reglab/statecodes huggingface dataset:
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-17.0035 - Communicable Disease Education Required for Operational Personnel

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule implements Section
				 497.162, F.S.
(2) "Operational Personnel" subject to the
				communicable disease course required under Section
				 497.162, F.S., shall be those
				unlicensed staff of any funeral establishment, direct disposal establishment,
				cinerator facility, removal service, refrigeration facility, or centralized
				embalming facility, who have direct contact with human remains. "Staff" as used
				in this rule includes persons who are directly employed by the establishment,
				facility, or service, as well as staff provided to the establishment, facility,
				or service by or through an employee leasing firm, temporary staffing firm, or
				similar business.
(3) For purposes
				of this rule human remains includes a body, a detached body part, or any body
				fluids in, taken from, or seeping from, human remains.
(4) For purposes of this rule direct contact
				includes touching the human remains whether or not the staff is wearing gloves
				or other protective gear. Direct contact includes contact with clothes being
				worn on the human remains.
(5) The
				course required by Section
				 497.162, F.S., shall be a course
				approved by the Board for at least 2 hours of continuing education credit in
				the communicable disease category under Rule
				 69K-17.0042, F.A.C., covering
				the basic elements of communicable disease risks and risk prevention and
				mitigation in the deathcare industry context. The course may be taken through
				use of pre-recorded DVD or video-cassette, or other type of audio, video,
				Internet, or home study course.
(6)
				All persons subject to Section
				 497.162, F.S., shall maintain a
				certificate of completion showing proof of meeting the communicable disease
				education requirement as a condition of employment with any establishment,
				facility or service regulated under Chapter 497, F.S.
Rulemaking Authority
					 497.103(1)(s),
					 (5)(a),
					 497.162 FS. Law Implemented
					 497.162
					 FS.
New 4-10-94, Amended 9-10-96, 11-20-96, 6-24-01, Formerly
					 61G8-17.0035, Amended 6-9-09, 8-10-11.
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-17.0036 - Course Required for Initial Licensure

Current through Reg. 50, No. 138; July 16, 2024
In any instance in which, under Chapter 497, F.S., an
				  applicant for license is required as a condition of licensure to take a
				  communicable disease course, the course shall be a course approved by the Board
				  for at least 2 hours of credit in the communicable disease category under Rule
				   69K-17.0042, F.A.C., covering
				  the basic elements of communicable disease risks and risk prevention and
				  mitigation in the deathcare industry context. The applicant shall provide with
				  their application for license proof of completing the required communicable
				  disease course. Such proof shall comply with the requirements of Rule
				  69K-100.036, F.A.C., "Proof of satisfying educational requirements." The course
				  shall have been completed within 24 months prior to the date the application
				  for licensure is received by the Division.
Rulemaking Authority
					 497.103(5),
					 497.141(2),
					 497.147(1), (2),
					 (4) FS. Law Implemented
					  497.368(1)(e),
					  497.369(1)(c),
					  497.373(1)(e),
					  497.374(1)(c),
					  497.378(1),
					  497.602(3)(c) 
					 FS.
New 4-10-94, Amended 6-24-01, Formerly 61G8-17.0036,
					 Amended 9-5-12.
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-17.004 - Continuing Education for Reactivation

Current through Reg. 50, No. 138; July 16, 2024
(1) Every license holder pursuant to Chapter
				497, F.S., whose license has been inactive or delinquent for more than one (1)
				year shall be required to complete the same continuing education requirements
				as an active licensee for all biennial licensure periods in which the licensee
				was inactive or delinquent, as a condition for reactivating his
				license.
(2) Embalmer licensees
				must attend courses which include instruction in at least one of the following
				course areas: theory and practice of embalming, restorative art, pathology,
				anatomy, microbiology, chemistry, hygiene, public health and sanitation, and
				the local and state laws and rules relating to the disposition of dead
				bodies.
(3) Funeral director
				licensees must attend courses which include instruction in at least one of the
				following course areas: funeral service sanitation, principles of funeral
				service, funeral home operation, and state and federal laws and rules
				concerning funeral directing and embalming, disposition of dead human bodies,
				vital statistics, medical examiners, burial insurance and contracts, offenses
				concerning dead human bodies and the shipment and care of bodies dying from
				infectious diseases. A licensee may utilize courses which meet the criterion
				set forth in subsection (2) of this rule toward completion of the continuing
				education requirement for funeral director licenses.
(4) Direct disposer licensees must attend
				courses which include instruction in at least one of the following course
				areas: health, safety, and laws and rules.
Rulemaking Authority
					 497.103,
					 497.147,
					 497.379 FS. Law Implemented
					 497.147,
					 497.365,
					 497.379
					 FS.
New 11-11-79, Amended 8-25-81, 11-22-83, 4-10-84, Formerly
					 21J-17.04, 21J-17.004, Amended 1-2-95, 2-16-98, 6-24-01, Formerly
					 61G8-17.004.
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-17.0041 - Continuing Education Provider Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) For purposes of definitions, the
				following shall apply to this rule:
(a)
				"Board" means the Board of Funeral, Cemetery, and Consumer Services;
(b) "Course" means any course, seminar or
				other program of instruction which has been approved by the Board for the
				purposes of complying with continuing education requirements. All courses given
				by a mortuary school or college approved by the American Board of Funeral
				Service Education shall be approved courses with application to the Board for
				continuing education approval pursuant to Rule
				 69K-17.0042, F.A.C.
(c) "Hour" means a minimum of fifty minutes
				or a maximum sixty minutes of classroom or alternative non-classroom continuing
				education.
(d) "Continuing
				Education Provider" means the person or legal entity that is approved pursuant
				to this rule and that is responsible for conducting a course approved pursuant
				to this rule chapter.
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-17.0042 - Approval of Continuing Education Courses

