Senate Bill 598 (2026) — Funeral, cemetery, and consumer services
SB 598
Florida Bills
Florida Senate - 2026 SB 598 By Senator Truenow 13-00551-26 2026598__ Page 1 of 21 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to funeral, cemetery, and consumer 2 services; amending s. 497.164, F.S.; prohibiting a 3 licensee of funeral or cemetery services from entering 4 into certain contracts, agreements, or arrangements; 5 amending s. 497.169, F.S.; limiting the total 6 liability for damages for certain civil actions 7 against a person or company licensed under ch. 497, 8 F.S.; amending s. 497.263, F.S.; revising the 9 procedures for applicants seeking a cemetery license; 10 amending s. 497.270, F.S.; conforming a provision to 11 changes made by the act; amending s. 497.369, F.S.; 12 revising the requirements for an applicant seeking 13 licensure by endorsement to be an embalmer; amending 14 s. 497.374, F.S.; revising the requirements for an 15 applicant seeking licensure by endorsement to be a 16 funeral director; amending s. 497.375, F.S.; deleting 17 an exception to the educational requirements for an 18 applicant seeking licensure to be a funeral director; 19 amending s. 497.376, F.S.; revising the requirements 20 for an applicant seeking a license by endorsement as a 21 combination funeral director and embalmer; amending s. 22 497.377, F.S.; revising the educational requirements 23 for licensure to be a combination funeral director and 24 embalmer intern; amending s. 497.386, F.S.; 25 authorizing a licensee or a licensed facility to 26 dispose of human remains in a specified manner if the 27 legally authorized person of the decedent fails, 28 neglects, or refuses to direct the disposition; 29
Florida Senate - 2026 SB 598 13-00551-26 2026598__ Page 2 of 21 CODING: Words stricken are deletions; words underlined are additions. providing that the licensee or licensed facility is 30 not liable for any action arising out of such 31 disposal; amending s. 497.459, F.S.; revising the 32 method in which a preneed licensee must send written 33 notice to cancel a preneed contract; authorizing the 34 Board of Funeral, Cemetery, and Consumer Services to 35 adopt rules; amending s. 497.602, F.S.; prohibiting 36 the Department of Financial Services from accepting 37 applications and issuing licenses for direct disposers 38 after a specified date; authorizing a person licensed 39 before the specified date to continue to practice as a 40 direct disposer by renewing his or her license; 41 deleting the application procedures to become a 42 licensed direct disposer; deleting responsibilities of 43 the licensing authority issuing a direct disposer 44 license; amending s. 497.604, F.S.; revising an 45 exception to the prohibition against a person opening 46 or maintaining an establishment in which he or she 47 holds himself or herself out as a direct disposer; 48 prohibiting the department from accepting applications 49 and issuing licenses for direct disposal 50 establishments after a specified date; authorizing a 51 person licensed before the specified date to continue 52 to practice by renewing his or her license; deleting 53 application requirements; requiring the location of 54 direct disposition to be used solely for the business 55 of the establishment; conforming provisions to changes 56 made by the act; making technical changes; amending s. 57 497.607, F.S.; revising the timeframe after which a 58
Florida Senate - 2026 SB 598 13-00551-26 2026598__ Page 3 of 21 CODING: Words stricken are deletions; words underlined are additions. funeral or direct disposal establishment may dispose 59 of cremated remains if the remains have not been 60 claimed; amending s. 627.404, F.S.; revising the 61 exceptions to the prohibition relating to personal 62 insurance; reenacting s. 497.260(5), F.S., relating to 63 cemeteries, exemptions, investigations, and mediation, 64 to incorporate the amendment made to s. 497.263, F.S., 65 in a reference thereto; providing an effective date. 66 67 Be It Enacted by the Legislature of the State of Florida: 68 69
Section 1. Subsection (6) is added to
section 497.164, 70 Florida Statutes, to read: 71 497.164 Solicitation of goods or services.— 72
(6) A licensee under this
chapter may not enter into a 73 contract, agreement, or other arrangement in which that licensee 74 or any affiliated licensee becomes the exclusive or sole 75 provider of funeral, cremation, refrigeration, or removal 76 services for any entity that provides medical, palliative, or 77 other end-of-life care and services to the general public. 78
Section 2. Present subsections (2) and (3) of
section 79 497.169, Florida Statutes, are redesignated as subsections (3) 80 and (4), respectively, a new subsection (2) is added to that 81 section, and subsection (1) of that
