Section 23.  Section 470.028, Florida Statutes, is amended
923	to read:
924	470.028  Preneed sales; registration of agents; control and
925	supervision of agents.--
926	(1)  All sales of preneed funeral service contracts or
927	direct disposition contracts shall be made pursuant to chapter
928	497.
929	(2)  No person may act as an agent for a funeral
930	establishment or direct disposal establishment with respect to
931	the sale of preneed contracts unless such person is registered
932	pursuant to chapter 497.
933	(3)  Each licensee or registrant shall be subject to
934	discipline if his or her agent violates any provision of this
935	chapter applicable to such licensee or registrant as established
936	by board rule.
937	(4)(a)  The funeral director in charge of a funeral
938	establishment shall be responsible for the control and
939	activities of the establishment's preneed agents.
940	(b)  The direct disposer in charge or a funeral director
941	acting as a direct disposer in charge of a direct disposal
942	establishment shall be responsible for the control and
943	activities of the establishment's preneed agents.
944	Section 24.  Subsection (1) of section 470.029, Florida
945	Statutes, is amended to read:
946	470.029  Reports of cases embalmed and bodies handled.--
947	(1)  Each funeral establishment, direct disposal
948	establishment, cinerator facility, and centralized embalming
949	facility shall report on a form prescribed and furnished by the
950	department the name of the deceased and such other information
951	as may be required with respect to each dead human body embalmed
952	or otherwise handled by the establishment or facility. Such
953	forms shall be signed by the embalmer who performs the
954	embalming, if the body is embalmed, and the funeral director in
955	charge of the establishment or facility or by the direct
956	disposer who disposes of the body. The board shall prescribe by
957	rule the procedures in submitting such documentation. Reports
958	required by this subsection shall be filed by the 20th 10th day
959	of each month for final dispositions handled the preceding
960	month.
961	Section 25.  Section 470.031, Florida Statutes, is amended
962	to read:
963	470.031  Prohibitions; penalties.--
964	(1)  No person may:
965	(a)  Practice funeral directing, embalming, or direct
966	disposition unless the person holds an active license or
967	registration under this chapter.
968	(b)  Use the name or title "funeral director," "embalmer,"
969	or "direct disposer" when the person has not been licensed or
970	registered pursuant to this chapter.
971	(c)  Represent as his or her own the license or
972	registration of another.
973	(d)  Give false or forged evidence to the board, a member
974	thereof, or the department for the purpose of obtaining a
975	license or registration.
976	(e)  Use or attempt to use a license or registration which
977	has been suspended or revoked.
978	(f)  Knowingly employ unlicensed persons in the practice of
979	funeral directing, embalming, or direct disposing.
980	(g)  Knowingly conceal information relative to violations
981	of this chapter.
982	(h)  Operate an unlicensed cinerator facility.
983	(i)  Except as provided for in chapter 497, guarantee the
984	price of goods and services at a future date.
985	(2)  Any person who violates the provisions of this section
986	commits a misdemeanor of the second degree, punishable as
987	provided in s. 775.082 or s. 775.083.
988	Section 26.  Section 470.0355, Florida Statutes, is amended
989	to read:
990	470.0355  Identification of human remains.--
991	(1)  PRIOR TO FINAL DISPOSITION.--
992	(a)(1)  The licensee or registrant in charge of the final
993	disposition of dead human remains shall, prior to final
994	disposition of such dead human remains, affix on the ankle or
995	wrist of the deceased, and or in the casket or alternative
996	container or cremation container, proper identification of the
997	dead human remains. The identification or tag shall be encased
998	in or consist of durable and long-lasting material containing
999	the name, date of birth, and date of death, and social security
1000	number of the deceased, if available. If the dead human remains
1001	are cremated, proper identification shall be placed in the
1002	container or urn containing the remains.
1003	(b)(2)  Any licensee or registrant responsible for removal
1004	of dead human remains to any establishment, facility, or
1005	location shall ensure that the remains are identified by a tag
1006	or other means of identification that is affixed to the ankle or
1007	wrist of the deceased at the time the remains are removed from
1008	the place of death or other location.
1009	(c)(3)  Any licensee or registrant may rely on the
1010	representation of a legally authorized person to establish the
1011	identity of dead human remains.
