Senate Bill sb2346c2

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    Florida Senate - 2005                    CS for CS for SB 2346

    By the Committees on Banking and Insurance; Regulated
    Industries; and Senator Haridopolos




    597-2143-05

  1                      A bill to be entitled

  2         An act relating to funeral and cemetery

  3         industry regulation; amending s. 316.1974,

  4         F.S.; providing for lighting equipment on

  5         certain non-law enforcement vehicles in a

  6         funeral procession; amending s. 497.005, F.S.;

  7         revising definitions; amending s. 497.101,

  8         F.S.; providing for eligibility for membership

  9         on the Board of Funeral, Cemetery, and Consumer

10         Services; providing rulemaking authority

11         regarding application for board membership;

12         amending s. 497.103, F.S.; revising authority

13         of the Department of Financial Services to take

14         emergency action; limiting the authority of the

15         Chief Financial Officer; amending s. 497.140,

16         F.S.; revising the time period for board

17         reaction to department revenue projections;

18         providing for future termination of certain

19         assessments; providing for a late-renewal fee;

20         amending s. 497.141, F.S.; revising licensure

21         application procedures to provide for persons

22         other than natural persons; clarifying when

23         licenses may be issued to entities and to

24         natural persons; clarifying the types of

25         entities to which licenses may be issued;

26         providing signature requirements; authorizing

27         the licensing authority to adopt rules;

28         restricting assignment or transfer of license;

29         amending s. 497.142, F.S.; revising

30         fingerprinting requirements; eliminating

31         obsolete references; clarifying requirements as

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 1         to disclosure of previous criminal records;

 2         revising which members of an entity applying

 3         for licensure are required to disclose their

 4         criminal records; providing for waiver of the

 5         fingerprint requirements in certain

 6         circumstances; amending s. 497.143, F.S.;

 7         prohibiting preneed sales under a limited

 8         license; amending s. 497.144, F.S.; requiring a

 9         challenger to pay the costs for failure to

10         appear at a challenge hearing; amending s.

11         497.149, F.S.; revising terminology; amending

12         s. 497.151, F.S.; revising applicability;

13         specifying what is deemed to be a complaint;

14         amending s. 497.152, F.S.; revising

15         disciplinary provisions; revising applicability

16         in other jurisdictions; revising certain

17         grounds for disciplinary action; specifying

18         what is deemed to be a complaint; providing

19         exceptions to remittance deficiency

20         disciplinary infractions; amending s. 497.153,

21         F.S.; providing for the use of consent orders

22         in certain circumstances; amending s. 497.158,

23         F.S.; revising fine amounts; amending s.

24         497.159, F.S.; revising criminal provisions

25         relating to prelicensure examinations, willful

26         obstruction, trust funds, and specified

27         violations; providing penalties; revising what

28         constitutes improper discrimination; amending

29         s. 497.161, F.S.; removing a provision allowing

30         board members to serve as experts in

31         investigations; specifying standing of

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 1         licensees to challenge rules; amending s.

 2         497.165, F.S.; revising a standard for

 3         determining liability for a trust fund

 4         deficiency; amending s. 497.166, F.S.;

 5         specifying who may act as a preneed sales

 6         agent; providing responsibility of certain

 7         licensees; amending s. 497.169, F.S.; revising

 8         a provision for award of attorney's fees and

 9         costs in certain actions; creating s. 497.171,

10         F.S.; providing requirements for the

11         identification of human remains; amending s.

12         497.260, F.S.; revising what constitutes

13         improper discrimination by cemeteries; amending

14         s. 497.263, F.S.; revising the applicability of

15         certain application procedures for licensure of

16         cemetery companies; amending s. 497.264, F.S.;

17         revising requirements relating to applicants

18         seeking to acquire control of a licensed

19         cemetery; amending s. 497.281, F.S.; revising

20         requirements for licensure of burial rights

21         brokers; amending s. 497.365, F.S.; requiring

22         that certain fees be paid before an inactive

23         license is renewed; amending s. 497.368, F.S.;

24         revising grounds for issuance of licensure as

25         an embalmer by examination; amending s.

26         497.369, F.S.; revising grounds for issuance of

27         licensure as an embalmer by endorsement;

28         amending s. 497.373, F.S.; revising grounds for

29         issuance of licensure as a funeral director by

30         examination; amending s. 497.374, F.S.;

31         revising grounds for issuance of licensure as a

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 1         funeral director by endorsement; amending s.

 2         497.376, F.S.; revising authority to issue a

 3         combination license as a funeral director and

 4         embalmer; authorizes the licensing authority to

 5         establish certain rules; amending s. 497.378,

 6         F.S.; revising a license renewal fee; amending

 7         s. 497.380, F.S.; revising certain requirements

 8         for funeral establishments; providing

 9         requirements for reporting a change in location

10         of the establishment; revising a license

11         renewal fee; amending s. 497.385, F.S.;

12         revising application requirements for licensure

13         of a removal service or a refrigeration

14         service; providing requirements for change in

15         location of removal services and refrigeration

16         services; authorizing the licensing authority

17         to adopt certain rules for centralized

18         embalming facility operations; revising

19         application requirements for licensure of a

20         centralized embalming facility; providing for

21         inspection of centralized embalming facilities;

22         providing for change in ownership and change in

23         location of centralized embalming facilities;

24         amending s. 497.453, F.S.; revising net worth

25         requirements for preneed licensure; specifying

26         authority to accept alternative evidence of

27         financial responsibility in lieu of net worth

28         regarding preneed licensure applicants;

29         providing preneed license renewal fees for

30         monument establishments; increasing the renewal

31         fee for a branch license which is set by the

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 1         Board of Funeral, Cemetery, and Consumer

 2         Services; revising grounds for issuance of a

 3         preneed branch license; amending s. 497.456,

 4         F.S.; revising use of the Preneed Funeral

 5         Contract Consumer Protection Trust Fund by the

 6         licensing authority; amending s. 497.458, F.S.;

 7         revising requirements to loan or invest trust

 8         funds; amending s. 497.466, F.S., relating to

 9         preneed sales agents; substantially revising

10         provisions relating to licensure requirements;

11         revising application procedures, fees, the

12         issuance of a temporary preneed sales agent

13         license, the conversion of such a license to a

14         permanent preneed sales agent license,

15         restrictions upon an applicant who has a

16         criminal or disciplinary record, termination of

17         a permanent license due to lack of

18         appointments, procedures for appointing preneed

19         sales agents and for renewing such an

20         appointment, termination of appointments, fees,

21         and administrative matters; providing

22         responsibilities of preneed licensees for

23         preneed sales agents; creating s. 497.468,

24         F.S.; providing for disclosure of information

25         to the public; amending s. 497.550, F.S.;

26         revising application requirements and

27         procedures for licensure as a monument

28         establishment; requiring that a monument

29         establishment be licensed as a monument builder

30         or as a monument dealer; exempting a monument

31         dealer from a requirement to maintain certain

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 1         facilities and from certain inspection

 2         requirements; requiring that a monument

 3         establishment obtain licensure as a monument

 4         builder in order to be eligible for a preneed

 5         sales license; amending s. 497.551, F.S.;

 6         revising requirements for renewal of monument

 7         establishment licensure; amending s. 497.552,

 8         F.S.; revising facility requirements for

 9         monument establishments; amending s. 497.553,

10         F.S.; providing requirements for change of

11         ownership and location of monument

12         establishments; providing for an annual

13         inspection fee; amending s. 497.554, F.S.;

14         revising application procedure and renewal

15         requirements for monument establishment sales

16         representatives; deferring application of

17         section; amending s. 497.555, F.S.; revising

18         requirements for rules establishing minimum

19         standards for access to cemeteries; amending s.

20         497.602, F.S.; revising application procedures

21         for direct disposer licensure; amending s.

22         497.603, F.S.; revising the license renewal fee

23         for a direct disposer; amending s. 497.604,

24         F.S.; revising provisions concerning direct

25         disposal establishment licensure and

26         application for licensure and regulation of

27         direct disposal establishments; amending s.

28         497.606, F.S.; revising provisions concerning

29         cinerator facility licensure and application

30         for licensure and regulation of cinerator

31         facilities; amending s. 497.607, F.S.;

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 1         providing for publication of rules regarding

 2         cremation by chemical means; authorizing the

 3         anatomical board of this state to provide for

 4         the final disposition of human remains

 5         delivered to the board as the board determines

 6         to be adequate and proper; amending s. 152, ch.

 7         2004-301, Laws of Florida; specifying

 8         applicability of rules; amending s. 626.785,

 9         F.S.; revising a policy coverage limit;

10         repealing s. 497.275, F.S., relating to

11         identification of human remains in licensed

12         cemeteries; repealing s. 497.388, F.S.,

13         relating to identification of human remains;

14         repealing s. 497.556, F.S., relating to

15         requirements relating to monument

16         establishments; providing an effective date.

17  

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

19  

20         Section 1.  Paragraph (a) of subsection (2) of section

21  316.1974, Florida Statutes, is amended to read:

22         316.1974  Funeral procession right-of-way and

23  liability.--

24         (2)  EQUIPMENT.--

25         (a)  All non-law enforcement funeral escort vehicles

26  and funeral lead vehicles shall be equipped with at least one

27  lighted circulation lamp exhibiting an amber or purple light

28  or lens visible under normal atmospheric conditions for a

29  distance of 500 feet from the front of the vehicle.  Flashing

30  amber or purple lights may be used only when such vehicles are

31  used in a funeral procession.

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 1         Section 2.  Section 497.005, as amended by chapter

 2  2004-301, Laws of Florida, is amended to read:

 3         497.005  Definitions.--As used in this chapter, the

 4  term:

 5         (1)  "Alternative container" means an unfinished wood

 6  box or other nonmetal receptacle or enclosure, without

 7  ornamentation or a fixed interior lining, which is designed

 8  for the encasement of human remains and which is made of

 9  fiberboard, pressed wood, composition materials (with or

10  without an outside covering), or like materials a nonmetal

11  receptacle or enclosure which is less expensive than a casket

12  and of sufficient strength to be used to hold and transport a

13  dead human body.

14         (2)  "At-need solicitation" means any uninvited contact

15  by a licensee or her or his agent for the purpose of the sale

16  of burial services or merchandise to the family or next of kin

17  of a person after her or his death has occurred.

18         (3)  "Bank of belowground crypts" means any

19  construction unit of belowground crypts which is acceptable to

20  the department and which a cemetery uses to initiate its

21  belowground crypt program or to add to existing belowground

22  crypt structures.

23         (4)  "Belowground crypts" consist of interment space in

24  preplaced chambers, either side by side or multiple depth,

25  covered by earth and sod and known also as "lawn crypts,"

26  "westminsters," or "turf-top crypts."

27         (5)  "Board" means the Board of Funeral, Cemetery, and

28  Consumer Services.

29         (6)  "Body parts" means:

30         (a)  Limbs or other portions of the anatomy which are

31  removed from a person or human remains for medical purposes

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 1  during treatment, surgery, biopsy, autopsy, or medical

 2  research; or

 3         (b)  Human bodies or any portions of human bodies which

 4  have been donated to science for medical research purposes.

 5         (6)(7)  "Burial merchandise," "funeral merchandise," or

 6  "merchandise" means any personal property offered or sold by

 7  any person for use in connection with the final disposition,

 8  memorialization, interment, entombment, or inurnment of human

 9  remains or cremated remains, including, but not limited to,

10  caskets, outer burial containers, alternative containers,

11  cremation containers, cremation interment containers, urns,

12  monuments, private mausoleums, flowers, benches, vases,

13  acknowledgment cards, register books, memory folders, prayer

14  cards, and clothing .

15         (7)(8)  "Burial right" means the right to use a grave

16  space, mausoleum, columbarium, ossuary, or scattering garden

17  for the interment, entombment, inurnment, or other disposition

18  of human or cremated remains.

19         (8)(9)  "Burial service," "funeral service," "funeral,"

20  or "service" means any service offered or provided by any

21  person in connection with the final disposition,

22  memorialization, interment, entombment, or inurnment of human

23  or cremated remains.

24         (9)(10)  "Care and maintenance" means the perpetual

25  process of keeping a cemetery and its lots, graves, grounds,

26  landscaping, roads, paths, parking lots, fences, mausoleums,

27  columbaria, vaults, crypts, utilities, and other improvements,

28  structures, and embellishments in a well-cared-for and

29  dignified condition, so that the cemetery does not become a

30  nuisance or place of reproach and desolation in the community.

31  As specified in the rules of the licensing authority, "care

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 1  and maintenance" may include, but is not limited to, any or

 2  all of the following activities: mowing the grass at

 3  reasonable intervals; raking and cleaning the grave spaces and

 4  adjacent areas; pruning of shrubs and trees; suppression of

 5  weeds and exotic flora; and maintenance, upkeep, and repair of

 6  drains, water lines, roads, buildings, and other improvements.

 7  "Care and maintenance" may include, but is not limited to,

 8  reasonable overhead expenses necessary for such purposes,

 9  including maintenance of machinery, tools, and equipment used

10  for such purposes. "Care and maintenance" may also include

11  repair or restoration of improvements necessary or desirable

12  as a result of wear, deterioration, accident, damage, or

13  destruction. "Care and maintenance" does not include expenses

14  for the construction and development of new grave spaces or

15  interment structures to be sold to the public.

16         (10)(11)  "Casket" means a rigid container which is

17  designed for the encasement of human remains and which is

18  usually constructed of wood or metal, ornamented, and lined

19  with fabric.

20         (11)(12)  "Cemetery" means a place dedicated to and

21  used or intended to be used for the permanent interment of

22  human or cremated remains. A cemetery may contain land or

23  earth interment; mausoleum, vault, or crypt interment; a

24  columbarium, ossuary, scattering garden, or other structure or

25  place used or intended to be used for the interment or

26  disposition of cremated remains; or any combination of one or

27  more of such structures or places.

28         (12)(13)  "Cemetery company" means any legal entity

29  that owns or controls cemetery lands or property.

30         (13)(14)  "Centralized embalming facility" means a

31  facility, not physically connected with a funeral

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 1  establishment, in which embalming takes place which operates

 2  independently of a funeral establishment licensee and which

 3  offers embalming services to funeral directors for a fee.

 4         (14)(15)  "Cinerator" means a facility where dead human

 5  bodies are subjected to cremation. reduced to a residue,

 6  including bone fragments, by direct flame, also known as

 7  "cremation," or by intense heat, also known as "calcination."

 8         (15)(16)  "Closed container" means any container in

 9  which cremated remains can be placed and closed in a manner so

10  as to prevent leakage or spillage of the remains.

11         (16)(17)  "Columbarium" means a structure or building

12  which is substantially exposed above the ground and which is

13  intended to be used for the inurnment of cremated remains.

14         (17)(18)  "Common business enterprise" means a group of

15  two or more business entities that share common ownership in

16  excess of 50 percent.

17         (18)(19)  "Control" means the possession, directly or

18  indirectly, through the ownership of voting shares, by

19  contract, arrangement, understanding, relationship, or

20  otherwise, of the power to direct or cause the direction of

21  the management and policies of a person or entity. However, a

22  person or entity shall not be deemed to have control if the

23  person or entity holds voting shares, in good faith and not

24  for the purpose of circumventing this definition, as an agent,

25  bank, broker, nominee, custodian, or trustee for one or more

26  beneficial owners who do not individually or as a group have

27  control.

28         (19)(20)  "Cremated remains" means all the remains of

29  the human body recovered after the completion of the cremation

30  process, including processing or pulverization which leaves

31  only bone fragments reduced to unidentifiable dimensions and

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 1  may include the residue of any foreign matter, including

 2  casket material, bridgework, or eyeglasses that were cremated

 3  with the human remains.

 4         (20)(21)  "Cremation" means any mechanical or thermal

 5  process whereby a dead human body is reduced to ashes and bone

 6  fragments. Cremation also includes any other mechanical or

 7  thermal process whereby human remains are pulverized, burned,

 8  recremated, or otherwise further reduced in size or quantity

 9  the technical process, using direct flame and heat or chemical

10  means, which reduces human remains to bone fragments through

11  heat and evaporation. Cremation includes the processing and

12  usually includes the pulverization of the bone fragments.

13         (21)(22)  "Cremation chamber" means the enclosed space

14  within which the cremation process takes place. Cremation

15  chambers covered by these procedures must be used exclusively

16  for the cremation of human remains.

17         (22)(23)  "Cremation container" means the casket or

18  alternative container in which the human remains are

19  transported to and placed in the cremation chamber for a

20  cremation. A cremation container should meet substantially all

21  of the following standards:

22         (a)  Be composed of readily combustible materials

23  suitable for cremation.

24         (b)  Be able to be closed in order to provide a

25  complete covering for the human remains.

26         (c)  Be resistant to leakage or spillage.

27         (d)  Be rigid enough to be handled with ease.

28         (e)  Be able to provide protection for the health,

29  safety, and personal integrity of crematory personnel.

30         (23)(24)  "Cremation interment container" means a rigid

31  outer container that, subject to a cemetery's rules and

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 1  regulations, is composed of concrete, steel, fiberglass, or

 2  some similar material in which an urn is placed prior to being

 3  interred in the ground and that is designed to support the

 4  earth above the urn.

 5         (24)(25)  "Department" means the Department of

 6  Financial Services.

 7         (25)(26)  "Direct disposal establishment" means a

 8  facility licensed under this chapter where a direct disposer

 9  practices direct disposition.

10         (26)(27)  "Direct disposer" means any person licensed

11  under this chapter to practice direct disposition in this

12  state.

13         (27)(28)  "Director" means the director of the Division

14  of Funeral, Cemetery, and Consumer Services.

15         (28)(29)  "Disinterment" means removal of a dead human

16  body from earth interment or aboveground interment.

17         (29)(30)  "Division" means the Division of Funeral,

18  Cemetery, and Consumer Services within the Department of

19  Financial Services.

20         (30)(31)  "Embalmer" means any person licensed under

21  this chapter to practice embalming in this state.

22         (31)(32)  "Final disposition" means the final disposal

23  of a dead human body by earth interment, aboveground

24  interment, cremation, burial at sea, or delivery to a medical

25  institution for lawful dissection if the medical institution

26  assumes responsibility for disposal. "Final disposition" does

27  not include the disposal or distribution of cremated remains

28  ashes and residue of cremated remains.

29         (33)  "Funeral" or "funeral service" means the

30  observances, services, or ceremonies held to commemorate the

31  

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 1  life of a specific deceased human being and at which the human

 2  remains are present.

 3         (32)(34)  "Funeral director" means any person licensed

 4  under this chapter to practice funeral directing in this

 5  state.

 6         (33)(35)  "Funeral establishment" means a facility

 7  licensed under this chapter where a funeral director or

 8  embalmer practices funeral directing or embalming.

 9         (36)  "Funeral merchandise" or "merchandise" means any

10  merchandise commonly sold in connection with the funeral,

11  final disposition, or memorialization of human remains,

12  including, but not limited to, caskets, outer burial

13  containers, alternative containers, cremation containers,

14  cremation interment containers, urns, monuments, private

15  mausoleums, flowers, benches, vases, acknowledgment cards,

16  register books, memory folders, prayer cards, and clothing.

17         (34)(37)  "Grave space" means a space of ground in a

18  cemetery intended to be used for the interment in the ground

19  of human remains.

20         (35)(38)  "Human remains" or "remains," or "dead human

21  body" or "dead human bodies," means the body of a deceased

22  human person for which a death certificate or fetal death

23  certificate is required under chapter 382 and includes the

24  body in any stage of decomposition and the residue of cremated

25  human bodies.

