Cemetery License Requirements

How does Florida regulate and authorize licenses?   

A “license” to regulate professions and occupations means any permit, registration, certificate, or license issued in Florida. An occupational license is a privilege accorded by the state or its subdivisions to conduct a business at a particular location and is not a property right protected by substantive due process; the denial of such license does not prevent the business owner from pursuing a lawful occupation but merely stops the business from operating at a particular location. Ammons v. Okeechobee County, 710 So. 2d 641 (Fla. 4th DCA 1998).  

On July 1, 2021, the Florida Legislature passed Section 163.211 into law, which prevents any county, municipality, or other political subdivision of Florida from implementing additional licensing requirements for most occupations. Therefore, a prospective applicant only needs to satisfy state statutory requirements. 

Need help receiving, renewing, or defending your license? Schedule your consultation today with a top administrative law and licensing attorney.  

Which laws and regulations apply to cemetery licenses in Florida?  

In Florida, the regulation of cemetery licenses falls under the jurisdiction of the Florida Department of Financial Services, Division of Funeral, Cemetery, and Consumer Services. The governing laws are in Chapter 497 of the Florida Statutes, specifically Part III: Cemetery Act which focuses on cemetery licenses and related regulations. 

Apart from Florida Statutes, cemetery licensees must adhere to the Florida Administrative Code (FAC), with Rule 69K-24 providing the detailed regulatory framework for cemetery companies. This Rule addresses various aspects of cemetery operations, such as pre-construction approval, maintenance standards, trust fund requirements, and sale of burial rights. 

What are the application and retention requirements for cemetery licenses in Florida? 

Application Requirements:

To obtain a cemetery license in Florida, applicants must fulfill specific criteria outlined in the Florida Statutes and F.A.C. First, the applicant must submit a completed application form to the Division of Funeral, Cemetery, and Consumer Services, accompanied by a non-refundable application fee.  

Moreover, the applicant must establish a care and maintenance trust fund, as required by Section 497.267. This trust fund ensures the cemetery’s perpetual care and maintenance, with minimum funding requirements outlined in the Statute. 

Additionally, the applicant must submit proof of ownership or legal control over the land designated for cemetery use, meeting the minimum acreage requirements specified in Section 497.262. 

Retention Requirements: 

Upon earning their license, licensees must adhere to specific retention requirements to maintain their license. For instance, the licensee must comply with annual reporting obligations, including financial reporting and trust fund reporting, as prescribed in Section 497.276 and Rule 69K-24.003 of the FAC. Additionally, licensees must ensure proper care, maintenance, and adherence to state regulations regarding burial rights sales, trust funds management, and cemetery operations.  

Per Rule 69K-24, licensees must maintain accurate records of all interments, entombments, inurnments, and exhumations. Therefore, upon request, these records should be available for inspection by the Division of Funeral, Cemetery, and Consumer Services. 

Cemetery licensees must also ensure the proper handling and management of trust funds. Management responsibilities include submitting annual trust fund reports to the Division and complying with all trust fund investment and disbursement requirements. 

Furthermore, cemetery licensees should adhere to maintenance standards established in Rule 69K-24. Maintenance ensures that the cemetery grounds are well-maintained, gravesites are properly marked, and necessary repairs are promptly carried out. 

Finally, failure to comply with the laws and regulations can result in fines, penalties, or even revocation of the cemetery license, as stated in Section 497.152. Thus, cemetery licensees must remain vigilant in maintaining compliance with all applicable laws and regulations to ensure the successful operation of their cemetery business. 

To determine whether you meet the requirements for a cemetery license, please contact our office to set up your initial consultation. 

Can the DFS’s license decision be appealed?  

Yes, an adverse license decision made by the DFS is appealable. The authority for appealing such decisions comes from the Florida Administrative Procedure Act (APA), Chapter 120 of the Florida Statutes. The APA establishes the framework for challenging agency actions, such as licensing decisions, through administrative hearings and judicial review. The right to appeal derives from Florida Statutes §120.569 and §120.57.  

If an applicant or licensee receives an adverse decision from the DFS, they may request an administrative hearing to challenge it. The request for a hearing must be submitted within the timeframe specified in the agency’s notice, which is generally 15 days from the date of the notice, as provided in Section 120.569(2)(a), Florida Statutes. 

The administrative hearing process commences with submitting a petition for a hearing to the agency. The petition must comply with the requirements outlined in Rule 28-106.201, Florida Administrative Code. If the petitioner qualifies for an administrative hearing, the case is referred to the Division of Administrative Hearings (DOAH) and assigned to an administrative law judge (ALJ). 

The ALJ conducts the hearing, like a trial, with both parties presenting evidence and testimony. After the hearing, the ALJ issues a recommended order, which includes findings of fact, conclusions of law, and a recommendation for a final decision. The DFS then reviews the recommended order and issues a final order, either adopting, modifying, or rejecting the ALJ’s recommendations. 

Suppose the petitioner is unsatisfied with the DFS’s final order. In that case, they can seek judicial review by filing a notice of appeal with the appropriate District Court of Appeal, as provided in Section 120.68, Florida Statutes. The court reviews the case to determine if the agency’s decision follows from competent, substantial evidence and complies with the law. 

Have more questions about a professional licensing-related situation?  

Crucially, this overview of cemetery licenses does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances. 

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively. 

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain a tireless advocate every step of the way. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant. 

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to set up a consultation.