1012	(2)  IN UNLICENSED CEMETERIES.--Effective April 1, 2005,
1013	the identification of human remains interred in an unlicensed
1014	cemetery shall be the responsibility of the licensed funeral
1015	establishment in charge of the funeral arrangements for the
1016	deceased person. The licensed funeral establishment in charge of
1017	the funeral arrangements for the interment in an unlicensed
1018	cemetery of human remains shall place on the outer burial
1019	container, cremation internment container, or other container or
1020	on the inside of a crypt or niche a tag or permanent identifying
1021	mark containing the name of the decedent and the date of death,
1022	if available. The materials and locations of the tag or mark
1023	shall be more specifically described by the rule of the board.
1024	(3)  IN LICENSED CEMETERIES.--Effective April 1, 2005,
1025	human remains at licensed cemeteries shall be identified as
1026	follows:
1027	(a)  Each licensed cemetery shall place on the outer burial
1028	container, cremation interment container, or other container or
1029	on the inside of a crypt or niche a tag or permanent identifying
1030	marker containing the name of the decedent and the date of
1031	death, if available. The materials and the location of the tag
1032	or marker shall be more specifically described by rule of the
1033	board.
1034	(b)  Each licensed cemetery may rely entirely on the
1035	identity stated on the burial transit permit or on the
1036	identification supplied by a person licensed under chapter 470
1037	to establish the identity of the dead human remains delivered by
1038	such person for burial and shall not be liable for any
1039	differences between the identity shown on the burial transit
1040	permit or identification and the actual identity of the dead
1041	human remains delivered by such person and buried in the
1042	cemetery.
1043	(4)  DIRECT DISPOSAL ESTABLISHMENTS.--Direct disposal
1044	establishments shall establish a system of identification of
1045	human remains received which shall be designed to track the
1046	identity of the remains from the time of receipt until delivery
1047	of the remains to the authorized persons. This is in addition to
1048	the requirements for identification of human remains set forth
1049	in subsection (1). A copy of the identification procedures shall
1050	be available, upon request, to the department and legally
1051	authorized persons.
1052	Section 27.  For the purpose of incorporating the amendment
1053	to section 470.031, Florida Statutes, in a reference thereto,
1054	paragraph (a) of subsection (1) of section 470.036, Florida
1055	Statutes, is reenacted to read:
1056	470.036  Disciplinary proceedings.--
1057	(1)  The following acts constitute grounds for which the
1058	disciplinary actions in subsection (2) may be taken:
1059	(a)  Violation of any provision of s. 455.227(1) or s.
1060	470.031.
1061	Section 28.  Section 497.005, Florida Statutes, is amended
1062	to read:
1063	497.005  Definitions.--As used in this chapter:
1064	(1)  "At-need solicitation" means any uninvited contact by
1065	a licensee or her or his agent for the purpose of the sale of
1066	burial services or merchandise to the family or next of kin of a
1067	person after her or his death has occurred.
1068	(2)  "Bank of belowground crypts" means any construction
1069	unit of belowground crypts which is acceptable to the department
1070	and which a cemetery uses to initiate its belowground crypt
1071	program or to add to existing belowground crypt structures.
1072	(3)  "Belowground crypts" consist of interment space in
1073	preplaced chambers, either side by side or multiple depth,
1074	covered by earth and sod and known also as "lawn crypts,"
1075	"westminsters," or "turf-top crypts."
1076	(4)  "Board" means the Board of Funeral, Cemetery, and
1077	Consumer Services Funeral and Cemetery Services.
1078	(5)  "Burial merchandise," "funeral merchandise," or
1079	"merchandise" means any personal property offered or sold by any
1080	person for use in connection with the final disposition,
1081	memorialization, interment, entombment, or inurnment of human
1082	remains.
1083	(6)  "Burial right" means the right to use a grave space,
1084	mausoleum, columbarium, ossuary, or scattering garden for the
1085	interment, entombment, inurnment, or other disposition of human
1086	remains.
1087	(7)  "Burial service," "funeral service," or "service"
1088	means any service offered or provided by any person in
1089	connection with the final disposition, memorialization,
1090	interment, entombment, or inurnment of human remains.
