2005 Florida Code - REGULATION OF PROFESSIONS AND OCCUPATIONS FUNERAL DIRECTING, EMBALMING, AND DIRECT DISPOSITIONChapter 470

470.001  Legislative intent.

470.002  Definitions.

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

470.005  Rulemaking authority of board and department.

470.019  Disciplinary actions against direct disposers and direct disposal establishments.

470.023  Practice of direct disposition without registration.

470.027  Exemption of certificateholder under chapter 497.

470.028  Preneed sales; registration of agents.

470.031  Prohibitions; penalties.

470.033  Sale of funeral merchandise.

470.034  Disclosure of information to public.

470.035  Itemized price lists.

470.036  Disciplinary proceedings.

¹470.001  Legislative intent.--The Legislature deems it necessary in the interest of public health and safety to establish minimum qualifications for entry into the professions of embalming and funeral directing and to provide for swift and effective discipline for those practitioners who violate the law. The Legislature further 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; s. 3, ch. 2000-332; s. 157, ch. 2004-301.

¹Note.--Repealed October 1, 2005, by s. 157, ch. 2004-301.

¹470.002  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, unless the spouse has been arrested for committing against the deceased an act of domestic violence as defined in s. 741.28, a son or daughter who is 18 years of age or older, a parent, a brother or sister 18 years of age or over, a grandchild who is 18 years of age or older, or a 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 part II of chapter 406, 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; s. 12, ch. 2001-120; s. 6, ch. 2002-55; s. 56, ch. 2003-1; s. 157, ch. 2004-301.

¹Note.--Repealed October 1, 2005, by s. 157, ch. 2004-301.

¹470.003  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 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; s. 168, ch. 2000-160; s. 157, ch. 2004-301.

¹Note.--

A.  Repealed October 1, 2005, by s. 157, ch. 2004-301.

B.  Section 156, ch. 2004-301, provides that "[e]ffective at 11:59 p.m. on September 30, 2005, the Board of Funeral and Cemetery Services and the Board of Funeral Directors and Embalmers are abolished."

¹470.005  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 and the records directly relating to the regulated activities of the licensee to ensure compliance with the provisions of this chapter and rules adopted hereunder. 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; s. 23, ch. 2000-356; s. 157, ch. 2004-301.

¹Note.--Repealed October 1, 2005, by s. 157, ch. 2004-301.

¹470.019  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.

(c)  Suspend 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 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; s. 57, ch. 2003-1; s. 157, ch. 2004-301.

¹Note.--Repealed October 1, 2005, by s. 157, ch. 2004-301.

¹470.023  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; s. 157, ch. 2004-301.

¹Note.--Repealed October 1, 2005, by s. 157, ch. 2004-301.

¹470.027  Exemption of certificateholder under chapter 497.--Nothing in this chapter shall prevent a certificateholder under chapter 497 from selling preneed funerals and funeral merchandise through its agents and employees.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; ss. 27, 122, ch. 93-399; s. 157, ch. 2004-301.

¹Note.--Repealed October 1, 2005, by s. 157, ch. 2004-301.

¹470.028  Preneed sales; registration of agents.--

(1)  All sales of preneed funeral service contracts or direct disposition contracts shall be made pursuant to chapter 497.

(2)  No person may act as an agent for a funeral establishment or direct disposal establishment with respect to the sale of preneed contracts unless such person is registered pursuant to chapter 497.

(3)  Each licensee or registrant shall be subject to discipline if his or her agent violates any provision of this chapter applicable to such licensee or registrant as established by board rule.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; ss. 14, 43, ch. 82-179; s. 16, ch. 83-316; s. 1, ch. 89-8; ss. 28, 122, ch. 93-399; s. 323, ch. 97-103; s. 29, ch. 2000-356; s. 157, ch. 2004-301.

¹Note.--Repealed October 1, 2005, by s. 157, ch. 2004-301.

