Final Disposition, Funeral, and Cemetery Services

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A bill to be entitled 1
An act relating to final disposition, funeral, and 2
cemetery services; amending s. 497.005, F.S.; revising 3
and providing definitions; amending s. 497.164, F.S.; 4
prohibiting solicitations of sales of final 5
disposition, funeral, and cemetery services by 6
licensees of such services under certain 7
circumstances; amending s. 497.263, F.S.; revising 8
land requirements for proposed cemeteries; amending s. 9
497.270, F.S.; conforming a provision to changes made 10
by the act; amending ss. 497.369 and 497.374, F.S.; 11
specifying educational and testing requirements for 12
licensure as embalmers and funeral directors by 13
endorsement, respectively; amending s. 497.375, F.S.; 14
revising requirements for licensure for funeral 15
director interns; amending s. 497.376, F.S.; 16
specifying educational and testing requirements for 17
licensure as both funeral directors and embalmers by 18
endorsement; amending s. 497.377, F.S.; revising 19
requirements for combination licensure as funeral 20
director and embalmer interns; amending s. 497.386, 21
F.S.; authorizing persons, establishments, and 22
facilities licensed in final disposition, funeral, and 23
cemetery services to dispose of human remains under 24
certain circumstances; amending s. 497.459, F.S.; 25

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revising requirements for notices to purchasers and 26
legally authorized persons of unfulfilled preneed 27
contracts; providing rulemaking authority; creating s. 28
497.6065, F.S.; requiring licensure of natural organic 29
reduction facilities; providing requirements for the 30
application for and approval of licensure; requiring 31
the Department of Financial Services, the Department 32
of Health, and the Department of Environmental 33
Protection to adopt specified rules; providing 34
requirements for licensure of such facilities, 35
including licensure on a probationary basis; providing 36
requirements for the renewal of such licenses and 37
changes to licensure; providing requirements for the 38
supervision of such facilities; requiring the adoption 39
of standards for such facilities by rule; providing 40
requirements for the practice of natural organic 41
reduction and facilities conducting such practice; 42
amending s. 497.607, F.S.; decreasing the waiting time 43
period for funeral and direct disposal establishments 44
to dispose of cremated remains; creating s. 497.6075, 45
F.S.; providing requirements for the performance of 46
natural organic reduction and reduced human remains; 47
authorizing the Board of Funeral, Cemetery, and 48
Consumer Services to adopt and enforce specified rules 49
and regulations; amending s. 627.404, F.S.; excluding 50

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preneed contracts from requirements that insured 51
persons apply for or consent to such contracts and 52
terms; providing an effective date. 53
54
Be It Enacted by the Legislature of the State of Florida: 55
56
Section 1. Subsections (50) through (79) of section 57
497.005, Florida Statutes, are renumbered as subsections (52) 58
through (81), respectively, subsection (22) is amended, and new 59
subsections (50) and (51) are added to that section, to read: 60
497.005 Definitions.—As used in this chapter, the term: 61
(22) "Cremation" means any mechanical or thermal process 62
whereby a dead human body is reduced to ashes and bone 63
fragments. Cremation also includes any other mechanical or 64
thermal process whereby human remains are pulverized, burned, 65
recremated, or otherwise further reduced in size or quantity, 66
including natural organic reduction. 67
(50) "Natural organic reduction" means the contained, 68
accelerated conversion of human remains to soil. 69
(51) "Natural organic reduction facility" means a 70
structure, room, or other space in a building or a real property 71
where natural organic reduction of a human body occurs. 72
Section 2. Subsection (6) is added to section 497.164, 73
Florida Statutes, to read: 74
497.164 Solicitation of goods or services.— 75

