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CHAPTER 470
FUNERAL DIRECTING, EMBALMING, AND DIRECT DISPOSITION

470.001 Legislative findings and intent.

470.002 Definitions.

470.003 Board of Funeral Directors and Embalmers; membership; appointment; terms.

470.005 Rulemaking authority of board and department.

470.006 Licensure as an embalmer by examination; provisional license.

470.007 Licensure as an embalmer by endorsement; registration of a temporary embalmer.

470.008 Registration of an embalmer intern.

470.0085 Establishment of embalmer apprentice program.

470.0087 Practice of funeral directing.

470.009 Licensure as a funeral director by examination; provisional license.

470.011 Licensure as a funeral director by endorsement; registration of a temporary funeral director.

470.012 Registration of a funeral director intern.

470.013 License as funeral director and embalmer permitted; display of license.

470.014 Concurrent internships.

470.015 Renewal of funeral director and embalmer licenses.

470.016 Inactive status.

470.0165 Direct disposition; duties.

470.017 Registration as a direct disposer.

470.018 Renewal of registration of direct disposer.

470.019 Disciplinary actions against direct disposers and direct disposal establishments.

470.0201 Health and safety education.

470.021 Direct disposal establishment; standards and location; registration.

470.022 Direct disposition not funeral directing.

470.023 Practice of direct disposition without registration.

470.024 Funeral establishment; licensure.

470.025 Cinerator facility; licensure.

470.0255 Cremation; procedure required.

470.026 Solicitation of goods or services.

470.027 Exemption of certificateholder under chapter 497.

470.028 Preneed sales; registration of agents.

470.029 Reports of cases embalmed and bodies handled.

470.0294 Additional rights of legally authorized persons.

470.0295 Disinterment; transportation; authorization and notification.

470.0301 Removal services; refrigeration facilities; centralized embalming facilities.

470.031 Prohibitions; penalties.

470.0315 Storage, preservation, and transportation of human remains.

470.032 Unlawful to remove or embalm body without consent of proper official when crime is suspected.

470.033 Sale of funeral merchandise.

470.034 Disclosure of information to public.

470.035 Itemized price lists.

470.0355 Identification of human remains.

470.036 Disciplinary proceedings.

470.0375 Cash advance accounts; escrow refund accounts.

470.038 Reciprocity.

470.039 Exceptions.

470.0395 Saving clauses.

470.001 Legislative findings and intent.--

(1) The Legislature finds that the practice of embalming, funeral directing, and final disposition by unskilled and incompetent practitioners presents a danger to the public health and safety. The Legislature finds further that it is difficult for the public to make an informed choice about embalmers and funeral directors and that the consequences of a wrong choice could endanger the public health and welfare. The only way to protect the public from the incompetent practice of embalming, funeral directing, and final disposition is through the establishment of minimum qualifications for entry into such professions and through swift and effective discipline for those practitioners who violate the law.

(2) The Legislature further finds that the unregistered practice of direct disposition presents a danger to the public welfare and, therefore, deems it necessary to provide for the registration of all direct disposers, to provide against improper conduct by practitioners of direct disposition, and to establish swift and effective discipline for those practitioners who violate the law.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; ss. 1, 122, ch. 93-399.

470.002 Definitions.--As used in this chapter:

(1) "Department" means the Department of Business and Professional Regulation.

(2) "Board" means the Board of Funeral Directors and Embalmers.

(3) "Funeral director" means any person licensed under this chapter to practice funeral directing in this state.

(4) "Practice of funeral directing" means the performance by a licensed funeral director of any of those functions authorized by s. 470.0087.

(5) "Embalmer" means any person licensed under this chapter to practice embalming in this state.

(6) "Practice of embalming" means disinfecting or preserving or attempting to disinfect or preserve dead human bodies by replacing certain body fluids with preserving and disinfecting chemicals.

(7) "Funeral establishment" means a facility licensed under this chapter where a funeral director or embalmer practices funeral directing or embalming.

(8) "Direct disposal establishment" means a facility registered under this chapter where a direct disposer practices direct disposition.

(9) "Direct disposer" means any person registered under this chapter to practice direct disposition in this state.

(10) "Practice of direct disposition" means the cremation of human remains without preparation of the human remains by embalming and without any attendant services or rites such as funeral or graveside services or the making of arrangements for such final disposition.

(11) "Final disposition" means the final disposal of a dead human body by earth interment, aboveground interment, cremation, burial at sea, or delivery to a medical institution for lawful dissection if the medical institution assumes responsibility for disposal. "Final disposition" does not include the disposal or distribution of ashes and residue of cremated human remains.

(12) "Funeral merchandise" or "merchandise" means any merchandise commonly sold in connection with the funeral, final disposition, or memorialization of human remains, including, but not limited to, caskets, outer burial containers, alternative containers, cremation containers, urns, monuments, private mausoleums, flowers, shrubs, benches, vases, acknowledgment cards, register books, memory folders, prayer cards, and clothing.

(13) "Funeral" or "funeral service" means the observances, services, or ceremonies held to commemorate the life of a specific deceased human being, and at which the human remains are present.