Current through Reg. 50, No. 138; July 16, 2024
(1) A continuing education course shall be
				approved for a maximum of two (2) years by the Board and issued a course number
				if the materials submitted are complete and demonstrate that the course covers
				approved subject matter.
(2) The
				course provider must submit to the Board, in writing, notice of any changes in
				the information provided in the initial request for course approval. This
				notification must be made within 30 days following the date the change is
				effective.
(3) Approved subject
				matter includes, as appropriate to the scope of practice of the licensee to
				whom credit shall be awarded.
(a) Basic theory
				and practice of funeral directing, embalming, or direct disposal
				services.
(b) Technical subjects
				including mortuary sciences, skill and technique development, scientific
				applications, and other topics specific to the overall practice of funeral
				directing, embalming, or direct disposal of human remains.
(c) Communicable diseases including
				transmission, sterilization techniques, risk education methods in practice of
				professional services.
(d) Public
				health and safety subjects including grief management, stress management, risk
				management, biohazardous and hazardous waste, and pathology.
(e) Subjects dealing with licensees' legal
				and ethical responsibilities, including the laws and rules governing the
				practice.
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-17.0043 - Required Records Maintained by Provider

Current through Reg. 50, No. 138; July 16, 2024
(1) Each provider must maintain the following
				records with regard to each offering:
(a)
				Date course is completed.
(b) Name
				and approved CE provider providing the program.
(c) Total number of CE credit hours awarded
				to participant.
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-17.0044 - Advertising of Continuing Education Courses

Current through Reg. 50, No. 138; July 16, 2024
(1) A course provider may not advertise a
				course as one approved by the Board for continuing education until such
				approval is granted by the Board.
(2) A course provider may not include any
				false or misleading information regarding the contents, instructors, providers,
				or number of continuing education hours of any course approved under this
				rule.
(3) All advertisement
				concerning continuing education course offerings must include the Board
				approved course number, approved provider number, continuing education hours
				awarded upon completion, and total costs to the
				participant.
Rulemaking Authority
					 497.103,
					 497.147 FS. Law Implemented
					 497.147
					 FS.
New 4-10-94, Amended 6-24-01, Formerly
					 61G8-17.0044.
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-17.005 - Exemption of Spouses of Members of Armed Forces from Licensure Renewal Provisions. (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 497.103,
					 497.168 FS. Law Implemented
					 497.168
					 FS.
New 4-10-84, Formerly 21J-17.05, 21J-17.005, Amended
					 12-10-00, Formerly 61G8-17.005, Transferred to
					  69K-1.004.
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-17.008 - Delinquency Fee

Current through Reg. 50, No. 138; July 16, 2024
A delinquent status licensee shall pay a delinquency fee of
				  $50.00 when the licensee applies for active or inactive
				  status.
Rulemaking Authority
					 497.103,
					 497.365(7) FS.
					 Law Implemented 497.365(7)
					 FS.
New 1-2-95, Formerly
					 61G8-17.008.
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-17.009 - Processing Fee

Current through Reg. 50, No. 138; July 16, 2024
A licensee shall pay a processing fee of $50.00 when the
				  licensee applies for a change in licensure status at any time other than during
				  licensure renewal.
Rulemaking Authority
					 497.103,
					 497.365(8) FS.
					 Law Implemented 497.365(8)
					 FS.
New 1-2-95, Formerly
					 61G8-17.009.
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-17.010 - Inactive Status Fee

Current through Reg. 50, No. 138; July 16, 2024
A funeral director, funeral director/embalmer or direct
				  disposer licensee shall pay an inactive status fee of $130.00 when the licensee
				  applies for inactive status. An embalmer licensee shall pay an inactive status
				  fee of eighty dollars ($80.00) when the licensee applies for inactive
				  status.
Rulemaking Authority
					 497.103,
					 497.365 FS. Law Implemented
					 497.365
					 FS.
New 1-2-95, Amended 10-13-97, Formerly
					 61G8-17.010.
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-17.011 - Reactivation Fee

