Florida Administrative Code

The Department shall inspect centralized embalming facilities on the basis of the following: (1) There shall be a refrigeration equipment large enough to store all dead human bodies found in the facility at any given time; and (2) A preparation room equipped as follows: (a) An ex…

Centralized embalming facilities shall establish a system of identification of human remains received. This system shall be designed to track the identity of the remains from time of receipt until delivery of the remains to the authorized persons, or until otherwise disposed of i…

(1) The fee for each duplicate license shall be $25. To obtain a duplicate license, a licensee must: (a) File a written statement with the department that the license has been lost, stolen, or destroyed; (b) Pay the duplicate license fee to the department. (2) The renewal penalty…

(1) The Board specifically finds that no presumption shall arise as to equivalence or stringency of requirements or examinations of other states except as provided by this rule, and that a determination of equivalence or stringency shall be determined in the manner set forth here…

(1) The Board specifically finds that no presumption shall arise to equivalence or stringency of requirements or examinations of other states except as provided by this rule, and that a determination of equivalence or stringency shall be determined in the manner set forth herein.…

(1) A member of the United States Armed Forces and a veteran of the United States Armed Forces whose appointed duties in the military is/was to act as a mortician or mortuary specialist, is eligible for licensure as a funeral director if the following are submitted: (a) Proof of …

(1) An applicant for licensure by endorsement as an embalmer or as a funeral director may, at the time of application, request to be registered to practice as a temporary embalmer or a temporary funeral director while awaiting to take the licensure examination required in Section…

(1) A limited licensee shall only provide services during times of critical need within the State and shall work for an entity licensed under Chapter 497, F.S. A limited license shall be effective for so long as the executive order from the Governor or federal order declaring a s…

(1) Persons desiring to become an embalmer apprentice shall submit to the Division of Funeral, Cemetery, and Consumer Services, an Application For Embalmer Apprentice License, (Rev. 1/2017), Form DFS-N1-1755, incorporated herein by reference, and may be obtained from http://www.f…

Rulemaking Authority 497.103 FS. Law Implemented 497.166 FS. History-New 10-13-82, Formerly 21J-28.01, 21J-28.001, Amended 11-23-00, 11-26-02, Formerly 61G8-28.001, Repealed 10-11-15.

(1) It is the policy of the Board of Funeral, Cemetery, and Consumer Services that advertising by persons and entities licensed or registered pursuant to chapter 497, F.S., in this state shall be regulated to protect the health, safety and welfare of the public, while not abridgi…

(1) THE PURPOSE OF THE DISCIPLINARY GUIDELINES IS TO GIVE NOTICE THE LICENSEES AND OTHERS OF THE RANGE OF PENALTIES WHICH MAY BE IMPOSED FOR VIOLATIONS OF PARTICULAR PROVISIONS OF CHAPTER 497, F.S., AND RULES PROMULGATED THERETO. The disciplinary guidelines are based upon a singl…

Rulemaking Authority 497.103, 497.155 FS. Law Implemented 497.155 FS. History-New 1-8-95, Amended 9-10-96, 10-13-97, 5-26-04, Formerly 61G8-30.0021, Repealed 1-1-19.

Rulemaking Authority 497.103, 497.155 FS. Law Implemented 497.155 FS. History-New 12-29-91, Amended 11-2-92, Formerly 21J-30.003, Amended 1-8-95, 9-10-96, Formerly 61G8-30.003, Repealed 1-1-19.

(1) Cremated remains not claimed after 120 days from the date of cremation may be disposed of in any of the following manners: (a) Scattering at sea; (b) Placement in a licensed cemetery scatter garden or pond; (c) Placement in a cemetery lot, columbarium niche or mausoleum; (d) …

The following courses are approved by the Board as meeting the requirements of Sections 497.367 and 497.378, F.S.: (1) An approved communicable diseases course must consist of a minimum 1-hour presentation for renewal and a minimum 2-hour presentation for initial licensure. (2) C…

Rulemaking Authority 497.103, 497.367, 397.368, 497.369, 497.370, 497.373, 497.374, 497.378, 497.379, 497.602, 497.603 FS. Law Implemented 497.367, 397.368, 497.369, 497.370, 497.373, 497.374, 497.378, 497.379, 497.602, 497.603 FS. History-New 5-24-89, Amended 2-14-90, Formerly 2…

Rulemaking Authority 497.103, 497.367 FS. Law Implemented 497.367 FS. History-New 5-24-89, Amended 2-14-90, Formerly 21J-32.004, 61G8-32.004, Repealed 10-10-12.

