(1) THE PURPOSE OF THE DISCIPLINARY GUIDELINES IS TO GIVE NOTICE THE LICENSEES AND OTHERS OF THE RANGE OF PENALTIES WHICH MAY BE IMPOSED FOR VIOLATIONS OF PARTICULAR PROVISIONS OF CHAPTER 497, F.S., AND RULES PROMULGATED THERETO. The disciplinary guidelines are based upon a single count violation of each provision listed. Multiple counts of violations of the same provision of Florida Statutes Chapter 497, or the rules promulgated thereto, or other unrelated violations contained in the same administrative complaint will be grounds for enhancement of penalties. All penalties at the upper range of the sanctions set forth in the guidelines, i.e., suspension, revocation, etc., may include lesser penalties, i.e., fines, costs, or probation which may be included in the final penalty at the board’s discretion. If the board finds that a person is subject to disciplinary action, the board shall issue a final order imposing appropriate penalties within the ranges recommended in these disciplinary guidelines, in the absence of aggravating or mitigating factors.
    (2) As an alternative to the provisions of Florida Statutes § 497.153, and pursuant to Florida Statutes § 497.155, the department may provide a licensee with a notice of noncompliance for a minor violation. Minor violations are deemed to be those violations for which there is no substantial threat to the public health, safety, and welfare.
    (3) THE DEPARTMENT SHALL ALSO HAVE THE AUTHORITY TO ISSUE CITATIONS FOR THE VIOLATIONS SET FORTH HEREIN IS ISSUED WITHIN SIX MONTHS AFTER THE COMPLETION OF THE INSPECTION OR EXAMINATION OR THE FILING OF THE COMPLAINT WHICH IS THE BASIS OF THE CITATION. The licensee must confirm that the violation has been corrected or is in the process of being corrected, upon acceptance of the citation. For each violation, there is a range of penalties to be imposed depending upon whether the violation is the first or second violation of the particular provision within the previous six (6) year period. (Multiple occurrences of a specific violation within an examination report will be cited as one violation.)
    (4) DEFINITIONS. As used in this rule:
    (a) “”Notice of noncompliance”” means an instrument which meets the requirements set forth in Florida Statutes § 497.155, and which is served upon a person for the purpose of notifying the subject of the violation(s).
    (b) “”Citation”” means an instrument which meets the requirements set forth in Florida Statutes § 497.155, and which is served upon a person for the purpose of assessing a penalty in an amount established by this rule.
    (c) “”Costs”” includes costs of investigation and prosecution as set forth in Section 497.153(5)(b), F.S.
    (d) “”Reprimand”” is a discipline that the board may impose in addition to or in lieu of any other disciplinary penalty. A reprimand is represented by a written document.
    (5) UNLESS OTHERWISE SET OUT HEREIN, A VIOLATION OF ANY PROVISION UNDER CHAPTER 497, F.S., OR VIOLATION OF ANY LAWFUL ORDER OF THE BOARD OR DEPARTMENT WILL BE CONSIDERED A VIOLATION OF SECTION 497.152(1)(a), F.S., AND MAY RESULT IN DISCIPLINARY ACTION AS FOLLOWS:
    (a) Penalty Range 1st Offense: Reprimand, fine of $250 to $2500 plus costs. In addition, probation for 6 months to 1 year, suspension up to 2 years, permanent revocation of license and/or restitution may be imposed.
    (b) Penalty Range Subsequent Offenses: Reprimand, fine of $1,000 to $5,000 plus costs. In addition, probation for up to 2 years, suspension up to 5 years, permanent revocation of license and/or restitution may be imposed.
    (6) BASED UPON CONSIDERATION OF THE FOLLOWING AGGRAVATING AND MITIGATING FACTORS, THE BOARD MAY IMPOSE DISCIPLINARY ACTION OTHER THAN THE PENALTIES RECOMMENDED HEREIN:
    (a) The danger to the public;
    (b) The length of time since date of violation;
    (c) The number of complaints filed against the licensee;
    (d) The length of time licensee has practiced;
    (e) The actual damage, physical or otherwise, caused by the violation;
    (f) The deterrent effect of the penalty imposed;
    (g) The effect of the penalty upon the licensee’s livelihood;
    (h) Any efforts for rehabilitation;
    (i) The actual knowledge of the licensee pertaining to the violation;
    (j) Attempts by licensee to correct or stop violations or refusal by licensee to correct or stop violations;
    (k) Related violations against a license in another state including findings of guilt or innocence, penalties imposed and penalties served; and
    (l) Penalties imposed for related offenses under these guidelines.
    (7) THE BOARD MAY ALSO IMPOSE ONE OR MORE OF THE FOLLOWING CONDITIONS IN A DISCIPLINARY ORDER:
    (a) Fines and costs are to be paid by cashier’s check or money order payable to the Board of Funeral, Cemetery, and Consumer Services and delivered to the board office at the Department of Financial Services, Board of Funeral, Cemetery, and Consumer Services, 200 East Gaines Street, Tallahassee, Florida 32399, within 30 days of the effective date of the Order;
    (b) Continuing Education, when imposed as a condition of probation, will be a minimum of two (2) hours and a maximum of six (6) hours per violation and shall be in addition to those hours required for license renewal. Unless otherwise indicated in the Order, all Continuing Education must be completed prior to the lifting of probation or suspension;
    (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
    (d) Prior to the lifting of probation or suspension, the board may compel the licensee to attend an in-person meeting of the board and demonstrate compliance with the Order and demonstrate by testimony, presentation of letters of recommendation from friends and supervisors within the industry, and other indicia of rehabilitation, that he or she is able to resume practicing with reasonable care and safety and in compliance with the laws of the State of Florida and rules of this board.
    (8) UPON MOTION AND FOR GOOD CAUSE SHOWN, THE USUAL CONDITIONS MAY BE ALTERED BY THE BOARD AT THE TIME DISCIPLINE IS IMPOSED TO REFLECT LICENSEE’S ABILITY TO COMPLY. Changes include, but are not limited to, extension of time for payment of fines and costs, reduction of the interest rate imposed, altering the time for taking Continuing Education or the Florida Laws and Rules Examination, waiving appearance before the board altogether, or permitting appearance pursuant to paragraph (7)(d), by telephone due to incapacity.
    (9) TRUST FUND RESTORATION: IN ADDITION TO ANY DISCIPLINE IMPOSED UNDER THESE GUIDELINES, THE BOARD MAY ORDER A LICENSEE TO REMIT THE FULL AMOUNTS REQUIRED BY CHAPTER 497, F.S. TO THE APPROPRIATE TRUST FUND AS PER SECTION 497.153(6), F.S.
    (10) THE PREVISIONS TO THESE GUIDELINES SHALL NOT BE CONSTRUED SO AS THE PROHIBIT CIVIL ACTION OR CRIMINAL PROSECUTION AS PROVIDED FOR IN SECTION 497.153, 497.158 or 497.159, F.S., AND SHALL NOT BE CONSTRUED SO AS TO LIMIT THE ABILITY OF THE BOARD TO ENTER INTO BINDING STIPULATIONS AS PER SECTION 120.57(4), F.S.
    (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
PENALTIES FOR EACH VIOLATION

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
Florida Statutes § 497.151(2)
Failing to maintain procedures for handling complaints.
Notice of non-compliance.
Citation of $200.
2
Section 497.152(1)(b), F.S.
Committing fraud, deceit, negligence, incompetence, or misconduct.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year, suspension up to 2 years, permanent revocation of license and/or restitution may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 5 years, permanent revocation of license and/or restitution may be imposed.
3
Section 497.152(1)(c), F.S.
Failing to maintain one or more of the qualifications for holding a license under this chapter.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for up to 2 years with conditions or suspension up to 2 years may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 3 years with conditions, suspension up to 3 years, or permanent revocation of license may be imposed.
4
Section 497.152(1)(d), F.S.
Refusing to sell or issue a contract to any person because of race, color, creed, marital status, sex, or national origin.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for up to 2 years with conditions may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 3 years with conditions, suspension up to 3 years, or permanent revocation of license may be imposed.
5
Florida Statutes § 497.152(2)
Being convicted of, pleading nolo, regardless of adjudication to crime directly relates to practice or ability to do so.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, permanent revocation of license and/or restitution may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 3 years with conditions, suspension up to 3 years, permanent revocation of license, and/or restitution may be imposed.
6
Florida Statutes § 497.152(3)
Having been disciplined by a regulatory agency in any jurisdiction for conduct that would violate Florida Statutes Chapter 497, if committed in this state, or upon grounds that directly relate to the ability to practice under this chapter.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 3 years, or permanent revocation of license may be imposed.
