Notice of Proposed Rule

DEPARTMENT OF FINANCIAL SERVICES
Division of Funeral, Cemetery, and Consumer Services
RULE NO: RULE TITLE
69K-6.0015: Definition of Established Adult Grave Space
69K-6.0016: Definition of Developed Area
PURPOSE AND EFFECT: Section 497.274, F.S., requires that a standard adult grave space be 42 inches in width and 96 inches in length. However, adult grave spaces established prior to October 1, 2005 are not required to meet this standard. Section 497.274, F.S., also requires cemetery companies to prepare maps and establish internal survey reference markers in areas planned for development. The proposed rules define the terms established adult grave space and developed area to provide clarification.
SUMMARY: Defining the terms established adult grave spaces and developed areas as used in Section 497.274, F.S.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 497.103(5)(a), 497.161(1)(a) FS.
LAW IMPLEMENTED: 497.161(1)(a), 497.274 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
TIME AND DATE: November 14, 2006, 2:00 p.m.
PLACE: Alexander Building, 2020 S.E. Capital Circle, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Diana Evans, (850)413-3039. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Diana Evans, Executive Director, Board of Funeral, Cemetery, and Consumer Services, Alexander Building, 2020 S.E. Capital Circle, Tallahassee, Florida 32399-0361, (850)413-3039

THE FULL TEXT OF THE PROPOSED RULE IS:

69K-6.0015 Definition of Established Adult Grave Space.

An established adult grave space is one that was established in a garden designated for ground burials clearly shown in a Plan of Development provided to the Department prior to October 1, 2005 and which was surveyed and pinned with appropriate markers placed prior to October 1, 2005. If no Plan of Development was provided to the Department prior to October 1, 2005, than an established adult grave space is one that is in a section or garden in which a sale or sales were made and specific grave spaces were assigned and shown on a map prior to October 1, 2005.

Specific Authority 497.103(5)(a), 497.161(1)(a) FS. Law Implemented 497.161(1)(a), 497.274 FS. History – New _____________.

 

69K-6.0016 Definition of Developed Area.

(1) A developed area in a cemetery is a garden or other specifically defined area in which there is an established adult grave space as defined in Rule 69K-6.0015, F.A.C., or established after October 1, 2005.

(2) For the purposes of this rule, the following will not be considered an “undeveloped area”:

(a) The addition of an area consisting of not more than 10 adult grave spaces that are created within 50 feet of an adjacent section or garden that contains grave spaces developed prior to or after October 1, 2005 and which is mapped and has internal reference markers.

(b) The addition of 4 or less spaces at any one time within or contiguous to a section or garden which is mapped and which has internal reference markers.

(3) Grave spaces developed pursuant to this rule must meet all the requirements of Section 497.274, F.S., with the exception of having a licensed survey of the area.

Specific Authority 497.103(5)(a), 497.161(1)(a) FS. Law Implemented 497.161(1)(a), 497.274 FS. History – New _______________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Funeral, Cemetery, and Consumer Services
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Funeral, Cemetery, and Consumer Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 29, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 25, 2006