section is amended, to read: 82 497.169 Private actions; actions on behalf of consumers; 83 attorney’s fee.— 84
(1) Notwithstanding s. 497.157, the Attorney General, or 85 the department on behalf of Florida residents of this state, or 86 any person may bring a civil action against a person or company 87
Florida Senate - 2026 SB 598 13-00551-26 2026598__ Page 4 of 21 CODING: Words stricken are deletions; words underlined are additions. violating the provisions of this
chapter in the appropriate 88 court of the county in which the alleged violator resides or has 89 her or his or its principal place of business or in the county 90 wherein the alleged violation occurred. Upon adverse 91 adjudication, the defendant is shall be liable for actual 92 damages caused by such violation. The court may, as provided by 93 common law, award punitive damages and may provide such 94 equitable relief as it deems proper or necessary, including 95 enjoining the defendant from further violations of this chapter. 96
(2) The total liability for damages in any civil action for 97 negligence brought against a person or company licensed pursuant 98 to this
section may not exceed $200,000. 99
Section 3. Paragraph (
g) of subsection (2) of
section 100 497.263, Florida Statutes, is amended to read: 101 497.263 Cemetery companies; license required; licensure 102 requirements and procedures.— 103
(2) APPLICATION PROCEDURES.— 104 (
g) The proposed cemetery must contain at least 30 105 contiguous acres. Such acreage must be contiguous, except that 106 parcels of land divided solely by a public right-of-way or 107 public road may be considered contiguous, provided the parcels 108 are in close geographic proximity and form a unified cemetery 109 property. The application must state the exact number of acres 110 in the proposed cemetery and must identify any public rights-of-111 way or roads dividing the parcels.
Parcels located in separate 112 or distant geographic areas, even if along the same roadway or 113 corridor, do not satisfy the contiguity requirement of this 114 paragraph The application shall state the exact number of acres 115 in the proposed cemetery. 116
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Section 4. Subsection (2) of
section 497.270, Florida 117 Statutes, is amended to read: 118 497.270 Minimum acreage; sale or disposition of cemetery 119 lands.— 120
(2) Any lands owned by a licensee and dedicated for use by 121 it as a cemetery, which meet the criteria set forth in s. 122 497.263(2)(
g) are in excess of a minimum of 30 contiguous acres, 123 may be sold, conveyed, or disposed of by the licensee, after 124 obtaining written approval pursuant to procedures and using 125 utilizing forms specified by rule and consistent with subsection 126 (3), for use by the new owner for other purposes than as a 127 cemetery. All of the human remains which have been previously 128 interred therein must shall first be have been removed from the 129 lands proposed to be sold, conveyed, or disposed of; however, 130 the provisions of ss. 497.152(8)(
e) and 497.384 must be complied 131 with before prior to any disinterment of human remains. Any and 132 All titles, interests, or burial rights which may have been sold 133 or contracted to be sold in lands which are the subject of the 134 sale must shall be conveyed to and revested in the licensee 135 before prior to consummation of any such sale, conveyance, or 136 disposition. 137
Section 5. Subsection (4) of
section 497.369, Florida 138 Statutes, is amended to read: 139 497.369 Embalmers; licensure as an embalmer by endorsement; 140 licensure of a temporary embalmer.— 141
(4) Each applicant for licensure by endorsement shall must 142 pass the examination on local, state, and federal laws and rules 143 relating to the disposition of dead human bodies which is 144 required under s. 497.368 and which shall be given by the 145
Florida Senate - 2026 SB 598 13-00551-26 2026598__ Page 6 of 21 CODING: Words stricken are deletions; words underlined are additions. licensing authority. Licensure by endorsement under subparagraph 146 (1)(b)1. does not require any educational or testing 147 requirements other than those required in this subsection. 148
Section 6. Subsection (4) of
section 497.374, Florida 149 Statutes, is amended to read: 150 497.374 Funeral directing; licensure as a funeral director 151 by endorsement; licensure of a temporary funeral director.— 152
(4) Each applicant for licensure by endorsement shall must 153 pass the examination on local, state, and federal laws and rules 154 relating to the disposition of dead human bodies which is 155 required under s. 497.373 and which shall be given by the 156 licensing authority. Licensure by endorsement under subparagraph 157 (1)(b)1. does not require education or testing requirements 158 other than those required in s. 497.373(2)(b). 159