(14) "Cinerator" means a facility where dead human bodies are reduced to a residue, including bone fragments, by direct flame, also known as "cremation," or by intense heat, also known as "calcination."

(15) "Alternative container" means a nonmetal receptacle or enclosure which is less expensive than a casket and of sufficient strength to be used to hold and transport a dead human body.

(16) "Casket" means a rigid container which is designed for the encasement of human remains for burial and which is usually constructed of wood or metal, ornamented, and lined with fabric.

(17) "Solicitation" means any communication which directly or implicitly requests an immediate oral response from the recipient.

(18) "Legally authorized person" means, in the priority listed, the decedent, when written inter vivos authorizations and directions are provided by the decedent, the surviving spouse, son or daughter who is 18 years of age or older, parent, brother or sister 18 years of age or over, grandchild who is 18 years of age or older, or grandparent; or any person in the next degree of kinship. In addition, the term may include, if no family exists or is available, the following: the guardian of the dead person at the time of death; the personal representative of the deceased; the attorney in fact of the dead person at the time of death; the health surrogate of the dead person at the time of death; a public health officer; the medical examiner, county commission or administrator acting under chapter 245, or other public administrator; a representative of a nursing home or other health care institution in charge of final disposition; or a friend or other person not listed in this subsection who is willing to assume the responsibility as authorized person.

(19) "Outer burial container" means an enclosure into which a casket is placed, including, but not limited to, a vault made of concrete, steel, fiberglass, or copper, a sectional concrete enclosure, a crypt, or a wooden enclosure.

(20) "Personal residence" means any residential building in which one temporarily or permanently maintains his or her abode, including, but not limited to, an apartment or a hotel, motel, nursing home, convalescent home, home for the aged, or a public or private institution.

(21) "Preneed sales agent" means any person who is registered under chapter 497 to sell preneed burial or funeral service and merchandise contracts or direct disposition contracts in this state.

(22) "At-need solicitation" means any uninvited contact by a funeral director or direct disposer for the purpose of the sale of funeral services or merchandise to the family or next of kin of a person after that person has died.

(23) "Human remains" or "remains," "dead human body" or "dead human bodies," means the body of a deceased human person for which a death certificate or fetal death certificate is required under chapter 382 and includes the body in any stage of decomposition and the residue of cremated human bodies.

(24) "Cremation" includes any mechanical or thermal process whereby a dead human body is reduced to ashes and bone fragments. Cremation also includes any other mechanical or thermal process whereby human remains are pulverized, burned, recremated, or otherwise further reduced in size or quantity.

(25) "Refrigeration facility" means a facility that is not physically connected with a funeral establishment, crematory or direct disposal establishment, that maintains space and equipment for the storage and refrigeration of dead human bodies, and that offers its service to funeral directors and funeral establishments for a fee.

(26) "Removal service" means any service that operates independently of a funeral establishment, that handles the initial removal of dead human bodies, and that offers its service to funeral establishments and direct disposal establishments for a fee.

(27) "Centralized embalming facility" means a facility, not physically connected with a funeral establishment, in which embalming takes place.

(28) "Disinterment" means removal of a dead human body from earth interment or aboveground interment.

History.--ss. 1, 5, ch. 79-231; s. 336, ch. 81-259; ss. 2, 3, ch. 81-318; ss. 11, 43, ch. 82-179; s. 17, ch. 83-316; s. 1, ch. 85-16; s. 1, ch. 89-8; s. 133, ch. 92-149; ss. 2, 122, ch. 93-399; s. 59, ch. 94-119; s. 1, ch. 96-355; s. 1, ch. 98-298.

470.003 Board of Funeral Directors and Embalmers; membership; appointment; terms.--

(1) The Board of Funeral Directors and Embalmers is created within the Department of Business and Professional Regulation and shall consist of seven members appointed by the Governor and confirmed by the Senate.

(2) Five members of the board must be funeral directors licensed under this chapter, no more than two of whom may be associated with a cemetery company through ownership interests or through employment with a company which has an ownership interest in a cemetery. The remaining two members must be residents of the state who have never been licensed as funeral directors or embalmers and who are in no way connected with a cemetery, the death care industry, or the practice of embalming, funeral directing, or direct disposition. At least one consumer member of the board must be 60 years of age or older. No licensee on the board may be associated by employment or ownership with a funeral establishment or cemetery which is owned partly or wholly by a person, business, corporation, or other entity which is associated with another licensee on the board.

(3) The Governor shall appoint members for terms of 4 years, and such members shall serve until their successors are appointed.

(4) All provisions of part I of chapter 455 and s. 20.165 relating to activities of regulatory boards shall apply.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 20, ch. 87-172; s. 1, ch. 89-8; ss. 3, 122, ch. 93-399; s. 107, ch. 98-166.

470.005 Rulemaking authority of board and department.--

(1) The board has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter conferring duties upon it. The department has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter conferring duties upon it.

(2) The board may adopt rules not inconsistent with law to define and regulate hazardous materials generated in connection with the practice of embalming, funeral directing, or direct disposition.