7
Section 497.152(4)(a), F.S.
Improperly interfering with investigation or inspection.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
8
Section 497.152(4)(b), F.S.
Failure to comply with a lawfully issued subpoena of the department.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
9
Section 497.152(4)(c), F.S.
Refused to produce records to the department or board in connection with any activity regulated pursuant to this chapter.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
10
Section 497.152(4)(d), F.S.
Failing to report person licensee knows is in violation of this chapter if the violation is creating a serious and immediate danger to the public health, safety, or welfare.
Reprimand, fine of $2,000-$3,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
Reprimand, fine of $3,500-$5,000 plus costs. In addition, probation for up to 3 years with conditions, suspension up to 3 years, or permanent revocation of license may be imposed.
11
Section 497.152(4)(e), F.S.
Knowingly conceal information relative to violations of Florida Statutes Chapter 497
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 3 years with conditions, suspension up to 3 years, or permanent revocation of license may be imposed.
12
Section 497.152(4)(f), F.S.
Obtaining or attempting to get license by bribery, false or forged evidence, or misrepresentation.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
13
Section 497.152(4)(g), F.S.
Knowingly filing false report, failing to file required report or impeding filing report with any government entity.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.

14
Section 497.152(4)(h), F.S.
Failing to perform any statutory or legal obligation placed upon a licensee.
Reprimand, fine of $250-$2,000 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $1,000-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
15
Section 497.152(5)(a), F.S.
Practicing or offering to practice beyond the scope permitted by this chapter and rules adopted under this chapter for the type of license held.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
16
Section 497.152(5)(b), F.S.
Attempt to or use a suspended, revoked, inactive or delinquent license.
If delinquent, $250 per month. If other, fine of $2,000-$3,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years or permanent revocation of license may be imposed.
If delinquent, fine of $1,000-$2,500. If other, fine of $2,500-$5,000 plus costs. In addition, probation for up to 3 years with conditions, suspension up to 3 years or permanent revocation of license may be imposed.
17
Section 497.152(5)(c), F.S.
Represent as your own license of another.
Reprimand, fine of $2,000-$3,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years or permanent revocation of license may be imposed.
Reprimand, fine of $3,500-$5,000 plus costs. In addition, probation for up to 3 years with conditions, suspension up to 3 years or permanent revocation of license may be imposed.
18
Section 497.152(5)(d), F.S.
Aiding, assisting, procuring, employing, or advising any person to practice a profession or occupation regulated by this chapter without required licensure.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
19
Section 497.152(5)(e), F.S.
Aiding, assisting, procuring, employing, or advising any person to operate or to operate an establishment regulated by this chapter without the required licensure.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
20
Section 497.152(5)(f), F.S.
Delegating professional activities to a person when the licensee knows or has reason to know the person is not qualified to perform.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
21
Section 497.152(5)(g), F.S.
Using a title suggesting licensure that the person does not hold.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
22
Section 497.152(5)(h), F.S.
A direct disposer engaging in the practice of direct burial or offering the at-need or preneed service of direct burial.
Reprimand, fine of $2,000-$3,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
Reprimand, fine of $3,500-$5,000 plus costs. In addition, probation for up to 3 years with conditions, suspension up to 3 years, or permanent revocation of license may be imposed.
23
Florida Statutes § 497.152(6)
Failing to timely comply with continuing education course requirements.
Notice of non-compliance.
Citation of $250.
24
Section 497.152(7)(a), F.S.
Having been found liable in civil proceedings for knowingly filing a false report or complaint against another licensee with the department or the board.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
25
Section 497.152(7)(b), F.S.
Making misleading statements or misrepresentations as to the financial condition of any person to damage that person’s business regulated under Florida Statutes Chapter 497
Reprimand, fine of $2,000-$3,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
Reprimand, fine of $3,500-$5,000 plus costs. In addition, probation for up to 3 years with conditions, suspension up to 3 years, or permanent revocation of license may be imposed.
26
Section 497.152(8)(a), F.S.
Violating any state or local law/rule affecting handling, custody, care, or transport of bodies.
Reprimand, fine of $500-$2,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 3 years with conditions, suspension up to 3 years, or permanent revocation of license may be imposed.
27
Section 497.152(8)(b), F.S.
Refusing to promptly surrender custody of body on express order of a legally authorized person.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
28
Section 497.152(8)(c), F.S.
Taking possession of body w/out permission from a legally authorized person.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
29
Section 497.152(8)(d), F.S.
Embalming w/out prior permission of a legally authorized person.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
30
Section 497.152(8)(e), F.S.
Failing to obtain written authorization from a legally authorized person before entombment, interment, disinterment, disentombment, or disinurnment of human remains.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
31
Section 497.152(9)(a), F.S.
Solicitation by or on behalf of licensee by fraud, undue influence, or other vexatious conduct.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
32
Section 497.152(9)(b), F.S.
Exercising influence on client for financial gain.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
33
Section 497.152(9)(c), F.S.
Discouraging the purchase of any burial merchandise or burial service which is advertised or offered for sale, with the purpose of encouraging the purchase of any additional or more expensive burial merchandise or service as provided in section.
Reprimand, fine of $500-$1,000 plus costs. In addition, probation for 6 months to 1 year with conditions may be imposed.
Reprimand, fine of $1,000-$1,500 plus costs. In addition, probation for 6 months to 1 year with conditions may be imposed.
34
Section 497.152(9)(d), F.S.
Misrepresenting the benefits, advantages, conditions, or terms of any contract to provide any services or merchandise regulated under this chapter.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, permanent revocation of license, and/or restitution may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, permanent revocation of license, and/or restitution may be imposed.
35
Section 497.152(9)(e), F.S.
Subsection
69K-29.001(2), F.A.C.
Fraudulent, false, deceptive, or misleading advertising.
Reprimand, fine of $500-$2,000 plus costs. In addition, probation for 6 months to 1 year with conditions may be imposed.
Reprimand, fine of $2,000-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
36
Section 497.152(9)(f), F.S.
Directly or indirectly making any deceptive, misleading, or untrue representations, whether oral or written, or employing any trick, scheme, or artifice related to any license regulated under this chapter.
Reprimand, fine of $500-$2,000 plus costs. In addition, probation for 6 months to 1 year with conditions may be imposed.
Reprimand, fine of $2,000-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
37
Florida Statutes § 497.152(10)
Making any false or misleading statements, or misrepresentations regarding the sale or necessity of burial or funeral merchandise or services.
Reprimand, fine of $500-$2,000 plus costs. In addition, probation for 6 months to 1 year with conditions may be imposed.
Reprimand, fine of $2,000-$3,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
38
Section 497.152(10)(f), F.S.
Making any false or misleading statement or claim that natural decomposition or decay of human remains can be prevented or substantially delayed by embalming, use of a gasketed or ungasketed casket, or use of an adhesive or nonadhesive closure on an outer burial container.
Reprimand, fine of $500-$2,000 plus costs. In addition, probation for 6 months to 1 year with conditions may be imposed.
Reprimand, fine of $2,000-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
39
Section 497.152(10)(g), F.S.
Making any false or misleading statement, oral or written, directly or indirectly, regarding any law or rule pertaining to the preparation for disposition, transportation for disposition, or disposition of dead human bodies.
Reprimand, fine of $500-$2,000 plus costs. In addition, probation for 6 months to 1 year with conditions may be imposed.
Reprimand, fine of $2,000-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
40
Section 497.152(11)(a), F.S.
Failing to furnish, for retention, to each purchaser of burial rights, burial or funeral merchandise, or burial or funeral services a written agreement, the form of which has been approved by the board.
Reprimand, fine of $500-$1,000 plus costs. In addition, probation for 6 months to 1 year with conditions may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for 1 year to 2 years with conditions may be imposed.
41
Section 497.152(11)(b), F.S.
Filling in any contract form for use with a particular customer using language that misrepresents the true nature of the contract.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
42
Section 497.152(11)(c), F.S.
Selling an irrevocable preneed contract to a person who is not an applicant for or recipient of supplemental security income, temporary cash assistance or Medicaid.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 3 years with conditions, suspension up to 3 years, or permanent revocation of license may be imposed.
43
Section 497.152(11)(d), F.S.
Except for preneed contracts, guaranteeing the price of goods and services at a future date.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
44
Section 497.152(11)(e), F.S.
Requiring casket purchase for cremation or claiming it is required.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
45
Section 497.152(11)(f), F.S.
