reglab/statecodes huggingface dataset:
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-10 - PRENEED FUNERAL CONTRACT CONSUMER PROTECTION TRUST FUND › Section 69K-10.002 - Disbursement from the Preneed Funeral Contract Consumer Protection Trust Fund

Current through Reg. 50, No. 138; July 16, 2024
The purpose of the Preneed Contract Consumer Protection Trust
				  Fund is to provide restitution to preneed contract purchasers and their estates
				  due to a preneed licensee's or otherwise covered provider's failure to provide
				  the benefits of a preneed contract or failure to refund the appropriate
				  principal amount by reason of cancellation thereof. All restitution to be paid
				  from the Preneed Funeral Contract Consumer Protection Trust Fund shall be
				  subject to review and approval of the Board. Amounts disbursed from the Preneed
				  Funeral Contract Consumer Protection Trust Fund shall be determined in
				  accordance with the following criteria:
(1) The Board shall determine to its
				satisfaction that the preneed licensee or otherwise covered provider does not
				possess the financial means to deliver or provide the prearranged merchandise
				or services. Such determination will be based on information the Board will
				require for review and may include the following if applicable:
(a) Review of delinquency proceedings
				pursuant to chapter 631, F.S., against a preneed licensee or otherwise covered
				provider;
(b) Review of bankruptcy
				proceedings in Federal court;
(c)
				Review of Trust Accounts held by or entered into by the preneed licensee or
				otherwise covered provider;
(d)
				Review of any funding source used for the preneed contracts;
(e) Review of all assets held by the preneed
				licensee or otherwise covered provider;
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-10 - PRENEED FUNERAL CONTRACT CONSUMER PROTECTION TRUST FUND › Section 69K-10.003 - Remittances to the Preneed Funeral Contract Consumer Protection Trust Fund

Current through Reg. 50, No. 138; July 16, 2024
(1) For each calendar quarter, each preneed
				licensee writing preneed contracts shall remit the sum of $1.00 per preneed
				contract sold to the Preneed Funeral Contract Consumer Protection Trust
				Fund.
(2) Quarterly preneed
				remittances shall be made by preneed licensees in the following manner:
(a) Servicing agents must follow the
				procedures in Form DFS-PNS-1, User Manual for Servicing Agents for the Preneed
				Remittance System (PNRS), which is incoporated by reference in Rule
				 69K-5.0024, F.A.C.
(b) Appointing agents and third-party users
				must follow the procedures in Form DFS-PNS-2, User Manual for Appointing Entity
				Users for the Preneed Remittance System (PNRS), which is incorporated by
				reference in Rule  69K-5.0024,
				F.A.C.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-11 - DISCIPLINARY GUIDELINES › Section 69K-11.001 - Disciplinary Guidelines (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 497.103,
					 497.152,
					 497.154(1) FS.
					 Law Implemented 497.164,
					 497.263,
					 497.264,
					 497.266,
					 497.267,
					 497.268,
					 497.269,
					 497.270,
					 497.272,
					 497.276,
					 497.278,
					 497.282,
					 497.462
					 FS.
New 3-20-91, Formerly 3D-30.111, 3F-11.001, Repealed
					 1-1-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-11 - DISCIPLINARY GUIDELINES › Section 69K-11.002 - Minor Violations; Notice of Non-Compliance (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 497.103,
					 497.152(15)(b),
					 497.155(2)(d)
					 FS. Law Implemented  497.155 FS.
New 8-9-94, Amended 10-25-94, 8-4-97, 3-18-01, Formerly
					 3F-11.002, Repealed 1-1-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-11 - DISCIPLINARY GUIDELINES › Section 69K-11.003 - Citations (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 497.103,
					 497.155 FS. Law Implemented
					 497.155
					 FS.
New 1-24-95, Amended 5-19-97, 7-5-01, Formerly 3F-11.003,
					 Repealed 1-1-19.
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-12.002 - Procedure for Licensing a Monument Establishment

Current through Reg. 50, No. 138; July 16, 2024
(1) Each person desiring to obtain a license
				as a monument establishment shall apply to the Department by submitting the
				following:
(a) A completed application for
				License of a Monument Establishment, Form DFS-C-MON1, effective 3-3-97, which
				is hereby incorporated by reference and available by mail from the Department
				of Financial Services, Division of Funeral, Cemetery, and Consumer Services,
				200 East Gaines Street, Tallahassee, Florida 32399-0361. The application for
				license must be completed and signed within thirty (30) days prior to receipt
				by the Department; and
(b) A
				non-refundable application fee of $450 which shall be the fee for the biennial
				licensing period beginning October 1 of each odd numbered year or any part
				thereof.
(c) The biennial renewal
				fee for a Monument Establishment license shall be $250.
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-12.003 - Procedures for Submission and Approval of Monument Establishment Retail Sales Agreements