Section 7. Paragraph (
b) of subsection (1) of
section 160 497.375, Florida Statutes, is amended to read: 161 497.375 Funeral directing; licensure of a funeral director 162 intern.— 163 (1) 164 (b)1. Except as provided in subparagraph 2., an applicant 165 must hold the educational credentials required for licensure of 166 a funeral director under s. 497.373(1)(d). 167 2. An applicant who has not completed the educational 168 credentials required for a funeral director license is eligible 169 for licensure as a funeral director intern if the applicant: 170 a.
Holds an associate degree or higher in any field from a 171 college or university accredited by a regional accrediting 172 agency recognized by the United States Department of Education. 173 b. Is currently enrolled in and attending a licensing 174
Florida Senate - 2026 SB 598 13-00551-26 2026598__ Page 7 of 21 CODING: Words stricken are deletions; words underlined are additions. authority-approved course of study in mortuary science or 175 funeral service arts required for licensure of a funeral 176 director under s. 497.373(1)(d)2. 177 c. Has taken and received a passing grade in a college 178 credit course in mortuary law or funeral service law and has 179 taken and received a passing grade in a college credit course in 180 ethics. 181
Section 8. Subsection (3) is added to
section 497.376, 182 Florida Statutes, to read: 183 497.376 License as funeral director and embalmer 184 permitted.— 185
(3) An applicant for a combination license by endorsement 186 as a funeral director and embalmer under s. 497.373 and s. 187 497.369, respectively, is not required to meet any educational 188 or testing requirements other than those in ss. 497.373(2)(b) 189 and 497.369(4). 190
Section 9. Paragraph (
a) of subsection (2) of
section 191 497.377, Florida Statutes, is amended to read: 192 497.377 Combination funeral director and embalmer 193 internships.— 194 (2)(
a) An applicant who has not completed the educational 195 credentials required for a combination license as both funeral 196 director and embalmer is eligible for licensure as a combination 197 funeral director and embalmer intern if the applicant: 198 1. Holds an associate degree or higher in any field from a 199 college or university accredited by a regional accrediting 200 agency recognized by the United States Department of Education; 201 or 202 2. Is currently enrolled in and attending a college 203
Florida Senate - 2026 SB 598 13-00551-26 2026598__ Page 8 of 21 CODING: Words stricken are deletions; words underlined are additions. accredited by the American Board of Funeral Service Education 204 (ABFSE) in a course of study in mortuary science accredited by 205 ABFSE. 206 2. Has completed at least 75 percent of the course of study 207 in mortuary science as certified by the college in which the 208 applicant is currently enrolled. 209 3. Has taken and received a passing grade in a college 210 credit course in mortuary law or funeral service law and has 211 taken and received a passing grade in a college credit course in 212 ethics. 213
Section 10. Present subsections (6) and (7) of
section 214 497.386, Florida Statutes, are redesignated as subsections (7) 215 and (8), respectively, and a new subsection (6) is added to that 216 section, to read: 217 497.386 Storage, preservation, and transportation of human 218 remains.— 219
(6) If any human remains have been in the lawful possession 220 of any licensee or licensed facility for 90 days or more, and 221 the legally authorized person of the decedent fails, neglects, 222 or refuses to direct the disposition, the licensee or licensed 223 facility may dispose of the human remains. Any licensee or 224 licensed facility who disposes of human remains pursuant to this 225 subsection may not be held liable for any action arising out of 226 such disposal. 227
Section 11. Paragraph (
b) of subsection (7) of
section 228 497.459, Florida Statutes, is amended to read: 229 497.459 Cancellation of, or default on, preneed contracts; 230 required notice.— 231
(7) NOTICE TO PURCHASER OR LEGALLY AUTHORIZED PERSON.— 232
Florida Senate - 2026 SB 598 13-00551-26 2026598__ Page 9 of 21 CODING: Words stricken are deletions; words underlined are additions. (b)1. The notice in paragraph (
a) must be provided by 233 certified mail, registered mail, or permitted delivery service, 234 return receipt requested, to the last known e-mail or mailing 235 address of the purchaser or the beneficiary’s legally authorized 236 person, whichever is applicable, as provided to the preneed 237 licensee.