26         (36)(39)  "Legally authorized person" means, in the

27  priority listed, the decedent, when written inter vivos

28  authorizations and directions are provided by the decedent;

29  the surviving spouse, unless the spouse has been arrested for

30  committing against the deceased an act of domestic violence as

31  defined in s. 741.28 which resulted in or contributed to the

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 1  death of the deceased; a son or daughter who is 18 years of

 2  age or older; a parent; a brother or sister who is 18 years of

 3  age or older; a grandchild who is 18 years of age or older; a

 4  grandparent; or any person in the next degree of kinship. In

 5  addition, the term may include, if no family member exists or

 6  is available, the guardian of the dead person at the time of

 7  death; the personal representative of the deceased; the

 8  attorney in fact of the dead person at the time of death; the

 9  health surrogate of the dead person at the time of death; a

10  public health officer; the medical examiner, county

11  commission, or administrator acting under part II of chapter

12  406 or other public administrator; a representative of a

13  nursing home or other health care institution in charge of

14  final disposition; or a friend or other person not listed in

15  this subsection who is willing to assume the responsibility as

16  the legally authorized person. Where there is a person in any

17  priority class listed in this subsection, the funeral

18  establishment shall rely upon the authorization of any one

19  legally authorized person of that class if that individual

20  represents that she or he is not aware of any objection to the

21  cremation of the deceased's human remains by others in the

22  same class of the person making the representation or of any

23  person in a higher priority class.

24         (37)(40)  "License" includes all authorizations

25  required or issued under this chapter, except where expressly

26  indicated otherwise, and shall be understood to include

27  authorizations previously referred to as registrations or

28  certificates of authority in chapters 470 and 497 as those

29  chapters appeared in the 2004 edition of the Florida Statutes.

30  

31  

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 1         (38)(41)  "Licensee" means the person or entity holding

 2  any license or other authorization issued under this chapter,

 3  except where expressly indicated otherwise.

 4         (39)(42)  "Mausoleum" means a structure or building

 5  which is substantially exposed above the ground and which is

 6  intended to be used for the entombment of human remains.

 7         (40)(43)  "Mausoleum section" means any construction

 8  unit of a mausoleum which is acceptable to the department and

 9  which a cemetery uses to initiate its mausoleum program or to

10  add to its existing mausoleum structures.

11         (41)(44)  "Monument" means any product used for

12  identifying a grave site and cemetery memorials of all types,

13  including monuments, markers, and vases.

14         (42)(45)  "Monument establishment" means a facility

15  that operates independently of a cemetery or funeral

16  establishment and that offers to sell monuments or monument

17  services to the public for placement in a cemetery.

18         (43)(46)  "Net assets" means the amount by which the

19  total assets of a licensee, excluding goodwill, franchises,

20  customer lists, patents, trademarks, and receivables from or

21  advances to officers, directors, employees, salespersons, and

22  affiliated companies, exceed total liabilities of the

23  licensee. For purposes of this definition, the term "total

24  liabilities" does not include the capital stock, paid-in

25  capital, or retained earnings of the licensee.

26         (44)(47)  "Net worth" means total assets minus total

27  liabilities pursuant to generally accepted accounting

28  principles.

29         (45)(48)  "Niche" means a compartment or cubicle for

30  the memorialization or permanent placement of a container or

31  urn containing cremated remains.

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 1         (46)(49)  "Ossuary" means a receptacle used for the

 2  communal placement of cremated remains without benefit of an

 3  urn or any other container in which cremated remains may be

 4  commingled with other cremated remains and are nonrecoverable.

 5  It may or may not include memorialization.

 6         (47)(50)  "Outer burial container" means an enclosure

 7  into which a casket is placed and includes, but is not limited

 8  to, vaults made of concrete, steel, fiberglass, or copper;

 9  sectional concrete enclosures; crypts; and wooden enclosures.

10         (48)(51)  "Person," when used without qualification

11  such as "natural" or "individual," includes both natural

12  persons and legal entities.

13         (49)(52)  "Personal residence" means any residential

14  building in which one temporarily or permanently maintains her

15  or his abode, including, but not limited to, an apartment or a

16  hotel, motel, nursing home, convalescent home, home for the

17  aged, or a public or private institution.

18         (50)(53)  "Practice of direct disposition" means the

19  cremation of human remains without preparation of the human

20  remains by embalming and without any attendant services or

21  rites such as funeral or graveside services or the making of

22  arrangements for such final disposition.

23         (51)(54)  "Practice of embalming" means disinfecting or

24  preserving or attempting to disinfect or preserve dead human

25  bodies by replacing certain body fluids with preserving and

26  disinfecting chemicals.

27         (52)(55)  "Practice of funeral directing" means the

28  performance by a licensed funeral director of any of those

29  functions authorized by s. 497.372.

30         (53)(56)  "Preneed contract" means any arrangement or

31  method, of which the provider of funeral merchandise or

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 1  services has actual knowledge, whereby any person agrees to

 2  furnish funeral merchandise or service in the future.

 3         (54)(57)  "Preneed sales agent" means any person who is

 4  licensed under this chapter to sell preneed burial or funeral

 5  service and merchandise contracts or direct disposition

 6  contracts in this state.

 7         (55)(58)  "Principal" means and includes the sole

 8  proprietor of a sole proprietorship; all partners of a

 9  partnership; all members of a limited liability company;

10  regarding a corporation, all directors and officers, and all

11  stockholders controlling more than 10 percent of the voting

12  stock; and all other persons who can exercise control over the

13  person or entity.

14         (56)(59)  "Processing" means the reduction of

15  identifiable bone fragments after the completion of the

16  cremation process to unidentifiable bone fragments by manual

17  means.

18         (57)(60)  "Profession" and "occupation" are used

19  interchangeably in this chapter. The use of the word

20  "profession" in this chapter with respect to any activities

21  regulated under this chapter shall not be deemed to mean that

22  such activities are not occupations for other purposes in

23  state or federal law.

24         (58)(61)  "Pulverization" means the reduction of

25  identifiable bone fragments after the completion of the

26  cremation and processing to granulated particles by manual or

27  mechanical means.

28         (59)(62)  "Refrigeration facility" means a facility

29  that is operated independently of not physically connected

30  with a funeral establishment, crematory, or direct disposal

31  establishment, that maintains space and equipment for the

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 1  storage and refrigeration of dead human bodies, and that

 2  offers its service to funeral directors, and funeral

 3  establishments, direct disposers, direct disposal

 4  establishments, or crematories for a fee.

 5         (60)(63)  "Religious institution" means an organization

 6  formed primarily for religious purposes which has qualified

 7  for exemption from federal income tax as an exempt

 8  organization under the provisions of s. 501(c)(3) of the

 9  Internal Revenue Code of 1986, as amended.

10         (61)(64)  "Removal service" means any service that

11  operates independently of a funeral establishment or a direct

12  disposal establishment, that handles the initial removal of

13  dead human bodies, and that offers its service to funeral

14  establishments and direct disposal establishments for a fee.

15         (62)(65)  "Rules" refers to rules adopted under this

16  chapter unless expressly indicated to the contrary.

17         (63)(66)  "Scattering garden" means a location set

18  aside, within a cemetery, which is used for the spreading or

19  broadcasting of cremated remains that have been removed from

20  their container and can be mixed with or placed on top of the

21  soil or ground cover or buried in an underground receptacle on

22  a commingled basis and that are nonrecoverable. It may or may

23  not include memorialization.

24         (64)(67)  "Servicing agent" means any person acting as

25  an independent contractor whose fiduciary responsibility is to

26  assist both the trustee and licensee in administrating their

27  responsibilities pursuant to this chapter.

28         (65)(68)  "Solicitation" means any communication which

29  directly or implicitly requests an immediate oral response

30  from the recipient.

31  

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 1         (66)(69)  "Statutory accounting" means generally

 2  accepted accounting principles, except as modified by this

 3  chapter.

 4         (67)(70)  "Temporary container" means a receptacle for

 5  cremated remains usually made of cardboard, plastic, or

 6  similar material designated to hold the cremated remains until

 7  an urn or other permanent container is acquired.

 8         (68)(71)  "Urn" means a receptacle designed to

 9  permanently encase cremated remains.

10         Section 3.  Subsection (2) of section 497.101, Florida

11  Statutes, as amended by chapter 2004-301, Laws of Florida, is

12  amended, and subsection (8) is added to that section, to read:

13         497.101  Board of Funeral, Cemetery, and Consumer

14  Services; membership; appointment; terms.--

15         (2)  Two members of the board must be funeral directors

16  licensed under part III of this chapter who are associated

17  with a funeral establishment. One member of the board must be

18  a funeral director licensed under part III of this chapter who

19  is associated with a funeral establishment licensed under part

20  III of this chapter which has a valid preneed license issued

21  pursuant to this chapter and who owns or operates a cinerator

22  facility approved under chapter 403 and licensed under part VI

23  of this chapter. Two members of the board must be persons

24  whose primary occupation is associated with a cemetery company

25  licensed pursuant to this chapter. Three members of the board

26  must be consumers who are residents of the state, have never

27  been licensed as funeral directors or embalmers, are not

28  connected with a cemetery or cemetery company licensed

29  pursuant to this chapter, and are not connected with the death

30  care industry or the practice of embalming, funeral directing,

31  or direct disposition. One of the consumer members must be at

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 1  least 60 years of age, and one must be licensed as a certified

 2  public accountant under chapter 473. One member of the board

 3  must be a monument establishment dealer licensed under this

 4  chapter as a monument builder or, for board appointments made

 5  before June 1, 2006, a licensed monument establishment

 6  certified by the department to be eligible for licensure as a

 7  monument builder. One member must be the State Health Officer

 8  or her or his designee. There shall not be two or more board

 9  members who are principals or directors, employees, partners,

10  shareholders, or members of the same company or partnership or

11  group of companies or partnerships under common control.

12         (8)  The department shall adopt rules establishing

13  forms by which persons may apply for membership on the board

14  and procedures for applying for such membership. Such forms

15  must require disclosure of the existence and nature of all

16  current and past employments by or contracts with, and direct

17  or indirect affiliations with or interests in, any entity or

18  business that at any time was licensed by the board or by the

19  former Board of Funeral and Cemetery Services or the former

20  Board of Funeral Directors and Embalmers or that is or was

21  otherwise involved in the death care industry, as specified by

22  department rule.

23         Section 4.  Paragraph (m) of subsection (2) of section

24  497.103, Florida Statutes, as amended by chapter 2004-301,

25  Laws of Florida, is amended, and paragraph (e) is added to

26  subsection (4) of that section, to read:

27         497.103  Rulemaking authority of board and

28  department.--

29         (2)  DEPARTMENT AUTHORITY.--All authority provided by

30  this chapter and not expressly vested in the board by

31  subsection (1) is vested in the department, and the department

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 1  shall be deemed to be the licensing authority as to such

 2  matters. Without limiting the generality of the foregoing

 3  vesting of authority in the department, the authority provided

 4  by this chapter which is vested solely in the department

 5  includes:

 6         (m)  Authority to take emergency action against any

 7  licensee under this chapter, without prior consultation with

 8  the board, when the department determines that there is an

 9  imminent danger to the health, safety, or welfare of the

10  residents of the state.

11         (4)  RECOMMENDATIONS BY THE CHIEF FINANCIAL OFFICER.--

12         (e)  The Chief Financial Officer shall have no

13  authority by recommendation or otherwise to set fees, rates,

14  or prices to be used by any licensee under this chapter, and

15  notwithstanding this subsection, a licensee under this chapter

16  may not be required to set fees, rates, or prices in

17  accordance with any recommendation of the Chief Financial

18  Officer.

19         Section 5.  Paragraphs (b) and (c) of subsection (1) of

20  section 497.140, Florida Statutes, as renumbered and amended

21  by section 10 of chapter 2004-301, Laws of Florida, are

22  amended, and subsection (8) is added to that section, to read:

23         497.140  Fees.--

24         (1)

25         (b)  It is the legislative intent that the costs of

26  regulation under this chapter be provided for by fees

27  collected under this chapter. The board shall ensure that fees

28  are adequate to cover all anticipated costs of implementation

29  of this chapter. The department shall at least every other

30  year provide the board with estimates as to projected costs in

31  implementing this chapter and projected fee collections under

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 1  this chapter for the following 2 years, information as to

 2  balances of regulatory trusts from fees collected, other

 3  information which the department deems material to the setting

 4  of fees by the board at proper levels, and a department

 5  recommendation as to action, if any, regarding changing fee

 6  levels. The board shall review such information provided by

 7  the department and make such changes in fees, up or down, as

 8  the board determines appropriate. If sufficient action is not

 9  taken by the board within 6 months 1 year after notification

10  by the department that fees are projected to be inadequate,

11  the department shall set fees on behalf of the board to cover

12  anticipated costs.

13         (c)  The board may from time to time by rule assess and

14  collect a one-time fee from each active and each voluntary

15  inactive licensee under this chapter in an amount necessary to

16  correct an inadequacy of fees received to implement regulation

17  required by this chapter, provided that no such assessments

18  may be made after October 1, 2007 more than one such

19  assessment may be made in any 4-year period without specific

20  legislative authorization.

21         (8)  A delinquency fee shall be charged and collected

22  from a licensee for the failure to timely renew a license

23  issued under this chapter. The amount of such a delinquency

24  fee shall be $50 unless a different amount is specified for a

25  particular category of licensure under this chapter.

26         Section 6.  Subsection (2) of section 497.141, Florida

27  Statutes, as created by chapter 2004-301, Laws of Florida, is

28  amended, and subsection (12) is added to that section, to

29  read:

30         497.141  Licensing; general application procedures.--

31  

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 1         (2)  Any person desiring to be licensed shall apply to

 2  the licensing authority in writing using such forms and

 3  procedures as may be prescribed by rule. The application for

 4  licensure shall include the applicant's social security number

 5  if the applicant is a natural person; otherwise, the

 6  applicant's federal tax identification number. Notwithstanding

 7  any other provision of law, the department is the sole

 8  authority for determining the forms and form contents to be

 9  submitted for initial licensure and licensure renewal

10  application. Such forms and the information and materials

11  required by such forms may include, as appropriate,

12  demographics, education, work history, personal background,

13  criminal history, finances, business information, signature

14  notarization, performance periods, reciprocity, local

15  government approvals, supporting documentation, periodic

16  reporting requirements, fingerprint requirements, continuing

17  education requirements, business plans, character references,

18  and ongoing education monitoring. Such forms and the

19  information and materials required by such forms may also

20  include, to the extent such information or materials are not

21  already in the possession of the department or the board,

22  records or information as to complaints, inspections,

23  investigations, discipline, and bonding, and photographs. The

24  application shall be supplemented as needed to reflect any

25  material change in any circumstance or condition stated in the

26  application which takes place between the initial filing of

27  the application and the final grant or denial of the license

28  and which might affect the decision of the department or the

29  board. After an application by an individual for licensure

30  under this chapter is approved, the licensing authority may

31  require the successful applicant to provide a photograph of

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 1  the applicant for permanent lamination onto the license card

 2  to be issued to the applicant, pursuant to rules and fees

 3  adopted by the licensing authority.

 4         (12)(a)  The following licenses may be applied for and

 5  issued only to a natural person:

 6         1.  Embalmer apprentice.

 7         2.  Embalmer intern.

 8         3.  Funeral director intern.

 9         4.  Funeral director.

10         5.  Funeral director and embalmer.

11         6.  Direct disposer.

12         7.  Monument establishment sales agent.

13         8.  Preneed sales agent.

14         (b)  The following licenses may be applied for and

15  issued to a natural person, a corporation, a limited liability

16  company, or a partnership:

17         1.  Funeral establishment.

18         2.  Centralized embalming facility.

19         3.  Refrigeration facility.

20         4.  Direct disposal establishment.

21         5.  Monument establishment.

22         6.  Cinerator facility.

23         7.  Removal service.

24         8.  Preneed sales business under s. 497.453.

25         (c)  A cemetery license may be applied for and issued

26  only to a corporation, partnership, or limited liability

27  company.

28         (d)  A license may not be issued to any applicant that

29  is a corporation, limited liability company, or partnership

30  unless the applicant is organized and in good standing under

31  the laws of this state or another state of the United States

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 1  and provides written proof of same issued by the applicable

 2  state office or official in the state concerned. Each

 3  applicant that is a corporation, limited liability company, or

 4  partnership shall file with its application a written

 5  statement, signed by the same person who signs the

 6  application, identifying by name and business functional title

 7  the following persons, as applicable to the type of entity

 8  applying: officers, managers, managing members, partners,

 9  general partners, limited partners, managing partners,

10  directors, all stockholders controlling more than 10 percent

11  of the voting stock, and all other persons who can exercise

12  control over the applicant. The licensing authority may

13  require the filing of the applicant's articles of

14  incorporation or other organizational documents and a resume

15  concerning any person identified pursuant to this paragraph.

16         (e)  All applications shall be signed by the applicant.

17  Signatures of the applicant shall be as follows:

18         1.  If the applicant is a natural person, the

19  application shall be signed by the applicant.

20         2.  If the applicant is a corporation, the application

21  shall be signed by the corporation's president.

22         3.  If the applicant is a partnership, the application

23  shall be signed by a partner, who shall provide proof

24  satisfactory to the licensing authority of that partner's

25  authority to sign on behalf of the partnership.

26         4.  If the applicant is a limited liability company,

27  the application shall be signed by a member of the company,

28  who shall provide proof satisfactory to the licensing

29  authority of that member's authority to sign on behalf of the

30  company.

31  

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 1         (f)  The licensing authority may adopt rules for the

 2  administration of this section, including required procedures

 3  and forms.

 4         (g)  A license regulated under this chapter is not

 5  assignable or transferable except as provided in this chapter.

 6         Section 7.  Section 497.142, Florida Statutes, as

 7  created by chapter 2004-301, Laws of Florida, is amended to

 8  read:

 9         497.142  Licensing; fingerprinting and criminal

10  background checks.--

11         (1)  In any instance that this chapter requires

12  submission of fingerprints in connection with an application

13  for license, the provisions of this section shall apply.

14         (2)  The fingerprints must be taken by a law

15  enforcement agency or other agency or entity approved by the

16  department and in such a way as to allow their use to obtain a

17  criminal history check through the Department of Law

18  Enforcement.

19         (3)  The department shall submit the fingerprints to or

20  cause them to be submitted to the Department of Law

21  Enforcement for the purpose of ascertaining whether the person

22  fingerprinted has a criminal history in any state or before

23  the Federal Government and, if so, the nature of the criminal

24  history.

25         (4)  The Department of Law Enforcement may accept

26  fingerprints of any applicant under this chapter, any

27  principal of any such applicant, and any other person who is

28  examined or investigated or who is subject to examination or

29  investigation under the provisions of this chapter.

30         (5)  The Department of Law Enforcement may, to the

31  extent provided for by federal law, exchange state,

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 1  multistate, and federal criminal history records with the

 2  department and the board for the purpose of the issuance,

 3  denial, suspension, or revocation of any license or other

 4  application under this chapter.

 5         (6)  The Department of Law Enforcement may accept

 6  fingerprints of any other person required by statute or rule

 7  to submit fingerprints to the department or board or any

 8  applicant or licensee regulated by the department or board who

 9  is required to demonstrate that she or he has not been

10  convicted of or pled guilty or nolo contendere to a felony or

11  a misdemeanor.

