HB 1231 — CS/HB 1231: Final Disposition, Funeral, and Cemetery Services

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hb1231-00hb1231-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1231 2026 Sectionpreneed 1.contracts from requirements that insured persons apply for or consent to such contracts and terms;

Subsectionproviding (6)an iseffective addeddate. to section 497.164, Florida Statutes, to read:

497.164Be SolicitationIt ofEnacted goodsby or services.— (6) A licensee may not enter into a contract, agreement, or other arrangement whereby the licenseeLegislature orof any licensee's affiliate becomes the exclusiveState or sole provider of funeral,Florida: burial, cremation, refrigeration, embalming, or removal services for an entity that provides medical, palliative, or other end- of-life care and services to the general public.

Section 1.

Subsections (50) through (79) of section 497.005, Florida Statutes, are renumbered as subsections (52) through (81), respectively, subsection (22) is amended, and new subsections (50) and (51) are added to that section, to read:

497.005 Definitions.—As used in this chapter, the term:

(22) "Cremation" means 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, including natural organic reduction.

(50) "Natural organic reduction" means the contained, accelerated conversion of human remains to soil.

(51) "Natural organic reduction facility" means a structure, room, or other space in a building or a real property where natural organic reduction of a human body occurs.

Subsection (1)(6) ofis added to section 497.169,497.164, Florida Statutes, is amended to read:

497.169497.164 PrivateSolicitation actions;of goods or services.— Page 3 of 21 CODING:

actions on behalf of consumers;

attorney's fee.— (1) The Attorney General, or the department on behalf of Florida residents, or any person may bring a civil action against a person or company violating the provisions of this chapter, except for the provisions of s.

497.152, in the appropriate court of the county in which the alleged violator resides or has her or his or its principal place of business or in the county wherein the alleged violation occurred.

Upon adverse adjudication, the defendant shall be liable for actual damages caused by such violation.

The court may, as provided by common law, award punitive damages and may provide such equitable relief as it deems proper or necessary, including enjoining the defendant from further violations of this chapter.

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hb1231-00hb1231-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1231 2026 77(6) SectionA 3.licensee may not enter into a contract, agreement, or other arrangement whereby the licensee or any licensee's affiliate becomes the exclusive or sole provider of funeral, burial, cremation, refrigeration, embalming, or removal services for an entity that provides medical, palliative, or other end- of-life care and services to the general public.

Section 3.

sale or disposition of cemetery lands.—Page (2)4 Anyof lands21 ownedCODING: by a licensee and dedicated for use by it as a cemetery, which meet the criteria for cemeteries provided in s.

497.263(2)(g) are in excess of a minimum of 30 contiguous acres, may be sold, conveyed, or disposed of by the Page 4 of 21 CODING:

hb1231-00hb1231-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1231 2026 licensee,lands.— after(2) obtainingAny writtenlands approvalowned pursuantby toa procedureslicensee and utilizingdedicated formsfor specifieduse by ruleit andas consistenta withcemetery, subsectionwhich (3),meet for use by the newcriteria owner for othercemeteries purposesprovided thanin ass. a cemetery.

497.263(2)(g) are in excess of a minimum of 30 contiguous acres, may be sold, conveyed, or disposed of by the licensee, after obtaining written approval pursuant to procedures and utilizing forms specified by rule and consistent with subsection (3), for use by the new owner for other purposes than as a cemetery.

497.368 and which shall be given by the licensingPage authority,5 exceptof that21 anCODING: applicant for licensure by endorsement under subparagraph (1)(b)1.

Words stricken are deletions;

words underlined are additions.

hb1231-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1231 2026 licensing authority, except that an applicant for licensure by endorsement under subparagraph (1)(b)1.

Subsection (4) of section 497.374, Florida PageStatutes, 5is ofamended 21to CODING:read:

Words stricken are deletions;

words underlined are additions.

hb1231-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1231 2026 Statutes, is amended to read:

An applicant who has not completed the educational credentialsPage required6 forof a21 funeralCODING: director license is eligible for licensure as a funeral director intern if the applicant:

a.

Holds an associate degree or higher in any field from a college or university accredited by a regional accrediting agency recognized by the United States Department of Education.

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hb1231-00hb1231-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1231 2026 b.credentials required for a funeral director license is eligible for licensure as a funeral director intern if the applicant:

a.

Holds an associate degree or higher in any field from a college or university accredited by a regional accrediting agency recognized by the United States Department of Education.

b.

