Senate Bill sb2856c2
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Florida Senate - 2007 CS for CS for SB 2856
By the Committees on Community Affairs; Regulated Industries;
and Senator Crist
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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.; authorizing the use
11 of Internet courses for continuing education;
12 amending s. 497.260, F.S.; requiring that a
13 provision relating to the installation of
14 monuments applies to all cemeteries in the
15 state; amending s. 497.271, F.S.; requiring
16 that certain mausoleums contain pressure relief
17 ventilation; amending s. 497.273, F.S.;
18 providing for internment or entombment of a
19 decedent with the remains of the decedent's
20 pet; amending s. 497.367, F.S.; revising the
21 frequency with which licensed funeral directors
22 and embalmers are required to complete a
23 continuing education course on HIV and AIDS;
24 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 an executive order of the Governor or a federal
31 order declaring a state of emergency in an area.
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1 (3)(2) Any person desiring to obtain a limited
2 license, when permitted by rule, shall submit to the
3 department an application and fee, not to exceed $300, and an
4 affidavit stating that the applicant has been licensed to
5 practice in any jurisdiction in the United States for at least
6 10 years in the profession for which the applicant seeks a
7 limited license. The affidavit shall also state that the
8 applicant has retired or intends to retire from the practice
9 of that profession and intends to practice only pursuant to
10 the restrictions of the limited license granted pursuant to
11 this section. If the applicant for a limited license submits a
12 notarized statement from the employer stating that the
13 applicant will not receive monetary compensation for any
14 service involving the practice of her or his profession, the
15 application and all licensure fees shall be waived. In no
16 event may a person holding a limited license under this
17 section engage in preneed sales under such limited license.
18 (4)(3) Limited licensure may be denied to an applicant
19 who has committed, or is under investigation or prosecution
20 for, any act which would constitute the basis for discipline
21 under this chapter.
22 (5)(4) The recipient of a limited license may practice
23 only in the employ of public agencies or institutions or
24 nonprofit agencies or institutions which meet the requirements
25 of 26 U.S.C. 501(c)(3) of the Internal Revenue Code and which
26 provide professional liability coverage for acts or omissions
27 of the limited licensee. A limited licensee may provide
28 services only during times of to the indigent, underserved, or
29 critical need populations within the state. The standard for
30 determining indigency shall be that recognized by the Federal
31 Poverty Income Guidelines produced by the United States
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1 Department of Health and Human Services. Rules may be adopted
2 to define underserved and critical need areas and to ensure
3 implementation of this section.
4 (6)(5) The department may provide by rule for
5 supervision of limited licensees to protect the health,
6 safety, and welfare of the public.
7 (7)(6) Each applicant granted a limited license is
8 subject to all the provisions of this chapter under which the
9 limited license is issued which are not in conflict with this
10 section.
11 (8) All limited licensees shall work for an entity
12 licensed under this chapter.
13 Section 4. Section 497.162, Florida Statutes, is
14 amended to read:
15 497.162 Health and safety education.--All individuals
16 not licensed under this chapter who intend to be employed as
17 operational personnel affiliated with a direct disposal
18 establishment, cinerator facility, removal service,
19 refrigeration facility, or centralized embalming facility, as
20 well as all nonlicensed individuals who intend to be involved
21 in the removal or transportation of human remains on behalf of
22 a funeral establishment, direct disposal establishment, or
23 cinerator facility shall complete one course approved by the
24 licensing authority on communicable diseases, within 10 days
25 after the date that they begin functioning as operational
26 personnel on behalf of any entity that is regulated by this
27 chapter. The course shall not exceed 3 hours and shall be
28 offered at approved locations throughout the state. Such
29 locations may include establishments that are licensed under
30 this chapter. The licensing authority shall adopt rules to
31 implement and enforce this provision, which rules shall
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1 include provisions that provide for the use of approved
2 videocassette courses and other types of audio, video,
3 Internet, or home study courses to fulfill the continuing
4 education requirements of this section.
5 Section 5. Subsection (2) of section 497.260, Florida
6 Statutes, is amended to read:
7 497.260 Cemeteries; exemption; investigation and
8 mediation.--
9 (2) Section 497.276(1) as to burial records, and ss.
