Fla. Admin. Code Ann. R. 69K-100.040 - Funeral Director Affiliation With Funeral Establishment

(1) This rule implements section 497.372(2), F.S., providing that the board shall adopt by rule criteria for determining whether the required affiliation exists between a funeral director and a funeral establishment, through the funeral director's ownership of, employment by, or contractual relationship with, a funeral establishment. The criteria listed below shall determine whether the required affiliation exists.

(2) OWNERSHIP. A funeral director who asserts affiliation with a funeral establishment by ownership of such funeral establishment, shall, upon request of the Division of Funeral, Cemetery, and Consumer Services (Division) demonstrate such ownership by:

(a) Being named as owner or principal of the funeral establishment licensee in the funeral establishment's application for funeral establishment license in the records of the Division;

(b) Being named as owner or principal of the funeral establishment licensee in an application for approval of change in ownership of the funeral establishment in the records of the Division;

(c) Providing an executed contract for sale, or bill of sale, or other executed legal document showing the purchase of an ownership interest in the funeral establishment by the funeral director; or

(d) Providing executed articles of incorporation, partnership agreement, or limited liability company formation or operating agreement, showing the funeral director as incorporator, member, partner, or principal in the entity that owns or controls the funeral establishment.

(3) EMPLOYMENT. A funeral director who asserts affiliation with a funeral establishment by employment by that funeral establishment, shall upon request by the Division demonstrate such employment by:

(a) Providing a written employment agreement between the funeral director and the funeral establishment, executed by the funeral director and the funeral establishment prior to the funeral director providing services to the funeral establishment during the period of the asserted employment; or

(b) Providing documentary evidence that the funeral establishment has paid federal Insurance Contributions Act (FICA) tax in regard to gross compensation of the funeral director by the funeral establishment for the period of the asserted employment,

(4) CONTRACTUAL RELATIONSHIP. A funeral director who asserts affiliation with a funeral establishment by contractual relationship with the funeral establishment, shall upon request by the Division demonstrate such contractual relationship by:

Providing a copy of a written contract between the funeral director and the funeral establishment, calling for the funeral director to provide services on behalf of the funeral establishment, upon request. The contract shall be dated and executed by the funeral director and the funeral establishment.

Notes

Fla. Admin. Code Ann. R. 69K-100.040

Rulemaking Authority 497.372(2), 497.103(1), (5) FS. Law implemented 497.372 FS.

New 10-16-13.

New 10-16-13.