497.377 Combination funeral director and embalmer internships.—Page (2)(a)7 Anof applicant21 whoCODING: has not completed the educational credentials required for a combination license as both funeral director and embalmer is eligible for licensure as a combination funeral director and embalmer intern if the applicant:

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hb1231-00hb1231-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1231 2026 1.internships.— (2)(a) An applicant who has not completed the educational credentials required for a combination license as both funeral director and embalmer is eligible for licensure as a combination funeral director and embalmer intern if the applicant:

1.

497.386 Storage, preservation, and transportation of human remains.— (6) If any human remains have been in the lawful possession of a licensee or licensed establishment or facility for at least 90 days and the legally authorized person of the decedent fails, neglects, or refuses to direct the disposition of the human remains, the licensee or licensed establishment or Page 8 of 21 CODING:

hb1231-00hb1231-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1231 2026 (6) If any human remains have been in the lawful possession of a licensee or licensed establishment or facility for at least 90 days and the legally authorized person of the decedent fails, neglects, or refuses to direct the disposition of the human remains, the licensee or licensed establishment or facility having lawful possession of the human remains may dispose of the human remains.

The social security number of the beneficiary of the preneedPage contract,9 asof shown21 onCODING: the contract, is contained within the United States Social Security Administration Death Master File.

(b)1.

The notice in paragraph (a) must be provided by e- mail, certified mail, registered mail, or permitted delivery Page 9 of 21 CODING:

hb1231-00hb1231-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1231 2026 service,preneed returncontract, receiptas requested,shown toon the lastcontract, knownis e-mailcontained orwithin mailing address of the purchaserUnited orStates theSocial beneficiary'sSecurity legallyAdministration authorizedDeath person,Master whicheverFile. is applicable, as provided to the preneed licensee.

(b)1.

The notice in paragraph (a) must be provided by e- mail, certified mail, registered mail, or permitted delivery service, return receipt requested, to the last known e-mail or mailing address of the purchaser or the beneficiary's legally authorized person, whichever is applicable, as provided to the preneed licensee.

If the trustee's diligent search and inquiry produces an address different from the notice address, the trustee shall mail a copy of the notice by certified mail, registered mail, or permitted delivery service, return receipt requested,Page to10 any and all addresses produced as a result of the21 diligentCODING: search and inquiry.

2.

If the purchaser or the beneficiary's legally authorized person, whichever is applicable, fails to respond to such notice within 120 days after delivery of the last mailed Page 10 of 21 CODING:

hb1231-00hb1231-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1231 2026 noticerequested, underto subparagraphany 1.,and theall fundsaddresses heldproduced inas trusta mustresult be distributed in accordance with the terms of the preneeddiligent contract,search the trust agreement, and anyinquiry. applicable provisions of chapter 717.

2.

If the purchaser or the beneficiary's legally authorized person, whichever is applicable, fails to respond to such notice within 120 days after delivery of the last mailed notice under subparagraph 1., the funds held in trust must be distributed in accordance with the terms of the preneed contract, the trust agreement, and any applicable provisions of chapter 717.

Section 497.602,497.6065, Florida Statutes, is amendedcreated to read:

497.602497.6065 NonissuanceNatural oforganic newreduction directfacility; disposer licenses disposers, license required;

licensinglicense proceduresrequired.— (1) LICENSE REQUIRED.—A person may not conduct, maintain, manage, or operate a natural organic reduction facility unless a license for such facility has been issued and criteria;is in good standing under this section.

regulation.—EffectivePage July11 1,of 2026,21 newCODING: applications for a direct disposer license are not authorized, and new direct disposer licenses may not be issued.

However, a person licensed as a direct disposer before July 1, 2026, may continue to practice direct disposition if the person renews the direct disposer license pursuant to s.

497.603 whenever the license expires.

(1) LICENSE REQUIRED.—Any person who is not a licensed funeral director and who engages in the practice of direct Page 11 of 21 CODING:

hb1231-00hb1231-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1231 2026 disposition(2) mustAPPLICATION bePROCEDURES.— licensed(a) pursuantA toperson thisseeking sectionlicensure as a directnatural disposer.organic reduction facility shall apply for such licensure using forms prescribed by rule.

(2)(b) APPLICATIONThe PROCEDURES.—application (a)shall Arequire personthe seekingname, licensurebusiness asaddress, aresidence directaddress, disposerdate shalland applyplace forof suchbirth licensureor usingincorporation, formsand prescribedbusiness bytelephone rule.number of the applicant and all principals of the applicant.

