Senate Bill sb2856

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    Florida Senate - 2007                                  SB 2856

    By Senator Crist





    12-428D-07

  1                      A bill to be entitled

  2         An act relating to funeral, cemetery, and

  3         consumer services; amending s. 497.141, F.S.;

  4         prohibiting certain specified persons from

  5         owning, managing, or operating a business

  6         entity regulated or licensed under ch. 497,

  7         F.S.; providing exceptions; amending s.

  8         497.143, F.S.; defining the term "critical

  9         need"; specifying conditions that justify the

10         issuance of a limited practice license to

11         retired professionals; amending s. 497.162,

12         F.S.; requiring the licensing authority to

13         adopt rules that authorize the use of the

14         Internet to fulfill the continuing educational

15         requirements mandated for funeral, cemetery,

16         and other personnel; amending s. 497.260, F.S.;

17         conforming a cross-reference; amending s.

18         497.271, F.S.; requiring pressure-relief

19         ventilation for certain private or family

20         mausoleums; creating s. 497.279, F.S.;

21         requiring the licensing authority to adopt

22         rules establishing minimum standards for newly

23         installed monuments and markers by a specified

24         date; authorizing the licensing authority to

25         define different classes of monuments and

26         markers under certain circumstances; requiring

27         that the rules provide minimum standards

28         relating to foundation and setting techniques

29         of monuments and markers; requiring the

30         licensing authority to prepare the rules in

31         cooperation with the Florida Monument Builders

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 1         Association; providing an exception; amending

 2         s. 497.367, F.S.; requiring that each licensed

 3         funeral director or embalmer complete HIV and

 4         AIDS educational courses within a specified

 5         time; amending s. 497.374, F.S.; revising

 6         conditions for a funeral director to receive a

 7         license by endorsement; amending s. 497.550,

 8         F.S.; providing for monument retailers;

 9         creating s. 497.609, F.S.; providing for

10         exemptions from liability for direct disposers,

11         direct disposal establishments, funeral

12         directors, funeral establishments, and

13         cinerator facilities when cremating a body;

14         amending s. 553.36, F.S.; defining the terms

15         "private mausoleum" and "columbarium"; amending

16         s. 553.73, F.S.; exempting certain columbaria

17         and mausoleums from provisions of the Florida

18         Building Code; amending s. 316.515, F.S.;

19         conforming a cross-reference; providing an

20         effective date.

21  

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

23  

24         Section 1.  Present paragraphs (e), (f), and (g) of

25  subsection (12) of section 497.141, Florida Statutes, are

26  redesignated as paragraphs (f), (g), and (h), respectively,

27  and a new paragraph (e) is added to that subsection, to read:

28         497.141  Licensing; general application procedures.--

29         (12)

30         (e)1.  A person or business entity that is licensed

31  under chapter 395, chapter 400, or chapter 429, any person who

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 1  serves on the board of such a business entity, or any person

 2  who owns 5 percent or more of such a business entity may not

 3  own, manage, or operate a business entity whose service or

 4  activity is licensed under this chapter.

 5         2.  This paragraph does not apply to any person who

 6  serves on the board of directors of a business entity that is

 7  licensed under chapter 395, chapter 400, or chapter 429, if

 8  that person:

 9         a.  Does not regularly participate in making

10  operational decisions for the business entity licensed under

11  this chapter;

12         b.  Receives no direct or indirect remuneration for

13  serving on the board of the business entity licensed under

14  this chapter;

15         c.  Has no financial interest in the operation licensed

16  under this chapter; or

17         d.  Has no member of the person's immediate family with

18  a financial interest in the business entity licensed under

19  this chapter.

20         Section 2.  Section 497.143, Florida Statutes, is

21  amended to read:

22         497.143  Licensing; limited licenses for retired

23  professionals.--

24         (1)  It is the intent of the Legislature that, absent a

25  threat to the health, safety, and welfare of the public, the

26  use of retired professionals in good standing to serve during

27  times of the indigent, underserved, or critical need within

28  the populations of this state should be encouraged. To that

29  end, rules may be adopted to permit practice by retired

30  professionals as limited licensees under this section.

31  

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 1         (2)  For the purpose of this section, the term

 2  "critical need" means an executive order from the Governor or

 3  a federal order declaring a state of emergency.

