Senate Bill sb2856c1

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    Florida Senate - 2007                           CS for SB 2856

    By the Committee on Regulated Industries; and Senator Crist





    580-2333-07

  1                      A bill to be entitled

  2         An act relating to funeral and cemetery

  3         industry regulation; amending s. 497.101, F.S.;

  4         conforming a reference; amending s. 497.141,

  5         F.S.; prohibiting certain persons from

  6         conducting, maintaining, managing, owning, or

  7         operating licensees under ch. 479; providing an

  8         exception; amending s. 497.143, F.S.; revising

  9         regulation and practice of limited licensees;

10         amending s. 497.162, F.S.; requiring certain

11         employees to periodically complete a course on

12         communicable diseases; amending s. 497.260,

13         F.S.; requiring that a provision relating to

14         the installation of monuments applies to all

15         cemeteries in the state; amending s. 497.271,

16         F.S.; requiring that certain mausoleums contain

17         pressure relief ventilation; amending s.

18         497.273, F.S.; providing for internment or

19         entombment of a decedent with the remains of

20         the decedent's pet; amending s. 497.367, F.S.;

21         revising the frequency with which licensed

22         funeral directors and embalmers are required to

23         complete a continuing education course on HIV

24         and AIDS; amending s. 497.374, F.S.; revising

25         qualifications for licensure by endorsement for

26         funeral directors; amending s. 497.550, F.S.;

27         replacing the term "monument dealer" with

28         "monument retailer"; creating s. 497.609, F.S.;

29         providing freedom from liability for direct

30         disposers, direct disposal establishments,

31         funeral directors, funeral establishments, and

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 1         cinerator facilities performing cremation under

 2         certain circumstances; amending s. 553.36,

 3         F.S.; providing definitions; amending s.

 4         553.73, F.S.; providing exceptions to the

 5         Florida Building Code relating to columbaria

 6         and mausoleums; amending ss. 316.515 and

 7         627.702, F.S.; conforming cross-references;

 8         providing an effective date.

 9  

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

11  

12         Section 1.  Subsection (3) of section 497.101, Florida

13  Statutes, is amended to read:

14         497.101  Board of Funeral, Cemetery, and Consumer

15  Services; membership; appointment; terms.--

16         (3)  Board members shall be appointed for terms of 4

17  years, and the State Health Officer shall serve as long as

18  that person holds that office. The designee of the State

19  Health Officer shall serve at the pleasure of the Governor.

20  When the terms of the initial board members expire, the Chief

21  Financial Officer shall stagger the terms of the successor

22  members as follows: one funeral director, one cemetery

23  representative, the monument builder dealer, and one consumer

24  member shall be appointed for terms of 2 years, and the

25  remaining members shall be appointed for terms of 4 years. All

26  subsequent terms shall be for 4 years.

27         Section 2.  Paragraphs (e), (f), and (g) of subsection

28  (12) of section 497.141, Florida Statutes, are redesignated as

29  paragraphs (f), (g), and (h), respectively, and a new

30  paragraph (e) is added to that subsection, to read:

31         497.141  Licensing; general application procedures.--

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 1         (12)

 2         (e)1.  It is unlawful for any person regulated under

 3  chapter 395, chapter 400, or chapter 429, or any officer,

 4  administrator, or board member of such entity if the entity is

 5  a firm, corporation, partnership, or association, or any

 6  person owning 5 percent or more of such entity to conduct,

 7  maintain, manage, own, or operate a licensee under this

 8  chapter.

 9         2.  This paragraph does not apply to a board member of

10  a corporation or organization regulated under chapter 395,

11  chapter 400, or chapter 429 if the board member serves solely

12  in a voluntary capacity, does not regularly take part in the

13  day-to-day operational decisions of the corporation or

14  organization, receives no remuneration for his or her

15  services, and has no financial interest and has no family

16  members with a financial interest in the corporation or

17  organization.