If the notice is returned as undeliverable within 30 238 calendar days after the preneed licensee sent the notice, the 239 trustee must shall perform a diligent search and inquiry to 240 obtain a different e-mail or mailing address for the purchaser 241 or the beneficiary’s legally authorized person, whichever is 242 applicable.
The board may adopt rules to implement this 243 subparagraph For purposes of this subparagraph, any address 244 known and used by the purchaser or the beneficiary’s legally 245 authorized person, whichever is applicable, for sending regular 246 mailings or other communications from the purchaser or the 247 beneficiary’s legally authorized person, whichever is 248 applicable, to the preneed licensee or any address produced 249 through a current address service or searchable database shall 250 be included with other addresses produced from the diligent 251 search and inquiry, if any.
If the trustee’s diligent search and 252 inquiry produces an address different from the notice address, 253 the trustee shall mail a copy of the notice by certified mail, 254 registered mail, or permitted delivery service, return receipt 255 requested, to any and all addresses produced as a result of the 256 diligent search and inquiry. 257 2. If the purchaser or the beneficiary’s legally authorized 258 person, whichever is applicable, fails to respond to such notice 259 within 120 days after delivery of the last mailed notice under 260 subparagraph 1., the funds held in trust must be distributed in 261
Florida Senate - 2026 SB 598 13-00551-26 2026598__ Page 10 of 21 CODING: Words stricken are deletions; words underlined are additions. accordance with the terms of the preneed contract, the trust 262 agreement, and any applicable provisions of
chapter 717. 263
Section
Section 497.602, Florida Statutes, is amended 264 to read: 265 497.602 Direct disposers; barring applications and 266 licenses, license required; licensing procedures and criteria; 267 regulation.—Effective July 1, 2026, applications may not be 268 submitted to, and licenses may not be issued by, the department 269 for direct disposers. However, a person licensed as a direct 270 disposer before July 1, 2026, may continue to practice as such, 271 provided the person continues to renew their direct disposer 272 license pursuant to s. 497.603. 273
(1) LICENSE REQUIRED.—Any person who is not a licensed 274 funeral director and who engages in the practice of direct 275 disposition must be licensed pursuant to this
section as a 276 direct disposer. 277
(2) APPLICATION PROCEDURES.— 278 (
a) A person seeking licensure as a direct disposer shall 279 apply for such licensure using forms prescribed by rule. 280 (
b) The application shall require the name, residence 281 address, date and place of birth, and social security number of 282 the applicant. 283 (
c) The application may require information as to the 284 educational and employment history of the applicant. 285 (
d) The applicant shall be required to make disclosure of 286 the applicant’s criminal records, if any, as required by s. 287 497.142. 288 (
e) The application shall require the applicant to disclose 289 whether the applicant has ever had a license or the authority to 290
Florida Senate - 2026 SB 598 13-00551-26 2026598__ Page 11 of 21 CODING: Words stricken are deletions; words underlined are additions. practice a profession or occupation refused, suspended, fined, 291 denied, or otherwise acted against or disciplined by the 292 licensing authority of any jurisdiction. A licensing authority’s 293 acceptance of a relinquishment of licensure, stipulation, 294 consent order, or other settlement, offered in response to or in 295 anticipation of the filing of charges against the license, shall 296 be construed as action against the license. 297 (
f) The applicant shall submit fingerprints in accordance 298 with s. 497.142. 299 (
g) The application shall require the applicant to 300 demonstrate that the applicant does, or will before commencing 301 operations under the license, comply with all requirements of 302 this
chapter relating to the licensure applied for. 303 (
h) The application shall be signed by the applicant. 304 (
i) The application shall be accompanied by a nonrefundable 305 fee of $300. The licensing authority may from time to time 306 increase the fee by rule but not to exceed more than $500. A 307 member of the United States Armed Forces, such member’s spouse, 308 and a veteran of the United States Armed Forces who separated 309 from service within the 2 years preceding application for 310 licensure are exempt from the application fee.