12         (6)(7)  The Department of Law Enforcement shall, upon

13  receipt of fingerprints from the department, submit the

14  fingerprints to the Federal Bureau of Investigation to check

15  federal criminal history records.

16         (7)(8)  Statewide criminal records obtained through the

17  Department of Law Enforcement, federal criminal records

18  obtained through the Federal Bureau of Investigation, and

19  local criminal records obtained through local law enforcement

20  agencies shall be used by the department and board for the

21  purpose of issuance, denial, suspension, or revocation of

22  certificates of authority, certifications, or licenses issued

23  to operate in this state.

24         (8)(9)  For the purposes of criminal background checks,

25  applicants and principals of applicants for any approval or

26  license under this chapter may be required to disclose whether

27  they have ever had their name legally changed and any prior

28  name or names they have used.

29         (9)(10)  If any applicant under this chapter has been,

30  within the 10 years preceding the application under this

31  chapter, convicted or found guilty of, or entered a plea of

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 1  nolo contendere to, regardless of adjudication, any crime in

 2  any jurisdiction, the application shall not be deemed complete

 3  until such time as the applicant provides such certified true

 4  copies of the court records evidencing the conviction,

 5  finding, or plea, as the licensing authority may by rule

 6  require.

 7         (10)(a)  When applying for any license under this

 8  chapter, every applicant shall be required to disclose the

 9  applicant's criminal records in accordance with this

10  subsection.

11         (b)  The criminal record required to be disclosed shall

12  be any crime listed in paragraph (c) of which the person or

13  entity required to make disclosure has been convicted or to

14  which that person or entity entered a plea in the nature of no

15  contest. Disclosure shall be required pursuant to this

16  subsection regardless of whether adjudication was entered or

17  withheld by the court in which the case was prosecuted.

18         (c)  Crimes to be disclosed are:

19         1.  Any felony or misdemeanor, no matter when

20  committed, which was directly or indirectly related to or

21  involving any aspect of the practice or business of funeral

22  directing, embalming, direct disposition, cremation, funeral

23  or cemetery preneed sales, funeral establishment operations,

24  cemetery operations, or cemetery monument or marker sales or

25  installation.

26         2.  Any other felony not already disclosed under

27  subparagraph 1. which was committed within the 20 years

28  immediately preceding the application under this chapter.

29         3.  Any other misdemeanor not already disclosed under

30  subparagraph 1. which was committed within the 5 years

31  immediately preceding the application under this chapter.

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 1         (d)  Criminal records falling within paragraphs (b) and

 2  (c) shall be disclosed regardless of whether the criminal

 3  conduct occurred inside or outside the state and regardless of

 4  whether the criminal prosecution occurred in state court or

 5  the court of another state, the United States, or a foreign

 6  country. As to crimes prosecuted in courts other than the

 7  courts of this state, the designation of the crime as a felony

 8  or misdemeanor by the law of the jurisdiction prosecuting the

 9  crime shall control. If the prosecuting jurisdiction does not

10  use the term "felony" or "misdemeanor" in classifying the

11  crime, the crime shall be deemed a felony for purposes of this

12  subsection if punishable under the law of the prosecuting

13  jurisdiction by a term of imprisonment in excess of 1 year;

14  otherwise, the crime shall be classified as a misdemeanor for

15  purposes of this subsection. Excessive speed in the operation

16  of a motor vehicle and other noncriminal traffic infractions

17  are not required to be reported under this section.

18         (e)  For purposes of this subsection, the persons

19  required to make disclosure of their criminal records in

20  relation to an application shall be as follows:

21         1.  If the applicant is a natural person, only the

22  natural person making application has the duty to disclose.

23         2.  If the applicant is a corporation, all officers and

24  directors of that corporation have the duty to disclose.

25         3.  If the applicant is a limited liability company,

26  all managers and members of the limited liability company have

27  the duty to disclose.

28         4.  If the applicant is a partnership, all partners

29  have the duty to disclose.

30         5.  If the applicant is required by this chapter to

31  identify in the application the individual licensee under this

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 1  chapter who will be in charge of the applicant, the identified

 2  individual licensee in charge must make disclosure of criminal

 3  records as part of the application, in addition to the

 4  applicant.

 5         (f)  In addition to persons identified in paragraph (e)

 6  as being required to provide a criminal history in relation to

 7  an application for license, the department may during its

 8  prelicensing investigation of the applicant pursuant to

 9  subsection (3), on a case-by-case basis, require disclosure of

10  criminal records from any other employee or principal of the

11  applicant, if the department has grounds to believe that the

12  employee or principal has committed any crime and that the

13  person's relationship to the applicant may render the

14  applicant a danger to the public if the license applied for is

15  issued.

16         (g)  The licensing authority may adopt rules specifying

17  forms and procedures to be used by persons required to

18  disclose criminal records under this subsection. The licensing

19  authority may conduct investigation and further inquiry of any

20  person regarding any criminal record disclosed pursuant to

21  this section.

22         (11)(a)  Whenever in this chapter an applicant is

23  required to submit fingerprints in applying for a license, the

24  persons whose fingerprints must be submitted shall be as

25  follows:

26         1.  If the applicant is a natural person, the

27  fingerprints of the natural person making application.

28         2.  If the applicant is a corporation, the fingerprints

29  of the persons serving in the following capacities: chief

30  executive officer and president, or both persons if the

31  positions are filled by different persons; chief financial

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 1  officer; chief of operations; general counsel if a corporation

 2  employee; and members of the board.

 3         3.  If the applicant is a limited liability company,

 4  the fingerprints of all managers and members of the limited

 5  liability company.

 6         4.  If the applicant is a partnership, the fingerprints

 7  of all partners.

 8         (b)  In addition to persons identified in paragraph (a)

 9  as being required to provide fingerprints, the department may

10  during its prelicensing investigation of the applicant

11  pursuant to subsection (3), on a case-by-case basis, require

12  fingerprints from any other employee of the applicant, if the

13  department has grounds to believe that any such person may

14  have committed any crime and that the person's relationship to

15  the applicant may render the applicant a danger to the public

16  if the license applied for is issued.

17         (12)  The licensing authority may by rule establish

18  forms, procedures, and fees for the submission and processing

19  of fingerprints required to be submitted in accordance with

20  this chapter. The licensing authority may by rule waive the

21  requirement for submission of fingerprints otherwise required

22  by this chapter if the person has within the preceding 24

23  months submitted fingerprints to the licensing authority and

24  the licensing authority has obtained a criminal history report

25  utilizing those prior fingerprints. The cost for the

26  fingerprint processing must be paid to the Department of Law

27  Enforcement and may be borne by the department, the employer,

28  or the person subject to the background check.

29         Section 8.  Subsection (2) of section 497.143, Florida

30  Statutes, as created by chapter 2004-301, Laws of Florida, is

31  amended to read:

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 1         497.143  Licensing; limited licenses for retired

 2  professionals.--

 3         (2)  Any person desiring to obtain a limited license,

 4  when permitted by rule, shall submit to the department an

 5  application and fee, not to exceed $300, and an affidavit

 6  stating that the applicant has been licensed to practice in

 7  any jurisdiction in the United States for at least 10 years in

 8  the profession for which the applicant seeks a limited

 9  license. The affidavit shall also state that the applicant has

10  retired or intends to retire from the practice of that

11  profession and intends to practice only pursuant to the

12  restrictions of the limited license granted pursuant to this

13  section. If the applicant for a limited license submits a

14  notarized statement from the employer stating that the

15  applicant will not receive monetary compensation for any

16  service involving the practice of her or his profession, the

17  application and all licensure fees shall be waived. A person

18  holding a limited license under this section may not engage in

19  preneed sales under such a limited license.

20         Section 9.  Subsection (13) of section 497.144, Florida

21  Statutes, as created by chapter 2004-301, Laws of Florida, is

22  amended to read:

23         497.144  Licensing; examinations, general provisions.--

24         (13)  When any licensed applicant under this chapter

25  requests a hearing to challenge a decision that the

26  applicant's answer to any licensure test question was not a

27  correct answer, or to seek a determination that a challenged

28  question should be struck, unless the an applicant notifies

29  the department at least 5 days prior to the an examination

30  hearing of the applicant's inability to attend or unless the

31  an applicant can demonstrate an extreme emergency for failing

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 1  to attend, the department may require the an applicant who

 2  fails to attend to pay reasonable attorney's fees, costs, and

 3  court costs of the department for the examination hearing.

 4         Section 10.  Paragraph (c) of subsection (1) of section

 5  497.149, Florida Statutes, as created by chapter 2004-301,

 6  Laws of Florida, is amended to read:

 7         497.149  Investigations, hearings, and inspections.--

 8         (1)  INVESTIGATIONS.--Investigations shall be conducted

 9  by the department. The following provisions shall apply

10  concerning investigations:

11         (c)  If the department finds any accounts or records of

12  a licensee required by this chapter to be created and

13  maintained by the licensee to be inadequate or inadequately

14  kept or posted, it may employ experts to reconstruct, rewrite,

15  post, or balance them at the expense of the person being

16  investigated, provided the person has failed to maintain,

17  complete, or correct such records or accounting after the

18  department has given the licensee her or him notice and a

19  reasonable opportunity to do so.

20         Section 11.  Subsection (1) of section 497.151, Florida

21  Statutes, as created by chapter 2004-301, Laws of Florida, is

22  amended, and subsection (4) is added to that section, to read:

23         497.151  Complaints; logs; procedures.--

24         (1)  This section shall be applicable to all licensed

25  entities under this chapter licensees under this chapter

26  except preneed sales agent licensees.

27         (4)  For purposes of this section, the response of a

28  customer recorded by the customer on a customer satisfaction

29  questionnaire or survey form sent to the customer by the

30  licensee, and returned by the customer to the licensee, shall

31  not be deemed to be a complaint.

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 1         Section 12.  Section 497.152, Florida Statutes, as

 2  created by chapter 2004-301, Laws of Florida, is amended to

 3  read:

 4         497.152  Disciplinary grounds.--This section sets forth

 5  conduct which is prohibited and which shall constitute grounds

 6  for denial of any application, imposition of discipline, or

 7  and other enforcement action against the licensee or other

 8  person committing such conduct. For purposes of this section,

 9  the requirements of this chapter include the requirements of

10  rules adopted under authority of this chapter. No subsection

11  heading in this section shall be interpreted as limiting the

12  applicability of any paragraph within the subsection.

13         (1)  GENERAL PROVISIONS.--The generality of the

14  provisions of this subsection shall not be deemed to be

15  limited by the provisions of any other subsection.

16         (a)  Violating any provision of this chapter or any

17  lawful order of the board or department or of the statutory

18  predecessors to the board or department.

19         (b)  Committing fraud, deceit, negligence,

20  incompetency, or misconduct in the practice of any of the

21  activities regulated under this chapter.

22         (c)  Failing while holding a license under this chapter

23  to maintain one or more of the qualifications for such

24  license.

25         (d)  Refusing to sell or issue a contract or provide

26  services to any person because of the person's race, color,

27  creed, marital status, sex, or national origin.

28         (2)  CRIMINAL ACTIVITY.--Being convicted or found

29  guilty of, or entering a plea of nolo contendere to,

30  regardless of adjudication, a crime in any jurisdiction which

31  

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 1  relates to the practice of, or the ability to practice, a

 2  licensee's profession or occupation under this chapter.

 3         (3)  DISCIPLINARY ACTION BY OTHER AUTHORITIES.--Having

 4  a license or the authority to practice a profession or

 5  occupation revoked, suspended, fined, denied, or otherwise

 6  acted against or disciplined by the licensing authority of

 7  another any jurisdiction, including its agencies or

 8  subdivisions, for conduct that would constitute a violation of

 9  this chapter if committed in this state or upon grounds which

10  directly relate to the ability to practice under this chapter.

11  The licensing authority's acceptance of a relinquishment of

12  licensure, stipulation, consent order, or other settlement

13  offered in response to or in anticipation of the filing of

14  charges against the license shall be construed as action

15  against the license.

16         (4)  OBLIGATIONS TO REGULATORS AND OTHER GOVERNMENT

17  AGENCIES.--

18         (a)  Improperly interfering with an investigation or

19  inspection authorized by statute or with any disciplinary

20  proceeding.

21         (b)  Failure to comply with a lawfully issued subpoena

22  of the department.

23         (c)  Refusal to produce records to the department or

24  board in connection with any activity regulated pursuant to

25  this chapter.

26         (d)  Failing to report to the department any violation

27  of this chapter by another person or entity which violation is

28  known to the licensee to have created or be creating a serious

29  and immediate danger to the public health, safety, or welfare

30  person who the licensee knows is in violation of this chapter.

31  

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 1         (e)  Knowingly concealing information relative to

 2  violations of this chapter.

 3         (f)  Attempting to obtain, obtaining, or renewing a

 4  license under this chapter by bribery, false or forged

 5  evidence, or misrepresentation, or through an error of the

 6  department or board known to the applicant.

 7         (g)  Making or filing a report or statement to or with

 8  any government entity which the licensee knows or has reason

 9  to know to be false; or intentionally or negligently failing

10  to file a report or record required to be filed with any

11  government entity, or willfully impeding or obstructing

12  another person to do so, or inducing another person to impede

13  or obstruct such filing.

14         (h)  Failing to perform any statutory or legal

15  obligation placed upon a licensee.

16         (5)  LIMITATIONS ON SCOPE OF PRACTICE; UNLICENSED

17  PRACTICE.--

18         (a)  Practicing or offering to practice beyond the

19  scope permitted by this chapter and rules adopted under this

20  chapter for the type of licensure held or accepting and

21  performing professional responsibilities the licensee knows,

22  or has reason to know, the licensee is not competent to

23  perform.

24         (b)  Practicing or attempting to practice with a

25  revoked, suspended, inactive, or delinquent license.

26         (c)  Representing as her or his own the license of

27  another.

28         (d)  Aiding, assisting, procuring, employing, or

29  advising any person or entity to practice a profession or

30  occupation regulated by this chapter without required

31  licensure under this chapter.

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 1         (e)  Aiding, assisting, procuring, employing, or

 2  advising any person or entity to operate or in operating an

 3  establishment regulated by this chapter without the required

 4  licensure under this chapter.

 5         (f)  Delegating to any person the performance of

 6  professional activities, or contracting with any person for

 7  the performance of professional activities by such person,

 8  when the licensee knows or has reason to know the person is

 9  not qualified by training, experience, and authorization to

10  perform such responsibilities.

11         (g)  Using the name or title "funeral director,"

12  "embalmer," "direct disposer," or other title suggesting

13  licensure which the person using such name or title does not

14  hold.

15         (h)  Engaging by a direct disposer in the practice of

16  direct burial or offering the at-need or preneed service of

17  direct burial.

18         (6)  EDUCATIONAL REQUIREMENTS.--

19         (a)  Failing to comply with applicable educational

20  course requirements pursuant to this chapter or rules adopted

21  under this chapter regarding human immunodeficiency virus and

22  acquired immune deficiency syndrome.

23         (b)  Failing to timely comply with applicable

24  continuing education requirements of this chapter.

25         (7)  RELATIONS WITH OTHER LICENSEES.--

26         (a)  Having been found liable in a civil proceeding for

27  knowingly filing a false report or complaint against another

28  licensee with the department or the board.

29         (b)  Making any misleading statements or

30  misrepresentations as to the financial condition of any

31  person, or which are falsely and maliciously critical of any

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 1  person for the purpose of damaging that person's business

 2  regulated under this chapter.

 3         (8)  TRANSPORT, CUSTODY, TREATMENT, OR DISINTERMENT OF

 4  HUMAN REMAINS.--

 5         (a)  Violation of any state law or rule or any

 6  municipal or county ordinance or regulation affecting the

 7  handling, custody, care, or transportation of dead human

 8  bodies.

 9         (b)  Refusing to surrender promptly the custody of a

10  dead human body upon the express order of the person legally

11  authorized to its custody; however, this provision shall be

12  subject to any state or local laws or rules governing custody

13  or transportation of dead human bodies.

14         (c)  Taking possession of a dead human body without

15  first having obtained written or oral permission from a

16  legally authorized person. If oral permission is granted, the

17  licensee must obtain written permission within a reasonable

18  time as established by rule.

19         (d)  Embalming human remains without first having

20  obtained written or oral permission from a legally authorized

21  person; however, washing and other public health procedures,

22  such as closing of the orifices by placing cotton soaked in a

23  disinfectant in such orifices until authorization to embalm is

24  received, shall not be precluded. If oral permission is

25  granted, the licensee must obtain written permission within a

26  reasonable time as established by board rule.

27         (e)  Failing to obtain written authorization from the

28  family or next of kin of the deceased prior to entombment,

29  interment, disinterment, disentombment, or disinurnment of the

30  remains of any human being.

31         (9)  SALES PRACTICES IN GENERAL.--

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 1         (a)  Soliciting by the licensee, or by her or his

 2  agent, assistant, or employee, through the use of fraud, undue

 3  influence, intimidation, overreaching, or other means which

 4  takes advantage of a customer's ignorance or emotional

 5  vulnerability.

 6         (b)  Exercising undue influence on a client for the

 7  purpose of financial gain of the licensee or a third party in

 8  connection with any transaction regulated by this chapter.

 9         (c)  Discouraging a customer's purchase of any funeral

10  merchandise or service which is advertised or offered for

11  sale, with the purpose of encouraging the purchase of

12  additional or more expensive merchandise or service, by

13  disparaging its quality or appearance, except that true

14  factual statements concerning features, design, or

15  construction do not constitute disparagement; by

16  misrepresenting its availability or any delay involved in

17  obtaining it; or by suggesting directly or by implication that

18  a customer's concern for price or expressed interest in

19  inexpensive funeral merchandise or services is improper,

20  inappropriate, or indicative of diminished respect or

21  affection for the deceased.

22         (d)  Misrepresenting the benefits, advantages,

23  conditions, or terms of any contract to provide any services

24  or merchandise regulated under this chapter.

25         (e)  Advertising goods and services in a manner that is

26  fraudulent, deceptive, or misleading in form or content.

27         (f)  Directly or indirectly making any deceptive,

28  misleading, or untrue representations, whether oral or

29  written, or employing any trick, scheme, or artifice, in or

30  related to the practice of a profession or occupation

31  regulated under this chapter, including in the advertising or

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 1  sale of any merchandise or services related to the practice of

 2  the profession or occupation.

 3         (10)  SPECIFIC MISREPRESENTATIONS.--

 4         (a)  Making any false or misleading statement of the

 5  legal requirement as to the necessity of any particular burial

 6  or funeral merchandise or services.

 7         (b)  Making any oral, written, or visual

 8  representations, directly or indirectly, that any funeral

 9  merchandise or service is offered for sale when such is not a

10  bona fide offer to sell such merchandise or service.

11         (c)  Making any misrepresentation for the purpose of

12  inducing, or tending to induce, the lapse, forfeiture,

13  exchange, conversion, or surrender of any preneed contract or

14  any life insurance policy pledged or assigned to secure

15  payment for funeral or burial goods or services.

16         (d)  Misrepresenting pertinent facts or prepaid

17  contract provisions relating to funeral or burial merchandise

18  or services.

19         (e)  Misrepresenting the amount advanced on behalf of a

20  customer for any item of service or merchandise, including,

21  but not limited to, cemetery or crematory services,

22  pallbearers, public transportation, clergy honoraria, flowers,

23  musicians or singers, nurses, obituary notices, gratuities,

24  and death certificates, described as cash advances,

25  accommodations, or words of similar import on the contract,

26  final bill, or other written evidence of agreement or

27  obligation furnished to customers; however, nothing in this

28  paragraph shall require disclosure of a discount or rebate

29  which may accrue to a licensee subsequent to making a cash

30  advance.

