Funeral, Cemetery, and Consumer Services

ENROLLED

2026

Legislature

CS for CS for SB 598

2026598er
1
2 An act relating to funeral, cemetery, and consumer
3 services; amending s. 497.164, F.S.; prohibiting a
4 licensee of funeral or cemetery services from entering
5 into certain contracts, agreements, or arrangements;
6 amending s. 497.263, F.S.; revising the procedures for
7 applicants seeking a cemetery license; amending s.
8 497.270, F.S.; conforming a provision to changes made
9 by the act; amending s. 497.369, F.S.; revising the
10 requirements for an applicant seeking licensure by
11 endorsement to be an embalmer; amending s. 497.374,
12 F.S.; revising the requirements for an applicant
13 seeking licensure by endorsement to be a funeral
14 director; amending s. 497.375, F.S.; deleting an
15 exception to the educational requirements for an
16 applicant seeking licensure to be a funeral director;
17 amending s. 497.376, F.S.; revising the requirements
18 for an applicant seeking a license by endorsement as a
19 combination funeral director and embalmer; amending s.
20 497.377, F.S.; revising the educational requirements
21 for licensure to be a combination funeral director and
22 embalmer intern; amending s. 497.386, F.S.;
23 authorizing a licensee or a licensed facility to
24 dispose of human remains in a specified manner if the
25 legally authorized person of the decedent fails,
26 neglects, or refuses to direct the disposition;
27 amending s. 497.459, F.S.; revising the method in
28 which a preneed licensee must send written notice to
29 cancel a preneed contract; authorizing the Board of
30 Funeral, Cemetery, and Consumer Services to adopt
31 rules; amending s. 497.607, F.S.; revising the
32 timeframe after which a funeral or direct disposal
33 establishment may dispose of cremated remains if the
34 remains have not been claimed; amending s. 627.404,
35 F.S.; revising the exceptions to the prohibition
36 relating to personal insurance; reenacting s.
37 497.260(5), F.S., relating to cemeteries, exemptions,
38 investigations, and mediation, to incorporate the
39 amendment made to s. 497.263, F.S., in a reference
40 thereto; providing an effective date.
41
42 Be It Enacted by the Legislature of the State of Florida:
43
44 Section 1. Subsection (6) is added to section 497.164,
45 Florida Statutes, to read:
46 497.164 Solicitation of goods or services.—
47
(6) A licensee under this chapter may not enter into a

48
contract, agreement
,
or other arrangement
in which

such
licensee

49
or any affiliated licensee becomes the exclusive or sole

50
provider of funeral, cremation, refrigeration, or removal

51
services for any entity that provides medical, palliative, or

52
other end
-
of
-
life care and services to the general public.

53 Section 2. Paragraph (g) of subsection (2) of section
54 497.263, Florida Statutes, is amended to read:
55 497.263 Cemetery companies; license required; licensure
56 requirements and procedures.—
57 (2) APPLICATION PROCEDURES.—
58 (g) The proposed cemetery must contain at least 30
59
contiguous
acres.
Such acreage must be contiguous, except that

60
parcels of land divided solely by a public right-of-way or

61
public road may be considered contiguous, provided the parcels

62
are in close geographic proximity and form a unified cemetery

63
property. The application must state the exact number of acres

64
in the proposed cemetery and must identify any public rights-of

65
way or roads dividing the parcels. Parcels located in separate

66
or distant geographic areas, even if along the same roadway or

67
corridor, do not satisfy the contiguity requirement of this

68
paragraph

The application shall state the exact number of acres

69
in the proposed cemetery
.
70 Section 3. Subsection (2) of section 497.270, Florida
71 Statutes, is amended to read:
72 497.270 Minimum acreage; sale or disposition of cemetery
73 lands.—
74 (2) Any lands owned by a licensee and dedicated for use by
75 it as a cemetery, which
meet the criteria set forth in s.