Current through Reg. 50, No. 138; July 16, 2024
The fee for reactivating an inactive embalmer, funeral
				  director or direct disposer license shall be $50.00. The fee for reactivating
				  an inactive funeral director/embalmer license shall be one hundred dollars
				  ($100.00).
Rulemaking Authority
					 497.103,
					 497.365 FS. Law Implemented
					 497.365
					 FS.
New 7-4-95, Amended 10-13-97, Formerly
					 61G8-17.011.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-18 - INTERNSHIP › Section 69K-18.002 - Funeral Director Intern Training Program

Current through Reg. 50, No. 138; July 16, 2024
(1) THIS RULE IMPLEMENTS SECTIONS
				 497.375 AND
				 497.373(2)(c),
				F.S.
(2) APPLICATION FOR FUNERAL
				DIRECTOR INTERN LICENSE.
(a) Persons desiring
				licensure as a funeral director intern shall apply for such license by
				completing a form DFS-N1-1722, "Application for Funeral Director Intern
				License," which is incorporated by reference in Rule
				 69K-1.001, F.A.C., and filing
				same, together with a nonrefundable fee of $105, with the Division. The
				application form shall be filed with the Division at the address stated on the
				form. The fee includes an application of $100 and an unlicensed activity fee of
				$5, which shall accompany the form.
(b) 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 and the initial unlicensed
				activity fee. The military record must show such member is currently in good
				standing or such veteran was honorably discharged.
(c) Applicants shall submit with their
				application for license, proof of satisfying the education requirements of
				Section  497.375(1)(b),
				F.S. The applicant shall submit, with the application, proof of satisfying
				education requirements complying with Section
				 497.373, F.S.
(d) If the Division determines that the
				applicant for internship has no reportable criminal history within the meaning
				of Section  497.142(10)(c),
				F.S., and has no record of disciplinary action against any professional
				license, and otherwise meets the criteria for issuance of the internship
				license pursuant to Section
				 497.375, F.S., the Division
				shall so notify the applicant in writing, and upon receipt of such written
				notification the applicant may commence their internship; provided, all such
				approvals by the Division shall be reported to the Board at its next regular
				monthly meeting and shall be subject to ratification by the Board. As to any
				applicant which the Division determines has a reportable criminal history
				within the meaning of Section
				 497.142(10)(c),
				F.S., or has a record of disciplinary action against any professional license,
				or fails to meet any criteria for issuance of the internship license pursuant
				to Section  497.375, F.S., the Division
				shall present the application to the Board for its decision at the Board's next
				regular in-person monthly meeting.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-18 - INTERNSHIP › Section 69K-18.003 - Concurrent Internships

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule
				implements Section  497.377, F.S.
(2) GENERAL - An applicant for concurrent
				internship must meet all the separate requirements for the funeral director
				internship, and the embalmer internship. An applicant for concurrent internship
				shall complete and file with the Division form DFS-N1-1732, "Application for
				Concurrent Intern License," which is incorporated by reference in Rule
				 69K-1.001, F.A.C. Unless exempt,
				the application shall be accompanied by payment of the application fee
				specified on the form. The application fee is nonrefundable.
(3) LENGTH OF INTERNSHIP.
(a) One year of full-time internship training
				served concurrently, consisting of both funeral director and embalming
				activities, shall be required to satisfy the requirement of a concurrent
				internship under Section
				 497.377, F.S. "Full-time" shall
				be deemed and construed to mean training comprising at least 40 hours each week
				for at least fifty weeks.
(b) A
				concurrent internship shall not begin prior to approval of the internship
				application by the board. A concurrent internship shall be deemed to begin on
				the day after the Board approves the internship application; provided, an
				intern may on the internship application request an internship start date of up
				to 21 days after Board approval of the internship application, and such request
				shall be granted.
(c) The funeral
				director portion of a concurrent internship shall terminate at the end of the
				365th day after the internship began, unless renewed by the Board pursuant to
				Section  497.375(4),
				F.S. A funeral director internship may not be extended, but may be renewed
				subject to the requirements of Sections
				 497.375(4)(b) and
				(c), F.S.
(d) The embalmer portion of the concurrent
				internship may not be renewed pursuant to Section
				 497.375(4)(b),
				F.S. The embalmer portion of a concurrent internship shall terminate 365 days
				after issuance of the concurrent internship license, unless extended due to
				personal injury or illness of the intern as specified in Rule
				 69K-18.001,
				F.S.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-18 - INTERNSHIP › Section 69K-18.004 - Intern Training Agencies

