The Florida Senate

470.019  Disciplinary actions against direct disposers and direct disposal establishments.--

(1)  When the board finds any person guilty of any of the grounds set forth in subsection (2), it may enter an order imposing one or more of the following penalties:

(a)  Deny an application for registration as a direct disposer or direct disposal establishment.

(b)  Permanently revoke the registration of a direct disposer or direct disposal establishment.

(c)  Suspend the registration of a direct disposer or direct disposal establishment.

(d)  Impose an administrative fine, not to exceed $5,000, for each count or separate offense.

(e)  Issue a public reprimand.

(f)  Place the registrant on probation, subject to such conditions as the department may specify, including requiring the registrant to attend continuing education courses or work under the supervision of another registrant.

(g)  Assess the costs associated with investigation and prosecution.

(2)  The following shall be sufficient grounds for the penalties imposed under subsection (1):

(a)  Procuring or attempting to procure a registration by bribery, by fraudulent misrepresentations, or through an error of the department or board.

(b)  Having been convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction that directly relates to the practice of direct disposition or the ability to practice direct disposition.

(c)  Having been disciplined by a regulatory agency in any jurisdiction for any offense that would constitute a violation of this chapter, chapter 245, chapter 382, chapter 406, chapter 497, or chapter 872 or that directly relates to the practice of direct disposition.

(d)  Misrepresentation or fraud in the conduct of the business of a direct disposer or direct disposal establishment.

(e)  Making any false or misleading statement, oral or written, directly or indirectly, regarding any law or rule pertaining to the preparation for disposition, transportation for disposition, or disposition of dead human bodies.

(f)  Paying to or receiving from any organization, agency, or person, either directly or indirectly, any commission, bonus, kickback, or rebate in any form whatsoever for direct disposing business, by the registrant or her or his agent, assistant, or employee; however, this provision shall not prohibit the payment of commissions by a direct disposer to her or his agents registered pursuant to s. 497.439 or to registrants under this section.

(g)  Aiding or abetting an unregistered person to engage in the disposition of dead human bodies or remains as provided under this chapter or to engage in conduct or activities for which a license to engage in the profession of funeral directing or embalming is required.

(h)  Violation of any state law or rule or any municipal or county ordinance or regulation affecting the handling, custody, care, or transportation of dead human bodies.

(i)  Refusing to surrender promptly the custody of a dead human body upon the expressed order of the person legally authorized to its custody; however, this provision shall be subject to any state or local laws or rules governing custody or transportation of dead human bodies.

(j)  Taking possession of a dead human body without first having obtained written or oral permission from a legally authorized person. If oral permission is granted, the registrant must obtain written permission within a reasonable time as established by board rule.

(k)  Requiring that a casket be purchased for cremation or claiming directly or by implication that a casket is required for cremation.

(l)  Advertising goods and services in a manner which is fraudulent, deceptive, or misleading in form or content.

(m)  Violating a statute or administrative rule regulating practice under this chapter or a lawful disciplinary order of the board or the department.

(n)  Practicing with a revoked, suspended, inactive, or delinquent registration.

(o)  Soliciting by the registrant, or by her or his agent, assistant, or employee, through the use of fraud, undue influence, intimidation, overreaching, or other form of vexatious conduct.

(p)  Fraud or deceit in the practice of direct disposition.

(q)  Making or filing a report or record which the registrant knows to be false, intentionally or negligently failing to file a report or record required by state, local, or federal law, willfully impeding or obstructing such filing, or inducing another person to impede or obstruct such filing. Such reports or records shall include only those which are signed in the capacity of a registered direct disposer.

(r)  Engaging in the practice of direct burial or offering at-need or preneed service of direct burial.

(3)  The department shall reissue the suspended registration of a disciplined registrant upon certification by the board or its agent that the disciplined registrant has complied with all of the terms and conditions set forth in the final order; however, revocation of a registration is permanent.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 18, ch. 83-316; s. 1, ch. 87-228; s. 1, ch. 89-8; ss. 18, 122, ch. 93-399; s. 69, ch. 94-119; s. 318, ch. 97-103.