Florida Statutes 497.602 – Direct disposers, license required; licensing procedures and criteria; regulation
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(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.
Terms Used In Florida Statutes 497.602
- Cemetery: means a place dedicated to and used or intended to be used for the permanent interment of human remains or cremated remains. See Florida Statutes 497.005
- 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. See Florida Statutes 497.005
- Department: means the Department of Financial Services. See Florida Statutes 497.005
- Dependent: A person dependent for support upon another.
- Direct disposer: means any person licensed under this chapter to practice direct disposition in this state. See Florida Statutes 497.005
- Director: means the director of the Division of Funeral, Cemetery, and Consumer Services. See Florida Statutes 497.005
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- License: includes all authorizations required or issued under this chapter, except where expressly indicated otherwise, and shall be understood to include authorizations previously referred to as registrations or certificates of authority in chapters 470 and 497 as those chapters appeared in the 2004 edition of the Florida Statutes. See Florida Statutes 497.005
- Person: when used without qualification such as "natural" or "individual" includes both natural persons and legal entities. See Florida Statutes 497.005
- 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. See Florida Statutes 497.005
- Rules: refers to rules adopted under this chapter unless expressly indicated to the contrary. See Florida Statutes 497.005
- service: means any service offered or provided in connection with the final disposition, memorialization, interment, entombment, or inurnment of human remains or cremated remains. See Florida Statutes 497.005
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- veteran: means a person who served in the active military, naval, or air service and who was discharged or released under honorable conditions only or who later received an upgraded discharge under honorable conditions, notwithstanding any action by the United States Department of Veterans Affairs on individuals discharged or released with other than honorable discharges. See Florida Statutes 1.01
(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 applicant shall be required to make disclosure of the applicant’s criminal records, if any, as required by s. 497.142.
(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 applicant shall submit fingerprints in accordance with s. 497.142.
(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. A member of the United States Armed Forces, such member’s spouse, and a veteran of the United States Armed Forces who separated from service within the 2 years preceding application for licensure are exempt from the application fee. To qualify for the application fee exemption, an applicant must provide a copy of a military identification card, military dependent identification card, military service record, military personnel file, veteran record, discharge paper, or separation document that indicates such member is currently in good standing or such veteran was honorably discharged.
(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 mortuary law and has taken and received a passing grade in a college credit course in ethics.
(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. The licensing authority shall recognize military-issued credentials relating to funeral and cemetery services for purposes of licensure as a direct disposer. A member of the United States Armed Forces and a veteran of the United States Armed Forces seeking licensure as a direct disposer under this section shall submit to the licensing authority a certification that the military-issued credential reflects knowledge, training, and experience substantially similar to the requirements of this chapter for licensure as a direct disposer. The licensing authority shall adopt rules specifying forms and procedures to be used by members and veterans of the United States Armed Forces seeking licensure under this section. The licensing authority may conduct investigation and further inquiry of any person regarding any military-issued credential sought to be recognized.