This rulemaking adds new ss. (11) to existing rule 69K-1.005. The new subsection provides procedures by which applicants for licensure under chapter 497 may demonstrate that they meet the education requirements of that chapter. This proposed rule ...

 

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 adds new ss. (11) to existing Rule 69K-1.005, F.A.C. The new subsection provides procedures by which applicants for licensure under Chapter 497, F.S., may demonstrate that they meet the education requirements of that chapter. This proposed rule was approved by the Board of Funeral, Cemetery, and Consumer Services at its monthly meeting on 12-2-2010.
SUMMARY: The new rule subsection specifies the material to be provided to establish poof of current enrollment in a required course, or proof of completion of a required course, or proof of award of college degree. In addition, the proposed new subsection provides procedures to be followed where the educational records are no longer available from the school or college.
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 Division estimates that it will take the typical affected person 30 minutes to obtain the documentation required by the rule. If the value of the affected person's time is set at $15 per hour, the cost per affected person is $7.50; times an estimated 100 affected persons per year = $750 per year; times 5 years = $3,750.
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(2), (12)(g) FS.
LAW IMPLEMENTED: 120.60, 497.103(2), 497.141, 497.167(9), (13), 497.370(2); 497.373(1)(d), (e); 497.374(1)(b)2., (c); 497.375(1)(b); 497.602(3)(b), (c) 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. 7, 2012, 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 48 hours before the workshop/meeting by contacting: LaTonya Bryant-Parker, at [phone], 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 (10) are unchanged.

(11) PROOF OF SATISFYING EDUCATIONAL REQUIREMENTS.  This rule section specifies procedures for use by licensure applicants to establish that they have satisfied educational requirements for licensure imposed pursuant to Chapter 497, F.S. 

(a)  PROOF OF CURRENT ENROLLMENT.  An applicant for licensure who pursuant to chapter 497, FS, is subject to a licensure pre-requisite of being currently enrolled in a specified course of study, shall submit with their application proof of current enrollment complying with (a) or (b) below:

1.  An official academic transcript issued by the college or university conducting the course of study, identifying the applicant by name, stating the name of the course, showing applicant as enrolled in the course, and showing on the transcript an as-of date concerning the information shown in the transcript.  No such transcript shall be accepted as proof of current enrollment unless the transcript shows an as-of date that is within 45 days of the date the application for licensure is received by the Division.

2.  A certificate of enrollment issued by the college or university conducting the course, signed by an employee or faculty member of the college or university, naming the course enrolled in, stating that applicant is enrolled in the course as of the date the certificate is issued, and showing the date on which the certificate is issued.  No such certificate shall be accepted as proof of current enrollment unless the certificate was issued within 45 days of the date the application for licensure is received by the Division.

(b)  PROOF OF COMPLETION OF A COURSE.  An applicant for licensure who pursuant to Chapter 497, F.S, is subject to a licensure pre-requisite of having completed a specified course of study, shall submit with their application for such licensure proof of completion of the required course of study consisting of:

1.  An original academic transcript issued by the college or university conducting the course of study, identifying the applicant by name, stating the name of the course completed, and the date completed; or

2.  An original certificate of course completion issued by the college or university conducting the course, signed by an employee or faculty member of the college or university, identifying the applicant by name, stating the name of the course completed, and the date completed..

(c)  PROOF OF AWARD OF COLLEGE DEGREE.  An applicant for licensure who pursuant to Chapter 497, F.S, is subject to a licensure pre-requisite of having been awarded a college degree, shall submit with their application for such licensure proof of award of the degree in the form of an original academic transcript issued by the college or university awarding the degree,  identifying the applicant by name, the courses taken, major area of study, degree awarded, and date degree awarded.

(d)  EDUCATIONAL RECORDS NO LONGER AVAILABLE. 

1.  If an applicant shall assert that he or she has fulfilled the educational requirements for licensure but that he or she is unable through no fault of their own to obtain a required academic transcript, certificate of completion, or other required records, the applicant shall submit with their application for license their signed, dated, written statement concerning the matter.  The written statement shall:

a.  Identify the name and address of the person or entity that provided the education. 

b.  State why the applicant is unable to provide the required transcript, certificate, or other record.

c.  Describe in as much detail as the applicant can recall or obtain, the education they received.

2.  The applicant shall attach to the written statements all educational and other records the applicant has or can obtain, that support the applicant’s assertion that they have satisfied the education requirements of Section 497.373 or 497,374, F.S., as applicable.

3.  The applicant shall attach any written, signed statements by any persons who corroborate or otherwise support applicant’s assertions or who can provide other information in support of applicant’s assertions.

4.  The Division shall conduct such investigation of the applicant’s assertions as the Division deems appropriate.

5.  The Board shall review the application, written statements, and attachments, and other pertinent materials.  The application for license shall be denied unless there is clear and convincing evidence that the applicant received an education complying with the applicable requirements of Sections. 497.373, 497.374, F.S.

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

NAME OF PERSON ORIGINATING PROPOSED RULE: Douglas Shropshire, as Executive Director for the 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 2, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 17, 2012