¹470.031  Prohibitions; penalties.--

(1)  No person may:

(a)  Practice funeral directing, embalming, or direct disposition unless the person holds an active license or registration under this chapter.

(b)  Use the name or title "funeral director," "embalmer," or "direct disposer" when the person has not been licensed or registered pursuant to this chapter.

(c)  Represent as his or her own the license or registration of another.

(d)  Give false or forged evidence to the board, a member thereof, or the department for the purpose of obtaining a license or registration.

(e)  Use or attempt to use a license or registration which has been suspended or revoked.

(f)  Knowingly employ unlicensed persons in the practice of funeral directing, embalming, or direct disposing.

(g)  Knowingly conceal information relative to violations of this chapter.

(h)  Operate an unlicensed cinerator facility.

(2)  Any person who violates the provisions of this section 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. 27, ch. 89-374; s. 102, ch. 91-224; ss. 30, 122, ch. 93-399; s. 324, ch. 97-103; s. 157, ch. 2004-301.

¹Note.--Repealed October 1, 2005, by s. 157, ch. 2004-301.

¹470.033  Sale of funeral merchandise.--If a licensee or registrant offers funeral merchandise for sale as part of his or her services to a consumer, the licensee or registrant shall be subject to disciplinary action as provided in this chapter if he or she:

(1)  When displaying any caskets, fails to display the least expensive casket offered for sale or use in adult funerals in the same general manner as the funeral service industry member's other caskets are displayed.

(2)  Makes oral, written, or visual representations, directly or indirectly, that any funeral merchandise or service is offered for sale when such is not a bona fide offer to sell said merchandise or service.

(3)  Discourages a customer's purchase of any funeral merchandise or service which is advertised or offered for sale, with the purpose of encouraging the purchase of additional or more expensive merchandise or service, by disparaging its quality or appearance, except that true factual statements concerning features, design, or construction do not constitute disparagement; by misrepresenting its availability or any delay involved in obtaining it; or by suggesting directly or by implication that a customer's concern for price or expressed interest in inexpensive funeral merchandise or services is improper, inappropriate, or indicative of diminished respect or affection for the deceased.

(4)  Fails to have the price of any casket offered for sale clearly marked on or in the casket, whether the casket is displayed at the funeral establishment or at any other location, regardless of whether the licensee or registrant is in control of such location. If a licensee uses books, catalogs, brochures, or other printed display aids, the price of each casket shall be clearly marked.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; s. 122, ch. 93-399; s. 326, ch. 97-103; s. 157, ch. 2004-301.

¹Note.--Repealed October 1, 2005, by s. 157, ch. 2004-301.

¹470.034  Disclosure of information to public.--If a licensee or registrant offers to provide services to the public, she or he shall be subject to disciplinary action as provided in this chapter if she or he:

(1)  Fails to reasonably provide by telephone, upon request, accurate information regarding the retail prices of funeral merchandise and services offered for sale by that licensee or registrant.

(2)  Fails to fully disclose all of her or his available services and merchandise prior to the selection of a casket. The full disclosure required shall identify what is included in the funeral or direct disposition and the prices of all services and merchandise provided by the licensee or registrant. Full disclosure shall also be made in the case of a funeral or direct disposition with regard to the use of funeral merchandise which is not to be disposed of with the body, and written permission shall be obtained from the purchaser.

(3)  Makes any false or misleading statements of the legal requirement as to the conditions under which preservation of a dead human body is required or as to the necessity of a casket or outer burial container.

(4)  Fails to disclose, when such disclosure is desired, the components of the prices for alternatives such as:

(a)  Graveside service.

(b)  Direct disposition.

(c)  Body donation without any rites or ceremonies prior to the delivery of the body and prices of service if there are to be such after the residue has been removed following the use thereof.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; s. 122, ch. 93-399; s. 77, ch. 94-119; s. 327, ch. 97-103; s. 157, ch. 2004-301.

