To clarify that human remains have to be completely covered immediately before exiting the place of removal.

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Funeral, Cemetery, and Consumer Services

RULE NO.:RULE TITLE:

69K-33.001Requirements Regarding Handling and Storing of Human Remains

PURPOSE AND EFFECT: To clarify that human remains have to be completely covered immediately before exiting the place of removal.

SUMMARY: Removal, transport and storage of human remains.

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, based upon the expertise and experience of its members, and the substance of the rule amendment, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary because the rule does not impose additional rights, obligations, or duties on any persons or any businesses, 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(1)(n), 497.386(4) FS.

LAW IMPLEMENTED: 497.386(4) 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: Ellen Simon, Assistant Director, Division of Funeral, Cemetery, and Consumer Services, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0361, [phone], Ellen [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69K-33.001 Requirements Regarding Handling and Storing of Human Remains.

(1) No change.

(2)(a) All human remains in the possession of a Chapter 497, F.S., licensee shall be refrigerated at 40 degrees Fahrenheit or below commencing 24 hours after death, unless the remains have by then been embalmed.

(b) No change.

(c) Human remains shall be kept completely covered immediately prior to exiting the place of removal and completely covered while being transported and stored while being removed or transported from the place of death to an establishment or facility licensed under Chapter 497, F.S.

(d) through (i) No change.

Rulemaking Authority 497.103(1)(n), 497.386(4) FS. Law Implemented 497.386(4) FS. History–New 2-28-02, Formerly 61G8-33.001, Amended 8-5-13,                              .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ellen Simon, Assistant Director, Division of Funeral, Cemetery, and Consumer Services, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0361, [phone], Ellen [e-mail].

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 5, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 19, 2017