(3) The board shall adopt rules which establish requirements for inspection of direct disposal establishments, funeral establishments, and cinerator facilities. Such rules shall include, but not be limited to, requirements to inspect for compliance with federal and state laws relating to the receiving, handling, storage, and disposal of biohazardous and hazardous waste.

(4) The board may prescribe by rule a fee of up to $25 for a duplicate license, registration, or certificate of authority and for a name change on a license, registration, or certificate of authority.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; s. 134, ch. 92-149; ss. 4, 122, ch. 93-399; s. 141, ch. 98-200.

470.006 Licensure as an embalmer by examination; provisional license.--

(1) Any person desiring to be licensed as an embalmer shall apply to the department to take the licensure examination. The department shall examine each applicant who has remitted an examination fee set by the board not to exceed $200 plus the actual per applicant cost to the department for portions of the examination and who the board certifies has:

(a) Completed the application form and remitted a nonrefundable application fee set by the board not to exceed $50.

(b) Submitted proof satisfactory to the board that the applicant is at least 18 years of age and is a recipient of a high school degree or equivalent.

(c) Had no conviction or finding of guilt, regardless of adjudication, for a crime which directly relates to the ability to practice embalming or the practice of embalming.

(d) Completed a course in mortuary science approved by the board, which course embraces, at least, the following subjects: theory and practice of embalming, restorative art, pathology, anatomy, microbiology, chemistry, hygiene, and public health and sanitation.

(e) Submitted proof of completion of a board-approved course on communicable diseases.

(2) The department shall license the applicant as an embalmer if the applicant:

(a) Passes an examination on the subjects of the theory and practice of embalming, restorative art, pathology, anatomy, microbiology, chemistry, hygiene, public health and sanitation, and local, state, and federal laws and rules relating to the disposition of dead human bodies; however, the board by rule may adopt the use of a national examination, such as the embalming examination prepared by the Conference of Funeral Service Examining Boards, in lieu of part of this examination requirement; and

(b) Completes a 1-year internship under a licensed embalmer.

(3) Any applicant who has completed the required 1-year internship and has been approved for examination as an embalmer may qualify for a provisional license to work in a licensed funeral establishment, under the direct supervision of a licensed embalmer for a limited period of 6 months as provided by rule of the board. The fee for provisional licensure shall be set by the board, but may not exceed $125, and shall be nonrefundable and in addition to the fee required in subsection (1). This provisional license may be renewed no more than one time.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 19, ch. 88-205; s. 1, ch. 89-8; s. 44, ch. 89-162; s. 17, ch. 91-137; ss. 5, 122, ch. 93-399; s. 60, ch. 94-119; s. 314, ch. 97-103; s. 2, ch. 98-298.

470.007 Licensure as an embalmer by endorsement; registration of a temporary embalmer.--

(1) The department shall issue a license by endorsement to practice embalming to an applicant who has remitted an examination fee set by the board not to exceed $200 and who the board certifies:

(a) Has completed the application form and remitted a nonrefundable application fee set by the board not to exceed $50.

(b)1. Holds a valid license to practice embalming in another state of the United States, provided that, when the applicant secured his or her original license, the requirements for licensure were substantially equivalent to or more stringent than those existing in this state; or

2. Meets the qualifications for licensure in s. 470.006, except that the internship requirement shall be deemed to have been satisfied by 1 year's practice as a licensed embalmer in another state, and has, within 10 years prior to the date of application, successfully completed a state, regional, or national examination in mortuary science, which, as determined by rule of the board, is substantially equivalent to or more stringent than the examination given by the department.

(2) State, regional, or national examinations and requirements for licensure in another state shall be presumed to be substantially equivalent to or more stringent than the examination and requirements in this state unless found otherwise by rule of the board.

(3) The department shall not issue a license by endorsement or a temporary registration to any applicant who is under investigation or prosecution in any jurisdiction for an act which would constitute a violation of this chapter until such time as the investigation or prosecution is complete.

(4) Each applicant for licensure by endorsement must pass the examination on local, state, and federal laws and rules relating to the disposition of dead human bodies which is required under s. 470.006 and which shall be given by the department.

(5) The board may adopt rules authorizing an applicant who has met the requirements of paragraphs (1)(b) and (c) and who is awaiting an opportunity to take the examination required by subsection (4) to register as a temporary embalmer. A registered temporary embalmer may work as an embalmer in a licensed funeral establishment under the general supervision of a licensed embalmer. Such registration shall expire 60 days after the date of the next available examination required under subsection (4); however, the temporary registration may be renewed one time under the same conditions as initial issuance. The fee for registration or renewal of registration as a temporary embalmer shall be set by the board but may not exceed $125. The fee required in this subsection shall be nonrefundable and in addition to the fee required in subsection (1).

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; s. 135, ch. 92-149; ss. 6, 122, ch. 93-399; s. 61, ch. 94-119; s. 315, ch. 97-103.

470.008 Registration of an embalmer intern.--

(1) Any person desiring to become an embalmer intern shall make application to the department on forms provided by the department, together with a nonrefundable fee not to exceed $100. The application shall indicate the name and address of the licensed embalmer under whose supervision the intern will receive training and the name of the licensed funeral establishment or centralized embalming facility where such training is to be conducted. The embalmer intern shall intern under the direct supervision of a licensed embalmer who has an active, valid license.