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Funeral establishments which are in good standing and approved as training
				agencies by the Board as of June 30, 1979, shall continue as approved intern
				training agencies under this rule provision.
(2) Funeral establishments desiring to become
				registered as an intern training agency pursuant to Sections
				 497.370 and
				 497.375, F.S., shall submit an
				application for such approval to the Division on Form DFS-N1-1749,
				"Registration as a Training Agency," which is incorporated by reference in Rule
				 69K-1.001, F.A.C. The form is
				available on the Department's website at
http://www.myfloridacfo.com/Division/funeralcemetery/
.
(3) In order to be approved as an embalmer
				intern training agency, a funeral establishment shall have performed at least
				20 embalming cases per year for each intern it is applying to train in order to
				demonstrate its ability to provide such embalmer interns with the necessary
				intern training and experience. In order to be approved as a funeral director
				intern training agency, a funeral establishment shall have performed at least
				40 funeral services per year for each intern it is applying to train in order
				to demonstrate its ability to provide such funeral director interns with the
				necessary intern training and experience.
(4) Funeral establishments which are approved
				as embalmer intern training agencies shall provide at least the following
				training for embalmer interns:
(a) Handling
				and use of equipment, supplies and facilities of funeral
				establishments;
(b) Preparing
				bodies for embalming, including bathing, shaving, and setting of
				features;
(c) Embalming of
				bodies;
(d) Care of embalming
				instruments;
(e) Dressing and
				casketing of bodies;
(f)
				Preparation of bodies for shipment; and
(g) Study of applicable local and state rules
				relating to embalming.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-20 - CINERATOR FACILITY REPORTS › Section 69K-20.001 - Report of Cases Embalmed or Bodies Handled

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule implements section
				 497.382, F.S.
(2) Each funeral establishment, direct
				disposal establishment, cinerator facility, and centralized embalming facility,
				shall each month complete the form identified in subsection (3), below, as
				pertinent to its category of licensure. The licensee shall retain each such
				completed form in its records at its licensed business premises, for inspection
				by Division staff, for 36 months after the month to which the form
				relates.
(3) Forms.
(a) Funeral establishments shall utilize form
				DFS-N1-1751, "Funeral Establishment/Monthly Report of Cases Embalmed or Bodies
				Handled," Rev. 10-06, which is incorporated by reference in rule
				 69K-1.001, F.A.C.
(b) Direct disposal facilities shall utilize
				form DFS-N1-1752, "Direct Disposal Establishment/Monthly Report of Cases
				Embalmed or Bodies Handled," Rev. 10-06, which is incorporated by reference in
				rule  69K-1.001, F.A.C.
(c) Cinerator facilities shall utilize form
				DFS-N1-1753, "Cinerator Facility/Monthly Report of Cases Embalmed or Bodies
				Handled," Rev. 10-06, which is incorporated by reference in rule
				 69K-1.001, F.A.C.
(d) Centralized embalming facilities shall
				utilize form DFS-N1-1754, "Centralized Embalming Facility/Monthly Report of
				Cases Embalmed or Bodies Handled," Rev. 10-06, which is incorporated by
				reference in rule  69K-1.001,
				F.A.C.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-21 - FUNERAL ESTABLISHMENTS › Section 69K-21.001 - Licensure Procedure; Consequences of Operating Prior to Licensure

Current through Reg. 50, No. 138; July 16, 2024
Applications for funeral establishment licensure shall be
				  filed with the Department at least 30 days prior to the date the establishment
				  is scheduled to open for business.
(1)
				The Department shall issue a license to any applicant the Board or its designee
				certifies as having met the licensure requirements specified in this rule and
				in Section  497.380, F.S., received a
				satisfactory rating on an inspection pursuant to Rule
				 69K-21.003, F.A.C., and paid the
				fee specified in Rule
				 69K-21.004, F.A.C.
(2) Each application shall include the name
				of the full-time funeral director in charge.
(3) Each application shall disclose whether
				embalming is to be offered from the establishment and if it is, then the
				application must indicate the provision of a preparation room which meets the
				requirements specified in paragraphs
				 69K-21.003(1)(a) 
				-(g), F.A.C., the location of the centralized embalming facility as defined in
				subsection  69K-21.003(3),
				F.A.C., or shall provide (prior to any service being provided) the name and
				address of any establishment with which it has entered into an agreement to
				provide embalming services.
(4) No
				funeral establishment shall be operated or be opened for business prior to the
				issuance of a funeral establishment license by the Department for that
				establishment. Violation of this section shall be grounds for denial of
				licensure.
Rulemaking Authority
					 497.103,
					 497.380 FS. Law Implemented
					 497.380
					 FS.
New 2-13-80, Amended 3-26-84, Formerly 21J-21.01, Amended
					 10-21-91, Formerly 21J-21.001, Amended 2-17-00, Formerly 61G8-21.001, Amended
					 3-1-20.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-21 - FUNERAL ESTABLISHMENTS › Section 69K-21.002 - Inspections

