The Board proposes a rule amendment to clarify the rule as a result of statutory changes.

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Funeral, Cemetery, and Consumer Services

RULE NO.:RULE TITLE:

69K-21.001Licensure Procedure; Consequences of Operating Prior to Licensure.

PURPOSE AND EFFECT: The Board proposes a rule amendment to clarify the rule as a result of statutory changes.

SUMMARY: The proposed rule amendment updates and clarifies the rule as a result of statutory changes.

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 not 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: During discussion of the economic impact of this rule at its Board meeting, the Board concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

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, 497.380 FS.

LAW IMPLEMENTED: 497.380 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mary Schwantes, Division Director, Board of Funeral, Cemetery, and Consumer Services, 200 East Gaines Street, Tallahassee, Florida 32399-0361.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

69K-21.001 Licensure Procedure; Consequences of Operating Prior to Licensure.

Applications for funeral establishment licensure shall be filed with the Department at least 30 days prior to the date the establishment is scheduled to open for business.

(1) No change.

(2) Each application shall include the name of the full-time funeral director in charge. The individual so designated shall not be the full-time funeral director in charge of any other funeral establishment or the sole qualifying direct disposer in charge of a direct disposal establishment.

(3) Through (4) No change.

Rulemaking Authority 497.103, 497.380 FS. Law Implemented 497.380 FS. History–New 2-13-80, Amended 3-26-84, Formerly 21J-21.01, Amended 10-21-91, Formerly 21J-21.001, Amended 2-17-00, Formerly 61G8-21.001,____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Funeral, Cemetery, and Consumer Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Funeral, Cemetery, and Consumer Services

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 5, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 3, 2019