HB 529 (2005) -  Funeral and Cemetery Industry Regulation

General Bill by Kreegel (CO-SPONSORS) Ambler; Baxley; Cannon; Hays; Homan; Legg
Funeral and Cemetery Industry Regulation: Authorizes the use of purple lights on certain funeral escort vehicles and funeral lead vehicles; clarifies eligibility for Board of Funeral, Cemetery, and Consumer Services membership; requires the Department of Financial Services to adopt rules regarding application for board membership; revises authority of the department to take emergency action; limits the authority of the Chief Financial Officer; revises the time period for board reaction to department revenue projections; provides for future termination of certain assessments; provides for delinquency fees to be charged and collected from certain licensees; provides a default delinquency fee; requires licensure applications to include tax identification numbers of applicants that are not natural persons; authorizes the licensing authority to require certain applicants to provide a photograph; clarifies when licenses may be issued to entities and to natural persons; clarifies the types of entities to which licenses may be issued; provides signature requirements; authorizes the licensing authority to adopt rules; restricts assignment or transfer of licenses; revises fingerprinting requirements; clarifies requirements as to disclosure of previous criminal records; revises which members of an entity applying for licensure are required to disclose their criminal records; provides for waiver of the fingerprint requirements in certain circumstances; provides for the cost for fingerprinting processing; prohibits preneed sales under a limited license; requires a challenger to pay the costs for failure to appear at a challenge hearing; revises provisions relating to the licensing authority's rules regulating prelicensure training and continuing education providers; revises terminology; revises applicability; specifies what is not deemed to be a complaint; revises disciplinary provisions; revises certain grounds for disciplinary action; specifies what is not deemed to be a complaint; authorizes the board to adopt rules provides criteria for identifying minor and nonwillful remittance deficiencies; provides for the use of consent orders in certain circumstances; revises fine amounts; revises provisions relating to criminal penalties for violations involving prelicensure examinations, willful obstruction, and trust funds and other specified violations; revises what constitutes improper discrimination; removes a provision allowing board members to serve as experts in investigations; specifies standing of licensees to challenge rules; stipulates that intentional or gross negligence renders owners, directors, and officers jointly and severally liable for certain trust fund deficiencies; specifies who may act as a preneed sales agent; provides responsibility of certain licensees; revises provisions for award of attorney's fees and costs in certain actions; provides requirements for the identification of human remains; revises what constitutes improper discrimination by cemeteries; revises the applicability of certain application procedures for licensure of cemetery companies; revises requirements relating to applicants seeking to acquire control of a licensed cemetery; revises requirements for licensure of burial rights brokers; requires the board to adopt rules prescribing application and renewal fees for inactive status, a delinquency fee, and a fee for reactivation of a license; provides a cap on such fees; provides a limitation on the department's ability to reactivate a license; revises grounds for issuance of licensure as an embalmer by examination or by endorsement; revises grounds for issuance of licensure as a funeral director by examination or by endorsement; revises authority to issue a combination license as a funeral director and embalmer; authorizes the licensing authority to establish certain rules; raises the cap on funeral director and embalmer license renewal fees; specifies requirements for funeral establishment licensure applicants; raises the cap on funeral establishment license renewal fees; provides requirements for reporting a change in location of the establishment; revises application requirements for licensure of a removal service or a refrigeration service; provides requirements for change in location of removal services and refrigeration services; deletes a provision exempting centralized embalming facilities from certain funeral establishment requirements; authorizes the licensing authority to adopt certain rules for centralized embalming facility operations; revises application requirements for licensure of a centralized embalming facility; provides for inspection of centralized embalming facilities; provides for change in ownership and change in location of centralized embalming facilities; revises net worth requirements for preneed licensure; specifies authority to accept certain alternative evidence of financial responsibility in lieu of net worth regarding preneed licensure applicants; provides preneed license renewal fees for monument establishments; revises grounds for issuance of a preneed branch license; raises the cap on branch license renewal fees; deletes a provision exempting sponsoring preneed licensees from responsibility for certain violations of branch licensees; revises use of the Preneed Funeral Contract Consumer Protection Trust Fund by the licensing authority; revises requirements to loan or invest trust funds; revises general provisions applicable to preneed sales agents; revises requirements and application procedures for preneed sales agent licensure; provides requirements for the issuance of a temporary preneed sales agent license; provides requirements for the conversion of temporary preneed sales agent licenses to permanent preneed sales agent licenses; provides requirements for applicants with a criminal or disciplinary record; provides for termination of a permanent preneed sales agent license due to lack of appointments; provides requirements for the appointment of preneed sales agents; provides for administrative matters regarding preneed sales agent licensure; provides for disclosure of certain information to the public; requires the licensing authority to establish rules relating to the manner in which certain written contracts are provided; creates two categories of monument establishment licensure and provides certain requirements for such categories; revises application procedures for licensure as a monument establishment; requires inspection of proposed monument establishment facilities; revises requirements for renewal of monument establishment licensure; revises facility requirements for monument establishments; requires the board to set an annual inspection fee for monument establishment licensees; provides a cap for such fee; provides requirements for change of ownership and location of monument establishments; revises application procedure and renewal requirements for monument establishment sales representatives; defers application of section; requires monument establishments to comply with rules establishing minimum standards for access to cemeteries; revises application procedures for direct disposer licensure; raises the cap on direct disposer license renewal fees; revises provisions relating to direct disposal establishment licensure and application for such licensure; revises provisions relating to the regulation of direct disposal establishments; revises provisions relating to cinerator facility licensure and application for such licensure; revises provisions relating to the regulation of cinerator facilities; provides that the anatomical board at the University of Florida Health Science Center is not prohibited from causing the final disposition of unclaimed human remains under certain circumstances; specifies applicability of rules; revises a policy coverage limit.
Effective Date: October 1, 2005.
Last Event: 06/08/05 Approved by Governor; Chapter No. 2005-155; See also HB 1469 (Ch. 2005-162) on Wednesday, June 8, 2005 12:00 AM

