HomeMy WebLinkAbout2013 08 12 Public Hearing 500 Ordinance 2013-08, Second Reading - C1, C2, CC Text Amendment COMMISSION AGENDA
Informational
Consent
ITEM 500 Public Hearin s X
g
Regular
August 12, 2013 KS RS
Regular Meeting City Manager Department
REQUEST:
The Community Development Department — Planning Division requests the City
Commission consider second reading and approval of Ordinance 2013-08, which proposes
text amendments to the permitted use and conditional use sections of the G 1
(Neighborhood Commercial), C-2 (General Commercial), and CC (Commerce Center)
zoning districts.
SYNOPSIS:
Ordinance 2013-08 proposes text amendments to the permitted use and conditional use
sections of the G1 (Neighborhood Commercial), C-2 (General Commercial), and CC
(Commerce Center) zoning districts. Specifically, the ordinance proposes amending the list
of conditional uses in the G1 zoning district to include funeral homes and mortuaries, and
the list of permitted uses in the C-2 zoning district to include funeral homes and mortuaries.
Currently, funeral homes and mortuaries are permitted in the C-2 zoning district only as a
conditional use. Additionally, Ordinance 2013-08 proposes to amend the list of permitted
uses in the CC zoning district to include crematoriums.
At the July 10, 2013 Planning & Zoning Board meeting, the Board recommended approval
of Ordinance 2013-08 with a 4-1 vote subject to the phrase "start-up" being struck from
Section 20-345, "In General" of the CC zoning district. The Planning & Zoning Board
believes the CC zoning district is not an area of the City that is intended for start-up
industry, but is the home of businesses that are not transitory in nature.
Public Hearings 500 PAGE 1 OF 4-August 12,2013
CONSIDERATIONS:
APPLICABLE LAW, PUBLIC POLICY, AND EVENTS
Florida Statutes 163.2511-163.3246 : (Provides that land development regulations for
municipal planning be consistent with the Comprehensive Plan).
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions.
Winter Springs Charter Article IV. Governing Body.
Section 4.06. General powers and duties.
Section 4.15. Ordinances in General.
City of Winter Springs Comprehensive Plan
Winter Springs Code of Ordinances - Chapter 20, Division 7, Division 8, Division 14
Ordinance 2013-08 proposes text amendments to permit funeral homes and mortuaries as a
Conditional Use in the G1 (Neighborhood Commercial) zoning district, and as a permitted
use in the C-2 (General Commercial) zoning district.
Banfield Funeral Home is located at 420 W. State Road 434 in the G1 (Neighborhood
Commercial) zoning district. According to the owner, the funeral home has been operating
in this location for approximately 25 years. Upon inquiry with the Planning Department, the
owner learned that the funeral home is not a permitted use in the G1 zoning district and is
considered a valid nonconforming use in the G1 zoning district. As a result of this situation
and in an effort to update the City's Code of Ordinances to recognize new technologies and
trends in the funeral home industry, staff is proposing Ordinance 2013-08 to amend the list
of conditional uses in the G1 zoning district to include funeral homes and mortuaries.
Staff's research has confirmed that funeral homes and mortuaries are appropriate as a
Conditional Use in the G1 zoning district as this zoning district is intended for commercial
uses of a lighter intensity that are not detrimental to adjacent residential zoning districts.
Additionally, allowing funeral homes and mortuaries as a Conditional Use in the G1 zoning
district will afford the City Commission additional review of the proposed use and will
allow the imposition of any conditions that the Commission feels are necessary to make the
use compatible with permitted uses in the surrounding area.
Currently, funeral homes and mortuaries are permitted in the C-2 zoning district as a
Conditional Use. Staff is proposing to amend the list of permitted uses in the C-2 zoning
district to include funeral homes and mortuaries as a permitted use instead of a conditional
use. The C-2 zoning district is an appropriate location for funeral homes and mortuaries as
this zoning district is intended to serve the commercial needs of the entire community, and
properties zoned C-2 are easily serviced by collector and major arterial roads adaptable to
higher traffic generating commercial uses.
Staff performed research to determine whether neighboring jurisdictions permit funeral
homes and mortuaries as a permitted and/or a Conditional Use in certain zoning districts.
Altamonte Springs permits funeral homes only as a Conditional Use in two zoning districts.
Apopka permits funeral homes that only perform funeral rites in their Retail Commercial
zoning district and permit funeral homes that engage in embalming and preparation of
bodies for burial in their C-2 zoning district. Casselberry permits funeral homes only as a
Conditional Use in three zoning districts. DeLand permits funeral homes, mortuaries, and
crematoriums in their Business Retail District, General Commercial District, Downtown
Commercial District and their Industrial district. Oviedo permits funeral homes in seven of
the city's zoning districts. Sanford permits funeral homes in four zoning districts.
Public Hearings 500 PAGE 2 OF 4-August 12,2013
In addition to proposed text amendments to the permitted and conditional use sections of the
G1 and C-2 zoning districts, City staff is proposing a text amendment to amend the list of
permitted uses in the CC zoning district to include crematoriums. Currently, crematoriums
are not permitted in the CC zoning district or in any zoning district of the City. Several
months ago, the City received a request to permit a crematorium in the CC (Commerce
Center) zoning district. The CC zoning district is the smallest zoning district in the City
area-wide and is concentrated along Belle Avenue, on the western edges of the City. Per the
Code of Ordinances this zoning district is intended to "encourage and develop start-up
industry of an exceptionally clean, non-obj ectionable type and permit the normal operation
of land uses listed hereunder under such conditions of operation that will protect any
abutting residential and other noncommercial uses, minimize the interruption of traffic
along adjacent thoroughfares, and promote aesthetic and architectural harmony,
attractiveness, and compatibility within the community and abide by the performance and
development standards of the city, county, state and U.S. government."
To determine the viability of a crematorium in the CC zoning district, City staff performed
research to determine whether crematoriums are an exceptionally clean, non-objectionable
use, or if they are noxious uses that produce smells and noise that are noticeable to the
surrounding properties.
Crematoriums are regulated by Florida Statute Chapter 497, Part VI. Per Florida Statute,
a "cinerator" facility is required to be licensed and regulated through the State of Florida.
Each facility is subj ect at all times to inspection by State and local inspectors and their
agents. Additionally, each facility is required to submit reports to the State that includes the
names of people that are cremated, the date and county of death, the name of each person
supervising each cremation, the name and license number of the establishment requesting
cremation, and the types of containers used to hold the body during cremation. Additionally,
appropriate permits from the Florida Department of Environmental Protection are required
to be obtained by operators.
Staff performed research to determine whether neighboring jurisdictions permit
crematoriums. DeLand permits funeral homes, mortuaries, and crematoriums in their
Business Retail District, General Commercial District, Downtown Commercial District and
their Industrial district. Sanford permits crematoriums in their Industrial zoning districts.
Other jurisdictions that were surveyed do not permit crematoriums.
Furthermore, the future land use designation of the CC zoning district is "Industrial", which
includes very light, light and heavy uses. Adding crematoriums to the list of permitted uses
in the CC (Commerce Center) zoning district does not appear to pose any negative impacts
to the surrounding properties or businesses. Research reveals them to be an exceptionally
clean, non-obj ectionable use, and the inclusion of crematoriums as a permitted use does not
appear to alter the established character of the CC zoning district.
At the July 10, 2013 Planning & Zoning Board meeting, the Board recommended approval
of Ordinance 2013-08 with a 4-1 vote subject to the revision Section 20-345, "In General"
of the CC zoning district to remove the phrase "start-up" from the description of the zoning
district. The Planning & Zoning Board believes the CC zoning district is not an area of the
City that is intended for start-up industry, but is the home of businesses that are not
transitory in nature.
Public Hearings 500 PAGE 3 OF 4-August 12,2013
FISCAL IMPACT:
There is no direct fiscal impact to the City as a result of the text amendments proposed via
Ordinance 2013-08. The proposed changes reflect current industry standards that make
these types of uses more compatible with the surrounding properties. The proposed text
amendments are among other on-going efforts to update the City's Code of Ordinances and
to lesson certain superfluous regulations to doing business within the City.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas/Agenda Item information, Homeowner's Associations/Representatives
on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at five (5) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
This item was advertised in the Orlando Sentinel on July 11, 2013.
RECOMMENDATION:
Staff and the Planning & Zoning Board recommend the City Commission hold a public
hearing for second reading of Ordinance 2013-08 and approve said ordinance, which
proposes text amendments to the permitted uses and Conditional Use sections of the G1
(Neighborhood Commercial), C-2 (General Commercial), and CC (Commerce Center)
zoning districts, and strikes the phrase "start-up" from Section 20-345, "In General" of the
CC zoning district.