31  

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 1         (f)  Making any false or misleading statement or claim

 2  that natural decomposition or decay of human remains can be

 3  prevented or substantially delayed by embalming, use of a

 4  gasketed or ungasketed casket, or use of an adhesive or

 5  nonadhesive closure on an outer burial container.

 6         (g)  Making any false or misleading statement, oral or

 7  written, directly or indirectly, regarding any law or rule

 8  pertaining to the preparation for disposition, transportation

 9  for disposition, or disposition of dead human bodies.

10         (h)  Making any false or misleading statements of the

11  legal requirement as to the conditions under which

12  preservation of a dead human body is required or as to the

13  necessity of a casket or outer burial container.

14         (11)  SPECIFIC SALES PRACTICES.--

15         (a)  Failing to furnish, for retention, to each

16  purchaser of burial rights, burial or funeral merchandise, or

17  burial or funeral services a written agreement, the form of

18  which has been previously approved if and as required by this

19  chapter, which lists in detail the items and services

20  purchased together with the prices for the items and services

21  purchased; the name, address, and telephone number of the

22  licensee; the signatures of the customer and the licensee or

23  her or his representative; and the date signed.

24         (b)  Filling in any contract form for use with a

25  particular customer, using language that Using any name or

26  title in any contract regulated under this chapter which

27  misrepresents the true nature of the contract.

28         (c)  Selling an irrevocable preneed contract to a

29  person who is not an applicant for or recipient of

30  Supplemental Security Income or Aid to Families with Dependent

31  Children or pursuant to s. 497.459(6)(a).

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 1         (d)  Except as authorized in part IV of this chapter,

 2  guaranteeing the price of goods and services at a future date.

 3         (e)  Requiring that a casket be purchased for cremation

 4  or claiming directly or by implication that a casket is

 5  required for cremation.

 6         (f)  When displaying any caskets for sale, failing to

 7  display the least expensive casket offered for sale or use in

 8  adult funerals in the same general manner as the funeral

 9  service industry member's other caskets are displayed.

10         (g)  Assessing fees and costs that have not been

11  disclosed to the customer in connection with any transaction

12  regulated by this chapter.

13         (h)  Failure by a cemetery licensed under this chapter

14  to provide to any person, upon request, a copy of the cemetery

15  bylaws.

16         (i)  Requirements by a cemetery licensee that lot

17  owners or current customers make unnecessary visits to the

18  cemetery company office for the purpose of solicitation.

19         (12)  DISCLOSURE REQUIREMENTS.--

20         (a)  Failure to disclose, when such disclosure is

21  desired, the components of the prices for alternatives offered

22  by the licensee from whom disclosure is requested, such as

23  graveside service, direct disposition, and body donation

24  without any rites or ceremonies prior to the delivery of the

25  body and prices of service if there are to be such after the

26  residue has been removed following the use thereof.

27         (b)  Failing to furnish, for retention, to anyone who

28  inquires in person about burial rights, burial or funeral

29  merchandise, or burial or funeral services, before any

30  discussion of selection, a printed or typewritten list

31  specifying the range of retail prices for such rights,

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 1  merchandise, or services. At a minimum, the list shall itemize

 2  the highest and lowest priced product and service regularly

 3  offered and shall include the name, address, and telephone

 4  number of the licensee and statements that the customer may

 5  choose only the items the customer desires, that the customer

 6  will be charged for only those items selected, and that there

 7  may be other charges for other items or other services.

 8         (c)  Failing to reasonably provide by telephone, upon

 9  request, accurate information regarding the retail prices of

10  funeral merchandise and services offered for sale by that

11  licensee.

12         (d)  Failure by a funeral director to make full

13  disclosure in the case of a funeral or direct disposition with

14  regard to the use of funeral merchandise which is not to be

15  disposed of with the body or failure to obtain written

16  permission from the purchaser regarding disposition of such

17  merchandise.

18         (e)  Failure by any funeral director to fully disclose

19  all of her or his available services and merchandise prior to

20  the selection of a casket offered by a licensee. The full

21  disclosure required shall identify what is included in the

22  funeral or direct disposition and the prices of all services

23  and merchandise provided by the licensee or registrant.

24         (f)  Failing to have the price of any casket offered

25  for sale clearly marked on or in the casket, whether the

26  casket is displayed at a funeral establishment or at any other

27  location, regardless of whether the licensee is in control of

28  such location. If a licensee uses books, catalogs, brochures,

29  or other printed display aids, the price of each casket shall

30  be clearly marked.

31  

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 1         (g)  Failing to disclose all fees and costs the

 2  customer may incur to use the burial rights or merchandise

 3  purchased.

 4         (13)  CONTRACT OBLIGATIONS.--

 5         (a)  Failing without reasonable justification to timely

 6  honor contracts entered into by the licensee or under the

 7  licensee's license for funeral or burial merchandise or

 8  services.

 9         (b)  Failure to honor preneed contract cancellation

10  requests and make refunds as required by the chapter.

11         (14)  OBLIGATIONS REGARDING COMPLAINTS AND CLAIMS BY

12  CUSTOMERS.--

13         (a)  Failing to adopt and implement standards for the

14  proper investigation and resolution of claims and complaints

15  received by a licensee relating to the licensee's activities

16  regulated by this chapter.

17         (b)  Committing or performing with such frequency as to

18  indicate a general business practice any of the following:

19         1.  Failing to acknowledge and act promptly upon

20  communications from a licensee's customers and their

21  representatives with respect to claims or complaints relating

22  to the licensee's activities regulated by this chapter.

23         2.  Denying claims or rejecting complaints received by

24  a licensee from a customer or customer's representative,

25  relating to the licensee's activities regulated by this

26  chapter, without first conducting reasonable investigation

27  based upon available information.

28         3.  Attempting to settle a claim or complaint on the

29  basis of a material document which was altered without notice

30  to, or without the knowledge or consent of, the contract

31  purchaser or her or his representative or legal guardian.

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 1         4.  Failing within a reasonable time to affirm or deny

 2  coverage of specified services or merchandise under a contract

 3  entered into by a licensee upon written request of the

 4  contract purchaser or her or his representative or legal

 5  guardian.

 6         5.  Failing to promptly provide, in relation to a

 7  contract for funeral or burial merchandise or services entered

 8  into by the licensee or under the licensee's license, a

 9  reasonable explanation to the contract purchaser or her or his

10  representative or legal guardian of the licensee's basis for

11  denying or rejecting all or any part of a claim or complaint

12  submitted.

13         (c)  Making a material misrepresentation to a contract

14  purchaser or her or his representative or legal guardian for

15  the purpose and with the intent of effecting settlement of a

16  claim or complaint or loss under a prepaid contract on less

17  favorable terms than those provided in, and contemplated by,

18  the prepaid contract.

19         (d)  Failing to maintain a complete copy of every

20  complaint received by the licensee since the date of the last

21  examination of the licensee by the department. For purposes of

22  this subsection, the term "complaint" means any written

23  communication primarily expressing a grievance and which

24  communication is from:

25         1.  A representative or family member of a deceased

26  person interred at the licensee's facilities or using the

27  licensee's services, or which deceased's remains were the

28  subject of any service provided by the licensee or licensee's

29  business; or

30         2.  A person, or such person's family member or

31  representative, who inquired of the licensee or licensee's

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 1  business concerning the purchase of, or who purchased or

 2  contracted to purchase, any funeral or burial merchandise or

 3  services from the licensee or licensee's business.

 4  

 5  For purposes of this subsection, the response of a customer

 6  recorded by the customer on a customer satisfaction

 7  questionnaire or survey form sent to the customer by the

 8  licensee, and returned by the customer to the licensee, shall

 9  not be deemed to be a complaint.

10         (15)  MISCELLANEOUS FINANCIAL MATTERS.--

11         (a)  Failing to timely pay any fee required by this

12  chapter.

13         (b)  Failing to timely remit as required by this

14  chapter the required amounts to any trust fund required by

15  this chapter. The board may, by rule, provide criteria for

16  identifying minor, nonwillful trust remittance deficiencies;

17  remittance deficiencies falling within such criteria, if fully

18  corrected within 30 days after notice to the licensee by the

19  department, do not constitute a disciplinary violation.

20         (c)  Paying to or receiving from any organization,

21  agency, or person, either directly or indirectly, any

22  commission, bonus, kickback, or rebate in any form whatsoever

23  for any business regulated under this chapter, whether such

24  payments are made or received by the licensee, or her or his

25  agent, assistant, or employee; however, this provision shall

26  not prohibit the payment of commissions by a funeral director,

27  funeral establishment, cemetery, or monument establishment to

28  its preneed agents licensed pursuant to this chapter or to

29  licensees under this chapter.

30         Section 13.  Subsection (1), paragraph (b) of

31  subsection (2), and paragraph (c) of subsection (4) of section

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 1  497.153, Florida Statutes, as created by chapter 2004-301,

 2  Laws of Florida, are amended to read:

 3         497.153  Disciplinary procedures and penalties.--

 4         (1)  JURISDICTION OF LICENSING AUTHORITY TO INVESTIGATE

 5  AND PROSECUTE.--The expiration, nonrenewal, or surrender of

 6  licensure under this chapter shall not eliminate jurisdiction

 7  in the licensing authority to investigate and prosecute for

 8  violations committed by a licensee while licensed under this

 9  chapter. The prosecution of any matter may be initiated or

10  continued notwithstanding the withdrawal of any complaint.

11         (2)  DETERMINATION OF PROBABLE CAUSE.--

12         (b)  Prior to submitting a matter to the probable cause

13  panel, the licensee who is the subject of the matter shall be

14  provided by the department with a copy of any written

15  complaint received by the department in the matter and shall

16  be advised that the licensee she or he may, within 20 days

17  after receipt of a copy of such complaint from the department,

18  submit to the department a written response. Any response

19  timely received by the department shall be provided by the

20  department to the probable cause panel. Licensees may not

21  appear in person or through a representative at any probable

22  cause panel proceeding. This paragraph shall not apply to

23  emergency action.

24         (4)  ACTION AFTER PROBABLE CAUSE FOUND.--

25         (c)  The department may at any time present to the

26  board a proposed settlement by consent order or otherwise of

27  any matter as to which probable cause has been found. If the

28  board accepts the proposed settlement, it may execute and file

29  the consent order as its final order in the matter or may

30  otherwise issue its final order in the matter shall issue its

31  final order adopting the settlement. If the board does not

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 1  accept such settlement, the prosecution of the matter shall be

 2  resumed. No settlement of any disciplinary matter as to which

 3  probable cause has been found may be entered into by the board

 4  prior to receipt of a recommended order of an administrative

 5  law judge without the department's concurrence.

 6         Section 14.  Subsection (1) of section 497.158, Florida

 7  Statutes, as renumbered and amended by section 28 of chapter

 8  2004-301, Laws of Florida, is amended to read:

 9         497.158  Court enforcement actions; powers; abatement

10  of nuisances.--

11         (1)  In addition to or in lieu of other actions

12  authorized by this chapter, the department may petition the

13  courts of this state for injunctive or other relief against

14  any licensed or unlicensed person for the enforcement of this

15  chapter and orders issued under this chapter. The court shall

16  be authorized to impose a fine of up to $5,000 per violation

17  on any licensee under this chapter and up to $10,000 on any

18  person not licensed under this chapter, payable to the

19  department, upon any person determined by the court to have

20  violated this chapter, and may order payment to the department

21  of the department's attorney's fees and litigation costs, by

22  any person found to have violated this chapter.

23         Section 15.  Subsections (1), (3), and (4) and

24  paragraph (a) of subsection (5) of section 497.159, Florida

25  Statutes, as created by chapter 2004-301, Laws of Florida, are

26  amended to read:

27         497.159  Crimes.--

28         (1)  The theft of an examination in whole or in part or

29  the act of unauthorized reproducing, circulating, or copying

30  of any questions or answers on, from, or for any prelicensure

31  examination administered by the department or the board,

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 1  whether such examination is reproduced or copied in part or in

 2  whole and by any means, constitutes a felony of the third

 3  degree, punishable as provided in s. 775.082, s. 775.083, or

 4  s. 775.084.

 5         (3)  Any individual who willfully obstructs the

 6  department or its examiner in any examination or investigation

 7  authorized by this chapter is guilty of a misdemeanor of the

 8  second degree and is, in addition to any disciplinary action

 9  under this chapter, punishable as provided in s. 775.082 or s.

10  775.083. The initiation of action in any court by or on behalf

11  of any licensee to terminate or limit any examination or

12  investigation under this chapter shall not constitute a

13  violation under this subsection.

14         (4)  Any officer or director, or person occupying

15  similar status or performing similar functions, of a preneed

16  licensee who fails licensee under this chapter who knowingly

17  directs or causes the failure to make required deposits to any

18  trust fund required by this chapter; any director, officer,

19  agent, or employee of a preneed licensee who makes any

20  unlawful withdrawal of funds from any such account or who

21  knowingly discloses to the department or an employee thereof

22  any false report made pursuant to this chapter; or any person

23  who willfully violates any of the provisions of part II, part

24  IV or part V, or with knowledge that such required deposits

25  are not being made as required by law fails to report such

26  failure to the department, or who knowingly directs or causes

27  the unlawful withdrawal of funds from any trust fund required

28  by this chapter, commits a felony of the third degree,

29  punishable as provided in s. 775.082, s. 775.083, or s.

30  775.084.

31  

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 1         (5)(a)  A No cemetery company or other legal entity

 2  conducting or maintaining any public or private cemetery may

 3  not deny burial space to any person because of race, creed,

 4  marital status, sex, national origin, or color. A cemetery

 5  company or other entity operating any cemetery may designate

 6  parts of cemeteries or burial grounds for the specific use of

 7  persons whose religious code requires isolation. Religious

 8  institution cemeteries may limit burials to members of the

 9  religious institution and their families.

10         Section 16.  Paragraphs (g) and (h) of subsection (1)

11  and subsection (3) of section 497.161, Florida Statutes, as

12  created by chapter 2004-301, Laws of Florida, are amended to

13  read:

14         497.161  Other rulemaking provisions.--

15         (1)  In addition to such other rules as are authorized

16  or required under this chapter, the following additional

17  rules, not inconsistent with this chapter, shall be authorized

18  by the licensing authority.

19         (g)  Rules establishing procedures by which the

20  department may use the expert or technical advice of the board

21  or members of the board for the purposes of any investigation,

22  inspection, or financial examination, without thereby

23  disqualifying the board member from voting on final action in

24  the matter.

25         (g)(h)  In connection with the statutory revisions by

26  the 2004 2005 Regular Session of the Legislature merging

27  chapters 470 and 497 as those chapters appeared in the 2003

28  2004 edition of the Florida Statutes and the elimination of

29  the former boards under those chapters and the movement of

30  regulation out of the Department of Business and Professional

31  Regulation, the licensing authority shall through July 1,

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 1  2006, be deemed to have extraordinary rulemaking authority to

 2  adopt any and all rules jointly agreed by the board and the

 3  department to be necessary for the protection of the public

 4  concerning the regulation of the professions and occupations

 5  regulated under this chapter, or for the relief of licensees

 6  regulated under this chapter concerning any impacts which the

 7  department and the board jointly agree were unintended or not

 8  contemplated in the enactment of the 2004 2005 legislative

 9  changes. The authority under this paragraph and any rules

10  adopted under authority of this paragraph shall expire July 1,

11  2006.

12         (3)  The department and the board shall each have

13  standing under chapter 120 for the purposes of challenging

14  rules or proposed rules under this chapter. This subsection

15  shall not be interpreted to deny standing to a licensee to

16  challenge any rule under this chapter if the licensee would

17  otherwise have standing.

18         Section 17.  Section 497.165, Florida Statutes, as

19  renumbered and amended by chapter 2004-30, Florida Statutes,

20  is amended to read:

21         497.165  Liability of owners, directors, and officers

22  regarding trust funds.--The owners, officers, and directors of

23  any licensee under this chapter may be held jointly and

24  severally liable for any deficiency in any trust fund required

25  by this chapter, to the extent the deficiency arose during the

26  period they were owners, officers or directors of the

27  licensee, if they intentionally or through gross their

28  conduct, or their negligence in the performance of their

29  duties, caused the deficiency or substantially contributed to

30  conditions that allowed the deficiency to arise or increase.

31  

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 1         Section 18.  Subsections (1) and (3) of section

 2  497.166, Florida Statutes, as created by chapter 2004-301,

 3  Laws of Florida, are amended to read:

 4         497.166  Preneed sales.--

 5         (1)  Regulation of preneed sales shall be as set forth

 6  in part IV of this chapter. A No person may not act as an

 7  agent for a preneed licensee funeral establishment or direct

 8  disposal establishment with respect to preneed contracts

 9  unless the such person is licensed as a preneed sales agent

10  pursuant to part IV of this chapter or is a licensed funeral

11  director acting as a preneed sales agent.

12         (3)(a)  The funeral director in charge of a funeral

13  establishment shall be responsible for the control and

14  activities of the establishment's preneed sales agents.

15         (b)  The direct disposer in charge or a funeral

16  director acting as a direct disposer in charge of a direct

17  disposal establishment shall be responsible for the control

18  and activities of the establishment's preneed sales agents.

19         (c)  The responsibility imposed by this subsection on

20  the funeral director and direct disposer in charge is a duty

21  of reasonable supervision and not absolute liability. The

22  responsibility of the funeral director or direct disposer in

23  charge shall be in addition to the responsibility of the

24  preneed licensee for the conduct of the preneed sales agents

25  it employs.

26         Section 19.  Subsection (2) of section 497.169, Florida

27  Statutes, as renumbered and amended by section 39 of chapter

28  2004-301, Laws of Florida, is amended to read:

29         497.169  Private actions; actions on behalf of

30  consumers; attorney's fee.--

31  

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 1         (2)  In any civil litigation resulting from a

 2  transaction involving a violation of this chapter by a

 3  cemetery company or burial rights broker licensed under part

 4  II, a monument establishment licensed under part V, or a

 5  preneed entity or preneed sales agent licensed under part IV,

 6  the court may award to the prevailing party and against the

 7  cemetery company, burial rights broker, monument

 8  establishment, or preneed entity or sales agent, after

 9  judgment in the trial court and exhaustion of any appeal,

10  reasonable attorney's fees and costs from the nonprevailing

11  party in an amount to be determined by the trial court. Any

12  award of attorney's fees or costs shall become a part of the

13  judgment and shall be subject to execution as the law allows.

14  This subsection does not apply to licensees licensed under

15  part III or part VI.

16         Section 20.  Section 497.171, Florida Statutes, is

17  created to read:

18         497.171  Identification of human remains.--

19         (1)  PRIOR TO FINAL DISPOSITION.--

20         (a)  This subsection applies to licensees under parts

21  III and VI.

22         (b)  The licensee in charge of the final disposition of

23  dead human remains shall, prior to final disposition of such

24  dead human remains, affix on the ankle or wrist of the

25  deceased, and on the casket or alternative container or

26  cremation container, proper identification of the dead human

27  remains. The identification or tag shall be encased in or

28  consist of durable and long-lasting material containing the

29  name, date of birth, and date of death of the deceased, if

30  available. The board may adopt rules specifying acceptable

31  materials for such identification tags, acceptable locations

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 1  for the tags on the casket or alternative container or

 2  cremation container, and acceptable methods of affixing the

 3  tags.

 4         (c)  If the dead human remains are cremated, proper

 5  identification shall be placed in the container or urn

 6  containing the remains.

