10-7-24

Board Meeting Cancelled

Due to concerns regarding the potential impact of Hurricane Milton, the videoconference meeting of the Board of Funeral, Cemetery, and Consumer Services scheduled for October 10, 2024, is canceled. The items previously scheduled for October will be moved to the November 7, 2024, Board meeting. Information on how to attend the November 7^th videoconference meeting is available under “Upcoming Board Meetings” found at https://www.myfloridacfo.com/division/funeralcemetery/board.

Information on preparing for hurricanes and tropical storms is also available in Recent News below in an article dated 8/2/2024.

10/4/2024

BOARD OF FUNERAL, CEMETERY AND CONSUMER SERVICES

8/2/2024

REGARDING PREPARATIONS FOR HURRICANES AND TROPICAL STORMS

The following information is provided in preparation for hurricanes and tropical storms.  As often happens with these storms, many Florida counties will be impacted with wind and/or flooding issues.  In anticipation of inclement weather resulting from this or future storms, we want to remind our licensees of the following. 

1. Hurricane preparation and aftermath information

State, county, and city governments provide a lot of information on preparing for natural disasters, including hurricanes.  One great resource is found at the Department of Financial Services’ website at:  https://myfloridacfo.com/Division/Consumers/storm/.  You may also wish to visit https://www.floridadisaster.org/ for more information regarding general hurricane preparedness, including emergency planning for businesses at https://www.floridadisaster.org/business/planning-for-businesses/.  These sites also provide helpful information on filing claims and other issues that may arise after a storm.

2. Power outages

If you have a refrigeration unit, and your facility or unit is damaged or otherwise inoperable due to a hurricane or other natural disaster, please consider the following options:

• Contact another local funeral establishment (or other licensed establishment that has a refrigeration unit) to see if it might have space available; or
• Contact your local county emergency management.  Your county emergency management will coordinate with the state’s emergency management team or others as may be necessary to assist you.  Contact information for the Emergency Management team in each county is found at:  www.floridadisaster.org/counties.

3. E-filing of Death Certificate Notices

At this time, the Electronic Death Registration System (EDRS) is not expected to be impacted by any storms.  We recognize, however, that your accessibility to the system may be limited due to power outages in your own areas.  You should print several blank copies of its death certificate form (DH512), fetal death form (DH428), and burial transit permit (DH326) in preparation for possible power outages and downtime.

The Bureau of Vital Statistics Helpdesk (1-866-295-5902) has advised that it is available: M - F 8am - 6pm, and Sat 9am - 2pm ET. Their Quality Assurance unit is also available at 904-359-6900 ext. 9020 and you may reach Ken Jones at 904-359-6900 ext. 1001.

4. Hurricane Follow-up

Following a hurricane, Division staff will be calling the licensed establishments in the impacted areas to obtain information on any power outage issues, building damages, etc., and determine if there are any needs with which we can assist.  If your establishment has refrigeration/storage space available at that time, please let our staff know so that they can share that information with other licensees in the area who may need that type of assistance.

5. Division of Funeral, Cemetery, and Consumer Services’ Offices

Division office closures will depend upon the path, duration, and impact of any storm.  If you have attempted to reach the Division at its main line (850-413-3039 or toll free in Florida at 1-800-323-2627) without success, please leave a message.  Division staff will return your call as soon as possible following the storm.

CHANGES TO CHAPTER 497, FLORIDA STATUTES, RESULTING FROM THE 2024 LEGISLATION

On May 2, 2024, Governor DeSantis signed the Chief Financial Officer’s agency bill, HB989, into law.  The bill contained several changes to chapter 497, Florida Statutes, all of which became effective on May 2^nd when the Governor approved the bill.  Full information on the bill, including the complete bill text, may be found at: https://www.flsenate.gov/Session/Bill/2024/989.

Summarized, the changes to chapter 497, Florida Statutes, include the following:

Section 497.101, F.S., regarding the Board of Funeral, Cemetery, and Consumer Services:

• The Chief Financial Officer, rather than the Governor, will appoint Board members.
• Board members may be reappointed but are now limited to serving no more than eight consecutive years.
• Board members are specifically held subject to the code of ethics under part III of chapter 112, Florida Statutes.  Under these provisions:
  • Board members cannot vote on measures for their private gain or loss.
  • A board member may not knowingly accept gifts or expenditures from entities under consideration for a contract or licensed by DFS.

    Sections 497.153 and 497.155, F.S., regarding service of process of Administrative Complaints and/or Citations:  In certain circumstances, these documents may be served on a licensee by e-mail, delivery receipt required, sent to the most recent e-mail address provided by the licensee to the Division.

    Section 497.172, F.S., regarding examinations, inspections, and investigations: In circumstances in which an emergency order has been issued pursuant to section 497.156, F.S., documents typically considered confidential and exempt may now, upon request, be disclosed to the public.

    Section 497.386, F.S., regarding the storage, preservation, and transportation of human remains:

• In the event of an emergency situation, the Department may enter a licensed establishment and/or certain other listed facilities, secure the establishment, and remove any human remains and cremated remains found therein. A licensee who accepts the transfer of those remains is not liable for their condition at the time of transfer.
• Unless the body is embalmed, holding a body over 24 hours after death without refrigeration (at 40 degrees Fahrenheit or below) is now a third-degree felony.

Section 497.469, F.S., is a newly created statute regarding the fulfillment of preneed contracts. 

Unexpectedly, there appears to be some confusion concerning this newly created statute.  Since about 1997, rule 69K-7.022, Florida Administrative Code, has set out the documentary and other requirements for a preneed licensee to obtain payment from its preneed trust fund upon the fulfillment of a preneed contract.  As a result of recent legal actions involving fraudulent activities in the collection of trust funds by a licensee, a decision was made to make the requirements statutory.  The newly created section 497.469 is almost (but not quite) identical to the rule that has been followed for so many years.  The primary difference between the referenced rule and the new statute is that it is no longer acceptable for most preneed licensees to submit, as the only evidence of contract fulfillment and entitlement to trust proceeds, a certification signed by its officers, etc., stating that the merchandise was delivered and/or services performed.

The new statute in effect provides that at least one of the following documents is required for a preneed licensee to obtain funds from its preneed trust account upon fulfillment of a preneed contract.

1. A certified copy of the death certificate;
2. An invoice for merchandise which reflects the name of the purchaser or beneficiary and the contract number;
3. An acknowledgement signed by the purchaser or legally authorized person, acknowledging that the merchandise was delivered or services performed; or
4. A burial permit or other documentation provided to a governmental agency.

For purposes of fulfillment of a preneed cemetery contract, however, the new statute allows a certification signed by an officer, manager, or designee to substitute for the above listed evidence that is otherwise required. 

Please refer to the actual language of the new statute for further details.  

The requirements set out in the new statute replace those in rule 69K-7.022, Florida Administrative Code.  As a result of this new statute, it is anticipated that the referenced rule will be repealed.