¹Note.--Repealed October 1, 2005, by s. 157, ch. 2004-301.

¹470.035  Itemized price lists.--A licensee shall be subject to disciplinary action as provided in this chapter if he or she:

(1)  Fails to furnish for retention to anyone who inquires in person about the arrangement of funeral merchandise and services, before any discussion of selection, a printed or typewritten list concerning the retail prices for at least each of the following items, if regularly offered for sale:

(a)  Transfer of the body to the funeral home.

(b)  Embalming, together with the statement that embalming is not required by state law.

(c)  Use of facilities for viewing.

(d)  Use of facilities for funeral service.

(e)  Use of hearse.

(f)  Use of limousine.

(g)  Other transportation.

(h)  Casket price range with a statement that a complete price list is available.

(i)  Alternative container price range.

(j)  Outer burial container price range with a statement that a complete price list is available.

(k)  Other professional services.

(2)  Fails to include on the list provided in subsection (1) the name, address, and telephone number of the funeral establishment and the statement that the consumer may choose only the items he or she desires, that the consumer will be charged for only those items he or she selects, and that there may be extra charges for other items such as a cemetery fee and flowers.

(3)  Fails to furnish for retention to each customer making arrangements a written agreement listing at least the following categories of services and merchandise, if selected by the customer, together with the price for each item:

(a)  Embalming.

(b)  Other preparation of the body.

(c)  Use of facilities for viewing.

(d)  Use of facilities for funeral ceremony.

(e)  Services of funeral director and staff.

(f)  Casket or alternative container as selected.

(g)  Other specifically itemized charges for merchandise, services, facilities, or transportation.

(h)  Specifically itemized cash advances, to the extent then known. If estimates are given, a written statement of the actual charges must be provided before the final bill is paid; provided that the charge for the item provided in paragraph (e) is to reflect only those services actually provided. The principal services actually provided for this charge must be specified in writing.

(4)  Fails to include on the written agreement required by subsection (3) the name, address, and telephone number of the funeral home and the statement that charges are only for those items that are used and that, if the type of funeral selected requires extra items, an explanation will be given.

(5)  Fails to include immediately below the items required by subsection (3) the signatures of the customer and the funeral director and the date signed.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; s. 122, ch. 93-399; s. 8, ch. 96-355; s. 1115, ch. 97-103; s. 157, ch. 2004-301.

¹Note.--Repealed October 1, 2005, by s. 157, ch. 2004-301.

¹470.036  Disciplinary proceedings.--

(1)  The following acts constitute grounds for which the disciplinary actions in subsection (2) may be taken:

(a)  Violation of any provision of s. 455.227(1) or s. 470.031.

(b)  Attempting to procure, or procuring, a license or registration pursuant to this chapter by bribery or by fraudulent misrepresentations.

(c)  Having a license or registration to practice any of the activities regulated under this chapter revoked, suspended, or otherwise acted against, including the denial of licensure or registration, by the licensing or registering authority of another jurisdiction.

(d)  Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of, or the ability to practice, any of the activities regulated under this chapter.

(e)  Making or filing a report or record which the licensee 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 licensee or registrant under this chapter.

(f)  Advertising goods or services in a manner which is fraudulent, false, deceptive, or misleading in form or content.

(g)  Committing fraud, deceit, negligence, incompetency, or misconduct, in the practice of any of the activities regulated under this chapter.

(h)  A violation or repeated violation of this chapter or of chapter 455 and any rules promulgated pursuant thereto.

(i)  Violation of a lawful order of the board or department previously entered in a disciplinary hearing or failure to comply with a lawfully issued subpoena of the board or department.

(j)  Practicing with a revoked, suspended, inactive, or delinquent license.

(k)  Misrepresentation or fraud in the conduct of the business of or profession of the licensee.

(l)  Making any false or misleading statement, oral or written, directly or indirectly, regarding any law or rule pertaining to the disposition of dead human bodies.