ATTACHMENTS:
A. Ordinance 2013-08
B. City Code of Ordinances - Chapter 20, Division 7, G1 zoning district
Chapter 20, Division 8, C-2 zoning district
Chapter 20, Division 14, CC zoning district
C. Florida Statute - Chapter 497, Part VI
D. Minutes, July 10, 2013 Planning& Zoning Board meeting
E. Advertisement, Orlando Sentinel - July 11, 2013
Public Hearings 500 PAGE 4 OF 4-August 12,2013
Attachment "A"
ORDINANCE NO. 2013-08
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA; AMENDING CHAPTER 20. ZONING, OF THE
CODE OF ORDINANCES; AMENDING THE C-1
NEIGHBORHOOD COMMERCIAL DISTRICT TO ADD
MORTUARIES AND FUNERAL HOMES AS A
CONDITIONAL USE; AMENDING THE C-2 GENERAL
COMMERCIAL DISTRICT TO ADD MORTUARIES AND
FUNERAL HOMES AS A PERMITTED USE; AMENDING
THE CC COMMERCE CENTER DISTRICT TO ADD
CREMATORIES AS A PERMITTED USE; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY,AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City's C-1 Neighborhood Commercial District is intended to provide,
among other things, office-oriented professional services which serve the community; and
WHEREAS,the City's C-2 General Commercial District is intended to provide for a variety
of commercial operations which serve the commercial needs of the community and are not
detrimental to the adj acent noncommercial uses; and
WHEREAS, the City believes that mortuaries and funeral homes provide important
professional and commercial services to the Winter Springs community consistent with the intent
of the C-1 and C-2 Districts; and
WHEREAS,the City Commission desires to amend the City's C-1 District to add mortuaries
and funeral homes as a conditional use, and to amend the City's C-2 District to add mortuaries and
funeral homes as a permitted use; and
WHEREAS, the City's CC Commerce Center District is intended to provide for a variety
of small scale commercial and light industrial uses which serve the needs of the community without
generating excessive traffic; and
WHEREAS, the City believes that crematories serve the needs of the community and that
the use is appropriate within the City's CC District as a permitted use; and
City of Winter Springs
Ordinance No.2013-08
Page 1 of 5
WHEREAS, the City Commission of the City of Winter Springs,Florida,hereby finds this
ordinance to be in the best interests of the public health,safety,and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Code Amendment. The City of Winter Springs Code of Ordinances,Chapter
20. Zoning, is hereby amended as follows (underlined type indicates additions and�orrt type
indicates deletions,while asterisks(* * *)indicate a deletion from the Ordinance of text existing in
Chapter 20. It is intended that the text in Chapter 20 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this ordinance):
CHAPTER 20. ZONING
� � �
ARTICLE III. ESTABLISHMENT OF DISTRICTS
� � �
DIVISION 7. C-1 NEIGHBORHOOD COMMERCIAL DISTRICT
� � �
Sec. 20-234. - Conditional uses.
� � �
� Mortuaries and funeral homes.
� � �
DIVISION 8. C-2 GENERAL COMMERCIAL DISTRICT
� � �
Sec. 20-252. - Uses permitted.
City of Winter Springs
Ordinance No.2013-08
Page 2 of 5
Within C-2 General Commercial District,no building, structure,land or water shall be used
except for one(1) or more of the following uses:
� � �
36 Mortuaries and funeral homes.
� � �
Sec. 20-254. - Conditional Uses.
� � �
�
(5 6) Multiple-family residential with a maximum allowable density no greater than that
allowed under Medium Density Residential future land use designation and with at least two
(2)parking spaces for each unit provided within an enclosed garage;
�6�) Small-scale cabinet makers, furniture assembly, and woodworking shops (not to
exceed 2,500 sq. ft.);
(7$) Small-scale clothing manufacturing (not to exceed 2.500 sq. ft.).
* * *
DIVISION 14. CC COMMERCE CENTER ZONING DISTRICT
Sec. 20-345. In general.
The provisions of this district are intended to apply to lands suitable for a wide variety of
small scale (less than seven thousand five hundred (7,500) square feet) commercial and light
industrial tenants in divided warehouses which serve the needs of the community without generating
excessive traffic from clientele and suppliers of materials.The purpose of this district is to encourage
and develop �rt�zp industry of an exceptionally clean, non-objectionable type and permit the
normal operation of land uses listed hereunder under such conditions of operation that will protect
any abutting residential and other noncommercial uses, minimize the interruption of traffic along
adjacent thoroughfares, and promote aesthetic and architectural harmony, attractiveness, and
compatibility within the community and abide by the performance and development standards of the
city, county, state and U.S. government. Areas of the city for which this zoning category is
appropriate are designated on the future land use map as "industrial."
City of Winter Springs
Ordinance No.2013-08
Page 3 of 5
� � �
Sec. 20-345.1 - Uses permitted.
Within the CC Commerce Center Zoning District,no building,structure,land or water shall
be used except for one (1) or more of the following uses:
� � �
20 Crematories.
� � �
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission,or parts ofprior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical,typographical,and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction,whether for substantive,procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City
Charter.
[ADOPTION PAGE FOLLOWS]
City of Winter Springs
Ordinance No.2013-08
Page 4 of 5
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of , 2013.
CHARLES LACEY, Mayor
ATTEST:
ANDREA LORENZO-LUACES
City Clerk
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR THE CITY OF WINTER SPRINGS ONLY.
ANTHONY A. GARGANESE
City Attorney
lst Legal Ad Published:
First Reading:
2nd Legal Ad Published:
Effective Date:
City of Winter Springs
Ordinance No.2013-08
Page 5 of 5
Attachment " B "
PART II -CODE OF ORDINANCES
Chapter 20-ZONING
ARTICLE III. - ESTABLISHMENT OF DISTRICTS
DIVISION 7. -C-1 NEIGHBORHOOD COMMERCIAL DISTRICTS
Sec. 20-232. - Uses permitted.
Sec. 20-233. - Reserved.
Sec. 20-234. - Conditional uses.
Sec. 20-235. - Buildinq heiqht requlations.
Sec. 20-236. - Overlav district requlations.
Sec. 20-237. - Bulk requlations.
Sec. 20-238. - Off-street parkinq requlations.
Sec. 20-239. - Reserved.
Secs. 20-240-20-250. - Reserved.
The C-1 Neighborhood Commercial District consists of lands abutting principal streets, the frontages
of which are especially adaptable to selected light retail sales and services and office-oriented
professional services which serve the community and which are not detrimental to adjacent residential
districts. Adjoining these lands are residential districts that would be adversely affected by a greater
diversification of uses creating serious problems of traffic movement and generation. The land uses under
this district shall promote spaciousness of land uses, minimize traffic along adjacent thoroughfares and
within residential districts, promote aesthetic and architectural harmony, attractiveness, and compatibility
with nearby residential districts and within the community, and abide by the performance and
development standards of the city, county, state, and U.S. government. Areas of the city for which this
zoning category are appropriate are designated on the future land use map as "commercial."
(Ord. No. 44, § 44.46, 1-8-68; Ord. No. 2002-07, § 4, 7-8-02; Ord. No. 2004-28, §2, 7-12-04)
(a) Within any C-1 Neighborhood Commercial District, no building, structure, land or water shall be used
except for one (1) or more of the following uses:
(1) Advertising agencies;
(2) Alcoholic beverage sales (package);
(3) Alcoholic beverage on-premises consumption;
(4) Alterations and tailoring;
(5) Animal hospitals and veterinary clinics (with no outside kennels);
(6) Antique and gift shop;
(7) Appliances, sales and service;
(8) Art supplies and picture framing shops;
(9) Artists' (such as painters, sculptors, and craftmakers) studios;
(10) Attorneys;
(11) Automotive accessories sales;
(12) Bakery, retail;
(13) Bathroom accessories;
Winter Springs, Florida, Code of Ordinances Page 1
PART II -CODE OF ORDINANCES
Chapter 20-ZONING
ARTICLE III. - ESTABLISHMENT OF DISTRICTS
DIVISION 7. -C-1 NEIGHBORHOOD COMMERCIAL DISTRICTS
(14) Bicycles, sales and service (including rentals);
(15) Bookstores, stationery and office supplies, newsstands;
(16) Bookkeepers;
(17) Butcher shop, retail only;
(18) Cleaners;
(19) Coin dealers;
(20) Computers, hardware, software, and other electronics sales and service;
(21) Confectionery and ice cream stores (including outside dining);
(22) Copy shops;
(23) Cultural institutions (such as museums, etc.);
(24) Dance and music studios;
(25) Day nurseries, kindergartens and day care;
(26) Drug and sundry stores;
(27) Employment agencies;
(28) Financial institutions, banks, savings and loan;
(29) Floor coverings;
(30) Florist and gift shops (including outdoor display and sales);
(31) Formal wear rentals;
(32) Furniture, retail, new and used;
(33) Grocers, retail; those whose business include and are limited to the retail sale of groceries
including produce, meats and household goods but shall not include the sale of gasoline;
(34) Gun shop;
(35) Hair and beauty salons (including nail salons);
(36) Hardware stores;
(37) Health and exercise clubs and athletic training facilities;
(38) Health food;
(39) Hobby and craft shops; fabric stores;
(40) Hospitals, and nursing homes;
(41) Hypnotists;
(42) Ice, retail
(43) Insurance;
(44) Interior decorating and draperies;
(45) Jewelry stores;
(46) Launderettes and laundromats;
Winter Springs, Florida, Code of Ordinances Page 2
PART II -CODE OF ORDINANCES
Chapter 20-ZONING
ARTICLE III. - ESTABLISHMENT OF DISTRICTS
DIVISION 7. -C-1 NEIGHBORHOOD COMMERCIAL DISTRICTS
(47) Libraries;
(48) Loan companies;
(49) Locksmiths;
(50) Luggage shops;
(51) Medical and dental clinics and laboratories;
(52) Micro-breweries and micro-wineries;
(53) Nurseries, plants, trees, etc., retail (including outdoor display and sales);
(54) Offices, professional and business;
(55) Outdoor advertising signs sales offices;
(56) Paint store;
(57) Parking garages;
(58) Pet shops and grooming;
(59) Photographic studios;
(60) Post office;
(61) Private clubs and lodges;
(62) Public and government services;
(63) Radio and TV sales and service;
(64) Religious assembly;
(65) Rental shops;
(66) Retirement homes;
(67) Restaurants and outdoor dining; cafes;
(68) Schools, public, private and parochial, service vocational schools (such as cosmetology,
medical and dental assistant's training) requiring no mechanical equipment;
(69) Shoe repair shops;
(70) Skating rinks;
(71) Sporting goods, retail;
(72) Swimming pool sales, service and supplies;
(73) Tailoring shops;
(74) Taxidermists;
(75) Telephone business office and exchanges and telemarketers (No dispatch);
(76) Title companies;
(77) Tobacco shops;
(78) Toy stores;
(79) Travel agencies;
Winter Springs, Florida, Code of Ordinances Page 3
PART II -CODE OF ORDINANCES
Chapter 20-ZONING
ARTICLE III. - ESTABLISHMENT OF DISTRICTS
DIVISION 7. -C-1 NEIGHBORHOOD COMMERCIAL DISTRICTS
(80) Wearing apparel stores;
(81) Public recreational facilities.
