Last November, my wife and I went to Royal Palm Cemetery in St. Petersburg to visit the grave of my parents. We discovered the columbarium bench, a stone box that is above ground and houses urns that contain cremated remains, had been destroyed. The nameplate with my parents' names and states carved on it had been broken in half and was collapsed. Of course, seeing this as we drove up was quite startling and I became quite concerned.
Fortunately, the urns were intact. However, the inside of the bench contained a large amount of dried grass clippings, leading me to believe that it had been damaged for some time without anyone contacting me and/or removing the urns for safekeeping. Because the memorial is visible from the main entrance, it was hard for me to believe the cemetery personnel had not seen it.
We took the urns home. Two days later, we met with Tracy from the cemetery office. She said the front plate would be replaced, but said it would take up to three months. Sometime later, I told her we would be moving the bench to another cemetery as I no longer felt good about having it at Royal Palm. I told her Royal Palm should pay for the move. I also told her that my brothers and I wanted the base replaced as it had been damaged by careless grounds maintenance.
She said vandals might have caused the damage and that it might be covered under homeowners insurance. I told her I was not interested in that scenario. It was not vandalism; it was a lawn mower. She said she would talk to someone about my concerns and get back to me. She also said the owner, Cliff, had already put $700 into this problem and would probably do no more, as the only way to replace the bottom was to get a new bench.
I have tried, unsuccessfully, to talk to Cliff. Although the carving, which was finally completed, is acceptable, the buffing that was to fix the base is not. At this time, all I want is for the owners of Royal Palm Cemetery to give my parents the dignity and service they deserve. I am asking that Royal Palm, because of its negligence and the emotional distress this situation has caused my family, do whatever is necessary to restore the columbarium bench to its original condition and absorb the cost of moving the bench to the new cemetery. Robert Blain
Response: Cliff Work, president of Work & Son Inc. in Tampa, which owns Royal Palm Cemetery in St. Petersburg, among others, said your parents' marble cremation bench was vandalized and he does not dispute that the engraved front plate was kicked in. He also agreed that the base of the bench had sustained minor mower damage, which had caused chipping around the outer edge.
However, according to the rules and regulations that govern cemeteries in Florida, the cemetery is not responsible for memorials that are damaged by vandals (Rule 6.55). Nor is it responsible for theft or damage, unless caused by the cemetery (Rule 6.04). Furthermore, Work said Rule 6.03 states that memorials are not the property of the cemetery and thus cannot be insured. Finally, perpetual care excludes repair or maintenance on memorials, with the exception of installation adjustments (Rule 7.02).
In this instance, Work said that Royal Palm by law was only responsible for replacing the base on the bench, at a cost of approximately $150 to $200, not the vandalized front plate. You were made aware of this, he said, although the agreement was that Royal Palm would get you a new faceplate, have it engraved, and grind, buff and bleach (repair) the base at no cost to you. This procedure cost the cemetery approximately $700, he said.
Work said Royal Palm Cemetery went above and beyond what was required by law to appease you. If you feel you are owed compensation from emotional distress caused by circumstances beyond the cemetery's control, vandalism, he suggests you consult an lawyer . He did not return your phone calls, he said, because he felt you were trying to take advantage of a situation in which he had already been more than generous. What should have been done from the beginning was for the cemetery to replace the base only and you to file a claim with your insurance for the vandalism. Work said no further actions will be taken on Royal Palm's part.
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