If caskets are displayed for sale, failing to display the least expensive casket offered for sale in the same manner other caskets are displayed.
Notice of non-compliance.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for up to 3 years with conditions or suspension up to 3 years may be imposed.
46
Section 497.152(11)(g), F.S.
Assessing fees and costs that have not been disclosed to the customer as provided in the section.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, and/or restitution may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, permanent revocation of license, and/or restitution may be imposed.
47
Section 497.152(11)(h), F.S.
Failure by a licensed cemetery to provide to any person upon request, a copy of the cemetery bylaws (ONLY if the cemetery has bylaws).
Notice of non-compliance.
Reprimand, fine of $200-$500 plus costs. In addition, probation for up to 2 years with conditions may be imposed.
48
Section 497.152(11)(i), F.S.
Requiring lot owners or current customers to make unnecessary visits to the cemetery company office for the purpose of solicitation, as provided in section.
Reprimand, fine of $500-$1,000 plus costs. In addition, probation for 6 months to 1 year with conditions may be imposed.
Reprimand, fine of $1,000-$3,500 plus costs. In addition, probation for up to 2 years with conditions may be imposed.
49
Section 497.152(12)(a), F.S.
Failure to disclose, when requested, the components of the prices for alternatives offered by the licensee regarding graveside services, direct disposition and body donation.
Reprimand, fine of $250-$1,000 plus costs. In addition, probation for 6 months to 1 year with conditions or suspension up to 1 year may be imposed.
Reprimand, fine of $1,000-$3,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
50
Section 497.152(12)(b), F.S.
Fails to provide itemized price list as described before discussion of selection.
Reprimand, fine of $250-$1,000 plus costs. In addition, probation for 6 months to 1 year with conditions or suspension up to 1 year may be imposed.
Reprimand, fine of $1,000-$3,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
51
Section 497.152(12)(c), F.S.
Failing to reasonably provide by telephone, upon request, accurate information regarding the retail prices of funeral merchandise and services offered for sale by that licensee.
Reprimand, fine of $250-$1,000 plus costs. In addition, probation for 6 months to 1 year with conditions or suspension up to 1 year may be imposed.
Reprimand, fine of $1,000-$3,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
52
Section 497.152(12)(d), F.S.
Failing to make full disclosure regarding merchandise not to be disposed of with body or obtain permission.
Reprimand, fine of $250-$1,000 plus costs. In addition, probation for 6 months to 1 year with conditions or suspension up to 1 year may be imposed.
Reprimand, fine of $1,000-$3,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
53
Section 497.152(12)(e), F.S.
Failure by any funeral director to fully disclose all of her or his available services and merchandise prior to the selection of a casket offered by a licensee. The full disclosure required shall identify what is included in the funeral or direct disposition and the prices of all services and merchandise provided by the licensee or registrant.
Reprimand, fine of $250-$1,000 plus costs. In addition, probation for 6 months to 1 year with conditions or suspension up to 1 year may be imposed.
Reprimand, fine of $1,000-$3,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
54
Section 497.152(12)(f), F.S.
Failing to have the price of any casket offered for sale clearly marked on or in the casket, whether the casket is displayed at a funeral establishment or at any other location, regardless of whether the licensee is in control of such location. If a licensee uses books, catalogs, brochures, or other printed display aids, the price of each casket shall be clearly marked.
Notice of non-compliance.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for up to 3 years with conditions or suspension up to 3 years may be imposed.
55
Section 497.152(12)(g), F.S.
Failing to disclose all fees and costs the customer may incur to use the burial rights or merchandise purchased.
Reprimand, fine of $250-$1,000 plus costs. In addition, probation for 6 months to 1 year with conditions or suspension up to 1 year may be imposed.
Reprimand, fine of $1,000-$3,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
56
Section 497.152(13)(a), F.S.
Failing without reasonable justification to timely honor contracts entered into by the licensee or under the licensee’s license for funeral or burial merchandise or services.
Reprimand, fine of $500-$1,000 plus costs. In addition, probation for up to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $1,500-$3,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
57
Section 497.152(13)(b), F.S.
Failure to honor preneed contract cancellation requests and make refunds as required by the chapter.
Reprimand, fine of $250-$1.000 plus costs. In addition, probation for up to 1 year with conditions, suspension up to 1 year, and/or restitution may be imposed.
Reprimand, fine of $1,000-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, permanent revocation of license and/or restitution may be imposed.
58
Section 497.152(14)(a), F.S.
Failing to adopt and implement standards for the proper investigation and resolution of claims and complaints received by a licensee relating to the licensee’s activities regulated by this chapter.
Notice of non-compliance.
Citation of $200.
59
Section 497.152(14)(b), F.S.
Committing or performing with such frequency as to indicate a general business practice any of the actions listed in the section, including those regarding complaints or claims relating to the licensee’s activities.
Reprimand, fine of $2,000-$3,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
Reprimand, fine of $3,500-$5,000 plus costs. In addition, probation for up to 3 years with conditions, suspension up to 3 years, or permanent revocation of license may be imposed.
60
Section 497.152(14)(c), F.S.
Making a material misrepresentation to a contract purchaser or a legally authorized person for the purpose and with the intent of effecting settlement of a claim or complaint or loss under a prepaid contract on less favorable terms than those provided in, and contemplated by, the prepaid contract.
Reprimand, fine of $500-$2,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
Reprimand, fine of $2,000-$5,000 plus costs. In addition, probation for up to 3 years with conditions, suspension up to 3 years, or permanent revocation of license may be imposed.
61
Section 497.152(14)(d), F.S.
Failing to maintain a complete copy of every complaint received by the licensee since the date of the last examination of the licensee by the department.
Notice of non-compliance.
Citation of $200.
62
Section 497.152(15)(a), F.S.
Failing to timely pay any fee required by this chapter.
Notice of non-compliance.
Reprimand, fine of $500-$1,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
63
Section 497.152(15)(b), F.S.
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.
Notice of non-compliance.
Notice of non-compliance.
64
Section 497.152(15)(b), F.S.
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)(b), F.S., shall be considered a NON-MINOR violation of this section.
Reprimand, fine of $250-$1,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
Reprimand, fine of $1,000-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
65
Section 497.152(15)(c), F.S.
Paying to or receiving from any organization, agency, or person, either directly or indirectly, any commission, bonus, kickback, or rebate in any form whatsoever for any business regulated under this chapter, except for the payment of commissions by a funeral director, funeral establishment, cemetery, or monument establishment to its preneed agents licensed pursuant to this chapter or to licensees under this chapter.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions may be imposed.
66
Florida Statutes § 497.157(1)
Practicing any regulated activity under Florida Statutes Chapter 497, without a license in good standing.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $200-$500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
67
Florida Statutes § 497.164
Rules 69K-9.002 and
69K-9.003, F.A.C.
Improper solicitation of goods or services as provided in cited statute/rules.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
68
Florida Statutes § 497.171
Fl. Admin. Code R. 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.
Reprimand, fine of $250-$1,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
Reprimand, fine of $500-$3,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
69
Fl. Admin. Code R. 69K-6.005
Failing to make records available to the department for examination or inspection.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
70
Fl. Admin. Code R. 69K-6.0051
Failing to maintain account receivable records in the manner required by this rule.
Notice of non-compliance
Reprimand, fine of $1,000-$3,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
71
Fl. Admin. Code R. 69K-6.0052
Failure to prepare and provide accurate work papers to the department for examination in the manner required by this rule.
Reprimand, fine of $1,000-$2,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
Reprimand, fine of $2,000-$3,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
72
Subsection 69K-6.0054(2), F.A.C.
Making additions or deletions on a preneed contract in violation of the rule.
Reprimand, fine of $500-$1,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
Reprimand, fine of $1,000-$1,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
73
Subsection 69K-6.0054(3), F.A.C.
Only one preneed licensee and one seller shall be referenced in a contract, unless previously approved by the division.
Reprimand, fine of $500-$1,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
Reprimand, fine of $1,000-$1,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
74
Fl. Admin. Code R. 69K-9.001
Failure of a licensee or registrant to maintain a file of all brochures and related documents delivered to prospective customers and copies of advertising actually printed, published, broadcast, or placed on any electronic media.
Notice of non-compliance.
Citation of $250 or fine up to $1,000 plus costs.
75
Fl. Admin. Code R. 69K-17.0041
A continuing education provider committing any of the acts enumerated in paragraph (6)(a), (b), (c), (d), (e), (f), (g), or (h) of this rule (if the continuing education provider is a Florida Statutes Chapter 497 licensee).