(b) The application shall require the name,applicant's residencesocial address,security datenumber andor, placeif ofthe birth,applicant andis socialan securityentity, numberits offederal thetax applicant.identification number.

(c) The application mayshall requirename informationthe aslicensed tofuneral thedirector educational and employmentnational historyor state certified natural organic reduction operator who will be in charge of the applicant.natural organic reduction facility.

(d) The applicantapplication shallmay berequire requiredinformation as to make disclosure of the applicant's criminalfinancial records,resources. if any, as required by s.

(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 applicant shall be required to make disclosure of the applicant's criminal records, if any, as required by s.

(e)(g) The application shall require the applicant toand discloseits whetherprincipals theshall applicantsubmit hasPage ever12 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 any21 jurisdiction.CODING:

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.

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hb1231-00hb1231-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1231 2026 (g)fingerprints Thein applicationaccordance shall require the applicant to demonstrate that the applicant does, or will before commencing operations under the license, comply with alls. requirements of this chapter relating to the licensure applied for.

(h)497.142. The application shall be signed by the applicant.

(i)(h) The application shall berequire accompaniedthe byapplicant to disclose whether the applicant or any of the applicant's principals, including its proposed supervising licensee, has ever had a nonrefundablelicense feeor the authority to practice a profession or occupation refused, suspended, fined, denied, or otherwise acted against or disciplined by the licensing authority of $300.any jurisdiction.

TheA licensing authorityauthority's mayacceptance fromof timea relinquishment of licensure, stipulation, consent order, or other settlement, offered in response to timeor increasein anticipation of the feefiling byof rulecharges butagainst notthe tolicense, exceedshall morebe thanconstrued $500.as action against the license.

A(i) memberThe ofapplication theshall Unitedrequire Statesthe Armedapplicant Forces,to suchdemonstrate member'sthat spouse, and a veteran of the Unitedapplicant Statesdoes, Armedor Forceswill whobefore separatedcommencing fromoperations serviceunder within the 2license, yearscomply precedingwith applicationall forrequirements licensureof arethis exemptchapter fromrelating to the applicationlicensure fee.applied for.

To(j) qualifyThe for the application feeshall exemption,be ansigned 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 goodaccordance standingwith ors. such veteran was honorably discharged.

(3)497.141(12). 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)(k) TheThere applicantshall isnot abe naturalany personlicensure ator leastlicense 18renewal yearsfees offor agenatural andorganic areduction highfacilities. school graduate or equivalent.

(b)(3) TheACTION applicantCONCERNING hasAPPLICATIONS.—A takenduly andcompleted receivedapplication afor passinglicensure gradeunder Pagethis 13section ofshall 21be CODING:approved if the licensing authority determines that the following conditions are met:

(a) The applicant has been inspected and approved as Page 13 of 21 CODING:

hb1231-00hb1231-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1231 2026 inmeeting aall collegerequirements creditas courseset inforth mortuaryby lawthe anddepartment, hasthe takenDepartment andof receivedHealth, athe passingDepartment gradeof inEnvironmental aProtection, collegeor creditany courselocal inordinance ethics.regulating the facility.

(c)(b) The applicant hasis completed a coursenatural onperson communicableat diseasesleast approved18 byyears theof licensingage, authority.a corporation, a partnership, or a limited liability company.

(d)(c) The applicant hasdoes, passedor anwill examinationbefore preparedcommencing byoperations theunder department on the local,license, state,comply andwith federalall lawsrequirements andof rulesthis chapter relating to the dispositionlicense ofapplied deadfor. human bodies.

(e)(d) The applicant doesand orthe willapplicant's priorprincipals toare commencingof operationsgood undercharacter theand licensehave complyno withdemonstrated allhistory requirementsof lack of thistrustworthiness chapteror relatingintegrity toin thebusiness licenseor appliedprofessional for.matters.

(f)(4) TheRULEMAKING.—The applicantdepartment, isthe Department of goodHealth, character and hasthe noDepartment demonstratedof historyEnvironmental ofProtection lackshall ofadopt trustworthinessrules orestablishing integrityhealth inand businessenvironmental orinspection professionalstandards matters.for natural organic reduction facilities.

(4)(5) ISSUANCEPROBATIONARY OFSTATUS.—It LICENSE.—Uponis approvalthe policy of this state to encourage competition for the applicationpublic bybenefit in the licensingnatural authority,organic reduction facility business by, among other means, the licenseentry shallof benew issued.licensees into that business.