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(6) A licensee may not enter into a contract, agreement, 76
or other arrangement whereby the licensee or any licensee's 77
affiliate becomes the exclusive or sole provider of funeral, 78
burial, cremation, refrigeration, embalming, or removal services 79
for an entity that provides medical, palliative, or other end-80
of-life care and services to the general public. 81
Section 3. Paragraph (g) of subsection (2) of section 82
497.263, Florida Statutes, is amended to read: 83
497.263 Cemetery companies; license required; licensure 84
requirements and procedures.— 85
(2) APPLICATION PROCEDURES.— 86
(g) The proposed cemetery must contain at least 30 87
contiguous acres. Such acreage must be contiguous, except that 88
parcels of land divided solely by a public right-of-way or 89
public road may be considered contiguous for purposes of this 90
paragraph, provided that the parcels are in close proximity and 91
form a unified cemetery property. The application shall state 92
the exact number of acres in the proposed cemetery and shall 93
identify any public rights-of-way or public roads dividing the 94
parcels. Parcels located in separate or distant geographic 95
areas, even if along the same roadway or corridor, do not 96
satisfy the contiguity requirement. 97
Section 4. Subsection (2) of section 497.270, Florida 98
Statutes, is amended to read: 99
497.270 Minimum acreage; sale or disposition of cemetery 100

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lands.— 101
(2) Any lands owned by a licensee and dedicated for use by 102
it as a cemetery, which meet the criteria for cemeteries 103
provided in s. 497.263(2)(g) are in excess of a minimum of 30 104
contiguous acres, may be sold, conveyed, or disposed of by the 105
licensee, after obtaining written approval pursuant to 106
procedures and utilizing forms specified by rule and consistent 107
with subsection (3), for use by the new owner for other purposes 108
than as a cemetery. All of the human remains which have been 109
previously interred therein shall first have been removed from 110
the lands proposed to be sold, conveyed, or disposed of; 111
however, the provisions of ss. 497.152(8)(e) and 497.384 must be 112
complied with prior to any disinterment of human remains. Any 113
and all titles, interests, or burial rights which may have been 114
sold or contracted to be sold in lands which are the subject of 115
the sale shall be conveyed to and revested in the licensee prior 116
to consummation of any such sale, conveyance, or disposition. 117
Section 5. Subsection (4) of section 497.369, Florida 118
Statutes, is amended to read: 119
497.369 Embalmers; licensure as an embalmer by 120
endorsement; licensure of a temporary embalmer.— 121
(4) Each applicant for licensure by endorsement must pass 122
the examination on local, state, and federal laws and rules 123
relating to the disposition of dead human bodies which is 124
required under s. 497.368 and which shall be given by the 125

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licensing authority, except that an applicant for licensure by 126
endorsement under subparagraph (1)(b)1. need not meet any 127
educational or testing requirement other than that required 128
under s. 497.368(2)(a). 129
Section 6. Subsection (4) of section 497.374, Florida 130
Statutes, is amended to read: 131
497.374 Funeral directing; licensure as a funeral director 132
by endorsement; licensure of a temporary funeral director.— 133
(4) Each applicant for licensure by endorsement must pass 134
the examination on local, state, and federal laws and rules 135
relating to the disposition of dead human bodies which is 136
required under s. 497.373 and which shall be given by the 137
licensing authority, except that an applicant for licensure by 138
endorsement under subparagraph (1)(b)1. need not meet any 139
educational or testing requirement other than that required 140
under s. 497.373(2)(b). 141
Section 7. Paragraph (b) of subsection (1) of section 142
497.375, Florida Statutes, is amended to read: 143
497.375 Funeral directing; licensure of a funeral director 144
intern.— 145
(1) 146
(b)1. Except as provided in subparagraph 2., an applicant 147
must hold the educational credentials required for licensure of 148
a funeral director under s. 497.373(1)(d). 149
2. An applicant who has not completed the educational 150

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credentials required for a funeral director license is eligible 151
for licensure as a funeral director intern if the applicant: 152
a. Holds an associate degree or higher in any field from a 153
college or university accredited by a regional accrediting 154
agency recognized by the United States Department of Education. 155
b. Is currently enrolled in and attending a licensing 156
authority-approved course of study in mortuary science or 157
funeral service arts required for licensure of a funeral 158
director under s. 497.373(1)(d)2. 159
c. Has taken and received a passing grade in a college 160
credit course in mortuary law or funeral service law and has 161
taken and received a passing grade in a college credit course in 162
ethics. 163
Section 8. Subsection (3) is added to section 497.376, 164
Florida Statutes, to read: 165
497.376 License as funeral director and embalmer 166
permitted.— 167
(3) An applicant for a combination license as both a 168
funeral director by endorsement under s. 497.374 and embalmer by 169
endorsement under s. 497.369 need not meet any educational or 170
testing requirements other than those required under ss. 171
497.373(2)(b) and 497.368(2)(a). 172
Section 9. Paragraph (a) of subsection (2) of section 173
497.377, Florida Statutes, is amended to read: 174
497.377 Combination funeral director and embalmer 175

