2004 Florida Code
TITLE XXXII REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 470 FUNERAL DIRECTING, EMBALMING, AND DIRECT DISPOSITION  
470.017   Registration as a direct disposer.

1470.017  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; s. 127, ch. 2004-301.

1Note.--Section 127, ch. 2004-301, renumbered s. 470.017 as s. 497.602 and amended the section, effective October 1, 2005, to read:

497.602  Direct disposers, license required; licensing procedures and criteria; regulation.--

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

(2)  APPLICATION PROCEDURES.--

(a)  A person seeking licensure as a direct disposer shall apply for such licensure using forms prescribed by rule.

(b)  The application shall require the name, residence address, date and place of birth, and social security number of the applicant.

(c)  The application may require information as to the educational and employment history of the applicant.

(d)  The application shall require the applicant to disclose whether the applicant has ever been convicted or found guilty of, or entered a plea of no contest to, regardless of adjudication, any crime in any jurisdiction.

(e)  The application shall require the applicant to disclose whether the applicant has ever had a license or the authority to practice a profession or occupation refused, suspended, fined, denied, or otherwise acted against or disciplined by the licensing authority of any jurisdiction. A licensing authority's acceptance of a relinquishment of licensure, stipulation, consent order, or other settlement, offered in response to or in anticipation of the filing of charges against the license, shall be construed as action against the license.

(f)  The application shall require the applicant to provide fingerprints in accordance with part I of this chapter.

(g)  The application shall require the applicant to demonstrate that the applicant does, or will before commencing operations under the license, comply with all requirements of this chapter relating to the licensure applied for.

(h)  The application shall be signed by the applicant.

(i)  The application shall be accompanied by a nonrefundable fee of $300. The licensing authority may from time to time increase the fee by rule but not to exceed more than $500.

(3)  ACTION CONCERNING APPLICATIONS.--A duly completed application for licensure under this section, accompanied by the required fees, shall be approved if the licensing authority determines that the following conditions are met:

(a)  The applicant is a natural person at least 18 years of age and a high school graduate or equivalent.

(b)  The applicant has taken and received a passing grade in a college credit course in Florida mortuary law.

(c)  The applicant has completed a course on communicable diseases approved by the licensing authority.

(d)  The applicant 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.

(e)  The applicant does or will prior to commencing operations under the license comply with all requirements of this chapter relating to the license applied for.

(f)  The applicant is of good character and has no demonstrated history of lack of trustworthiness or integrity in business or professional matters.

(4)  ISSUANCE OF LICENSE.--Upon approval of the application by the licensing authority, the license shall be issued.

(5)  DISPLAY OF LICENSE.--There shall be adopted rules which require each license 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. Each licensee shall permanently affix a recent photograph of the licensee to each displayed license issued to that licensee as a direct disposer.