Florida Administrative Code
69 - DEPARTMENT OF FINANCIAL SERVICES
69K - Division of Funeral, Cemetery, and Consumer Services
Chapter 69K-6 - PRACTICE AND PROCEDURES
Section 69K-6.007 - Criteria for Burial; Disinterment; Reinterment

Universal Citation: FL Admin Code R 69K-6.007

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

(1) A cemetery shall not perform a burial, interment, entombment, or inurnment, until it has received proper authorization. Such authorization shall consist of the following:

(a) An original completed burial transit permit;

(b) An authorization, in writing, on forms precribed by the cemetery, from the individual(s) who own the burial rights for the burial space in which the burial is to take place; and

(c) An authorization, in writing, according to either cemetery by-laws or written operating procedures of the cemetery, from the individual or individuals who, at the time the interment is to be made, have the right to authorize the burial of the decedent.

(2) The cemetery may charge such burial storage fees, opening and closing fees and removal and reinstallation monument fees as are set forth on the cemetery's Price Disclosure Sheet effective at the time of providing the service, unless the monument is removed and re-installed by a registered monument installation establishment.

(3) The disinterment and reinterment of human remains shall require the physical presence of a licensed funeral director, unless the reinterment is to be made in the same cemetery.

(4) A cemetery shall not be required to perform a disinterment until it has received proper authorization. Such authorization shall consist of the following:

(a) All required permits;

(b) Written authorization from the individual or individuals who currently own the burial (interment) rights for the burial space from which the disinterment of the decedent is to take place; and

(c) Written authorization from the individual(s) who, at the time the disinterment is to be made, would be permitted to authorize the burial of the decedent.

(5) Unless the cemetery is provided with all of the documentation, the cemetery shall not perform the disinterment unless and until it receives a court order instructing it to do so.

(6) The removal of human remains from a designated temporary storage area to a place of permanent burial shall not be considered a disinterment or reinterment.

(7) The cemetery may charge such transfer fees, disinterment fees, opening and closing fees and monument removal and reinstallment fees as set forth on the cemetery's Price Disclosure Sheet in effect at the time the service is provided, unless the monument is removed and reinstalled by a registered monument installing establishment.

Rulemaking Authority 497.103(1)(n), (5)(a), 497.161(1)(c), 497.384(2) FS. Law Implemented 497.273(1)(b), 497.276(1), 497.277(1), 497.278, 497.384 FS.

New 3-21-95, Amended 2-25-98, Formerly 3F-6.007, Amended 1-12-04.

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