BUREAU OF FUNERAL AND CEMETERY SERVICES
CHAPTER 69K - PART II

69K-100.025 Defaults on Sold or Discounted Installment Sales Contracts or Promissory Notes.
69K-100.026 Charge for Installation and Maintenance of Marker or Monument.
69K-100.041 Certificate of Authority Renewal.
69K-100.050 Procedure for Registration of a Monument Establishment.
69K-100.060 Preneed Sales Agent Renewal.
69K-100.105 Procedure for Registration of Broker of Burial Rights.
69K-100.110 Procedure for Report of Identification for an Exempt Cemetery.

69K-100.025 Defaults on Sold or Discounted Installment Sales Contracts or Promissory Notes.
(1) Default by the purchaser on installment sales contracts or promissory notes shall not entitle the Cemetery Company to take credit for the amount deposited to the Care and Maintenance Trust Fund, unless the amount deposited has been returned to the purchaser.
(2) Installment sales contracts or promissory notes that include pre-need burial merchandise defaulted by the purchaser shall entitle the cemetery company to withdraw the amount deposited in the Merchandise Trust Fund.
Specific Authority 497.103(1), 497.105(5) FS. Law Implemented 497.417, 497.419, 497.237, 497.241, 497.337 FS. History–New 1-27-81, Formerly 3D-30.25, 3D-30.025.

69K-100.026 Charge for Installation and Maintenance of Marker or Monument.
Each cemetery company shall establish a fee for the installation and maintenance of a marker or monument. Said fee shall be the actual cost to the cemetery company to install and maintain markers or monuments but shall not exceed $.35 per square inch. Each cemetery shall be prepared to justify to the department that the fee charged does not exceed the actual cost to the cemetery including the actual labor costs, the overhead charges, any location and lay out costs, any material costs, any equipment depreciation on equipment used either in installation or maintenance, employee benefit costs, etc.
Specific 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.

69K-100.041 Certificate of Authority Renewal.
(1) Each active certificate of authority shall be renewed for the annual period beginning July 1 of each year upon approval by the Board of Funeral and Cemetery Services. The application for renewal will be presented to the Board upon receipt and review by the Department of a non-refundable renewal fee as established by Section 497.407(4), F.S., a financial statement as of the entity's most recent fiscal year end, and a completed Annual COA Renewal Statement. Certificate of Authority Renewal, Form DFS-COA-R1, effective 1-18-96, Annual COA Financial Statement, Form DFS-COA-R2, effective 1-18-96, and Annual COA Renewal Statement, Form DFS-COA-R3, revised 12-6-01, are hereby incorporated by reference and available by mail or electronically from the Department of Financial Services, Bureau of Funeral and Cemetery Services, 200 East Gaines Street, Tallahassee, Florida 32399-0361.
(2) Failure to submit the statements as required in subsection (1) may result in the levy of a fine by the Board of Funeral and Cemetery Services in the amount of $50 per day for each day the financial and renewal statements are not submitted as follows:
(a) Annual COA Financial Statement must be submitted to and received by the Department of Financial Services, Bureau of Funeral and Cemetery Services, 200 East Gaines Street, Tallahassee, Florida 32399-0361, within 3 months of the end of the certificateholder's fiscal year.
(b) Annual COA Renewal Statement and the required renewal fee must be submitted to and received by the Department of Financial Services, Bureau of Funeral and Cemetery Services, 200 East Gaines Street, Tallahassee, Florida 32399-0361, on or before April 1 of each year.
(3) Financial statements may be prepared either on the form promulgated by this rule or by an independent certified public accountant on the accrual or income tax basis of accounting in conformity with Rule 69K-5.0016, F.A.C. Audited statements are acceptable. The financial statements must document compliance with the minimum financial responsibility requirements of Rule 69K-5.0016, F.A.C. Failure to comply with said rule shall result in denial of the renewal application.
(4) In the event the renewal application is denied by the Board, the renewal fee paid is not refundable. If a hearing is requested on the denial, the certificate shall remain in active status during the pendency of the hearing.
(5) Any Certificate of Authority not approved or denied by the Board prior to July 1 of each year shall automatically expire on July 1 and the entity shall be required to cease and desist from all selling of preneed funeral and cemetery goods and services. All preneed sales agent registrations associated with the certificate of authority will be terminated. New applications for certification/registration must be submitted to and approved by the Board in order to return the certificate and agent registrations to active status. The applicants shall be subject to all requirements of initial application.
Specific Authority 497.103(1), 497.105(1), (5), 497.407 FS. Law Implemented 497.105(1), 497.407 FS. History–New 6-24-96, Amended 7-10-02, Formerly 3D-30.041.

69K-100.050 Procedure for Registration of a Monument Establishment.
(1) Each person desiring to obtain registration as a monument establishment shall apply to the Department by submitting the following:
(a) A completed application for Registration of a Monument Establishment, Form DFS-C-MON1, effective 3-3-97, which is hereby incorporated by reference and available by mail from the Department of Financial Services, Bureau of Funeral and Cemetery Services, 200 East Gaines Street, Tallahassee, Florida 32399-0361. The application for registration must be completed and signed within thirty (30) days prior to receipt by the Department; and
(b) A non-refundable initial registration fee of $200 which shall be the fee for the biennial registration period beginning October 1 of each odd numbered year or any part thereof.
(2) Request for Additional Information. Any request for additional information will be made by the Department within thirty (30) days after receipt of the application by the Department. The additional information must be received by the Department within forty-five (45) days from the date of request. Failure to respond to the request within forty-five (45) days from the date of request shall be construed by the Department as grounds for denial for failure to complete the application, and the application shall be
denied pursuant to Section 120.60(2), F.S.
(3) Amendment of Registration. An applicant may amend the application for registration as to those factors generally within the control or selection of the applicant once, as a matter of course, at any time within thirty (30) days from its receipt for filing. Otherwise, the application may be amended only with prior permission from the Department. Requests to make changes which are material to the application or to the Department's evaluation of the registration filed at any time after the application has been received shall be deemed by the Department to be grounds for denial, and a new application for registration, accompanied by the appropriate filing fee, shall be required.
(4) Withdrawal of Registration. An applicant may request withdrawal of a registration prior to a determination of the registration being made by the Department by submitting a written request that the registration be withdrawn.
(5) Refunds. If the registration is withdrawn or denied, the registration fee is non-refundable.
(6) Upon approval of the registration, a license will be issued for the remainder of the biennial registration period.
Specific Authority 497.103(1), 497.105(5) FS. Law Implemented 120.60(2), 497.361 FS. History–New 3-3-97, Formerly 3D-30.050.

