Fla. Admin. Code Ann. R. 69K-12.001 - Installation of Monuments

(1) A cemetery shall require that any person engaged in the retail sale of monuments or monument services who wishes to install, place, set, or inscribe a monument shall provide the cemetery with proof that the person has a valid license with the Department. If a cemetery wishes to require proof that a monument dealer or builder has obtained all necessary local or occupational licenses, then the cemetery shall require such an affirmative representation in the application between the cemetery and the monument dealer or builder.

(2) Pursuant to section 497.273(3), F.S., a cemetery may adopt bylaws setting forth minimum standards for monuments installed in the cemetery which can include the style and size of a monument or its foundation, the content and material of which the monument and/or foundation is to be constructed, the locations or gardens in which different monuments may be installed, the manner of installation of either a flat or upright monument, the specific location on the grave for the installation of either flat or upright monuments, the requirements for the removal and replacement of monuments in the path that any installation equipment must take to install a specific monument, and the clean-up necessary after installation. In all cases, the cemetery must comply with its own minimum standards. Nothing in this rule shall be construed to allow a cemetery to have exclusive rights to monument construction or installation within the cemetery or any part of the cemetery, except for inscriptions in community mausoleums.

(3) Pursuant to sections 497.273(3) and 497.555, F.S., all cemeteries shall permit during normal business hours licensed monument establishments to install, inscribe or repair a monument, marker or private mausoleum. Cemeteries may adopt bylaws to establish minimum standards for access. These minimum standards shall not unreasonably restrict access to the cemetery grounds, the method of transporting burial merchandise to the burial space, or increase the cost to the owner of interment or burial rights. In all cases, monument establishments and cemeteries shall comply with these minimum standards.

(4) As the cemetery is the only entity holding the records of the ownership of the burial (interment) rights it may require that a person prior to delivering a monument for installation in the cemetery shall submit an application to the cemetery showing the foundation, design, style, size and material of the monument to be installed. If required by the cemetery, the application shall include a scaled sketch of the monument showing the lettering, the family name, the location of the first names of the deceased and/or others, dates and any other items planned to be a part of the monument. If the application does not meet the minimum standards for burial merchandise and installation thereof, the cemetery shall contact the monument establishment within five (5) working days with a written notice of non-compliance. If the cemetery does not do so, the application will be deemed to be approved. The cemetery shall require the written approval of the owner(s) of the burial (interment) rights and legally authorized person which shall be on the application form submitted by the monument establishment prior to scheduling installation.

(5) The cemetery is the scheduling agent for all activities conducted within the cemetery. The scheduling of burials takes priority over all other activities. The cemetery shall schedule the installation of a monument within two (2) working days of the date requested by the installing person provided all the proper authorizations and other requirements have been delivered to and approved by the cemetery. The time of installation must be set so that the installation and the clean up can be accomplished prior to the normal closing time of the cemetery. The foregoing shall be subject to change by the cemetery in the event it received notification of a death of an owner of burial rights located in such a location that the installation of the monument would interfere with the burial.

(6) In the event a burial is taking place and in the determination of the cemetery the installation of a monument will be considered an interference with the burial, the installing persons shall be required by the cemetery to withdraw until the funeral being conducted has concluded and those in attendance have left the cemetery at which time the installation of the monument may be continued.

(7) Prior to the initiation of the monument installation the cemetery shall mark the place on the grave where the monument is to be installed by placing a flag, or other marker, thereon. Nothing in this rule is intended to imply or require that a cemetery shall have to lay out or engineer a grave site for the installation of a monument. If the cemetery is requested by the monument installer to engineer the grave site, the fee for such service shall be disclosed on the cemetery's price list.

(8) After installation, the cemetery shall inspect the installation. If the installation is improper and not in compliance with the cemetery's minimum standards, the installing person shall be notified in writing postmarked within five (5) working days after installation of the manner in which the installation is not in compliance and the installing person shall have 15 days from the date of notification, in which to make the correction. In the event that the correction is not made within the said 15 days, the cemetery has the right to correct the installation and charge the installing person a reasonable charge for making the correction. A monument establishment shall be responsible for the reasonable cost of repairs needed to repair damages to property in the cemetery caused by the monument establishment's operations in the cemetery.

(9) The cemetery shall not be liable for improper installation of monuments not installed by the cemetery.

(10) Nothing in this rule shall be construed as requiring a cemetery to replace stolen monuments or portions thereof, or to replace or repair monuments that are damaged due to vandalism or other causes beyond the cemetery's control.

(11) A cemetery shall not require any person or firm that installs, places, or sets a monument to obtain any form of insurance, bond, or surety or make any form of pledge, deposit, or monetary guarantee as a condition for entry on or access to cemetery property.

(12) In the event that the cemetery has approved a monument sketch or made written representations to the monument establishment which is not according to the records of the cemetery, the cemetery shall be solely responsible to correct or replace the monument.

Notes

Fla. Admin. Code Ann. R. 69K-12.001

Rulemaking Authority 497.103 FS. Law Implemented 497.273(3), 497.278, 497.550, 497.555 FS.

New 1-24-95, Formerly 3F-12.001, Amended 10-12-09.

New 1-24-95, Formerly 3F-12.001, Amended 10-12-09.