 4         (3)(2)  Any person desiring to obtain a limited

 5  license, when permitted by rule, shall submit to the

 6  department an application and fee, not to exceed $300, and an

 7  affidavit stating that the applicant has been licensed to

 8  practice in any jurisdiction in the United States for at least

 9  10 years in the profession for which the applicant seeks a

10  limited license. The affidavit shall also state that the

11  applicant has retired or intends to retire from the practice

12  of that profession and intends to practice only under pursuant

13  to the restrictions of the limited license granted pursuant to

14  this section. If the applicant for a limited license submits a

15  notarized statement from the employer stating that the

16  applicant will not receive monetary compensation for any

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

18  application and all licensure fees shall be waived. In no

19  event may a person holding a limited license under this

20  section engage in preneed sales under the such limited

21  license.

22         (4)(3)  Limited licensure may be denied to an applicant

23  who has committed, or is under investigation or prosecution

24  for, any act which would constitute the basis for discipline

25  under this chapter.

26         (5)(4)  The recipient of a limited license may practice

27  only in the employ of public agencies or institutions or

28  nonprofit agencies or institutions which meet the requirements

29  of 26 U.S.C. 501(c)(3) of the Internal Revenue Code and which

30  provide professional liability coverage for acts or omissions

31  of the limited licensee. A limited licensee may provide

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 1  services only during times of to the indigent, underserved, or

 2  critical need populations within the state. The standard for

 3  determining indigency shall be that recognized by the Federal

 4  Poverty Income Guidelines produced by the United States

 5  Department of Health and Human Services. Rules may be adopted

 6  to define underserved and critical need areas and to ensure

 7  implementation of this section.

 8         (6)(5)  The department may provide by rule for

 9  supervision of limited licensees to protect the health,

10  safety, and welfare of the public. All limited licensees must

11  be employed by an entity licensed under this chapter.

12         (7)(6)  Each applicant granted a limited license is

13  subject to all the provisions of this chapter under which the

14  limited license is issued which are not in conflict with this

15  section.

16         Section 3.  Section 497.162, Florida Statutes, is

17  amended to read:

18         497.162  Health and safety education.--All individuals

19  not licensed under this chapter who intend to be employed as

20  operational personnel affiliated with a direct disposal

21  establishment, cinerator facility, removal service,

22  refrigeration facility, or centralized embalming facility, as

23  well as all nonlicensed individuals who intend to be involved

24  in the removal or transportation of human remains on behalf of

25  a funeral establishment, direct disposal establishment, or

26  cinerator facility shall complete one course approved by the

27  licensing authority on communicable diseases, within 10 days

28  after the date that they begin functioning as operational

29  personnel on behalf of any entity that is regulated by this

30  chapter. The course shall not exceed 3 hours and shall be

31  offered at approved locations throughout the state. Such

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 1  locations may include establishments that are licensed under

 2  this chapter. The licensing authority shall adopt rules to

 3  implement and enforce this provision, which rules shall

 4  include provisions that provide for the use of approved

 5  videocassette courses and other types of audio, video,

 6  Internet, or home study courses to fulfill the continuing

 7  education requirements of this section.

 8         Section 4.  Subsection (2) of section 497.260, Florida

 9  Statutes, is amended to read:

10         497.260  Cemeteries; exemption; investigation and

11  mediation.--

12         (2)  Section 497.276(1) as to burial records, and ss.

13  497.152(1)(d), 497.164, 497.2765, 497.278, 497.280, and

14  497.284 apply to all cemeteries in this state.

15         Section 5.  Paragraph (c) of subsection (2) of section

16  497.271, Florida Statutes, is amended to read:

17         497.271  Standards for construction and significant

18  alteration or renovation of mausoleums and columbaria.--

19         (2)  The licensing authority shall adopt, by no later

20  than July 1, 1999, rules establishing minimum standards for

21  all newly constructed and significantly altered or renovated

22  mausoleums and columbaria; however, in the case of significant

23  alterations or renovations to existing structures, the rules

24  shall apply only, when physically feasible, to the newly

25  altered or renovated portion of such structures, except as

26  specified in subsection (4). In developing and adopting such

27  rules, the licensing authority may define different classes of

28  structures or construction standards, and may provide for

29  different rules to apply to each of said classes, if the

30  designation of classes and the application of different rules

31  is in the public interest and is supported by findings by the

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 1  licensing authority based on evidence of industry practices,