10 497.152(1)(d), 497.164, 497.2765, 497.278, 497.280, and
11 497.284 apply to all cemeteries in this state.
12 Section 6. Paragraph (c) of subsection (2) of section
13 497.271, Florida Statutes, is amended to read:
14 497.271 Standards for construction and significant
15 alteration or renovation of mausoleums and columbaria.--
16 (2) The licensing authority shall adopt, by no later
17 than July 1, 1999, rules establishing minimum standards for
18 all newly constructed and significantly altered or renovated
19 mausoleums and columbaria; however, in the case of significant
20 alterations or renovations to existing structures, the rules
21 shall apply only, when physically feasible, to the newly
22 altered or renovated portion of such structures, except as
23 specified in subsection (4). In developing and adopting such
24 rules, the licensing authority may define different classes of
25 structures or construction standards, and may provide for
26 different rules to apply to each of said classes, if the
27 designation of classes and the application of different rules
28 is in the public interest and is supported by findings by the
29 licensing authority based on evidence of industry practices,
30 economic and physical feasibility, location, or intended uses;
31 provided, that the rules shall provide minimum standards
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1 applicable to all construction. For example, and without
2 limiting the generality of the foregoing, the licensing
3 authority may determine that a small single-story ground level
4 mausoleum does not require the same level of construction
5 standards that a large multistory mausoleum might require; or
6 that a mausoleum located in a low-lying area subject to
7 frequent flooding or hurricane threats might require different
8 standards than one located on high ground in an area not
9 subject to frequent severe weather threats. The licensing
10 authority shall develop the rules in cooperation with, and
11 with technical assistance from, the Florida Building
12 Commission of the Department of Community Affairs, to ensure
13 that the rules are in the proper form and content to be
14 included as part of the Florida Building Code State Minimum
15 Building Codes under part IV VII of chapter 553. If the
16 Florida Building Commission advises that some of the standards
17 proposed by the licensing authority are not appropriate for
18 inclusion in such building codes, the licensing authority may
19 choose to include those standards in a distinct chapter of its
20 rules entitled "Non-Building-Code Standards for Mausoleums" or
21 "Additional Standards for Mausoleums," or other terminology to
22 that effect. If the licensing authority elects to divide the
23 standards into two or more chapters, all such rules shall be
24 binding on licensees and others subject to the jurisdiction of
25 the licensing authority, but only the chapter containing
26 provisions appropriate for building codes shall be transmitted
27 to the Florida Building Commission pursuant to subsection (3).
28 Such rules may be in the form of standards for design and
29 construction; methods, materials, and specifications for
30 construction; or other mechanisms. Such rules shall encompass,
31 at a minimum, the following standards:
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1 (c) Such structure must contain adequate provision for
2 drainage and ventilation. Private or family mausoleums with
3 all crypts bordering an exterior wall must contain pressure
4 relief ventilation from the crypts to the outside of the
5 mausoleum through the exterior wall or roof.
6 Section 7. Subsection (4) is added to section 497.273,
7 Florida Statutes, to read:
8 497.273 Cemetery companies; authorized functions.--
9 (4) This chapter does not prohibit the interment or
10 entombment of the inurned cremated animal remains of the
11 decedent's pet or pets with the decedent's human remains or
12 cremated human remains if:
13 (a) The human remains or cremated human remains are
14 not commingled with the inurned cremated animal remains; and
15 (b) The interment or entombment with the inurned
16 cremated animal remains is with the authorization of the
17 decedent or other legally authorized person.
18 Section 8. Subsection (1) of section 497.367, Florida
19 Statutes, is amended to read:
20 497.367 Instruction on HIV and AIDS, funeral directors
21 and embalmers.--
22 (1) Each person licensed as a funeral director or
23 embalmer under this chapter shall be required to complete an
24 approved continuing educational course on human
25 immunodeficiency virus and acquired immune deficiency syndrome
26 as a prerequisite for every third biennial licensure renewal
27 at least every 2 years. The course shall consist of education
28 on the modes of transmission, infection control procedures,
29 clinical management, and prevention of human immunodeficiency
30 virus and acquired immune deficiency syndrome. Such course
31 shall include information on current Florida law on acquired
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1 immune deficiency syndrome and its impact on testing,
2 confidentiality of test results, and treatment of patients.