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internships.— 176
(2)(a) An applicant who has not completed the educational 177
credentials required for a combination license as both funeral 178
director and embalmer is eligible for licensure as a combination 179
funeral director and embalmer intern if the applicant: 180
1. Is currently enrolled in and attending a college 181
accredited by the American Board of Funeral Service Education 182
(ABFSE) in a course of study in mortuary science accredited by 183
ABFSE; or 184
2. Holds an associate degree or higher in any field from a 185
college or university accredited by a regional accrediting 186
agency recognized by the United States Department of Education. 187
2. Has completed at least 75 percent of the course of 188
study in mortuary science as certified by the college in which 189
the applicant is currently enrolled. 190
3. Has taken and received a passing grade in a college 191
credit course in mortuary law or funeral service law and has 192
taken and received a passing grade in a college credit course in 193
ethics. 194
Section 10. Subsections (6) and (7) of section 497.386, 195
Florida Statutes, are renumbered as subsections (7) and (8), 196
respectively, and a new subsection (6) is added to that section 197
to read: 198
497.386 Storage, preservation, and transportation of human 199
remains.— 200

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(6) If any human remains have been in the lawful 201
possession of a licensee or licensed establishment or facility 202
for at least 90 days and the legally authorized person of the 203
decedent fails, neglects, or refuses to direct the disposition 204
of the human remains, the licensee or licensed establishment or 205
facility having lawful possession of the human remains may 206
dispose of the human remains. 207
Section 11. Subsection (7) of section 497.459, Florida 208
Statutes, is amended to read: 209
497.459 Cancellation of, or default on, preneed contracts; 210
required notice.— 211
(7) NOTICE TO PURCHASER OR LEGALLY AUTHORIZED PERSON.— 212
(a) To ensure the performance of unfulfilled preneed 213
contracts, upon the occurrence of the earliest of any of the 214
following events, a preneed licensee shall provide to the 215
purchaser or to the beneficiary's legally authorized person 216
written notice of the preneed licensee's intent to distribute 217
funds in accordance with the terms of the preneed contract, if 218
any obligation of the preneed licensee remains to be fulfilled 219
under the contract: 220
1. Fifty years after the date of execution of the preneed 221
contract by the purchaser. 222
2. The beneficiary of the preneed contract attains the age 223
of 105 years of age or older. 224
3. The social security number of the beneficiary of the 225

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preneed contract, as shown on the contract, is contained within 226
the United States Social Security Administration Death Master 227
File. 228
(b)1. The notice in paragraph (a) must be provided by e-229
mail, certified mail, registered mail, or permitted delivery 230
service, return receipt requested, to the last known e-mail or 231
mailing address of the purchaser or the beneficiary's legally 232
authorized person, whichever is applicable, as provided to the 233
preneed licensee. If the notice is returned as undeliverable 234
within 30 calendar days after the preneed licensee sent the 235
notice, the trustee shall perform a diligent search and inquiry 236
to obtain a different e-mail address or address for the 237
purchaser or the beneficiary's legally authorized person, 238
whichever is applicable. For purposes of this subparagraph, any 239
address known and used by the purchaser or the beneficiary's 240
legally authorized person, whichever is applicable, for sending 241
regular mailings or other communications from the purchaser or 242
the beneficiary's legally authorized person, whichever is 243
applicable, to the preneed licensee or any address produced 244
through a current address service or searchable database shall 245
be included with other addresses produced from the diligent 246
search and inquiry, if any. If the trustee's diligent search and 247
inquiry produces an address different from the notice address, 248
the trustee shall mail a copy of the notice by certified mail, 249
registered mail, or permitted delivery service, return receipt 250