 2  economic and physical feasibility, location, or intended uses;

 3  provided, that the rules shall provide minimum standards

 4  applicable to all construction. For example, and without

 5  limiting the generality of the foregoing, the licensing

 6  authority may determine that a small single-story ground level

 7  mausoleum does not require the same level of construction

 8  standards that a large multistory mausoleum might require; or

 9  that a mausoleum located in a low-lying area subject to

10  frequent flooding or hurricane threats might require different

11  standards than one located on high ground in an area not

12  subject to frequent severe weather threats. The licensing

13  authority shall develop the rules in cooperation with, and

14  with technical assistance from, the Florida Building

15  Commission of the Department of Community Affairs, to ensure

16  that the rules are in the proper form and content to be

17  included as part of the State Minimum Building Codes under

18  part VII of chapter 553. If the Florida Building Commission

19  advises that some of the standards proposed by the licensing

20  authority are not appropriate for inclusion in such building

21  codes, the licensing authority may choose to include those

22  standards in a distinct chapter of its rules entitled

23  "Non-Building-Code Standards for Mausoleums" or "Additional

24  Standards for Mausoleums," or other terminology to that

25  effect. If the licensing authority elects to divide the

26  standards into two or more chapters, all such rules shall be

27  binding on licensees and others subject to the jurisdiction of

28  the licensing authority, but only the chapter containing

29  provisions appropriate for building codes shall be transmitted

30  to the Florida Building Commission pursuant to subsection (3).

31  Such rules may be in the form of standards for design and

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 1  construction; methods, materials, and specifications for

 2  construction; or other mechanisms. Such rules shall encompass,

 3  at a minimum, the following standards:

 4         (c)  Such structure must contain adequate provision for

 5  drainage and ventilation. For private or family mausoleums

 6  where all crypts are bordering an exterior wall,

 7  pressure-relief ventilation must be provided from the crypt to

 8  the outside of the mausoleum through the exterior wall.

 9         Section 6.  Section 497.279, Florida Statutes, is

10  created to read:

11         497.279  Monuments; installation standards.--

12         (1)  All newly installed monuments and markers must

13  conform to the standards set forth in this section.

14         (2)  By January 1, 2008, the licensing authority shall

15  adopt rules establishing minimum standards for all newly

16  installed monuments and markers. When developing and adopting

17  the rules, the licensing authority may define different

18  classes of monuments and markers and may provide different

19  rules to apply to each of the classes if the designation of

20  classes and the application of different rules is in the

21  public interest and is supported by findings by the licensing

22  authority based on evidence of industry practices, economic

23  and physical feasibility, location, or intended uses; however,

24  the rules shall provide minimum standards relating to

25  foundation and setting techniques.

26         (3)  The licensing authority shall develop the rules in

27  cooperation with, and using technical assistance from, the

28  Florida Monument Builders Association to ensure that the rules

29  are consistent with long-established installation practices.

30  

31  

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 1         (4)  The rules shall exclude any reference to

 2  engineering documentation, local building codes, or windstorm

 3  damage exceeding 130 miles an hour.

 4         Section 7.  Subsection (1) of section 497.367, Florida

 5  Statutes, is amended to read:

 6         497.367  Instruction on HIV and AIDS, funeral directors

 7  and embalmers.--

 8         (1)  Each person licensed as a funeral director or

 9  embalmer under this chapter shall be required to complete an

10  approved continuing educational course on human

11  immunodeficiency virus and acquired immune deficiency syndrome

12  as part of every third biennial relicensure at least every 2

13  years. The course shall consist of education on the modes of

14  transmission, infection control procedures, clinical

15  management, and prevention of human immunodeficiency virus and

16  acquired immune deficiency syndrome. Such course shall include

17  information on current Florida law on acquired immune

18  deficiency syndrome and its impact on testing, confidentiality

19  of test results, and treatment of patients.

