Section 69K-6.003 - Cemetery By-laws(1) Any by-laws which had been submitted to the Department of Banking and Finance and approved prior to the effective date of Chapter 93-389, Laws of Florida (September 30, 1999), shall remain in full force and effect so long as such by-laws do not conflict with the provisions of Chapter 497, F.S., or the rules promulgated thereto.(2) A cemetery company which seeks to amend its existing by-laws need only submit to the Board of Funeral, Cemetery, and Consumer Services the amendments thereto and those sections of the by-laws which are affected by such amendments.(3) Upon receipt of a set of proposed by-laws or amendments thereto, the Department shall publish notice of the filing of such by-laws or amendments thereto in the Florida Administrative Register and a newspaper of general circulation in the county in which the applicant cemetery is located, so that substantially affected parties may file comments. A period of thirty days for such comments shall be provided.(4) Upon receipt of proposed by-laws or amendments thereto and any comments thereon provided by the published notice, the Executive Director of the Board of Funeral, Cemetery, and Consumer Services shall provide the cemetery and the substantially affected persons with an informal conference in accordance with the Pamphlet for Cemetery By-Law Approval, Form DFS-BYLAW1, which is incorporated by reference in Rule 69K-1.001, F.A.C. Within fifteen (15) days after the conclusion of the informal conference, the Executive Director shall forward a recommendation to the Board and give notice to all affected persons that filed written comments of the time and place when the Board of Funeral, Cemetery, and Consumer Services will consider the proposed by-laws or amendments thereto.(5) If the by-laws or amendments thereto are approved by the Board of Funeral, Cemetery, and Consumer Services, a notice shall be published in the Florida Administrative Register announcing the approval and the date the approval will become effective. The notice shall inform substantially affected parties who object to the by-laws that they may request a hearing in accordance to Chapter 120, F.S.Fla. Admin. Code Ann. R. 69K-6.003
Rulemaking Authority 497.103(1)(u), (5)(a), 497.161(1)(c) FS. Law Implemented 497.273 FS.
New 11-2-78, Formerly 3D-30.23, 3D-30.023, Amended 7-27-99, Formerly 3F-6.003, Amended 12-27-11.New 11-2-78, Formerly 3D-30.23, 3D-30.023, Amended 7-27-99, Formerly 3F-6.003, Amended 12-27-11.