Suspension of approval for not less than 1 month nor more than 24 months.
Revocation of approval.
76
Fl. Admin. Code R. 69K-17.0043
Failure of a continuing education provider to maintain the records required by this rule (if the continuing education provider is a Florida Statutes Chapter 497 licensee).
Suspension of approval for not less than 1 month nor more than 24 months.
Revocation of approval.
77
Fl. Admin. Code R. 69K-17.0044
Advertising continuing education courses in violation of this rule (if the continuing education provider is a Florida Statutes Chapter 497 licensee).
Suspension of approval for not less than 1 month nor more than 24 months.
Revocation of approval.
CEMETERY REGULATION
78
Florida Statutes § 497.264(1)
Operating cemetery at a location other than licensed.
Reprimand, fine of $2,000-$3,500 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., F.S. may be imposed.
Reprimand, fine of $3,500-$5,000 plus costs. In addition, probation for up to 3 years with conditions and/or discipline as contemplated in Sections 497.153(5)(a)4. and 497.153(5)(a)5., F.S. may be imposed.
79
Florida Statutes § 497.266(3)
A person may not withdraw or transfer any portion of assets within the care and maintenance trust fund, except as authorized by Florida Statutes § 497.2675, without first obtaining written consent from the licensing authority.
Reprimand, fine of $1,000-$3,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
Reprimand, fine of $3,500-$5,000 plus costs. In addition, probation for up to 3 years with conditions, suspension up to 3 years, or permanent revocation of license may be imposed.
80
Florida Statutes § 497.267
Using withdrawals from the care and maintenance trust fund for purposes other than allowed by this section.
Notice of non-compliance.
Reprimand, fine of $500-$1,500 plus costs.
81
497.268(1)(a), (b), (c)
Failing to set aside the required monies to the care and maintenance trust fund – 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.
Notice of non-compliance.
Notice of non-compliance.
82
Sections 497.268(1)(a), (b), (c), F.S.
Failing to set aside the required monies to the care and maintenance trust fund – 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), F.S., shall be considered a NON-MINOR violation of this section.
Reprimand, fine of $250-$1,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
Reprimand, fine of $1,000-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
83
Florida Statutes § 497.268(2)
Failure of cemetery to consistently make timely deposits to any trust fund – 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.
Notice of non-compliance.
Notice of non-compliance.
84
Florida Statutes § 497.268(2)
Failure of cemetery to consistently make timely deposits to any trust fund – 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), F.S., shall be considered a NON-MINOR violation of this section.
Reprimand, fine of $250-$1,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
Reprimand, fine of $1,000-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
85
Florida Statutes § 497.270(1)
Selling, mortgaging, leasing, or encumbering land in a licensed cemetery without prior approval of the licensing authority.
Reprimand, fine of $2,000-$3,500 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., F.S. may be imposed.
Reprimand, fine of $3,500-$5,000 plus costs. In addition, probation for up to 3 years with conditions and/or discipline as contemplated in Sections 497.153(5)(a)4. and 497.153(5)(a)5., F.S. may be imposed.
86
Florida Statutes § 497.270(2)
Selling or conveying 30 or more contiguous acres of a licensed cemetery without obtaining prior written approval, if the new use of the property is not a cemetery.
Reprimand, fine of $2,000-$3,500 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., F.S. may be imposed.
Reprimand, fine of $3,500-$5,000 plus costs. In addition, probation for up to 3 years with conditions and/or discipline as contemplated in Sections 497.153(5)(a)4. and 497.153(5)(a)5., F.S. may be imposed.
87
Section 497.270(3)(a), F.S.
Selling or conveying property described in Florida Statutes § 497.270(2), without complying with the notice requirements set forth in Florida Statutes § 497.270(3)
Reprimand, fine of $2,000-$3,500 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., F.S. may be imposed.
Reprimand, fine of $3,500-$5,000 plus costs. In addition, probation for up to 3 years with conditions and/or discipline as contemplated in Sections 497.153(5)(a)4. and 497.153(5)(a)5., F.S. may be imposed.
88
Florida Statutes § 497.270(4)
Conveying real and personal property to a municipality or county without prior written approval of the department.
Reprimand, fine of $2,000-$3,500 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., F.S. may be imposed.
Reprimand, fine of $3,500-$5,000 plus costs. In addition, probation for up to 3 years with conditions and/or discipline as contemplated in Sections 497.153(5)(a)4. and 497.153(5)(a)5., F.S. may be imposed.
89
Florida Statutes § 497.271
Failing to comply with standards for construction and significant alteration or renovation of mausoleums and columbaria as set out in section.
Reprimand, fine of $500 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., F.S. may be imposed.
Reprimand, fine of $2,000-$3,500 plus costs. In addition, probation for up to 3 years with conditions and/or discipline as contemplated in Sections 497.153(5)(a)4. and 497.153(5)(a)5., F.S. may be imposed.
90
Florida Statutes § 497.272(1)
Failing to meet the construction timeframes, as provided in section.
Notice of non-compliance.
Reprimand, fine of $1,000-$5,000 plus costs. In addition, probation for up to 3 years with conditions and/or discipline as contemplated in Sections 497.153(5)(a)4. and 497.153(5)(a)5., F.S. may be imposed.
91
Florida Statutes § 497.272(2)
Failure of a cemetery company to establish a preconstruction trust fund prior to offering space in a mausoleum, columbarium or below ground crypts before construction.
Reprimand, fine of $2,000-$3,500 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., F.S. may be imposed.
Reprimand, fine of $3,500-$5,000 plus costs. In addition, probation for up to 3 years with conditions and/or discipline as contemplated in Sections 497.153(5)(a)4. and 497.153(5)(a)5., F.S. may be imposed.
92
Florida Statutes § 497.272(3)
Failing to deposit the proper amounts into the preconstruction trust fund, if one is required (if greater than referenced in Section 497.152(15)(b), F.S.).
Reprimand, fine of $2,000-$3,500 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., F.S. may be imposed.
Reprimand, fine of $3,500-$5,000 plus costs. In addition, probation for up to 3 years with conditions and/or discipline as contemplated in Sections 497.153(5)(a)4. and 497.153(5)(a)5., F.S. may be imposed.
93
Florida Statutes § 497.273(2)
Failure of a cemetery company to fully disclose all fees for interment, entombment, or inurnment of human remains.
Reprimand, fine of $500-$1,000 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., F.S. may be imposed.
Reprimand, fine of $1,000-$3,500 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., F.S. may be imposed.
94
Florida Statutes § 497.273(3)
Failing to comply with bylaws as set out in section (if the cemetery has adopted bylaws).
Reprimand, fine of $500-$1,000 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., F.S. may be imposed.
Reprimand, fine of $1,000-$3,500 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., F.S. may be imposed.
95
Section 497.274(2)(a), F.S.
Failing to prepare and maintain a map documenting the establishment of recoverable internal survey reference markers and establish the markers as outlined in section.
Reprimand, fine of $500-$1,000 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., F.S. may be imposed.
Reprimand, fine of $1,000-$3,500 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., F.S. may be imposed.
96
Florida Statutes § 497.276
Failure to maintain accurate burial records and have all financial records available for examination by department in the manner required by the section.
Reprimand, fine of $1,000-$2,500 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., F.S. may be imposed.
Reprimand, fine of $2,500-$5,000 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., F.S. may be imposed.
97
Florida Statutes § 497.277
Assessing other charges in violation of section.
Reprimand, fine of $500-$1,000 plus costs. In addition, probation for 6 months to 1 year with conditions, discipline as contemplated in Sections 497.153(5)(a)4. and 497.153(5)(a)5., F.S., and/or restitution may be imposed.
Reprimand, fine of $1,000-$3,500 plus costs. In addition, probation for up to 2 years with conditions, discipline as contemplated in Sections 497.153(5)(a)4. and 497.153(5)(a)5., F.S., and/or restitution may be imposed.
98
Florida Statutes § 497.278(1)
Charging a fee for the installation of a monument obtained from and installed by a person other than the cemetery company or its agents.
Reprimand, fine of $500-$1,000 plus costs. In addition, probation for 6 months to 1 year with conditions, discipline as contemplated in Sections 497.153(5)(a)4. and 497.153(5)(a)5., F.S., and/or restitution may be imposed.
Reprimand, fine of $1,000-$3,500 plus costs. In addition, probation for up to 2 years with conditions, discipline as contemplated in Sections 497.153(5)(a)4. and 497.153(5)(a)5., F.S., and/or restitution may be imposed.
99
Florida Statutes § 497.278(2)
Failing to mark the place on a grave where a monument is to be installed as described in section.