20         Section 8.  Paragraph (b) of subsection (1) of section

21  497.374, Florida Statutes, is amended to read:

22         497.374  Funeral directing; licensure as a funeral

23  director by endorsement; licensure of a temporary funeral

24  director.--

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

26  endorsement to practice funeral directing to an applicant who

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

28  to exceed $200 and who:

29         (b)1.  Holds a valid license to practice funeral

30  directing in another state of the United States, provided

31  that, when the applicant secured her or his original license,

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 1  the requirements for licensure were substantially equivalent

 2  to or more stringent than those existing in this state; or

 3         2.  Meets the qualifications for licensure in s.

 4  497.373 and has, within 10 years prior to the date of

 5  application, successfully completed a state, regional, or

 6  national examination in mortuary science, which, as determined

 7  by rule of the licensing authority, is substantially

 8  equivalent to or more stringent than the examination given by

 9  the licensing authority.

10         Section 9.  Subsection (1) of section 497.550, Florida

11  Statutes, is amended to read:

12         497.550  Licensure of monument establishments required;

13  procedures and criteria.--

14         (1)  LICENSE REQUIRED.--A No person may not shall

15  conduct, maintain, manage, or operate a monument establishment

16  in this state unless the monument establishment is licensed

17  under pursuant to this part.

18         (a)  The two categories of monument establishment

19  licensure available in this state are:

20         1.  Monument builder.

21         2.  Monument retailer dealer.

22         (b)  An applicant for licensure as a monument

23  establishment shall designate on the application form the

24  category of monument establishment licensure for which he or

25  she is applying.

26         (c)  Each monument establishment that is licensed under

27  this chapter at 11:59 p.m. on September 30, 2005, is, on and

28  after October 1, 2005, licensed as a monument retailer dealer

29  subject to the requirements of this chapter. A person who

30  becomes licensed as a monument retailer dealer by operation of

31  this paragraph may apply to the board for licensure as a

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 1  monument builder and, upon payment of applicable application

 2  fees and the granting of such application and licensure as a

 3  monument builder, such person's licensure as a monument

 4  retailer dealer will expire.

 5         (d)  The requirements of this chapter apply to both

 6  monument retailers dealers and monument builders, except as

 7  provided in this paragraph. Each monument establishment shall

 8  be a physical structure that is located at a specific street

 9  address, in compliance with zoning regulations of the

10  appropriate local government, and not located on property that

11  is exempt from taxation, but a monument retailer is dealer may

12  not otherwise be required to comply with s. 497.552 or be

13  subject to inspection under this chapter.

14         (e)  A monument establishment that is not licensed

15  under the monument-builder category is not eligible for a

16  preneed sales license.

17         Section 10.  Section 497.609, Florida Statutes, is

18  created to read:

19         497.609  Liability of direct disposers, direct disposal

20  establishments, funeral directors, funeral establishments, and

21  cinerator facilities regarding cremation.--

22         (1)  A person may not make a claim objecting to the

23  cremation of a deceased person against a direct disposer,

24  direct disposal establishment, funeral director, funeral

25  establishment, or cinerator facility if the direct disposer,

26  direct disposal establishment, funeral director, funeral

27  establishment, or cinerator facility is given:

28         (a)  A copy of a deceased's declaration of intent to be

29  cremated which is signed by the deceased and notarized or

30  witnessed by two nonrelated individuals;

31  

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 1         (b)  A copy of the deceased's prearranged cremation

 2  contract or cremation authorization form signed by the

 3  deceased; or

 4         (c)  A court order directing the cremation of the

 5  deceased.

 6         (2)  A person may not make a claim objecting to the

 7  cremation of a deceased person against a direct disposer,

 8  direct disposal establishment, funeral director, funeral

 9  establishment, or cinerator facility if a direct disposer,

10  direct disposal establishment, funeral director, funeral

11  establishment, or cinerator facility performs a cremation

12  pursuant to permission given by a legally authorized person

13  who represents that he or she is not aware of any objection to

14  the cremation of the deceased by others in the same class of

15  persons making the representation or of any person in a higher

16  priority class.

17         Section 11.  Section 553.36, Florida Statutes, is

18  amended to read:

19         553.36  Definitions.--The definitions contained in this

20  section govern the construction of this part unless the

21  context otherwise requires.

22         (1)  "Approved" means conforming to the requirements of

23  the Florida Building Code.