Current through Reg. 50, No. 138; July 16, 2024
(1) A copy of the
				retail sales agreement form shall be approved by the Board of Funeral,
				Cemetery, and Consumer Services prior to use by a monument
				establishment.
(2) Within 30 days
				of the effective date of this rule, each monument establishment shall mail a
				copy of its retail sales agreement form for approval to the Board of Funeral,
				Cemetery, and Consumer Services, 200 E. Gaines Street, Tallahassee, Florida
				32399-0361.
(3) After reviewing the
				retail sales agreement for compliance with rule
				 69K-12.005, F.A.C., the Board
				shall notify the monument establishment of its approval or disapproval of the
				agreement. The monument establishment shall make changes to the agreement
				within 45 days from the date of receipt of notice from the Board of the need
				for corrections.
Rulemaking Authority
					  497.103(1)(u),
					 (5)(a),
					  497.553(2)  FS.
					 Law Implemented 497.103(1)(u),
					 497.553(2)
					 FS.
New 11-26-06.
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-12.004 - Cancellation of Monument Establishment Retail Sales Agreements and Refunds

Current through Reg. 50, No. 138; July 16, 2024
(1) A purchaser may cancel an agreement in
				accordance with the terms of the agreement, statute and rules that were in
				effect at the time the agreement was executed.
(2) When an agreement is canceled, the terms
				of the agreement, statute and rules that were in effect at the time the
				agreement was executed shall apply.
(3) The failure of a monument establishment
				to deliver and install a purchased monument or marker by the date agreed in the
				agreement shall entitle the purchaser to a full refund of all amounts paid by
				the purchaser for the monument and its delivery and installation, unless the
				monument establishment has obtained a written agreement from the purchaser
				extending the delivery date. Such refunds shall be made within 30 days after
				receipt by the monument establishment of the purchaser's written request for a
				refund.
(4) The monument
				establishment may not cancel the agreement unless the purchaser is in default
				under the terms of the agreement.
Rulemaking Authority
					 497.103(5)(a)
					 FS. Law Implemented 497.152(13),
					 497.553
					 FS.
New 11-26-06.
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-12.005 - Requirements for Monument Establishment Retail Sales Agreements

Current through Reg. 50, No. 138; July 16, 2024
(1) A written retail sales agreement shall be
				executed between the monument establishment and the purchaser. Each written
				agreement shall be sequentially numbered and be entered into a sales journal by
				date of sale by the monument establishment. The provisions of the agreement
				shall be in at least 10 point type and shall be presented in a clear and
				legible format.
(2) Any additional
				purchases or changes made by the purchaser more than 30 days after the original
				sale date must be shown on a separate agreement. Any changes made by the
				purchaser within 30 days of the original sales date shall be made on the
				original agreement and shall be initialed and dated by the purchaser.
(3) The purchaser shall be provided with a
				copy of the executed agreement at the time of purchase and whenever any changes
				are made to the agreement.
(4) The
				agreement form must comply with all disclosure requirements of sections
				 497.152 and
				 497.553, F.S.
(5) Each retail sales agreement shall contain
				a complete description of the monument, marker, or related product to be
				delivered and installed together with the price(s) for each item(s) or
				service(s) purchased and any fees that will be charged. The agreed date for
				delivery and installation shall be clearly and prominently specified in each
				retail sales agreement.
(6) The
				description of the merchandise or drawings shall be included on the agreement
				or an addendum, provided the form has been approved by the Board of Funeral,
				Cemetery, and Consumer Services. The approval of the Board shall be conditioned
				upon the form containing the applicable information required by this rule.
(a) Name, address, and telephone number of
				monument establishment;
(b) Name,
				address, and telephone number of purchaser and interment right owner (if
				different from purchaser);
(c) Date
				of purchase;
(d) Latest date by
				which delivery and installation will be made;
(e) Name and address of cemetery or memorial
				for delivery and installation;
(f)
				Lot, block, or section number of grave (if to be delivered to a cemetery) or
				memorial location;
(g) Terms of
				sale, including purchase price and payment schedule;
(h) Sales tax, down payment, and balance
				due;
(i) Signature of
				purchaser;
(j) Signature of
				monument establishment representative.
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-12.011 - Annual Inspection Fees for Monument Establishments

Current through Reg. 50, No. 138; July 16, 2024
Each monument establishment shall pay an annual inspection
				  fee of $225 that is payable upon application for licensure and upon each
				  renewal of such license.
Rulemaking Authority
					  497.103(1)(bb),
					 (5)(a),
					  497.553(1)  FS.
					 Law Implemented 497.103(1)(bb),
					 497.553(1)
					 FS.
New 5-16-07, Amended 5-19-09,
					 5-5-22.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-13 - FLORIDA MAUSOLEUM CONSTRUCTION › Section 69K-13.001 - General Provisions