(2) An applicant for internship under this section shall meet the requirements of s. 470.006(1)(b)-(e) prior to being registered by the board as an embalmer intern.

(3) The board shall adopt rules establishing an embalmer internship program and criteria for embalmer intern training agencies and supervisors. Any funeral establishment or centralized embalming facility where embalming is conducted must apply to the board for approval as an embalmer intern training agency.

(4) A funeral establishment or centralized embalming facility designated as an embalmer intern training agency may not exact a fee from any person obtaining intern training at such funeral establishment or centralized embalming facility.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 85-133; s. 1, ch. 89-8; s. 18, ch. 91-137; s. 136, ch. 92-149; ss. 7, 122, ch. 93-399; s. 62, ch. 94-119.

470.0085 Establishment of embalmer apprentice program.--The board may adopt rules establishing an embalmer apprentice program. An embalmer apprentice may perform only those tasks, functions, and duties relating to embalming which are performed under the direct supervision of a licensed embalmer. An embalmer apprentice shall be eligible to serve in an apprentice capacity for a period not to exceed 1 year as may be determined by board rule or for a period not to exceed 3 years if the apprentice is enrolled in and attending a course in mortuary science or funeral service education at any mortuary college or funeral service education college or school. An embalmer apprentice shall be registered with the board upon payment of a registration fee not to exceed $50.

History.--ss. 12, 43, ch. 82-179; s. 1, ch. 89-8; s. 122, ch. 93-399; s. 3, ch. 98-298.

470.0087 Practice of funeral directing.--

(1) The practice of funeral directing shall be construed to consist of the following functions, which may be performed only by a licensed funeral director:

(a) Selling or offering to sell funeral services on an at-need basis.

(b) Planning or arranging, on an at-need basis, the details of a funeral service with the family or friends of the decedent or any other person responsible for such service; setting the time of the service; establishing the type of service to be rendered; acquiring the services of the clergy; and obtaining vital information for the filing of death certificates and obtaining of burial transit permits.

(c) Making, negotiating, or completing the financial arrangements for a funeral service on an at-need basis, provided that nonlicensed personnel may assist the funeral director in performing such tasks.

(d) Directing, being in charge or apparent charge of, or supervising, directly or indirectly, a visitation or viewing. Such functions shall not require that a licensed funeral director be physically present throughout the visitation or viewing, provided that the funeral director is readily available by telephone for consultation.

(e) Directing, being in charge or apparent charge of, or supervising, directly or indirectly, any funeral service held in a funeral establishment, cemetery, or elsewhere.

(f) Directing, being in charge or apparent charge of, or supervising, directly or indirectly, any memorial service held prior to or within 72 hours of the burial or cremation, if such memorial service is sold or arranged by a certificateholder or registrant.

(g) Using in connection with one's name or employment the words or terms "funeral director," "funeral establishment," "undertaker," "mortician," or any other word, term, title, or picture, or combination of any of the above, that when considered in the context in which used would imply that such person is engaged in the practice of funeral directing or that such person is holding himself or herself out to the public as being engaged in the practice of funeral directing; provided, however, that nothing in this paragraph shall prevent using the name of any owner, officer, or corporate director of a funeral establishment, who is not a licensee, in connection with the name of the funeral establishment with which such individual is affiliated, so long as such individual's affiliation is properly specified.

(h) Managing or supervising the operation of a funeral establishment, except for administrative matters such as budgeting, accounting and personnel, maintenance of buildings, equipment and grounds, and routine clerical and recordkeeping functions.

(2) The practice of funeral directing shall not be construed to consist of the following functions:

(a) The phoning-in or faxing of obituary notices; ordering of flowers or merchandise; delivery of death certificates to attending physicians; or clerical preparation of death certificates, insurance forms, and any clerical tasks that record the information compiled by the funeral director or that are incidental to any of the functions specified above.

(b) Furnishing standard printed price lists and other disclosure information to the public by telephone or by providing such lists to persons making inquiry.

(c) Removing or transporting human remains from the place of death, or removing or transporting human remains from or to a funeral establishment, centralized embalming facility, refrigeration facility, cemetery, crematory, medical examiner's office, common carrier, or other locations as authorized and provided by law.

(d) Arranging, coordinating, or employing registered removal services, registered refrigeration facilities, or registered centralized embalming facilities.

(e) Any aspect of making preneed funeral arrangements or entering into preneed contracts.

(f) Any functions normally performed by cemetery or crematory personnel.

History.--s. 8, ch. 93-399.

470.009 Licensure as a funeral director by examination; provisional license.--

(1) Any person desiring to be licensed as a funeral director shall apply to the department to take the licensure examination. The department shall examine each applicant who has remitted an examination fee set by the board not to exceed $200 plus the actual per applicant cost to the department for portions of the examination and who the board certifies has:

(a) Completed the application form and remitted a nonrefundable application fee set by the board not to exceed $50.

(b) Submitted proof satisfactory to the board that the applicant is at least 18 years of age and is a recipient of a high school degree or equivalent.