To qualify for 311 the application fee exemption, an applicant must provide a copy 312 of a military identification card, military dependent 313 identification card, military service record, military personnel 314 file, veteran record, discharge paper, or separation document 315 that indicates such member is currently in good standing or such 316 veteran was honorably discharged. 317
(3) ACTION CONCERNING APPLICATIONS.—A duly completed 318 application for licensure under this section, accompanied by the 319
Florida Senate - 2026 SB 598 13-00551-26 2026598__ Page 12 of 21 CODING: Words stricken are deletions; words underlined are additions. required fees, shall be approved if the licensing authority 320 determines that the following conditions are met: 321 (
a) The applicant is a natural person at least 18 years of 322 age and a high school graduate or equivalent. 323 (
b) The applicant has taken and received a passing grade in 324 a college credit course in mortuary law and has taken and 325 received a passing grade in a college credit course in ethics. 326 (
c) The applicant has completed a course on communicable 327 diseases approved by the licensing authority. 328 (
d) The applicant has passed an examination prepared by the 329 department on the local, state, and federal laws and rules 330 relating to the disposition of dead human bodies. 331 (
e) The applicant does or will prior to commencing 332 operations under the license comply with all requirements of 333 this
chapter relating to the license applied for. 334 (
f) The applicant is of good character and has no 335 demonstrated history of lack of trustworthiness or integrity in 336 business or professional matters. 337
(4) ISSUANCE OF LICENSE.—Upon approval of the application 338 by the licensing authority, the license shall be issued. The 339 licensing authority shall recognize military-issued credentials 340 relating to funeral and cemetery services for purposes of 341 licensure as a direct disposer. A member of the United States 342 Armed Forces and a veteran of the United States Armed Forces 343 seeking licensure as a direct disposer under this
section shall 344 submit to the licensing authority a certification that the 345 military-issued credential reflects knowledge, training, and 346 experience substantially similar to the requirements of this 347
chapter for licensure as a direct disposer. The licensing 348
Florida Senate - 2026 SB 598 13-00551-26 2026598__ Page 13 of 21 CODING: Words stricken are deletions; words underlined are additions. authority shall adopt rules specifying forms and procedures to 349 be used by members and veterans of the United States Armed 350 Forces seeking licensure under this section. The licensing 351 authority may conduct investigation and further inquiry of any 352 person regarding any military-issued credential sought to be 353 recognized. 354
Section
Section 497.604, Florida Statutes, is amended 355 to read: 356 497.604 Direct disposal establishments, license required; 357 prohibition of applications and licenses licensing procedures 358 and criteria; license renewal; regulation; display of license.— 359
(1) LICENSE REQUIRED.—A direct disposer may shall practice 360 only at a direct disposal establishment which has been licensed 361 under this
section and which may be a cinerator facility 362 licensed under s. 497.606. A No person may not open or maintain 363 an establishment at which to engage in or hold herself or 364 himself out as engaging in the practice of direct disposition 365 unless such establishment is licensed pursuant to this
section 366 before July 1, 2026. 367
(2) APPLICATION AND LICENSING BARRED PROCEDURES.—Effective 368 July 1, 2026, applications may not be submitted to, and licenses 369 may not be issued by, the department for direct disposal 370 establishments. However, a person licensed as a direct disposal 371 establishment before July 1, 2026, may continue to practice as 372 such, provided the person continues to renew his or her direct 373 disposal establishment license pursuant to subsection (3). 374 (
a) A person seeking licensure as a direct disposal 375 establishment shall apply for such licensure using forms 376 prescribed by rule. 377
