Disciplinary Guidelines and Penalties for Funeral Directors and Establishments, Embalmers, Removal Services, Refrigeration Services, Direct Disposers and Establishments, and Cinerator Facilities.
DEPARTMENT OF FINANCIAL SERVICES
Division of Funeral, Cemetery, and Consumer Services
RULE NO.:RULE TITLE:
69K-30.001Disciplinary Guidelines and Penalties for Funeral Directors and Establishments, Embalmers, Removal Services, Refrigeration Services, Direct Disposers and Establishments, and Cinerator Facilities.
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 44 No. 74, April 16, 2018 issue of the Florida Administrative Register.
(Substantial rewording of Rule 69K-30.001 in proposed rule. See Florida Administrative Code for present text.)
The changes are in response to written comments submitted by the staff of the Joint Administrative Procedures Committee in a letter dated May 2, 2018, and a meeting of the Board on June 7, 2018. The changes are as follows:
69K-30.001 Disciplinary Guidelines and Penalties
(1) through (3) No change.
(4) Definitions. As used in this rule:
(a) and (b) No change.
(c) "Costs" includes costs of investigation and prosecution as set forth in 497.153(5)(b), F.S.
(d) No change.
(5) No change.
(6) Based upon consideration of the following aggravating and mitigating factors, the board may impose disciplinary action other than the penalties recommended herein:
(a) through (m) No change.
(7) The board may also impose one or more of the following conditions in a disciplinary Order:
(a) and (b) No change.
(c) Licensee may be required to take and pass the Florida Laws and Rules Examination at his/her own expense, prior to the lifting of probation or suspension; and/or
(d) No change.
(8) through (10) No change.
(11) Violations and penalties are listed below. Descriptions of the violations are general in nature and may not identically match the language provided in statute.
Violation #
Statute/Rule
Violated
Nature of Violation
PROPOSED PENALTIES FOR EACH VIOLATION
Proposed Penalty based upon Rule Committee Meetings
Penalty Range 1st Offense
Penalty Range Subsequent Offenses
DISCIPLINE UNDER SECTIONS 497.152(1)(A) AND (B), F.S., SHALL BE LIMITED TO VIOLATIONS NOT OTHERWISE ADDRESSED BY THESE GUIDELINES.
GENERAL PROVISIONS
1 through 49 no change.
50
497.152(12)(b)
No change
No change.
No change
51 through 63 no change.
64
Remitting less than 90% of the amounts required to be deposited to a trust fund or remittance deficiencies not corrected within 30 days as required under section 497.152(15)(ab) shall be considered a NON-MINOR violation of this section
No change
No change
65 through 67 no change.
68
497.171
69K-6.009
Failing to properly affix an identification tag to a casket or other container in the manner required by this statute or rule
No change
No change
69 through 74 no change.
75
69K-17.0041
No change
Suspension of approval for not less than 1 month nor more than 24 months
No change
76
69K-17.0043
No change
Suspension of approval for not less than 1 month nor more than 24 months
No change
77
69K-17.0044
No change
Suspension of approval for not less than 1 month nor more than 24 months
No change
CEMETERY REGULATION
78 through 102 no change.
103
497.280(2)(b)
Requiring the payment of a setting or service charge from third party installers for placing a monument
Reprimand, fine of $500-$1000 plus costs. In addition, probation for 6 months to 1 year with conditions and/or discipline as contemplated in sections 497.153(5)(a)4 and 497.153(5)(a)5 may be imposed.
Reprimand, fine of $1000-$3500 plus costs. In addition, probation for up to 2 years with conditions and/or discipline as contemplated in sections 497.153(5)(a)4 and 497.153(5)(a)5 may be imposed.
104 through 117 renumbered 103 through 116 no change
117118
497.282(9)
69K-9.004
Failure to display the cemetery and preneed brochure required by this statute or rule
No change
No change
119 through 124 renumbered 118 through 123 no change.
FUNERAL DIRECTING, EMBALMING AND RELATED SERVICES
125 through 134 renumbered 124 through 133 no chang.
134135
497.380(15)(a)- (b)
No change
No change
No change
135136
497.380(15)(a)- (b)
497.604(10)
69K-21.005
No change
No change
No change
137 through 140 renumbered 136 through 139 no change.
140141
497.385(1)(g)1.-2.
Failure of a removal service, or refrigeration facility to notify the Division of a change of ownership or of location
No change
No change
142 through 159 renumbered 141 through 158 no change.
159160
69K-21.003(3)(a)-(g)(1)
No change
No change
No change
160161
69K-21.003(7)(5)
No change
No change
No change
161162
69K-21.003(9)(7)
No change
No change
No change
163 through 167 renumbered 162 through 166 no change
PRENEED SALES
168 renumbered 167 no change
170 renumbered 168 no change.
169171
497.452(2)(a)
No change
No change
No change
170172
497.453(6)
Failing to comply with the filing and remittance requirements - Remittance of less than 100% and more than 90% of the amounts required to be deposited to a trust fund shall be considered a MINOR violation of this section or rule
No change
No change
171173
Failing to comply with the filing and remittance requirements - Remitting less than 90% of the amounts required to be deposited to a trust fund or remittance deficiencies not corrected within 30 days as required under section 497.152(15)(a) shall be considered a NON-MINOR violation of this section or rule
No change
No change
172174
497.453(7)(a)
No change
No change
No change
175 through 190 renumbered 173 through 188 no change.
189191
497.466(7)(g)1.-6.
No change
No change
No change
192 through 198 renumbered 190 through 196 no change
197199
497.468(7)(a)-(f).
No change
No change
No change
200 through 205 renumbered 198 through 203 no change.
206
69K-10.003
Failure to timely deposit the required amounts to the Preneed Funeral Contract Consumer Protection Trust Fund
Notice of non-compliance
Citation of $500
MONUMENT ESTABLISHMENT
207 through 213 renumbered 204 through 210 no change.
CREMATION, CREMATORIES, AND DIRECT DISPOSITION
211214
497.601(1)(2)
No change
No change
No change
215 through 225 renumbered 212 through 222 no change.
223226
497.604(10)(a)-(b)
No change
No change
No change
227 through 231 renumbered 224 through 228 no change.
229232
497.606(9)(e)
No change
No change
No change
230233
497.606(9)(e)
No change
No change
No change
234 through 235 renumbered 231 through 232 no change.
233236
497.606(9)(h)
Using alternative containers, cremation containers or caskets for cremation that do not comply with all requirements of this paragraphsubsection
No change
No change
237 through 248 renumbered 234 through 245.
THIS RULE SHALL TAKE EFFECT JANUARY 1, 2019.
RulemakingSpecific Authority 497.103, 497.154 FS. Law Implemented 497.152, 497.153, 497.154, 497.155 FS. History–New 12-15-86, Amended 9-27-88, Formerly 21J-30.001, Amended 7-9-95, 2-11-96, 5-1-96, 8-7-03, 6-29-05, Formerly 61G8-30.001,_______.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ellen Simon, Assistant Director, Division of Funeral, Cemetery, and Consumer Services, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0361, (850)413-4985, Ellen Simon@MyfloridaCFO.com.