Referred Committees and Committee Actions

House Referrals

Related Bills

Bill # Subject Relationship
Bill #: HB 1469 Subject: Public Records and Meetings Exemptions Relationship: Linked
Bill #: CS/CS/CS/SB 2346 Subject: Funeral & Cemetery Industry Relationship: Similar
Bill #: CS/SB 2344 Subject: Funeral, Cemetery, & Consumer Svcs. Relationship: Compare

Bill Text

Staff Analysis

Chamber Committee
Chamber: House Committee: Commerce Council 4/25/2005 5:28:33 PM
Chamber: House Committee: State Administration Appropriations Committee 4/15/2005 1:21:04 PM
Chamber: House Committee: State Administration Appropriations Committee 4/15/2005 8:53:57 AM
Chamber: House Committee: Criminal Justice Committee 4/13/2005 8:19:58 AM
Chamber: House Committee: Criminal Justice Committee 4/4/2005 1:08:04 PM
Chamber: House Committee: Economic Development, Trade & Banking Committee 3/17/2005 4:39:05 PM
Chamber: House Committee: Economic Development, Trade & Banking Committee 3/15/2005 5:04:40 PM

Vote History

Chamber Date Yeas Nays Action Action 2 Vote Detail Barcode
Chamber: House Date: 04/28/2005 01:30 PM   Yeas: 118 Nays: 0 Action: Passage Action 2: Vote Detail: Vote [Seq# 289] Barcode:
Chamber: Senate Date: 05/02/2005 11:57 AM   Yeas: 38 Nays: 0 Action: Action 2: Vote Detail: Vote [Seq# 36] Barcode:

