Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 1393, 1st Eng.
       
       
       
       
       
       
                                Ì701988[Î701988                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                Floor: 1/AD/2R         .            Floor: C            
             04/29/2019 02:15 PM       .      05/01/2019 04:10 PM       
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Baxley moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 275 - 506
    4  and insert:
    5  licenses, may serve as a funeral director in charge for not more
    6  than a total of two of the following: funeral establishments,
    7  centralized embalming facilities, direct disposal
    8  establishments, or cinerator facilities, as long as the two
    9  locations are not more than 75 miles apart as measured in a
   10  straight line The full-time funeral director in charge must have
   11  an active license and may not be the full-time funeral director
   12  in charge of any other funeral establishment or of any other
   13  direct disposal establishment. Effective October 1, 2010, The
   14  full-time funeral director in charge must hold an active, valid
   15  funeral director license and an active, valid embalmer license,
   16  or combination license as a funeral director and an embalmer.
   17  However, a funeral director may serve as funeral director in
   18  charge without an embalmer license or combination license if the
   19  establishment does not have an embalming room on site or may
   20  continue as the full-time funeral director in charge without an
   21  embalmer or combination license if, as of September 30, 2010:
   22         (a) The funeral establishment and the funeral director both
   23  have active, valid licenses.
   24         (b) The funeral director is currently the full-time funeral
   25  director in charge of the funeral establishment.
   26         (c) The name of the funeral director was included, as
   27  required in subsection (4), in the funeral establishment’s most
   28  recent application for issuance or renewal of its license or was
   29  included in the establishment’s report of change provided under
   30  paragraph (12)(c).
   31         Section 7. Paragraph (b) of subsection (2) of section
   32  497.385, Florida Statutes, is amended to read:
   33         497.385 Removal services; refrigeration facilities;
   34  centralized embalming facilities.—In order to ensure that the
   35  removal, refrigeration, and embalming of all dead human bodies
   36  is conducted in a manner that properly protects the public’s
   37  health and safety, the licensing authority shall adopt rules to
   38  provide for the licensure of removal services, refrigeration
   39  facilities, and centralized embalming facilities operated
   40  independently of funeral establishments, direct disposal
   41  establishments, and cinerator facilities.
   42         (2) CENTRALIZED EMBALMING FACILITIES.—In order to ensure
   43  that all funeral establishments have access to embalming
   44  facilities that comply with all applicable health and safety
   45  requirements, the licensing authority shall adopt rules to
   46  provide for the licensure and operation of centralized embalming
   47  facilities and shall require, at a minimum, the following:
   48         (b) Each licensed centralized embalming facility shall have
   49  at least one full-time embalmer in charge. The full-time
   50  embalmer in charge must have an active, valid embalmer license
   51  or combination license as a funeral director and embalmer and
   52  may not be the full-time embalmer in charge, full-time funeral
   53  director in charge, or full-time direct disposer in charge of
   54  any other establishment licensed under this chapter. A funeral
   55  director in charge, with appropriate, active licenses, may serve
   56  as a funeral director in charge for not more than a total of two
   57  of the following: funeral establishments, centralized embalming
   58  facilities, direct disposal establishments, or cinerator
   59  facilities, as long as the two locations are not more than 75
   60  miles apart as measured in a straight line.
   61         Section 8. Paragraph (b) of subsection (2) of section
   62  497.452, Florida Statutes, is amended, and paragraph (a) of that
   63  subsection is republished, to read:
   64         497.452 Preneed license required.—
   65         (2)(a) No person may receive any funds for payment on a
   66  preneed contract who does not hold a valid preneed license.
   67         (b) The provisions of Paragraph (a) does do not apply to a
   68  trust company operating pursuant to chapter 660, to a national
   69  or state bank holding trust powers, or to a federal or state
   70  savings and loan association having trust powers which company,
   71  bank, or association receives any money in trust pursuant to the
   72  sale of a preneed contract.
   73         Section 9. Subsection (8) of section 497.453, Florida
   74  Statutes, is amended to read:
   75         497.453 Application for preneed license, procedures and
   76  criteria; renewal; reports.—
   77         (8) ANNUAL TRUST REPORTS.—
   78         (a) On or before April 1 of each year, the preneed licensee
   79  shall file in the form prescribed by rule a full and true
   80  statement as to the activities of any trust established by it
   81  pursuant to this part for the preceding calendar year.