1091	(8)  "Care and maintenance" means the perpetual process of
1092	keeping a cemetery and its lots, graves, grounds, landscaping,
1093	roads, paths, parking lots, fences, mausoleums, columbaria,
1094	vaults, crypts, utilities, and other improvements, structures,
1095	and embellishments in a well-cared-for and dignified condition,
1096	so that the cemetery does not become a nuisance or place of
1097	reproach and desolation in the community. As specified in the
1098	rules of the board, "care and maintenance" may include, but is
1099	not limited to, any or all of the following activities: mowing
1100	the grass at reasonable intervals; raking and cleaning the grave
1101	spaces and adjacent areas; pruning of shrubs and trees;
1102	suppression of weeds and exotic flora; and maintenance, upkeep,
1103	and repair of drains, water lines, roads, buildings, and other
1104	improvements. "Care and maintenance" may include, but is not
1105	limited to, reasonable overhead expenses necessary for such
1106	purposes, including maintenance of machinery, tools, and
1107	equipment used for such purposes. "Care and maintenance" may
1108	also include repair or restoration of improvements necessary or
1109	desirable as a result of wear, deterioration, accident, damage,
1110	or destruction. "Care and maintenance" does not include expenses
1111	for the construction and development of new grave spaces or
1112	interment structures to be sold to the public.
1113	(9)  "Casket" means a rigid container which is designed for
1114	the encasement of human remains, and which is usually
1115	constructed of wood or metal, ornamented, and lined with fabric,
1116	and which may or may not be combustible.
1117	(10)  "Cemetery" means a place dedicated to and used or
1118	intended to be used for the permanent interment of human
1119	remains. A cemetery may contain land or earth interment;
1120	mausoleum, vault, or crypt interment; a columbarium, ossuary,
1121	scattering garden, or other structure or place used or intended
1122	to be used for the interment or disposition of cremated human
1123	remains; or any combination of one or more of such structures or
1124	places.
1125	(11)  "Cemetery company" means any legal entity that owns
1126	or controls cemetery lands or property.
1127	(12)  "Certificateholder" or "licensee" means the person or
1128	entity that is authorized under this chapter to sell preneed
1129	funeral or burial services, preneed funeral or burial
1130	merchandise, or burial rights. Each term shall include the
1131	other, as applicable, as the context requires. For the purposes
1132	of chapter 120, all certificateholders, licensees, and
1133	registrants shall be considered licensees.
1134	(13)  "Columbarium" means a structure or building which is
1135	substantially exposed above the ground and which is intended to
1136	be used for the inurnment of cremated human remains.
1137	(14)  "Common business enterprise" means a group of two or
1138	more business entities that share common ownership in excess of
1139	50 percent.
1140	(15)  "Cremation" means the technical process, using direct
1141	flame and heat or chemical means, that reduces human remains to
1142	bone fragments through heat and evaporation. Cremation includes
1143	the processing and usually includes the pulverization of the
1144	bone fragments includes any mechanical or thermal process
1145	whereby a dead human body is reduced to ashes. Cremation also
1146	includes any other mechanical or thermal process whereby human
1147	remains are pulverized, burned, recremated, or otherwise further
1148	reduced in size or quantity.
1149	(16)  "Department" means the Department of Financial
1150	Services.
1151	(17)  "Direct disposer" means any person who is registered
1152	in this state to practice direct disposition pursuant to the
1153	provisions of chapter 470.
1154	(18)  "Director" means the director of the Division of
1155	Funeral, Cemetery, and Consumer Services.
1156	(19)  "Division" means the Division of Funeral, Cemetery,
1157	and Consumer Services within the Department of Financial
1158	Services.
1159	(20)(18)  "Final disposition" means the final disposal of a
1160	dead human body whether by interment, entombment, burial at sea,
1161	cremation, or any other means and includes, but is not limited
1162	to, any other disposition of remains for which a segregated
1163	charge is imposed.
1164	(21)(19)  "Funeral director" means any person licensed in
1165	this state to practice funeral directing pursuant to the
1166	provisions of chapter 470.