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requested, to any and all addresses produced as a result of the 251
diligent search and inquiry. 252
2. If the purchaser or the beneficiary's legally 253
authorized person, whichever is applicable, fails to respond to 254
such notice within 120 days after delivery of the last mailed 255
notice under subparagraph 1., the funds held in trust must be 256
distributed in accordance with the terms of the preneed 257
contract, the trust agreement, and any applicable provisions of 258
chapter 717. 259
(c) This subsection does not affect a purchaser's rights 260
to cancel the preneed contract and receive a refund or a preneed 261
licensee's obligations to refund established by this chapter. 262
(d)1. The board may adopt rules to implement this 263
subsection. 264
2. The licensing authority may shall have authority to 265
adopt rules for the review and approval of notice forms used by 266
preneed licensees to provide notice under this subsection. 267
Section 12. Section 497.6065, Florida Statutes, is created 268
to read: 269
497.6065 Natural organic reduction facility; license 270
required.— 271
(1) LICENSE REQUIRED.—A person may not conduct, maintain, 272
manage, or operate a natural organic reduction facility unless a 273
license for such facility has been issued and is in good 274
standing under this section. 275

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(2) APPLICATION PROCEDURES.— 276
(a) A person seeking licensure as a natural organic 277
reduction facility shall apply for such licensure using forms 278
prescribed by rule. 279
(b) The application shall require the name, business 280
address, residence address, date and place of birth or 281
incorporation, and business telephone number of the applicant 282
and all principals of the applicant. The application shall 283
require the applicant's social security number or, if the 284
applicant is an entity, its federal tax identification number. 285
(c) The application shall name the licensed funeral 286
director and national or state certified natural organic 287
reduction operator who will be in charge of the natural organic 288
reduction facility. 289
(d) The application may require information as to the 290
applicant's financial resources. 291
(e) The application may require information as to the 292
educational and employment history of an individual applicant, 293
and as to applicants that are not natural persons, the business 294
and employment history of the applicant and principals of the 295
applicant. 296
(f) The applicant shall be required to make disclosure of 297
the applicant's criminal records, if any, as required by s. 298
497.142. 299
(g) The applicant and its principals shall submit 300

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fingerprints in accordance with s. 497.142. 301
(h) The application shall require the applicant to 302
disclose whether the applicant or any of the applicant's 303
principals, including its proposed supervising licensee, has 304
ever had a license or the authority to practice a profession or 305
occupation refused, suspended, fined, denied, or otherwise acted 306
against or disciplined by the licensing authority of any 307
jurisdiction. A licensing authority's acceptance of a 308
relinquishment of licensure, stipulation, consent order, or 309
other settlement, offered in response to or in anticipation of 310
the filing of charges against the license, shall be construed as 311
action against the license. 312
(i) The application shall require the applicant to 313
demonstrate that the applicant does, or will before commencing 314
operations under the license, comply with all requirements of 315
this chapter relating to the licensure applied for. 316
(j) The application shall be signed in accordance with s. 317
497.141(12). 318
(k) There shall not be any licensure or license renewal 319
fees for natural organic reduction facilities. 320
(3) ACTION CONCERNING APPLICATIONS.—A duly completed 321
application for licensure under this section shall be approved 322
if the licensing authority determines that the following 323
conditions are met: 324
(a) The applicant has been inspected and approved as 325

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meeting all requirements as set forth by the department, the 326
Department of Health, the Department of Environmental 327
Protection, or any local ordinance regulating the facility. 328
(b) The applicant is a natural person at least 18 years of 329
age, a corporation, a partnership, or a limited liability 330
company. 331
(c) The applicant does, or will before commencing 332
operations under the license, comply with all requirements of 333
this chapter relating to the license applied for. 334
(d) The applicant and the applicant's principals are of 335
good character and have no demonstrated history of lack of 336
trustworthiness or integrity in business or professional 337
matters. 338
(4) RULEMAKING.—The department, the Department of Health, 339
and the Department of Environmental Protection shall adopt rules 340
establishing health and environmental inspection standards for 341
natural organic reduction facilities. 342
(5) PROBATIONARY STATUS.—It is the policy of this state to 343
encourage competition for the public benefit in the natural 344
organic reduction facility business by, among other means, the 345
entry of new licensees into that business. To facilitate 346
issuance of licenses concerning applications judged by the 347
licensing authority to be borderline as to qualification for 348
licensure, the licensing authority may issue a new license under 349
this section on a probationary basis, subject to conditions 350