18         Section 3.  Section 497.143, Florida Statutes, is

19  amended to read:

20         497.143  Licensing; limited licenses for retired

21  professionals.--

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

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

24  use of retired professionals in good standing to serve the

25  indigent, underserved, or critical need populations of this

26  state during times of critical need should be encouraged. To

27  that end, rules may be adopted to permit practice by retired

28  professionals as limited licensees under this section.

29         (2)  For purposes of this section, the term "critical

30  need" means:

31  

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 1         (a)  An executive order from the Governor declaring a

 2  state of emergency in an area;

 3         (b)  A request from the director of the Division of

 4  Emergency Management, as state coordinating officer for the

 5  state's comprehensive emergency management plan;

 6         (c)  A request from the Florida Emergency Mortuary

 7  Operations Response System sponsored by the University of

 8  Florida in collaboration with the Maples Center for Forensic

 9  Medicine;

10         (d)  A request from any district medical examiner; or

11         (e)  Activation of a state continuity of operations

12  plan.

13         (3)(2)  Any person desiring to obtain a limited

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

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

16  affidavit stating that the applicant has been licensed to

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

18  10 years in the profession for which the applicant seeks a

19  limited license. The affidavit shall also state that the

20  applicant has retired or intends to retire from the practice

21  of that profession and intends to practice only pursuant to

22  the restrictions of the limited license granted pursuant to

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

24  notarized statement from the employer stating that the

25  applicant will not receive monetary compensation for any

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

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

28  event may a person holding a limited license under this

29  section engage in preneed sales under such limited license.

30         (4)(3)  Limited licensure may be denied to an applicant

31  who has committed, or is under investigation or prosecution

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

 2  under this chapter.

 3         (5)(4)  The recipient of a limited license may practice

 4  only in the employ of public agencies or institutions or

 5  nonprofit agencies or institutions which meet the requirements

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

 7  provide professional liability coverage for acts or omissions

 8  of the limited licensee. A limited licensee may provide

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

10  critical need populations within the state. The standard for

11  determining indigency shall be that recognized by the Federal

12  Poverty Income Guidelines produced by the United States

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

14  to define underserved and critical need areas and to ensure

15  implementation of this section.

16         (6)(5)  The department may provide by rule for

17  supervision of limited licensees to protect the health,

18  safety, and welfare of the public.

19         (7)(6)  Each applicant granted a limited license is

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

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

22  section.

23         (8)  All limited licensees shall work for an entity

24  licensed under this chapter.

25         Section 4.  Section 497.162, Florida Statutes, is

26  amended to read:

27         497.162  Health and safety education.--All individuals

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

29  operational personnel affiliated with a direct disposal

30  establishment, cinerator facility, removal service,

31  refrigeration facility, or centralized embalming facility, as

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 1  well as all nonlicensed individuals who intend to be involved

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

 3  a funeral establishment, direct disposal establishment, or

 4  cinerator facility, and once every 6 years each person who is

 5  not licensed under this chapter who is employed by an entity

 6  licensed under this chapter shall complete one course approved

 7  by the licensing authority on communicable diseases, within 10

 8  days after the date that they begin functioning as operational

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

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

11  offered at approved locations throughout the state. Such

12  locations may include establishments that are licensed under

13  this chapter. The licensing authority shall adopt rules to

14  implement and enforce this provision, which rules shall

15  include provisions that provide for the use of approved

16  videocassette courses and other types of audio, video, or home

17  study courses to fulfill the continuing education requirements

18  of this section.

19         Section 5.  Subsection (2) of section 497.260, Florida

20  Statutes, is amended to read:

21         497.260  Cemeteries; exemption; investigation and

22  mediation.--

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

24  497.152(1)(d), 497.164, 497.2765, 497.278, 497.280, and

25  497.284 apply to all cemeteries in this state.