1167	(22)(20)  "Grave space" means a space of ground in a
1168	cemetery intended to be used for the interment in the ground of
1169	human remains.
1170	(23)(21)  "Human remains" means the bodies of deceased
1171	persons and includes bodies in any stage of decomposition and
1172	cremated remains.
1173	(24)(22)  "Mausoleum" means a structure or building which
1174	is substantially exposed above the ground and which is intended
1175	to be used for the entombment of human remains.
1176	(25)(23)  "Mausoleum section" means any construction unit
1177	of a mausoleum which is acceptable to the department and which a
1178	cemetery uses to initiate its mausoleum program or to add to its
1179	existing mausoleum structures.
1180	(26)(24)  "Monument" means any product used for identifying
1181	a grave site and cemetery memorials of all types, including
1182	monuments, markers, and vases.
1183	(27)(25)  "Monument establishment" means a facility that
1184	operates independently of a cemetery or funeral establishment
1185	and that offers to sell monuments or monument services to the
1186	public for placement in a cemetery.
1187	(28)(26)  "Net assets" means the amount by which the total
1188	assets of a certificateholder, excluding goodwill, franchises,
1189	customer lists, patents, trademarks, and receivables from or
1190	advances to officers, directors, employees, salespersons, and
1191	affiliated companies, exceed total liabilities of the
1192	certificateholder. For purposes of this definition, the term
1193	"total liabilities" does not include the capital stock, paid-in
1194	capital, or retained earnings of the certificateholder.
1195	(29)(27)  "Net worth" means total assets minus total
1196	liabilities pursuant to generally accepted accounting
1197	principles.
1198	(30)  "Niche" means a compartment or cubicle for the
1199	memorialization or permanent placement of an urn containing
1200	cremated remains.
1201	(31)(28)  "Ossuary" means a receptacle used for the
1202	communal placement of cremated human remains without benefit of
1203	an urn or any other container in which remains will be
1204	commingled with other cremated human remains and are
1205	nonrecoverable. It may or may not include memorialization.
1206	(32)(29)  "Outer burial container" means an enclosure into
1207	which a casket is placed and includes, but is not limited to,
1208	vaults made of concrete, steel, fiberglass, or copper; sectional
1209	concrete enclosures; crypts; and wooden enclosures.
1210	(33)(30)  "Preneed contract" means any arrangement or
1211	method, of which the provider of funeral merchandise or services
1212	has actual knowledge, whereby any person agrees to furnish
1213	funeral merchandise or service in the future.
1214	(34)(31)  "Religious institution" means an organization
1215	formed primarily for religious purposes which has qualified for
1216	exemption from federal income tax as an exempt organization
1217	under the provisions of s. 501(c)(3) of the Internal Revenue
1218	Code of 1986, as amended.
1219	(35)(32)  "Scattering garden" means a location set aside,
1220	within a cemetery, which is used for the spreading or
1221	broadcasting of cremated remains that have been removed from
1222	their container and can be mixed with or placed on top of the
1223	soil or ground cover or buried in an underground receptacle on a
1224	commingled basis and that are nonrecoverable. It may or may not
1225	include memorialization.
1226	(36)(33)  "Servicing agent" means any person acting as an
1227	independent contractor whose fiduciary responsibility is to
1228	assist both the trustee and certificateholder hereunder in
1229	administrating their responsibilities pursuant to this chapter.
1230	(37)(34)  "Solicitation" means any communication that which
1231	directly or implicitly requests an immediate oral response from
1232	the recipient.
1233	(38)(35)  "Statutory accounting" means generally accepted
1234	accounting principles, except as modified by this chapter.
1235	(39)  "Urn" means a receptacle designed to permanently
1236	encase cremated remains.
1237	Section 29.  Subsection (3) of section 497.305, Florida
1238	Statutes, is amended to read:
1239	497.305  Cemetery companies; authorized functions.--
1240	(3)  A cemetery company may adopt bylaws establishing
1241	minimum standards for burial merchandise or the installation
1242	thereof. Such bylaws shall include minimum standards for access
1243	to install burial merchandise. A cemetery company must comply
1244	with its adopted bylaws.