(c) Had no conviction or finding of guilt, regardless of adjudication, for a crime which directly relates to the ability to practice funeral directing or the practice of funeral directing.

(d)1. Received an associate in arts degree, associate in science degree, or an associate in applied science degree in mortuary science approved by the board; or

2. Holds an associate degree or higher from a college or university accredited by a regional association of colleges and schools recognized by the United States Department of Education and is a graduate of at least a 1-year course in mortuary science approved by the board.

(e) Submitted proof of completion of a board-approved course on communicable diseases.

(2) The department shall license the applicant as a funeral director if he or she:

(a) Passes an examination on the subjects of the theory and practice of funeral directing, public health and sanitation, and local, state, and federal laws and rules relating to the disposition of dead human bodies; however, the board by rule may adopt the use of a national examination, such as the funeral service arts examination prepared by the Conference of Funeral Service Examining Boards, in lieu of part of this examination requirement.

(b) Completes a 1-year internship under a licensed funeral director.

(3) Any applicant who has completed the required 1-year internship and has been approved for examination as a funeral director may qualify for a provisional license to work in a licensed funeral establishment, under the direct supervision of a licensed funeral director for a limited period of 6 months as provided by rule of the board. The fee for provisional licensure shall be set by the board but may not exceed $125. The fee required in this subsection shall be nonrefundable and in addition to the fee required by subsection (1). This provisional license may be renewed no more than one time.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; s. 19, ch. 91-137; ss. 9, 122, ch. 93-399; s. 63, ch. 94-119; s. 316, ch. 97-103; s. 4, ch. 98-298.

470.011 Licensure as a funeral director by endorsement; registration of a temporary funeral director.--

(1) The department shall issue a license by endorsement to practice funeral directing to an applicant who has remitted a fee set by the board not to exceed $200 and who the board certifies:

(a) Has completed the application form and remitted a nonrefundable application fee set by the board not to exceed $50.

(b)1. Holds a valid license to practice funeral directing in another state of the United States, provided that, when the applicant secured his or her original license, the requirements for licensure were substantially equivalent to or more stringent than those existing in this state; or

2. Meets the qualifications for licensure in s. 470.009 and has, within 10 years prior to the date of application, successfully completed a state, regional, or national examination in mortuary science, which, as determined by rule of the board, is substantially equivalent to or more stringent than the examination given by the department.

(2) The department shall not issue a license by endorsement or a temporary registration to any applicant who is under investigation or prosecution in any jurisdiction for acts which would constitute a violation of this chapter until such time as the investigation or prosecution is complete.

(3) State, regional, or national examinations and requirements for licensure in another state shall be presumed to be substantially equivalent to or more stringent than the examination and requirements in this state unless found otherwise by rule of the board.

(5) The board may adopt rules authorizing an applicant who has met the requirements of paragraphs (1)(b) and (c) and who is awaiting an opportunity to take the examination required by subsection (4) to register as a temporary funeral director. A registered temporary funeral director may work as a funeral director in a licensed funeral establishment under the general supervision of a licensed funeral director. Such registration shall expire 60 days after the date of the next available examination required under subsection (4); however, the temporary registration may be renewed one time under the same conditions as initial issuance. The fee for registration or renewal of registration as a temporary funeral director shall be set by the board but may not exceed $125. The fee required in this subsection shall be nonrefundable and in addition to the fee required in subsection (1).

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; s. 137, ch. 92-149; ss. 10, 122, ch. 93-399; s. 64, ch. 94-119; s. 317, ch. 97-103.

470.012 Registration of a funeral director intern.--

(1) Any person desiring to become a funeral director intern shall make application to the department on forms provided by the department, together with a nonrefundable fee not to exceed $100. The application shall indicate the name and address of the licensed funeral director under whose supervision the intern will receive training and the name of the licensed funeral establishment where such training is to be conducted. The funeral director intern shall intern under the direct supervision of a licensed funeral director who has an active, valid license.

(2) The board shall adopt rules establishing a funeral director internship program and criteria for funeral director intern training agencies and supervisors. Any funeral establishment where funeral directing is conducted may apply to the board for approval as a funeral director intern training agency.

(3) A funeral establishment designated as a funeral director intern training agency may not exact a fee from any person obtaining intern training at such funeral establishment.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; s. 20, ch. 91-137; s. 138, ch. 92-149; ss. 11, 122, ch. 93-399; s. 65, ch. 94-119.

470.013 License as funeral director and embalmer permitted; display of license.--

(1) Nothing in this chapter may be construed to prohibit a person from holding a license as an embalmer and a license as a funeral director at the same time.

(2) The board shall adopt rules which require each license issued under this chapter to be displayed in such a manner as to make it visible to the public and to facilitate inspection by the department. However, each licensee shall permanently affix a recent photograph of the licensee to each displayed license issued to that licensee as a funeral director or embalmer.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; s. 139, ch. 92-149; ss. 12, 122, ch. 93-399; s. 66, ch. 94-119.

470.014 Concurrent internships.--The internship requirement for embalmers and funeral directors may be served concurrently pursuant to rules adopted by the board.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; s. 122, ch. 93-399.