26         Section 6.  Paragraph (c) of subsection (2) of section

27  497.271, Florida Statutes, is amended to read:

28         497.271  Standards for construction and significant

29  alteration or renovation of mausoleums and columbaria.--

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

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

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    Florida Senate - 2007                           CS for SB 2856
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 1  all newly constructed and significantly altered or renovated

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

 3  alterations or renovations to existing structures, the rules

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

 5  altered or renovated portion of such structures, except as

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

 7  rules, the licensing authority may define different classes of

 8  structures or construction standards, and may provide for

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

10  designation of classes and the application of different rules

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

12  licensing authority based on evidence of industry practices,

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

14  provided, that the rules shall provide minimum standards

15  applicable to all construction. For example, and without

16  limiting the generality of the foregoing, the licensing

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

18  mausoleum does not require the same level of construction

19  standards that a large multistory mausoleum might require; or

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

21  frequent flooding or hurricane threats might require different

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

23  subject to frequent severe weather threats. The licensing

24  authority shall develop the rules in cooperation with, and

25  with technical assistance from, the Florida Building

26  Commission of the Department of Community Affairs, to ensure

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

28  included as part of the State Minimum Building Codes under

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

30  advises that some of the standards proposed by the licensing

31  authority are not appropriate for inclusion in such building

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 1  codes, the licensing authority may choose to include those

 2  standards in a distinct chapter of its rules entitled

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

 4  Standards for Mausoleums," or other terminology to that

 5  effect. If the licensing authority elects to divide the

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

 7  binding on licensees and others subject to the jurisdiction of

 8  the licensing authority, but only the chapter containing

 9  provisions appropriate for building codes shall be transmitted

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

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

12  construction; methods, materials, and specifications for

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

14  at a minimum, the following standards:

15         (c)  Such structure must contain adequate provision for

16  drainage and ventilation. Private or family mausoleums with

17  all crypts bordering an exterior wall must contain pressure

18  relief ventilation from the crypts to the outside of the

19  mausoleum through the exterior wall.

20         Section 7.  Subsection (4) is added to section 497.273,

21  Florida Statutes, to read:

22         497.273  Cemetery companies; authorized functions.--

23         (4)  This chapter does not prohibit the interment or

24  entombment of the inurned cremated animal remains of the

25  decedent's pet or pets with the decedent's human remains or

26  cremated human remains if:

27         (a)  The human remains or cremated human remains are

28  not commingled with the inurned cremated animal remains; and

29         (b)  The interment or entombment with the inurned

30  cremated animal remains is with the authorization of the

31  decedent or other legally authorized person.

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 1         Section 8.  Subsection (1) of section 497.367, Florida

 2  Statutes, is amended to read:

 3         497.367  Instruction on HIV and AIDS, funeral directors

 4  and embalmers.--

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

 6  embalmer under this chapter shall be required to complete an

 7  approved continuing educational course on human

 8  immunodeficiency virus and acquired immune deficiency syndrome

 9  as a prerequisite for every third biennial licensure renewal

10  at least every 2 years. The course shall consist of education

11  on the modes of transmission, infection control procedures,

12  clinical management, and prevention of human immunodeficiency

13  virus and acquired immune deficiency syndrome. Such course

14  shall include information on current Florida law on acquired

15  immune deficiency syndrome and its impact on testing,

16  confidentiality of test results, and treatment of patients.

17         Section 9.  Paragraph (b) of subsection (1) of section

18  497.374, Florida Statutes, is amended to 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         (b)1.  Holds a valid license to practice funeral

27  directing in another state of the United States, provided

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

29  the requirements for licensure were substantially equivalent

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

31  

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 1         2.  Meets the qualifications for licensure in s.

 2  497.373 and has, within 10 years prior to the date of

 3  application, successfully completed a state, regional, or

 4  national examination in mortuary science, which, as determined

 5  by rule of the licensing authority, is substantially

 6  equivalent to or more stringent than the examination given by

 7  the licensing authority.