Current through Reg. 50, No. 138; July 16, 2024
The Board of Funeral, Cemetery, and Consumer Services
				  Construction Specifications are intended to establish minimum standards for all
				  newly constructed and significantly altered or renovated mausolea and
				  columbaria. The Board of Funeral, Cemetery, and Consumer Services Construction
				  Specifications, Form DFS-CONS1, incorporated herein by reference (effective
				  November 9, 2000) are to be used until July 1, 2001, at which time the Florida
				  Building Code will take effect.
(1)
				These rules shall establish minimum standards for all newly constructed and
				significantly altered or renovated mausolea and columbaria.
(2) These rules are intended to insure that
				no new structure shall be built or significantly altered for use for interment,
				entombment or inurnment purposes, unless such new structure or new alteration
				or new renovation is constructed of such materials as will ensure its
				durability and permanence, as well as the safety, convenience, comfort and
				health of the community in which it is located.
(3) Such structures must be so arranged that
				any niche or crypt may be readily examined at any time by any person authorized
				by law to do so. Such a person would be a specific representative of the
				Department of Financial Services or the Board of Funeral, Cemetery, and
				Consumer Services, or local government inspection personnel.
(4) A columbarium may be built within a
				mausoleum or as a separate structure, but for purposes of these rules shall be
				considered a mausoleum for construction purposes.
(5) There are four (4) classes of Mausolea:
				"Class A" or chapel mausoleum, "Class B" or garden mausoleum, "Class C" or
				family mausoleum, and "Class D" or non-visitation crypt
				mausoleum.
Rulemaking Authority
					 497.103 FS. Law Implemented
					 497.271
					 FS.
New 11-9-00, Formerly
					 3F-13.001.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-13 - FLORIDA MAUSOLEUM CONSTRUCTION › Section 69K-13.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Class "A" or chapel mausoleum" means a
				mausoleum that has heat and/or air conditioning, with or without a committal
				area or chapel or office(s), single or multi-story, with any number of crypts,
				and burial rights in all crypts are available for purchase by the general
				public. This type of mausoleum may be a single building or a phase of an
				ongoing mausoleum construction project.
(2) "Class "B" or garden mausoleum" means a
				mausoleum, single or multi-story, with any number of crypts, that is built
				without any heat or air conditioning but may contain an "open air" committal
				area and burial rights in all crypts are available for purchase by the general
				public. This type of mausoleum may be a single building or a phase of an
				ongoing mausoleum construction project.
(3) "Class "C" or family mausoleum" means a
				mausoleum pre-assembled within or without the State of Florida and purchased by
				a family or group of family members in which burial rights in individual crypts
				or niches are not sold to the general public.
(4) "Class "D" or non-visitation crypt
				mausoleum" means a mausoleum with remote memorialization burial rights which
				are available for sale to the general public. These crypts by design and
				location are not able to be seen, touched or visited by the general public, but
				the crypts are accessible to authorized persons of the cemetery or specific
				representatives of the Department of Financial Services, Board of Funeral,
				Cemetery, and Consumer Services and local government inspection personnel.
				These crypts are to be constructed to the same standard as Class "A" and Class
				"B" mausoleum crypts.
(5)
				"Significant alteration or renovation" means any addition, renovation, or
				repair which results in the creation of new crypts or new
				niches.
Rulemaking Authority
					 497.103 FS. Law Implemented
					 497.271
					 FS.
New 11-9-00, Formerly
					 3F-13.002.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-13 - FLORIDA MAUSOLEUM CONSTRUCTION › Section 69K-13.003 - General Construction Specifications

Current through Reg. 50, No. 138; July 16, 2024
The general construction specifications are set forth in the
				  Board of Funeral, Cemetery, and Consumer Services Construction Specifications,
				  as incorporated in chapter 69K-1, F.A.C. A copy of the specifications are
				  available from the Board.
Rulemaking Authority
					 497.103 FS. Law Implemented
					 497.271
					 FS.
New 11-9-00, Formerly
					 3F-13.003.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-13 - FLORIDA MAUSOLEUM CONSTRUCTION › Section 69K-13.004 - Additional Non-Building Code Standards for Mausoleum and Columbarium Construction