24         (2)  "Approved inspection agency" means an organization

25  determined by the department to be especially qualified by

26  reason of facilities, personnel, experience, and demonstrated

27  reliability to investigate, test, and evaluate manufactured

28  building units or systems or the component parts thereof,

29  together with the plans, specifications, and quality control

30  procedures to ensure that such units, systems, or component

31  

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 1  parts are in full compliance with the Florida Building Code

 2  and to label such units complying with those standards.

 3         (3)  "Closed construction" means that condition when

 4  any building, component, assembly, subassembly, or system is

 5  manufactured in such a manner that all portions cannot be

 6  readily inspected at the installation site without disassembly

 7  or destruction thereof.

 8         (4)  "Open construction" means any building, building

 9  component, assembly, or system manufactured in such a manner

10  that all portions can be readily inspected at the building

11  site without disassembly thereof, damage thereto, or

12  destruction thereof.

13         (5)  "Columbarium" means a permanent structure

14  consisting of niches.

15         (6)(5)  "Component" means any assembly, subassembly, or

16  combination of parts for use as a part of a building, which

17  may include structural, electrical, mechanical, and fire

18  protection systems and other systems affecting health and

19  safety. Components that incorporate elements of a building

20  subject to the product approval system adopted under s.

21  553.842 are subject to approval in accordance with the product

22  approval system upon implementation thereof and are not

23  subject to the rules adopted under this part. Components to

24  which the rules adopted under this part apply are limited to

25  three-dimensional systems for use as part of a building.

26         (7)(6)  "Department" means the Department of Community

27  Affairs.

28         (8)(7)  "Factory-built school shelter" means any

29  site-assembled or factory-built school building that is

30  designed to be portable, relocatable, demountable, or

31  reconstructible and that complies with the provisions for

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 1  enhanced hurricane protection areas, as required by the

 2  applicable code.

 3         (9)(8)  "Insignia" means an approved device or seal

 4  issued by the department to indicate compliance with the

 5  standards and rules established pursuant to this part.

 6         (10)(9)  "Install" means the assembly of a manufactured

 7  building component or system on site and the process of

 8  affixing a manufactured building component or system to land,

 9  a foundation, or an existing building, and service connections

10  which are a part thereof.

11         (11)(10)  "Local government" means any municipality,

12  county, district, or combination thereof comprising a

13  governmental unit.

14         (12)(11)  "Manufacture" means the process of making,

15  fabricating, constructing, forming, or assembling a product

16  from raw, unfinished, semifinished, or finished materials.

17         (13)(12)  "Manufactured building" means a closed

18  structure, building assembly, or system of subassemblies,

19  which may include structural, electrical, plumbing, heating,

20  ventilating, or other service systems manufactured in

21  manufacturing facilities for installation or erection as a

22  finished building or as part of a finished building, which

23  shall include, but not be limited to, residential, commercial,

24  institutional, storage, and industrial structures. The term

25  includes buildings not intended for human habitation such as

26  lawn storage buildings and storage sheds manufactured and

27  assembled offsite by a manufacturer certified in conformance

28  with this part. This part does not apply to mobile homes.

29         (14)(13)  "Mobile home" means any residential unit

30  constructed to standards promulgated by the United States

31  Department of Housing and Urban Development.

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 1         (15)(14)  "Module" means a separately transported

 2  three-dimensional component of a manufactured building which

 3  contains all or a portion of structural systems, electrical

 4  systems, plumbing systems, mechanical systems, fire systems,

 5  and thermal systems.

 6         (16)  "Private mausoleum" means a structure intended

 7  for the private use of a family or group of family members

 8  which is prefabricated or preassembled.

 9         (17)(15)  "Site" is the location on which a

10  manufactured building is installed or is to be installed.

11         (18)(16)  "System" means structural, plumbing,

12  mechanical, heating, electrical, or ventilating elements,

13  materials, or components combined for use in a building.

14         Section 12.  Subsection (8) of section 553.73, Florida

15  Statutes, is amended to read:

16         553.73  Florida Building Code.--

17         (8)  The following buildings, structures, and

18  facilities are exempt from the Florida Building Code as

19  provided by law, and any further exemptions shall be as

20  determined by the Legislature and provided by law:

21         (a)  Buildings and structures specifically regulated

22  and preempted by the Federal Government.