Current through Reg. 50, No. 138; July 16, 2024
(1) All funeral establishments shall be
				subject to inspection by the Department at all times with or without notice.
				The inspection shall include, but not be limited to, all offices, closets,
				rooms, refrigeration room, preparation room, casket areas, alternate container
				areas, chapels, vehicles used in the funeral business, grounds contiguous to
				the funeral establishment, funeral arrangements agreements and other documents
				used in the funeral business. Enterprises operating more than one establishment
				may maintain funeral arrangement agreements and other related documents in a
				centralized facility, provided that the Department is previously notified in
				writing of the name and location of the centralized facility.
(2) All new funeral establishments shall be
				inspected and shall receive a satisfactory rating prior to the issuance of an
				establishment license and shall comply with the criteria set forth in rule
				 69K-21.003, F.A.C.
(3) All existing funeral establishments shall
				be inspected once every year as provided in section
				 497.380, F.S., and shall comply
				with the criteria set forth in rule
				 69K-21.003, F.A.C.
(4) A funeral establishment shall be
				inspected by the Department under the following circumstances, and the
				Department shall be notified by the owner of the establishment at least 10 days
				before paragraph (a), (b), or (c) occur:
(a)
				When a funeral establishment moves to a new location;
(b) When ownership of a funeral establishment
				is changed or otherwise transferred;
(c) When major alterations or modifications
				in the physical structure of a funeral establishment are made;
(d) To ensure protection of the public
				health, safety, and welfare.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-21 - FUNERAL ESTABLISHMENTS › Section 69K-21.003 - Inspection Criteria (Funeral Establishments)

Current through Reg. 50, No. 138; July 16, 2024
The Department shall inspect funeral establishments on the
				  basis of the following:
(1) There
				shall be either a refrigeration room for the storage of dead human bodies, or
				written arrangements for the refrigeration and storage of dead human bodies at
				a facility within 75 miles of the funeral establishment.
(2) If a funeral establishment offers
				cremation services, and a retort is not on the funeral establishment's
				premises, the cinerator facility that the funeral establishment contracts with
				must be within 75 miles of their physical location.
(3) An embalming preparation room in a
				funeral establishment shall be equipped as follows:
(a) Adequate ventilation, including an
				exhaust fan with proper screening adequate to exchange the air in the room with
				outside air at least twelve (12) times per hour;
(b) Operating table with non-porous
				surface;
(c) Sanitary floors with
				non-porous surface;
(d) Sanitary
				waste receptacles;
(e) A hand sink
				with hot and cold water and a service sink and a floor drain or sanitary drain
				for the removal of body fluids connected to central sewage system or septic
				tank. The floor drain may be replaced by an alternative method of removal of
				body fluids which meet the sanitation requirements of paragraph
				 69K-21.003(1)(c),
				F.A.C.;
(f) The following
				instruments shall be properly maintained:
1.
				1 machine for embalming or gravity equipment;
2. 1 aspirator;
3. 1 master trocar;
4. 1 aneurism needle;
5. 1 scalpel;
6. 1 drain tube;
7. 1 arterial tube;
8. 1 scissor;
9. Surgical needles;
10. Eye caps;
11. Surgeon's thread;
12. 1 head rest;
13. Razor and blades;
14. Absorbent cotton;
15. Antiseptic soap;
16. Sheet(s);
17. Towel(s);
18. Disinfectant;
19. Tubing;
20. Disposable surgical
				gloves.
(g) The following
				minimum supplies for embalming dead human bodies:
1. 2 bottles arterial fluid per
				body;
2. 1 bottle cavity fluid per
				body;
3. Supply of hardening
				compound for autopsies.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-21 - FUNERAL ESTABLISHMENTS › Section 69K-21.004 - Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) The application fee for a funeral
				establishment shall be $300.00 and will include licensure for the remainder of
				the biennium during which license application is granted.
(2) The biennial renewal fee for funeral
				establishments shall be $450.00.
(3) Each funeral establishment shall pay an
				annual inspection fee of $225.00 payable upon application and upon each
				biennial renewal.
(4) The initial
				annual inspection fee and the initial application fee shall be due at the same
				time and shall be paid together and the subsequent annual inspection fee and
				the biennial renewal fee shall be due at the same time and shall be paid
				together.
(5) A delinquent fee of
				fifty dollars ($50.00) shall be paid. This fee is owed when due.
(6) The fee for each duplicate license shall
				be $25.00. To obtain a duplicate license, a licensee must inform the Department
				that the licensee needs a duplicate license and pay the duplicate license fee
				to the Department.
(7) In the event
				that a licensed establishment changes its licensed name, the Board office shall
				be notified within 30 days. Such notification shall include documentation of
				the name change as well as a $25.00 duplicate license fee and the original
				license. A duplicate license, reflecting the new business name will be
				generated, upon receipt of the original license and completion of these
				requirements. Documentation submitted will remain in the Department's
				possession.
(8) In the event that a
				licensed individual changes his or her name, legal documentation must be
				submitted to the Board office. A fee of $25.00 will be required, in addition to
				the original license. A duplicate license, reflecting the new name will be
				generated, upon receipt of the original license and completion of these
				requirements. Documentation submitted will remain in the Department's
				possession.
Rulemaking Authority
					 497.103,
					 497.140,
					 497.380 FS. Law Implemented
					 497.140,
					 497.146,
					 497.365(7),
					 497.380
					 FS.
New 2-13-80, Formerly 21J-21.04, Amended 3-29-90, 12-18-90,
					 Formerly 21J-21.004, Amended 3-30-94, 5-1-96, 9-17-97, 10-29-97, 2-16-98,
					 11-17-99, 12-28-00, Formerly 61G8-21.004, Amended
					 6-15-09.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-21 - FUNERAL ESTABLISHMENTS › Section 69K-21.005 - Display of Licenses