Current through Reg. 50, No. 138; July 16, 2024
(1) Roofing
				materials or roof membrane applied on top of a reinforced cast in place or a
				precast concrete roof that meets the provisions of the Florida Building Code as
				defined by section  553.73, F.S., shall not prevent
				a mausoleum from being considered a fire resistant structure.
(2) After each entombment of a human body in
				an existing mausoleum or in a new or significantly altered or renovated
				mausoleum the crypt shall be sealed with a panel so that no effluvia or odors
				escape from the crypt except through the pressure relief passage system. Such
				panels shall be made of materials of sufficient weight, permanence, density,
				imperviousness and strength to insure their durability and continuing function.
				All such panels shall be securely set in with standard building core materials.
				These sealing panels shall be set independent of and in addition to crypt
				fronts or shutters.
(3) Except as
				otherwise provided in the Florida Building Code or in these rules, all
				materials used in the construction of the structural members of each mausoleum
				shall be of non-combustible materials and all ornamentation or embellishment or
				mausoleums shall be of non-combustible materials. This provision will not apply
				to crypt vents, temporary openings or partitions, interior doors, fixtures,
				furniture or furnishings, roofing materials, electrical wiring or containers
				for human remains.
(4) All
				mausoleum or columbarium structures must meet the minimum requirement set forth
				in the By-Laws or Operating Procedures of the cemetery in which the structure
				is to be built.
Rulemaking Authority
					 497.103 FS. Law Implemented
					 497.271
					 FS.
New 11-9-00, Formerly
					 3F-13.004.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-13 - FLORIDA MAUSOLEUM CONSTRUCTION › Section 69K-13.005 - Pressure Relief Ventilation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 497.103(1)(m),
					 (5)(a),
					 497.271(2) FS.
					 Law Implemented  497.271(2)(c) 
					 FS.
New 2-15-10, Repealed
					 11-13-11.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-14 - ORGANIZATION, PROCEDURES, AND MEETINGS › Section 69K-14.006 - Probable Cause Determination and Discipline

Current through Reg. 50, No. 138; July 16, 2024
(1) The determination as to whether probable
				cause exists to believe that a violation of the provisions of chapter 497,
				F.S., and/or the rules promulgated pursuant thereto, has occurred shall be made
				by a majority vote or, if only two panel members are in attendance, by the
				unanimous vote of the members present.
(2) The probable cause panel shall be
				composed of at least two (2) members of the Board of Funeral, Cemetery, and
				Consumer Services. Not more than one (1) member of the panel may be a consumer
				member. The Chairman may appoint a former member of the Board to serve on the
				probable cause panel in lieu of a current member of the Board of Funeral,
				Cemetery, and Consumer Services.
(3) The probable cause panel members shall be
				selected by the Chairman.
(4) The
				probable cause panel may proceed, pursuant to the provisions of chapter 497,
				F.S., against the license of a funeral director, on any of the grounds
				enumerated in section
				 497.152, F.S., when such
				activities are committed by the funeral director in his capacity as a direct
				disposer while operating from a direct disposal establishment, registered
				pursuant to the provisions of chapter 69K-23, F.A.C., of these rules.
(5) The Board of Funeral, Cemetery, and
				Consumer Services may discipline or take action against the license of a
				funeral director pursuant to the provisions of chapters 120 and 497, F.S., for
				any of the grounds enumerated in section
				 497.152, F.S., when such
				activities are committed by the funeral director in his capacity as a direct
				disposer while operating from a direct disposal establishment, registered
				pursuant to the provisions of chapter 69K-23, F.A.C., of these
				rules.
Rulemaking Authority
					 497.103,
					 497.153(3) FS.
					 Law Implemented 497.152,
					 497.153
					 FS.
New 11-11-79, Amended 3-1-81, 4-10-84, Formerly 21J-14.06,
					 21J-14.006, Amended 2-20-95, 5-3-01, Formerly
					 61G8-14.006.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-14 - ORGANIZATION, PROCEDURES, AND MEETINGS › Section 69K-14.008 - Payment of Fines and Costs

Current through Reg. 50, No. 138; July 16, 2024
All fines and costs imposed by the Board shall be paid within
				  thirty (30) days from the date of the final order entered by the Board unless
				  the final order extends the deadline in any given case.
Rulemaking Authority
					 497.103 FS. Law Implemented
					 497.153(5)
					 FS.
New 10-26-80, Formerly 21J-14.08, 21J-14.008, Amended
					 10-12-98, Formerly 61G8-14.008.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-14 - ORGANIZATION, PROCEDURES, AND MEETINGS › Section 69K-14.010 - Meetings

Current through Reg. 50, No. 138; July 16, 2024
The following shall be considered to be other business
				  involving the Board:
(1) Board
				meetings including properly noticed telephone conference calls.
(2) Meetings attended by a Board member where
				the attendance and participation of the Board member at the meeting has been:
(a) Requested or approved by the Chief
				Financial Officer of the Department of Financial Services; and
(b) The Board member's participation at the
				meeting is related to the Board's authority as set forth in chapter 497,
				F.S.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-14 - ORGANIZATION, PROCEDURES, AND MEETINGS › Section 69K-14.013 - Attendance of Meetings by Board Members

Current through Reg. 50, No. 138; July 16, 2024
Unexcused absences of a board member are absences not due to
				  the following situations:
(1) Medical
				problems of a board member or a board member's family including but limited to
				illness, surgery, emergency care and/or hospitalization.
(2) Death of a family member and/or
				attendance at the family member's funeral.
(3) Any conflict, extraordinary circumstance,
				or event approved by the chairman of the board.
Rulemaking Authority
					 497.103 FS. Law Implemented
					 497.101
					 FS.
New 5-20-93, Formerly 21J-14.013, Formerly
					 61G8-14.013.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-15 - DEFINITIONS › Section 69K-15.001 - Course in Mortuary Science