(b) Outdoor display and/or sales are prohibited except by conditional use.
(Ord. No. 44, § 44.47, 1-8-68; Ord. No. 264, § 1, 7-13-82; Ord. No. 619, § 1, 7-8-96; Ord. No. 2002-
07, § 4, 7-8-02; Ord. No. 2004-28, § 2, 7-12-04; Ord. No. 2004-49, § 2, 12-13-04; Ord. No. 2006-19,
§ 2, 11-13-06)
Editor's note-
Ord. No. 2003-36, § 5, adopted Oct. 13, 2003, repealed former section 20-233 in its entirety
which pertained to nonconforming uses and derived from Ord. No. 44, § 44.47.1, Jan. 8,
1968; Ord. No. 264, § 1, July 13, 1982.
(1) Amusement and recreational parks and centers (including golf driving ranges, miniature golf courses,
billiard halls, children's play centers, bowling alleys and similar uses), excluding public recreational
areas and facilities which shall be permitted under section 20-232(81);
(2) Animal hospitals and veterinary clinics with outside kennels;
(3) Car wash;
(4) Convenience markets and stores and self-service gasoline sales;
(5) Multiple-family residential with a maximum allowable density no greater than that allowed under a
medium density residential future land use designation and with at least two (2) parking spaces for
each unit provided within an enclosed garage.
(Ord. No. 44, § 44.48, 1-8-68; Ord. No. 240, § 8, 5-26-81; Ord. No. 2004-28, § 2, 7-12-04; Ord. No.
2006-19, § 2, 11-13-06)
In C-1 Neighborhood Commercial Districts, the building height shall not exceed fifty (50)feet.
(Ord. No. 44, § 44.49, 1-8-68)
Overlay district regulations may apply.
(Ord. No. 44, § 44.50, 1-8-68; Ord. No. 2004-28, § 2, 7-12-04)
(1) Minimum front setback: Twenty-five (25)ft.
(2) Minimum rear and side setback: Fifteen (15) ft.
(3) The total impervious surface area shall not exceed seventy-five (75) percent of the total site.
(Ord. No. 44, § 44.51, 1-8-68; Ord. No. 2004-28, § 2, 7-12-04)
Section 9-276 et seq. as to off-street parking regulations in C-1 Neighborhood Commercial Districts
shall apply.
(Ord. No. 44, § 44.52, 1-8-68)
Editor's note-
Winter Springs, Florida, Code of Ordinances Page 4
PART II -CODE OF ORDINANCES
Chapter 20-ZONING
ARTICLE III. - ESTABLISHMENT OF DISTRICTS
DIVISION 7. -C-1 NEIGHBORHOOD COMMERCIAL DISTRICTS
Ord. No. 2000-07, § 2, adopted May 8, 2000, repealed former 20-239 in its entirety which
pertained to the requirement of a wall between commercial and residential developments
and derived from Ord. No. 710, § II, adopted Jan. 11, 1999.
Winter Springs, Florida, Code of Ordinances Page 5
PART II -CODE OF ORDINANCES
Chapter 20-ZONING
ARTICLE III. - ESTABLISHMENT OF DISTRICTS
DIVISION 8. -C-2 GENERAL COMMERCIAL DISTRICT
Sec. 20-252. - Uses permitted.
Sec. 20-253. - Buildinq heiqht requlations.
Sec. 20-254. - Conditional uses.
Sec. 20-255. - Bulk requlations.
Sec. 20-256. - Supplemental outdoor storaqe and warehousinq requirements.
Sec. 20-257. - Reserved.
The lands of the C-2 General Commercial District are to be used by a variety of commercial
operations which serve the commercial needs of the community. The purpose of this district is to permit
the normal operation of the majority of general commercial uses under such conditions of operation as
will protect abutting residential and other noncommercial uses, minimize the interruption of traffic along
adjacent thoroughfares, promote aesthetic and architectural harmony, attractiveness, and compatibility
within the community, and abide by the performance and development standards of the city, county, state
and U.S. government. This district is intended for lands adjacent to or easily serviced by collector and
major arterial roads adaptable to higher traffic generating general commercial uses.
(Ord. No. 44, § 44.53, 1-8-68; Ord. No. 2002-07, § 3, 7-8-02)
Within C-2 General Commercial District, no building, structure, land or water shall be used except for
one (1) or more of the following uses:
(1) Any permitted use allowed in C-1 Neighborhood Commercial Districts;
(2) Automotive sales;
(3) Automotive renting and leasing;
(4) Automotive tires;
(5) Baker, wholesale;
(6) Boat sales;
(7) Building and plumbing supplies;
(8) Bus terminal;
(9) Cold storage and frozen food lockers;
(10) Convenience markets and stores;
(11) Cultural institutions (such as museums and art galleries;
(12) Feed stores;
(13) Offices, professional and business;
(14) Gas, bottled;
(15) Grocers, wholesale;
(16) Ice, wholesale;
(17) Industrial trade, professional and vocational schools, not involving operations of an industrial
nature;
Winter Springs, Florida, Code of Ordinances Page 1
PART II -CODE OF ORDINANCES
Chapter 20-ZONING
ARTICLE III. - ESTABLISHMENT OF DISTRICTS
DIVISION 8. -C-2 GENERAL COMMERCIAL DISTRICT
(18) Full-service gas stations, as an accessory use to a convenience store and satisfying any
distance requirement established by City Code;
(19) Veterinarian and accessory kennels;
(20) Laboratories for testing materials and chemical analysis of a nonindustrial nature;
(21) Lumber and building supplies in an enclosed building or structure;
(22) Mobile home sales;
(23) Movers;
(24) Nurseries, plants, trees; wholesale;
(25) Home and general commercial Pest control (exterminating) of a nonindustrial nature;
(26) Printers, commercial;
(27) Public and government services;
(28) Recreational vehicles;
(29) Swimming pool contractors, equipment storage;
(30) Taxicabs;
(31) Wholesale meat and produce distributors.
(32) Automotive/boat/manufactured home minor service and minor repair establishments (including
filling stations, repair garages and similar non-intense uses), provided that all activity shall be
conducted within a completely enclosed building and there is no outdoor storage of any kind;
(33) Radio and television studios and offices.
(34) Outdoor storage facility specifically designed for the parking and storage of vehicles, equipment,
goods and materials, provided said storage occurs on real property located adjacent to a state
collector road and within and adjacent to an electric transmission line right-of-way/easement,
and railroad track right-of-way/easement. Said facility shall be subject to the supplemental
regulations set forth in section 20-256
(35) A single warehouse building not to exceed twenty-seven thousand (27,000) square feet and
twenty-five (25) feet in height, provided the warehouse building is located adjacent to a
functional railroad line and used in conjunction, in whole or in part, with the storage of products
that are unloaded from railroad lines for wholesale or retail sale. No outdoor storage of products
and materials shall be permitted unless expressly authorized by City Code. Said warehouse
shall be subject to the supplemental regulations set forth in section 20-256
(Ord. No. 44, § 44.54, 1-8-68; Ord. No. 265, § 1, 7-13-82; Ord. No. 619, § 1, 7-8-96; Ord. No. 2001-
50, § 2, 10-22-01; Ord. No. 2002-07, § 3, 7-8-02; Ord. No. 2004-28, § 2, 7-12-04; Ord. No. 2008-10,
§ 2, 8-11-08)
No building or structure shall exceed fifty (50)feet in height.
(Ord. No. 44, § 44.55, 1-8-68; Ord. No. 2004-28, § 2, 7-12-04)
(1) Amusement and recreational parks and centers (including golf driving ranges, miniature golf courses,
billiard halls, children's play centers, bowling alleys, and similar uses);
(2) Automotive/boat/manufactured home major service and major repair establishments (including body
repairs and painting and similar heavy type uses);
Winter Springs, Florida, Code of Ordinances Page 2
PART II -CODE OF ORDINANCES
Chapter 20-ZONING
ARTICLE III. - ESTABLISHMENT OF DISTRICTS
DIVISION 8. -C-2 GENERAL COMMERCIAL DISTRICT
(3) Car wash;
(4) Halfway houses, group homes, and similar uses;
(5) Mortuary and funeral homes;
(6) Multiple-family residential with a maximum allowable density no greater than that allowed under a
Medium Density Residential future land use designation and with at least two (2) parking spaces for
each unit provided within an enclosed garage;
(7) Small-scale cabinet makers, furniture assembly, and woodworking shops (not to exceed 2,500 sq.
ft.);
(8) Small-scale clothing manufacturing (not to exceed 2,500 sq. ft.);
(Ord. No. 2002-07, § 3, 7-8-02; Ord. No. 2004-28, §2, 7-12-04)
(1) Minimum front setback: Twenty-five (25)ft.
(2) Minimum side and rear setback: Fifteen (15) ft.
(3) The total impervious surface area shall not exceed seventy-five (75) percent of the total site.