3 Section 9. Paragraph (b) of subsection (1) of section
4 497.374, Florida Statutes, is amended to read:
5 497.374 Funeral directing; licensure as a funeral
6 director by endorsement; licensure of a temporary funeral
7 director.--
8 (1) The licensing authority shall issue a license by
9 endorsement to practice funeral directing to an applicant who
10 has remitted a fee set by rule of the licensing authority not
11 to exceed $200 and who:
12 (b)1. Holds a valid license to practice funeral
13 directing in another state of the United States, provided
14 that, when the applicant secured her or his original license,
15 the requirements for licensure were substantially equivalent
16 to or more stringent than those existing in this state; or
17 2. Meets the qualifications for licensure in s.
18 497.373 and has, within 10 years prior to the date of
19 application, successfully completed a state, regional, or
20 national examination in mortuary science, which, as determined
21 by rule of the licensing authority, is substantially
22 equivalent to or more stringent than the examination given by
23 the licensing authority.
24 Section 10. Subsection (1) of section 497.550, Florida
25 Statutes, is amended 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.
4 2. Monument retailer 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 retailer dealer
12 subject to the requirements of this chapter. A person who
13 becomes licensed as a monument retailer dealer by operation of
14 this paragraph may apply to the board for licensure as a
15 monument builder and, upon payment of applicable application
16 fees and the granting of such application and licensure as a
17 monument builder, such person's licensure as a monument
18 retailer dealer will expire.
19 (d) The requirements of this chapter apply to both
20 monument retailers dealers and monument builders, except as
21 provided in this paragraph. Each monument establishment shall
22 be a 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 retailer dealer may
26 not otherwise be required to comply with s. 497.552 or be
27 subject to inspection under this chapter.
28 (e) A monument establishment that is not licensed
29 under the monument-builder category is not eligible for a
30 preneed sales license.
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1 Section 11. Section 497.609, Florida Statutes, is
2 created to read:
3 497.609 Liability of direct disposers, direct disposal
4 establishments, funeral directors, funeral establishments, and
5 cinerator facilities regarding cremation.--If a direct
6 disposer, direct disposal establishment, funeral director,
7 funeral establishment, or cinerator facility is given a copy
8 of the deceased's declaration of intent to be cremated that is
9 signed by the deceased and the deceased's human remains are
10 subsequently cremated, or a court order directing the
11 cremation of the deceased's human remains, no person may make
12 a claim objecting to the cremation against that direct
13 disposer, direct disposal establishment, funeral director,
14 funeral establishment, or cinerator facility. If a direct
15 disposer, direct disposal establishment, funeral director,
16 funeral establishment, or cinerator facility performs a
17 cremation pursuant to the authorization of a legally
18 authorized person who represents that she or he is not aware
19 of any objection to the cremation of the deceased's human
20 remains by others in the same class of the person making the
21 representation or of any person in a higher priority class,
22 and the deceased's human remains are subsequently cremated, no
23 person may make a claim objecting to the cremation against
24 that direct disposer, direct disposal establishment, funeral
25 director, funeral establishment, or cinerator facility.
26 Section 12. Subsections (5) through (14) of section
27 553.36, Florida Statutes, are renumbered as subsections (6)
28 through (15), respectively, present subsections (15) and (16)
29 are renumbered as subsections (17) and (18), respectively, and
30 new subsections (5) and (16) are added to that section, to
31 read:
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1 553.36 Definitions.--The definitions contained in this
2 section govern the construction of this part unless the
3 context otherwise requires.
4 (5) "Columbarium" means a permanent structure
5 consisting of niches.
6 (16) "Private mausoleum" means a structure intended
7 for the private use of a family or group of family members.