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				course in mortuary science will be approved by the Board if taught at a
				university or college accredited by the American Board of Funeral Service
				Education, a university or college accredited by a regional accrediting agency
				recognized by the United States Department of Education, or other schools,
				colleges and universities in the subject areas identified in paragraph
				 497.368(1)(d),
				F.S.
(2) Universities and/or
				colleges offering courses in mortuary science which do not meet the
				requirements of subsection (1), above, may be approved by the Board upon a
				finding by the Board that the institution substantially complies with the
				criteria for accreditation established by the American Board of Funeral Service
				Education.
Rulemaking Authority
					 497.103 FS. Law Implemented
					 497.368,
					 497.370
					 FS.
New 11-11-79, Formerly 21J-15.01, Amended 8-8-88, Formerly
					 21J-15.001, 61G8-15.001, Amended 2-9-16.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-15 - DEFINITIONS › Section 69K-15.002 - Associate of Arts Degree in Mortuary Science

Current through Reg. 50, No. 138; July 16, 2024
(1) An associate of arts degree, associate in
				science degree, or an associate in applied science degree in mortuary science
				will be approved by the Board if obtained after successful completion of a
				course of study at a university or college accredited by the American Board of
				Funeral Service Education, a university or college accredited by a regional
				accredited agency recognized by the United States Department of Education, or
				other colleges and universities as approved by the Department which require a
				minimum of either 60 semester or 90 quarter hours of study to successfully
				complete.
(2) A person who holds an
				associate degree or higher degree from a college or university accredited by a
				regional accrediting agency recognized by the United States Department of
				Education and is a graduate of at least a one-year course in mortuary science
				offered by a school or college approved by the American Board of Funeral
				Service Education, or by this Board, is deemed to have completed educational
				requirements equivalent to the associate degree in mortuary science as used in
				paragraph  497.373(1)(d),
				F.S.
Rulemaking Authority
					 497.103 FS. Law Implemented
					 497.373
					 FS.
New 11-11-79, Amended 10-16-85, Formerly 21J-15.02,
					 21J-15.002, 61G8-15.002, Amended 2-9-16.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-15 - DEFINITIONS › Section 69K-15.003 - Arrangements

Current through Reg. 50, No. 138; July 16, 2024
(1) In addition to the activities identified
				in section  497.372, F.S., the term
				"arrangements," shall be deemed and construed to include the following acts:
(a) Planning the details of funeral services,
				setting the time of the service, identifying the type of service to be
				rendered, acquiring the services of a minister, priest, or other clergy,
				obtaining vital information for the filing of death certificates, obtaining
				burial-transit permits and making financial arrangements relating to funeral
				services and merchandise; and,
(b)
				Comparing or discussing prices and financial arrangements with legally
				authorized persons in accordance with existing laws and rules. All price lists,
				funeral purchase agreements, invoices, and similar documents shall be under the
				heading of the name, address, and phone number of the funeral
				establishment;
(c) Personal,
				on-site supervision of all scheduled funeral rites as
				contracted.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-15 - DEFINITIONS › Section 69K-15.004 - At Need; Preneed

Current through Reg. 50, No. 138; July 16, 2024
(1) As used in
				paragraphs  497.372(1)(a), (b) and
				(c), F.S., "at need" means after the
				individual for whom arrangements are being made has died.
(2) As used in paragraph
				 497.372(3)(e),
				F.S., "preneed" means before the individual for whom arrangements are being
				made has died.
(3) Nothing herein
				shall be construed to prohibit an agent registered under chapter 497, F.S.,
				from making preneed arrangements, provided such agent does not make or continue
				to make arrangements after learning that the individual for whom the
				arrangements are being made is already deceased.
Rulemaking Authority
					 497.103,
					 497.161(1)(a)
					 FS. Law Implemented 497.161(1)(a),
					 497.372
					 FS.
New 10-21-91, Formerly 21J-15.004, Amended 10-13-97,
					 Formerly 61G8-15.004, Amended 2-9-16.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-15 - DEFINITIONS › Section 69K-15.005 - Operational Personnel

Current through Reg. 50, No. 138; July 16, 2024
The term "operational personnel" for purposes of determining
				  those employees, including leased employees not licensed by the Department,
				  required to complete the course mandated by section
				   497.162, F.S., are those
				  individuals who come in direct contact with or remove or transport dead human
				  remains, or those individuals who come in direct contact with blood or other
				  body fluids.
Rulemaking Authority
					 494.103,
					 497.162 FS. Law Implemented
					 497.162 FS., as amended by
					 Chapter 94-119, Laws of Florida.
New 1-8-95, Formerly
					 61G8-15.005.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-15 - DEFINITIONS › Section 69K-15.006 - Reasonable Time for Obtaining Written Permission