TheTo licensingfacilitate authorityissuance shallof recognizelicenses military-issuedconcerning credentialsapplications relatingjudged by the licensing authority to funeralbe andborderline cemeteryas servicesto qualification for purposeslicensure, ofthe licensurelicensing asauthority may issue a directnew disposer.license under this section on a probationary basis, subject to conditions Page 14 of 21 CODING:

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 Page 14 of 21 CODING:

hb1231-00hb1231-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1231 2026 bespecified used by membersthe licensing authority on a case-by-case basis, which conditions may impose special monitoring, reporting, and veteransrestrictions on operations for up to the first 24 months of licensure, to ensure the Unitedlicensee's Statesresponsibleness, Armedcompetency, Forcesfinancial seekingstability, licensureand undercompliance with this section.chapter.

TheHowever, such a probationary license shall not be issued unless the licensing authority maydetermines conductthat investigationissuance would not pose an unreasonable risk to the public, and furtherthe inquirylicensing authority must, within 24 months after issuance of anythe personlicense, regardingeither anyremove military-issuedthe credentialprobationary soughtstatus toor bedetermine recognized.that the licensee is not qualified for licensure under this chapter and institute proceedings for revocation of licensure.

Section(6) 13.ISSUANCE OF LICENSE.—Upon approval of the application by the licensing authority, the license shall be issued.

Subsections(7) (6)RENEWAL throughOF (10)LICENSE.—Licenses ofunder this section 497.604,shall Floridabe Statutes,renewed areannually renumberedin asaccordance subsectionswith (2)a throughschedule, (6),forms, respectively, and subsectionprocedures (1),established presentby subsectionsrule. (2) through (5), paragraph (a) of present subsection (8), and paragraphs (b) and (c) of present subsection (9) of that section are amended, to read:

497.604(8) DirectCHANGES disposalSUBSEQUENT establishmentTO licenseLICENSURE.—Each renewalslicensee establishments,under licensethis required;section shall provide notice as required by rule before any change in location, ownership, or control of the licensee or licensed person in charge of the licensee's operations.

A change in control is subject to approval by the licensing proceduresauthority, and criteria;to reasonable conditions imposed by the licensing authority, for the protection of the public to ensure compliance with this chapter.

licenseOperations renewal;by the licensee at a new location may not Page 15 of 21 CODING:

regulation;

display of license.— (1) LICENSE REQUIRED.—A direct disposer shall practice only at a direct disposal establishment that which has been licensed under this section and that which may be a cinerator facility licensed under s.

497.606.

A No person may not open or maintain an establishment at which to engage in or hold herself or himself out as engaging in the practice of direct disposition unless such establishment is licensed pursuant to this section before July 1, 2026.

Effective July 1, 2026, new applications for a direct disposal establishment license are not authorized, and new direct disposal establishment licenses may not be issued.

However, an establishment licensed as a direct disposal Page 15 of 21 CODING:

hb1231-00hb1231-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1231 2026 establishmentcommence beforeuntil Julyan 1,inspection 2026,by maythe continuelicensing toauthority practiceof directthe dispositionfacilities, ifpursuant theto establishmentrules renewsof the directlicensing disposalauthority, establishmenthas licensebeen pursuantconducted toand subsectionpassed (2)at whenever the licensenew expires.location.

(2)(9) APPLICATIONSUPERVISION PROCEDURES.—OF (a)FACILITIES.—Each Anatural personorganic seekingreduction licensurefacility asshall have a directfuneral disposaldirector establishmentin shallcharge apply for suchthat licensurefacility. using forms prescribed by rule.

(b)The thefuneral applicationdirector shallin requirecharge theshall name,be businesslicensed address,as residencea address,funeral datedirector and placea ofnationally birthcertified or incorporation,state- andcertified businessnatural phoneorganic number,reduction ofoperator. the applicant and all principals of the applicant.

theSuch applicationfuneral director in charge shall requirebe responsible for ensuring that the applicant'sfacility, socialits securityoperations, numberand or,all ifpersons employed in the applicantfacility iscomply anwith entity,all itsapplicable state and federal taxlaws identificationand number.rules.

(c)A Thefuneral applicationdirector shallin namecharge, thewith licensedappropriate, directactive disposerlicenses, ormay licensedserve as a funeral director actingin ascharge thefor directnot disposermore inthan chargea total of thetwo directof disposalthe establishment.following:

(d)funeral Theestablishments, applicationcentralized mayembalming requirefacilities, informationdirect disposal establishments, natural organic reduction facilities, or cinerator facilities, as tolong as the applicant'stwo financiallocations resources.are not more than 75 miles apart as measured in a straight line.