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

 9  Statutes, is amended to read:

10         497.550  Licensure of monument establishments required;

11  procedures and criteria.--

12         (1)  LICENSE REQUIRED.--No person shall conduct,

13  maintain, manage, or operate a monument establishment in this

14  state unless the monument establishment is licensed pursuant

15  to this part.

16         (a)  The two categories of monument establishment

17  licensure available in this state are:

18         1.  Monument builder.

19         2.  Monument retailer dealer.

20         (b)  An applicant for licensure as a monument

21  establishment shall designate on the application form the

22  category of monument establishment licensure for which he or

23  she is applying.

24         (c)  Each monument establishment that is licensed under

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

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

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

28  becomes licensed as a monument retailer dealer by operation of

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

30  monument builder and, upon payment of applicable application

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

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

 2  retailer dealer will expire.

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

 4  monument retailers dealers and monument builders, except as

 5  provided in this paragraph. Each monument establishment shall

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

 7  address, in compliance with zoning regulations of the

 8  appropriate local government, and not located on property that

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

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

11  subject to inspection under this chapter.

12         (e)  A monument establishment that is not licensed

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

14  preneed sales license.

15         Section 11.  Section 497.609, Florida Statutes, is

16  created to read:

17         497.609  Liability of direct disposers, direct disposal

18  establishments, funeral directors, funeral establishments, and

19  cinerator facilities regarding cremation.--If a direct

20  disposer, direct disposal establishment, funeral director,

21  funeral establishment, or cinerator facility is given a copy

22  of the deceased's declaration of intent to be cremated that is

23  signed by the deceased and the deceased's human remains are

24  subsequently cremated, or a court order directing the

25  cremation of the deceased's human remains, no person may make

26  a claim objecting to the cremation against that direct

27  disposer, direct disposal establishment, funeral director,

28  funeral establishment, or cinerator facility. If a direct

29  disposer, direct disposal establishment, funeral director,

30  funeral establishment, or cinerator facility performs a

31  cremation pursuant to the authorization of a legally

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 1  authorized person who represents that she or he is not aware

 2  of any objection to the cremation of the deceased's human

 3  remains by others in the same class of the person making the

 4  representation or of any person in a higher priority class,

 5  and the deceased's human remains are subsequently cremated, no

 6  person may make a claim objecting to the cremation against

 7  that direct disposer, direct disposal establishment, funeral

 8  director, funeral establishment, or cinerator facility.

 9         Section 12.  Subsections (5) through (14) of section

10  553.36, Florida Statutes, are renumbered as subsections (6)

11  through (15), respectively, present subsections (15) and (16)

12  are renumbered as subsections (17) and (18), respectively, and

13  new subsections (5) and (16) are added to that section, to

14  read:

15         553.36  Definitions.--The definitions contained in this

16  section govern the construction of this part unless the

17  context otherwise requires.

18         (5)  "Columbarium" means a structure or building that

19  is substantially exposed above the ground and that is intended

20  to be used for the inurnment of cremated remains.

21         (16)  "Private mausoleum" means a mausoleum as defined

22  in s. 497.005(40) for the private use of a family or group of

23  family members.

24         Section 13.  Paragraphs (j) and (k) are added to

25  subsection (9) of section 553.73, Florida Statutes, to read:

26         553.73  Florida Building Code.--

27         (9)  The following buildings, structures, and

28  facilities are exempt from the Florida Building Code as

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

30  determined by the Legislature and provided by law:

31         (j)  Prefabricated or pre-assembled columbaria.

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 1         (k)  Prefabricated or pre-assembled private mausoleums

 2  that are not walk-in.