Current through Reg. 50, No. 138; July 16, 2024
A "reasonable time" for purposes of determining when a
				  licensee or registrant must obtain written permission for the taking of
				  possession of a dead human body or for embalming after oral permission has been
				  granted shall be prior to final disposition of the dead human
				  body.
Rulemaking Authority
					 497.103,
					 497.152(8)(c)
					 FS. Law Implemented 497.152(8)(c)
					 FS.
New 1-8-95, Formerly
					 61G8-15.006.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-16 - EXAMINATIONS AND EXAMINATION REVIEW PROCEDURES › Section 69K-16.0001 - State Examination for Funeral Industry Professionals

Current through Reg. 50, No. 138; July 16, 2024
(1) In addition to all other requirements,
				any person desiring to be licensed, whether initially or by endorsement, as an
				embalmer, funeral director or direct disposer, in the state of Florida shall:
(a) Apply to the Board to take the Florida
				Law & Rules Exam.
(b) Pass the
				Florida Law & Rules Exam with a score of 75% or more. A fraction of a
				percentage point of one-half (.5) or higher on this examination shall be raised
				to the next highest whole number.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-16 - EXAMINATIONS AND EXAMINATION REVIEW PROCEDURES › Section 69K-16.001 - Examination for Embalmer Applicants

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Any person desiring to be licensed as an embalmer shall apply to the Department
				and successfully pass the required licensure examinations.
(2) The following shall constitute successful
				passage of the required licensure examination for embalmer applicants:
(a) Attaining a score of seventy-five percent
				(75%) on the Funeral Services Science section of the National Board Examination
				prepared by the Conference of Funeral Service Examining Boards, and,
(b) Attaining a score of seventy-five percent
				(75%) on the examination prepared and administered by the Department of
				Financial Services as set forth in Rule
				 69K-16.0001,
				F.A.C.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-16 - EXAMINATIONS AND EXAMINATION REVIEW PROCEDURES › Section 69K-16.002 - Examination for Funeral Director Applicants

Current through Reg. 50, No. 138; July 16, 2024
(1) Any person desiring to be licensed as a
				funeral director shall apply to the Department and successfully pass the
				licensure examination prepared and administered by the Department, pursuant to
				Rule  69K-16.0001, F.A.C.
(2) Additionally, the successful applicant
				will have attained a score of seventy-five percent (75%) on the funeral service
				arts section of the National Board Examination prepared by the Conference of
				Funeral Service Examining Boards, attained a score of seventy-five percent
				(75%) on the funeral service science section of the NBE prepared by the
				Conference of Funeral Service Examining Boards.
Rulemaking Authority
					 497.103,
					 497.144,
					 497.373 FS. Law Implemented
					 497.144,
					 497.373
					 FS.
New 11-11-79, Amended 6-4-80, 6-3-81, 6-15-82, Formerly
					 21J-16.02, 21J-16.002, Amended 1-8-95, 5-13-96, 10-29-97, 2-16-98, 4-27-03,
					 Formerly 61G8-16.002.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-16 - EXAMINATIONS AND EXAMINATION REVIEW PROCEDURES › Section 69K-16.004 - Examination for Licensure by Endorsement

Current through Reg. 50, No. 138; July 16, 2024
Any person desiring to be licensed as a funeral director or
				  embalmer by endorsement, as provided in Chapter 497, F.S., shall apply to the
				  Department, have passed the examination(s) appropriate to the licensure sought,
				  as set forth in Section
				   497.369 or
				   497.374, F.S., and shall pass
				  the examination required in Rule
				   69K-16.0001,
				  F.A.C.
Rulemaking Authority
					 497.103,
					 497.144,
					 497.374 FS. Law Implemented
					 497.144,
					 497.369,
					 497.374
					 FS.
New 11-11-79, Amended 6-3-81, Formerly 21J-16.04, Amended
					 5-24-89, Formerly 21J-16.004, Amended 10-29-97, 7-8-03, Formerly
					 61G8-16.004.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-16 - EXAMINATIONS AND EXAMINATION REVIEW PROCEDURES › Section 69K-16.005 - Reexaminations

Current through Reg. 50, No. 138; July 16, 2024
Applicants for licensure as embalmers and/or funeral
				  directors who fail to achieve a passing grade on the required examinations may
				  make application to retake the examination failed at the next regularly
				  scheduled examination. Each subsequent application submitted shall be
				  accompanied by the appropriate application fee.
Rulemaking Authority
					 497.103,
					 497.144 FS. Law Implemented
					 497.144,
					 497.368,
					 497.369,
					 497.373,
					 497.374
					 FS.
New 11-11-79, Formerly 21J-16.05, 21J-16.005, Amended
					 4-22-01, Formerly 61G8-16.005.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-16 - EXAMINATIONS AND EXAMINATION REVIEW PROCEDURES › Section 69K-16.006 - Examination Review Procedures