1245	Section 30.  Section 497.306, Florida Statutes, is created
1246	to read:
1247	497.306  Standards for grave spaces.--
1248	(1)  A standard adult grave space shall measure at least 42
1249	inches in width and 96 inches in length, except for preinstalled
1250	vaults in designated areas. For interments, except cremated
1251	remains, the covering soil shall measure no less than 12 inches
1252	from the top of the outer burial container, unless such level of
1253	soil is not physically possible. In any interment, the family or
1254	next of kin may waive the 12-inch coverage minimum.
1255	(2)(a)  Effective April 1, 2005, and prior to the sale of
1256	grave spaces in any undeveloped areas of a licensed cemetery,
1257	the cemetery company shall prepare a map documenting the
1258	establishment of recoverable internal survey reference markers
1259	installed by the cemetery company no more than 100 feet apart in
1260	the areas planned for development. The internal reference
1261	markers shall be established with reference to survey markers
1262	that are no more than 200 feet apart which have been set by a
1263	surveyor and mapper licensed under chapter 472 and documented in
1264	a certified land survey. Both the map and the certified land
1265	survey shall be maintained by the cemetery company and shall be
1266	made available upon request to the department or members of the
1267	public.
1268	(b)  The map of the area proposed to be developed shall
1269	show:
1270	1.  The number of grave spaces available for sale.
1271	2.  The location of each grave space.
1272	3.  The number designation assigned to each grave space.
1273	4.  The dimensions of a standard adult grave space.
1274	(3)  Adult grave spaces established prior to April 1, 2005,
1275	are not required to meet the standards established under this
1276	section for the dimensions or separation of grave spaces.
1277	Section 31.  Section 497.307, Florida Statutes, is created
1278	to read:
1279	497.307  Identification of human remains in licensed
1280	cemeteries.--On and after April 1, 2005, human remains interred,
1281	entombed, scattered, or otherwise placed for final rest at
1282	licensed cemeteries shall be identified as follows:
1283	(1)  Each licensed cemetery shall place on the outer burial
1284	container, cremation interment container, or other container, or
1285	on the inside of a crypt or niche, a tag or a permanent
1286	identifying marker containing the name of the decedent and the
1287	date of death, if available. The materials and location of the
1288	tag or marker shall be more specifically described by rule of
1289	the board.
1290	(2)  Each licensed cemetery may rely entirely on the
1291	identity stated on the burial transit permit or on the
1292	identification supplied by a person licensed under chapter 470
1293	to establish the identity of the dead human remains delivered by
1294	such person for burial and shall not be liable for any
1295	differences between the identity shown on the burial transit
1296	permit or other identification and the actual identity of the
1297	dead human remains delivered by such person and buried in the
1298	cemetery.
1299	Section 32.  Subsection (2) of section 497.325, Florida
1300	Statutes, is amended to read:
1301	497.325  Illegal tying arrangements.--
1302	(2)(a)  Noncemetery licensed persons and firms shall have
1303	the right to sell monuments and to perform or provide on
1304	cemetery property foundation, preparation, and installation
1305	services for monuments. However, a cemetery company or any other
1306	entity owning and operating a cemetery may establish reasonable
1307	rules regarding the style and size of a monument or its
1308	foundation, provided such rules are applicable to all monuments
1309	from whatever source obtained and are enforced uniformly as to
1310	all monuments. Such rules shall be conspicuously posted and
1311	readily accessible to inspection and copy by interested persons.
1312	(b)  No person who is authorized to sell grave space and no
1313	cemetery company or other entity owning and operating a cemetery
1314	may:
1315	1.  Require the payment of a setting or service charge, by
1316	whatever name known, from third party installers for the
1317	placement of a monument;
1318	2.  Refuse to provide care or maintenance for any portion
1319	of a gravesite on which a monument has been placed; or
1320	3.  Waive liability with respect to damage caused by
1321	cemetery employees or agents to a monument after installation,
1322
1323	where the monument or installation service is not purchased from
1324	the person authorized to sell grave space or the cemetery
1325	company or other legal entity providing grave space or from or
1326	through any other person or corporation designated by the person
1327	authorized to sell grave space or the cemetery company or other
1328	legal entity providing grave space. A No cemetery company or
1329	other entity owning and operating a cemetery may not be held
1330	liable for the improper installation of a monument where the
1331	monument is not installed by the cemetery company or its agents
1332	or by such other entity or its agents.