Rulemaking Authority 497.103, 497.367 FS. Law Implemented 497.367 FS. History-New 5-24-89, Amended 2-14-90, Formerly 21J-32.006, 61G8-32.006, Repealed 10-10-12.

Rulemaking Authority 497.103, 497.367, 397.368, 497.369, 497.370, 497.373, 497.374, 497.378, 497.379, 497.602, 497.603 FS. Law Implemented 497.367, 397.368, 497.369, 497.370, 497.373, 497.374, 497.378, 497.379, 497.602, 497.603 FS. History-New 3-19-92, Amended 6-17-92, Formerly 2…

(1) Funeral establishments shall establish a system of identification of human remains received. This system shall be designed to track the identity of the remains from the time of receipt until delivery of the remains to the authorized persons. This is in addition to the require…

Rulemaking Authority 497.103, 497.386 FS. Law Implemented 497.386 FS. History-New 2-28-02, Formerly 61G8-33.002, Repealed 8-19-15.

Rulemaking Authority 497.103, 497.385, 497.386 FS. Law Implemented 497.385, 497.386 FS. History-New 6-17-02, Formerly 61G8-33.003, Repealed 8-19-15.

Rulemaking Authority 497.103, 497.606, 497.607 FS. Law Implemented 497.606, 497.607 FS. History-New 6-17-02, Formerly 61G8-33.004, Repealed 8-19-15.

Rulemaking Authority 497.103, 497.384, 497.386 FS. Law Implemented 497.386 FS. History-New 6-17-02, Formerly 61G8-33.005, Repealed 8-19-15.

Rulemaking Authority 497.103, 497.386 FS. Law Implemented 497.386 FS. History-New 6-17-02, Formerly 61G8-33.006, Repealed 8-19-15.

(1) For purposes of a corporation qualifying for a preneed licensee pursuant to Section 497.452(3), F.S., by use of a corporate agent, such corporate agent must have common ownership in excess of 50% of the voting stock with the preneed licensee or applicant. If the applicant or …

(1) For the purposes of this section, "Total preneed contracts" is defined as the total retail value of all outstanding preneed contracts. (2) A Preneed Licensee or applicant must meet and maintain the following requirements on an annual basis, demonstrating its ability to discha…

(1) Each entity desiring to obtain a preneed license shall apply to the Board by submitting the following: (a) A completed Application for Preneed License, Form DFS-PNL-1, and a Historical Sketch, Form DFS-HistS, which are incorporated by reference in Rule 69K-1.001, F.A.C., and …

(1) Every Preneed Licensee that is part of a common business enterprise and elects to operate under a different name shall apply to the Board for a license to operate a branch office by submitting the following: (a) A completed Application for Preneed Branch Office License, Form …

(1) When an entity which holds a preneed license changes ownership it shall cease operating under the preneed license. The successor owner may apply to transfer the preneed license and obtain a temporary preneed license to continue to operate. To be eligible to transfer a preneed…

(1) Upon receipt of a completed application for Transfer of a Preneed License including the required documentation of eligibility for a temporary certificate, the Executive Director of the Board of Funeral, Cemetery, and Consumer Services, may grant a temporary preneed license up…

The amounts required to be remitted by a preneed licensee to the Regulatory Trust Fund, pursuant to the provisions of Section 497.453(9), F.S., shall be determined in accordance with the following criteria: (1) A preneed contract or arrangement shall be deemed to be written withi…

(1) A preneed licensee shall be considered inactive upon acceptance by the Board of the surrender of the preneed license, if the preneed licensee fails to submit a renewal application and fees or upon the final expiration of the preneed license after denial of renewal by the Boar…