23         (b)  Railroads and ancillary facilities associated with

24  the railroad.

25         (c)  Nonresidential farm buildings on farms.

26         (d)  Temporary buildings or sheds used exclusively for

27  construction purposes.

28         (e)  Mobile or modular structures used as temporary

29  offices, except that the provisions of part II relating to

30  accessibility by persons with disabilities shall apply to such

31  mobile or modular structures.

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 1         (f)  Those structures or facilities of electric

 2  utilities, as defined in s. 366.02, which are directly

 3  involved in the generation, transmission, or distribution of

 4  electricity.

 5         (g)  Temporary sets, assemblies, or structures used in

 6  commercial motion picture or television production, or any

 7  sound-recording equipment used in such production, on or off

 8  the premises.

 9         (h)  Storage sheds that are not designed for human

10  habitation and that have a floor area of 720 square feet or

11  less are not required to comply with the mandatory

12  wind-borne-debris-impact standards of the Florida Building

13  Code.

14         (i)  Chickees constructed by the Miccosukee Tribe of

15  Indians of Florida or the Seminole Tribe of Florida. As used

16  in this paragraph, the term "chickee" means an open-sided

17  wooden hut that has a thatched roof of palm or palmetto or

18  other traditional materials, and that does not incorporate any

19  electrical, plumbing, or other nonwood features.

20         (j)  Prefabricated or preassembled columbaria.

21         (k)  Prefabricated or preassembled non-walk-in private

22  or family mausoleums.

23  

24  With the exception of paragraphs (a), (b), (c), and (f), in

25  order to preserve the health, safety, and welfare of the

26  public, the Florida Building Commission may, by rule adopted

27  pursuant to chapter 120, provide for exceptions to the broad

28  categories of buildings exempted in this section, including

29  exceptions for application of specific sections of the code or

30  standards adopted therein. The Department of Agriculture and

31  Consumer Services shall have exclusive authority to adopt by

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 1  rule, pursuant to chapter 120, exceptions to nonresidential

 2  farm buildings exempted in paragraph (c) when reasonably

 3  necessary to preserve public health, safety, and welfare. The

 4  exceptions must be based upon specific criteria, such as

 5  under-roof floor area, aggregate electrical service capacity,

 6  HVAC system capacity, or other building requirements. Further,

 7  the commission may recommend to the Legislature additional

 8  categories of buildings, structures, or facilities which

 9  should be exempted from the Florida Building Code, to be

10  provided by law.

11         Section 13.  Subsection (14) of section 316.515,

12  Florida Statutes, is amended to read:

13         316.515  Maximum width, height, length.--

14         (14)  MANUFACTURED BUILDINGS.--The Department of

15  Transportation may, in its discretion and upon application and

16  good cause shown therefor that the same is not contrary to the

17  public interest, issue a special permit for truck

18  tractor-semitrailer combinations where the total number of

19  overwidth deliveries of manufactured buildings, as defined in

20  s. 553.36(13) s. 553.36(12), may be reduced by permitting the

21  use of an overlength trailer of no more than 54 feet.

22         Section 14.  This act shall take effect July 1, 2007.

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    Florida Senate - 2007                                  SB 2856
    12-428D-07




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 2                          SENATE SUMMARY

 3    Provides that certain specified persons may not own,
      manage, or operate a business entity regulated or
 4    licensed under ch. 497, F.S. Provides exceptions.
      Specifies the conditions that justify the issuance of a
 5    limited practice license to retired professionals.
      Requires pressure-relief ventilation for certain private
 6    or family mausoleums. Requires the licensing authority to
      adopt rules establishing minimum standards for newly
 7    installed monuments and markers by a specified date.
      Authorizes the licensing authority to define different
 8    classes of monuments and markers under certain
      circumstances. Requires that the rules provide minimum
 9    standards relating to foundation and setting techniques
      of monuments and markers. Requires that each licensed
10    funeral director or embalmer complete an HIV and AIDS
      educational course within a specified time period.
11    Provides conditions for a funeral director to receive a
      license by endorsement. Provides for exemptions from
12    liability for direct disposers, direct disposal
      establishments, funeral directors, funeral
13    establishments, and cinerator facilities when cremating a
      body.
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