   82         (b)Any preneed licensee or group of preneed licensees
   83  under common control that in aggregate sold in this state 15,000
   84  or more preneed contracts in the preceding year shall
   85  additionally comply with this paragraph.
   86         1.As to each year, which is referred to in this paragraph
   87  as “Year 1,” in which any preneed licensee or group of preneed
   88  licensees under common control in aggregate sell in this state
   89  15,000 or more preneed contracts, the licensee or licensees
   90  shall, during the following year, which is referred to in this
   91  paragraph as “Year 2”:
   92         a.Prepare in regard to each such licensee a report of
   93  preneed operations in this state in Year 1, on a form prescribed
   94  by department rule;
   95         b.Cause and pay for the report to be audited by an
   96  independent certified public accounting firm concerning the
   97  accuracy and fairness of the presentation of the data provided
   98  in the report; and
   99         c.By December 31 of Year 2, provide the report to the
  100  division, along with a written and signed opinion of the
  101  certified public accounting firm concerning the accuracy and
  102  fairness of the presentation of the data reported in the report.
  103         2.The report required under subparagraph 1. shall be
  104  prepared and submitted using forms and procedures specified by
  105  department rule. The department may adopt rules specifying the
  106  format of, and procedures for, the report and the information to
  107  be included in the report.
  108         Section 10. Paragraph (c) of subsection (1) of section
  109  497.458, Florida Statutes, is amended to read:
  110         497.458 Disposition of proceeds received on contracts.—
  111         (1)
  112         (c) Such deposits shall be made within 30 days after the
  113  end of the calendar month in which payment is received, under
  114  the terms of a revocable trust instrument entered into with a
  115  trust company operating pursuant to chapter 660, with a national
  116  or state bank holding trust powers, or with a federal or state
  117  savings and loan association holding trust powers.
  118         Section 11. Subsection (7) is added to section 497.459,
  119  Florida Statutes, to read:
  120         497.459 Cancellation of, or default on, preneed contracts;
  121  required notice.—
  122         (7)NOTICE TO PURCHASER OR LEGALLY AUTHORIZED PERSON.—
  123         (a)To ensure the performance of unfulfilled preneed
  124  contracts, upon the occurrence of the earliest of any of the
  125  following events, a preneed licensee shall provide to the
  126  purchaser or to the beneficiary’s legally authorized person
  127  written notice of the preneed licensee’s intent to distribute
  128  funds in accordance with the terms of the preneed contract, if
  129  any obligation of the preneed licensee remains to be fulfilled
  130  under the contract:
  131         1.Fifty years after the date of execution of the preneed
  132  contract by the purchaser.
  133         2.The beneficiary of the preneed contract attains the age
  134  of 105 years of age or older.
  135         3.The social security number of the beneficiary of the
  136  preneed contract, as shown on the contract, is contained within
  137  the United States Social Security Administration Death Master
  138  File.
  139         (b)1.The notice in paragraph (a) must be provided by
  140  certified mail, registered mail, or permitted delivery service,
  141  return receipt requested, to the last known mailing address of
  142  the purchaser or the beneficiary’s legally authorized person,
  143  whichever is applicable, as provided to the preneed licensee. If
  144  the notice is returned as undeliverable within 30 calendar days
  145  after the preneed licensee sent the notice, the trustee shall
  146  perform a diligent search and inquiry to obtain a different
  147  address for the purchaser or the beneficiary’s legally
  148  authorized person, whichever is applicable. For purposes of this
  149  subparagraph, any address known and used by the purchaser or the
  150  beneficiary’s legally authorized person, whichever is
  151  applicable, for sending regular mailings or other communications
  152  from the purchaser or the beneficiary’s legally authorized
  153  person, whichever is applicable, to the preneed licensee or any
  154  address produced through a current address service or searchable
  155  database shall be included with other addresses produced from
  156  the diligent search and inquiry, if any. If the trustee’s
  157  diligent search and inquiry produces an address different from
  158  the notice address, the trustee shall mail a copy of the notice
  159  by certified mail, registered mail, or permitted delivery
  160  service, return receipt requested, to any and all addresses
  161  produced as a result of the diligent search and inquiry.