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b) The application shall require the name, business 378 address, residence address, date and place of birth or 379 incorporation, and business phone number, of the applicant and 380 all principals of the applicant. The application shall require 381 the applicant’s social security number or, if the applicant is 382 an entity, its federal tax identification number. 383 (
c) The application shall name the licensed direct disposer 384 or licensed funeral director acting as the direct disposer in 385 charge of the direct disposal establishment. 386 (
d) The application may require information as to the 387 applicant’s financial resources. 388 (
e) The application may require information as to the 389 educational and employment history of an individual applicant; 390 and as to applicants that are not natural persons, the business 391 and employment history of the applicant and principals of the 392 applicant. 393 (
f) The applicant shall be required to make disclosure of 394 the applicant’s criminal records, if any, as required by s. 395 497.142. 396 (
g) The application shall require the applicant to disclose 397 whether the applicant or any of the applicant’s principals 398 including its proposed supervising licensee has ever had a 399 license or the authority to practice a profession or occupation 400 refused, suspended, fined, denied, or otherwise acted against or 401 disciplined by the licensing authority of any jurisdiction. A 402 licensing authority’s acceptance of a relinquishment of 403 licensure, stipulation, consent order, or other settlement, 404 offered in response to or in anticipation of the filing of 405 charges against the license, shall be construed as action 406
Florida Senate - 2026 SB 598 13-00551-26 2026598__ Page 15 of 21 CODING: Words stricken are deletions; words underlined are additions. against the license. 407 (
h) The applicant shall submit fingerprints in accordance 408 with s. 497.142. 409 (
i) The application shall require the applicant to 410 demonstrate that the applicant does, or will before commencing 411 operations under the license, comply with all requirements of 412 this
chapter relating to the licensure applied for. 413 (
j) The application shall be signed in accordance with s. 414 497.141(12). 415 (
k) The application shall be accompanied by a nonrefundable 416 fee of $300. The licensing authority may from time to time by 417 rule increase the fee but not to exceed $500. 418
(3) ACTION CONCERNING APPLICATIONS.—A duly completed 419 application for licensure under this section, accompanied by the 420 required fee, shall be approved if the licensing authority 421 determines that the following conditions are met: 422 (
a) The applicant is a natural person at least 18 years of 423 age, a corporation, a partnership, or a limited liability 424 company. 425 (
b) The applicant does or will prior to commencing 426 operations under the license comply with all requirements of 427 this
chapter relating to the license applied for. The applicant 428 shall have passed an inspection prior to issuance of a license 429 under this section, in accordance with rules of the licensing 430 authority. 431 (
c) The applicant and the applicant’s principals are of 432 good character and have no demonstrated history of lack of 433 trustworthiness or integrity in business or professional 434 matters. 435
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(4) ISSUANCE OF LICENSE.—Upon approval of the application 436 by the licensing authority, the license shall be issued. 437
(5) PROBATIONARY STATUS.—It is the policy of this state to 438 encourage competition for the public benefit in the direct 439 disposal establishment business by, among other means, the entry 440 of new licensees into that business. To facilitate issuance of 441 licenses concerning applications judged by the licensing 442 authority to be borderline as to qualification for licensure, 443 the licensing authority may issue a new license under this 444
section on a probationary basis, subject to conditions specified 445 by the licensing authority on a case-by-case basis, which 446 conditions may impose special monitoring, reporting, and 447 restrictions on operations for up to the first 24 months of 448 licensure, to ensure the licensee’s responsibleness, competency, 449 financial stability, and compliance with this chapter.