Notice of non-compliance.
Reprimand, fine of $500-$1,000 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., F.S. may be imposed.
100
Florida Statutes § 497.278(3)
Establishing a condition for entry on or access to cemetery property as specified in section.
Notice of non-compliance.
Reprimand, fine of $500-$1,000 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., F.S. may be imposed.
101
Florida Statutes § 497.280(1)
Attempting to sell grave space tied to the purchase of a monument from or through the seller or any other designated person or corporation.
Notice of non-compliance.
Reprimand, fine of $500-$1,000 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., F.S. may be imposed.
102
Section 497.280(2)(a), F.S.
Failure to have reasonable rules, if adopted, conspicuously posted.
Notice of non-compliance.
Citation of $200.
103
Section 497.280(2)(b)1., F.S.
Requiring the payment of a setting or service charge, by whatever name known, from third party installers for the placement of a monument, as provided in section.
Reprimand, fine of $500-$1,000 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., F.S. may be imposed.
Reprimand, fine of $1,000-$3,500 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., F.S. may be imposed.
104
Section 497.280(2)(b)2., F.S.
Refusing to provide care or maintenance for any portion of a gravesite on which a monument has been placed.
Reprimand, fine of $500-$1,000 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., F.S. may be imposed.
Reprimand, fine of $1,000-$2,500 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., F.S. may be imposed.
105
Section 497.280(2)(b)3., F.S.
Requiring a person to waive liability with respect to damage to a monument after installation, where the monument or installation service is not purchased from the person, cemetery company or other entity authorized to sell or to provide grave space.
Reprimand, fine of $500-$1,000 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., F.S. may be imposed.
Reprimand, fine of $1,000-$2,500 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., F.S. may be imposed.
106
Florida Statutes § 497.280(3)
Conditioning any program offering free burial rights by any requirement to purchase additional burial rights, services, or funeral merchandise.
Citation of $500.
Reprimand, fine of $1,000-$2,500 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., F.S. may be imposed.
107
Section 497.281(1) and (2), F.S.
Failing to comply with licensure requirements of brokers of burial rights as set out in section.
Reprimand, fine of $1,000-$2,500 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., F.S. may be imposed.
Reprimand, fine of $2,500-$5,000 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., F.S. may be imposed.
108
Florida Statutes § 497.282(1)
Providing inaccurate information by telephone upon request, regarding retail prices of burial merchandise and services.
Reprimand, fine of $250-$500 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., F.S. may be imposed.
Reprimand, fine of $1,000-$3,500 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., F.S. may be imposed.
109
Florida Statutes § 497.282(2)
Failing to fully disclose services or merchandise prior to selection.
Reprimand, fine of $250-$500 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., F.S. may be imposed.
Reprimand, fine of $1,000-$3,500 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., F.S. may be imposed.
110
Florida Statutes § 497.282(3)
Making false or misleading statements as to casket/outer burial container.
Notice of non-compliance.
Reprimand, fine of $200-$500 plus costs. In addition, probation for up to 2 years with conditions may be imposed.
111
Florida Statutes § 497.282(4)
Failing to provide a good faith estimate of all fees and costs the consumer will incur to use any burial right, merchandise, or services purchased.
Reprimand, fine of $250-$500 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., F.S. may be imposed.
Reprimand, fine of $1,000-$3,500 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., F.S. may be imposed.
112
Florida Statutes § 497.282(5)
Failing to provide to the customer upon request a current copy of the bylaws of the licensee.
Notice of non-compliance.
Reprimand, fine of $200-$500 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., F.S. may be imposed.
113
Florida Statutes § 497.282(6)
Subsections
69K-6.0054(1) and 69K-6.0054(4), F.A.C.
Failing to provide to the customer a written contract containing required information which has previously been approved.
Reprimand, fine of $500-$1,000 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., F.S. may be imposed.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 1 to 2 years with conditions and/or discipline as contemplated in Sections 497.153(5)(a)4. and 497.153(5)(a)5., F.S. may be imposed.
114
Section 497.282(6)(c), F.S.
Rule 69K-8.006,
Subsections
69K-6.0054(1) and 69K-6.0054(4), F.A.C.
Failing to state the type, size and design of merchandise and the description of the service to be delivered or performed as required in these provisions.
Citation of $200.
Citation of $400.
115
Florida Statutes § 497.282(7)
Subsections
69K-6.0054(1) and 69K-6.0054(4), F.A.C.
Failing to provide the licensee’s policy on cancellations and refunds to each customer.
Notice of non-compliance.
Reprimand.
116
Florida Statutes § 497.282(8)
Subsection
69K-6.0054(1) and 69K-6.0054(4), F.A.C.
Failing to provide certain information on a signature page, and/or failing to provide that information in a correct type size.
Notice of non-compliance.
Reprimand.
117
Florida Statutes § 497.282(9)
Fl. Admin. Code R. 69K-9.004
Failure to display the cemetery and preneed brochure required by this statute or rule.
Notice of non-compliance.
Citation of $200.
118
Florida Statutes § 497.282(10)
Subsection
69K-6.0054(1), F.A.C.
Failing to provide each customer a complete description of any monument or marker.
Citation of $200.
Citation of $400.
119
Florida Statutes § 497.283
Cemetery is prohibited from entering into contracts where delivery is made more than 120 days after receipt of final payment.
Reprimand, fine of $1,000-$2,500 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., F.S. may be imposed.
Reprimand, fine of $2,500-$5,000 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., F.S. may be imposed.
120
Florida Statutes § 497.285
Prohibited conduct of surrendered licenses; inactive cemeteries.
Reprimand, fine of $1,000-$2,500 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., F.S. may be imposed.
Reprimand, fine of $2,500-$5,000 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., F.S. may be imposed.
121
Florida Statutes § 497.286
Improper activity by cemeteries regarding abandoned cemetery rights.
Notice of non-compliance.
Citation of $200.
122
Section 69K-6.002, F.S.
Failing to maintain cemetery grounds in reasonable condition.
Notice of non-compliance.
Reprimand, fine of $1,000-$2,500 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. F.S. may be imposed.
123
Section 69K-6.004, F.S.
Failing to keep burial records and contracts in a secure manner as set out in rule.
Notice of non-compliance.
Citation of $500.
FUNERAL DIRECTING, EMBALMING AND RELATED SERVICES
124
Florida Statutes § 497.365
Practicing a profession or occupation regulated by Florida Statutes Chapter 497 without an active status license.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
125
Florida Statutes § 497.372(2)
Practicing as a funeral director without affiliation with a licensed funeral establishment.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
126
Section 497.375(1)(d), F.S.
Operating as a funeral director intern without direct supervision of a licensed funeral director.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
127
Florida Statutes § 497.380(3)
Managing or operating an unlicensed funeral establishment.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
128
Sections 497.380(6) and (7), F.S.
Failing to have appropriately licensed personnel at a funeral establishment.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
129
Section 497.380(12)(a), F.S.
Paragraph
69K-21.002(4)(b), F.A.C.
Failing to promptly report the following changes to a funeral establishment: change of ownership.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
130
Section 497.380(12)(b), F.S.
Paragraph
69K-21.002(4)(a), F.A.C.
Failing to promptly report the following changes to a funeral establishment: change of location.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
131
Section 497.380(12)(c), F.S.
Failing to promptly report the following changes to a funeral establishment: change of funeral director in charge.
Notice of non-compliance.
Citation of $500.
132
Florida Statutes § 497.380(14)
Failure of a funeral establishment to display at the public entrance the name of the establishment and the name of the full-time funeral director in charge.
Notice of non-compliance.
Citation of $500.
133
Florida Statutes § 497.380(14)
Failure of a funeral establishment to conduct business under its licensed name.
Notice of non-compliance.
Reprimand, fine of $1,000-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
134
Section 497.380(15)(a)-(b), F.S.
Failure of a funeral establishment to display the following: name of the establishment, name of the funeral director in charge, and recent photograph of each licensee within 6 years.
Notice of non-compliance.
Citation of $200.
135
Sections 497.380(15)(a)-(b) and
497.604(10), F.S.
Fl. Admin. Code R. 69K-21.005
Failure to properly display current license and other documents, or make them readily available, as set out in the rule.
Notice of non-compliance.
Citation of $200.
136
Florida Statutes § 497.381(4)
Conducting at-need solicitation.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
137
Florida Statutes § 497.382
Subsections
69K-20.001(2) and (3), F.A.C.
Failure to properly complete, retain, and make available for review the monthly reports of cases embalmed or bodies handled.