(Ord. No. 2004-28, § 2, 7-12-04)
In addition to other applicable provisions of the City Code and other requirements imposed by the
city in accordance with the city's development review process (including site plan review), open storage
uses under this division shall also be subject to the following requirements:
(1) Outdoor storage shall be screened from streets by a ten (10) foot decorative masonry wall with
any gates being opaque. Any automobile, boat, boat trailer, watercraft, motor home, travel
trailer, equine trailer, recreational vehicle, and other vehicle and equipment, materials and
goods stored under this division shall not be visible from any public collector road. In order to
prevent visibility from public streets, the following minimum standards shall apply: (i) no vehicle,
equipment, goods, or materials in excess of ten (10) feet in height shall be stored along or
adjacent to the ten (10) foot decorative masonry wall; and (ii) no vehicle, equipment, goods or
materials shall be stored on the real property in excess of thirteen and one-half (13'h) feet in
height.
(2) The following vehicles and equipment may be stored on the property;
a. Any vehicle permitted within a residential zoning category as more specifically provided in
section 20-434
b. No more than twelve (12) spaces shall be allowed for over the road type semi tractors
and/or tractor trailers designed with fifty wheel attachment components, loaded or
unloaded, attached together or unattached, in any of the twelve (12) spaces. No more than
one (1) attached or unattached over the road semi tractor/trailer unit shall be allowed in
any one (1) space.
c. Boats, boat trailers, water craft, residential vehicles, motor homes, travel trailers and
equine trailers.
d. Take home "on call" repair and service vehicles that are operated by persons off duty, but
in an "on call"work status for responding to emergencies.
e. Vintage, classic or other vehicles which are awaiting or undergoing restoration provided
that the restoration work is not performed on the property, the vehicle is fully in tact, and
the vehicle is not stored for a period of more than one (1) year.
Winter Springs, Florida, Code of Ordinances Page 3
PART II -CODE OF ORDINANCES
Chapter 20-ZONING
ARTICLE III. - ESTABLISHMENT OF DISTRICTS
DIVISION 8. -C-2 GENERAL COMMERCIAL DISTRICT
f. Service vehicles and equipment which are necessary for the operation and maintenance of
the uses expressly authorized on the property by City Code.
g. Construction vehicles and equipment stored on a trailer, provided the construction vehicle
and equipment do not violate the express prohibitions in subsection (3).
h. No more than six (6) spaces shall be allowed for dump trucks and dump truck trailer units
designed with spindle hitch type attachment components, loaded or unloaded, attached
together or unattached, in any of the six (6) spaces. No more than one (1) attached or
unattached unit shall be allowed in any one (1) space.
i. Unlimited dual wheel single axle truck/trailer units not exceeding twenty-six thousand
(26,000) gross vehicle weight (G.V.W.).
(3) Unless otherwise expressly authorized in subsection (2), the storage of all other vehicles and
equipment shall be prohibited. Without limiting the aforementioned prohibition, the storage of
the following vehicles are expressly prohibited:
a. More than twelve (12) over the road semi tractor/trailer units as described in subsection
2.b.
b. Any vehicle that exceeds thirteen and one-half (13'h) feet in height, inclusive of any
equipment, vehicles, cargo, or materials stored on top of the vehicle.
c. Any vehicle requiring a special permit from the Florida Department of Transportation.
d. Any wrecked vehicles, vehicles being stripped for parts, or vehicles awaiting salvage or
recycling.
e. Any vehicle functionally inoperable other than vehicles in the process of being restored as
provided herein.
f. Except as provided herein, heavy construction vehicles and equipment including, but not
limited to, dump trucks, motor graders, bulldozers, front end loaders, cranes, derricks, and
other earth and material excavating, hauling, grading, and lifting equipment over twenty-six
(26,000) pounds of gross weight.
g. More than six (6) dump truck/trailer units as described in subsection 2.h.
(4) Bulk storage of flammable/hazardous materials shall be prohibited.
(5) Warehouse buildings used in conjunction with the use authorized under section 20-252(34) may
be constructed up to the railroad right-of-way boundary provided said construction is permitted
by the railroad company.
(6) On-site light, minor maintenance and cleaning of any vehicle permitted by this division is
allowed. However, the following shall be strictly prohibited: refueling, oil and engine fluid
changes, major restoration, part salvage, major part replacement, engine repair, transmission
repair, body repair, and other heavy and major repairs.
(7) Indoor and outdoor storage facilities for vehicles permitted under this division shall be open to
the general public for a space rental fee.
(8) Storage of junk is strictly prohibited.
(9) Vehicles permitted under this division shall not be used as living quarters.
(10) Not more than a total of five (5) cargo or shipping containers shall be stored at any one time on
the property.
Winter Springs, Florida, Code of Ordinances Page 4
PART II -CODE OF ORDINANCES
Chapter 20-ZONING
ARTICLE III. - ESTABLISHMENT OF DISTRICTS
DIVISION 8. -C-2 GENERAL COMMERCIAL DISTRICT
(11) Cargo transfer operations are strictly prohibited except to transfer goods and materials to and
from a warehouse building authorized under this division.
(12) Trucking terminal operations are strictly prohibited except to transfer goods and materials to and
from a warehouse building authorized under this division.
(13) Twenty-four-hour security personnel and/or security equipment shall be provided to provide
reasonable protection of buildings located, and vehicles, equipment, goods and materials
stored, on the property.
(14) The property shall not be used for fleet parking of commercial vehicles nor shall the property be
used as a centralized parking facility or staging area for construction vehicles and equipment.
(15) Parking surfaces on the property shall be improved to meet City paving and drainage codes.
However, R.A.P parking improvements shall be permitted in storage areas provided that the
main drive aisles are paved with asphalt or concrete.
(Ord. No. 2008-10, § 2, 8-11-08)
Winter Springs, Florida, Code of Ordinances Page 5
PART II -CODE OF ORDINANCES
Chapter 20-ZONING
ARTICLE III. - ESTABLISHMENT OF DISTRICTS
DIVISION 14. -CC COMMERCE CENTER ZONING DISTRICT.
Sec. 20-345. - In qeneral.
Sec. 20-345.1. - Uses permitted.
Section 20-345.2. - Building heiqht restrictions.
Sec. 20-345.3. - Conditional uses.
Sec. 20-345.4. - Bulk requlations.
The provisions of this district are intended to apply to lands suitable for a wide variety of small scale
(less than seven thousand five hundred (7,500) square feet) commercial and light industrial tenants in
divided warehouses which serve the needs of the community without generating excessive traffic from
clientele and suppliers of materials. The purpose of this district is to encourage and develop start-up
industry of an exceptionally clean, non-objectionable type and permit the normal operation of land uses
listed hereunder under such conditions of operation that will protect any abutting residential and other
noncommercial uses, minimize the interruption of traffic along adjacent thoroughfares, and promote
aesthetic and architectural harmony, attractiveness, and compatibility within the community and abide by
the performance and development standards of the city, county, state and U.S. government. Areas of the
city for which this zoning category is appropriate are designated on the future land use map as
"industrial."
(Ord. No. 2004-02, § 2, 2-9-04; Ord. No. 2011-06, §2, 6-27-11)
Within the CC Commerce Center Zoning District, no building, structure, land or water shall be used
except for one (1) or more of the following uses:
(1) Light manufacturing, processing, and/or assembly; wholesale sales and distribution of:
a. Audio books;
b. Bakery products;
c. Bottling plants;
d. Brooms and brushes;
e. Candy and confectionery products;
f. Ceramics and pottery;
g. Cosmetics and toiletries;
h. Customized cabinetry, furniture, or other specialty woodworking shop;
i. Dairy products;
j. Dentallabs;
k. Electrical machinery and equipment;
I. Electronic equipment; software development;
m. Floral arrangements;
n. Garments, textile products including draperies;
o. Glass and glass products;
Winter Springs, Florida, Code of Ordinances Page 1
PART II -CODE OF ORDINANCES
Chapter 20-ZONING
ARTICLE III. - ESTABLISHMENT OF DISTRICTS
DIVISION 14. -CC COMMERCE CENTER ZONING DISTRICT.
p. Jewelry;
q. Optical equipment;
r. Material or product packaging;
s. Medical supplies (with limited rental);
t. Perfume;
u. Pharmaceutical products;
v. Photographic equipment and supplies;
w. Plastic products, except pyroxylin;
x. Precision instruments and machinery;
y. Promotional products;
z Recreational equipment;
aa. Screen printing;
bb. Soap products and candles;
cc. Shoes and leather goods (except leather processing);
dd. Signs;
ee. Silverware and utensils;
ff. Specialty foods;
gg. Specialty merchandise;
hh. Species and spice packaging;
ii. Stationery;
jj. Toys;
kk. Vehicle accessories and parts;
II. Window coverings;
(2) Catering.
(3) Equipment service and installation.
(4) Landscaping services.
(5) Offices and studios including:
a. Advertising and marketing;
b. Artists, such as painters, sculptors, and craftmakers;
c. Auctioneers;
d. Consultants;
e. Contractors;
f. Graphic arts, design;
g. Mail order addressing;
Winter Springs, Florida, Code of Ordinances Page 2
PART II -CODE OF ORDINANCES
Chapter 20-ZONING
ARTICLE III. - ESTABLISHMENT OF DISTRICTS
DIVISION 14. -CC COMMERCE CENTER ZONING DISTRICT.
h. Musicians;
i. Photography;
j. Radio and television;
k. Real estate brokers;
I. Telephone sales solicitors;
m. Utility management services;
n. Vehicle brokers or agents;
o. Wholesale sales and distribution; and
p. Wrecker and towing service.