470.015 Renewal of funeral director and embalmer licenses.--

(1) The department shall renew a funeral director or embalmer license upon receipt of the renewal application and fee set by the board not to exceed $250. The board may prescribe by rule continuing education requirements of up to 12 classroom hours, in addition to a board-approved course on communicable diseases that includes the course on human immunodeficiency virus and acquired immune deficiency syndrome required by s. 455.2226, for the renewal of a funeral director or embalmer license. The board may provide for the waiver of continuing education requirements in circumstances that would justify the waiver, such as hardship, disability, or illness. The continuing education requirement is not required after July 1, 1996, for a licensee who is over the age of 75 years if the licensee does not qualify as the sole person in charge of an establishment or facility.

(2) The department shall adopt rules establishing a procedure for the biennial renewal of licenses.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; ss. 13, 122, ch. 93-399; s. 209, ch. 94-119; s. 2, ch. 96-355; s. 5, ch. 98-298.

470.016 Inactive status.--

(1) A funeral director or embalmer license that has become inactive may be reactivated under s. 470.015 upon application to the department. The board shall prescribe by rule continuing education requirements as a condition of reactivating a license. The continuing education requirements for reactivating a license may not exceed 12 classroom hours, in addition to a board-approved course on communicable diseases, for each year the license was inactive.

(2) The board shall prescribe by rule an application fee for inactive status, a renewal fee for inactive status, a delinquency fee, and a fee for reactivation of a license. None of these fees may exceed the biennial renewal fee established by the board for an active license.

(3) The department may not reactivate a license unless the inactive or delinquent licensee has paid any applicable biennial renewal or delinquency fee, or both, and a reactivation fee.

History.--ss. 1, 5, ch. 79-231; s. 337, ch. 81-259; ss. 2, 3, ch. 81-318; s. 103, ch. 83-329; s. 1, ch. 89-8; ss. 14, 122, ch. 93-399; s. 210, ch. 94-119.

470.0165 Direct disposition; duties.--

(1) Those individuals registered as direct disposers may perform only those functions set forth below:

(a) Remove human remains from the place of death and store human remains in registered direct disposal establishments.

(b) Secure pertinent information from the decedent's next of kin in order to complete the death certificate and to file for the necessary permits for direct disposition.

(c) Obtain the necessary permits for direct disposition and arrange for obituaries and death notices to be placed in newspapers; provided, however, that the name of the direct disposal establishment may not appear in any death notice or obituary if any funeral service, memorial service, or graveside service is to take place and such service is mentioned in the death notice or obituary.

(d) Refrigerate human remains prior to direct disposition and transport human remains to a direct disposal establishment for direct disposition.

(e) Contract with a removal service or refrigeration facility to provide such services or facilities to a direct disposal establishment.

(2) Direct disposers or funeral directors functioning as direct disposers may not, in their capacity as direct disposers, sell, conduct, or arrange for burials, funeral services, memorial services, visitations, or viewings; hold themselves out to the public as funeral directors; or use any name, title, or advertisement that may tend to connote that they are funeral directors. These prohibitions shall apply regardless of the fact that such individuals may be licensed as funeral directors.

(3) Provided that direct disposers limit their activities to those functions set forth in subsection (1), those activities shall not be deemed to constitute funeral directing or embalming or the functions performed by a funeral director or embalmer as otherwise set forth in this chapter.

History.--s. 15, ch. 93-399; s. 67, ch. 94-119.

470.017 Registration as a direct disposer.--

(1) Any person who is not a licensed funeral director and who engages in the practice of direct disposition shall be registered pursuant to this section as a direct disposer.

(2) Any person who desires to be registered as a direct disposer shall file an application with the department on a form furnished by the department. The department shall register each applicant who has remitted a registration fee set by the department, not to exceed $200; has completed the application form and remitted a nonrefundable application fee set by the department, not to exceed $50; and meets the following requirements:

(a) Is at least 18 years of age.

(b) Is a high school graduate or equivalent.

(c) Has no conviction or finding of guilt, and has never entered a plea of nolo contendere, regardless of adjudication, for a crime which directly relates to the functions and duties of a direct disposer or the practice of direct disposition.

(d) Has received a passing grade in a college credit course in Florida mortuary law.

(e) Has completed a board-approved course on communicable diseases.

(f) Has passed an examination prepared by the department on the local, state, and federal laws and rules relating to the disposition of dead human bodies.

(3) The board shall adopt rules which require each registration issued under this section to be displayed in such a manner as to make it visible to the public and to facilitate inspection by the department. However, each registrant shall permanently affix a recent photograph of the registrant to each displayed registration issued to that registrant as a direct disposer.

(4) Notwithstanding the provisions of paragraph (2)(b), any person may be registered as a direct disposer who has attained at least 5 years of continuous experience as a cinerator facility operator, applied to the board by October 1, 1994, and has otherwise met the requirements of subsection (2). Proof of the necessary experience may be required by the board by rule.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; ss. 16, 122, ch. 93-399; s. 68, ch. 94-119.

470.018 Renewal of registration of direct disposer.--

(1) The department shall renew a registration upon receipt of the renewal application and fee set by the department not to exceed $250.

