This rulemaking action implements s. 497.167(10), Florida Statutes. Pursuant to authority vested in the Board of Funeral, Cemetery and Consumer Services under s. 497.167(10), the Board has determined license application processing procedures under ...

 

DEPARTMENT OF FINANCIAL SERVICES
Division of Funeral, Cemetery, and Consumer Services

RULE NO.: RULE TITLE:
69K-1.005: Licensure Application Procedures
PURPOSE AND EFFECT: This rulemaking action implements s. 497.167(10), Florida Statutes. Pursuant to authority vested in the Board of Funeral, Cemetery and Consumer Services under s. 497.167(10), the Board has determined license application processing procedures under which certain specified categories of license applications identified in the rule are not required to come before the Board, and may, under conditions specified in the proposed rule, be approved by the Division of Funeral, Cemetery and Consumer Services. This proposed rule was approved by the Board of Funeral, Cemetery, and Consumer Services at its monthly meeting on 10-4-12.
SUMMARY: Specified categories of license applications are not required to come before the Board, and may be approved by the Division of Funeral, Cemetery and Consumer Services.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The proposed rule will have only a beneficial effect, by reducing the time it gets to get licensed for the great majority of applicants in the specified categories. By speeding up the licensing process, applicants will be able to begin earning income under the license issued, at an earlier time than is currently the case. The proposed rule will not result in any new or increased costs on applicants or consumers.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 497.103(2), (5)(b), 497.141(12)(g), 497.167(10) FS.
LAW IMPLEMENTED: 120.60, 497.103(2), 497.141, 497.167(9) and (10), (13) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: March 19, 2013, at 9:00 a.m.
PLACE: Room 332, Pepper Building, 111 W. Madison Street, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: LaTonya Bryant-Parker, at 850-413-4957, or by email at [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Douglas Shropshire, Executive Director, Board of Funeral, Cemetery, and Consumer Services, Division of Funeral, Cemetery, and Consumer Services, Department of Financial Services, 200 East Gaines Street, Tallahassee, FL 32399-0361; [phone]; [e-mail]. Direct any request for a hearing to Mr. Shropshire.

THE FULL TEXT OF THE PROPOSED RULE IS:

69K-1.005 Licensure Application Procedures

(1) through (11) No change.

(12) (a) This subsection applies only to license applications for the following categories of licensure:

1. Embalmer apprentice

2. Embalmer intern

3. Funeral director intern

4. Funeral director & embalmer intern

5. Embalmer

6. Funeral director

7. Funeral director & embalmer

8. Direct disposers

9. Training facilities

(b) If the Division finds that an applicant for licensure in any of the license categories listed in subsection (12)(a) has no criminal history required to be reported pursuant to Chapter 497, and has never had disciplinary action taken in Florida or any other state against any funeral, cemetery, or other deathcare industry license held by the applicant, then such applicant and application shall not be required to appear before the Board, and the Division may approve and issue the license applied if and when the Division determines that the application is complete and the applicant meets all applicable requirements for the license applied for.  Provided, the Division shall not approve any application as to which the applicant has a criminal history or a disciplinary record;  all such applications shall be presented to the Board with the Division's recommendation, for decision by the Board.  The Division shall not deny any license application; all applications which the Division believes should be denied pursuant to applicable statutes and rules, shall be presented to the Board with the Division's recommendation, for decision by the Board.  The Division shall at each monthly meeting provide the Board with an informational list showing the name of each applicant approved by the Division pursuant to this subsection (12), and the type of license.

Rulemaking Authority 497.103(2), (5)(b), 497.141(12)(g), 497.167(10) FS. Law Implemented 120.60, 497.103(2), 497.141, 497.167(9) and (10), (13) FS. History–New 10-13-09.

NAME OF PERSON ORIGINATING PROPOSED RULE: Douglas Shropshire, Director, Division of Funeral, Cemetery, and Consumer Services, on behalf of the Board of Funeral, Cemetery, and Consumer Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Funeral, Cemetery, and Consumer Services, under Ch. 497, F.S.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 04, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 9, 2012