Notice of non-compliance.
Citation of $200.
138
Florida Statutes § 497.384(1)
Failure to require the physical presence of a licensed funeral director at the disinterment and reinterment of human remains (unless the reinterment is to be made in the same cemetery).
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
139
Florida Statutes § 497.384(3)
Failure of a funeral director to obtain written authorization from a legally authorized person or a court of competent jurisdiction prior to the disinterment and reinterment of a dead human body0
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
140
Section 497.385(1)(g)1.-2., F.S.
Failure of a removal service, or refrigeration facility to notify the Division of a change of ownership or location.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
141
Section 497.385(1)(h), F.S.
Having a person who was identified on the application for licensure of a removal service or refrigeration facility, convicted, found guilty, or who has entered a plea of nolo contendere to a crime related to their field of practice.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
142
Section 497.385(1)(i), F.S.
Failure of removal service or a refrigeration facility to properly display the required information; or, failure of these entities to transact business under the name to which they were licensed.
Notice of non-compliance.
Citation of $500.
143
Section 497.385(2)(a), F.S.
Fl. Admin. Code R. 69K-24.042
Failure of a centralized embalming facility to have all necessary equipment in the preparation room.
Notice of non-compliance.
Reprimand, fine of $2,000-$3,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
144
Section 497.385(2)(b), F.S.
Failure of a centralized embalming facility to have a full-time embalmer in charge.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
145
Section 497.385(2)(d), F.S.
Failure of a centralized embalming facility to restrict its services to funeral establishments.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
146
Section 497.385(2)(e), F.S.
Failure of a centralized embalming facility to have a licensed embalmer doing the embalmings.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
147
Section 497.385(2)(g), (i), F.S.
Failure of a centralized embalming facility to notify the Division of a change in ownership or location.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
148
Florida Statutes § 497.386(1)
Licensee stored human remains at an improper location.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
149
Florida Statutes § 497.386(2)
Failing to properly refrigerate human remains.
Reprimand, fine of $500-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
150
Florida Statutes § 497.386(3)
Failing to comply with section requiring that transported human remains must be placed in a container adequate to prevent seepage of fluids and offensive odors, and must be accompanied by a burial transit permit.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
151
Florida Statutes § 497.386(4)
Paragraph
69K-33.001(2)(c), F.A.C.
Failing to comply with section requiring that dead human bodies must be transported or stored completely covered and at all times treated with dignity and respect.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
152
Florida Statutes § 497.387
Removing or embalming human remains in cases indicating crime or violence without the permission of a medical examiner or other lawfully authorized official.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
153
Fl. Admin. Code R. 69K-6.007
Failing to receive proper authorization before performing a burial, interment, entombment, or inurnment
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
154
Fl. Admin. Code R. 69K-6.008
Failure of the cemetery company to ensure that all interments, except cremated remains, shall be covered by at least 12 inches of soil where physically possible, unless prior approval is obtained from the family or next of kin.
Notice of non-compliance.
Reprimand, fine of $500-$1,000 plus costs. In addition, probation for up to 2 years with conditions may be imposed.
155
Fl. Admin. Code R. 69K-7.001
Remittance of less than 100% and more than 90% of the amounts required to be deposited to the Care and Maintenance Trust Fund shall be considered a MINOR violation of this section.
Notice of non-compliance.
Notice of non-compliance.
156
Fl. Admin. Code R. 69K-7.001
Remitting less than 90% of the amounts required to be deposited to the Care and Maintenance Trust Fund shall be considered a NON-MINOR violation of this section.
Reprimand, fine of $250-$1,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
Reprimand, fine of $1,000-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
157
Fl. Admin. Code R. 69K-7.005
Where a performance bond is given to the department in lieu of the payments provided by Florida Statutes § 497.272(3), and the cemetery company sells spaces in a mausoleum or below-ground crypt prior to the delivery of the bond to the department and receipt of acceptance by the cemetery or its agent.
Reprimand, fine of $2,000-$3,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
Reprimand, fine of $3,500-$5,000 plus costs. In addition, probation for up to 3 years with conditions, suspension up to 3 years, or permanent revocation of license may be imposed.
158
Paragraph
69K-21.002(4)(c), F.A.C.
Failure to notify the department, at least 10 days prior to the event, that major alterations or modifications are made in the physical structure of a funeral establishment.
Notice of non-compliance.
Reprimand, fine of $250-$1,000 plus costs. In addition, probation for up to 2 years with conditions or suspension up to 2 years may be imposed.
159
Paragraph
69K-21.003(3)(a)-(g), F.A.C.
Failure of a funeral establishment to comply with the provisions of this rule.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
160
Subsection
69K-21.003(7), F.A.C.
Failure to meet the requirements of Fl. Admin. Code Chapter 64E-16, and to maintain prep room in a clean and sanitary manner.
Notice of non-compliance.
Reprimand, fine of $1,000-$3,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
161
Subsection
69K-21.003(9), F.A.C.
Failure of a funeral establishment to display casket prices where caskets are located.
Notice of non-compliance.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for up to 3 years with conditions or suspension up to 3 years may be imposed.
162
Fl. Admin. Code R. 69K-21.006
Failure of a funeral establishment to retain all copies of signed at need and preneed contracts and written agreements used in making final arrangements for at least 2 years after such final disposition.
Notice of non-compliance.
Citation of $200.
163
Rule
69K-21.007, F.A.C.
Failure of a full-time funeral director in charge of a funeral establishment to make sure that a licensed funeral director is reasonably available to the public during normal business hours for that establishment.
Notice of non-compliance.
Reprimand, fine of $250-$500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
164
Rule
69K-21.008, F.A.C.
Failure to notify the board office within 20 days of any change in the funeral director in charge (FDIC).
Notice of non-compliance.
Citation of $500.
165
Rule
69K-29.001, F.A.C.
Engaging in false, fraudulent, deceptive, or misleading advertising.
Reprimand, fine of $500-$2,000 plus costs. In addition, probation for 6 months to 1 year with conditions may be imposed.
Reprimand, fine of $2,000-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
166
Rule
69K-33.001, F.A.C.
Failure of a funeral establishment to follow requirements for handling and storing human remains.
Reprimand, fine of $500-$2,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 3 years with conditions, suspension up to 3 years, or permanent revocation of license may be imposed.
PRENEED SALES
167
Section 497.452(1)(a), F.S.
Selling or offering to sell a preneed contract without a preneed license.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, permanent revocation of license, and/or restitution may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, permanent revocation of license, and/or restitution may be imposed.
168
Section 497.452(1)(b), F.S.
Selling, advertising to sell, or making an arrangement for services, merchandise, or burial rights on a preneed basis without the licensure required to sell at-need.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, permanent revocation of license, and/or restitution may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, permanent revocation of license, and/or restitution may be imposed.
169
Section 497.452(2)(a), F.S.
Accepting funds for payment of a preneed contract without holding a preneed license.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, permanent revocation of license, and/or restitution may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, permanent revocation of license, and/or restitution may be imposed.
170
Sections 497.453(6) and 497.456(2), F.S.
Fl. Admin. Code R. 69K-10.003
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.
Notice of non-compliance.
Notice of non-compliance.
171
Section 497.453(6) and
497.456(2), F.S.
Fl. Admin. Code R. 69K-10.003
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), F.S. shall be considered a NON-MINOR violation of this section or rule.
Reprimand, fine of $250-$1,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
Reprimand, fine of $1,000-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
172
Section 497.453(7)(a), F.S.
Failure of cemetery, preneed sales, or monument establishment to register a branch name for common business enterprise.
Notice of non-compliance.
Citation of $200.
173
Florida Statutes § 497.453(8)
Failure of a preneed licensee to file a full and true statement of a trust’s activities on or before April of each year.
Citation of $200, if corrected.
Reprimand, fine of up to $1,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
174
Florida Statutes § 497.454
Subsections
69K-6.0054(1) and
69K-6.0054(5), F.A.C.
Failing to have preneed contracts and related forms filed with and approved by the board, as required by section.
Reprimand, fine of $500-$1,000 plus costs. In addition, probation for 6 months to 1 year with conditions may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for 1 year to 2 years with conditions may be imposed.
175
Florida Statutes § 497.4555
Failure of a preneed licensee to disclose charges for processing, filing, and archiving the contract on its standard printed price list and other disclosure information provided to a purchaser.
Notice of non-compliance.
Citation of $400.
176
Florida Statutes § 497.456(11)
Using the consumer protection trust fund as an inducement for purchasing a preneed contract.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
177
Section 497.458(1)(a), F.S.
