THE BILL ITSELF
CS/CS/SB 598
Funeral, Cemetery, and Consumer Services
ENROLLED
2026
Legislature CS for CS for SB 598 2026598er
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.
42
Be It Enacted by the Legislature of the State of Florida:
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. does 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 ss. 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.