The Florida Senate

470.0301  Removal services; refrigeration facilities; centralized embalming facilities.--In order to ensure that the removal, refrigeration, and embalming of all dead human bodies is conducted in a manner that properly protects the public's health and safety, the board shall adopt rules to provide for the registration of removal services, refrigeration facilities, and centralized embalming facilities operated independently of funeral establishments, direct disposal establishments, and cinerator facilities.

(1)  REMOVAL SERVICES AND REFRIGERATION SERVICES.--

(a)  Application for registration of a removal service or a refrigeration service shall be made on forms furnished by the department, shall be accompanied by a nonrefundable fee not to exceed $300 as set by board rule, and shall include the name of the business owner, manager in charge, business address, and copies of occupational and other local permits.

(b)  The board shall set by rule requirements for registration of removal services and refrigeration services.

(c)  Registration shall be renewed biennially pursuant to procedures and upon payment of a nonrefundable fee not to exceed $300 as set by board rule. The board may also establish by rule a renewal penalty fee not to exceed $50. Any registration not renewed within 30 days after its renewal date shall expire without further action by the department.

(d)  Each business located at a specific address shall be deemed to be a separate entity and shall require separate registration and compliance with the requirements of this chapter.

(e)  Every registrant under this section shall at all times be subject to the inspection of all its buildings, grounds, and vehicles used in the conduct of its business, by the department or any of its designated representatives or agents, or local or Department of Health inspectors. The board shall by rule establish requirements for inspection of removal services and refrigeration services.

(f)  The board shall set by rule an annual inspection fee not to exceed $100, payable upon application for registration and upon each renewal of such registration.

(g)  A change in ownership shall be promptly reported to the department and may require the relicensure of the registrant, including reinspection and payment of applicable fees.

(h)  The board may deny, suspend, or revoke the registration if any person identified in the application has ever been disciplined by a regulatory agency in any jurisdiction for any offense that would constitute a violation of this chapter. The board may deny, suspend, or revoke the registration if any person identified in the application has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction that directly relates to the ability to operate a removal service or refrigeration service.

(i)  Each business must display at the public entrance the name of the establishment and the name of the full-time manager in charge. Each registrant must transact its business under the name by which it is registered with the department.

(j)  No person may conduct, maintain, manage, or operate a removal service or refrigeration service unless registration for such service has been issued by the department.

(k)  Such removal services and refrigeration services may not enter into removal or refrigeration contracts with the general public.

(2)  CENTRALIZED EMBALMING FACILITIES.--In order to ensure that all funeral establishments have access to embalming facilities that comply with all applicable health and safety requirements, the board shall adopt rules to provide for the registration and operation of centralized embalming facilities and shall require, at a minimum, the following:

(a)  All centralized embalming facilities shall contain all of the equipment and meet all of the requirements that a preparation room located in a funeral establishment is required to meet, but such facilities shall not be required to comply with any of the other requirements for funeral establishments, as set forth in s. 470.024

(b)  Each licensed centralized embalming facility shall have at least one full-time embalmer in charge. The full-time embalmer in charge must have an active license and may not be the full-time embalmer in charge, full-time funeral director in charge, or full-time direct disposer in charge of any other establishment licensed under this chapter.

(c)  Any person, regardless of whether such person is otherwise regulated by this chapter, may own such a facility, provided that such facility is operated in accordance with the rules established by the board.

(d)  A centralized embalming facility may only provide services to funeral establishments.

(e)  The practice of embalming done at a centralized embalming facility shall only be practiced by an embalmer licensed under this chapter and shall be provided only to licensed funeral establishments.

(f)  Application for registration of a centralized embalming facility shall be made on forms furnished by the department and shall be accompanied by a nonrefundable fee not to exceed $300 as set by board rule, and registration shall be renewed biennially pursuant to procedures and upon payment of a nonrefundable fee not to exceed $300 as set by board rule. The board may also establish by rule a late fee not to exceed $50. Any registration not renewed within 30 days after the renewal date shall expire without further action by the department.

(g)  The board shall set by rule an annual inspection fee not to exceed $100, payable upon application for registration and upon renewal of such registration.

(h)  The board shall, by rule, establish operating procedures which shall require, at a minimum, that centralized embalming facilities maintain a system of identification of human remains received for embalming.

History.--s. 21, ch. 93-399; s. 76, ch. 94-119; s. 7, ch. 96-355; s. 9, ch. 98-298; s. 231, ch. 99-8; s. 30, ch. 2000-356.