However, 450 no such probationary license shall be issued unless the 451 licensing authority determines that issuance would not pose an 452 unreasonable risk to the public, and the licensing authority 453 must within 24 months after issuance of the license either 454 remove the probationary status or determine that the licensee is 455 not qualified for licensure under this
chapter and institute 456 proceedings for revocation of licensure. 457 (3)
(6) RENEWAL OF LICENSE.—A direct disposal establishment 458 license shall be renewed biennially pursuant to schedule, forms, 459 and procedures and upon payment of a fee of $200. The licensing 460 authority may from time to time increase the fee by rule but not 461 to exceed $400. 462 (4)
(7) CHANGES SUBSEQUENT TO LICENSURE.—Each licensee under 463 this
section shall provide notice as required by rule prior to 464
Florida Senate - 2026 SB 598 13-00551-26 2026598__ Page 17 of 21 CODING: Words stricken are deletions; words underlined are additions. any change in location or control of the licensee or licensed 465 person in charge of the licensee’s operations. A change in 466 control is subject to approval by the licensing authority and to 467 reasonable conditions imposed by the licensing authority, for 468 the protection of the public to ensure compliance with this 469 chapter.
Operations by the licensee at a new location may not 470 commence until an inspection by the licensing authority of the 471 facilities at the new location, pursuant to rules of the 472 licensing authority, has been conducted and passed. 473 (5)
(8) SUPERVISION OF FACILITIES.— 474 (
a) Each direct disposal establishment shall have a funeral 475 director in charge, subject to s. 497.380(7). However, a 476 licensed direct disposer may continue acting as the direct 477 disposer in charge if, as of September 30, 2010: 478 1. The direct disposal establishment and the licensed 479 direct disposer both have active, valid licenses. 480 2. The licensed direct disposer is currently acting as the 481 direct disposer in charge of the direct disposal establishment. 482 3.
The name of the licensed direct disposer was included, 483 as required in paragraph (2)(c), in the direct disposal 484 establishment’s most recent application for issuance or renewal 485 of its license or was included in the establishment’s notice of 486 change provided under subsection (4)(7). 487 (
b) The funeral director in charge or direct disposer in 488 charge of a direct disposal establishment must be reasonably 489 available to the public during normal business hours for the 490 establishment. The funeral director in charge or direct disposer 491 in charge of the establishment is responsible for making sure 492 the facility, its operations, and all persons employed in the 493
Florida Senate - 2026 SB 598 13-00551-26 2026598__ Page 18 of 21 CODING: Words stricken are deletions; words underlined are additions. facility comply with all applicable state and federal laws and 494 rules. A funeral director in charge, with appropriate, active 495 licenses, may serve as a funeral director in charge for not more 496 than a total of two of the following: funeral establishments, 497 centralized embalming facilities, direct disposal 498 establishments, or cinerator facilities, as long as the two 499 locations are not more than 75 miles apart as measured in a 500 straight line. 501 (6)
(9) REGULATION OF DIRECT DISPOSAL ESTABLISHMENTS.— 502 (
a) There shall be established by rule standards for direct 503 disposal establishments, including, but not limited to, 504 requirements for refrigeration and storage of dead human bodies. 505 (
b) The practice of direct disposition must be engaged in 506 at a fixed location of at least 625 contiguous interior 507 contiguous square feet, to be used solely for the business of 508 the establishment, and must maintain or make arrangements for 509 suitable capacity for the refrigeration and storage of dead 510 human bodies handled and stored by the establishment. 511 (