Current through Reg. 50, No. 138; July 16, 2024
An applicant is entitled to review his examination questions,
				  answers, papers, grades and grading key used in the examination under such
				  terms and conditions as may be prescribed by the Department, unless prohibited
				  or limited by rules implementing security or access guidelines of the
				  Conference of Funeral Services Examining Boards.
Rulemaking Authority
					 497.103,
					 497.144 FS. Law Implemented
					 497.144
					 FS.
New 11-11-79, Formerly 21J-16.06, 21J-16.006,
					 61G8-16.006.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-17 - FEES AND CONTINUING EDUCATION › Section 69K-17.001 - Examination Fees for Embalmers and Funeral Directors; Manner of Application

Current through Reg. 50, No. 138; July 16, 2024
(1) Examination fee for a person desiring to
				be licensed as an embalmer who is required to sit for an examination, as
				provided by Section  497.368, F.S., shall be $110.00
				for the Florida laws and rules portion and $200.00 for the conference portion,
				and shall be paid at the same time as the licensure fee. The $200.00 for the
				conference portion includes the actual per applicant cost for purchase of
				portions of the examination.
(2)
				Examination fee for a person desiring to be licensed as a funeral director who
				is required to sit for an examination, as provided by Section
				 497.373, F.S., shall be $110.00
				for the Florida laws and rules portion and $200.00 for the conference portion.
				The $200.00 for the conference portion includes the actual per applicant cost
				for purchase of portions of the examination.
(3) Examinations will be administered on the
				second Monday in January and July of each calendar year.
(4) All properly completed applications must
				be filed in the Board office at least ninety (90) days prior to the date on
				which the examination is to be administered. Otherwise the applicant shall
				schedule for the next available examination.
Rulemaking Authority
					 497.103,
					 497.368,
					 497.373 FS. Law Implemented
					 497.140,
					 497.144,
					 497.368,
					 497.373
					 FS.
New 11-11-79, Amended 6-3-81, Formerly 21J-17.01, Amended
					 5-9-88, 3-28-90, 7-22-90, 6-25-91, Formerly 21J-17.001, Amended 11-11-99,
					 4-22-01, Formerly 61G8-17.001.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-17 - FEES AND CONTINUING EDUCATION › Section 69K-17.0015 - Security and Monitoring Procedures for Licensure Examination

Current through Reg. 50, No. 138; July 16, 2024
The Board of Funeral, Cemetery, and Consumer Services adopts
				  by reference Rule  61-11.014, F.A.C., as it existed on January 1, 1997, of the
				  Department of Business and Professional Regulation as its rule governing
				  examination security and monitoring.
Rulemaking Authority 497.103, 497144(6) FS. Law Implemented
					 497.144(6)
					 FS.
New 3-22-82, Formerly 21J-17.015, 21J-17.0015, Amended
					 10-13-97, Formerly 61G8-17.0015.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-17 - FEES AND CONTINUING EDUCATION › Section 69K-17.002 - Application Fees; Licensure by Endorsement for Embalmers and Funeral Directors

Current through Reg. 50, No. 138; July 16, 2024
(1) Application fee
				for persons desiring to be licensed by endorsement or reciprocity as an
				embalmer shall be $50.
(2)
				Application fee for persons desiring to be licensed by endorsement or
				reciprocity as a funeral director shall be $50.
(3) Examinations will be administered on the
				second Monday in January and July of each calendar year.
(4) All properly completed applications must
				be filed in the Board office at least ninety (90) days immediately preceding
				the first day of the month in which the examination is to be administered.
				Otherwise the applicant shall schedule for the next available
				examination.
(5) The application
				fee is to be paid at the same time as the initial licensure and licensure
				examination fees.
(6) A member of
				the United States Armed Forces, such member's spouse, and a veteran of the
				United States Armed Forces who separated from service within 2 years preceding
				the application for licensure are exempt from the application fee, the initial
				provisional licensure fee, and the initial issuance fee. The military record
				must show such member is currently in good standing or such veteran was
				honorably discharged.
Rulemaking Authority
					 497.103,
					 497.369,
					 497.374 FS. Law Implemented
					 497.140,
					 497.144,
					 497.369,
					 497.374
					 FS.
New 11-11-79, Amended 6-3-81, Formerly 21J-17.02, Amended
					 3-28-90, Formerly 21J-17.002, Amended 9-10-96, 11-11-99, Formerly 61G8-17.002,
					 Amended 2-18-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-17 - FEES AND CONTINUING EDUCATION › Section 69K-17.0025 - Active Status License

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				Department shall renew an active license to practice funeral directing upon
				timely receipt of the complete application for active status, the biennial
				renewal fee, and certification that the licensee has demonstrated participation
				in the continuing education.
(2)
				The term "complete application" for purposes of active status or inactive
				status licensure shall mean the renewal card including the place of practice
				and names of all licensed operational personnel.
Rulemaking Authority
					 497.103,
					 497.365,
					 497.379 FS. Law Implemented
					 497.365,
					 497.379
					 FS.
New 1-2-95, Formerly
					 61G8-17.0025.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-17 - FEES AND CONTINUING EDUCATION › Section 69K-17.0026 - Inactive Status License

