Notice of Proposed Rule

DEPARTMENT OF FINANCIAL SERVICES
Division of Funeral, Cemetery, and Consumer Services
RULE NO: RULE TITLE
69K-12.001: Installation of Monuments
PURPOSE AND EFFECT: To add language which requires cemeteries to provide access to monument builders during normal business hours; to not unreasonably restrict monument builders; to change the requirements for notifying the monument establishment that the application is noncompliant; to change the notice requirement for improperly installed monuments from 3 to 5 days; and to require monument builders to pay for damages to cemeteries.
SUMMARY: The proposed amendments will provide additional guidelines for monument establishments and cemeteries regarding installation of monuments by licensed monument establishments.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Board determined the proposed rule amendments will likely impose transactional costs to small businesses, or individuals. However, the transactional costs cannot be specified because the costs will vary from cemetery to cemetery. Some cemeteries will have simple access requirements, which others may require advance filing of written application by the monument establishment for each memorial. Cemeteries may have costs associated with the need to revise by laws. There are approximately 101 licensed Monument Establishments, and approximately 157 licensed cemeteries in the state of Florida.
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 FS.
LAW IMPLEMENTED: 497.267, 497.273, 497.278, 497.558 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Douglas Shropshire, Executive Director, Board of Funeral, Cemetery, and Consumer Services, 200 East Gaines Street, Tallahassee, Florida 32399-0361

THE FULL TEXT OF THE PROPOSED RULE IS:

69K-12.001 Installation of Monuments.

(1) A cemetery shall require that any person engaged in the retail sale of monuments or monument services to consumers who wishes to install, place, or set, or inscribe a monument shall provide the cemetery with proof that the person has a valid license registration with the Department. If a cemetery wishes to require proof that a monument dealer or builder has obtained all necessary local or occupational licenses, then the cemetery shall require the monument dealer to make such an affirmative representation in the application contract between the cemetery and the monument dealer or builder.

(2) Pursuant to subsection 497.273(3), F.S., a cemetery may adopt bylaws setting forth minimum standards for monuments installed in the cemetery which can include the style and size of a monument or its foundation, the content and material of which the monument and/or foundation is to be constructed, the locations or gardens in which different monuments may be installed, the manner of installation of either a flat or upright monument, the specific location on the grave for the installation of either flat or upright monuments, the requirements for the removal and replacement of monuments in the path that any installation equipment must take to install a specific monument, and the clean-up necessary after installation. In all cases, the cemetery must comply with its own minimum standards. Nothing in this rule shall be construed to allow a cemetery to have exclusive rights to monument construction or installation within the cemetery or any part of the cemetery, except for inscriptions in community mausoleums.

(3) Pursuant to subsection 497.273(3) and Section 497.555, F.S., all cemeteries shall permit during normal business hours to licensed monument establishments to install, inscribe or repair a monument, marker or private mausolem. Cemeteries may adopt bylaws to establish minimum standards for access. These minimum standards shall not unreasonably restrict access to the cemetery grounds, the method of transporting burial merchandise to the burial space, or increase the cost to the owner of interment or burial rights. In all cases, monument establishments and cemeteries shall comply with these minimum standards.

(4)(3) As the cemetery is the only entity holding the records of the ownership of the burial (interment) rights it may require that a person prior to delivering a monument for installation in the cemetery shall submit an application to the cemetery showing the foundation, design, style, size and material of the monument to be installed purchased. If required by the cemetery, tThe application shall include be accompanied by a scaled sketch of the proposed monument showing the with the proposed lettering, showing the family name, the location of the first names of the deceased and/or others, dates and any other items planned to be a part of the monument. If the application does not meet the minimum standards for burial merchandise and installation thereof, it so requires the cemetery shall contact the monument establishment within five (5) working days with a written notice of non-compliance must either approve or disapprove the application, in writing, and provide notice to such person, postmarked within 5 working days of the date that the completed application was received by the cemetery. If the cemetery it does not do so, the application will be deemed to be approved. The cemetery shall require the written approval of the owner(s) of the burial (interment) rights and legally authorized person or next of kin which shall may be on the application form submitted by the monument establishment installer prior to scheduling installation.

(5)(4) The cemetery is the scheduling agent for all activities conducted within the cemetery. The scheduling of burials takes priority over all other activities. The cemetery shall schedule the installation of a monument within two (2) working days of the date requested by the installing person provided all the proper authorizations and other requirements have been delivered to and approved by the cemetery. The time of installation must be set so that the installation and the clean up can be accomplished prior to the normal closing time of the cemetery. The foregoing shall be subject to change by the cemetery in the event it received notification of a death of an owner of burial rights located in such a location that the installation of the monument would interfere with the burial.

(6)(5) In the event a burial is taking place and in the determination of the cemetery the installation of a monument will be considered an interference with the burial, the installing persons shall be required by the cemetery to withdraw until the funeral being conducted has concluded and those in attendance have left the cemetery at which time the installation of the monument may be continued.

(7)(6) Prior to the initiation of the monument installation the cemetery shall mark the place on the grave where the monument is to be installed by placing a flag, or other marker, thereon. Nothing in this rule is intended to imply or require that a cemetery shall have to lay out or engineer a grave site for the installation of a monument. If the cemetery is requested by the monument installer to engineer the grave site, the fee for such service shall be disclosed on the cemetery’s price list.

(8)(7) After installation, the cemetery shall inspect the installation. If the installation is improper and not in compliance with the cemetery’s minimum standards operating procedures, the installing person shall be notified in writing postmarked within five (5) three (3) working days after installation of the manner in which the installation is not in compliance and the installing person shall have 15 days from the date of notification, in which to make the correction. In the event that the correction is not made within the said 15 days, the cemetery has the right to correct the installation and charge the installing person a reasonable charge for making the correction. A monument establishment shall be responsible for the reasonable cost of repairs needed to repair damages to property in the cemetery caused by the monument establishment’s operations in the cemetery.

(9)(8) The cemetery shall not be liable for improper installation of monuments not installed by the cemetery.

(10)(9) Nothing in this rule shall be construed as requiring a cemetery to replace stolen monuments or portions thereof, or to replace or repair monuments that are damaged due to vandalism or other causes beyond the cemetery’s control.

(11)(10) A cemetery shall not require any person or firm that installs, places, or sets a monument to obtain any form of insurance, bond, or surety or make any form of pledge, deposit, or monetary guarantee as a condition for entry on or access to cemetery property.

(12)(11) In the event that the cemetery has approved a monument sketch or made written representations to the monument establishment which is not according to the records of the cemetery, the cemetery shall be solely responsible to correct or replace the monument.

Rulemaking Specific Authority 497.103 FS. Law Implemented 497.267, 497.273(3), 497.278, 497.550, 497.555, 497.558 FS. History–New 1-24-95, Formerly 3F-12.001, Amended_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Funeral, Cemetery, and Consumer Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Funeral, Cemetery, and Consumer Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 7, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 30, 2009