(2) The department shall adopt rules establishing a procedure for the biennial renewal of registrations. The board shall prescribe by rule continuing education requirements of up to 3 classroom hours, in addition to a board-approved course on communicable diseases that includes the course on human immunodeficiency virus and acquired immune deficiency syndrome required by s. 455.2226, for the renewal of a registration.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; ss. 17, 122, ch. 93-399; s. 211, ch. 94-119; s. 6, ch. 98-298.

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.

(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.

470.0201 Health and safety education.--All individuals not licensed by the department who intend to be employed as operational personnel affiliated with a direct disposal establishment, cinerator facility, removal service, refrigeration facility, or centralized embalming facility, as well as all nonlicensed individuals who intend to be involved in the removal or transportation of human remains on behalf of a funeral establishment, direct disposal establishment, or cinerator facility shall complete one course approved by the board on communicable diseases, within 10 days after the date that they begin functioning as operational personnel on behalf of any entity that is regulated by this chapter. The course shall not exceed 3 hours and shall be offered at approved locations throughout the state. Such locations may include establishments that are licensed or registered under this chapter. The board shall adopt rules to implement and enforce this provision, which rules shall include provisions that provide for the use of approved videocassette courses and other types of audio, video, or home study courses to fulfill the continuing education requirements of this section.

History.--s. 19, ch. 93-399; s. 70, ch. 94-119; s. 3, ch. 96-355.

470.021 Direct disposal establishment; standards and location; registration.--

(1) A direct disposer shall practice at a direct disposal establishment which has been registered with the department and which may be a cinerator facility licensed under s. 470.025. The board shall establish by rule standards for direct disposal establishments, including, but not limited to, requirements for refrigeration and storage of dead human bodies.

(2) The practice of direct disposition must be engaged in at a fixed location. No person may open or maintain an establishment at which to engage in or hold himself or herself out as engaging in the practice of direct disposition unless such establishment is registered with the board. Any change in location of such establishment shall be reported promptly to the board as prescribed by rule of the board.

(3) An application for a direct disposal establishment registration shall be made on a form furnished by the department, shall include the name of the registered direct disposer or licensed funeral director acting as a direct disposer who is in charge of that establishment, and shall be accompanied by a nonrefundable fee not to exceed $300 as set by the department.

(4) A direct disposal establishment registration shall be renewed biennially pursuant to procedures and upon payment of a fee not to exceed $300 as set by the board. The board may also establish by rule a delinquency fee not to exceed $50. Any direct disposal establishment registration not renewed within 30 days shall expire without further action by the department or the board.

(5)(a) Each direct disposal establishment 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, the Department of Health, and local government inspectors and by their agents. The board shall adopt rules which establish such inspection requirements.

(b) 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.

(6) Each application for a direct disposal establishment registration must identify every person with the ability to direct the management or policies of the establishment and must identify every person having more than a 10-percent ownership interest in the establishment or the business or corporation which owns the establishment. 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 ever 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 direct disposal establishment.

(7) Each direct disposal establishment must display at the public entrance the name of the establishment and the name of the direct disposer or licensed funeral director acting as a direct disposer responsible for that establishment. A direct disposal establishment must transact its business under the name by which it is registered.

(8) Each direct disposal establishment must notify the board in writing prior to any change in ownership, name, or registered person in charge.

(9) Each registered direct disposal establishment shall have one full-time registered direct disposer or licensed funeral director acting as a direct disposer in charge and reasonably available to the public during normal business hours for that establishment. Such person may be in charge of only one facility.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; ss. 13, 43, ch. 82-179; s. 1, ch. 89-8; s. 45, ch. 89-162; s. 23, ch. 89-374; ss. 20, 122, ch. 93-399; s. 71, ch. 94-119; s. 319, ch. 97-103; s. 229, ch. 99-8.

470.022 Direct disposition not funeral directing.--The duties, functions, and services performed by a direct disposer registrant, as provided by this chapter, shall not be deemed to constitute funeral directing or embalming or the duties, functions, or services performed by a funeral director or embalmer as otherwise defined and provided by this chapter.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; s. 122, ch. 93-399.

470.023 Practice of direct disposition without registration.--Any person, except for a licensed funeral director, who, without registration, holds herself or himself out as a direct disposer or engages in direct disposition commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; s. 101, ch. 91-224; ss. 22, 122, ch. 93-399; s. 320, ch. 97-103.

470.024 Funeral establishment; licensure.--

(1) A funeral establishment shall be a place at a specific street address or location consisting of at least 1,250 contiguous interior square feet and must maintain or make arrangements for either suitable capacity for the refrigeration and storage of dead human bodies handled and stored by the establishment or a preparation room equipped with necessary ventilation and drainage and containing necessary instruments for embalming dead human bodies.

(2) Each licensed funeral establishment may operate a visitation chapel at a separate location within the county in which the funeral establishment is located. A visitation chapel must be a facility of not less than 500 square feet and not more than 700 square feet and may be operated only when a licensed funeral director is present at the facility. A visitation chapel may be used only for visitation of a deceased human body and may not be used for any other activity permitted by this chapter.

(3) No person may conduct, maintain, manage, or operate a funeral establishment unless an establishment operating license has been issued by the department for that funeral establishment.