(6) Packing and shipping services.
(7) Paint stores.
(8) Printing, bookbinding, engraving, and publishing plants.
(9) Public and governmental services and facilities.
(10) Record management, data processing services, data storage facilities.
(11) Research, development, and laboratory facilities.
(12) Testing of materials, equipment, and products.
(13) Technical and trade instruction.
(14) Vehicle repair(does not include body work or painting).
(15) Vehicle upholstery.
(16) Window tinting.
(17) Warehousing and storage in enclosed buildings or structures (including cold storage and frozen
food lockers).
(18) Wholesale sales and distribution.
(19) Retail sales directly associated with a permitted use authorized by this Section, provided the
retail sales are ancillary, secondary, and incidental to the permitted use.
(Ord. No. 2004-02, § 2, 2-9-04)
No building or structure shall exceed thirty-five (35) feet.
(Ord. No. 2004-02, § 2, 2-9-04)
(1) Light manufacturing, processing, and assembly not listed above.
(2) Health and exercise clubs and instruction which generate traffic from clientele.
(3) Laundry and dry cleaning (with non-flammable solvents only).
(4) Outside storage if screened from streets and adjacent properties by a masonry wall with an opaque
gate.
(Ord. No. 2004-02, § 2, 2-9-04; Ord. No. 2011-06, §2, 6-27-11)
Winter Springs, Florida, Code of Ordinances Page 3
PART II -CODE OF ORDINANCES
Chapter 20-ZONING
ARTICLE III. - ESTABLISHMENT OF DISTRICTS
DIVISION 14. -CC COMMERCE CENTER ZONING DISTRICT.
(1) All uses shall be maintained within an enclosed permanent building with no outside storage, unless
permitted by conditional use.
(2) Maximum tenant area: Seven thousand five hundred (7,500) square feet.
(3) Minimum front setback: Twenty-five (25)ft.
(4) Minimum side and rear setback: Fifteen (15) feet.
(Ord. No. 2004-02, § 2, 2-9-04; Ord. No. 2011-06, §2, 6-27-11)
Winter Springs, Florida, Code of Ordinances Page 4
Statutes & Const�tution :View Statutes : Online Swn.shine Page 1 of 11
Attachment " C "
PART VI
CR�MATION, CREMATORIES, AN�
D�RECT DISPOSITION
497.6�1 Direct disposition; duties.
497.602 Direct dispos�rs, license required; licensing procedures and criteria; reg�lation.
497.603 Direct disposers, renewal o�' 19cense.
497.604 Direct disposal establishments, license required; �icensing prvicedures and criteria;
license renewal; regu[ation; display of license.
497.6�5 Dir�ct disposition not funera! cfirecting.
497.606 Cinerator facility, licensure requir�d; [icensing procedures and criteria; license
renewal; regulation.
497.607 Cremation; procedure required.
497.b�8 Liability for unintentional cor�mingli�g of the residue of the cremation proc�ss.
497.6�39 Liabili�y of direct disposers, direct disposa[ establishments, funeral direc�ors,
funera[ establishments, and cinerator facilities regarding eremation.
497.6�1 Dir�ct disposition; duties.--
(1) Those indi�iduals licensed as direct disposers may perform only those fur�ctions set forkh
befow:
(a) Remove human remains from the place of deat� and store human rernains in registered
direct dispasal establishments,
(b} Secure �ertinent infarmation from the decedent's r�ext of kin in order to complete the
death certifica�e and to file for the necessary ��rmits for direc� di�pasition.
(c) �btain the necessary permits for direct disposition and arrange for obituaries and death
n€��ices to be p[aced in newspapers; provided, hawever, tha� the name of the direct disposa!
establishmer�t may not appear in any death natice or obituary if any f�neral service,
memorial servic�, flr graveside serviee is to take place and such service is mentinned in the
death natice or obituary.
(d} Refrigerate }�uman rernains priar to dir�ct disposition and transport hurnan remains to a
direc� c[isposal. estabfishrnent for direct disposition.
(e} Co�tract with a rerno�al service or refrigeration fac�lity to provide such services or
facilities ta a direct disposal estab[ishment.
{2) Direct disposers or funeral directors functianing as direct disposers may not, in their
capacity as direct disposers, s�ll, conduet, or arrange for burials, funeral services, memoria{
services, visitations, ar viewings; hold thernsei�es out to the public as funeral directors; ar
use any name, title, ar advertisement �ha� may tend to cannote that they are funeral
directors. These prohibitions sha[! apply regardless af the fac� that such individuals may be
iicer�sed as fiunerai directors.
(3) Provided tha� direct disposers limit tf�eir activities to those functions set forth in
subsect�an (1), those actiuit9es st�alE no� be deerned to canstitute funeral directing or
embalming or the fur�ctions performed by a funeral director or embalmer as o�herwise set
forth in �his chapter.
History.—s. 15, ch. 93-399; s. 67, ch. 94-119; s, 12�, ch. 2004-301.
Note.—Former s. 470.0165.
497.60� Direct disposers, license required; licensing procedures and criteria; reguEation.—
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Statutes & Constihition :View Statutes : Online Suz�shine Pa�e �, of 11
(1) L.TCENSE R�QUTR�17,—Ar�y persan who is not a licensed funeral direc�or and who
engages in the practice of direct disposition must be licensed purs�aant to this section as a
direct disposer.
(2) APPLICATIQN PROCE�URES.—
(a) A person seeking licensure as a direct disposer shall apply for such licensure using forms
prescribed by rule.
(b) The application shali require the narne, residence address, date and place of birth, and
social security number of the �pplicant.
(c) The application may reguire [nformatian as to the educatinnal and emp{oyment history
of the applicant.
(d} The applicant shall be required to make disclosure of the applicant's criminal recards, if
any, as required by s. 497.142.
(e) The application shall require the applicant to disclose whether the applicant has ever
had a �icense or tFte authority to practice a profession or occupation refused, suspended�
fined, denied, or atherwise acted against or disciplined by the I�censing authority of any
jurisdiction. A licensing autharity"s acceptance of a relinquishment of licensure, st�pulation,
consent order, or ather settlement, off'ered in res�or�se �o or in anticipation of the filing of
charges against the licens�, shall be eonstrued as action against the license.
(f) The applicant shall subrnit fingerprints in accordance wit}� s. 497.142.
(g) Tl�e application shall re�uire the applicant to demonstrate �hat the applicant does, or
will be�ore commer�cing operations under the license, comply with al1 requirements of this
chapter relating to the licensure appliec[ for.
(h} T�e applicat�on shal! be signed by the ap�licant.
(i) The application shall be accompanied by a nonrefu�dable fee of $30�. The licensing
authori�y may fram tirr�e to time increase the ��� by rufe but not to exceed more than $500.
(3} ACTION CONCERNII�G APPLICATI�NS.—A duly completed application for licensure
�nder this section, accompanied by the required �ees, shall be approved if the licensing
�uthori�y deterfnines that �h� �'ollowing conditions are rrEet:
(a) The applicant is a natural person at least 18 years of age and a high school graduate or
equivaient.
(b} The appiicant has taken and recei�ed a passing grade i� a college credit course in
mortuary I�v;r and has taken and recefrred a passing grade in a college credit caurse in etl�ics,
(c) The applicant has campleted a course on com�nunicable diseases appro�ed by the
(icensing authority.
(d) The applicant has passed an examination pre�ared by the departrnent on the locaE,
s�ate, and feder�l laws and ru[es relating to the c[isposition of dead hurrian bodies.
(e) The applicant does or will prior to commencing operations under the 19cense camply with
alk rec��airer�ents af this chapter relating to the license appl�ed far.
(fj The applicant is of good charac�er and has no cfernonstrated history of lack of
trustworthiness ar integrity in business or professional ma'tters.
(4) ISSUANCE O� LICENS�.—Upon appraval of the applica�ion by the licensing a€athority,
the license sl�al[ be issued.
HIStOry.—SS. 1, 5, Ch, 79-231; ss. 2, 3, ch. 81-318; S. �., ch. $9-8; SS. 16, 122, Ch. 93-399;
s. 6$, ch. 94-1].9; s. 127, ch. 20fl4-301; s. 46, ch. ZQ05-1S5; s. 26, ch. 2010-1Z5.
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Statutes &Constitut�on :View Statutes : Online Sunshine Page 3 af 1 J.
Note.—Former s. 470.017.
497.603 �irect disposers, renewal of license.—
(1) A direct disposer's license shall be renewed upon receipt of the renewal appiication a�d
fee set by rule af the licensing authority bu� not to exteed $500.
(2) The licensing au�hority shall adopt rules es�abiishing �roced�res, fiorms, and a schedule
for the biennial renewal of c�irect disposer [icenses. The rules shall require continuing
education of up to 6 classroorr� hours, incluc[ing, but not limited to, a cours� an
cammunicable diseases approvec[ by t{�e Iicensing authority, and may es�ablish criterEa for
accepting alternat�ve nonclassroom contir�uing education on an hour-for-hour basis.
History.—ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-�18; s. 1, ch. 89-8; 55. 17, 1ZZ, ch. 9�-�99;
s. Z11, ch. 94-�.I9; s. 5, ch. 98-Z98; s. 27, ch. 2000-356; s. 128, ch. Z004-301; s. 102, ch.
20a5°2; s. 47, ch. 20�5-155; s. 27, ch. 2010-125.
I�ote.—Former s. 47�.018.