(m)  Making any false or misleading statement, oral or written, directly or indirectly, regarding the sale of services or merchandise in connection with any of the activities regulated under this chapter.

(n)  Aiding or abetting an unlicensed person to practice any licensed activity.

(o)  Violation of any state law or rule or municipal or county ordinance or regulation affecting the handling, custody, care, or transportation of dead human bodies.

(p)  Refusing to surrender promptly the custody of a dead human body upon the express order of the legally authorized person; however, this provision shall be subject to any state laws or rules governing custody or transportation of deceased human bodies.

(q)  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 any of the activities regulated under this chapter, by the licensee or registrant, or her or his agent, assistant, or employee; however, this provision shall not prohibit the payment of commissions by a funeral director, funeral establishment, or cinerator facility to its preneed agents registered pursuant to chapter 497 or to licensees under this chapter.

(r)  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 licensee must obtain written permission within a reasonable time as established by board rule.

(s)  Requiring that a casket be purchased for cremation or claiming directly or by implication that a casket is required for cremation.

(t)  Embalming a deceased human body without first having obtained written or oral permission from a legally authorized person; however, washing and other public health procedures, such as closing of the orifices by placing cotton soaked in a disinfectant in such orifices until authorization to embalm is received, shall not be precluded. If oral permission is granted, the licensee must obtain written permission within a reasonable time as established by board rule.

(u)  Misrepresenting the amount advanced on behalf of a customer for any item of service or merchandise, including, but not limited to, cemetery or crematory services, pallbearers, public transportation, clergy honoraria, flowers, musicians or singers, nurses, obituary notices, gratuities, and death certificates, described as cash advances, accommodations, or words of similar import on the contract, final bill, or other written evidence of agreement or obligation furnished to customers; however, nothing herein shall require disclosure of a discount or rebate which may accrue to a licensee subsequent to making a cash advance.

(v)  Making any false or misleading statement or claim that natural decomposition or decay of human remains can be prevented or substantially delayed by embalming, use of a sealed or unsealed casket, or use of a sealed or unsealed outer burial container.

(w)  Solicitation by the licensee, or her or his agent, employee, or assistant, through the use of fraud, undue influence, intimidation, overreaching, or other form of vexatious conduct.

(x)  Having been disciplined by a regulatory agency in any jurisdiction for any offense that would constitute a violation of this chapter, chapter 382, chapter 406, chapter 497, or chapter 872 or that directly relates to the ability to practice under this chapter.

(2)  When the board finds any licensee or registrant guilty of any of the grounds set forth in subsection (1), it may enter an order imposing one or more of the following penalties:

(a)  Denial of an application for licensure or registration.

(b)  Permanent revocation or suspension of a license or registration.

(c)  Imposition of an administrative fine not to exceed $5,000 for each count or separate offense.

(d)  Issuance of a reprimand.

(e)  Placement of the licensee or registrant on probation for a period of time and subject to such conditions as the board may specify, including requiring the licensee or registrant to attend continuing education courses or to work under the supervision of another licensee.

(f)  Restriction of the authorized scope of practice.

(g)  Assessment of costs associated with investigation and prosecution.

(3)  The department shall reissue a suspended license of a disciplined licensee upon certification by the board that the disciplined licensee has complied with all of the terms and conditions set forth in the final order; however, revocation of a license is permanent.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 19, ch. 83-316; s. 2, ch. 87-228; s. 1, ch. 89-8; s. 28, ch. 89-374; ss. 31, 122, ch. 93-399; s. 78, ch. 94-119; s. 328, ch. 97-103; s. 108, ch. 98-166; s. 12, ch. 98-298; s. 169, ch. 2000-160; s. 58, ch. 2003-1; s. 157, ch. 2004-301.

¹Note.--Repealed October 1, 2005, by s. 157, ch. 2004-301.