8 Section 13. Paragraphs (j) and (k) are added to
9 subsection (9) of section 553.73, Florida Statutes, as amended
10 by chapter 2007-1, Laws of Florida, to read:
11 553.73 Florida Building Code.--
12 (9) The following buildings, structures, and
13 facilities are exempt from the Florida Building Code as
14 provided by law, and any further exemptions shall be as
15 determined by the Legislature and provided by law:
16 (j) Prefabricated or preassembled columbaria that are
17 located in a cemetery regulated under part II of chapter 497
18 and that are 720 square feet or less and less than 15 feet in
19 height.
20 (k) Prefabricated or preassembled, non-walk-in private
21 mausoleums that are located in a cemetery regulated under part
22 II of chapter 497 and that are 720 square feet or less and
23 less than 15 feet in height.
24
25 With the exception of paragraphs (a), (b), (c), and (f), in
26 order to preserve the health, safety, and welfare of the
27 public, the Florida Building Commission may, by rule adopted
28 pursuant to chapter 120, provide for exceptions to the broad
29 categories of buildings exempted in this section, including
30 exceptions for application of specific sections of the code or
31 standards adopted therein. The Department of Agriculture and
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1 Consumer Services shall have exclusive authority to adopt by
2 rule, pursuant to chapter 120, exceptions to nonresidential
3 farm buildings exempted in paragraph (c) when reasonably
4 necessary to preserve public health, safety, and welfare. The
5 exceptions must be based upon specific criteria, such as
6 under-roof floor area, aggregate electrical service capacity,
7 HVAC system capacity, or other building requirements. Further,
8 the commission may recommend to the Legislature additional
9 categories of buildings, structures, or facilities which
10 should be exempted from the Florida Building Code, to be
11 provided by law.
12 Section 14. Subsection (14) of section 316.515,
13 Florida Statutes, is amended to read:
14 316.515 Maximum width, height, length.--
15 (14) MANUFACTURED BUILDINGS.--The Department of
16 Transportation may, in its discretion and upon application and
17 good cause shown therefor that the same is not contrary to the
18 public interest, issue a special permit for truck
19 tractor-semitrailer combinations where the total number of
20 overwidth deliveries of manufactured buildings, as defined in
21 s. 553.36(13) s. 553.36(12), may be reduced by permitting the
22 use of an overlength trailer of no more than 54 feet.
23 Section 15. Paragraph (a) of subsection (1) and
24 subsection (5) of section 627.702, Florida Statutes, are
25 amended to read:
26 627.702 Valued policy law.--
27 (1)(a) In the event of the total loss of any building,
28 structure, mobile home as defined in s. 320.01(2), or
29 manufactured building as defined in s. 553.36(13) s.
30 553.36(12), located in this state and insured by any insurer
31 as to a covered peril, in the absence of any change increasing
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1 the risk without the insurer's consent and in the absence of
2 fraudulent or criminal fault on the part of the insured or one
3 acting in her or his behalf, the insurer's liability under the
4 policy for such total loss, if caused by a covered peril,
5 shall be in the amount of money for which such property was so
6 insured as specified in the policy and for which a premium has
7 been charged and paid.
8 (5) This section does not apply as to personal
9 property or any interest therein, except with respect to
10 mobile homes as defined in s. 320.01(2) or manufactured
11 buildings as defined in s. 553.36(13) s. 553.36(12). Nor does
12 this section apply to coverage of an appurtenant structure or
13 other structure or any coverage or claim in which the dollar
14 amount of coverage available as to the structure involved is
15 not directly stated in the policy as a dollar amount
16 specifically applicable to that particular structure.
17 Section 16. This act shall take effect July 1, 2007
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19 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
20 CS for Senate Bill 2856
21
22 The committee substitute further refines the definition of
"times of critical need" to limit the definition to executive
23 orders issued by the Governor declaring a state of emergency
in an area. Persons who are not licensed under chapter 497,
24 but who are employed by an entity licensed under chapter 497,
are required to complete a course on communicable diseases,
25 and the course may be an approved Internet course. The
definitions of "columbarium" and "private mausoleum" are
26 revised. Certain prefabricated or preassembled columbaria and
mausoleums are exempted from the requirements of the Florida
27 Building Code.
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