497.604 Direct c(isposaE establishments, license required; licensing procedures and cri�eria;
(icense renewal; regulation; display of license.—
(1) LICENSE REQUTRED.—A direct disposer shall practice at a c[�rect disposal establishment
which has been licensec� under this sectian and which may be a cinerator facility licer�sed
under s. 497.6Q6. No person may open or rnaintai€� an es�ablishment at which to engage in
or hold herself or himself out as engaging in tl�e prac�ice of dErect disposition unless such
est�bli$hmer�t is licensed pursuant to thi� section.
(2) APP�IC/�TION PROCEDURES.—
(a) A person seeking lieensure as a direct disposa[ establishment shall a�ply for such
licensure using forrns prescribed by rule.
(b) The appiication shall require the name, business address, residence address, date ar�c[
place of birth or incorporation, and business phone number, of the applicant ar�d all principals
of the applitar�t. The application shall require tf�e applicant's social security number or, if �h�
applican� is an entity, its federa6 tax identification number.
(c) The application shall name t}�e [icensed direct cfisposer ar licens�d funeral director acting
as the direct disposer in charge of the direct dispasal establishrnent,
(d) The application may require information as to the applicant's financial resources.
(e) The application may require information as tn the educational and empfoyrnent history
af an individ�al applicant; and as to applicants �hat are not natural persans, the business and
employmer�t history of the app[icant and principals of the appiicant.
(f) The applicant shall be required ta make disclosure af the applicant's criminal records, if
ar�y, as required by s. 497.142.
(g) The applicatian shall require the applicant to disc[ose whether the applicant or any of
the ap{�licant's principaEs including its proposed supervising �icensee has ever had a license or
the authority to practice a profession or ocCUpation refused, suspended, fined, denied, or
otherv�rise act�d against or disciplined by the licensing authority of any jurisdiction. A
ficensing authority's acceptance of a relinquishment of licensure, stipufation, consent order,
or other settlement, ofFered i� response to or in anticipa�ion of the �iling of charges against
the E�cense, shall be canstrued as action against the license.
(h) The applicant shall submit fingerprints in accordance with s. �97.142.
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Statutes & Co�stitution :View Statutes : Online Sunsk�ine Page 4 of 11
(i} The application shall require the applicant to derrio�strate that the app[�cant does, or will
before commencing operations under the license, carrEply with alf requirements of tl�is
chapter relating to the [icensure applied for.
(j} T�e application shall be signed in accordance with s. 497.141(1Z}.
(k) The application sha[I be accompar�ied by a nanref�ndabie fee of �3D0. The licensing
au�hori�y may from time ta tir�e by ru[e increase the fee but not to exceed $500.
(3} ACTION CONCERNING APPLiCATIO�lS.—A duly comple�ed applieation for IiCensure
under tF�is seetion, accarn�anied by the required fee, shall be �ppro�ed if the licensing
a�athority determines t�at the fo[lowing conditions are met;
(a) The applicant is a i�atural person at least 1.$ years of age, a corpora�ion, a partnership,
ar a limited liabili�y company.
(b) The applicant does or will prior ta cammer�cing operations under the licer�se comply with
all requirements of this chapter relating to tl�e license appiied for. The applicant shall have
passed an inspection prior to issuance n� a lice�se under this section, in accordar�ce with
rules of the licensing authority.
{c) The app[icant and the applicant's principals are of good ch�racter and hav� r�o
demonstrated history of lack of�rustworthiness or integrity in busin�ss or professionaf
rnatters.
(4) ISSIfANCE O� LiCENSE.—Upon approval of the application by the licensing authority,
the license shall be issued.
(5) PROBATIONARY STATUS.—It is the policy of this state to enca�rage compe�ition for the
public benefit in the direc� disposal establishment business by, among other means, the
entry of new lice�sees into tha� business. To fa�ilitate issuance of licenses concerning
appfications judged by the licensing authority to be borderline as to qualification for
licensure, th� [icensing authority may issue a n�w license under this section on a
probationary bas9s, subject to co�ditians speci�ed by the licensing au�thariry on a case-by-
ease basis, which conditions may impose special monitoring, reporting, and restrictions nn
operations for up �o the first 24 mon�hs of licens�re, tv ensure tf�e licensee's
responsiblenes�, campetency, financial stability, and campEiance with �his chapter. I�owever,
no such probationary license shall be issued unless t1�e licensing authorrty deterrnines that
issuance wauld not pose an unreasonable risk ta the public, and the licensing authority rrtust
within 24 mon��s a�er issuance ofi the license either remo�e the probationary status or
d�terrnine that the licen�ee is not quafified for licensure under this chapter and institute
proceedings for revocation of licensure.
(6) RENEWAL �� �.ICENS�.—A direc� disposal establishmer�t license shali be renewed
bienr�ial[y pursuant to schedule, �arms, and procec[ures and upon payment of a fee of $20�.
The licensing authnrity may �rom time to time incre�se the f�e by rule but not to exceed
$400.
(7) CNANGES SUBSFQUENT TO L�CENStJRE.—Each licensee under this section shall pro�icfe
notice as required �y rule prior to any change in iacatian or control of the licensee or licensed
person in charge of tF�e licensee's operations. A change in cantro[ is subject to approval by
the licensing authari�y and to reasona}�{e conditions imposed by the licensing authority, for
the protection of th� public to ensure compliance wi�h �his chapter. Operations by the
licensee at a new location may not commence until an inspec�ion by the Eicensing autharity of
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�tatutes & Constztutioz� :View Statutes : Online Sunshi�e Page 5 of 11
�he facilities at the new locatian, pursuant to ru[es of the licensing authority, has be�n
conducted and passed.
(8) SIJPERVISFON 4�' FACILITIES,—
(a} Effective October 1, 2010, each direct dispos�f es�ablis�ment shall ha�e one fufi-t�me
licensed funeral director acting as the direct dispose�r in charge. However, a licensed direct
dispnser may continue acting as the direct disposer in cl�arge, if, as of September 30, 2010:
1. The direet disposal establisFtment and the licenseci di€�ect cfispaser both have active, valid
licenses.
2. The iieensed direct dispaser is currently acting as the direct disposer in charge of the
direct disposal establishment.
3. The narrEe of tl�e Iicensecl direct disposer was included, as rec{uired in paragraph {2)(c), in
the direct dispasa[ establishment's most recent application for issua�rce or renewal of its
license or was included in the establishment`s notice of change provided under suE�sectian
(�)�
(b} The licensed funeral directar nr licensed direct disposer in charge of a direct disposa[
establishment must be reasonably available to the public during norrrial bu�siness hours for
the establishment and may be in charge of or�ly one direct disposal estab[ishment. The
iicensed funeral director or licensed direct c[isposer in charge of the estab{ishment is
responsible f�r making sur� the facikity, its operations, and al! persans employed in the
facility com�fy with all applicab[e state and feder�[ laws and rules.
(9} REGULATION OF DIRECT DTSPOSAL ESTABLISHMENTS.-�
{a) There shall be estab[ished by rule standards for cEirect disposal establishmen�s,
including, but not limited to, requirements for refrigeration and storage of dead human
bodies.
(b) T�� practice of direct disposition must be engaged in at a fixed location of a� least 625
interior con�ig�aous square feet and must maintain or make arrangements for suitab{e
capacity for the refrigeration and storage of dead h�man bodies handled and s�ored by th�
estabiishment.
(c) Each direct disposal establishment shall at all ti�nes be subjeet to the inspection of all its
buildi�gs, grounds, and vehicles used in the conduct af its business, by the departrnent, the
Department of F[ealth, ar�d local government inspectors and by their agents. There shall be
adopted rules which �stablish sueh inspection requirements. There shali be ado�ted by rule
of the licensing authority an annual inspectian fee not to exceed $300, payab�e upon
issuance of license and upon each renewal o�such licanse.
(d} Each direct disposal establishment must displ�y at the public entrance the name of the
estabEishment and the narne o�the licensed direct disposer or licensed funeral director acting
as the direct disposer in charge of the establishment. A direct disposal es�ablishment must
transact i�s b�siness under tf�e name by which i� is licensed.
(ej A direct disposa! establishment may no� be operated at the same location as any ather
direct disposal estabfishmen� ar funera[ establishment unless such establist�men�s were
Eicensed as colocated est�blishments on July 1, �000.
(f) A direct dis�osal establishment shall retain al! signed contracts for a period of at least 2
years.
(10) DISPLAY OF LICE�ISE.—
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Statutes & Constitution :View Statutes : Online Sunshine Page 6 of 11
(a) A direct disposer establishment and each direct disposer, or funeral di�ector acting as a
direct disposer, empfoyed at the establishmer�t rr�ust display their curren� licenses in a
conspicunus pEace within t}�e estab[ishment in such a manner as to make the licenses �isible
ta the public and to facilitate ic�spection by the licensing authority. If a licensee is
simultaneously empiayed at more �han one locatior�, �l�e licensee may display a copy of the
license in lieu of the original.
(b} Each licer�see shall permanently affix a phntograph taECen of the licensee within �he
previous 6 years to each dispfayed license issued to that lice�see as a direct dispos�r or
funeral director ac�ing as a direct disposer.
�listory.—ss. 1, 5, ch. 79-Z31; ss. 2, 3, Ch. 81-318; ss. 13, 43, ch. 82-179; s. 1, ch. 89-8; s.
45, ch. 89-162; s. 23, ch, $9-374; ss. 20, 122� ch. 93-399; s. 71, ch. 94-i19; s. ��9, eh. 97
-1�3; s, 229, ch. 99-8; s. 28, ch. 2000-356; s. 129, ch. 2Q04-301; s. 143, ch. 2�05-2; s.
48, eh. 2005-155, s. 28, ch. 2010-125.
Note.—Former s. 47�.Q21. .