c) Each direct disposal establishment is shall at all 512 times be subject to the inspection of all its buildings, 513 grounds, and vehicles used in the conduct of its business, by 514 the department, the Department of Health, and local government 515 inspectors and by their agents. Rules must There shall be 516 adopted to rules which establish such inspection requirements. 517 There shall be adopted by rule of The licensing authority shall 518 charge an annual inspection fee not to exceed $300, payable upon 519 issuance of license and upon each renewal of such license. 520 (
d) Each direct disposal establishment must display at the 521 public entrance the name of the establishment and the name of 522
Florida Senate - 2026 SB 598 13-00551-26 2026598__ Page 19 of 21 CODING: Words stricken are deletions; words underlined are additions. the licensed direct disposer or licensed funeral director acting 523 as the direct disposer in charge of the establishment. A direct 524 disposal establishment must transact its business under the name 525 by which it is licensed. 526 (
e) A direct disposal establishment may not be operated at 527 the same location as any other direct disposal establishment or 528 funeral establishment unless such establishments were licensed 529 as colocated establishments on July 1, 2000. 530 (
f) A direct disposal establishment shall retain all signed 531 contracts for a period of at least 2 years. 532 (7)
(10) DISPLAY OF LICENSE.— 533 (
a) A direct disposal disposer establishment and each 534 direct disposer, or funeral director acting as a direct 535 disposer, employed at the establishment must display their 536 current licenses in a conspicuous place within the establishment 537 in such a manner as to make the licenses visible to the public 538 and to facilitate inspection by the licensing authority. If a 539 licensee is simultaneously employed at more than one location, 540 the licensee may display a copy of the license in lieu of the 541 original. 542 (
b) Each licensee shall permanently affix a photograph 543 taken of the licensee within the previous 6 years to each 544 displayed license issued to that licensee as a direct disposer 545 or funeral director acting as a direct disposer. 546
Section 14. Paragraph (
a) of subsection (3) of
section 547 497.607, Florida Statutes, is amended to read: 548 497.607 Cremation; procedure required.— 549 (3)(
a) With respect to any person who intends to provide 550 for the cremation of the deceased, if, after 90 a period of 120 551
Florida Senate - 2026 SB 598 13-00551-26 2026598__ Page 20 of 21 CODING: Words stricken are deletions; words underlined are additions. days from the time of cremation the cremated remains have not 552 been claimed, the funeral or direct disposal establishment may 553 dispose of the cremated remains. Such disposal includes shall 554 include scattering them at sea or placing them in a licensed 555 cemetery scattering garden or pond or in a church columbarium or 556 otherwise disposing of the remains as provided by rule. 557
Section 15. Subsection (5) of
section 627.404, Florida 558 Statutes, is amended to read: 559 627.404 Insurable interest; personal insurance.— 560
(5) A contract of insurance upon a person, other than a 561 policy of prepaid funeral contract, group life insurance or 562 group or blanket accident, health, or disability insurance, may 563 not be carried out effectuated unless, on or before the time of 564 entering into such contract, the person insured, having legal 565 capacity to contract, applies for or consents in writing to the 566 contract and its terms, except that any person having an 567 insurable interest in the life of a minor younger than 15 years 568 of age or any person upon whom a minor younger than 15 years of 569 age is dependent for support and maintenance may obtain 570 effectuate a policy of insurance on the minor. 571
Section 16. For the purpose of incorporating the amendment 572 made by this act to
section 497.263, Florida Statutes, in a 573 reference thereto, subsection (5) of
section 497.260, Florida 574 Statutes, is reenacted to read: 575 497.260 Cemeteries; exemption; investigation and 576 mediation.— 577
(5) Any religious-institution-owned cemetery exempt under 578 subsection (1), except those cemeteries qualifying under 579 paragraph (1)(d), which becomes affiliated with a commercial 580
Florida Senate - 2026 SB 598 13-00551-26 2026598__ Page 21 of 21 CODING: Words stricken are deletions; words underlined are additions. enterprise must meet the requirements of s. 497.263. 581