2004 Florida Code
TITLE XXXII REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 470 FUNERAL DIRECTING, EMBALMING, AND DIRECT DISPOSITION  
470.025   Cinerator facility; licensure.

1470.025  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 provide a complete covering for the human remains, resistant to leakage or spillage, rigid enough for handling with ease, and able to provide for the health, safety, and personal integrity of the public and crematory personnel.

(15)  The board shall adopt, by rule, criteria for acceptable alternative containers.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; s. 47, ch. 89-162; s. 25, ch. 89-374; s. 22, ch. 91-137; s. 140, ch. 92-149; ss. 24, 122, ch. 93-399; s. 73, ch. 94-119; s. 456, ch. 94-356; s. 5, ch. 96-355; s. 230, ch. 99-8; s. 131, ch. 2004-301.

1Note.--Section 131, ch. 2004-301, renumbered s. 470.025 as s. 497.606 and amended the section, effective October 1, 2005, to read:

497.606  Cinerator facility, licensure required; licensing procedures and criteria; license renewal; regulation.--

(1)  LICENSE REQUIRED.--No person may conduct, maintain, manage, or operate a cinerator facility unless a license for such facility has been issued and is in good standing under this section.

(2)  APPLICATION PROCEDURES.--

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

(b)  The application shall require the name, business address, residence address, date and place of birth or incorporation, and business phone number, of the applicant and all principals of the applicant. The application shall require the applicant's social security number or, if the applicant is an entity, its federal tax identification number.

(c)  The application shall name the licensed funeral director or licensed direct disposer who will be in charge of the cinerator facility.

(d)  The application may require information as to the applicant's financial resources.

(e)  The application may require information as to the educational and employment history of an individual applicant, and as to applicants that are not natural persons, the business and employment history of the applicant and principals of the applicant.

(f)  The application shall require the applicant to disclose whether the applicant or any of the applicant's principals including its proposed supervising licensee has ever been convicted or found guilty of, or entered a plea of no contest to, regardless of adjudication, any crime in any jurisdiction.

(g)  The application shall require the applicant to disclose whether the applicant or any of the applicant's principals including its proposed supervising licensee 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.

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

(i)  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.

(j)  The application shall be signed by the applicant if a natural person or by the president of an applicant that is not a natural person.

(k)  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 $500.

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

(a)  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 facility.

(b)  The applicant is a natural person at least 18 years of age, a corporation, a partnership, or a limited liability company formed prior to January 1, 2006, which limited liability company already holds a license under this chapter.

(c)  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.

(d)  The applicant and the applicant's principals are of good character and have no demonstrated history of lack of trustworthiness or integrity in business or professional matters.

(4)  PROBATIONARY STATUS.--It is the policy of this state to encourage competition for the public benefit in the cinerator facility business by, among other means, the entry of new licensees into that business. To facilitate issuance of licenses concerning applications judged by the licensing authority to be borderline as to qualification for licensure, the licensing authority may issue a new license under this section on a probationary basis, subject to conditions specified by the licensing authority on a case-by-case basis, which conditions may impose special monitoring, reporting, and restrictions on operations for up to the first 24 months of licensure, to ensure the licensee's responsibleness, competency, financial stability, and compliance with this chapter. Provided, no such probationary license shall be issued unless the licensing authority determines that issuance would not pose an unreasonable risk to the public, and the licensing authority must within 24 months after issuance of the license either remove the probationary status or determine that the licensee is not qualified for licensure under this chapter and institute proceedings for revocation of licensure.

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

(6)  RENEWAL OF LICENSE.--Licenses under this section shall be renewed biennially in accordance with a schedule, forms, and procedures established by rule. The nonrefundable and nonproratable biennial renewal fee shall be as determined by licensing authority rule but not to exceed $500.

(7)  CHANGES SUBSEQUENT TO LICENSURE.--Each licensee under this section must provide notice as required by rule prior to any change in location, control, or licensed person in charge. Any such change is subject to disapproval or to reasonable conditions imposed by the licensing authority, for the protection of the public to ensure compliance with this chapter.

(8)  SUPERVISION OF FACILITIES.--Each cinerator facility shall have one full-time licensed direct disposer or licensed funeral director in charge for that facility. Such person may be in charge of only one facility. Such licensed funeral director or licensed direct disposer 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.

(9)  REGULATION OF CINERATOR FACILITIES.--

(a)  There shall be established 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.

(b)  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. The operator of a cinerator facility shall be entitled to rely on the permission of a legally authorized person to cremate more than one human body at a time.

(c)  Each cinerator facility shall at all times be subject to the inspection of all its buildings, grounds, records, equipment, 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. Rules shall be adopted which establish such inspection requirements. There shall by rule of the licensing authority be adopted an annual inspection fee not to exceed $300, payable prior to issuance of license and upon each renewal of such license.

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

(e)  Each cinerator facility must display at its 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.

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

(g)  A cinerator facility shall not place human remains or body parts in a retort or cremation chamber unless the human remains are in an alternative container, cremation container, or casket. Human remains may be transported in a cremation container or stored if they are completely covered, and at all times treated with dignity and respect. Cremation may include the processing and pulverization of bone fragments. Cremated remains may be placed in a temporary container following cremation. 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 this chapter after June 1, 1996.

(h)  Each cinerator facility shall ensure that all alternative containers, cremation 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 provide a complete covering for the human remains, resistant to leakage or spillage, rigid enough for handling with ease, and able to provide for the health, safety, and personal integrity of the public and crematory personnel.

(i)  There shall be adopted by rule criteria for acceptable cremation and alternative containers.

(j)  There shall be rules adopted 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.

(k)  Each cinerator facility must be inspected prior to the issuance and renewal of its license and shall:

1.  Maintain one or more retorts for the reduction of dead human bodies.

2.  Maintain refrigeration that satisfies the standards set by the Department of Health and contains a sufficient number of shelves for the average daily number of bodies stored, if unembalmed bodies are kept at the site.

3.  Maintain sufficient pollution control equipment to comply with requirements of the Department of Environmental Protection in order to secure annual approved certification.

4.  Either have on site or immediately available sufficient sealed containers of a type required for the transportation of bodies as specified in applicable state rules.

5.  Maintain the premises in a clean and sanitary condition.

6.  Have appropriate Department of Environmental Protection permits.

7.  Retain all signed contracts for a period of at least 2 years.