69K-100.060 Preneed Sales Agent Renewal.
(1) Each active preneed sales agent registration shall be renewed for the biennial period beginning March 1 of each even-numbered year upon receipt of the statutory nonrefundable renewal fee required by Section 497.439(10), F.S., and a completed renewal application. Form DFS-PNSR-1 Preneed Sales Agent Renewal Application, revised 09/00, is hereby incorporated by reference and available by mail from the Department of Financial Services, Bureau of Funeral and Cemetery Services, 200 East Gaines Street, Tallahassee, Florida 32399-0361.
(2) The received date shall be the date stamped on the application when received by the Department's cashier office in Tallahassee, Florida.
(3) Renewal filings must be received by the Department on or before the last day of February of each even-numbered year. If the last day of February of the renewal year is on a Saturday, Sunday, or legal holiday pursuant to Section 110.117, F.S., renewal applications received on the next business day will be considered timely received.
(4) A preneed sales agent registration that is not renewed as required in subsection (1) prior to March 1 of the renewal year shall automatically expire on the last day of February of the renewal year.
Specific Authority 497.103, 497.105 FS. Law Implemented 497.439 FS. History–New 3-12-02, Formerly 3D-30.060.

69K-100.105 Procedure for Registration of Broker of Burial Rights.
(1) Each person desiring to obtain registration as a broker of burial rights shall apply to the Department by submitting the following:
(a) A completed application for Registration of Brokers of Burial Rights, Form DFS-C-BBRI, effective 3-3-97, which is hereby incorporated by reference and available by mail from the Department of Financial Services, Bureau of Funeral and Cemetery Services, 200 East Gaines Street, Tallahassee, Florida 32399-0361. The application for registration must be completed and signed within thirty (30) days prior to receipt by the Department; and
(b) A non-refundable initial registration fee of $150 which shall be the fee for the biennial registration period beginning October 1 of each odd numbered year or any part thereof.
(2) Request for Additional Information. Any request for additional information will be made by the Department within thirty (30) days after receipt of the application by the Department. The additional information must be received by the Department within forty-five (45) days from the date of request. Failure to respond to the request within forty-five (45) days from the date of request shall be construed by the Department as grounds for denial for failure to complete the application, and the application shall be
denied pursuant to Section 120.60(2), F.S.
(3) Amendment of Registration. An applicant may amend the application for registration as to those factors generally within the control or selection of the applicant once, as a matter of course, at any time within thirty (30) days from its receipt for filing. Otherwise, the application may be amended only with prior permission from the Department. Requests to make changes which are material to the application or to the Department's evaluation of the registration filed at any time after the application has been received shall be deemed by the Department to be grounds for denial, and a new application for registration, accompanied by the appropriate filing fee, shall be required.
(4) Withdrawal of Registration. An applicant may request withdrawal of a registration prior to a determination of the registration being made by the Department by submitting a written request that the registration be withdrawn.
(5) Refunds. If the registration is withdrawn or denied, the registration fee is non-refundable.
(6) Upon approval of the registration, a license will be issued for the remainder of the biennial registration period.
Specific Authority 497.103(1), 497.105(5) FS. Law Implemented 120.60(2), 497.329 FS. History–New 3-3-97, Formerly 3D-30.105.

69K-100.110 Procedure for Report of Identification for an Exempt Cemetery.
(1) Each cemetery required to register as an exempt cemetery pursuant to Sections 497.003 and 497.357, F.S., shall submit to the Department:
(a) A completed Report of Identification for an Exempt Cemetery, DFS-EC-1, effective 3-3-97, which is incorporated herein by reference and available by mail from the Department of Financial Services, Bureau of Funeral and Cemetery Services, 200 East Gaines Street, Tallahassee, Florida 32399-0361. The report must be completed, signed and verified within thirty (30) days prior to receipt by the Department; and
(b) A non-refundable registration fee of $25.00 which shall be the fee for the quinquennial period beginning October 1, 1993, or any part thereof.
(2) Request for Additional Information. The Department shall review the report to determine that it is complete. If any required information has been omitted, the Department shall notify the exempt cemetery of the omission within thirty (30) days after receipt of the report and shall allow the exempt cemetery forty-five (45) days from the date of the request to respond.
(3) Amendment of Registration. When the information provided to the Department in the Report of Identification form changes, the cemetery shall notify the Department of the change, in writing, within thirty (30) days.
(4) The Board through the Department may institute proceedings for injunctive relief to enforce the requirements of this rule or Section 497.357, F.S. Grounds for such injunctive relief include a reasonable belief that the applicant fails to qualify for the exemption.
Specific Authority 497.103(1), 497.105(5) FS. Law Implemented 497.003, 497.127, 497.357 FS. History–New 3-3-97, Formerly 3D-30.110.