In response to an inquiry by the Joint Administrative Procedures Committee, the Board is amending these rules to resolve the discrepancy between the effective dates of the two forms as they appear in these rules and in Rule 69K-1.001, F.A.C. Both of ...

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

RULE NO.: RULE TITLE:
69K-6.003: Cemetery By-laws
69K-6.0052: Examination Work Papers
PURPOSE AND EFFECT: In response to an inquiry by the Joint Administrative Procedures Committee, the Board is amending these rules to resolve the discrepancy between the effective dates of the two forms as they appear in these rules and in Rule 69K-1.001, F.A.C. Both of these forms were most recently incorporated by reference in Rule 69K-1.001, F.A.C., with an effective date of 10/06 and these rules are being amended to reflect the correct effective date and title.
SUMMARY: The rules are being amended to reflect the correct effective date and title of two forms that are incorporated by reference.
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: Knowledge and experience of Department staff.
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)(u), (5)(a), 497.276(3) FS.
LAW IMPLEMENTED: 497.268, 497.272, 497.273, 497.276, 497.458, 497.464 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: November 1, 2011, 10:00 a.m.
PLACE: Room 336J, Pepper Building, 111 W. Madison Street, Tallahassee, FL
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 [phone] or [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: Doug Shropshire, Executive Director, Board of Funeral, Cemetery, and Consumer Services, 200 E. Gaines Street, Tallahassee, FL 32399-0361, [phone] or [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

69K-6.003 Cemetery By-laws.

(1) through (3) No change.

(4) Upon receipt of proposed by-laws or amendments thereto and any comments thereon provided by the published notice, the Executive Director of the Board of Funeral, Cemetery, and Consumer Services shall provide the cemetery and the substantially affected persons with an informal conference in accordance with the Pamphlet for Cemetery By-Law Approval, Form DFS-BYLAW1 effected June 1, 1999, which is hereby incorporated by reference in Rule 69K-1.001, F.A.C. and available by mail from the Department of Financial Services, Division of Funeral, Cemetery, and Consumer Services, 200 East Gaines Street, Tallahassee, Florida 32399-0361. Within fifteen (15) days after the conclusion of the informal conference, the Executive Director shall forward a recommendation to the Board and give notice to all affected persons that filed written comments of the time and place when the Board of Funeral, Cemetery, and Consumer Services will consider the proposed by-laws or amendments thereto.

(5) No change.

Rulemaking Specific Authority 497.103(1)(u), (5)(a) FS. Law Implemented 497.273 FS. History–New 11-2-78, Formerly 3D-30.23, 3D-30.023, Amended 7-27-99, Formerly 3F-6.003, Amended______.

 

69K-6.0052 Examination Work Papers.

(1) through (3) No change.

(4) Work papers that are not substantially similar in form to Examination Workpapers, Form DFS-EW-1, effective January 1, 1999, which is hereby incorporated by reference in Rule 69K-1.001, F.A.C., shall be submitted for approval to the Bureau Chief of the Division of Funeral, Cemetery, and Consumer Services, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0361. Such format shall have a reasonable audit trail that can be followed.

(5) through (6) No change.

Rulemaking Specific Authority 497.103(1)(u), (5)(a), 497.276(3) FS. Law Implemented 497.268, 497.272, 497.276, 497.458, 497.464 FS. History–New 8-16-98, Amended 1-1-99, Formerly 3F-6.0052,  Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Doug Shropshire, Executive Director, 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: April 17, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 2, 2011