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specified by the licensing authority on a case-by-case basis, 351
which conditions may impose special monitoring, reporting, and 352
restrictions on operations for up to the first 24 months of 353
licensure, to ensure the licensee's responsibleness, competency, 354
financial stability, and compliance with this chapter. However, 355
such a probationary license shall not be issued unless the 356
licensing authority determines that issuance would not pose an 357
unreasonable risk to the public, and the licensing authority 358
must, within 24 months after issuance of the license, either 359
remove the probationary status or determine that the licensee is 360
not qualified for licensure under this chapter and institute 361
proceedings for revocation of licensure. 362
(6) ISSUANCE OF LICENSE.—Upon approval of the application 363
by the licensing authority, the license shall be issued. 364
(7) RENEWAL OF LICENSE.—Licenses under this section shall 365
be renewed annually in accordance with a schedule, forms, and 366
procedures established by rule. 367
(8) CHANGES SUBSEQUENT TO LICENSURE.—Each licensee under 368
this section shall provide notice as required by rule before any 369
change in location, ownership, or control of the licensee or 370
licensed person in charge of the licensee's operations. A change 371
in control is subject to approval by the licensing authority, 372
and to reasonable conditions imposed by the licensing authority, 373
for the protection of the public to ensure compliance with this 374
chapter. Operations by the licensee at a new location may not 375

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commence until an inspection by the licensing authority of the 376
facilities, pursuant to rules of the licensing authority, has 377
been conducted and passed at the new location. 378
(9) SUPERVISION OF FACILITIES.—Each natural organic 379
reduction facility shall have a funeral director in charge for 380
that facility. The funeral director in charge shall be licensed 381
as a funeral director and a nationally certified or state-382
certified natural organic reduction operator. Such funeral 383
director in charge shall be responsible for ensuring that the 384
facility, its operations, and all persons employed in the 385
facility comply with all applicable state and federal laws and 386
rules. A funeral director in charge, with appropriate, active 387
licenses, may serve as a funeral director in charge for not more 388
than a total of two of the following: funeral establishments, 389
centralized embalming facilities, direct disposal 390
establishments, natural organic reduction facilities, or 391
cinerator facilities, as long as the two locations are not more 392
than 75 miles apart as measured in a straight line. 393
(10) REGULATION OF NATURAL ORGANIC REDUCTION FACILITIES.— 394
(a) There shall be established by rule standards for 395
natural organic reduction facilities, including, but not limited 396
to, requirements for refrigeration and storage of dead human 397
bodies, use of forms and contracts, and record retention. 398
(b) The practice of natural organic reduction must be 399
engaged in at a fixed location of at least 1,250 interior 400

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contiguous square feet and must maintain or make arrangements 401
for suitable capacity for the refrigeration and storage of dead 402
human bodies handled and stored by the establishment. 403
(c) No more than one dead human body may be placed in an 404
organic human reduction container at one time, unless written 405
permission has been received from a legally authorized person 406
for each body. 407
(d) Each natural organic reduction facility shall at all 408
times be subject to the inspection of all its buildings, 409
grounds, records, equipment, and vehicles used in the conduct of 410
its business, by the department, the Department of Environmental 411
Protection, the Department of Health, and local government 412
inspectors and by their agents. Rules shall be adopted which 413
establish such inspection requirements. 414
(e) Each natural organic reduction facility must display 415
at its public entrance the name of the facility and the name of 416
the funeral director in charge of that facility. A natural 417
organic reduction facility must transact its business under the 418
name by which it is licensed. 419
(f) Human remains may be transported in a cremation 420
container or stored if they are completely covered and at all 421
times treated with dignity and respect. 422
(g) Rules shall be adopted which require each facility to 423
submit periodic reports to the department which include the 424
names of persons undergoing natural organic reduction, the date 425

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and county of death, the name of each person supervising each 426
natural organic reduction, the name and license number of the 427
establishment requesting natural organic reduction, the types of 428
containers used to hold the body during the natural organic 429
reduction process, the annual quantity of reduced human remains, 430
and any additional information required by rule. 431
(h) The natural organic reduction facility may not offer 432
its services to the public. The facility may only operate 433
through a funeral establishment. 434
(i) Each natural organic reduction facility shall be 435
inspected before the initial issuance of its license and 436
annually thereafter and shall: 437
1. Be at a specific address or location. 438
2. Be at least 1,250 contiguous square feet of space. 439
3. Have at least one operable organic human reduction 440
container. 441
4. Have at least one operable processing station for 442
grinding of organically reduced remains. 443
5. Place human remains in an operable organic human 444
reduction container within 8 hours after receipt, or maintain 445
refrigeration that satisfies the standards set by the Department 446
of Health and contains sufficient refrigerated space for the 447
average daily number of bodies stored. 448
6. Maintain the premises in a clean and sanitary 449
condition. 450