497.60� �irect disposit�or� not fUneral directing.—The duties, functions, and ser�ices
performed by a direct c[isposer licer�se�, as provic{ed by this c�apter, shall not be deemed to
canstitute funeral dir�c�ing ar embalrning or the duties, functions, or services per�ormed by a
funeral director or emE�alrr�er as otherwise defined and provided by this chapter.
History.—ss. 1, 5, ch. 79-2�31; ss. 2, 3, ch. 81-31$; s. 1, ch. 89-5; s. 122, ch. 93-399; s.
130, ch. 2004-301.
Note.—Former s. 470.022.
497.506 Cinerator facility, licensure req�ired; licens[r�g �roced�res and cri�eria; license
re�ewal; regulation.—
(1) LICENSE R�QUIRED.—No person may conduct, maintair�, manage, or operate a
cir�era�or facility unless a licer�se far sucf� facility has been issued and is in good standing
under this section.
(2} APPLICATI�N PROCEDURES.—
(a) A person seeking licens�re as a cinerator fa�ility shal[ apply for such licensure using
farms prescribed by rule.
(b) The application shali require the name, business address, residence address, date and
place of birth or incorporation, ar�d busir�ess phone number, o��he appfica�t and all princi�als
o�F the applicant. The app[ication shall req�ire the applicant's social sec�rity number or, if the
applicant is an entity, it� federal tax identification number.
(c) The application sha[( name the licensed funeral director or licensed direct dispns�r who
will be in c[�arge nf the cinerator �acility.
(d) The application may require informa�ion as to the applicant's financial resources.
(e� The applicatian rr�ay require information as to the educational and employment history
of an individual applicant, and as to applicants that are not natural persons, the business and
emplayment history of the applicant and principaEs ofi the applicant.
(f} Tl�e applicant sha[I be required �o rriake disclosure of the applican�'s criminal records, if
any, as required by s. 497.142.
(g} The application sE�alf require the applicant to disclose whe�her the applicant ar any of
the applicant's princi��ls including i�s proposed supervising licensee i�as ever had a license or
the authority to practice a profession or occupation �efused, suspended, fir�ed, denied, or
otherwise acted against or disciplined by the licer�sing authority of any juri�diction. A
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Statutes & Constztution :View Statutes : Online Sunshine Page 7 of 11
licensing au�hority's acceptance of a relinquisY�m�nt af [icensure, sti�ulation, consen� order,
or other settlernent, ofFered in respanse to or [n anticipation of the f�[ing of charges against
the license, shafl be construed as action against the iicense.
(h) The appEicant shall submit fingerprints in accordar�ce wit� s. 497.142.
(i) The application shall require the applicant ko demonstrate that the applicant does, or wi[!
before commencing operations under the IiceRSe, comply witl� a!I requirements of this
chapter relating to �he licensure applied for.
(j} The application shall be sEgned in accordance with s. 497.141{12).
(k) The app[ication shall be accompaniec� by a nor�refundable fee of $300. The lice�sing
authority may from time to time increase fhe fee by rule �ut not to exceed $50�.
(3) ACTiON CONCERNIIVG APPLICATIONS.--•A duly completed application for licensure
under this section, accompanied by the req�ired fee, shall be approved if the licensing
authority determir�es tha� the follawing conditions are met:
(a) No license may be issued unless the cinera�or facility has been i�s�ected and apprnved
�s �eeting a!I requirements as set forth by the department, tE�e Department of Heal�h, the
Department of Environmental Protection, or any lacal ordinance regulating the facility.
(b) The appl�cant is a natural person at least 18 years of age, a corpora�ion, a partnership,
or a lirr�ited liability campany.
(c} The applicant does or wil{ prior to commencing opera�ions under the {icense comply with
al1 requirements of this ehapter relating to the license applied for.
{d) The applicant a�d the applicar�t's principals are of goad character and ha�e no
demanstrated f�istory of lac[c of trustworthiness or integrity in business or professional
matters.
(4) PROBATIOfVARY STATtJS.—It is the policy of this sta�e ta encourage competitior� for the
public benefit in tf�e cinerator facility business by, amang other means, the entry of new
licensees into tha� busin�ss. To faci[itate issuance of licenses concerning app6ications judged
�y the licensing authority to be borderline as to qualification for licensure, the licensing
authority may issue a new license under �his sectian on a probationary basis, subjec� �o
conditions specified by the licensing authority on a ease-by-case basis, which conditions rrray
impose special manitaring, reporting, and restrictians on aperations for up to the first 24
months o� licensure, to ens�re the licensee'S responsibleness, competency, finar�ciaE stability,
and compliance with this chapter. Pro�ided, no such p�obationary license shail be issued
unless the licensing authority determines tha't �ssuance would not pose an unreasonable ris�C
to the public, and the licensing authority must within 24 months after issuance of the license
either remove the probationary status or d�termine that the licensee is not qua[ifieci for
licensure under this chapter and instit�te proceedings for revocation of licensure.
(5) ISSUANCE OF LIC�NSE.—Upon approval of the applica�ion by the licensing autharity,
tt�e license shall be issued.
(6) RENEWAL OF LICENSE.—License� unr�er this section shall be renewed biennially in
accordance with a schedule, forms, and proced�res established by r�le. The nonref�ndable
and nonproratable bie�nial renewal f�e shall be as deterrr�ined by licensing authority rule but
not to exceed $5Q0.
(7) CHANGES SUBSEQUENT TO LICENSUR�.—Each [icensee under this section shall provide
natice as required by ruie prior to any change in location or controi of the licensee or licensed
person in charge of the licensee's operations. A change in control is subject to approval by
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Statutes & Canstitution :View Statutes : Online Sunshine Page 8 of 1 i
the [icensir�g authority and to reasanable canditions imposed by �he licensing authority, for
the pro�ection af the publ[c to ensure compliance with �his chapter. Operations by the
licensee at a r�ew location may not commencE unti! a� inspection by the iicensing authority of
the facilities, pursuan� to ru[es of the licensing aut�ority, has been conc[ucted and passed at
the new location.
(8) SUPERVISI�f� �F FACILITIES.—Each cinerator faciiity shall have ane full-time licensed
direct disposer or {icensed funeral director in charge for t�at facility. Sucl� person r�ay be in
charge of only one facility. Such licensed funeral director or licensed direet disposer shall be
respor�sible for making sure the facili'ty, its operations, and all persons employed in tf�e
facility comply with ell applicable state and �ederal Iaws and rul�s.
(9} REGULATION OF CIf�ERATOR FACILITIES.—
(a) There shall be established by rule standards for cin�rator fac�lities, including, bu� not
lirr�ited to, fequirements for refrigeration and starage of dead h�man bodies, use of forms
and contracts, and recorc[ retention.
(b) No more �han one dead human body may be placed in a retort at one time, unless
written permission has been received frorn a legally autharized person far each body. The
operator of a cinerator facility shall be enti�led ta rely on the p�rmission af a iegakly
authorized persan �o cremate �npre than one human bady at a time.
(c) Eaeh cinerator facility shall at all �irnes be subjec� to fihe inspection of ali its 9�uildings,
grounds, r�eords, equipment, and vehicles used in the conduet of its business, by �he
department, the Department of Environrr�ental Pro�ection, the �e�artment of H�a[th, and
local government inspectors and by their agents. Rufes sha[I be adopted which establish such
inspection requirements. There shall by rule o� the licensing authnrity be adopted an annual
inspection fee not to exceed $3Q�, payahl� prior to issuance o� license and upon each
renewa! of such (icense.
(dj A cinerator facility licensed u�der this section shall only receive dead human badies for
crematian. A cinerator fac9[ity may not receive other materia[s, or medical, f�azardous, and
biohazardous waste, for the purpose of disposal in a retort.
(e} Each �inera�or facility r�nust display at its public entrance tf�e name of the facility and the
name of the funeral c�irector or direct disposer responsible for tha� Pacility. A c�nerator facility
must tras�sact its business under the name by which it is licensed,
(f} A cinerator facifity loca�ed at �he s�me addre�s as a �uneral establishment may not have
a direct disposer as its individual in charge.
(g) A cinerator facility shall not place human remains or body parts in a retor� or cremation
chamber unless the human remains are in an alternatiue container, cr�mation container, or
eas[cet. Human rer�-»ins rr�ay be transported in a crernation con�ainer or stored if they are
compiete[y cover�d, and at all times treated with dignity and respect. Cremation may include
the processing and pul�erization of bone fragmer�ts. Cremated remains rnay be placed i� a
te�nporary cantainer following cret�r�ation. iVone of the provisions contained in �his subsection
require 'the purchase of a casket for crernation. This subsection appiies �o at-need contraets
and prer�eed contracts entered into �ursuant to fhis chapter after June 1, 1996.
(h) Eac� cinerator facili�.y shall ensure that all alterrtat��e containers, cremation con�ainers,
or caskets used for crernation contain no arnount of chlorinated plastics nat authorized by the
Depa��ment of En�ironmenta! Protection, that they also are composecf of readi[y cor�bus�ible
nr consumable materials suitable for cremation, able �o be closed to provide a complete
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Statutes &Constitution :View Statutes : Online Sunshine Page 9 of 11
co�ering for th� hurnan remains, resistant ta leakage or spillage, rigid enough for handiing
with ease, and able to provide far th� health, safety, and personal integrity of the pub[ic ar�d
crematory personnel.
(i} There shall be rules adopted requiring each facili�y �o subrnit periodic reports to the
department that include �he names of per$ons cremated, the date and county of death, the
�ame qf each person s�pervising each cremation, the name and {icense number of the
establishmer�� requesting cremation, and tf�e types of containers used �o hold the body
during cremation.