 7         (d)  Any licensee responsible for removal of dead human

 8  remains to any establishment, facility, or location shall

 9  ensure that the remains are identified by a tag or other means

10  of identification that is affixed to the ankle or wrist of the

11  deceased at the time the remains are removed from the place of

12  death or other location.

13         (2)  INTERMENT IN UNLICENSED CEMETERIES.--The

14  identification of human remains interred in an unlicensed

15  cemetery shall be the responsibility of the licensed funeral

16  establishment in charge of the funeral arrangements for the

17  deceased person. The licensed funeral establishment in charge

18  of the funeral arrangements for the interment in an unlicensed

19  cemetery of human remains shall place on the outer burial

20  container, cremation interment container, or other container

21  or on the inside of a crypt or niche a tag or permanent

22  identifying mark containing the name of the decedent and the

23  date of death, if available. The materials and locations of

24  the tag or mark shall be more specifically described by rule

25  of the licensing authority.

26         (3)  INTERMENT IN LICENSED CEMETERIES.--

27         (a)  This subsection applies to cemetery licensees

28  under part II.

29         (b)  As to interments in a licensed cemetery, each

30  licensed cemetery shall place on the outer burial container,

31  cremation interment container, or other container or on the

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 1  inside of a crypt or niche a tag or permanent identifying

 2  marker containing the name of the decedent and the date of

 3  death, if available. The materials and the location of the tag

 4  or marker shall be more specifically described by rule of the

 5  licensing authority.

 6         (c)  Each licensed cemetery may rely entirely on the

 7  identity stated on the burial transit permit or on the

 8  identification supplied by a person licensed under this

 9  chapter to establish the identity of the dead human remains

10  delivered by such person for burial and shall not be liable

11  for any differences between the identity shown on the burial

12  transit permit or identification and the actual identity of

13  the dead human remains delivered by such person and buried in

14  the cemetery.

15         (4)  DIRECT DISPOSAL ESTABLISHMENTS.--Direct disposal

16  establishments shall establish a system of identification of

17  human remains received which shall be designed to track the

18  identity of the remains from the time of receipt until

19  delivery of the remains to the authorized persons. This is in

20  addition to the requirements for identification of human

21  remains set forth in subsection (1). A copy of the

22  identification procedures shall be available, upon request, to

23  the department and legally authorized persons.

24         (5)  RELIANCE ON LEGALLY AUTHORIZED PERSON.--Any

25  licensee charged with responsibility under this section may

26  rely on the representation of a legally authorized person to

27  establish the identity of dead human remains.

28         Section 21.  Paragraph (b) of subsection (6) of section

29  497.260, Florida Statutes, as renumbered and amended by

30  section 42 of chapter 2004-301, Laws of Florida, is amended to

31  read:

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 1         497.260  Cemeteries; exemption; investigation and

 2  mediation.--

 3         (6)(b)  A No cemetery company or other legal entity

 4  conducting or maintaining any public or private cemetery may

 5  not deny burial space to any person because of race, creed,

 6  marital status, sex, national origin, or color. A cemetery

 7  company or other entity operating any cemetery may designate

 8  parts of cemeteries or burial grounds for the specific use of

 9  persons whose religious code requires isolation. Religious

10  institution cemeteries may limit burials to members of the

11  religious institution and their families.

12         Section 22.  Paragraphs (b), (m), (o), and (q) of

13  subsection (2) of section 497.263, Florida Statutes, as

14  renumbered and amended by section 45 of chapter 2004-301, Laws

15  of Florida, are amended to read:

16         497.263  Cemetery companies; license required;

17  licensure requirements and procedures.--

18         (2)  APPLICATION PROCEDURES.--

19         (b)  The applicant shall be a corporation, or a

20  partnership, or a limited liability company formed prior to

21  January 1, 2005, which limited liability company already holds

22  a license under this chapter.

23         (m)  The applicant shall be required to make disclosure

24  of the applicant's criminal records, if any, as required by s.

25  497.142. The application shall require the applicant to

26  disclose whether the applicant or any principal of the

27  applicant has ever been convicted or found guilty of, or

28  entered a plea of no contest to, regardless of adjudication,

29  any crime in any jurisdiction. The licensing authority may

30  require by rule additional information to be provided

31  concerning any affirmative answers.

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 1         (o)  The applicant shall submit fingerprints in

 2  accordance with s. 497.142. The application shall require the

 3  applicant and applicant's principals to provide fingerprints

 4  in accordance with part I of this chapter.

 5         (q)  The application shall be signed in accordance with

 6  s. 497.141(12) by the president of the applicant.

 7         Section 23.  Paragraphs (h), (j), and (l) of subsection

 8  (2) of section 497.264, Florida Statutes, as renumbered and

 9  amended by chapter 2004-301, Laws of Florida, are amended to

10  read:

11         497.264  License not assignable or transferable.--

12         (2)  Any person or entity that seeks to purchase or

13  otherwise acquire control of any cemetery licensed under this

14  chapter shall first apply to the licensing authority and

15  obtain approval of such purchase or change in control.

16         (h)  The applicant shall be required to make disclosure

17  of applicant's criminal records, if any, as required by s.

18  497.142. The application shall require the applicant to

19  disclose whether the applicant or any principal of the

20  applicant has ever been convicted or found guilty of, or

21  entered a plea of no contest to, regardless of adjudication,

22  any crime in any jurisdiction. The licensing authority may

23  require by rule additional information to be provided

24  concerning any affirmative answers.

25         (j)  The applicant shall submit fingerprints in

26  accordance with s. 497.142. The application shall require the

27  applicant and the applicant's principals to provide

28  fingerprints in accordance with part I of this chapter.

29         (l)  The application shall be signed in accordance with

30  s. 497.141(12) by the applicant if a natural person, otherwise

31  by the president of the applicant.

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 1         Section 24.  Section 497.281, Florida Statutes, as

 2  renumbered and amended by section 62 of chapter 2004-301, Laws

 3  of Florida, is amended to read:

 4         497.281  Licensure of brokers of burial rights.--

 5         (1)  No person shall receive compensation to act as a

 6  third party to the sale or transfer of three or more burial

 7  rights in a 12-month period unless the person pays a license

 8  fee as determined by licensing authority rule but not to

 9  exceed $250 and is licensed with the department as a burial

10  rights broker in accordance with this section.

11         (2)(a)  The applicant shall be required to make

12  disclosure of the applicant's criminal records, if any, as

13  required by s. 497.142.

14         (b)  The application must require the applicant to

15  disclose whether the applicant or any principal of the

16  applicant has ever had a license or the authority to practice

17  a profession or occupation refused, suspended, fined, denied,

18  or otherwise acted against or disciplined by the licensing

19  authority of any jurisdiction. The licensing authority may

20  require, by rule, additional information to be provided

21  concerning any affirmative answers. A licensing authority's

22  acceptance of a relinquishment of licensure, stipulation,

23  consent order, or other settlement, offered in response to or

24  in anticipation of the filing of charges against the license,

25  shall be construed as action against the license. The

26  licensing authority may require, by rule, additional

27  information to be provided concerning any affirmative answers.

28         (c)  The applicant shall submit fingerprints in

29  accordance with s. 497.142. The application shall be signed in

30  accordance with s. 497.141(12).

31  

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 1         (d)  The applicant shall demonstrate by clear and

 2  convincing evidence that the applicant has the ability,

 3  experience, and integrity to act as a burial broker and, if

 4  the applicant is an entity, that the applicant's principals

 5  are of good character.

 6         (3)  The licensing authority shall by rule establish

 7  requirements for minimum records to be maintained by licensees

 8  under this section, for the purpose of preventing confusion

 9  and error by the licensee or by the cemeteries in which the

10  burial rights are located as to the status as sold or unsold,

11  and the identity of the owner, of the burial rights and

12  related interment spaces in the cemetery.

13         (4)  The licensing authority may, by rule, require

14  inspections of the records of licensees under this section.

15         (5)(2)  The department, by rule, shall provide for the

16  biennial renewal of licenses under this section and a renewal

17  fee as determined by licensing authority rule but not to

18  exceed $250.

19         (6)(3)  The licensure requirements of this section do

20  shall not apply to persons otherwise licensed pursuant to this

21  chapter, but such persons, if they engage in activity as a

22  burial rights broker, are subject to rules relating to

23  required records and inspections.

24         (4)  The licensing authority may by rule specify

25  records of brokerage transactions which shall be required to

26  be maintained by burial rights brokers licensed under this

27  subsection, and which shall be subject to inspection by the

28  department.

29         Section 25.  Subsection (12) is added to section

30  497.365, Florida Statutes, to read:

31         497.365  Licensure; inactive and delinquent status.--

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 1         (12)  The board shall prescribe, by rule, an

 2  application fee for inactive status, a renewal fee for

 3  inactive status, a delinquency fee, and a fee for reactivation

 4  of a license. The amount of any such fee may not exceed the

 5  amount of the biennial renewal fee established by the board

 6  for an active license. The department may not reactivate a

 7  license unless the inactive or delinquent licensee has paid

 8  any applicable biennial renewal or delinquency fee, or both,

 9  and a reactivation fee.

10         Section 26.  Paragraph (c) of subsection (1) of section

11  497.368, Florida Statutes, as renumbered and amended by

12  section 73 of chapter 2004-301, Laws of Florida, is amended to

13  read:

14         497.368  Embalmers; licensure as an embalmer by

15  examination; provisional license.--

16         (1)  Any person desiring to be licensed as an embalmer

17  shall apply to the licensing authority to take the licensure

18  examination. The licensing authority shall examine each

19  applicant who has remitted an examination fee set by rule of

20  the licensing authority not to exceed $200 plus the actual per

21  applicant cost to the licensing authority for portions of the

22  examination and who has:

23         (c)  Made disclosure of applicant's criminal records,

24  if any, as required by s. 497.142. The applicant shall submit

25  fingerprints in accordance with s. 497.142. The applicant may

26  not be licensed under this section unless the licensing

27  authority determines that the applicant is of good character

28  and has no demonstrated history of lack of trustworthiness or

29  integrity in business or professional matters. Had no

30  conviction or finding of guilt, regardless of adjudication,

31  

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 1  for a crime which directly relates to the ability to practice

 2  embalming or the practice of embalming.

 3         Section 27.  Paragraph (d) is added to subsection (1)

 4  of section 497.369, Florida Statutes, as renumbered and

 5  amended by section 74 of chapter 2004-301, Laws of Florida, to

 6  read:

 7         497.369  Embalmers; licensure as an embalmer by

 8  endorsement; licensure of a temporary embalmer.--

 9         (1)  The licensing authority shall issue a license by

10  endorsement to practice embalming to an applicant who has

11  remitted an examination fee set by rule of the licensing

12  authority not to exceed $200 and who the licensing authority

13  certifies:

14         (d)  Has made disclosure of the applicant's criminal

15  records, if any, as required by s. 497.142. The applicant

16  shall submit fingerprints in accordance with s. 497.142. The

17  applicant may not be licensed under this section unless the

18  licensing authority determines that the applicant is of good

19  character and has no demonstrated history of lack of

20  trustworthiness or integrity in business or professional

21  matters.

22         Section 28.  Paragraph (c) of subsection (1) of section

23  497.373, Florida Statutes, as renumbered and amended by

24  section 78 of chapter 2004-301, Laws of Florida, is amended to

25  read:

26         497.373  Funeral directing; licensure as a funeral

27  director by examination; provisional license.--

28         (1)  Any person desiring to be licensed as a funeral

29  director shall apply to the licensing authority to take the

30  licensure examination. The licensing authority shall examine

31  each applicant who has remitted an examination fee set by rule

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 1  of the licensing authority not to exceed $200 plus the actual

 2  per applicant cost to the licensing authority for portions of

 3  the examination and who the licensing authority certifies has:

 4         (c)  Made disclosure of the applicant's criminal

 5  records, if any, as required by s. 497.142. The applicant

 6  shall submit fingerprints in accordance with s. 497.142. The

 7  applicant may not be licensed under this section unless the

 8  licensing authority determines that the applicant is of good

 9  character and has no demonstrated history of lack of

10  trustworthiness or integrity in business or professional

11  matters. Had no conviction or finding of guilt, regardless of

12  adjudication, for a crime which directly relates to the

13  ability to practice funeral directing or the practice of

14  funeral directing.

15         Section 29.  Paragraph (d) is added to subsection (1)

16  of section 497.374, Florida Statutes, as renumbered and

17  amended by section 79 of chapter 2004-301, Laws of Florida, to

18  read:

19         497.374  Funeral directing; licensure as a funeral

20  director by endorsement; licensure of a temporary funeral

21  director.--

22         (1)  The licensing authority shall issue a license by

23  endorsement to practice funeral directing to an applicant who

24  has remitted a fee set by rule of the licensing authority not

25  to exceed $200 and who:

26         (d)  Has made disclosure of the applicant's criminal

27  records, if any, as required by s. 497.142. The applicant

28  shall submit fingerprints in accordance with s. 497.142. The

29  applicant may not be licensed under this section unless the

30  licensing authority determines that the applicant is of good

31  character and has no demonstrated history of lack of

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 1  trustworthiness or integrity in business or professional

 2  matters.

 3         Section 30.  Subsection (1) of section 497.376, Florida

 4  Statutes, as renumbered and amended by section 81 of chapter

 5  2004-301, Laws of Florida, is amended to read:

 6         497.376  License as funeral director and embalmer

 7  permitted; display of license.--

 8         (1)  Nothing in this chapter may be construed to

 9  prohibit a person from holding a license as an embalmer and a

10  license as a funeral director at the same time. There may be

11  issued and renewed by the licensing authority a combination

12  license as both funeral director and embalmer to persons

13  meeting the separate requirements for both licenses as set

14  forth in this chapter. The licensing authority may adopt rules

15  providing procedures for applying for and renewing such a

16  combination license. The licensing authority may, by rule,

17  establish application, renewal, and other fees for such a

18  combination license, which fees may not exceed the sum of the

19  maximum fees for the separate funeral director and embalmer

20  license categories as provided in this chapter. A person who

21  holds a combination license as a funeral director and embalmer

22  is subject to regulation under this chapter both as a funeral

23  director and an embalmer.

24         Section 31.  Subsection (1) of section 497.378, Florida

25  Statutes, as renumbered and amended by chapter 2004-301, Laws

26  of Florida, is amended to read:

27         497.378  Renewal of funeral director and embalmer

28  licenses.--

29         (1)  There shall be renewed a funeral director or

30  embalmer license upon receipt of the renewal application and

31  fee set by the licensing authority not to exceed $500 $250.

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 1  The licensing authority may prescribe by rule continuing

 2  education requirements of up to 12 classroom hours and may by

 3  rule establish criteria for accepting alternative nonclassroom

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

 5  a licensing authority-approved course on communicable diseases

 6  that includes the course on human immunodeficiency virus and

 7  acquired immune deficiency syndrome required by s. 497.367,

 8  for the renewal of a funeral director or embalmer license. The

 9  rule may provide for the waiver of continuing education

10  requirements in circumstances that would justify the waiver,

11  such as hardship, disability, or illness. The continuing

12  education requirement is not required after July 1, 1996, for

13  a licensee who is over the age of 75 years if the licensee

14  does not qualify as the sole person in charge of an

15  establishment or facility.

16         Section 32.  Subsections (1), (4), (5), and (12) of

17  section 497.380, Florida Statutes, as renumbered and amended

18  by section 85 of chapter 2004-301, Laws of Florida, are

19  amended to read:

20         497.380  Funeral establishment; licensure.--

21         (1)  A funeral establishment shall be a place at a

22  specific street address or location consisting of at least

23  1,250 contiguous interior square feet and must maintain or

24  make arrangements for either capacity for the refrigeration

25  and storage of dead human bodies handled and stored by the

26  establishment and a preparation room equipped with necessary

27  ventilation and drainage and containing necessary instruments

28  for embalming dead human bodies or must make arrangements for

29  a preparation room as established by rule.

30         (4)  Application for a funeral establishment license

31  shall be made on forms and pursuant to procedures specified by

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 1  rule, shall be accompanied by a nonrefundable fee not to

 2  exceed $300 as set by licensing authority rule, and shall

 3  include the name of the licensed funeral director who is in

 4  charge of that establishment. The applicant shall be required

 5  to make disclosure of the applicant's criminal records, if

 6  any, as required by s. 497.142. The applicant shall submit

 7  fingerprints in accordance with s. 497.142. A duly completed

 8  application accompanied by the required fees shall be approved

 9  and the license issued if the proposed funeral establishment

10  has passed an inspection pursuant to rule of the licensing

11  authority, the licensing authority determines the applicant is

12  of good character and has no demonstrated history of lack of

13  trustworthiness or integrity in business or professional

14  matters, and the applicant otherwise is in compliance with all

15  applicable requirements of this chapter.

16         (5)  A funeral establishment license shall be renewable

17  biennially pursuant to procedures, and upon payment of a

18  nonrefundable fee not to exceed $500 $300, as set by licensing

19  authority rule. The licensing authority may also establish by

20  rule a delinquency fee not to exceed $50 per day.

21         (12)(a)  A change in ownership of a funeral

22  establishment shall be promptly reported pursuant to

23  procedures established by rule and shall require the

24  relicensure of the funeral establishment, including

25  reinspection and payment of applicable fees.

26         (b)  A change in location of a funeral establishment

27  shall be promptly reported to the licensing authority pursuant

28  to procedures established by rule. Operations by the licensee

29  at a new location may not commence until an inspection by the

30  licensing authority of the facilities, pursuant to rules of

31  

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 1  the licensing authority, has been conducted and passed at the

 2  new location.

 3         Section 33.  Paragraphs (a) and (g) of subsection (1)

 4  and paragraphs (a), (f), and (g) of subsection (2) of section

 5  497.385, Florida Statutes, as renumbered and amended by

 6  section 90 of chapter 2004-301, Laws of Florida, are amended,

 7  and paragraph (i) is added to subsection (2) of that section,

 8  to read:

 9         497.385  Removal services; refrigeration facilities;

10  centralized embalming facilities.--In order to ensure that the

11  removal, refrigeration, and embalming of all dead human bodies

12  is conducted in a manner that properly protects the public's

13  health and safety, the licensing authority shall adopt rules

14  to provide for the licensure of removal services,

15  refrigeration facilities, and centralized embalming facilities

16  operated independently of funeral establishments, direct

17  disposal establishments, and cinerator facilities.

18         (1)  REMOVAL SERVICES AND REFRIGERATION SERVICES.--

19         (a)  Application for licensure of a removal service or

20  a refrigeration service shall be made using forms and

21  procedures as specified by rule, shall be accompanied by a

22  nonrefundable fee not to exceed $300 as set by licensing

23  authority rule, and shall include the name of the business

24  owner, manager in charge, business address, and copies of

25  occupational and other local permits. The applicant shall be

26  required to make disclosure of the applicant's criminal

27  records, if any, as required by s. 497.142. The applicant

28  shall submit fingerprints in accordance with s. 497.142. A

29  duly completed application accompanied by the required fees

30  shall be approved and the license issued if the applicant has

31  passed an inspection pursuant to rule of the licensing

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 1  authority, the licensing authority determines that the

 2  applicant is of good character and has no demonstrated history

 3  of lack of trustworthiness or integrity in business or

 4  professional matters, and the applicant otherwise is in

 5  compliance with all applicable requirements of this chapter.

 6         (g)1.  A change in ownership shall be promptly reported

 7  using forms and procedures specified by rule and may require

 8  the relicensure of the licensee, including reinspection and

 9  payment of applicable fees, as required by rule.