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Section 13. Paragraph (a) of subsection (3) of section 451
497.607, Florida Statutes, is amended to read: 452
497.607 Cremation; procedure required.— 453
(3)(a) With respect to any person who intends to provide 454
for the cremation of the deceased, if, after a period of 90 120 455
days from the time of cremation the cremated remains have not 456
been claimed, the funeral or direct disposal establishment may 457
dispose of the cremated remains. Such disposal shall include 458
scattering them at sea or placing them in a licensed cemetery 459
scattering garden or pond or in a church columbarium or 460
otherwise disposing of the remains as provided by rule. 461
Section 14. Section 497.6075, Florida Statutes, is created 462
to read: 463
497.6075 Natural organic reduction; procedure required.- 464
(1) At the time of the arrangement for a reduction 465
performed by any person licensed pursuant to this chapter, the 466
legally authorized person contracting for reduction services 467
shall be required to designate her or his intentions with 468
respect to disposition of the reduced remains of the deceased in 469
a signed declaration of intent which shall be provided by and 470
retained by the funeral or direct disposal establishment. A 471
reduction may not be performed until a legally authorized person 472
gives written authorization, which may include the declaration 473
of intent to dispose of the reduction remains, for such natural 474
organic reduction process. The reduction must be initiated 475

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within 48 hours after a specified time which has been agreed to 476
in writing by the person authorizing the reduction. A funeral 477
establishment making arrangements for a reduction shall not be 478
responsible for or take possession of unclaimed reduced remains. 479
(2) Reduced remains are not property, as defined in s. 480
731.201, and are not subject to partition for purposes of 481
distribution under s. 733.814. A division of reduced remains 482
requires the consent of the legally authorized person who 483
approved the reduction or, if the legally authorized person is 484
the decedent, the next legally authorized person pursuant to s. 485
497.005(43). A dispute regarding the division of reduced remains 486
shall be resolved by a court of competent jurisdiction. 487
(3) With respect to any person who intends to provide for 488
the reduction of the deceased, if, after a period of 120 days 489
from the time the reduction is finalized, the reduced remains 490
have not been claimed, the funeral establishment may dispose of 491
the reduced remains. Such disposal shall include placement 492
within a conservation area or otherwise disposing of the remains 493
as provided by rule. 494
(4) The board may adopt and enforce such rules and 495
regulations as may be reasonable and necessary to provide for 496
the sanitary disposal of dead human bodies by natural organic 497
reduction and prevent the spread of disease and to protect the 498
health, safety, and welfare of the people of this state. Such 499
rules and regulations may include required inspections of any 500

CS/HB 1231 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1231-01-c1
Page 21 of 21
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

natural organic reduction container by the manufacturer or other 501
authorized repair company once every year to ensure proper 502
operations. 503
(5) Upon completion of the reduction process, the reduced 504
remains shall be pulverized until no single fragment is 505
recognizable as skeletal tissue. Such pulverized remains shall 506
then be transferred to a container or multiple containers, if so 507
requested by the legally authorized person, and delivered to the 508
legally authorized person or otherwise disposed of as set forth 509
herein. 510
Section 15. Subsection (5) of section 627.404, Florida 511
Statutes, is amended to read: 512
627.404 Insurable interest; personal insurance.— 513
(5) A contract of insurance upon a person, other than a 514
preneed contract, a policy of group life insurance, or a policy 515
of group or blanket accident, health, or disability insurance, 516
may not be effectuated unless, on or before the time of entering 517
into such contract, the person insured, having legal capacity to 518
contract, applies for or consents in writing to the contract and 519
its terms, except that any person having an insurable interest 520
in the life of a minor younger than 15 years of age or any 521
person upon whom a minor younger than 15 years of age is 522
dependent for support and maintenance may effectuate a policy of 523
insurance on the minor. 524
Section 16. This act shall take effect July 1, 2026. 525