Remittance of less than 100% and more than 90% of the proper amounts required to be deposited to a trust fund by a preneed licensee shall be considered a MINOR violation of this section.
Notice of non-compliance.
Notice of non-compliance.
178
Section 497.458(1)(a), F.S.
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), F.S. shall be considered a NON-MINOR violation of this section.
Reprimand, fine of $250-$1,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
Reprimand, fine of $1,000-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
179
Section 497.458(1)(c), F.S.
Failure of a preneed licensee to make the proper deposit within 30 days after the end of the month in which payment is received.
Reprimand, fine of $250-$1,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
Reprimand, fine of $1,000-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
180
Section 497.458(1)(f), F.S.
Failure to keep the deposited funds in trust, except for authorized costs for operating the trust or trust account.
Reprimand, fine of $2,000-$3,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
Reprimand, fine of $3,500-$5,000 plus costs. In addition, probation for up to 3 years with conditions, suspension up to 3 years, or permanent revocation of license may be imposed.
181
Florida Statutes § 497.459
Failing, without reasonable justification, to honor cancellations and to issue refunds as provided in sections.
Reprimand, fine of $250-$1,000 plus costs. In addition, probation for up to 1 year with conditions, suspension up to 1 year, and/or restitution may be imposed.
Reprimand, fine of $1,000-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, permanent revocation of license and/or restitution may be imposed.
182
Florida Statutes § 497.459(3)
Subsection
69K-6.0054(4), F.A.C.
Use a preneed contract which does not contain the required disclosures (unless the contract is approved by the board).
Reprimand, fine of $500-$1,000 plus costs. In addition, probation for 6 months to 1 year with conditions may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for 1 year to 2 years with conditions may be imposed.
183
Florida Statutes § 497.459(5)
Failure of a preneed licensee to return specified funds after default by purchaser and after notice by licensee.
Reprimand, fine of $250-$1,000 plus costs. In addition, probation for up to 1 year with conditions, suspension up to 1 year, permanent revocation of license and/or restitution may be imposed.
Reprimand, fine of $1,000-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, permanent revocation of license and/or restitution may be imposed.
184
Section 497.459(6)(d), F.S.
Failure of a preneed licensee to make timely refunds after cancellation of contract.
Reprimand, fine of $250-$1,000 plus costs. In addition, probation for up to 1 year with conditions, suspension up to 1 year, permanent revocation of license and/or restitution may be imposed.
Reprimand, fine of $1,000-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, permanent revocation of license and/or restitution may be imposed.
185
Florida Statutes § 497.460
Failing to honor the preneed contract cancellation request by the heirs of a contract purchaser as provided in section.
Reprimand, fine of $250-$1,000 plus costs. In addition, probation for up to 1 year with conditions, suspension up to 1 year, and/or restitution may be imposed.
Reprimand, fine of $1,000-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, permanent revocation of license and/or restitution may be imposed.
186
Section 497.462(1)(c), F.S.
Failure of a preneed licensee to properly and timely file the report used to determine the amount of a surety bond if that is used in place of trust fund deposits.
Notice of non-compliance.
Citation of $500.
187
Florida Statutes § 497.465(2)
Failure of a preneed license, upon becoming inactive, to cease all preneed sales to the public or failure to deposit into the trust all funds received on or after the date on which it becomes inactive.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, permanent revocation of license, and/or restitution may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, permanent revocation of license, and/or restitution may be imposed.
188
Florida Statutes § 497.466(1)
Failure of a person to secure a preneed license who offers or who executes preneed contracts, unless exempt from licensure.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, permanent revocation of license, and/or restitution may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, permanent revocation of license, and/or restitution may be imposed.
189
Section 497.466(7)(g)1.-6., F.S.
Failure of a preneed licensee or a preneed sales agent licensee to terminate an appointment in the manner prescribed herein.
Notice of non-compliance.
Citation of $200.
190
Florida Statutes § 497.467
Failure of a person engaged in preneed sales of funeral or burial merchandise to notify a purchaser in writing that the merchandise will be accepted in the cemetery of the purchaser’s choice.
Notice of non-compliance.
Citation of $200.
191
Florida Statutes § 497.468(1)
A preneed licensee providing inaccurate information by telephone upon request, regarding retail prices of burial merchandise and services.
Reprimand, fine of $250-$500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $1,000-$3,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
192
Florida Statutes § 497.468(2)
A preneed licensee failing to fully disclose all services or merchandise prior to selection.
Reprimand, fine of $250-$1,000 plus costs. In addition, probation for 6 months to 1 year with conditions or suspension up to 1 year may be imposed.
Reprimand, fine of $1,000-$3,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
193
Florida Statutes § 497.468(3)
A preneed licensee making false or misleading statements as to the necessity of casket or outer burial container.
Reprimand, fine of $250-$500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $1,000-$3,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
194
Florida Statutes § 497.468(4)
A preneed licensee failing to provide a good faith estimate of all fees and costs the customer will incur.
Reprimand, fine of $250-$1,000 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., F.S. may be imposed.
Reprimand, fine of $1,000-$3,500 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., F.S. may be imposed.
195
Florida Statutes § 497.468(5)
Subsection
69K-6.0054(1) and
69K-6.0054(4), F.A.C.
A preneed licensee failing to provide to the customer a written contract containing required information which has previously been approved.
Reprimand, fine of $500-$1,000 plus costs. In addition, probation for 6 months to 1 year with conditions may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for 1 year to 2 years with conditions may be imposed.
196
Florida Statutes § 497.468(6)
Subsections
69K-6.0054(1) and
69K-6.0054(4), F.A.C.
A preneed licensee failing to provide the licensee’s policy on cancellations and refunds to each customer (unless the contract is approved by the board).
Citation of $200.
Citation of $400.
197
Sections
497.468(7)(a)-(f), F.S.
Subsections
69K-6.0054(1) and
69K-6.0054(4), F.A.C.
A preneed licensee failing to provide certain information on a signature page, and/or failing to provide that information in a correct type size (unless the contract is approved by the board).
Citation of $200.
Citation of $400.
198
Sections
497.468(8), F.S.
Subsections
69K-6.0054(1) and 69K-6.0054(4), F.A.C.
A preneed licensee failing to display the Division’s brochure.
Notice of non-compliance.
Citation of $200.
199
Florida Statutes § 497.468(9)
Subsections
69K-6.0054(1) and
69K-6.0054(4), F.A.C.
A preneed licensee failing to provide each customer a complete description of any monument or marker.
Citation of $200.
Citation of $400.
200
Fl. Admin. Code R. 69K-7.006
Failure of a preneed licensee to compile prior to July 1 of each year, a list including the wholesale purchase price for each item of merchandise the licensee will offer for the next 12 months.
Notice of non-compliance.
Citation of $500.
201
Fl. Admin. Code R. 69K-7.007
Failure to account for and maintain merchandise trust funds in accordance with this rule.
Notice of non-compliance.
Citation of $500.
202
Fl. Admin. Code R. 69K-7.008
Failure of a preneed licensee to take reasonable steps to evaluate the income derived from a contract.
Notice of non-compliance.
Citation of $200.
203
Fl. Admin. Code R. 69K-7.022
Failure of a preneed licensee to maintain documentation supporting fulfillment of a contract until such records are examined by the department.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
MONUMENT ESTABLISHMENT
204
Florida Statutes § 497.550(1)
Conducting, maintaining, managing, or operating a monument establishment unless the monument establishment is licensed.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
205
Florida Statutes § 497.552
Failure of a monument establishment to maintain a full-service place of business at a specific street address or location and comply with the requirement set out in section.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
206
Florida Statutes § 497.553(3)
Failure of monument establishment to have written procedures for the receipt, investigation and disposition of customer complaints or failure of staff to follow such procedures.
Reprimand, fine of $500-$1,000 plus costs. In addition, probation for 6 months to 1 year with conditions may be imposed.
Reprimand, fine of $1,000-$3,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
207
Florida Statutes § 497.553(4)
Failure of monument establishment to maintain records of written complaints, in the manner described, for inspection by the department.
Notice of non-compliance.
Citation of $200.
208
Florida Statutes § 497.553(5)
Failure of monument establishment to deliver and install a purchased monument or marker by the date agreed in the sales agreement, unless the agreed date has been extended in writing by the customer.
Reprimand, fine of $500-$1,000 plus costs. In addition, probation for up to 2 years with conditions or suspension up to 2 years may be imposed.