10         2.  A change in location shall be promptly reported to

11  the licensing authority pursuant to procedures established by

12  rule. Operations by the licensee at a new location may not

13  commence until an inspection by the licensing authority of the

14  facilities, pursuant to rules of the licensing authority, has

15  been conducted and passed at the new location.

16         (2)  CENTRALIZED EMBALMING FACILITIES.--In order to

17  ensure that all funeral establishments have access to

18  embalming facilities that comply with all applicable health

19  and safety requirements, the licensing authority shall adopt

20  rules to provide for the licensure and operation of

21  centralized embalming facilities and shall require, at a

22  minimum, the following:

23         (a)  All centralized embalming facilities shall contain

24  all of the equipment and meet all of the requirements that a

25  preparation room located in a funeral establishment is

26  required to meet, but such facilities shall not be required to

27  comply with any of the other requirements for funeral

28  establishments, as set forth in s. 497.380. The licensing

29  authority may adopt rules establishing the equipment and other

30  requirements for operation of a centralized embalming facility

31  consistent with this paragraph.

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 1         (f)  Application for licensure of a centralized

 2  embalming facility shall be made utilizing forms and

 3  procedures prescribed by rule and shall be accompanied by a

 4  nonrefundable fee not to exceed $300 as set by licensing

 5  authority rule, and licensure shall be renewed biennially

 6  pursuant to procedures and upon payment of a nonrefundable fee

 7  not to exceed $300 as set by licensing authority rule. The

 8  licensing authority may also establish by rule a late fee not

 9  to exceed $50 per day. Any licensure not renewed within 30

10  days after the renewal date shall expire without further

11  action by the department. The applicant shall be required to

12  make disclosure of the applicant's criminal records, if any,

13  as required by s. 497.142. The applicant shall submit

14  fingerprints in accordance with s. 497.142. A duly completed

15  application accompanied by the required fees shall be approved

16  and the license issued if the applicant has passed an

17  inspection pursuant to rule of the licensing authority, the

18  licensing authority determines that the applicant is of good

19  character and has no demonstrated history of lack of

20  trustworthiness or integrity in business or professional

21  matters, and the applicant otherwise is in compliance with all

22  applicable requirements of this chapter.

23         (g)  The licensing authority shall set by rule an

24  annual inspection fee not to exceed $300, payable upon

25  application for licensure and upon renewal of such licensure.

26  Centralized embalming facilities shall be subject to

27  inspection before issuance of a license and annually

28  thereafter.

29         (i)1.  A change in ownership shall be promptly reported

30  using forms and procedures specified by rule and may require

31  

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 1  the relicensure of the licensee, including reinspection and

 2  payment of applicable fees, as required by rule.

 3         2.  A change in location shall be promptly reported to

 4  the licensing authority pursuant to procedures established by

 5  rule. Operations by the licensee at a new location may not

 6  commence until an inspection by the licensing authority of the

 7  facilities, pursuant to rules of the licensing authority, has

 8  been conducted and passed at the new location.

 9         Section 34.  Section 497.453, Florida Statutes, as

10  renumbered and amended by section 102 of chapter 2004-301,

11  Laws of Florida, is amended to read:

12         497.453  Application for preneed license, procedures

13  and criteria; renewal; reports.--

14         (1)  PRENEED LICENSE APPLICATION PROCEDURES.--

15         (a)  A person seeking a license to enter into preneed

16  contracts shall apply for such licensure using forms

17  prescribed by rule.

18         (b)  The application shall require the name, business

19  address, residence address, date and place of birth or

20  incorporation, and business phone number of the applicant and

21  all principals of the applicant. The application shall require

22  the applicant's social security number, or, if the applicant

23  is an entity, its federal tax identification number.

24         (c)  The application may require information as to the

25  applicant's financial resources.

26         (d)  The application may require information as to the

27  educational and employment history of an individual applicant;

28  and as to applicants that are not natural persons, the

29  business and employment history of the applicant and

30  principals of the applicant.

31  

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 1         (e)  The applicant shall be required to make disclosure

 2  of the applicant's criminal records, if any, as required by s.

 3  497.142. The application shall require the applicant to

 4  disclose whether the applicant or any of the applicant's

 5  principals have ever been convicted or found guilty of, or

 6  entered a plea of no contest to, regardless of adjudication,

 7  any crime in any jurisdiction.

 8         (f)  The application shall require the applicant to

 9  disclose whether the applicant or any of the applicant's

10  principals have ever had a license or the authority to

11  practice a profession or occupation refused, suspended, fined,

12  denied, or otherwise acted against or disciplined by the

13  licensing authority of any jurisdiction. A licensing

14  authority's acceptance of a relinquishment of licensure,

15  stipulation, consent order, or other settlement, offered in

16  response to or in anticipation of the filing of charges

17  against the license, shall be construed as action against the

18  license.

19         (g)  The applicant shall submit fingerprints in

20  accordance with s. 497.142. The application shall require the

21  applicant and its principals to provide fingerprints in

22  accordance with part I of this chapter.

23         (h)  The application shall state the name and license

24  number of the funeral establishment, cemetery company, direct

25  disposal establishment, or monument establishment, under whose

26  license the preneed application is made.

27         (i)  The application shall state the types of preneed

28  contracts proposed to be written.

29         (j)  The application shall disclose the existence of

30  all preneed contracts for service or merchandise entered into

31  by the applicant, or by any other entity under common control

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 1  with the applicant, without or prior to authorization under

 2  this section or predecessors to this section. As to each such

 3  contract, the applicant shall disclose the name and address of

 4  the contract purchaser, the status of the contract, and what

 5  steps or measures the applicant has taken to ensure

 6  performance of unfulfilled contracts, setting forth the

 7  treatment and status of funds received from the customer in

 8  regard to the contract, and stating the name and address of

 9  any institution where such funds are deposited and the number

10  used by the institution to identify the account. With respect

11  to contracts entered into before January 1, 1983, an

12  application to issue or renew a preneed license may not be

13  denied solely on the basis of such disclosure. The purchaser

14  of any such contract may not be required to liquidate the

15  account if such account was established before July 1, 1965.

16  Information disclosed may be used by the licensing authority

17  to notify the contract purchaser and the institution in which

18  such funds are deposited should the holder of a preneed

19  license be unable to fulfill the requirements of the contract.

20         (k)  The application shall require the applicant to

21  demonstrate that the applicant complies and will comply with

22  all requirements for preneed contract licensure under this

23  chapter.

24         (l)  The application may require any other information

25  considered necessary by the department or board to meet its

26  responsibilities under this chapter.

27         (m)  The application shall be sworn to and signed in

28  accordance with s. 497.141(12) by the applicant if a natural

29  person, or by the president of an applicant that is not a

30  natural person.

31  

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 1         (n)  The application shall be accompanied by a

 2  nonrefundable fee as determined by licensing authority rule

 3  but not to exceed $500.

 4         (2)  ACTION CONCERNING APPLICATIONS.--A duly completed

 5  application for licensure under this section, accompanied by

 6  the required fees, shall be approved and a license issued, if

 7  the licensing authority determines that the following

 8  conditions are met:

 9         (a)  The application is made by a funeral

10  establishment, cemetery company, direct disposal

11  establishment, or monument establishment, or on behalf of one

12  of the preceding licensees by its agent in the case of a

13  corporate entity, licensed and in good standing under this

14  chapter.

15         (b)  The applicant meets net worth requirements

16  specified by rule of the licensing authority.

17         1.  The net worth required by rule to obtain or renew a

18  preneed license and write and carry up to $100,000 in total

19  retail value of outstanding preneed contracts shall not exceed

20  $20,000. The board may specify higher net worth requirements

21  by increments, for total retail value of outstanding preneed

22  contracts carried in excess of $100,000, as the board

23  determines necessary for the protection of the public.

24         2.  An applicant to obtain or renew a preneed licensee

25  that cannot demonstrate the required initial minimum net worth

26  may voluntarily submit to the licensing authority and request

27  acceptance of alternative evidence of financial stability and

28  resources or agree to additional oversight in lieu of the

29  required net worth. Such additional evidence or oversight may

30  include, as appropriate, one or more of the following:

31  

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 1         a.  An agreement to submit monthly financial statements

 2  of the entity.

 3         b.  An agreement to submit quarterly financial

 4  statements of the entity.

 5         c.  An appraisal of the entity's property or broker's

 6  opinion of the entity's assets.

 7         d.  A credit report of the entity or its principals.

 8         e.  A subordination-of-debt agreement from the entity's

 9  principals.

10         f.  An indemnification or subrogation agreement binding

11  the entity and its principals.

12         g.  A guarantee agreement for the entity from its

13  principals.

14         h.  A written explanation of past financial activity.

15         i.  Submission of a 12-month projected business plan

16  that includes:

17         (I)  A statement of cash flows.

18         (II)  Pro forma income statements, with sources of

19  revenues identified.

20         (III)  Marketing initiatives.

21         j.  Submission of previous department examination

22  reports.

23         k.  An agreement of 100 percent voluntary trust by the

24  entity.

25         3.  The licensing authority may accept such alternative

26  evidence or arrangements in lieu of the required net worth

27  only if the licensing authority determines that such

28  alternative evidence or arrangements are an adequate

29  substitute for required net worth and that acceptance would

30  not substantially increase the risk to existing or future

31  

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 1  customers of nonperformance by the applicant or licensee on

 2  its retail sales agreements.

 3         (c)  The applicant has and will have the ability to

 4  discharge her or his liabilities as they become due in the

 5  normal course of business, and has and will have sufficient

 6  funds available during the calendar year to perform her or his

 7  obligations under her or his contracts.

 8         (d)  If the applicant or any entity under common

 9  control with the applicant has entered into preneed contracts

10  prior to being authorized to do so under the laws of this

11  state:

12         1.  The licensing authority determines that adequate

13  provision has been made to ensure the performance of such

14  contracts.

15         2.  The licensing authority determines that the

16  improper sale of such preneed contracts prior to authorization

17  under this chapter does not indicate, under the facts of the

18  particular application in issue, that the applicant has a

19  disregard of the laws of this state such as would expose the

20  public to unreasonable risk if the applicant were issued a

21  preneed license.

22         3.  Nothing in this section shall imply any

23  authorization to enter into preneed contracts without

24  authorization under this chapter.

25         (e)  Neither the applicant nor the applicant's

26  principals have a demonstrated history of conducting their

27  business affairs to the detriment of the public.

28         (f)  The applicant and the applicant's principals are

29  of good character and have no demonstrated history of lack of

30  trustworthiness or integrity in business or professional

31  matters.

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 1         (g)  The applicant does and will comply with all other

 2  requirements of this chapter relating to preneed licensure.

 3         (3)  ISSUANCE OF LICENSES ON PROBATIONARY STATUS.--It

 4  is the policy of this state to encourage competition for the

 5  public benefit in the preneed contract business by, among

 6  other means, the entry of new licensees into that business. To

 7  facilitate issuance of licenses concerning applications judged

 8  by the licensing authority to be borderline as to

 9  qualification for licensure, the licensing authority may issue

10  a new license under this section on a probationary basis,

11  subject to conditions specified by the licensing authority on

12  a case-by-case basis, which conditions may impose special

13  monitoring, reporting, and restrictions on operations for up

14  to the first 12 months of licensure, to ensure the licensee's

15  responsibleness, competency, financial stability, and

16  compliance with this chapter. Provided, no such probationary

17  license shall be issued unless the licensing authority

18  determines that issuance would not pose an unreasonable risk

19  to the public, and the licensing authority must within 12

20  months after issuance of the license either remove the

21  probationary status or determine that the licensee is not

22  qualified for licensure under this chapter and institute

23  proceedings for revocation of licensure.

24         (4)  CHANGE IN CONTROL SUBSEQUENT TO LICENSURE.--

25         (a)  Each licensee under this section must provide

26  notice as required by rule prior to any change in control of

27  the licensee. Any such change is subject to disapproval or to

28  reasonable conditions imposed by the licensing authority, for

29  the protection of the public to ensure compliance with this

30  chapter, based upon criteria established by rule, which

31  

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 1  criteria shall promote the purposes of this part in protecting

 2  the consumer.

 3         (b)  The licensing authority may authorize the transfer

 4  of a preneed license and establish by rule a fee for the

 5  transfer in an amount not to exceed $500. Upon receipt of an

 6  application for transfer, the executive director may grant a

 7  temporary preneed license to the proposed transferee, based

 8  upon criteria established by the licensing authority by rule,

 9  which criteria shall promote the purposes of this chapter in

10  protecting the consumer. Such a temporary preneed license

11  shall expire at the conclusion of the next regular meeting of

12  the board unless renewed by the board. The licensing authority

13  may by rule establish forms and procedures for the

14  implementation of this paragraph.

15         (5)  RENEWAL OF LICENSES.--

16         (a)  A preneed license shall expire annually on June 1,

17  unless renewed, or at such other time or times as may be

18  provided by rule. The application for renewal of the license

19  shall be on forms prescribed by rule and shall be accompanied

20  by a renewal fee as specified in paragraph (c).

21         (b)  Within 3 months after the end of its fiscal

22  period, or within an extension of time therefor, as the

23  department for good cause may grant, the licensee shall file

24  with the department a full and true statement of her or his

25  financial condition, transactions, and affairs, prepared on a

26  basis as adopted by rule, as of the end of the preceding

27  fiscal period or at such other time or times as may be

28  required by rule, together with such other information and

29  data which may be required by rule. To facilitate uniformity

30  in financial statements and to facilitate department analysis,

31  there may be adopted by rule a form for financial statements.

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 1  The rules regarding net worth, authorized by paragraph (2)(b),

 2  shall be applicable to the renewal of preneed licenses.

 3         (c)1.  Each annual application for renewal of a preneed

 4  license that is not held by a monument establishment shall be

 5  accompanied by the appropriate fee as follows:

 6         a.1.  For a preneed licensee with no preneed contract

 7  sales during the immediately preceding year..............$300.

 8         b.2.  For a preneed licensee with at least 1 but fewer

 9  than 50 preneed contract sales during the immediately

10  preceding year...........................................$400.

11         c.3.  For a preneed licensee with at least 50 but fewer

12  than 250 preneed contract sales during the immediately

13  preceding year...........................................$500.

14         d.4.  For a preneed licensee with at least 250 but

15  fewer than 1,000 preneed contract sales during the immediately

16  preceding year...........................................$850.

17         e.5.  For a preneed licensee with at least 1,000 but

18  fewer than 2,500 preneed contract sales during the immediately

19  preceding year.........................................$1,500.

20         f.6.  For a preneed licensee with at least 2,500 but

21  fewer than 5,000 preneed contract sales during the immediately

22  preceding year.........................................$2,500.

23         g.7.  For a preneed licensee with at least 5,000 but

24  fewer than 15,000 preneed contract sales during the

25  immediately preceding year.............................$6,000.

26         h.8.  For a preneed licensee with at least 15,000 but

27  fewer than 30,000 preneed contract sales during the

28  immediately preceding year............................$12,500.

29         i.9.  For a preneed licensee with 30,000 preneed

30  contract sales or more during the immediately preceding year

31  ......................................................$18,500.

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 1         2.  Each annual application for renewal of a preneed

 2  license that is held by a monument establishment shall be

 3  accompanied by the appropriate fee determined by its total

 4  gross aggregate at-need and preneed retail sales for the

 5  12-month period ending 2 full calendar months prior to the

 6  month in which the renewal is required, as follows:

 7         a.  Total sales of $1 to $50,000, renewal fee $1,000.

 8         b.  Total sales of $50,001 to $250,000, renewal fee

 9  $1,500.

10         c.  Total sales of $250,001 to $500,000, renewal fee

11  $2,000.

12         d.  Total sales over $500,000, renewal fee $2,500.

13         (d)  An application for renewal shall disclose the

14  existence of all preneed contracts for service or merchandise

15  funded by any method other than a method permitted by this

16  chapter, which contracts are known to the applicant and were

17  entered into by the applicant, or any other entity under

18  common control with the applicant, during the annual license

19  period then ending. Such disclosure shall include the name and

20  address of the contract purchaser, the name and address of the

21  institution where such funds are deposited, and the number

22  used by the institution to identify the account.

23         (e)  In addition to any other penalty that may be

24  provided for under this chapter, there may be levied a late

25  fee as determined by licensing authority rule but not to

26  exceed $50 a day for each day the preneed licensee fails to

27  file its annual statement, and there may be levied a late fee

28  as determined by licensing authority rule but not to exceed

29  $50 a day for each day the preneed licensee fails to file the

30  statement of activities of the trust. Upon notice to the

31  preneed licensee by the department that the preneed licensee

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 1  has failed to file the annual statement or the statement of

 2  activities of the trust, the preneed licensee's authority to

 3  sell preneed contracts shall cease while such default

 4  continues.

 5         (6)  QUARTERLY PAYMENTS.--In addition to other amounts

 6  required to be paid by this section, each preneed licensee

 7  shall pay to the Regulatory Trust Fund an amount established

 8  by rule not to exceed $10 for each preneed contract entered

 9  into. This amount must be paid within 60 days after the end of

10  each quarter. These funds must be used to defray the cost of

11  administering the provisions of this chapter part.

12         (7)  BRANCH OPERATIONS AND LICENSURE.--

13         (a)  Any person or entity that is part of a common

14  business enterprise that has a preneed license issued pursuant

15  to this section and desires to operate under a name other than

16  that of the common business enterprise, may submit an

17  application on a form adopted by rule to become a branch

18  licensee. The application shall be accompanied by an

19  application fee as determined by licensing authority rule but

20  not to exceed $300.

21         (b)  Upon a determination that such branch applicant

22  qualifies to sell preneed contracts under this part except for

23  the requirements of paragraph (2)(c), and if the sponsoring

24  preneed licensee under whose preneed license the branch

25  applicant seeks branch status meets the requirements of such

26  paragraph and is in compliance with all requirements of this

27  part regarding its preneed license and operations thereunder,

28  a branch license shall be issued.

29         (c)  Branch licenses shall be renewed annually by

30  payment of a renewal fee set by licensing authority rule and

31  not to exceed $500 $300. Branch licenses may be renewed only

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 1  so long as the preneed license of the sponsoring preneed

 2  licensee remains in good standing.

 3         (d)  Violations of this part by the branch shall be

 4  deemed to be violations of this part by its sponsoring preneed

 5  licensee, unless the licensing authority determines that

 6  extenuating circumstances indicate that it would be unjust to

 7  attribute the branch's misconduct to the sponsoring preneed

 8  licensee. Preneed sales of the branch shall be deemed to be

 9  sales of the sponsoring licensee for purposes of renewal fees

10  and trust requirements under this chapter.

11         (e)  The sponsoring preneed licensee shall be

12  responsible for performance of preneed contracts entered into

13  by its branch if the branch does not timely fulfill any such

14  contract.

15         (8)  ANNUAL TRUST REPORTS.--On or before April 1 of

16  each year, the preneed licensee shall file in the form

17  prescribed by rule a full and true statement as to the

18  activities of any trust established by it pursuant to this

19  part for the preceding calendar year.