76
497.263(2)(g)

are in excess of a minimum of 30 contiguous acres
,
77 may be sold, conveyed, or disposed of by the licensee, after
78 obtaining written approval pursuant to procedures and
using

79
utilizing
forms specified by rule and consistent with subsection
80 (3), for use by the new owner for other purposes than as a
81 cemetery. All of the human remains which have been previously
82 interred therein
must

shall
first
be

have been
removed from the
83 lands proposed to be sold, conveyed, or disposed of; however,
84
the provisions of
ss. 497.152(8)(e) and 497.384 must be complied
85 with
before

prior to
any disinterment of human remains.
Any and

86 All titles, interests, or burial rights which may have been sold
87 or contracted to be sold in lands which are the subject of the
88 sale
must

shall
be conveyed to and revested in the licensee
89
before

prior to
consummation of any such sale, conveyance, or
90 disposition.
91 Section 4. Subsection (4) of section 497.369, Florida
92 Statutes, is amended to read:
93 497.369 Embalmers; licensure as an embalmer by endorsement;
94 licensure of a temporary embalmer.—
95 (4) Each applicant for licensure by endorsement
shall

must

96 pass the examination on local, state, and federal laws and rules
97 relating to the disposition of dead human bodies
which is

98 required under s. 497.368 and which shall be given by the
99 licensing authority
. Licensure by endorsement under subparagraph

100
(1)(b)1.
d
oes not require any educational or testing

101
requirements other than those required in this subsection
.
102 Section 5. Subsection (4) of section 497.374, Florida
103 Statutes, is amended to read:
104 497.374 Funeral directing; licensure as a funeral director
105 by endorsement; licensure of a temporary funeral director.—
106 (4) Each applicant for licensure by endorsement
shall

must

107 pass the examination on local, state, and federal laws and rules
108 relating to the disposition of dead human bodies
which is

109 required under s. 497.373 and which shall be given by the
110 licensing authority
. Licensure by endorsement under subparagraph

111
(1)(b)1. does not require education or testing requirements

112
other than those required in s. 497.373(2)(b)
.
113 Section 6. Paragraph (b) of subsection (1) of section
114 497.375, Florida Statutes, is amended to read:
115 497.375 Funeral directing; licensure of a funeral director
116 intern.—
117 (1)
118 (b)1. Except as provided in subparagraph 2., an applicant
119 must hold the educational credentials required for licensure of
120 a funeral director under s. 497.373(1)(d).
121 2. An applicant who has not completed the educational
122 credentials required for a funeral director license is eligible
123 for licensure as a funeral director intern if the applicant:
124 a. Holds an associate degree or higher in any field from a
125 college or university accredited by a regional accrediting
126 agency recognized by the United States Department of Education.
127 b. Is currently enrolled in and attending a licensing
128 authority-approved course of study in mortuary science or
129 funeral service arts required for licensure of a funeral
130 director under s. 497.373(1)(d)2.
131
c. Has taken and received a passing grade in a college

132
credit course in mortuary law or funeral service law and has

133
taken and received a passing grade in a college credit course in

134
ethics.

135 Section 7. Subsection (3) is added to section 497.376,
136 Florida Statutes, to read:
137 497.376 License as funeral director and embalmer
138 permitted.—
139
(3) An applicant for a combination license
by endorsement

140
as
a funeral director

and embalmer
under s. 497.
373

and
s.

141
497.
369, respectively,

is not required to
meet any educational

142
or testing requirements other than those in s
s
. 497.373(2)(b)

143
and
497.369(4).

144 Section 8. Paragraph (a) of subsection (2) of section
145 497.377, Florida Statutes, is amended to read:
146 497.377 Combination funeral director and embalmer
147 internships.—
148 (2)(a) An applicant who has not completed the educational
149 credentials required for a combination license as both funeral
150 director and embalmer is eligible for licensure as a combination
151 funeral director and embalmer intern if the applicant:
152 1.
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
or

156
2.
Is currently enrolled in and attending a college
157 accredited by the American Board of Funeral Service Education
158 (ABFSE) in a course of study in mortuary science accredited by
159 ABFSE.
160
2. Has completed at least 75 percent of the course of study

161
in mortuary science as certified by the college in which the

162
applicant is currently enrolled.

163
3. Has taken and received a passing grade in a college

164
credit course in mortuary law or funeral service law and has

165
taken and received a passing grade in a college credit course in

166
ethics.