(1)(a) Each active preneed license shall be renewed for the annual period beginning July 1st of each year upon approval by the Board of Funeral, Cemetery, and Consumer Services. The Department will provide a renewal reminder either by mail or electronic notice to each licensee at…

(1) Each person desiring to obtain a preneed sales agent license shall apply to the Department by submitting the following by certified mail or online: (a) A completed Application of a Preneed Sales Agent, Form DFS-PNS-1, adopted in Rule 69K-1.001, F.A.C. The application must be …

Rulemaking Authority 497.103 FS. Law Implemented 497.466(2) FS. History-New 4-23-95, Formerly 3F-5.0031, Repealed 3-1-16.

Within thirty (30) days of any termination of any registered preneed sales agent, the preneed licensee shall give written notice to the Department. The notice may be submitted in writing, electronically, or via facimile, and shall contain: (1) The effective date of termination, t…

(1) Any corporation, partnership or limited liability company wishing to establish a cemetery should review the requirements of the Florida Funeral, Cemetery, and Consumer Services Act (Chapter 497, F.S.) and applicable rules and regulations before filing a formal application for…

(1) Application. A person, a group of persons or a corporation proposing to purchase or acquire control of an existing cemetery company either by purchasing the outstanding capital stock of any cemetery company, or the interest of the owner or owners, and thereby to change the co…

When a municipal, church owned, fraternal or community and non-profit association cemetery converts to a cemetery company as defined in Section 497.005, F.S., then said cemetery shall file the following with the Department: (1) An Application To Organize A New Cemetery Company, F…

Rules 69K-5.004, 69K-5.006, 69K-5.007 and 69K-5.009, F.A.C., provide methods, procedures and supporting documentation for the licensing of new cemeteries, transferred cemeteries and for conversion procedures. All information the applicant wants to present in order to support the …

When an application for authority to organize and operate a new cemetery company is filed, it is the applicant's responsibility to meet the statutory criteria warranting the grant of authority. If, in the opinion of the Board, any one of the criteria as set forth in Section 497.2…

Rulemaking Authority 497.103, 497.260, 497.263, 497.266, 497.272, 497.276, 497.281, 497.283, 497.287, 497.453, 497.456, 497.458, 497.459, 497.460, 497.462, 497.463, 497.464, 497.466 FS. Law Implemented 497.103, 497.263, 497.265, 497.266, 497.268, 497.283, 497.452, 497.453, 497.46…

Rulemaking Authority 497.103 FS. Law Implemented 497.103(2)(c), 497.368, 497.369, 497.370, 497.373, 497.374, 497.375, 497.376, 497.377, 497.378, 497.379, 497.380, 497.382, 497.385, 497.602, 497.603, 497.604, 497.605 FS. History-New 11-11-79, Amended 11-9-82, Formerly 21J-14.07, 2…

(1) Each active preneed sales agent (PSA) license shall be renewed for a biennial period beginning two (2) years after their initial date of appointment. Prior to the end of the biennial period, the Department will mail or email a renewal notice to the appointing entity for each …

(1) Each person desiring to obtain licensure as a broker of burial rights shall apply to the Department by submitting the following: (a) A completed Broker of Burial Rights License Application, Form DFS-C-BBRI, which is incorporated by reference in Rule 69K-1.001, F.A.C., and ava…

( Definitions. As used in this rule, the following definitions apply: ( "Person" includes natural persons, corporations, limited liability companies, trusts, and partnerships. ( "Department" refers to the Florida Department of Financial Services. ( A person involved in the sale o…

(1) Each cemetery required to register as an exempt cemetery pursuant to Sections 497.260 and 497.287, F.S., shall submit to the Department: (a) A completed Report of Identification for an Exempt Cemetery, Form DFS-EC-1, which is incorporated by reference in Rule 69K-1.001, F.A.C…

"Grave space," according to the definition in Section 497.005(37), F.S., means a space of ground in a cemetery intended to be used for the interment in the ground of the remains of a deceased person. Said definition is not altered or modified because of the dimensions of the spac…