20         (9)  DEPOSIT OF FUNDS.--All sums collected under this

21  section shall be deposited to the credit of the Regulatory

22  Trust Fund.

23         Section 35.  Subsection (6) of section 497.456, Florida

24  Statutes, as renumbered and amended by section 105 of chapter

25  2004-301, Laws of Florida, is amended to read:

26         497.456  Preneed Funeral Contract Consumer Protection

27  Trust Fund.--

28         (6)  Upon the commencement of a delinquency proceeding

29  pursuant to this chapter against a preneed licensee, the

30  licensing authority may use up to 50 percent of the balance of

31  the trust fund not already committed to a prior delinquency

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 1  proceeding solely for the purpose of establishing a

 2  receivership and providing restitution to preneed contract

 3  purchasers and their estates due to a preneed licensee's

 4  failure to provide the benefits of a preneed contract or

 5  failure to refund the appropriate principal amount by reason

 6  of cancellation thereof. The balance of the trust fund shall

 7  be determined as of the date of the delinquency proceeding.

 8         Section 36.  Paragraph (h) of subsection (1) and

 9  subsection (4) of section 497.458, Florida Statutes, as

10  renumbered and amended by section 107 of chapter 2004-301,

11  Laws of Florida, are amended to read:

12         497.458  Disposition of proceeds received on

13  contracts.--

14         (1)

15         (h)  In no event may trust funds be loaned, directly or

16  indirectly, to any of the following persons: the preneed

17  licensee; any entity under any degree of common control with

18  the preneed licensee; any employee, director, full or partial

19  owner, or principal of the preneed licensee; or any person

20  related by blood or marriage to any of those persons. In no

21  event may trust funds, directly or indirectly, be invested in

22  or with, or loaned to, any business or business venture in

23  which any of the following persons have an interest: the

24  preneed licensee, any entity under any degree of common

25  control with the preneed licensee, any employee, director,

26  full or partial owner, or principal of the preneed licensee,

27  or any person related by blood or marriage to any of those

28  persons. In no event may said funds be loaned to a preneed

29  licensee, an affiliate of a preneed licensee, or any person

30  directly or indirectly engaged in the burial, funeral home, or

31  cemetery business.

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 1         (4)(a)  Trust funds shall not be invested in or loaned

 2  to or for the benefit of any business venture in which the

 3  preneed licensee, its principals, or persons related by blood

 4  or marriage to the licensee or its principals, have a direct

 5  or indirect interest, without the prior approval of the

 6  licensing authority.

 7         (b)  Trust funds shall not be loaned to or for the

 8  benefit of the preneed licensee, its principals, or persons

 9  related by blood or marriage to the licensee or its

10  principals, without the prior approval of the licensing

11  authority.

12         (c)  No approval of such loans or investments shall be

13  given unless it be shown by clear and convincing evidence that

14  such loan or investment would be in the interest of the

15  preneed contract holders whose contracts are secured by the

16  trust funds.

17         (d)  The licensing authority may adopt rules exempting

18  from the prohibition of paragraph (1)(h) this subsection,

19  pursuant to criteria established in such rule, the investment

20  of trust funds in investments, such as widely and publicly

21  traded stocks and bonds, notwithstanding that the licensee,

22  its principals, or persons related by blood or marriage to the

23  licensee or its principals have an interest by investment in

24  the same entity, where neither the licensee, its principals,

25  or persons related by blood or marriage to the licensee or its

26  principals have the ability to control the entity invested in,

27  and it would be in the interest of the preneed contract

28  holders whose contracts are secured by the trust funds to

29  allow the investment.

30  

31  

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 1         Section 37.  Section 497.466, Florida Statutes, as

 2  renumbered and amended by section 115 of chapter 2004-301,

 3  Florida Statutes, is amended to read:

 4         (Substantial rewording of section. See

 5         s. 497.466, F.S., for present text.)

 6         497.466  Preneed sales agents, license required;

 7  application procedures and criteria;  appointment of agents;

 8  responsibility of preneed licensee.--

 9         (1)  GENERAL PROVISIONS.--Each individual who offers

10  preneed contracts to the public, or who executes preneed

11  contracts on behalf of a preneed licensee, including any

12  individual who offers, sells, or signs contracts for the

13  preneed sale of burial rights, shall be licensed as a preneed

14  sales agent and shall be appointed by each preneed licensee

15  whom he or she represents regarding preneed sales, pursuant to

16  this section; however, an individual licensed in good standing

17  under this chapter as a funeral director may engage in preneed

18  sales for the preneed licensee with whom the funeral director

19  is affiliated, without preneed sales agent licensure or

20  appointment under this section.

21         (2)  PRENEED SALES AGENT LICENSE; APPLICATION

22  PROCEDURES.--

23         (a)  An individual may hold only one preneed sales

24  agent license at a time.

25         (b)  A preneed sales agent license may not be issued to

26  a person under the age of 18 years.

27         (c)  A person desiring a preneed sales agent license

28  shall apply to the department for such a license.  The

29  application must require the name, social security number,

30  residence address, residence phone number if any, and date and

31  place of birth of the applicant.

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 1         (d)  The application must require the preneed sales

 2  agent applicant to disclose any criminal record, as required

 3  by s. 497.142.

 4         (e)  The application must require the preneed sales

 5  agent applicant to disclose whether the applicant has ever had

 6  a license or the authority to practice a profession or

 7  occupation refused, suspended, fined, denied, or otherwise

 8  acted against or disciplined by the licensing authority of any

 9  jurisdiction.  A licensing authority's acceptance of a

10  relinquishment of licensure, stipulation, consent order, or

11  other settlement, offered in response to or in anticipation of

12  the filing of charges against the license, constitutes action

13  against the license.

14         (f)  The application must require identification by the

15  preneed sales agent applicant of the preneed licensee whom the

16  preneed sales agent applicant believes will initially appoint

17  the preneed sales agent if a preneed sales agent license is

18  issued.

19         (g)  The application must be signed by the applicant.

20  The licensing authority may accept electronic signatures.

21         (h)  The application must be accompanied by a

22  nonrefundable fee of $150 if made through the department's

23  online licensing system, or $175 if made using paper forms.

24  Payment of either fee as specified in this paragraph entitles

25  the applicant to one initial appointment without payment of

26  further fees by the preneed sales agent or the appointing

27  preneed licensee if a preneed sales agent license is issued.

28  The licensing authority may from time to time increase the

29  fees specified in this paragraph, but not to exceed $300.

30         (3)  ISSUANCE OF A TEMPORARY PRENEED SALES AGENT

31  LICENSE.--

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 1         (a)  Upon receipt of a duly completed application and

 2  the required fee, a temporary preneed sales agent license

 3  shall be issued to the applicant if:

 4         1.  The applicant is at least 18 years of age;

 5         2.  The application indicates that the applicant has no

 6  disciplinary or criminal record, and the department has no

 7  record indicating that the applicant has a disciplinary or

 8  criminal record; and

 9         3.  The applicant has never previously held a temporary

10  preneed sales agent license that lapsed for failure to submit

11  fingerprints as required by this section.

12         (b)  A temporary preneed sales agent license is valid

13  for only 120 days after the date issued and may not be

14  renewed.

15         (c)  An applicant for a preneed sales agent license who

16  has previously been issued a preneed sales agent temporary

17  license that for any reason expired without becoming permanent

18  is thereafter ineligible for another temporary preneed sales

19  agent license. Such a person may apply again for a preneed

20  sales agent license, but the license may not be issued until

21  fingerprints are provided as required by s. 497.142, a report

22  is received from the Department of Law Enforcement advising

23  that the applicant has no criminal record, and the applicant

24  is otherwise determined by the department and board to qualify

25  for preneed sales agent licensure.

26         (4)  CONVERSION OF TEMPORARY PRENEED SALES AGENT

27  LICENSE TO PERMANENT PRENEED SALES AGENT LICENSE.--

28         (a)  A temporary preneed sales agent licensee who

29  desires to obtain a permanent preneed sales agent license

30  shall, within 90 days after the issuance of the temporary

31  preneed sales agent license, submit his or her fingerprints to

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 1  the licensing authority for a criminal background check, in

 2  accordance with s. 497.142.  Unless the department determines

 3  before the expiration of the temporary preneed sales agent

 4  license that the temporary licensee has a criminal or

 5  disciplinary record, the preneed sales agent temporary license

 6  shall automatically be converted to a permanent preneed sales

 7  agent license.

 8         (b)  The department shall promptly give written notice

 9  to the temporary preneed sales agent licensee, and to all

10  preneed licensees who have the temporary preneed sales agent

11  under appointment, that the preneed sales agent's temporary

12  license has been converted to a permanent license, or has

13  lapsed, as the case may be.

14         (5)  APPLICANTS HAVING A CRIMINAL OR DISCIPLINARY

15  RECORD.--

16         (a)  A preneed sales agent applicant having a criminal

17  or disciplinary record is ineligible for a temporary preneed

18  sales agent license. A permanent preneed sales agent license

19  may not be issued to any person who has a criminal or

20  disciplinary record, except upon approval of the board.

21         (b)  If, while a temporary preneed sales agent license

22  is in force, the department determines that the temporary

23  licensee has a criminal or disciplinary record, the temporary

24  license shall be immediately suspended and shall not

25  automatically convert to a permanent preneed sales agent

26  license. The department shall promptly give written notice of

27  the suspension to the suspended licensee and to all preneed

28  licensees who have the suspended preneed sales agent under

29  appointment.  The suspended preneed sales agent licensee may

30  thereafter, within 21 days after the date of suspension,

31  petition the board under paragraph (c) for issuance of a

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 1  permanent preneed sales agent notwithstanding the criminal or

 2  disciplinary record. If a petition for board review is not

 3  timely received by the department or board, the temporary

 4  preneed sales agent license shall be revoked.

 5         (c)  An applicant having a criminal or disciplinary

 6  record who desires a permanent preneed sales agent license

 7  shall petition the board for issuance of such a license, using

 8  forms and procedures as specified by rule.  The board shall

 9  issue a permanent preneed sales agent license to an applicant

10  having a criminal or disciplinary record if the board

11  determines that:

12         1.  There was no inaccuracy in the application for

13  license which indicates that the applicant is untrustworthy;

14  and

15         2.  The applicant, if issued a preneed sales agent

16  license, would not pose an unreasonable risk to members of the

17  public who deal with the applicant in preneed transactions.

18         (d)  The board may issue a preneed sales agent license

19  to an applicant who has a criminal or disciplinary record, on

20  a probationary status and subject to reasonable terms of

21  probation not to exceed 24 months in duration.

22         (6)  TERMINATION OF A PERMANENT PRENEED SALES AGENT

23  LICENSE DUE TO LACK OF APPOINTMENTS.--A permanent preneed

24  sales agent license shall remain in force without a

25  requirement for renewal until there have been no appointments

26  of the preneed sales agent under the license for 48

27  consecutive months, at which time the permanent preneed sales

28  agent license will terminate.  The former preneed sales agent

29  licensee may thereafter apply for issuance of a new preneed

30  sales agent license under this section.

31         (7)  APPOINTMENT OF PRENEED SALES AGENTS.--

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 1         (a)  A preneed sales agent licensee may be appointed by

 2  as many preneed licensees as desire to appoint the preneed

 3  sales agent licensee.  When a preneed sales agent licensee is

 4  appointed by a preneed licensee, the department shall promptly

 5  give written notice to all other preneed licensees who then

 6  have that same preneed sales agent under appointment.

 7         (b)  A preneed licensee may appoint a preneed sales

 8  agent licensee by identifying to the department the preneed

 9  sales agent licensee to be appointed, requesting appointment,

10  and paying the required appointment fee.  The appointment

11  request shall be signed by the preneed licensee. The

12  department may accept electronic signatures.

13         (c)  Appointments shall be effective when made and

14  shall expire 24 months after the last day of the month in

15  which the appointment was made, unless earlier terminated by

16  the preneed licensee or the preneed sales agent.  However, the

17  initial appointment of a preneed sales agent licensee may not

18  be made until 24 hours after a temporary preneed sales agent

19  license is issued to that preneed sales agent. Furthermore, an

20  appointment is effective only as long as the preneed sales

21  agent licensee's license is in good standing.

22         (d)  A preneed licensee shall take reasonable steps to

23  assure that the preneed sales agent licensees whom it appoints

24  have adequate training regarding preneed sales.

25         (e)  An appointment may be renewed for additional

26  24-month periods by notification by the preneed licensee to

27  the department that the preneed licensee desires to renew the

28  appointment, accompanied by payment by the preneed licensee of

29  the appointment renewal fee.

30         (f)  Initial and renewal appointment fees shall be

31  nonrefundable and shall be in the amount of $150 if made

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 1  through the department's online licensing system, and $175 if

 2  made using paper forms requiring manual processing by the

 3  department. The board may, by rule, increase the appointment

 4  fees but not to exceed $300.

 5         (g)1.  An appointment may be terminated at any time by

 6  the appointing preneed licensee or by the appointed preneed

 7  sales agent licensee.

 8         2.  Termination of appointment shall be accomplished by

 9  notice of termination conveyed to the department and signed by

10  the person or entity requesting the termination. The

11  department may accept electronic signatures.  There shall be

12  no fee for termination of appointment accomplished through the

13  department's online licensing system. There shall be a fee of

14  $25 for terminations made using paper forms requiring manual

15  processing by the department.

16         3.  When an appointment is terminated, whether by the

17  preneed licensee or the preneed sales agent licensee, the

18  department shall promptly provide written confirmation of the

19  termination to both the preneed sales agent licensee and the

20  preneed licensee at their respective addresses of record with

21  the department.

22         4.  If a preneed licensee terminates the authority of a

23  preneed sales agent license to sell for the preneed licensee,

24  the preneed licensee shall, within 30 days after the

25  termination, terminate the appointment as provided under

26  subparagraph 2.

27         5.  If a preneed sales agent licensee terminates his or

28  her preneed sales relationship with a preneed licensee, the

29  preneed sales agent licensee shall, within 30 days after the

30  termination, terminate the appointment as provided under

31  subparagraph 2.

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 1         6.  If the license of a preneed sales agent is

 2  suspended or revoked pursuant to disciplinary action by the

 3  licensing authority against the preneed sales agent, the

 4  department shall promptly give written notice of such action

 5  to all preneed licensees who then have that preneed sales

 6  agent under appointment.

 7         (8)  ADMINISTRATIVE MATTERS.--

 8         (a)  The licensing authority may, by rule, prescribe

 9  forms and procedures for administering this section.

10         (b)1.  Each person who holds one or more preneed sales

11  agent licenses in good standing under s. 497.439 as of 11:59

12  p.m. on September 30, 2005, shall be deemed as of October 1,

13  2005, to hold a permanent preneed sales agent license under

14  this section, effective October 1, 2005.

15         2.  Each person who holds one or more preneed sales

16  agent licenses in good standing under s. 497.439 as of 11:59

17  p.m. on September 30, 2005, shall be deemed as of October 1,

18  2005, to be appointed by each preneed licensee in regard to

19  whom he or she holds a preneed sales agent license as of 11:59

20  p.m. on September 30, 2005.  Such appointments shall expire on

21  the same date as the preneed sales agent license would have

22  expired under the law in effect at 11:59 p.m. on September 30,

23  2005.

24         (c)  The reference to a criminal record in this section

25  refers to and includes only crimes required to be disclosed

26  under s. 497.142.

27         (d)  The reference to a disciplinary record as used in

28  this section refers to and includes any instance in which the

29  applicant has ever had a license or the authority to practice

30  a profession or occupation refused, suspended, fined, denied,

31  or otherwise acted against or disciplined by the licensing

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 1  authority of any jurisdiction.  A licensing authority's

 2  acceptance of a relinquishment of licensure, stipulation,

 3  consent order, or other settlement, offered in response to or

 4  in anticipation of the filing of charges against the license,

 5  constitutes action against the license.

 6         (e)  A preneed licensee shall be responsible for the

 7  activities of all preneed sales agents, and all funeral

 8  directors acting as preneed sales agents, who are affiliated

 9  with the preneed licensee and who perform any type of

10  preneed-related activity on behalf of the preneed licensee. In

11  addition to the preneed sales agents and funeral directors

12  acting as preneed sales agents, each preneed licensee is also

13  subject to discipline if its preneed sales agents or funeral

14  directors acting as preneed sales agents violate any provision

15  of this chapter.

16         Section 38.  Section 497.468, Florida Statutes, is

17  created to read:

18         497.468  Disclosure of information to the public.--A

19  preneed licensee offering to provide burial rights,

20  merchandise, or services to the public shall:

21         (1)  Provide by telephone, upon request, accurate

22  information regarding the retail prices of burial merchandise

23  and services offered for sale by the licensee.

24         (2)  Fully disclose all regularly offered services and

25  merchandise prior to the selection of burial services or

26  merchandise. The full disclosure required shall identify the

27  prices of all burial rights, services, and merchandise

28  provided by the licensee.

29         (3)  Not make any false or misleading statements of the

30  legal requirement as to the necessity of a casket or outer

31  burial container.

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 1         (4)  Provide a good-faith estimate of all fees and

 2  costs the customer will incur to use any burial rights,

 3  merchandise, or services purchased.

 4         (5)  Provide to the customer, upon the purchase of any

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

 6  form of which has been approved by the licensing authority

 7  pursuant to procedures specified by rule.

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

 9  essential provisions prior to the signing of the contract by

10  the customer.

11         (b)  The written contract shall provide an itemization

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

13  fees, which itemization shall be clearly and conspicuously

14  segregated from everything else on the written contract.

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

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

17  other relevant specifications.

18         (6)  Provide the licensee's policy on cancellation and

19  refunds to each customer.

20         (7)  In a manner established by rule of the licensing

21  authority, provide on the signature page, clearly and

22  conspicuously in boldfaced 10-point type or larger, the

23  following:

24         (a)  The words "purchase price."

25         (b)  The amount to be trusted.

26         (c)  The amount to be refunded upon contract

27  cancellation.

28         (d)  The amounts allocated to merchandise, services,

29  and cash advances.

30         (e)  The toll-free number of the department which is

31  available for questions or complaints.

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 1         (f)  A statement that the purchaser shall have 30 days

 2  from the date of execution of contract to cancel the contract

 3  and receive a total refund of all moneys paid for items not

 4  used.

 5         (8)  Effective October 1, 2006, display in its offices

 6  for free distribution to all potential customers, and provide

 7  to all customers at the time of sale, a brochure explaining

 8  how and by whom preneed sales are regulated, summarizing

 9  consumer rights under the law, and providing the name,

10  address, and phone number of the department's consumer affairs

11  division. The format and content of the brochure shall be as

12  prescribed by rule. The licensing authority may cause the

13  publication of such brochures and, by rule, establish

14  requirements that preneed licensees purchase and make

15  available such brochures as so published, in the licensee's

16  offices, to all potential customers.

17         (9)  Provide to each customer a complete description of

18  any monument, marker, or memorialization to be placed at the

19  gravesite pursuant to the preneed contract.

20         Section 39.  Paragraphs (a), (b), (c), (d), and (e) are

21  added to subsection (1) of section 497.550, Florida Statutes,

22  as renumbered and amended by section 118 of chapter 2004-301,

23  Laws of Florida, paragraphs (c), (e), (f), and (h) of

24  subsection (2) of that section are amended, and paragraph (j)

25  is added to subsection (2) of that section, to read:

26         497.550  Licensure of monument establishments required;

27  procedures and criteria.--

28         (1)  LICENSE REQUIRED.--No person shall conduct,

29  maintain, manage, or operate a monument establishment in this

30  state unless the monument establishment is licensed pursuant

31  to this part.

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 1         (a)  The two categories of monument establishment

 2  licensure available in this state are:

 3         1.  Monument builder; and

 4         2.  Monument dealer.

 5         (b)  An applicant for licensure as a monument

 6  establishment shall designate, on the application form, the

 7  category of monument establishment licensure for which he or

 8  she is applying.

