69K-5.0125: Minimum Records to Be Maintained by Burial Rights Brokers; Inspection of Records
PURPOSE AND EFFECT: Section 497.281(3), F.S., requires the Department to establish by rule the minimum records to be maintained by brokers of burial rights. Section 497.281(3), F.S., states that the purpose of maintaining such records is to prevent “confusion and error by the licensee or by the cemeteries in which the burial rights are located as to the status as sold or unsold, and as to the identity of the owner, of the burial rights and related interment spaces in the cemetery.” Section 497.281(4), F.S., authorizes the Department by rule to require inspections of the records of brokers of burial rights.
SUBJECT AREA TO BE ADDRESSED: Minimum records to be maintained by burial rights brokers and inspection of such records by the Department.
SPECIFIC AUTHORITY: 497.103(5)(b), 497.281 FS.
LAW IMPLEMENTED: 497.103(2)(a), 497.281 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: February 23, 2009, 2:00 p.m.
PLACE: Alexander Building, 2020 Capital Circle S.E., 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: Doug Shropshire (850)413-3039 or doug.shropshire@myfloridacfo.com. 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Doug Shropshire, Director, Division of Funeral, Cemetery, and Consumer Services, Alexander Building, 2020 Capital Circle S.E., Tallahassee, Florida 32399-0361, (850)413-3039 or doug.shropshire@myfloridacfo.com
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
69K-5.0125 Minimum Records to be Maintained by Burial Rights Brokers; Inspection of Records.
(1) Definitions. As used in this rule, the following definitions apply:
(a) “Person” includes natural persons, corporations, limited liability companies, trusts, and partnerships.
(b) “Department” refers to the Florida Department of Financial Services.
(2) A Person involved in the sale or transfer of burial rights under Section 497.281, F.S., shall maintain the following records for each sale or transfer of a burial right:
(a) The name, address, and phone number of the person selling or transferring the burial right.
(b) The name, address, and phone number of the person acquiring the burial rights.
(c) The date of the sale or transfer.
(d) The price paid or to be paid for the sale or transfer of the burial rights.
(e) The 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.
(f) The name and address of the cemetery where the burial space is located.
(g) A record identifying the type of burial rights: an in-ground interment space, a mausoleum, a columbarium, an ossuary, or a scattering garden.
(h) A 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.
1. Regarding in-ground interment spaces, such detailed identification shall include the name of the garden, lot, plot, and space number of the space.
2. Regarding 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.
(i) A list of any merchandise or services that were sold or transferred with the burial rights, if any, including identification of any preneed contract that was transferred or sold.
(j) If 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.
(k) If 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.
(l) A copy of any written or printed agreement or agreements relating to the sale or transfer of the burial right.
(m) Copies of all correspondence to or from the burial rights broker regarding the sale or transfer of the burial right.
(n) The complaint log and related records required under Section 497.151, F.S.
(3)(a) The 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 497.281, F.S. The records shall be maintained in written or in electronic form. If 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 maintained, all equipment and software needed to allow the immediate viewing of such records upon request by the Department’s inspector.
(b) When a Person licensed under the provisions of Chapter 497, F.S., other than Section 497.281, F.S., engages in activity as a burial rights broker under Section 497.281, F.S., such Person shall maintain the records required by subsection (2) of this rule, at such Person's primary place of business in Florida.
(4) Records required to be maintained under this rule shall be kept until the later of the following dates:
(a) Five years after the date a final interment has occurred using the burial rights that were the subject of the sale or transfer;
(b) Twelve months after the most recent inspection of the records by the Department under this rule.
(5) The Department of Financial Services shall inspect the records of each burial rights broker at least once every two years.
Specific Authority 497.103(5)(b), 497.281 FS. Law Implemented 497.103(2)(a), 497.281 FS. History–New_________.