Current through Reg. 50, No. 138; July 16, 2024
(1) Any
				licensee may elect at the time of license renewal to place the license into
				inactive status by filing with the Board a complete application for inactive
				status as defined in Rule
				 69K-17.0025, F.A.C., and paying
				the inactive status fee.
(2) An
				inactive status licensee may change to active status at any time provided the
				licensee meets the continuing education requirements of Rule
				 69K-17.0034, F.A.C., if
				applicable, pays the active status fees for each biennium during which the
				license was inactive, pays the reactivation fee, and if the request to change
				licensure status is made at any time other than at the beginning of a licensure
				cycle, pays the additional processing fee. However, a licensee whose license
				has been in inactive status for more than two consecutive biennial licensure
				cycles shall be required to appear before the Board before the license can be
				placed into active status. The Board at the time of the appearance shall impose
				upon the licensee reasonable conditions necessary to insure that the licensee
				can practice with the care and skill sufficient to protect the health, safety
				and welfare of the public.
Rulemaking Authority
					 497.103,
					 497.365 FS. Law Implemented
					 497.365
					 FS.
New 1-2-95, Amended 11-11-99, Formerly
					 61G8-17.0026.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-17 - FEES AND CONTINUING EDUCATION › Section 69K-17.0027 - Delinquent License

Current through Reg. 50, No. 138; July 16, 2024
The delinquent status licensee who applies for active or
				  inactive license status shall:
(1)
				File with the Board the complete application for either active or inactive
				status as defined in subsection
				 69K-17.0025(2),
				F.A.C.;
(2) Pay to the Board either
				the active status or inactive status fee, the delinquency fee, and if
				applicable the processing fee; and
(3) If active status is elected, demonstrate
				compliance with the continuing education requirements found in Rule
				 69K-17.0034,
				F.A.C.
Rulemaking Authority
					 497.103,
					 497.365 FS. Law Implemented
					 497.365
					 FS.
New 1-2-95, Amended 11-11-99, Formerly
					 61G8-17.0027.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-17 - FEES AND CONTINUING EDUCATION › Section 69K-17.003 - Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) Licenses and registrations shall be
				renewed in accordance with the rules of the Department.
(2) The following biennial active status fees
				are prescribed by the Board:
(a) Biennial
				active status fee for license of embalmer shall be $375.
(b) Biennial active status fee for license of
				funeral director shall be $375.
(c)
				Biennial active status fee for license renewal of funeral director/embalmer
				shall be $375.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-17 - FEES AND CONTINUING EDUCATION › Section 69K-17.0030 - Direct Disposer/Establishment; Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) The direct disposer nonrefundable
				application fee shall be $375.
(2)
				The direct disposer renewal fee shall be $375.
(3) The direct disposal establishment
				nonrefundable application fee shall be $450.
(4) A member of the United States Armed
				Forces, such member's spouse, and a veteran of the United States Armed Forces
				who separated from service within 2 years preceding the application for
				licensure are exempt from the individual application fee. The military record
				must show such member is currently in good standing or such veteran was
				honorably discharged.
Rulemaking Authority
					 497.103,
					  497.140,
					  497.602,
					  497.603,
					 497.604 FS. Law Implemented
					 497.140,
					 497.602,
					 497.603,
					  497.604 FS.
New 3-10-98, Formerly 61G8-17.0030, Amended 7-3-06,
					 5-19-09, 2-18-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-17 - FEES AND CONTINUING EDUCATION › Section 69K-17.0034 - Continuing Education for License Renewal

Current through Reg. 50, No. 138; July 16, 2024
(1) A "CONTINUING EDUCATION REPORTING PERIOD"
				SHALL BE THE 24 MONTHS IMMEDIATELY PRECEDING THE SCHEDULED LICENSE RENEWAL
				DATE, FOR FUNERAL, DIRECTOR, EMBALMER, COMBINATION FUNERAL DIRECTOR AND
				EMBALMER, AND DIRECT DISPOSER LICENSEES.
(2) NO FUNERAL DIRECTOR, EMBALMER,
				COMBINATION FUNERAL DIRECTOR AND EMBALMER, OR DIRECT DISPOSER LICENSE SHALL BE
				RENEWED UNLESS THE LICENSEE HAS, DURING THE 24 MONTHS PRECEDING THE RENEWAL
				DATE, COMPLETED THE FOLLOWING NUMBER OF HOURS OF CONTINUING EDUCATION:
(a) Each funeral director, embalmer, and
				combination funeral director and embalmer, shall in each continuing education
				reporting period complete twelve (12) hours of continuing education, at least
				one hour of which shall be in a course approved for continuing education credit
				in the communicable disease category.
(b) Each direct disposer shall in each
				continuing education reporting period complete six (6) hours of continuing
				education, at least one hour of which shall be in a course approved for
				continuing education credit in the communicable disease
				category.