(j) Each cinerator facility shall be inspected prior to the initial issuance of its license and
annually thereafter and shall:
1. Maintain orte or more retorts for the recfuction of dead human bodies.
2. Maintain refrigeration that satisfies the standards set by the Department of Health and
contains sufFicient refrigerated spaee for the average daily number of bociies stored, �f
unembalmed bodies are kept at the site.
3. Maintain s�fFicient pollution contral equipment to camply wi�h requirements af the
Department of EnVironmental Protection in order to secure annuaE approved certification.
4. Either ha�e on site or immediately available sufficien� gasketed containers of a type
required for the transportation o� bodies as specified ir� applicable state rules.
5. Maintain the prernises in a clean and sanitary candition.
�. Have appropriate �epartment of Environmen�al Protection permi�s.
�listory.—ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. i, ch. 89-H; s. 47, ch. 89-162; s. 25,
c�. 89-374; s. 22, ch. 91-137; s. 140, ch. 9�-149; ss. 24, 1Z2, ch. 93-399; s. 73, ch. 94-
119; 5. 456, ch. 9�-356; s, 5, ch. 96-355; s. Z3�, c[�. 99-8; s. 131, ch. �Ob4-301; s. 49, ch.
20(35-155; S. 3, Ci�. 20D9-219.
Note.--Forrner s. 470.OZ5.
497.607 Cremation; procedure required.—
(1) At the time of the arrangement far a crematian performed by any person licensed
pursuant to this chapter, the person contractir�g for cre�atian services shall be required to
d�signate her or his intentians wi�h respect to the disposi�ion of the crematec[ rem�ins of the
deceased in a signed decl�ratian of intent which shal[ be provided by and retained by the
funeral or direct disposal establishment. A crematior� may r�ot be performed until a legally
author�zec[ person gives wri��en authorizatian for st�ch crerr�ation. The cremation must ��
performed within 48 hours af�er a specified time which has been agreed to in wri�ing by the
persan authorizing the crerr�ation.
(2) Wi�h respect to any person who in�ends to provide for the cremation of the deceased, if,
after a period of �.20 c[ays from the tir�e of cremation �he crernated remains have nat been
claimed, the fur�eral ar direct disposal establisf�ment may dispose of the cremated rerrtains.
Such c[ispasal shall include scattering them at s�a or p9acing them in a licensed ceme�ery
sca�tering garden or pond or in a church columbarium or otherwise dispasing o�the remains
as proWided by rule.
(3) Pursuant ta the request af a legally authorized �erson and Encidental to final disposition,
cremation may be performed on parts of hurr�an remaEns.
(4} In regard to human rerrtair�s deliverec[ to the control of the anatorr�ical board of this
state headquartered at the University of �larida Health Science Center, the provisions of this
subsection and chapter shall not be canstrued to proh6bit the anatomical board frorr� causing
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Statutes & Constitution :Vievu Statutes : 4nline Sunshine Page l.0 0£I 1
t�e final dispositior� of such human remains thraugh crematior� or atherwise when performed
in facilities ovvned and operated by such anatomical board or the University of Fiorida Health
Science Center pursuant ta and using such procESSes, equipment, and proc�dures as said
anatomical boarcE de�ermines to be proper and adequate.
Histary.—ss. 1, 2, ch. 86-9�; 5. 1, ch. 87-7�; s. 1, ch. 89-8; s. �6, ch. 89-374; ss. 25, 122,
ch. 93-399� S. 321f Ch. 97�-�.03f s. 132� Ch. Z�04-3�1� 5. 50r Ch. 2005-155.
Note.—Former s. 470.02.55.
497.5�8 Liability for unintentianal cortnmingling of the residue of the cremation process.—
(1) The Legisiature recogr�izes that the unintentional or incidental comrnirtgling af the
residue of the cremation of hurnan remains is an inevitable byproduct of�he cremation
process in a cir�erahor retort or cremation chamber.
(2} The operator of a ci�erator facility shall establish written procedures for the removal af
cre�ated remains, to the ex�ent possible, resulting from the cremation of a human body ancl
the postcremation pr�ocessing, shipping, pac[cing, or identifying of those remair�s. The
operatar of a cinerator facility shall file its written proc�dures, and any revisions to those
written procedures, with the licen5ing authority far its appro�al, and effective ]an€�ary 1,
Z006, the crematio� facili�y s}�all not be operated unless it has and follows such written
procedures a�pro�ed by �he licensing authority; providecf, the licensing authori�y may adopt
by rule standard uniform procedures for the removal of such crematec� remains, which may
be adopted by any cinerator faeility in lieu of promulgating, filing, and obtaining approva! of
procedures. A cinerator facility choosing to utilize standard unifarm procedures speeifiecf by
rule sha[I fiie notice of its choice vvi�h the licensing authori�y pursuant to pracedures and
forms specified by rule.
(3} If an operatar follows �he procedures set for�h in written procedures filed wi�h and
approved by the licensing authority, or adopts and fol[ows tP�e standarc{ uniform procedures
adopted by the licensing authority, the operator shall r�ot be liabie for the unintentianal ar
the incidental commingEing of cremated remains resulting frorr� more than one cremation
cycle or frorn postcrematiorc processing, ship�ing, packing, or identifying thase remains.
(4) A copy of the procedures being utilized by a cineratar facility shali be pr��ideci by the
cinerator facility, upon request, to customers and their representati�es, the departrnent, and
other legally authorized persons.
History.—s. �33, ch. 2�Q4-3�1; s. 1E}4, Ch. 2005-2.
497.609 Liabiiity of direct disposers, dir�ct disposal establishments, funeral directars,
funeral establishrreents, and cinerator facilities regarding cremation.—If a di�ect disposer,
direct disposa! establishment, funeral direc�ar, funeraf establishrnent, ar cinerator facility is
given a copy of the deceased's declaration c�f intent to be eremated that is signed by the
deceased and the deceased's human remains are s�bsequentiy cremated, ar a court order
directing the crema�ion of the deceased's human remains, na person �nay make a c{aim
objecting to th� cremation against that c[irect disposer, direct disposa[ estabfishment, funerai
director, Funeral establishment, or cinErator facilit}r. If a dEr�ct disposer, direct dispasa!
establishment, funeral ciirector, �uneral establishmen�, or cinerator faci[ity perfarms a
cremation pursuant to the authorization of a leg�lly authorized persan wha represen�s that
she or he is not aware of any objeetion ta the crerr�ation of the deceased's human remains by
others in the same class of t}�e person rnaking the representation or of any person in a
higher priority e[ass, and the deceased's hurr�an remains are subs�quer�tly crematec[, no
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Statutes &Constitution :View Statutes : Online Sun�hine Page 11 of 11
person may make a claim objetting to the cremation against that direet disposer, direct
dispasa[ estab[ishment, funeral director, funeral establishment, or cinerator �aciEity.
History.—s. 11, ch. 2007-55.
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Attachment "D"
CITY OF W1TdTER SPRIIVGS,FI.ORIDA
DRAF'F MINll`I'ES
PLAIVNIAIG AND ZOPiING BUARDIL!OCAL PLANNING AG�NCY
RECrULAR MEETING—ICTNE 5,2d13
� �� ��
� o`
���,��# IY��+���� �1�,����� E��� ����
AWARDS AIVD PRESENTATIOIVS
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No Reports were given.
Chairman Poe opened "Publzc Input".
No one addressed the Baard.
Chaarman Poe closed "Public Input".
pu L�c E�► �s
. v — i ivis°
ss t e i i i e - ,
i r s s ts i s iti i s�
c ` s - i e i , - ( e r ci i�,
( e t ) i i i ts.
r. a� y c� �ell, , 1 �r, t� i evela e t e ent res� te e
�e Ite .
crrx oF w�v�r�R s�xnvGS,�.aRmA
DRAFT MINUTES
PLANII'I1VG AND ZQNING BOARII/LOCAL PLANNING AGENCY
REGULAR MEETIIVG-7UNE 5,2013
� �
Discussian ensued on Conditional Uses, Permitted Uses, businesses, Waivers, and
concern with including start-up businesses, Mr. Howell remarked, "We could da that as �
one of your recommendations if you so chose to, Vote recomme�dation of this Ordinance
or this Text Amendment, you could add the condition that the `CC' Zvning District intent
be changed to bas�cal�y strike out the start up business." �� �,;�
Chairman Poe opened "Public Input".
Mr. Gt°eg Banfied: addressed the Planning and Zoning BoardlLocal Planning Agency.
Chaarman Poe closed "Public Input".
Vice Chairman Henderson suggested the word "Start-up" be removed fram the "CC"
Zoning. Mr. Howell sta.ted, "We can include that..." Chairman Poe and Vice Chairman
Hendersan said, "...In the recatnmendation".
Board Member Casman noted "I also have no prob�em with the Crematorium but I do
have a problem with the changing to `C-1'." Continuxng, Board Member Walker asked
abaut the passibility of approving "The Crematorium and not the other in total. Is there
any way to separate them rather than all ar nothing..." Mr. Hawell cammented,"...If
you so chos�, you could say `i�e recommend to a11ow Crematoriums in the City
Ca�nmission Zoning Districts but we want to keep the `C-1' and `C-2' Dis�ricts the
same." Board Member Walker added, "l�r rnaybe not make that decision to go fonvard
to the City Commission on that `C-1' this evening and re-address it."
Gi
� � 3` s. � i � 7
. ... . . ? .. . . .. . . .. . .. .. . . . .
CREMATQ�R.�i7M Il�T THE C'tJNrMERCE CENTER. ALSO, REVIEVV` THE
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