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule
				implements sections  497.380(15)  and
				 497.604(10),
				F.S.
(2) The current establishment
				license and the license of any funeral director or embalmer or direct disposer
				employed in the establishment shall be displayed for public inspection, in a
				conspicuous place inside the establishment in such a manner as to make them
				visible to patrons of the establishment and facilitate inspection by the
				Department. The following documents must be readily available, upon demand, for
				public inspection at all times:
(a) Current
				licenses/registrations of all employees or copies thereof;
(b) Latest inspection report or copies
				thereof;
(c) Current copy of
				inspection rules and inspection criteria adopted by the Board or
				Department.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-21 - FUNERAL ESTABLISHMENTS › Section 69K-21.006 - Retention of Contracts and Other Documents

Current through Reg. 50, No. 138; July 16, 2024
Each funeral establishment shall retain copies of all signed
				  at need and pre-need contracts and written agreements used in making
				  arrangements for final disposition of dead human bodies for at least two years
				  after such final disposition. Such establishments shall also retain, for at
				  least two years, copies of the final bill and other written evidence of
				  agreement or obligation furnished to customers.
Rulemaking Authority
					 497.103(5),
					 497.149(4) FS.
					 Law Implemented 497.103(2)(a),
					 497.149(1)(b)
					 FS.
New 9-2-91, Formerly 21J-21.006,
					 61G8-21.006.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-21 - FUNERAL ESTABLISHMENTS › Section 69K-21.007 - Responsibility of Funeral Director in Charge

Current through Reg. 50, No. 138; July 16, 2024
(1) The full-time funeral director in charge
				of each funeral establishment shall be responsible for making sure that a
				licensed funeral director is reasonably available to the public during normal
				business hours for that establishment.
(2) For purposes of this rule:
(a) "Full-time funeral director in charge"
				means a licensed funeral director who is responsible for the day to day
				operation of a funeral establishment;
(b) "Reasonably available to the public"
				means:
1. On the premises and ready to make
				funeral arrangements for, or to respond to, persons entering the establishment;
				or
2. In a position to be notified
				of persons entering the establishment and to respond to them in person or
				telephonically within two hours to set up an appointment for a face to face
				meeting with them during normal business hours.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-21 - FUNERAL ESTABLISHMENTS › Section 69K-21.008 - Notification of Change in Funeral Director in Charge

Current through Reg. 50, No. 138; July 16, 2024
The Board office shall be notified in writing within twenty
				  (20) days of any change in a funeral director in charge (FDIC). The former
				  FDIC, the new FDIC, and the funeral establishment shall be responsible for
				  filing such notice.
Rulemaking Authority
					 497.103,
					 497.380(12) FS.
					 Law Implemented 497.380
					 FS.
New 9-3-92, Formerly 21J-21.008, Formerly
					 61G8-21.008.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-21 - FUNERAL ESTABLISHMENTS › Section 69K-21.009 - Disinterment Reporting

Current through Reg. 50, No. 138; July 16, 2024
Funeral directors performing disinterments shall report the
				  name of the deceased, the date of death, the date disinterred, place of
				  original burial, name and license number of funeral director responsible for
				  disinterment, disinterment or burial transit number on the Report of Cases
				  Embalmed or Bodies Handled, as described in rule
				   69K-20.001, F.A.C., with respect
				  to each dead human body disinterred. The report shall be mailed to the Board
				  not later than the 10th day of the subsequent month during which the
				  disinterment occurred.
Rulemaking Authority
					 497.103,
					 497.382,
					 497.384 FS. Law Implemented
					 497.382,
					 497.384
					 FS.
New 3-29-95, Formerly
					 61G8-21.009.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-21 - FUNERAL ESTABLISHMENTS › Section 69K-21.055 - Notice to the Department of Mailing Address and Place of Practice of License

