The proposed rule amendment is intended to modify, clarify and update the language as needed.

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Funeral, Cemetery, and Consumer Services

RULE NO.:RULE TITLE:

69K-17.003Fees.

PURPOSE AND EFFECT: The proposed rule amendment is intended to modify, clarify and update the language as needed.

SUMMARY: The proposed rule amendment is intended to modify, clarify and update language regarding fees.

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, 497.140, 497.378, 497.379 FS.

LAW IMPLEMENTED: 497.140, 497.368, 497.373, 497.378, 497.379, 497.603 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-17.003 Fees.

(1) Licenses and registrations shall be renewed in accordance with the rules of the Department.

(2) The following biennial active status fees are prescribed by the Board:

(a) Biennial active status fee for license of embalmer shall be $375.

(b) Biennial active status fee for license of funeral director shall be $375.

(c) Biennial active status fee for license renewal of funeral director/embalmer shall be $375.

(3) Unless exempt, pPersons initially licensed in the first year of the biennial period shall pay the full fees as established in subsection 69K-17.003(2), F.A.C., in addition to the examination fees as established in rule 69K-17.003, F.A.C.

(4) Unless exempt, pPersons initially licensed in the second year of the biennial period shall pay fees of one-half (50%) of the fees established in subsection 69K-17.003(2), F.A.C., in addition to the examination fees as established in rule 69K-17.003, F.A.C.

(5) Renewal of an inactive license for an embalmer, funeral director or direct disposer shall be subject to a fee of $375. Renewal of an inactive license for funeral director/embalmer shall be subject to a fee of $375.

(6) In the event that a licensee or registrant changes name, legal documentation must be submitted to the Board office. A fee of $25.00 will be required, in addition to the return of the original license. A duplicate license, reflecting the new name will be generated, upon receipt of the original license and completion of these requirements. Documentation submitted will remain in the Department’s possession.

(7) The fee for each duplicate license shall be $25.00. To obtain a duplicate license, a licensee or registrant must file a signed statement with the Department that the license has been lost, stolen, or destroyed and pay the duplicate license fee to the Department. Upon receipt of such notification and payment of the fee, the Department shall generate a duplicate license.

(8) The fee for initial registration as a continuing education course provider shall be $200.

(9) The fee for renewal of previously approved continuing education providers shall be $200.

(10) Unless exempt, tThe Department shall impose, in addition to all other fees, a special fee of $5.00, upon each initial license or registration, and renewal thereof, to fund efforts to combat the unlicensed practice of funeral directing and embalming and the unlicensed operation of funeral establishments.

(11) Unless exempt, tThe fee for a temporary license shall be fifty dollars ($50).

(12) Unless exempt, tThe fees for provisional licenses shall be as follows:

(a) For a funeral director – $50.00.

(b) For an embalmer – $50.00.

(13) Exemptions. A member of the United States Armed Forces, such member’s spouse, and a veteran of the United States Armed Forces who separated from service within 2 years preceding the application for licensure are exempt from the following fees:

(a) Unlicensed activity fee associated with initial licensure.

(b) Burial rights broker – initial license fee.

(c) Direct disposer – application fee.

(d) Embalmer – application fee.

(e) Embalmer apprentice – licensure fee.

(f) Embalmer by endorsement – application fee.

(g) Embalmer intern – application fee.

(h) Embalmer provisional – application fee and initial provisional licensure fee.

(i) Embalmer temporary – initial issuance fee.

(j) Funeral director – application fee.

(k) Funeral director by endorsement – application fee.

(l) Funeral director intern – application fee.

(m) Funeral director provisional – initial provisional licensure fee.

(n) Funeral director temporary – initial issuance fee.

(o) Monument establishment sales agent – application fee.

(p) Preneed – application fee when applying as an individual.

(q) Preneed sales agent – application fee.

The military record must show such member is currently in good standing or such veteran was honorably discharged.

Rulemaking Authority 497.103, 497.140, 497.378, 497.379 FS. Law Implemented 497.140, 497.368, 497.373, 497.378, 497.379, 497.603 FS. History–New 11-11-79, Amended 8-18-82, 4-10-84, Formerly 21J-17.03, Amended 3-10-91, 11-15-92, Formerly 21J-17.003, Amended 4-10-94, 1-10-95, 5-1-96, 9-10-96, 10-13-97, 1-4-98, 2-16-98, 10-12-98, 11-11-99, Formerly 61G8-17.003, Amended 5-19-09,          .

 

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 4, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 19, 2018