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Florida Administrative Code (Last Updated: April 18, 2024) |
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69. Department of Financial Services |
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69K. Division of Funeral, Cemetery, and Consumer Services |
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69K-5. Cemetery Regulation And Preneed Sales |
1(21) 3Definitions. As used in this rule, the following definitions apply:
13(14a) 15“Person” includes natural persons, corporations, limited liability companies, trusts, and partnerships.
26(27b) 28“Department” refers to the Florida Department of Financial Services.
37(382) 39A person involved in the sale or transfer of burial rights under Section 52497.281, F.S., 54shall maintain the following records for each sale or transfer of a burial right:
68(69a) 70The name, address, and phone number of the person selling or transferring the burial right.
85(86b) 87The name, address, and phone number of the person acquiring the burial rights.
100(101c) 102The date of the sale or transfer.
109(110d) 111The price paid or to be paid for the sale or transfer of the burial rights.
127(128e) 129The total amount of compensation paid to the burial rights broker for the sale or transfer, with identification of who has paid the burial rights broker; that is, the acquirer, the seller, or other (named) person.
165(166f) 167The name and address of the cemetery where the burial space is located.
180(181g) 182A record identifying the type of burial rights: an in-ground interment space, a mausoleum, a columbarium, an ossuary, or a scattering garden.
204(205h) 206A record providing detailed identification of the specific location in the cemetery of the burial space, using location identification nomenclature in current use by the cemetery where the burial right is located.
2381. 239Regarding in-ground interment spaces, such detailed identification shall include the name of the garden, lot, plot, and space number of the space.
2612. 262Regarding interment spaces in a mausoleum or columbarium, such detailed identification shall include the unique name or number of the mausoleum or columbarium building or structure, and the location of the crypt or niche within that building or structure.
301(302i) 303A list of any merchandise or services that were sold or transferred with the burial rights, if any, 321including identification of any preneed contract that was transferred or sold.
332(333j) 334If the cemetery where the burial space is located requires a burial right transfer form, documentation that such a form has been filed, by whom, and on what date.
363(364k) 365If the cemetery where the burial space is located requires payment of a burial rights transfer fee, documentation that the burial rights transfer fee has been paid, by whom, and on what date.
398(399l) 400A copy of any written or printed agreement or agreements relating to the sale or transfer of the burial right.
420(421m) 422Copies of all correspondence to or from the burial rights broker regarding the sale or transfer of the burial right.
442(443n) 444The complaint log and related records required under Section 453497.151, F.S.
455(4563)457(a) 458The records required to be maintained by this rule shall be maintained at the burial rights broker’s address identified on the most recent licensure application or renewal form under Section 488497.281, F.S. 490The records shall be maintained in written or in electronic form. 501If the records are maintained in electronic form, the burial rights broker shall at all times have available at the same place where the records are 527maintained, all equipment and software needed to allow the immediate viewing of such 540records upon request by the Department’s inspector.
547(b) When a person licensed under the provisions of Chapter 497, F.S., other than Section 562497.281, F.S., 564engages in activity as a burial rights broker under Section 574497.281, F.S., 576such person shall maintain the records required by subsection (2) of this rule, at such person592’593s primary place of business in Florida.
600(6014) 602Records required to be maintained under this rule shall be kept until the later of the following dates:
620(621a) 622Five years after the date a final interment has occurred using the burial rights that were the subject of the sale or transfer;
645(646b) 647Twelve months after the most recent inspection of the records by the Department under this rule.
663(6645) 665The Department of Financial Services shall inspect the records of each burial rights broker at least once every two years.
685Rulemaking Authority 687497.103(5)(b), 688497.281 FS. 690Law Implemented 692497.103(2)(a), 693497.281 FS. 695History–New 6965697-25-09.