  162         2.If the purchaser or the beneficiary’s legally authorized
  163  person, whichever is applicable, fails to respond to such notice
  164  within 120 days after delivery of the last mailed notice under
  165  subparagraph 1., the funds held in trust must be distributed in
  166  accordance with the terms of the preneed contract, the trust
  167  agreement, and any applicable provisions of chapter 717.
  168         (c)This subsection does not affect a purchaser’s rights to
  169  cancel the preneed contract and receive a refund or a preneed
  170  licensee’s obligations to refund established by this chapter.
  171         (d)The licensing authority shall have authority to adopt
  172  rules for the review and approval of notice forms used by
  173  preneed licensees to provide notice under this subsection.
  174         Section 12. Subsection (2) of section 497.464, Florida
  175  Statutes, is amended to read:
  176         497.464 Alternative preneed contracts.—
  177         (2) The contract must require that a trust be established
  178  by the preneed licensee on behalf of, and for the use, benefit,
  179  and protection of, the purchaser and that the trustee must be a
  180  trust company operating pursuant to chapter 660, a national or
  181  state bank holding trust powers, or a federal or state savings
  182  and loan association holding trust powers.
  183         Section 13. Subsection (8) of section 497.604, Florida
  184  Statutes, is amended to read:
  185         497.604 Direct disposal establishments, license required;
  186  licensing procedures and criteria; license renewal; regulation;
  187  display of license.—
  188         (8) SUPERVISION OF FACILITIES.—
  189         (a) Effective October 1, 2010, Each direct disposal
  190  establishment shall have a one full-time licensed funeral
  191  director acting as the direct disposer in charge, subject to s.
  192  497.380(7). However, a licensed direct disposer may continue
  193  acting as the direct disposer in charge, if, as of September 30,
  194  2010:
  195         1. The direct disposal establishment and the licensed
  196  direct disposer both have active, valid licenses.
  197         2. The licensed direct disposer is currently acting as the
  198  direct disposer in charge of the direct disposal establishment.
  199         3. The name of the licensed direct disposer was included,
  200  as required in paragraph (2)(c), in the direct disposal
  201  establishment’s most recent application for issuance or renewal
  202  of its license or was included in the establishment’s notice of
  203  change provided under subsection (7).
  204         (b) The licensed funeral director in charge or licensed
  205  direct disposer in charge of a direct disposal establishment
  206  must be reasonably available to the public during normal
  207  business hours for the establishment and may be in charge of
  208  only one direct disposal establishment. The licensed funeral
  209  director in charge or licensed direct disposer in charge of the
  210  establishment is responsible for making sure the facility, its
  211  operations, and all persons employed in the facility comply with
  212  all applicable state and federal laws and rules. A funeral
  213  director in charge, with appropriate, active licenses, may serve
  214  as a funeral director in charge for not more than a total of two
  215  of the following: funeral establishments, centralized embalming
  216  facilities, direct disposal establishments, or cinerator
  217  facilities, as long as the two locations are not more than 75
  218  miles apart as measured in a straight line.
  219         Section 14. Subsection (8) of section 497.606, Florida
  220  Statutes, is amended to read:
  221         497.606 Cinerator facility, licensure required; licensing
  222  procedures and criteria; license renewal; regulation.—
  223         (8) SUPERVISION OF FACILITIES.—Each cinerator facility
  224  shall have a one full-time licensed direct disposer in charge or
  225  a licensed funeral director in charge for that facility. Such
  226  person may be in charge of only one facility. Such licensed
  227  funeral director in charge or licensed direct disposer in charge
  228  shall be responsible for making sure the facility, its
  229  operations, and all persons employed in the facility comply with
  230  all applicable state and federal laws and rules. A funeral
  231  director in charge, with appropriate, active licenses, may serve
  232  as a funeral director in charge for not more than a total of two
  233  of the following: funeral establishments, centralized embalming
  234  facilities, direct disposal establishments, or cinerator
  235  facilities, as long as the two locations are not more than 75
  236  miles apart as measured