(4) Application for a funeral establishment license 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 licensed funeral director who is in charge of that establishment.

(5) A funeral establishment license shall be renewable 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 delinquency fee not to exceed $50.

(6) The practice of embalming done at a funeral establishment shall only be practiced by an embalmer licensed under this chapter.

(7) Each licensed funeral establishment shall have one full-time funeral director in charge and shall have a licensed funeral director reasonably available to the public during normal business hours for that establishment. The full-time funeral director in charge must have an active license and may not be the full-time funeral director in charge of any other funeral establishment or of any other direct disposal establishment.

(8) The issuance of a license to operate a funeral establishment to a person or entity who is not individually licensed as a funeral director does not entitle the person to practice funeral directing.

(9) Each funeral establishment located at a specific address shall be deemed to be a separate entity and shall require separate licensing and compliance with the requirements of this chapter. A funeral establishment may not be operated at the same location as any other funeral establishment or direct disposal establishment unless such establishments were licensed as colocated establishments on October 1, 1993.

(10) Every funeral establishment licensed under this chapter 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 funeral establishments.

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

(12) A change in ownership of a funeral establishment shall be promptly reported to the department and shall require the relicensure of the funeral establishment, including reinspection and payment of applicable fees.

(13) Each application for a funeral establishment license shall identify every person with the ability to direct the management or policies of the establishment and must identify every person having more than a 10-percent ownership interest in the establishment or the business or corporation which owns the establishment. The board may deny, suspend, or revoke the license 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 license if any person identified in the application has ever 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 funeral establishment.

(14) Each funeral establishment must display at the public entrance the name of the establishment and the name of the full-time funeral director in charge. A funeral establishment must transact its business under the name by which it is licensed.

History.--ss. 1, 5, ch. 79-231; s. 338, ch. 81-259; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; s. 46, ch. 89-162; s. 24, ch. 89-374; s. 21, ch. 91-137; ss. 23, 122, ch. 93-399; s. 72, ch. 94-119; s. 4, ch. 96-355; s. 7, ch. 98-298.

470.025 Cinerator facility; licensure.--

(1) No person may conduct, maintain, manage, or operate a cinerator facility unless a license for such facility has been issued by the department.

(2) Application for licensure of cinerator facilities shall be on a form furnished and prescribed by the department and shall be accompanied by a nonrefundable license fee of up to $300 as set by board rule. No license may be issued unless the cinerator facility has been inspected and approved as meeting all requirements as set forth by the department, the Department of Health, the Department of Environmental Protection, or any local ordinance regulating the same. The board shall establish by rule standards for cinerator facilities, including, but not limited to, requirements for refrigeration and storage of dead human bodies, use of forms and contracts, and record retention.

(3) Licenses shall be renewed biennially in accordance with a schedule established by the department. The nonrefundable biennial renewal fee shall be up to $300 as set by board rule. The board may also establish by rule a delinquency fee not to exceed $50. Any cinerator facility license not renewed within 30 days shall expire without further action by the department or the board.

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

(5) The board shall adopt rules requiring each facility to submit periodic reports to the department which include the names of persons cremated, the date and county of death, the name of each person supervising each cremation, the name and license number of the establishment requesting cremation, and the types of containers used to hold the body during cremation.

(6) No more than one dead human body may be placed in a retort at one time, unless written permission has been received from a legally authorized person for each body.

(7)(a) Each cinerator facility 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, the Department of Environmental Protection, the Department of Health, and local government inspectors and by their agents. The board shall adopt rules which establish such inspection requirements.

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

(8) A cinerator facility licensed under this section shall only receive dead human bodies for cremation. A cinerator facility may not receive other materials, such as medical, hazardous, and biohazardous waste, for the purpose of disposal in a retort.

(9) Each cinerator facility shall be under the general supervision of a licensed funeral director or registered direct disposer who shall be responsible for making sure the facility, its operations, and all persons employed in the facility comply with all applicable state and federal laws and rules.

(10) Each application for a cinerator facility license must identify every person with the ability to direct the management or policies of the facility and must identify every person having more than a 10-percent ownership interest in the facility or the business or corporation which owns the facility. The board may deny, suspend, or revoke the license 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 license if any person identified in the application has ever 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 cinerator facility.

(11) Each cinerator facility must display at the public entrance the name of the facility and the name of the funeral director or direct disposer responsible for that facility. A cinerator facility must transact its business under the name by which it is licensed.

(12) A cinerator facility located at the same address as a funeral establishment may not have a direct disposer as its individual in charge.

(13) A cinerator facility shall not place human remains in a retort unless the human remains are in an alternative container or casket. Human remains may be transported or stored if they are completely covered, and at all times treated with dignity and respect. None of the provisions contained in this subsection require the purchase of a casket for cremation. This subsection applies to at-need contracts and preneed contracts entered into pursuant to chapter 497 after June 1, 1996.

(14) Each cinerator facility shall ensure that all alternative containers or caskets used for cremation contain no amount of chlorinated plastics not authorized by the Department of Environmental Protection, that they also are composed of readily combustible materials suitable for cremation, able to be closed to prov