Current through Reg. 50, No. 138; July 16, 2024
Each licensee and registrant shall provide by mail written
				  notification to the Department the licensee's current mailing address and place
				  of practice. The term "place of practice" means the physical location where the
				  practice of the profession occurs, and for a funeral director in charge the
				  place of practice is the location designated where the funeral director is in
				  charge.
Rulemaking Authority
					 497.103,
					 497.146 FS. Law Implemented
					 497.146
					 FS.
New 1-8-95, Formerly
					 61G8-21.055.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-22 - CINERATOR FACILITIES › Section 69K-22.001 - Application for Licensure; Consequences of Operating Prior to Licensure

Current through Reg. 50, No. 138; July 16, 2024
(1) Applications for cinerator facility
				licensure shall be filed with the Department at least 30 days prior to the date
				the facility is scheduled to open for business. The Board shall designate a
				board member to review all applications for cinerator facility licensure. The
				Department shall issue a license to any applicant the designee certifies as
				having met the licensure requirements specified in this rule and in section
				 497.606, F.S., received a
				satisfactory rating on an inspection pursuant to rule
				 69K-22.002, F.A.C., and paid the
				fee specified in rule
				 69K-22.003, F.A.C.
(2) If the designee failed to certify an
				applicant for licensure then his application shall be considered by the Board
				at the next available board meeting.
(3) No cinerator facility shall be operated
				or be open for business prior to the issuance of a cinerator facility license
				by the Department for that facility. Violation of this section shall be grounds
				for denial of licensure.
Rulemaking Authority
					 497.103,
					 497.606 FS. Law Implemented
					 497.606
					 FS.
New 2-13-80, Formerly 21J-22.01, Amended 5-19-92, Formerly
					 21J-22.001, Amended 10-29-97, 2-17-00, 6-14-00, Formerly
					 61G8-22.001.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-22 - CINERATOR FACILITIES › Section 69K-22.002 - Inspection

Current through Reg. 50, No. 138; July 16, 2024
Each cinerator facility shall be inspected prior to the
				  issuance and renewal of its license and shall meet the following
				  criteria:
(1) Maintain one or more
				retorts for the reduction of dead human bodies.
(2) Maintain refrigeration which satisfies
				the standards set by the Department of Health and which contains a sufficient
				number of shelves for the average daily number of bodies stored, if unembalmed
				bodies are kept at the site.
(3)
				Maintain sufficient pollution control equipment to comply with the Department
				of Environmental Protection requirements in order to secure annual approved
				certification.
(4) Either have on
				site or immediately available sufficient gasketed metal containers of a type
				required for the transportation of bodies.
(5) Maintain the premises in a clean and
				sanitary condition.
(6) Have
				appropriate Department of Environmental Protection permits.
(7) All signed contracts are to be retained
				for a period of at least two years.
Rulemaking Authority
					 497.103,
					 497.606 FS. Law Implemented
					 497.606
					 FS.
New 2-13-80, Amended 9-28-83, Formerly 21J-22.02, Amended
					 4-1-90, Formerly 21J-22.002, Amended 3-30-94, 6-23-04, Formerly
					 61G8-22.002.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-22 - CINERATOR FACILITIES › Section 69K-22.003 - Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) The application fee for a cinerator
				facility shall be $450.00 and will include licensure for the remainder of the
				biennium during which license application is granted.
(2) The biennial renewal fee for cinerator
				facilities shall be $450.00.
(3)
				Each cinerator facility shall be charged $225.00 for each annual inspection.
				These shall be paid biennially, at the same time as the renewal fee.
(4) The fee for each duplicate license shall
				be $25.00. To obtain a duplicate license, a licensee must inform the Department
				that the licensee needs a duplicate license and pay the duplicate license fee
				to the Department.
(5) In the event
				that a licensed establishment changes its licensed business name, the Board
				office shall be notified within 30 days. Such notification shall include
				documentation of the name change as well as a $25.00 duplicate license fee and
				the original license. A duplicate license, reflecting the new business name
				will be generated, upon receipt of the original license and completion of these
				requirements. Documentation submitted will remain in the Department's
				possession.
Rulemaking Authority
					 497.103,
					 497.140,
					 497.606 FS. Law Implemented
					 497.140,
					 497.606
					 FS.
New 2-13-80, Formerly 21J-22.03, Amended 4-1-90, 12-18-90,
					 Formerly 21J-22.003, Amended 2-21-95, 7-4-95, 9-17-97, 2-16-98, 11-17-99,
					 Formerly 61G8-22.003, Amended 7-3-06,
					 5-19-09.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-22 - CINERATOR FACILITIES › Section 69K-22.004 - Operating Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) Cinerator
				facility operators shall establish a system of identification of human remains
				received for cremation. This system shall be designed to track the identity of
				the remains from time of receipt until completion of the cremation and delivery
				of the cremated remains to the legally authorized persons, or until otherwise
				disposed of in accordance with instructions from the legally authorized
				person.
(2) No more than one dead
				human body shall be placed in a retort at one time unless written permission
				has been received from the legally authorized person responsible for each
				body.
(3) Upon completion of each
				cremation cycle, the cremated remains shall be removed from the retort,
				pulverized and placed in a separate container.
(4) Human remains shall be cremated in the
				container or casket in which received unless written instructions to the
				contrary are received from the legally authorized person. Personal effects
				shall not be removed from the deceased without express written consent from the
				legally authorized person.
(5) All
				alternative containers used for cremation must meet the criteria set forth in
				section  497.606(9)(h),
				F.S. The receptacle or container may be an unfinished wooden box or other
				non-metal alternative container, which is designed for the encasement of human
				remains and which is made of cardboard, fiberboard, pressed wood, composition
				materials, or other enclosures which are all rigid enough for handling with
				ease and which completely enclose the human remains during the entire cremation
				process.
(6) Any part of the
				container chosen for cremation which has not been completely consumed in the
				cremation process shall be disposed of by completely burning, crushing, or
				otherwise lawfully disposing of the container.
(7) The cremated remains and the separate
				container shall be disposed of according to the express written instruction of
				the legally authorized person. If no instructions are given, the cremated
				remains shall be disposed of in a dignified and humane manner as authorized by
				law.
Rulemaking Authority
					  497.103(1)(n),
					 (5)(a),
					  497.606,
					 497.607 FS. Law Implemented
					 497.103(1)(n),
					 497.606,
					  497.607 FS.
New 6-26-85, Amended 10-16-85, Formerly 21J-22.04,
					 21J-22.004, Amended 11-20-96, Formerly 61G8-22.004, Amended
					 2-5-07.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-22 - CINERATOR FACILITIES › Section 69K-22.006 - Designation of Cinerator Facility Supervisor

