HB 495 CS (2003) -  Funeral Directing, Embalming, Direct Disposition, and Cemetery Services

by Brown (CO-SPONSORS) Anderson; Baxley; Cretul; Cusack; Davis, M.; Dean; Fiorentino; Gibson, H.; Harrell; Holloway; Jennings; Kendrick; Kilmer; Machek; McInvale; Needelman; Patterson; Pickens; Planas; Rivera; Robaina; Roberson, Y.; Sansom; Spratt; Stansel; Troutman; Zapata
Establishes the Division of Funeral, Cemetery, and Consumer Services and the Board of Funeral, Cemetery, and Consumer Services within the Department of Financial Services; abolishes the Board of Funeral Directors and Embalmers within the Department of Business and Professional Regulation; provides for the appointment of board members; provides terms of office; provides immunity from liability for members acting in an official capacity; specifies the headquarters for the board; provides for compensation and reimbursement for per diem expenses; provides for the authority of the board; provides duties of the Division of Funeral, Cemetery, and Consumer Services; provides powers of enforcement; establishes the office of the director of the division; provides duties to the Chief Financial Officer under chs. 470 and 497, F.S.; provides for type two transfer of the Board of Funeral Directors and Embalmers to the Department of Financial Services; provides for validity of judicial and administrative actions; provides for validity of licenses; provides for continuity of rules; abolishes the Board of Funeral and Cemetery Services and the Board of Funeral Directors and Embalmers; provides for deposit of fees; provides for conforming of statutes; extends the embalmer apprentice period; increases continuing education requirements; provides additional requirements to be a direct disposal establishment; provides inspection requirements and criteria; revises requirements to be a funeral establishment; revises cremation requirements for cinerator facilities relating to simultaneous cremations, body parts, cremation containers, and the cremation chamber; provides exemption from liability for unintentional or incidental commingling of remains under certain conditions; provides for cremation of parts of human bodies incidental to final disposition; provides for control and supervision of preneed agents; extends the filing time for reports of bodies embalmed or handled; prohibits any guarantee on the future price of any goods or services; revises requirements for identification of human remains prior to final disposition; provides requirements for identification of human remains in licensed and unlicensed cemeteries and by direct disposal establishments; requires that a cemetery company comply with its adopted bylaws; provides dimension and spacing standards for grave spaces; requires a map of reference markers and a land survey for areas proposed to be developed by a licensed cemetery company; exempts adult grave spaces previously established; provides requirements for identification of human remains in licensed cemeteries; provides for procedures established by other entities operating a cemetery; provides for disclosure of certain information to customers; provides for approval of contracts; provides for regulation of monument establishments by the Department of Financial Services; provides for inspections; provides for rules; provides that the department may not unreasonably restrict commerce; provides for specifications for business locations; provides for licensure of monument establishments to sell preneed contracts; provides for registration of monument sales representatives; provides for approval of preneed contracts by the board; provides financial requirements for monument establishments; provides requirements for minimum net worth; provides for submission of financial statements; provides for minimum sales volume with respect to preneed contracts; provides for guarantee agreements; provides for additional oversight in lieu of financial requirements; prohibits any person from advertising for sale or making any arrangement for a preneed contract without having a valid certificate of authority; expands the exemption from the required certificate of authority for certain religious-institution-owned cemeteries to include the sale and opening or closing of cremation interment containers to members and family members of the religious institution; requires preneed contracts to include in the refund notice the exclusion for amounts allocable to burial rights, merchandise, and services used by the purchaser; provides condition for breach of contract by certificateholder and for rights of purchaser; authorizes the board to review the trust funds, trust agreements, and outstanding preneed contracts of, and perform other procedures at its discretion with respect to, a certificateholder filing notice to become inactive.
Effective Date: Except as otherwise provided herein, this act shall take effect July 1, 2003
Last Event: Companion Bill passed, refer to CS/SB 2016 on Friday, May 2, 2003 4:03 PM; HB Laid on Table

Referred Committees and Committee Actions

House Referrals

Related Bills

Staff Analysis

Chamber Committee
Chamber: House Committee: State Administration 4/27/2003 12:57:24 PM

Vote History

(No Votes Recorded)

Bill History

Event Time Member Committee Ver.
Event: H Laid on Table, refer to CS/SB 2016 Time: 05/02/2003 - 4:03 PM Member: Committee: Version:
Event: H Substituted CS/SB 2016 Time: 05/02/2003 - 4:03 PM Member: Committee: Version:
Event: H Bill added to Second Reading Calendar Time: 05/01/2003 - 5:18 AM Member: Committee: Version:
Event: H Bill released to House Calendar Time: 05/01/2003 - 5:18 AM Member: Committee: Version:
Event: H Bill added to Special Order Calendar (05/02/2003) Time: 05/01/2003 - 5:17 AM Member: Committee: Version:
Event: H Recommendation: CS by State Administration ; Pending Review of CS under Rule 6.3 Time: 04/28/2003 - 3:18 PM Member: Committee: State Administration Version:
Event: H Bill passed referred committee Time: 04/28/2003 - 3:18 PM Member: Committee: State Administration Version:
Event: H Bill reported out of committee meeting Time: 04/28/2003 - 3:18 PM Member: Committee: State Administration Version:
Event: H 1st Reading Time: 03/04/2003 - 10:30 AM Member: Committee: Version:
Event: H Bill referred to State Administration Time: 02/26/2003 - 2:32 PM Member: Committee: State Administration Version:
Event: H File timely Time: 02/21/2003 - 1:20 PM Member: Brown Committee: Version: