Florida Administrative Code

(1)(a) This rule sets forth the Department's procedure for processing applications of persons and entities who apply for the following licenses under chapter 497, F.S. 1. Broker of burial rights; 2. Centralized embalming facility; 3. Cinerator facility; 4. Concurrent intern (fune…

(1) A licensee who, pursuant to section 497.142(10)(a), F.S., is required to disclose a criminal record when renewing his or her license, shall disclose the criminal record by completing and filing with the Division of Funeral, Cemetery, and Consumer Services, a Form DFS-N1-2043,…

(1) This rule implements section 497.141(5)(a), F.S., regarding evaluation of whether an applicant for license who has a criminal record has demonstrated that issuance of the license applied for would not create a danger to the public. (2) An applicant for new or renewal license …

The amounts required to be remitted by a preneed licensee to the Preneed Funeral Contract Consumer Protection Trust Fund, pursuant to the provisions of Section 497.456, F.S., shall be determined in accordance with the following criteria: (1) A preneed contract or arrangement shal…

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…

(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 follow…

Rulemaking Authority 20.05(5), 120.53(2)(a), 497.011(1) FS. Law Implemented 497.023(3) FS. History-New 1-27-81, Formerly 3D-30.26, 3D-30.026, Repealed 10-10-12.

(1) This rule relates to courses of study for funeral director or embalmer licensure, under sections 497.368(1)(d), 497.370(2) and 497.373(1)(d)2., F.S., which require approval of the licensing authority. This rule specifies criteria for course approval, and provides procedures f…

(1) This rule implements section 497.372(2), F.S., providing that the board shall adopt by rule criteria for determining whether the required affiliation exists between a funeral director and a funeral establishment, through the funeral director's ownership of, employment by, or …

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. History-New 3-20-91, Formerly 3D-30.111, 3F-11.001, Repealed 1-1-19.

Rulemaking Authority 497.103, 497.152(15)(b), 497.155(2)(d) FS. Law Implemented 497.155 FS. History-New 8-9-94, Amended 10-25-94, 8-4-97, 3-18-01, Formerly 3F-11.002, Repealed 1-1-19.

Rulemaking Authority 497.103, 497.155 FS. Law Implemented 497.155 FS. History-New 1-24-95, Amended 5-19-97, 7-5-01, Formerly 3F-11.003, Repealed 1-1-19.

(1) A cemetery shall require that any person engaged in the retail sale of monuments or monument services who wishes to install, place, set, or inscribe a monument shall provide the cemetery with proof that the person has a valid license with the Department. If a cemetery wishes …

(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 an…

(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 sa…

(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 th…

(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 sh…

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. History-New 5-16…

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 Constructi…

(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…

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 Imp…

(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…

Rulemaking Authority 497.103(1)(m), (5)(a), 497.271(2) FS. Law Implemented 497.271(2)(c) FS. History-New 2-15-10, Repealed 11-13-11.

(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 unani…

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. History-New 10-26-80…

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) Re…

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 attendanc…

(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 Edu…

(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 Fu…

(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 render…

(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) N…

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…

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. Rulem…

(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 Florid…

(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 scor…

(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 attain…

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 pa…

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 accomp…

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 o…

(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 t…

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, 4…

(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 th…

(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…

(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 …

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…

(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 lice…

(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 v…

(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…

(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 ser…

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 …