Florida Administrative Code
69 - DEPARTMENT OF FINANCIAL SERVICES
69K - Division of Funeral, Cemetery, and Consumer Services
Chapter 69K-23 - DIRECT DISPOSER - EXAMINATION AND APPLICATION
Section 69K-23.004 - Direct Disposal Establishments

Universal Citation: FL Admin Code R 69K-23.004

Current through Reg. 50, No. 187; September 24, 2024

(1) At least thirty (30) days before the beginning of operation, a direct disposal establishment owner shall apply to the Department on a form provided by the Department for approval. Information to be provided shall include the correct street address, all telephone numbers and any Post Office box numbers. The owner shall also provide the name of the establishment.

(2) Prior to the issuance and renewal of its license a direct disposal establishment shall be approved by the Department if upon inspection by the Department it is shown that:

(a) There is available to the establishment adequate refrigerated storage space at a temperature of 40 degrees F or below for the average daily number of bodies stored;

(b) There are suitable containers available, including both cardboard boxes and airtight containers; and

(c) At least one licensed direct disposer is available at all times.

(d) The establishment shall be at a fixed, non-residential location in a building owned or leased by the direct disposer.

(e) The establishment shall be at least 625 square feet in size.

(f) If the establishment does not itself provide removal services, refrigeration facilities or cinerator facilities at or from its physical location address (profile location), upon application for registration, the establishment shall provide copies of its contracts with a removal service, refrigeration facility, retort or any appropriate combination thereof, located within 75 miles of the establishment's profile location.

(3) A direct disposal establishment shall be inspected by the Department under the following circumstances, and the Department shall be notified by the owner of the establishment at least 10 days before paragraph (a) or (b) occur:

(a) When a direct disposal establishment moves to a new location;

(b) When ownership of a direct disposal establishment is changed or otherwise transferred; and

(c) When a consumer complaint is made regarding a specific direct disposal establishment.

(4) There shall be one full-time registered direct disposer in charge at each establishment.

(5) In the event that the registered direct disposer in charge of establishment leaves the employ of that business, the owner shall notify the Department within twenty (20) days of the separation and shall identify the registered direct disposer who will be responsible for the establishment. Such notification shall consist of a statement signed by the new direct disposer in charge and the owner, and shall contain the name of the former direct disposer in charge, their registration numbers, the registration number of the direct disposal facility, and the date the change became effective.

(6) The biennial renewal fee for direct disposal establishments shall be $400.

(7) There shall be an annual inspection fee of $225 for each direct disposal establishment.

(8) A late renewal penalty fee of fifty dollars ($50.00) shall be paid. This fee is owed when due, and failure to make payment will be a violation of this rule which will be cause to deny any subsequent applications for licensure pursuant to Chapter 497, F.S.

(9) In the event that a licensed establishment changes its licensed business name, the Board office shall be notified within 30 days. Such notification shall include legal documentation of the name change as well as a $25.00 duplicate license fee and the original license. A duplicate license, reflecting the new business name will be generated, upon receipt of the original license and completion of these requirements. Documentation submitted will remain in the Department's possession.

Rulemaking Authority 497.103, 497.140, 497.604 FS. Law Implemented 497.140, 497.604 FS.

New 2-13-80, Amended 11-8-82, 8-16-83, Formerly 21J-23.04, Amended 6-5-90, Formerly 21J-23.004, Amended 4-10-94, 9-17-97, 1-4-98, 2-16-98, 5-17-98, 2-17-00, 6-14-00, 11-20-00, Formerly 61G8-23.004, Amended 5-19-09.

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