(e)(10) TheREGULATION applicationOF mayNATURAL requireORGANIC informationREDUCTION asFACILITIES.— to(a) theThere educationalshall be established by rule standards for natural organic reduction facilities, including, but not limited to, requirements for refrigeration and employmentstorage historyof dead human bodies, use of anforms individualand applicant;contracts, and record retention.

and(b) asThe topractice applicantsof thatnatural areorganic notreduction naturalmust persons,be theengaged businessin andat employmenta historyfixed location of theat applicantleast and1,250 principalsinterior Page 16 of the21 applicant.CODING:

(f) The applicant shall be required to make disclosure of Page 16 of 21 CODING:

hb1231-00hb1231-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1231 2026 contiguous square feet and must maintain or make arrangements for suitable capacity for the applicant'srefrigeration criminaland records,storage ifof any,dead ashuman requiredbodies handled and stored by s.the establishment.

497.142.(c) No more than one dead human body may be placed in an organic human reduction container at one time, unless written permission has been received from a legally authorized person for each body.

(g)(d) TheEach applicationnatural shallorganic requirereduction thefacility applicantshall toat discloseall whethertimes thebe applicantsubject orto any of the applicant'sinspection principalsof includingall its proposedbuildings, supervisinggrounds, licenseerecords, hasequipment, everand hadvehicles aused licensein or the authorityconduct toof practiceits abusiness, professionby orthe occupationdepartment, refused,the suspended,Department fined,of denied,Environmental orProtection, otherwisethe actedDepartment againstof orHealth, disciplinedand bylocal thegovernment licensinginspectors authorityand ofby anytheir jurisdiction.agents.

ARules 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 construedadopted aswhich actionestablish againstsuch theinspection license.requirements.

(h)(e) TheEach applicantnatural shallorganic submitreduction fingerprintsfacility must display at its public entrance the name of the facility and the name of the funeral director in accordancecharge withof s.that facility.

497.142.A natural organic reduction facility must transact its business under the name by which it is licensed.

(i)(f) TheHuman applicationremains shallmay requirebe thetransported applicantin toa demonstratecremation thatcontainer the applicant does, or willstored beforeif commencingthey operationsare undercompletely thecovered license,and complyat with all requirementstimes oftreated thiswith chapterdignity relatingand torespect. the licensure applied for.

(j)(g) TheRules application shall be signedadopted inwhich accordancerequire witheach s.facility to submit periodic reports to the department which include the names of persons undergoing natural organic reduction, the date Page 17 of 21 CODING:

497.141(12).

(k) The application shall be accompanied by a nonrefundable fee of $300.

The licensing authority may from time to time by rule increase the fee but not to exceed $500.

(3) ACTION CONCERNING APPLICATIONS.—A duly completed Page 17 of 21 CODING:

hb1231-00hb1231-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1231 2026 applicationand forcounty licensureof underdeath, thisthe section,name accompaniedof byeach person supervising each natural organic reduction, the requiredname fee,and shalllicense benumber approvedof ifthe establishment requesting natural organic reduction, the licensingtypes authorityof determinescontainers thatused to hold the followingbody conditionsduring arethe met:natural organic reduction process, the annual quantity of reduced human remains, and any additional information required by rule.

(a)(h) The applicant is a natural personorganic atreduction leastfacility 18may yearsnot ofoffer age,its aservices corporation,to athe partnership,public. or a limited liability company.

(b) The applicantfacility doesmay oronly willoperate priorthrough toa commencingfuneral operationsestablishment. under the license comply with all requirements of this chapter relating to the license applied for.

The(i) applicantEach shallnatural haveorganic passedreduction anfacility inspectionshall priorbe toinspected before the initial issuance of aits license underand thisannually section,thereafter inand accordanceshall: with rules of the licensing authority.

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

(5) PROBATIONARY STATUS.—It is the policy of this state to encourage competition for the public benefit in the direct disposal establishment 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 Page 18 of 21 CODING:

Words stricken are deletions;

words underlined are additions.

hb1231-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1231 2026 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.

However, 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.

(4)(8) SUPERVISION OF FACILITIES.— (a) Each direct disposal establishment shall have a funeral director in charge, subject to s.

497.380(7).

However, a licensed direct disposer may continue acting as the direct disposer in charge if, as of September 30, 2010:

TheBe directat disposala establishmentspecific andaddress theor licensedlocation. direct disposer both have active, valid licenses.