1333	Section 33.  Subsection (9) is added to section 497.333,
1334	Florida Statutes, to read:
1335	497.333  Disclosure of information to public.--A licensee
1336	offering to provide burial rights, merchandise, or services to
1337	the public shall:
1338	(9)  Provide to each customer a complete description of any
1339	monument, marker, or memorialization to be placed at the
1340	gravesite.
1341	Section 34.  Section 497.361, Florida Statutes, is amended
1342	to read:
1343	497.361  Registration of monument establishments;
1344	contracts.--
1345	(1)  No person shall conduct, maintain, manage, or operate
1346	a monument establishment, unless such an establishment pays a
1347	registration fee of $200 and is registered with the department
1348	in accordance with this section.
1349	(2)  A monument establishment shall be a physical structure
1350	that is located at a specific street address.
1351	(2)(3)  No person may engage in the retail sale of
1352	monuments or monument services to consumers, unless they are
1353	affiliated with a monument establishment, funeral establishment,
1354	or cemetery.
1355	(3)(4)  The department, by rule, shall provide for biennial
1356	renewal of registrants and a renewal fee of $150.
1357	(4)(5)  Failure to deliver a monument within the specified
1358	timeframe shall be considered a breach of contract unless the
1359	monument establishment has a written agreement to extend the
1360	delivery date. The purchaser shall be entitled to a refund of
1361	all money paid for the merchandise. Such refund shall be made
1362	within 30 days after receipt by the monument establishment of
1363	the purchaser's written request for a refund. This subsection
1364	does not preclude the purchase and installation of a new
1365	monument from any other registered monument establishment or
1366	certificateholder. Monuments shall be delivered as established
1367	by this chapter and installed no later than 120 days after the
1368	date of sale. The establishment may request two 30-day
1369	extensions. Extensions may be granted by the executive director.
1370	(5)  The forms for all contracts with the public must be
1371	approved by the department, and each such contract must provide
1372	a complete description of any monument, marker, or related
1373	product to be delivered.
1374	Section 35.  Section 497.365, Florida Statutes, is created
1375	to read:
1376	497.365  Regulation of monument establishments.--
1377	(1)  The department shall establish an inspection program
1378	for all monument establishments in accordance with the
1379	requirements of this chapter.
1380	(2)  The department shall adopt rules that shall include
1381	requirements for the approval of contracts for memorials and
1382	related products, written complaint procedures and mandatory
1383	response to consumer complaints, disclosure to the public as to
1384	the form of ownership, the fingerprinting of owners, and
1385	appropriate recordkeeping.
1386	(3)  Nothing in the department's authority or any other
1387	provisions of this chapter shall unreasonably restrict
1388	competition or permit the restraint of trade and commerce.
1389	Section 36.  Section 497.371, Florida Statutes, is created
1390	to read:
1391	497.371  Monument establishments; business location.--
1392	(1)  A monument establishment shall be a place at a
1393	specific street address or location consisting of an office and
1394	display area for monuments, markers, and related products. The
1395	place where the establishment is located must comply with the
1396	local government zoning regulations and may not be located on
1397	tax-exempt property.
1398	(2)  The monument establishment must be a full-service
1399	monument location open to the public during normal business
1400	hours, with facilities to design, inscribe, and install
1401	monuments and related products.
1402	(3)  A person may not operate a monument establishment or
1403	install monuments, markers, and related products in this state
1404	unless the person is registered by the department under s.
1405	497.361 or holds a valid certificate of authority issued under
1406	s. 497.379.
1407	Section 37.  Section 497.379, Florida Statutes, is created
1408	to read:
1409	497.379  Monument establishments; certificate of authority
1410	required to sell preneed contracts.--A monument establishment,
1411	including an existing registered or unregistered monument
1412	establishment, may not sell a preneed contract without first
1413	having obtained a valid certificate of authority from the
1414	department. A person may not be issued a certificate of
1415	authority as a monument establishment to sell preneed contracts
1416	unless such person has at least 3 years' experience in the
1417	operation and management of an establishment selling monuments,
1418	markers, and related products. A certificate of authority may
1419	not be transferred or assigned.
