The Florida Senate

470.036  Disciplinary proceedings.--

(1)  The following acts constitute grounds for which the disciplinary actions in subsection (2) may be taken:

(a)  Violation of any provision of s. 455.227(1) or s. 470.031

(b)  Attempting to procure, or procuring, a license or registration pursuant to this chapter by bribery or by fraudulent misrepresentations.

(c)  Having a license or registration to practice any of the activities regulated under this chapter revoked, suspended, or otherwise acted against, including the denial of licensure or registration, by the licensing or registering authority of another jurisdiction.

(d)  Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of, or the ability to practice, any of the activities regulated under this chapter.

(e)  Making or filing a report or record which the licensee 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 licensee or registrant under this chapter.

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

(g)  Committing fraud, deceit, negligence, incompetency, or misconduct, in the practice of any of the activities regulated under this chapter.

(h)  A violation or repeated violation of this chapter or of chapter 455 and any rules promulgated pursuant thereto.

(i)  Violation of a lawful order of the board or department previously entered in a disciplinary hearing or failure to comply with a lawfully issued subpoena of the board or department.

(j)  Practicing with a revoked, suspended, inactive, or delinquent license.

(k)  Misrepresentation or fraud in the conduct of the business of or profession of the licensee.

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

(m)  Making any false or misleading statement, oral or written, directly or indirectly, regarding the sale of services or merchandise in connection with any of the activities regulated under this chapter.

(n)  Aiding or abetting an unlicensed person to practice any licensed activity.

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

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

(q)  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 any of the activities regulated under this chapter, by the licensee or registrant, or her or his agent, assistant, or employee; however, this provision shall not prohibit the payment of commissions by a funeral director, funeral establishment, or cinerator facility to its preneed agents registered pursuant to chapter 497 or to licensees under this chapter.

(r)  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 licensee must obtain written permission within a reasonable time as established by board rule.

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

(t)  Embalming a deceased human body without first having obtained written or oral permission from a legally authorized person; however, washing and other public health procedures, such as closing of the orifices by placing cotton soaked in a disinfectant in such orifices until authorization to embalm is received, shall not be precluded. If oral permission is granted, the licensee must obtain written permission within a reasonable time as established by board rule.

(u)  Misrepresenting the amount advanced on behalf of a customer for any item of service or merchandise, including, but not limited to, cemetery or crematory services, pallbearers, public transportation, clergy honoraria, flowers, musicians or singers, nurses, obituary notices, gratuities, and death certificates, described as cash advances, accommodations, or words of similar import on the contract, final bill, or other written evidence of agreement or obligation furnished to customers; however, nothing herein shall require disclosure of a discount or rebate which may accrue to a licensee subsequent to making a cash advance.

(v)  Making any false or misleading statement or claim that natural decomposition or decay of human remains can be prevented or substantially delayed by embalming, use of a sealed or unsealed casket, or use of a sealed or unsealed outer burial container.

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

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

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

(a)  Denial of an application for licensure or registration.

(b)  Permanent revocation or suspension of a license or registration.

(c)  Imposition of an administrative fine not to exceed $5,000 for each count or separate offense.

(d)  Issuance of a reprimand.

(e)  Placement of the licensee or registrant on probation for a period of time and subject to such conditions as the board may specify, including requiring the licensee or registrant to attend continuing education courses or to work under the supervision of another licensee.

(f)  Restriction of the authorized scope of practice.

(g)  Assessment of costs associated with investigation and prosecution.

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

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 19, ch. 83-316; s. 2, ch. 87-228; s. 1, ch. 89-8; s. 28, ch. 89-374; ss. 31, 122, ch. 93-399; s. 78, ch. 94-119; s. 328, ch. 97-103; s. 108, ch. 98-166; s. 12, ch. 98-298; s. 169, ch. 2000-160; s. 58, ch. 2003-1.