Reprimand, fine of $1,000-$3,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
209
Florida Statutes § 497.554(1)
Selling monuments, markers, or related products for a monument establishment without being licensed as a monument establishment sales agent.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
210
Florida Statutes § 497.554(6)
Selling monuments, markers, and related products on a preneed basis for a monument establishment without obtaining authorization as a preneed sales agent.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
CREMATION, CREMATORIES, AND DIRECT DISPOSITION
211
Florida Statutes § 497.601(2)
Direct disposers or funeral directors functioning as direct disposers shall not sell, conduct, or arrange for burials, funeral services, memorial services, visitations, or viewings and hold themselves out to the public as funeral directors, or represent themselves or advertise in a manner that connotes that they are funeral directors.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
212
Florida Statutes § 497.602(1)
Any person, other than a licensed funeral director, who engages in direct disposition without being licensed as a direct disposer.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
213
Florida Statutes § 497.604(1)
Opening or maintaining an establishment to engage in direct disposition without such establishment being licensed pursuant to this section.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
214
Florida Statutes § 497.604(7)
Failure of a direct disposer to provide notice prior to any change in location.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
215
Florida Statutes § 497.604(7)
Failure of a direct disposer to provide notice prior to any change in control of the licensee.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
216
Florida Statutes § 497.604(7)
Failure of a direct disposer to provide notice prior to any change in the licensed person in charge of the licensee’s operation.
Notice of non-compliance.
Citation of $500.
217
Section 497.604(8)(a), F.S.
Failure of a direct disposal establishment to have one full time licensed funeral director acting as the direct disposer in charge, unless the direct disposer meets the listed requirements as of September 30, 2010.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
218
Section 497.604(8)(b), F.S.
Failure of a licensed funeral director or licensed direct disposer in charge of a direct disposal establishment to be reasonably available to the public during its normal business hours; or failure to be in charge of only one disposal establishment.
Notice of non-compliance.
Citation of $200.
219
Section 497.604(9)(b), F.S.
Practicing direct disposition at a fixed location of less than 625 interior contiguous square feet or failure to properly refrigerate and store dead human bodies handled and stored.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
220
Section 497.604(9)(d), F.S.
Failure of a direct disposal establishment to display at the public entrance the name of the establishment and the name of the licensed direct disposer or licensed funeral director in charge of the establishment.
Notice of non-compliance.
Citation of $500.
221
Section 497.604(9)(d), F.S.
Failure of a direct disposal establishment to transact business under its licensed name.
Notice of non-compliance.
Reprimand, fine of $1,000-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
222
Section 497.604(9)(f), F.S.
Failure of a direct disposal establishment to retain all signed contracts for at least 2 years.
Notice of non-compliance.
Citation of $200.
223
Sections 497.604(10)(a)-(b), F.S.
Failure of a direct disposer, direct disposer establishment, or funeral director acting as a direct disposer, to properly display required information; or, failure of a licensee to affix a photograph of the licensee taken within the previous six years to each displayed license.
Notice of non-compliance.
Citation of $200.
224
Florida Statutes § 497.606(1)
A person conducting, maintaining, managing, or operating a cinerator facility which is not licensed and in good standing.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
225
Florida Statutes § 497.606(7)
Failure of a cinerator facility to obtain prior approval before commencing operation at a new location.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
226
Florida Statutes § 497.606(8)
Failure of a cinerator facility to have one full-time licensed direct disposer or licensed funeral director in charge of the facility.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
227
Section 497.606(9)(b), F.S.
Placing more than one dead human body in a retort at one time, unless written permission has been received from a legally authorized person for each body.
Reprimand, fine of $2,000-$3,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
Reprimand, fine of $3,500-$5,000 plus costs. In addition, probation for up to 3 years with conditions, suspension up to 3 years, or permanent revocation of license may be imposed.
228
Section 497.606(9)(d), F.S.
Receiving other than dead human bodies for cremation; not medical, hazardous or biohazardous waste for disposal in a retort.
Reprimand, fine of $500-$1,500 plus costs.
Reprimand, fine of $1,500-$2,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
229
Section 497.606(9)(e), F.S.
Failing to display at its public entrance the name of the facility and the name of the person responsible for the facility.
Notice of non-compliance.
Citation of $500.
230
Section 497.606(9)(e), F.S.
Failing to transact business under its licensed name.
Notice of non-compliance.
Reprimand, fine of $1,000-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
231
Section 497.606(9)(f), F.S.
Having a direct disposer in charge of a cinerator facility when it is located at the same address as a funeral establishment.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
232
Section 497.606(9)(g), F.S.
Placing human remains or body parts in a retort or cremation chamber, unless the human remains are in an alternative container, cremation container, or casket.
Reprimand, fine up to $1,500 plus costs.
Reprimand, fine up to $2,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
233
Section 497.606(9)(h), F.S.
Using alternative containers, cremation containers or caskets for cremation that do not comply with all requirements of this paragraph.
Reprimand, fine up to $1,500 plus costs.
Reprimand, fine up to $2,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
234
Florida Statutes § 497.607(1)
Performing a cremation without written authorization from a legally authorized person.
Reprimand, fine of $2,000-$3,500 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
Reprimand, fine of $3,500-$5,000 plus costs. In addition, probation for up to 3 years with conditions, suspension up to 3 years, or permanent revocation of license may be imposed.
235
Florida Statutes § 497.607(1)
Failing to perform a cremation within 48 hours after a specified time which has been agreed to in writing by the person authorizing the cremation.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
236
Section 497.607(3)(b), F.S.
Disposing of cremated remains without making a reasonable effort to determine whether the cremated remains are those of a veteran of the United States Armed Forces, United States Reserve Forces, or National Guard eligible for burial in a national cemetery or a spouse or dependent child of a veteran eligible for same.
Reprimand, fine of $200-$500 plus costs. In addition, probation for up to 1 year with conditions.
Reprimand, fine of $500-$1,000 plus costs. In addition, probation for up to 3 years with conditions, suspension up to 3 years, or permanent revocation of license may be imposed.
237
Section 497.607(3)(c), F.S.
If unclaimed cremated remains are those of an eligible veteran or the spouse or dependent child of an eligible veteran, failing to arrange for the interment of the cremated remains in a national cemetery.
Reprimand, fine of $200-$500 plus costs. In addition, probation for up to 1 year with conditions.
Reprimand, fine of $500-$1,000 plus costs. In addition, probation for up to 3 years with conditions, suspension up to 3 years, or permanent revocation of license may be imposed.
238
Florida Statutes § 497.608(2)
Failing to establish written procedures for the removal of cremated remains resulting from the cremation of a human body and the post cremation processing, shipping, packing, or identifying of those remains.
Notice of non-compliance.
Citation of $200.
239
Subsection 497.608(4), F.A.C.
Failing to provide a copy of the procedures used by the cinerator facility, upon request, to customers and their representatives, the department, and other legally authorized persons.
Notice of non-compliance.
Citation of $250.
240
Fl. Admin. Code R. 69K-12.003
Failure of a monument establishment to receive approval by the board of its retail sales agreement prior to use.
Reprimand, fine of $500-$1,000 plus costs. In addition, probation for 6 months to 1 year with conditions may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for 1 year to 2 years with conditions may be imposed.
241
Fl. Admin. Code R. 69K-12.004
Failure of a monument establishment to use a sales agreement that contains all of the requirements of this rule (unless the contract is approved by the board).
Reprimand, fine of $500-$1,000 plus costs. In addition, probation for 6 months to 1 year with conditions may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for 1 year to 2 years with conditions may be imposed.
242
Subsection
69K-20.001(3), F.A.C.
Failure to complete monthly reports of cases embalmed or bodies handled.
Notice of non-compliance.
Citation of $200.
243
Fl. Admin. Code R. 69K-22.001
Failure of a cinerator facility to obtain a cinerator facility license prior to being operated or opening for business.
Reprimand, fine of $1,000-$2,500 plus costs. In addition, probation for 6 months to 1 year with conditions, suspension up to 1 year, or permanent revocation of license may be imposed.
Reprimand, fine of $2,500-$5,000 plus costs. In addition, probation for up to 2 years with conditions, suspension up to 2 years, or permanent revocation of license may be imposed.
244
Subsection
69K-22.003(5), F.A.C.
Failure of a cinerator facility to notify the board office of a name change within 30 days.
Notice of non-compliance.
Citation of $500.
245
Subsection
69K-23.004(9), F.A.C.
Failure of a direct disposer to notify the board office of a name change within 30 days.
Notice of non-compliance.
Citation of $500.
Rulemaking Authority 497.103, 497.154 FS. Law Implemented 497.152, 497.154 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, Amended 1-1-19.