1420	Section 38.  Section 497.385, Florida Statutes, is created
1421	to read:
1422	497.385  Monument establishments; sales
1423	representatives.--Each person selling monuments, markers, and
1424	Each person selling monuments, markers, and related products for
1425	a monument establishment must register with the board, including
1426	any person otherwise registered or licensed pursuant to chapter
1427	470 or this chapter. A person selling monuments, markers, and
1428	related products for a monument establishment that has been
1429	issued a certificate of authority must register as a preneed
1430	agent pursuant to the requirements of this chapter.
1431	Section 39.  Section 497.391, Florida Statutes, is created
1432	to read:
1433	497.391  Monument establishments; preneed contracts.--A
1434	monument dealer or establishment may not write a preneed
1435	contract unless that contract form has been approved by the
1436	board. Any monument dealer or establishment that is paid,
1437	collects, or receives funds under a preneed contract for
1438	services or merchandise must comply with the provisions of ss.
1439	497.413 and 497.417.
1440	Section 40.  Section 497.395, Florida Statutes, is created
1441	to read:
1442	497.395  Monument establishments; financial requirements.--
1443	(1)  For the purposes of qualifying for a certificate of
1444	authority, a monument establishment must have a minimum net
1445	worth of $10,000. A monument establishment holding a certificate
1446	of authority or an applicant for such certificate of authority
1447	must meet and maintain the requirements of this section on an
1448	annual basis in order to perform its obligation for all existing
1449	preneed contracts.
1450	(2)  All monument establishments holding a certificate of
1451	authority or an applicant must submit its most recent year-end
1452	financial statements, including a balance sheet and income
1453	statement, with the certificate of authority application and
1454	annually thereafter as provided in s. 497.407(1). The financial
1455	statement must be prepared in accordance with generally accepted
1456	accounting principles, as those principles have been defined by
1457	the Florida Board of Accountancy in the Florida Administrative
1458	Code. If the applicant does not have the minimum net worth as
1459	set forth in subsection (1), lacks sufficient liquid assets to
1460	satisfy current liabilities, or does not appear to have any
1461	substantial long-term assets, the department shall request
1462	additional financial information concerning financial statements
1463	and the statement of cash flow.
1464	(3)  For the purposes of this section, the term "total
1465	preneed contracts" means the total retail value of all
1466	outstanding preneed contracts. There shall be an annual fee for
1467	the renewal of the monument establishment certificate of
1468	authority based on the following sales volume for total preneed
1469	contracts:
1470	(a)  For a certificateholder that has total sales of $1 or
1471	more but not more than $50,000     $500.
1472	(b)  For a certificateholder that has total sales of more
1473	than $50,000 but not more than $250,000     $750.
1474	(c)  For a certificateholder that has total sales of more
1475	than $250,000 but not more than $500,000     $1,000.
1476	(d)  For a certificateholder that has total sales of more
1477	than $500,000     $1,250.
1478	(4)  In the case of a monument establishment holding a
1479	certificate of authority or a licensed dealer applicant offering
1480	preneed sales through a subsidiary agent as provided in Rule
1481	69K-5.0015, Florida Administrative Code, the certificateholder
1482	or applicant must execute a guarantee agreement with respect to
1483	any contract obligations resulting from preneed sales of such a
1484	selling agent.
1485	(5)  If the certificateholder or applicant does not meet
1486	the financial requirements in subsection (1), the entity may
1487	voluntarily submit to the board additional evidence or agree to
1488	additional oversight as to meeting the requirements of
1489	subsection (1) as a condition of receiving or retaining a
1490	certificate of authority. Such additional evidence or oversight
1491	shall include, as appropriate:
1492	(a)  An agreement to submit monthly financial statements of
1493	the entity;
1494	(b)  An agreement to submit quarterly financial statements
1495	of the entity;
1496	(c)  An appraisal of the entity's property or broker's
1497	opinion of the entity's assets;
1498	(d)  A credit report of the entity or its principal owners;
1499	(e)  Subordination-of-debt agreement from the entity's
1500	principal owners;
1501	(f)  An indemnification or subrogation agreement binding
1502	the entity and principal owners;
1503	(g)  A guarantee agreement for the entity from its
1504	principal owners;
1505	(h)  Written explanation of past financial activity;
1506	(i)  Submission of the 12-month projected business plan
1507	that includes:
1508	1.  A statement of cash flows;
1509	2.  Pro forma income statements, with sources of revenues
1510	identified; and
1511	3.  Marketing initiatives;
1512	(j)  Submission of previous department examination reports;
1513	or
1514	(k)  An agreement of 100-percent voluntary trust by the
1515	entity.