 9         (c)  Each monument establishment that is licensed under

10  this chapter at 11:59 p.m. on September 30, 2005, is, on and

11  after October 1, 2005, licensed as a monument dealer subject

12  to the requirements of this chapter.  A person who becomes

13  licensed as a monument dealer by operation of this paragraph

14  may apply to the board for licensure as a monument builder

15  and, upon payment of applicable application fees and the

16  granting of such application and licensure as a monument

17  builder, such person's licensure as a monument dealer will

18  expire.

19         (d)  The requirements of this part apply to both

20  monument dealers and monument builders, except as provided in

21  this paragraph.  Each monument establishment must be a

22  physical structure that is located at a specific street

23  address, in compliance with zoning regulations of the

24  appropriate local government, and not located on property that

25  is exempt from taxation, but a monument dealer may not

26  otherwise be required to comply with s. 497.552 or be subject

27  to inspection under this part.

28         (e)  A monument establishment that is not licensed

29  under the monument-builder category is not eligible for a

30  preneed sales license.

31  

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 1         (2)  APPLICATION PROCEDURES.--A person seeking

 2  licensure as a monument establishment shall apply for such

 3  licensure using forms prescribed by rule.

 4         (c)  The applicant shall be required to make disclosure

 5  of the applicant's criminal records, if any, as required by s.

 6  497.142. The application shall require the applicant to

 7  disclose whether the applicant or any of its principals have

 8  ever been convicted or found guilty of, or entered a plea of

 9  no contest to, regardless of adjudication, any crime in any

10  jurisdiction.

11         (e)  The applicant shall submit fingerprints in

12  accordance with s. 497.142. The application shall require the

13  applicant's principals to provide fingerprints in accordance

14  with part I of this chapter.

15         (f)  The applicant shall be a natural person at least

16  18 years of age, a corporation, a partnership, or a limited

17  liability company formed prior to January 1, 2005, which

18  limited liability company already holds a license under this

19  chapter.

20         (h)  The application shall be signed in accordance with

21  s. 497.141(12) by the applicant if a natural person, or by the

22  president of an applicant that is a corporation.

23         (j)  Upon receipt of the application and application

24  fee, the licensing authority shall inspect the proposed

25  monument establishment facilities in accordance with rules of

26  the licensing authority.

27         Section 40.  Section 497.551, Florida Statutes, as

28  created by chapter 2004-301, Laws of Florida, is amended to

29  read:

30         497.551  Renewal of monument establishment licensure.--

31  

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 1         (1)  A monument establishment license must be renewed

 2  biennially by the licensee.

 3         (2)  A monument establishment licensee that does not

 4  hold a preneed sales license as of 90 days prior to the date

 5  its monument establishment license renewal is due, shall renew

 6  its monument establishment license by payment of a renewal fee

 7  established by rule not to exceed $250.

 8         (3)  A monument establishment licensee which as of 90

 9  days prior to its monument establishment license renewal date

10  also holds a preneed sales license issued under this chapter,

11  shall renew its monument establishment license by payment of a

12  renewal fee determined by its total gross aggregate at-need

13  and preneed retail sales for the 12-month period ending 2 full

14  calendar months prior to the month in which the renewal is

15  required, as follows:

16         (a)  Total sales of $1 to $50,000, renewal fee $1,000.

17         (b)  Total sales of $50,001 to $250,000, renewal fee

18  $1,500.

19         (c)  Total sales of $250,001 to $500,000, renewal fee

20  $2,000.

21         (d)  Total sales over $500,000, renewal fee $2,500.

22         (3)(4)  Rules may be adopted providing procedures,

23  forms, and uniform timeframes for monument establishment

24  license renewals.

25         Section 41.  Subsection (4) of section 497.552, Florida

26  Statutes, as created by chapter 2004-301, Laws of Florida, is

27  amended to read:

28         497.552  Required facilities.--Effective January 1,

29  2006, a monument establishment shall at all times have and

30  maintain a full-service place of business at a specific street

31  

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 1  address or location in Florida complying with the following

 2  requirements:

 3         (4)  It shall have facilities on site for inscribing

 4  monuments and equipment to deliver and install markers and

 5  monuments.

 6         Section 42.  Subsections (1) and (5) of section

 7  497.553, Florida Statutes, as created by chapter 2004-301,

 8  Laws of Florida, are amended, and subsection (6) is added to

 9  that section, to read:

10         497.553  Regulation of monument establishments.--

11         (1)  The Department of Financial Services shall

12  establish and implement an inspection program for all monument

13  establishments in accordance with the requirements of this

14  act. The board shall set by rule an annual inspection fee not

15  to exceed $300, payable upon application for licensure and

16  upon each renewal of such a license.

17         (5)  Commencing January 1, 2006, the failure of a

18  monument establishment to deliver and install a purchased

19  monument or marker by the date agreed in the sales agreement

20  shall entitle the customer to a full refund of all amounts

21  paid by the customer for the monument and its delivery and

22  installation, unless the monument establishment has obtained a

23  written agreement from the customer extending the delivery

24  date. Such refund shall be made within 30 days after receipt

25  by the monument establishment of the customer's written

26  request for a refund. This subsection does not preclude the

27  purchase and installation of a new monument from any other

28  registered monument establishment or preneed sales licensee.

29         (6)(a)  A change in ownership shall be promptly

30  reported using forms and procedures specified by rule and may

31  require the relicensure of the licensee, including

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 1  reinspection and payment of applicable fees, as required by

 2  rule.

 3         (b)  A change in location shall be promptly reported to

 4  the licensing authority pursuant to procedures established by

 5  rule. Operations by the licensee at a new location may not

 6  commence until an inspection by the licensing authority of the

 7  facilities, pursuant to rules of the licensing authority, has

 8  been conducted and passed at the new location.

 9         Section 43.  Paragraph (b) of subsection (2) and

10  subsection (4) of section 497.554, Florida Statutes, as

11  created by chapter 2004-301, Laws of Florida, are amended, and

12  subsection (7) is added to that section, to read:

13         497.554  Monument establishment sales

14  representatives.--

15         (2)  APPLICATION PROCEDURES.--Licensure as a monument

16  establishment sales agent shall be by submission of an

17  application for licensure to the department on a form

18  prescribed by rule.

19         (b)  The applicant shall be required to make disclosure

20  of the applicant's criminal records, if any, as required by s.

21  497.142. The applicant shall submit fingerprints in accordance

22  with s. 497.142. The application shall require the applicant

23  to disclose whether the applicant has ever been convicted or

24  found guilty of, or entered a plea of no contest to,

25  regardless of adjudication, any crime in any jurisdiction.

26         (4)  RENEWAL; TERMINATION OF AUTHORITY.--

27         (a)  A monument establishment sales agent license under

28  this section shall be renewed upon payment of a fee determined

29  by rule of the licensing authority but not to exceed $250.

30  Once issued, a monument establishment sales agent license of

31  an agent not licensed to make preneed sales shall remain in

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 1  effect without renewal until surrendered, or the sponsoring

 2  monument establishment terminates the agent's authority to

 3  sell on behalf of that monument establishment, or the license

 4  is revoked or suspended by the licensing authority for cause.

 5         (b)  The monument establishment whose officer signed

 6  the sales agent application shall terminate that agent's

 7  authority to sell on behalf of that monument establishment,

 8  and the monument establishment in writing shall advise the

 9  licensing authority of such termination within 30 days after

10  the termination.

11         (7)  EFFECTIVE DATE.--The provisions of this section

12  shall be effective October 1, 2006.

13         Section 44.  Section 497.555, Florida Statutes, as

14  created by chapter 2004-301, Laws of Florida, is amended to

15  read:

16         497.555  Required rules.--Rules shall be adopted

17  establishing minimum standards for access to all cemeteries by

18  licensed monument establishments for the purpose of delivering

19  and installing markers and monuments. In all cases, cemeteries

20  and monument establishments must comply with these minimum

21  standards.

22         Section 45.  Paragraphs (d) and (f) of subsection (2)

23  of section 497.602, Florida Statutes, as renumbered and

24  amended by section 127 of chapter 2004-301, Laws of Florida,

25  are amended to read:

26         497.602  Direct disposers, license required; licensing

27  procedures and criteria; regulation.--

28         (2)  APPLICATION PROCEDURES.--

29         (d)  The applicant shall be required to make disclosure

30  of the applicant's criminal records, if any, as required by s.

31  497.142. The application shall require the applicant to

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 1  disclose whether the applicant has ever been convicted or

 2  found guilty of, or entered a plea of no contest to,

 3  regardless of adjudication, any crime in any jurisdiction.

 4         (f)  The applicant shall submit fingerprints in

 5  accordance with s. 497.142. The application shall require the

 6  applicant to provide fingerprints in accordance with part I of

 7  this chapter.

 8         Section 46.  Subsection (1) of section 497.603, Florida

 9  Statutes, as renumbered and amended by chapter 2004-301, Laws

10  of Florida, is amended to read:

11         497.603  Direct disposers, renewal of license.--

12         (1)  A direct disposer's renewal of license upon

13  receipt of the renewal application and fee set by rule of the

14  licensing authority but not to exceed $500 $250.

15         Section 47.  Paragraphs (f), (h), and (j) of subsection

16  (2), paragraphs (a) and (b) of subsection (3), and subsection

17  (7) of section 497.604, Florida Statutes, as renumbered and

18  amended by section 129 of chapter 2004-301, Laws of Florida,

19  are amended, and paragraph (f) is added to subsection (9) of

20  that section, to read:

21         497.604  Direct disposal establishments, license

22  required; licensing procedures and criteria; license renewal;

23  regulation.--

24         (2)  APPLICATION PROCEDURES.--

25         (f)  The applicant shall be required to make disclosure

26  of the applicant's criminal records, if any, as required by s.

27  497.142. The application shall require the applicant to

28  disclose whether the applicant or any of the applicant's

29  principals including its proposed supervising licensee has

30  ever been convicted or found guilty of, or entered a plea of

31  

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 1  no contest to, regardless of adjudication, any crime in any

 2  jurisdiction.

 3         (h)  The applicant shall submit fingerprints in

 4  accordance with s. 497.142. The application shall require the

 5  applicant and its principals to provide fingerprints in

 6  accordance with part I of this chapter.

 7         (j)  The application shall be signed in accordance with

 8  s. 497.141(12) by the applicant if a natural person or by the

 9  president of an applicant that is not a natural person.

10         (3)  ACTION CONCERNING APPLICATIONS.--A duly completed

11  application for licensure under this section, accompanied by

12  the required fee, shall be approved if the licensing authority

13  determines that the following conditions are met:

14         (a)  The applicant is a natural person at least 18

15  years of age, a corporation, a partnership, or a limited

16  liability company formed prior to January 1, 2006, which

17  limited liability company already holds a license under this

18  chapter.

19         (b)  The applicant does or will prior to commencing

20  operations under the license comply with all requirements of

21  this chapter relating to the license applied for. The

22  applicant shall have passed an inspection prior to issuance of

23  a license under this section, in accordance with rules of the

24  licensing authority.

25         (7)  CHANGES SUBSEQUENT TO LICENSURE.--Each licensee

26  under this section must provide notice as required by rule

27  prior to any change in location or control of the licensee or

28  licensed person in charge of the licensee's operations. A

29  change in control is subject to approval by the licensing

30  authority and to reasonable conditions imposed by the

31  licensing authority, for the protection of the public to

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 1  ensure compliance with this chapter. Operations by the

 2  licensee at a new location may not commence until an

 3  inspection by the licensing authority of the facilities at the

 4  new location, pursuant to rules of the licensing authority,

 5  has been conducted and passed. Each licensee under this

 6  section must provide notice as required by rule prior to any

 7  change in location or control of the licensee or licensed

 8  person in charge of the licensee's operations. Any such change

 9  is subject to disapproval or to reasonable conditions imposed

10  by the licensing authority, for the protection of the public

11  to ensure compliance with this chapter.

12         (9)  REGULATION OF DIRECT DISPOSAL ESTABLISHMENTS.--

13         (f)  A direct disposal establishment shall retain all

14  signed contracts for a period of at least 2 years.

15         Section 48.  Paragraphs (f), (h), and (j) of subsection

16  (2), paragraph (b) of subsection (3), subsection (7), and

17  paragraphs (i), (j), and (k) of subsection (9) of section

18  497.606, Florida Statutes, as renumbered and amended by

19  section 131 of chapter 2004-301, Laws of Florida, are amended

20  to read:

21         497.606  Cinerator facility, licensure required;

22  licensing procedures and criteria; license renewal;

23  regulation.--

24         (2)  APPLICATION PROCEDURES.--

25         (f)  The applicant shall be required to make disclosure

26  of the applicant's criminal records, if any, as required by s.

27  497.142. The application shall require the applicant to

28  disclose whether the applicant or any of the applicant's

29  principals including its proposed supervising licensee has

30  ever been convicted or found guilty of, or entered a plea of

31  

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 1  no contest to, regardless of adjudication, any crime in any

 2  jurisdiction.

 3         (h)  The applicant shall submit fingerprints in

 4  accordance with s. 497.142. The application shall require the

 5  applicant and its principals to provide fingerprints in

 6  accordance with part I of this chapter.

 7         (j)  The application shall be signed in accordance with

 8  s. 497.141(12) by the applicant if a natural person or by the

 9  president of an applicant that is not a natural person.

10         (3)  ACTION CONCERNING APPLICATIONS.--A duly completed

11  application for licensure under this section, accompanied by

12  the required fee, shall be approved if the licensing authority

13  determines that the following conditions are met:

14         (b)  The applicant is a natural person at least 18

15  years of age, a corporation, a partnership, or a limited

16  liability company formed prior to January 1, 2006, which

17  limited liability company already holds a license under this

18  chapter.

19         (7)  CHANGES SUBSEQUENT TO LICENSURE.--Each licensee

20  under this section must provide notice as required by rule

21  prior to any change in location or, control of the licensee,

22  or licensed person in charge of the licensee's operations. A

23  change in control is subject to approval by the licensing

24  authority and to reasonable conditions Any such change is

25  subject to disapproval or to reasonable conditions imposed by

26  the licensing authority, for the protection of the public to

27  ensure compliance with this chapter. Operations by the

28  licensee at a new location may not commence until an

29  inspection by the licensing authority of the facilities,

30  pursuant to rules of the licensing authority, has been

31  conducted and passed at the new location.

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 1         (9)  REGULATION OF CINERATOR FACILITIES.--

 2         (i)  There shall be adopted by rule criteria for

 3  acceptable cremation and alternative containers.

 4         (i)(j)  There shall be rules adopted requiring each

 5  facility to submit periodic reports to the department which

 6  include the names of persons cremated, the date and county of

 7  death, the name of each person supervising each cremation, the

 8  name and license number of the establishment requesting

 9  cremation, and the types of containers used to hold the body

10  during cremation.

11         (j)(k)  Each cinerator facility must be inspected prior

12  to the initial issuance of its license and annually thereafter

13  issuance and renewal of its license and shall:

14         1.  Maintain one or more retorts for the reduction of

15  dead human bodies.

16         2.  Maintain refrigeration that satisfies the standards

17  set by the Department of Health and contains a sufficient

18  refrigerated space number of shelves for the average daily

19  number of bodies stored, if unembalmed bodies are kept at the

20  site.

21         3.  Maintain sufficient pollution control equipment to

22  comply with requirements of the Department of Environmental

23  Protection in order to secure annual approved certification.

24         4.  Either have on site or immediately available

25  sufficient gasketed sealed containers of a type required for

26  the transportation of bodies as specified in applicable state

27  rules.

28         5.  Maintain the premises in a clean and sanitary

29  condition.

30         6.  Have appropriate Department of Environmental

31  Protection permits.

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 1         7.  Retain all signed contracts for a period of at

 2  least 2 years.

 3         Section 49.  Subsection (3) of section 497.607, Florida

 4  Statutes, as renumbered and amended by section 132 of chapter

 5  2004-301, Laws of Florida, is amended, and subsection (4) is

 6  added to that section, to read:

 7         497.607  Cremation; procedure required.--

 8         (3)  Pursuant to the request of a legally authorized

 9  person and incidental to final disposition, cremation may be

10  performed on parts of human remains. This subsection does not

11  authorize the cremation of body parts as defined in s.

12  497.005.

13         (4)  In regard to human remains delivered to the

14  control of the anatomical board of this state headquartered at

15  the University of Florida Health Science Center, the

16  provisions of this subsection and chapter may not be construed

17  to prohibit the anatomical board from causing the final

18  disposition of such human remains through cremation or

19  otherwise, when performed in facilities owned and operated by

20  the anatomical board or the University of Florida Health

21  Science Center pursuant to and using such processes,

22  equipment, and procedures as the anatomical board determines

23  to be proper and adequate.

24         Section 50.  Section 152 of chapter 2004-301, Laws of

25  Florida, is amended to read:

26         Section 152.  (1)  The rules of the Board of Funeral

27  Directors and Embalmers and of the Department of Business and

28  Professional Regulation relating to the Board of Funeral

29  Directors and Embalmers or implementation of chapter 470,

30  Florida Statutes, which were in effect at 11:59 p.m. on the

31  day prior to this act taking effect shall become on the

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 1  subjects that they address the rules of the Department of

 2  Financial Services and the Board of Funeral, Cemetery, and

 3  Consumer Services and shall remain in effect until amended or

 4  repealed in the manner provided by law.

 5         (2)  The rules of the Board of Funeral and Cemetery

 6  Services which were in effect at 11:59 p.m. on the day prior

 7  to this act taking effect shall become on the subjects that

 8  they address the rules of the Department of Financial Services

 9  and the Board of Funeral, Cemetery, and Consumer Services and

10  shall remain in effect until specifically amended or repealed

11  in the manner provided by law.

12         (3)  The rules of the Department of Financial Services

13  relating to chapter 497, Florida Statutes, which were in

14  effect at 11:59 p.m. P.M. on the day prior to this act taking

15  effect shall continue in force until thereafter repealed or

16  amended pursuant to chapter 120, Florida Statutes, and this

17  act.

18         Section 51.  Subsection (3) of section 626.785, Florida

19  Statutes, is amended to read:

20         626.785  Qualifications for license.--

21         (3)  Notwithstanding any other provisions of this

22  chapter, a funeral director, a direct disposer, or an employee

23  of a funeral establishment which holds a certificate of

24  authority pursuant to s. 497.452 s. 497.405 may obtain an

25  agent's license to sell only policies of life insurance

26  covering the expense of a prearrangement for funeral services

27  or merchandise so as to provide funds at the time the services

28  and merchandise are needed. The face amount of insurance

29  covered by any such policy shall not exceed $12,500, plus an

30  annual percentage increase based on the Annual Consumer Price

31  Index compiled by the United States Department of Labor,

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 1  beginning with the Annual Consumer Price Index announced by

 2  the United States Department of Labor for 2003 $7,500.

 3         Section 52.  Sections 497.275, 497.388, and 497.556,

 4  Florida Statutes, are repealed.

 5         Section 53.  This act shall take effect October 1,

 6  2005.

 7  

 8          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
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10                                 

11  Clarifies that the human remains delivered to the State's
    anatomical board for final disposition are not limited to
12  "unclaimed" human remains and that the disposal of such
    remains may be by cremation or otherwise.
13  
    Provides that the maximum face amount of life insurance that
14  may be sold by a funeral director who is a licensed insurance
    agent, to cover the pre-need expense of funerals, which is
15  increased by the bill from $7,500 to $12,500, would be
    increased annually based on the Annual Consumer Price index.
16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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