 3  

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

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

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

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

 8  categories of buildings exempted in this section, including

 9  exceptions for application of specific sections of the code or

10  standards adopted therein. The Department of Agriculture and

11  Consumer Services shall have exclusive authority to adopt by

12  rule, pursuant to chapter 120, exceptions to nonresidential

13  farm buildings exempted in paragraph (c) when reasonably

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

15  exceptions must be based upon specific criteria, such as

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

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

18  the commission may recommend to the Legislature additional

19  categories of buildings, structures, or facilities which

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

21  provided by law.

22         Section 14.  Subsection (14) of section 316.515,

23  Florida Statutes, is amended to read:

24         316.515  Maximum width, height, length.--

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

26  Transportation may, in its discretion and upon application and

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

28  public interest, issue a special permit for truck

29  tractor-semitrailer combinations where the total number of

30  overwidth deliveries of manufactured buildings, as defined in

31  

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

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

 3         Section 15.  Paragraph (a) of subsection (1) and

 4  subsection (5) of section 627.702, Florida Statutes, are

 5  amended to read:

 6         627.702  Valued policy law.--

 7         (1)(a)  In the event of the total loss of any building,

 8  structure, mobile home as defined in s. 320.01(2), or

 9  manufactured building as defined in s. 553.36(13) s.

10  553.36(12), located in this state and insured by any insurer

11  as to a covered peril, in the absence of any change increasing

12  the risk without the insurer's consent and in the absence of

13  fraudulent or criminal fault on the part of the insured or one

14  acting in her or his behalf, the insurer's liability under the

15  policy for such total loss, if caused by a covered peril,

16  shall be in the amount of money for which such property was so

17  insured as specified in the policy and for which a premium has

18  been charged and paid.

19         (5)  This section does not apply as to personal

20  property or any interest therein, except with respect to

21  mobile homes as defined in s. 320.01(2) or manufactured

22  buildings as defined in s. 553.36(13) s. 553.36(12). Nor does

23  this section apply to coverage of an appurtenant structure or

24  other structure or any coverage or claim in which the dollar

25  amount of coverage available as to the structure involved is

26  not directly stated in the policy as a dollar amount

27  specifically applicable to that particular structure.

28         Section 16.  This act shall take effect July 1, 2007.

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2856

 3                                 

 4  The committee substitute (CS) amends s. 497.101(3), F.S., to
    reference "monument builder" instead of "monument dealer."
 5  
    The CS amends s. 497.101, F.S., to prohibit any officer,
 6  administrator, or board member,  firm, corporation,
    partnership, or association that is regulated under chs. 395,
 7  400, or 429, F.S., from operating or owning an entity licensed
    under ch. 497, F.S.  It also changes the condition for the
 8  exemption that the board member must serve in a voluntary
    capacity, receive no remuneration and have no financial
 9  interest and have no family member with a financial interest
    in the regulated corporation or organization.
10  
    The CS amends s. 497.143, F.S., to include within the meaning
11  of the term "critical need" a request from the director of the
    Division of Emergency Management; a request from the Florida
12  Emergency Mortuary Operations Response System; a request from
    any district medical examiner; or activation of the state
13  continuity of operations plan.  It requires all limited
    licensees to work for an entity licensed under ch. 497, F.S.
14  
    The CS amends s. 497.162, F.S., to remove the provision
15  authorizing that the communicable disease course for
    non-licensed operational personnel may be on the Internet.  It
16  provides that non-licensed operational personnel must complete
    the required course once every six years.
17  
    The CS removes the provision creating s. 497.279, F.S.,
18  relating to minimum standards for all newly installed
    monuments and markers.
19  
    The CS amends s. 497.273, F.S. to permit deceased persons to
20  be interned or entombed with the cremated inurned remains of
    their pets.
21  
    The CS revises the provisions relating to limiting claims
22  against certain licensees for cremating bodies and it provides
    a definition of private mausoleum.
23  
    The CS amends s. 627.702, F.S., to correct a cross reference
24  to s. 553.36(13), F.S.

25  

26  

27  

28  

29  

30  

31  

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