Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-12 - MONUMENTS, MONUMENT ESTABLISHMENTS, BUILDERS AND DEALERS › Section 69K-12.001 - Installation of Monuments

Current through Reg. 50, No. 138; July 16, 2024
(1) A cemetery
				shall require that any person engaged in the retail sale of monuments or
				monument services who wishes to install, place, set, or inscribe a monument
				shall provide the cemetery with proof that the person has a valid license with
				the Department. If a cemetery wishes to require proof that a monument dealer or
				builder has obtained all necessary local or occupational licenses, then the
				cemetery shall require such an affirmative representation in the application
				between the cemetery and the monument dealer or builder.
(2) Pursuant to section
				 497.273(3),
				F.S., a cemetery may adopt bylaws setting forth minimum standards for monuments
				installed in the cemetery which can include the style and size of a monument or
				its foundation, the content and material of which the monument and/or
				foundation is to be constructed, the locations or gardens in which different
				monuments may be installed, the manner of installation of either a flat or
				upright monument, the specific location on the grave for the installation of
				either flat or upright monuments, the requirements for the removal and
				replacement of monuments in the path that any installation equipment must take
				to install a specific monument, and the clean-up necessary after installation.
				In all cases, the cemetery must comply with its own minimum standards. Nothing
				in this rule shall be construed to allow a cemetery to have exclusive rights to
				monument construction or installation within the cemetery or any part of the
				cemetery, except for inscriptions in community mausoleums.
(3) Pursuant to sections
				 497.273(3)  and
				 497.555, F.S., all cemeteries
				shall permit during normal business hours licensed monument establishments to
				install, inscribe or repair a monument, marker or private mausoleum. Cemeteries
				may adopt bylaws to establish minimum standards for access. These minimum
				standards shall not unreasonably restrict access to the cemetery grounds, the
				method of transporting burial merchandise to the burial space, or increase the
				cost to the owner of interment or burial rights. In all cases, monument
				establishments and cemeteries shall comply with these minimum
				standards.
(4) As the cemetery is
				the only entity holding the records of the ownership of the burial (interment)
				rights it may require that a person prior to delivering a monument for
				installation in the cemetery shall submit an application to the cemetery
				showing the foundation, design, style, size and material of the monument to be
				installed. If required by the cemetery, the application shall include a scaled
				sketch of the monument showing the lettering, the family name, the location of
				the first names of the deceased and/or others, dates and any other items
				planned to be a part of the monument. If the application does not meet the
				minimum standards for burial merchandise and installation thereof, the cemetery
				shall contact the monument establishment within five (5) working days with a
				written notice of non-compliance. If the cemetery does not do so, the
				application will be deemed to be approved. The cemetery shall require the
				written approval of the owner(s) of the burial (interment) rights and legally
				authorized person which shall be on the application form submitted by the
				monument establishment prior to scheduling installation.
(5) The cemetery is the scheduling agent for
				all activities conducted within the cemetery. The scheduling of burials takes
				priority over all other activities. The cemetery shall schedule the
				installation of a monument within two (2) working days of the date requested by
				the installing person provided all the proper authorizations and other
				requirements have been delivered to and approved by the cemetery. The time of
				installation must be set so that the installation and the clean up can be
				accomplished prior to the normal closing time of the cemetery. The foregoing
				shall be subject to change by the cemetery in the event it received
				notification of a death of an owner of burial rights located in such a location
				that the installation of the monument would interfere with the
				burial.
(6) In the event a burial
				is taking place and in the determination of the cemetery the installation of a
				monument will be considered an interference with the burial, the installing
				persons shall be required by the cemetery to withdraw until the funeral being
				conducted has concluded and those in attendance have left the cemetery at which
				time the installation of the monument may be continued.
(7) Prior to the initiation of the monument
				installation the cemetery shall mark the place on the grave where the monument
				is to be installed by placing a flag, or other marker, thereon. Nothing in this
				rule is intended to imply or require that a cemetery shall have to lay out or
				engineer a grave site for the installation of a monument. If the cemetery is
				requested by the monument installer to engineer the grave site, the fee for
				such service shall be disclosed on the cemetery's price list.
(8) After installation, the cemetery shall
				inspect the installation. If the installation is improper and not in compliance
				with the cemetery's minimum standards, the installing person shall be notified
				in writing postmarked within five (5) working days after installation of the
				manner in which the installation is not in compliance and the installing person
				shall have 15 days from the date of notification, in which to make the
				correction. In the event that the correction is not made within the said 15
				days, the cemetery has the right to correct the installation and charge the
				installing person a reasonable charge for making the correction. A monument
				establishment shall be responsible for the reasonable cost of repairs needed to
				repair damages to property in the cemetery caused by the monument
				establishment's operations in the cemetery.
(9) The cemetery shall not be liable for
				improper installation of monuments not installed by the cemetery.
(10) Nothing in this rule shall be construed
				as requiring a cemetery to replace stolen monuments or portions thereof, or to
				replace or repair monuments that are damaged due to vandalism or other causes
				beyond the cemetery's control.
(11)
				A cemetery shall not require any person or firm that installs, places, or sets
				a monument to obtain any form of insurance, bond, or surety or make any form of
				pledge, deposit, or monetary guarantee as a condition for entry on or access to
				cemetery property.
(12) In the
				event that the cemetery has approved a monument sketch or made written
				representations to the monument establishment which is not according to the
				records of the cemetery, the cemetery shall be solely responsible to correct or
				replace the monument.
Rulemaking Authority
					 497.103 FS. Law Implemented
					 497.273(3),
					 497.278,
					 497.550,
					 497.555
					 FS.
New 1-24-95, Formerly 3F-12.001, Amended
					 10-12-09.