1516	Section 41.  Subsections (1), (3), and (4) of section
1517	497.405, Florida Statutes, are amended to read:
1518	497.405  Certificate of authority required.--
1519	(1)(a)  No person, including any cemetery exempt under s.
1520	497.003, may sell, advertise to sell, or make an arrangement for
1521	a preneed contract without first having a valid certificate of
1522	authority.
1523	(b)  No person, including any cemetery exempt under s.
1524	497.003, may sell , advertise to sell, or make an arrangement
1525	for services, merchandise, or burial rights on a preneed basis
1526	unless such person is authorized pursuant to this chapter to
1527	provide such services, merchandise, or burial rights on an at-
1528	need basis.
1529	(3)  No person may obtain a certificate of authority under
1530	this chapter for the preneed sale of services unless such person
1531	or its agent, in the case of a corporate entity, holds a license
1532	as a funeral establishment or cemetery company, or registration
1533	as a direct disposal establishment under chapter 470, or
1534	certification as a monument establishment under this chapter.
1535	(4)  The provisions of this section do not apply to
1536	religious-institution-owned cemeteries exempt under s.
1537	497.003(1)(d), in counties with a population of at least 960,000
1538	persons on July 1, 1996, with respect to the sale to the
1539	religious institution's members and their families of interment
1540	rights, mausoleums, crypts, cremation niches, cremation
1541	interment containers, vaults, liners, urns, memorials, vases,
1542	foundations, memorial bases, floral arrangements, monuments,
1543	markers, engraving, and the opening and closing of interment
1544	rights, mausoleums, crypts, and cremation niches, and cremation
1545	interment containers, if such cemeteries have engaged in the
1546	sale of preneed contracts prior to October 1, 1993, and maintain
1547	a positive net worth at the end of each fiscal year of the
1548	cemetery.
1549	Section 42.  Subsection (4) of section 497.419, Florida
1550	Statutes, is amended, and subsection (11) is added to said
1551	section, to read:
1552	497.419  Cancellation of, or default on, preneed
1553	contracts.--
1554	(4)  Each certificateholder shall provide in conspicuous
1555	type in its contract that the contract purchaser may cancel the
1556	contract and receive a full refund within 30 days after of the
1557	date of execution of the contract, except for those amounts
1558	allocable to any burial rights, merchandise, or services that
1559	have been used by the purchaser. The failure to make such
1560	provision shall not impair the contract purchaser's right to
1561	cancellation and refund as provided in this section.
1562	(11)  Failure to install a monument within 180 days after
1563	interment shall be considered a breach of contract unless the
1564	certificateholder has a written agreement to extend the
1565	installation date. The purchaser shall be entitled to a refund
1566	of all money paid for the merchandise. Such refund shall be made
1567	within 30 days after receipt by the certificateholder of the
1568	purchaser's written request for a refund. Nothing in this
1569	subsection shall preclude the purchase and installation of a new
1570	monument from any other registered monument establishment or
1571	certificateholder.
1572	Section 43.  Subsection (4) of section 497.436, Florida
1573	Statutes, is amended to read:
1574	497.436  Inactive and revoked certificateholders.--
1575	(4)  Upon receipt of the notice, in order to protect the
1576	contract purchaser, the board may:
1577	(a)  shall Review the certificateholder's:
1578	1.(a)  Trust funds.
1579	2.(b)  Trust agreements.
1580	3.(c)  Evidence of all outstanding preneed contracts.
1581	(b)  Perform other procedures the board deems necessary.
1582	Section 44.  Except as otherwise provided herein, this act
1583	shall take effect January 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.