Current through Reg. 50, No. 138; July 16, 2024
Each cinerator facility shall designate in writing a
				  supervising funeral director or direct disposer at the time of application for
				  licensure and within 20 days of any changes in such supervising funeral
				  director or direct disposer.
Rulemaking Authority
					 497.103,
					 497.606 FS. Law Implemented
					 497.606
					 FS.
New 5-20-93, Formerly 21J-22.006,
					 61G8-22.006.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-22 - CINERATOR FACILITIES › Section 69K-22.007 - Standard Uniform Procedures for Removal of Cremated Remains and Postcremation Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) A cinerator
				facility operator shall follow its written procedures for the removal of
				cremated remains and the postcremation processing, shipping, packing, or
				identification of those remains filed with and approved by the Board, or it may
				adopt the following standard uniform procedures. In either case, the cinerator
				facility operator shall notify the Board of its choice on Form DFS-N1-1770,
				Election of Procedures for Removal of Cremated Remains and Postcremation
				Processing, which form is incorporated by reference, effective 10/06. Said form
				shall be mailed to, and can be obtained from, the Division of Funeral,
				Cemetery, and Consumer Services, 200 East Gaines Street, Tallahassee, Florida
				32399-0361. A cinerator facility shall not be operated unless it has
				established and follows its specified written procedures approved by the
				Board.
(2) Removal of Cremated
				Remains Resulting from the Cremation of a Human Body.
(a) Allow the crematory to cool to a suitable
				temperature for recovery of the remains after the burners have been shut off
				(either manually or automatically).
(b) Place a clean metal tray, pan or
				container in position to receive the cremated remains.
(c) Move the cremation documents from their
				position near the door or control panel of the crematory to a position in close
				proximity to or attached to the recovery pan, where it shall remain in place
				until the cremation process is complete.
(d) Upon completion of the cremation, all
				cremated remains shall be removed from the cremation chamber and the chamber
				swept clean.
(e) Remove the metal
				identification tag from the chamber and place it on or in the recovery tray,
				pan or container.
(f) Check the
				removal brushes and tools for bone fragments. If any fragments have adhered to
				the tools, place them in the recovery pan with the rest of the cremated
				remains.
(g) Take the recovery pan,
				its contents and the cremation documents to an appropriate cool down
				area.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-23 - DIRECT DISPOSER - EXAMINATION AND APPLICATION › Section 69K-23.001 - Manner of Application

Current through Reg. 50, No. 138; July 16, 2024
(1) All properly
				completed applications must be submitted no later than two calendar months
				prior to the first day of the month that the scheduled examination is to be
				administered.
(2) Examinations will
				be administered on the second Monday of January and July of each calendar
				year.
Rulemaking Authority
					 497.103,
					 497.602 FS. Law Implemented
					 497.602
					 FS.
New 2-13-80, Amended 5-21-81, Formerly 21J-23.01,
					 21J-23.001, Amended 1-4-98, 11-17-99, Formerly
					 61G8-23.001.