TheBe licensedat directleast disposer1,250 iscontiguous currentlysquare actingfeet as the direct disposer in charge of thespace. direct disposal establishment.

TheHave nameat ofleast theone licensedoperable directorganic disposerhuman wasreduction included,container. as required in paragraph (2)(c), in the direct disposal establishment's most recent application for issuance or renewal Page 19 of 21 CODING:

4.

Have at least one operable processing station for grinding of organically reduced remains.

5.

Place human remains in an operable organic human reduction container within 8 hours after receipt, or maintain refrigeration that satisfies the standards set by the Department of Health and contains sufficient refrigerated space for the average daily number of bodies stored.

6.

Maintain the premises in a clean and sanitary condition.

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hb1231-00hb1231-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1231 2026 ofSection its13. license or was included in the establishment's notice of change provided under subsection (3) (7).

(5)(9) REGULATION OF DIRECT DISPOSAL ESTABLISHMENTS.— (b) The practice of direct disposition must be engaged in at a fixed location of at least 625 contiguous interior contiguous square feet, to be used solely for the business of the establishment, and must maintain or make arrangements for suitable capacity for the refrigeration and storage of dead human bodies handled and stored by the establishment.

(c) 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.

There shall be adopted rules which establish such inspection requirements.

There shall be adopted by rule of the licensing authority an annual inspection fee not to exceed $300, payable upon issuance of license and upon each renewal of such license.

Section 14.

procedure required.— (3)(a) With respect to any person who intends to provide for the cremation of the deceased, if, after a period of 90 120 days from the time of cremation the cremated remains have not been claimed, the funeral or direct disposal establishment may Pagedispose 20 of 21the CODING:cremated remains.

Such disposal shall include scattering them at sea or placing them in a licensed cemetery scattering garden or pond or in a church columbarium or otherwise disposing of the remains as provided by rule.

Section 14.

Section 497.6075, Florida Statutes, is created to read:

497.6075 Natural organic reduction;

procedure required.- (1) At the time of the arrangement for a reduction performed by any person licensed pursuant to this chapter, the legally authorized person contracting for reduction services shall be required to designate her or his intentions with respect to disposition of the reduced remains of the deceased in a signed declaration of intent which shall be provided by and retained by the funeral or direct disposal establishment.

A reduction may not be performed until a legally authorized person gives written authorization, which may include the declaration of intent to dispose of the reduction remains, for such natural organic reduction process.

The reduction must be initiated Page 19 of 21 CODING:

hb1231-00hb1231-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1231 2026 disposewithin of48 hours after a specified time which has been agreed to in writing by the crematedperson remains.authorizing the reduction.

SuchA disposalfuneral shallestablishment includemaking scatteringarrangements themfor at sea or placing them in a licensedreduction cemeteryshall scatteringnot gardenbe orresponsible pondfor or intake apossession church columbarium or otherwise disposing of theunclaimed remainsreduced asremains. provided by rule.

(2) Reduced remains are not property, as defined in s.

731.201, and are not subject to partition for purposes of distribution under s.

733.814.

A division of reduced remains requires the consent of the legally authorized person who approved the reduction or, if the legally authorized person is the decedent, the next legally authorized person pursuant to s.

497.005(43).

A dispute regarding the division of reduced remains shall be resolved by a court of competent jurisdiction.

(3) With respect to any person who intends to provide for the reduction of the deceased, if, after a period of 120 days from the time the reduction is finalized, the reduced remains have not been claimed, the funeral establishment may dispose of the reduced remains.

Such disposal shall include placement within a conservation area or otherwise disposing of the remains as provided by rule.

(4) The board may adopt and enforce such rules and regulations as may be reasonable and necessary to provide for the sanitary disposal of dead human bodies by natural organic reduction and prevent the spread of disease and to protect the health, safety, and welfare of the people of this state.

Such rules and regulations may include required inspections of any Page 20 of 21 CODING:

Words stricken are deletions;

words underlined are additions.

hb1231-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1231 2026 natural organic reduction container by the manufacturer or other authorized repair company once every year to ensure proper operations.

(5) Upon completion of the reduction process, the reduced remains shall be pulverized until no single fragment is recognizable as skeletal tissue.

Such pulverized remains shall then be transferred to a container or multiple containers, if so requested by the legally authorized person, and delivered to the legally authorized person or otherwise disposed of as set forth herein.

hb1231-00hb1231-01-c1