Bill History

Event Time Member Committee Ver.
Event: Approved by Governor; Chapter No. 2005-155; See also HB 1469 (Ch. 2005-162) Time: 06/08/2005 - 12:00 AM Member: Committee: Version: er
Event: Signed by Officers and presented to Governor Time: 05/25/2005 - 12:00 AM Member: Committee: Version: er
Event: H Ordered enrolled Time: 05/02/2005 - 12:57 PM Member: Committee: Version: e1
Event: H In Messages Time: 05/02/2005 - 12:57 PM Member: Committee: Version: e1
Event: S Passed; YEAS 38 NAYS 0 -SJ 00770 Time: 05/02/2005 - 12:00 AM Member: Committee: Version: er
Event: S Read third time -SJ 00769 Time: 05/02/2005 - 12:00 AM Member: Committee: Version: er
Event: S Read second time -SJ 00741 Time: 04/29/2005 - 12:00 AM Member: Committee: Version: er
Event: S Substituted for CS/CS/CS/SB 2346 -SJ 00741 Time: 04/29/2005 - 12:00 AM Member: Committee: Version: er
Event: S Withdrawn from Regulated Industries; Banking and Insurance; Criminal Justice; Justice Appropriations -SJ 00740 Time: 04/29/2005 - 12:00 AM Member: Committee: Version: er
Event: S Received, referred to Regulated Industries; Banking and Insurance; Criminal Justice; Justice Appropriations -SJ 00703 Time: 04/28/2005 - 6:15 PM Member: Committee: Version: er
Event: S In Messages Time: 04/28/2005 - 6:15 PM Member: Committee: Version: er
Event: H Message sent to senate Time: 04/28/2005 - 5:41 PM Member: Committee: Version: e1
Event: H Passage on third reading Time: 04/28/2005 - 1:30 PM Member: Committee: Version: c2
Event: H Passed as amended; YEAS 118, NAYS 0 Time: 04/28/2005 - 1:30 PM Member: Committee: Version: c2
Event: H Read 3rd time Time: 04/28/2005 - 1:29 PM Member: Committee: Version: c2
Event: H Read 2nd time Time: 04/28/2005 - 1:28 PM Member: Committee: Version: c2
Event: H Bill added to Special Order Calendar (4/28/2005) Time: 04/26/2005 - 10:33 PM Member: Committee: Version: c2
Event: H Added to Second Reading Calendar Time: 04/25/2005 - 10:58 PM Member: Committee: Version: c2
Event: H Bill released to House Calendar Time: 04/25/2005 - 10:58 PM Member: Committee: Version: c2
Event: H Pending review of CS under Rule 6.3 Time: 04/25/2005 - 5:34 PM Member: Committee: Version: c1
Event: H Reported out of Commerce Council Time: 04/25/2005 - 5:29 PM Member: Committee: Commerce Council Version: c1
Event: H Favorable with CS by Commerce Council(Amended) Time: 04/21/2005 - 12:00 PM Member: Committee: Commerce Council Version: c1
Event: H Added to Commerce Council agenda Time: 04/20/2005 - 6:44 PM Member: Committee: Commerce Council Version: c1
Event: H Added to Commerce Council agenda Time: 04/20/2005 - 6:44 PM Member: Committee: Commerce Council Version: c1
Event: H Added to Commerce Council agenda Time: 04/19/2005 - 4:13 PM Member: Committee: Commerce Council Version: c1
Event: H Now in Commerce Council Time: 04/15/2005 - 1:32 PM Member: Committee: Commerce Council Version: c1
Event: H Reported out of State Administration Appropriations Committee Time: 04/15/2005 - 1:32 PM Member: Committee: State Administration Appropriations Committee Version: c1
Event: H Favorable by State Administration Appropriations Committee Time: 04/15/2005 - 1:17 PM Member: Committee: State Administration Appropriations Committee Version: c1
Event: H Now in State Administration Appropriations Committee Time: 04/13/2005 - 5:36 PM Member: Committee: State Administration Appropriations Committee Version: c1
Event: H Remaining referral: Commerce Council Time: 04/13/2005 - 5:36 PM Member: Committee: Commerce Council Version: c1
Event: H Remaining referral: State Administration Appropriations Committee Time: 04/13/2005 - 5:36 PM Member: Committee: State Administration Appropriations Committee Version: c1
Event: H Added to State Administration Appropriations Committee agenda Time: 04/13/2005 - 4:26 PM Member: Committee: State Administration Appropriations Committee Version: c1
Event: H Pending review of CS under Rule 6.3 Time: 04/13/2005 - 8:44 AM Member: Committee: Version: __
Event: H Reported out of Criminal Justice Committee Time: 04/13/2005 - 8:20 AM Member: Committee: Criminal Justice Committee Version: __
Event: H Favorable with CS by Criminal Justice Committee Time: 04/06/2005 - 11:15 AM Member: Committee: Criminal Justice Committee Version: __
Event: H Added to Criminal Justice Committee agenda Time: 04/04/2005 - 12:29 PM Member: Committee: Criminal Justice Committee Version: __
Event: H Now in Criminal Justice Committee Time: 03/17/2005 - 5:13 PM Member: Committee: Criminal Justice Committee Version: __
Event: H Reported out of Economic Development, Trade & Banking Committee Time: 03/17/2005 - 5:13 PM Member: Committee: Economic Development, Trade & Banking Committee Version: __
Event: H Favorable by Economic Development, Trade & Banking Committee Time: 03/17/2005 - 3:47 PM Member: Committee: Economic Development, Trade & Banking Committee Version: __
Event: H Added to Economic Development, Trade & Banking Committee agenda Time: 03/15/2005 - 11:13 AM Member: Committee: Economic Development, Trade & Banking Committee Version: __
Event: H 1st Reading Time: 03/08/2005 - 10:57 PM Member: Committee: Version: __
Event: H Now in Economic Development, Trade & Banking Committee Time: 02/07/2005 - 10:35 AM Member: Committee: Economic Development, Trade & Banking Committee Version:
Event: H Bill referred to committee Time: 02/07/2005 - 10:35 AM Member: Committee: Commerce Council Version:
Event: H Bill referred to committee Time: 02/07/2005 - 10:35 AM Member: Committee: State Administration Appropriations Committee Version:
Event: H Bill referred to committee Time: 02/07/2005 - 10:35 AM Member: Committee: Criminal Justice Committee Version:
Event: H Bill referred to committee Time: 02/07/2005 - 10:35 AM Member: Committee: Economic Development, Trade & Banking Committee Version:
Event: H Filed Time: 01/25/2005 - 9:00 AM Member: Kreegel Committee: Version:

Statutes Referenced by this Bill

Statute Other Bill Citations
316.1974
497.005
497.101
497.103 HB 1213
497.140 HB 1213
497.141
497.142
497.143
497.144
497.147
497.149
497.151
497.152 HB 1213
497.153 HB 1213
497.158
497.159
497.161
497.165
497.166 HB 1213
497.169
497.171
497.260 HB 1213
497.263
497.264
497.275
497.281
497.365
497.368
497.369 HB 1213
497.373
497.374
497.376
497.378
497.380
497.385
497.388
497.453 HB 1213
497.456
497.458 HB 1213
497.466 HB 1213
497.468
497.550 HB 1213
497.551 HB 1213
497.552
497.553
497.554
497.555
497.556
497.602
497.603 HB 1213
497.604 HB 1213
497.606
497.607
626.785