167 Section 9. Present subsections (6) and (7) of section
168 497.386, Florida Statutes, are redesignated as subsections (7)
169 and (8), respectively, and a new subsection (6) is added to that
170 section, to read:
171 497.386 Storage, preservation, and transportation of human
172 remains.—
173
(6) If any human remains have been in the lawful possession

174
of any licensee or licensed facility for 90 days or more, and

175
the legally authorized person of the decedent fails, neglects,

176
or refuses to direct the disposition, the licensee or licensed

177
facility may dispose of the human remains.

178 Section 10. Paragraph (b) of subsection (7) of section
179 497.459, Florida Statutes, is amended to read:
180 497.459 Cancellation of, or default on, preneed contracts;
181 required notice.—
182 (7) NOTICE TO PURCHASER OR LEGALLY AUTHORIZED PERSON.—
183 (b)1. The notice in paragraph (a) must be provided by
184 certified mail, registered mail, or permitted delivery service
,

185
return receipt requested
, to the last known
e-mail or
mailing
186 address of the purchaser or the beneficiary’s legally authorized
187 person, whichever is applicable, as provided to the preneed
188 licensee. If the notice is returned as undeliverable within 30
189 calendar days after the preneed licensee sent the notice, the
190 trustee
must

shall
perform a diligent search and inquiry to
191 obtain a different
e-mail or mailing
address for the purchaser
192 or the beneficiary’s legally authorized person, whichever is
193 applicable.
The board may adopt rules to implement this

194
subparagraph

For purposes of this subparagraph, any address

195
known and used by the purchaser or the beneficiary’s legally

196
authorized person, whichever is applicable, for sending regular

197
mailings or other communications from the purchaser or the

198
beneficiary’s legally authorized person, whichever is

199
applicable, to the preneed licensee or any address produced

200
through a current address service or searchable database shall

201
be included with other addresses produced from the diligent

202
search and inquiry, if any. If the trustee’s diligent search and

203
inquiry produces an address different from the notice address,

204
the trustee shall mail a copy of the notice by certified mail,

205
registered mail, or permitted delivery service, return receipt

206
requested, to any and all addresses produced as a result of the

207
diligent search and inquiry
.
208 2. If the purchaser or the beneficiary’s legally authorized
209 person, whichever is applicable, fails to respond to such notice
210 within 120 days after delivery of the last mailed notice under
211 subparagraph 1., the funds held in trust must be distributed in
212 accordance with the terms of the preneed contract, the trust
213 agreement, and any applicable provisions of chapter 717.
214 Section 11. Paragraph (a) of subsection (3) of section
215 497.607, Florida Statutes, is amended to read:
216 497.607 Cremation; procedure required.—
217 (3)(a) With respect to any person who intends to provide
218 for the cremation of the deceased, if
,
after
90

a period of 120

219 days from the time of cremation the cremated remains have not
220 been claimed, the funeral or direct disposal establishment may
221 dispose of the cremated remains. Such disposal
includes

shall

222
include
scattering them at sea or placing them in a licensed
223 cemetery scattering garden or pond or in a church columbarium or
224 otherwise disposing of the remains as provided by rule.
225 Section 12. Subsection (5) of section 627.404, Florida
226 Statutes, is amended to read:
227 627.404 Insurable interest; personal insurance.—
228 (5) A contract of insurance upon a person, other than a
229 policy of
prepaid funeral contract,
group life insurance or
230 group or blanket accident, health, or disability insurance, may
231 not be
carried out

effectuated
unless, on or before the time of
232 entering into such contract, the person insured, having legal
233 capacity to contract, applies for or consents in writing to the
234 contract and its terms, except that any person having an
235 insurable interest in the life of a minor younger than 15 years
236 of age or any person upon whom a minor younger than 15 years of
237 age is dependent for support and maintenance may
obtain

238
effectuate
a policy of insurance on the minor.
239 Section 13. For the purpose of incorporating the amendment
240 made by this act to section 497.263, Florida Statutes, in a
241 reference thereto, subsection (5) of section 497.260, Florida
242 Statutes, is reenacted to read:
243 497.260 Cemeteries; exemption; investigation and
244 mediation.—
245 (5) Any religious-institution-owned cemetery exempt under
246 subsection (1), except those cemeteries qualifying under
247 paragraph (1)(d), which becomes affiliated with a commercial
248 enterprise must meet the requirements of s. 497.263.
249 Section 14. This act shall take effect July 1, 2026.