The proposed new rule establishes the definition and criteria for Licensure by Military Experience; Funeral Directors, Embalmers, and Direct Disposers; Licensure Renewals of Spouses of Armed Forces Members.

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Funeral, Cemetery, and Consumer Services

RULE NO.:RULE TITLE:

69K-25.0025Licensure by Military Experience; Funeral Directors, Embalmers, and Direct Disposers; Licensure Renewals of Spouses of Armed Forces Members

PURPOSE AND EFFECT: The proposed new rule establishes the definition and criteria for Licensure by Military Experience; Funeral Directors, Embalmers, and Direct Disposers; Licensure Renewals of Spouses of Armed Forces Members.

SUMMARY: This is a new rule setting forth the definition and criteria for Licensure by Military Experience; Funeral Directors, Embalmers, and Direct Disposers; Licensure Renewals of Spouses of Armed Forces Members.

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, 497.168, 497.393, 497.602(4) FS.

LAW IMPLEMENTED: 497.168, 497.393, 497.602(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-25.0025 Licensure by Military Experience; Funeral Directors, Embalmers, and Direct Disposers; Licensure Renewals of Spouses of Armed Forces Members.

(1) 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 the 2 years preceding application for licensure whose appointed duties in the military is/was to act as a mortician or mortuary specialist, is eligible for licensure as a funeral director if the following are submitted:

(a) Proof of an associate’s degree in mortuary science from a school or college approved by the American Board of Funeral Service Education or by the Board of Funeral, Cemetery, and Consumer Services;

(b) Either proof of passing the Arts section of the national board examination administered by the International Conference of Funeral Service Examining Boards with a score of at least 75% on all sections of the examination, or proof of passing a funeral director examination administered by a licensing authority of another state;

(c) Proof of having had the appointed duties of a mortician or mortuary specialist in the military;

(d) Proof of successful completion of the Florida Laws & Rules examination; and

(e) A copy of a military identification card, military dependent identification card, military service record, military personnel file, veteran record, discharge paper, or separation document that indicates such member is currently in good standing or such veteran was honorably discharged.

(2) 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 the 2 years preceding application for licensure whose appointed duties in the military is/was to act as a mortician or mortuary specialist, is eligible for licensure as an embalmer if the following are submitted:

(a) Proof of successful completion of a course, embracing at least the subjects specified in section 497.368(1)(d), (e), F.S., at a school or college approved by the American Board of Funeral Service Education or by the Board of Funeral, Cemetery, and Consumer Services;

(b) Either proof of passing the science section of the national board examination administered by the International Conference of Funeral Service Examining Boards with a score of at least 75% on all sections of the examination, or proof of passing an embalmer examination administered by a licensing authority of another state;

(c) Proof of licensure to practice embalming in another state in the United States of America;

(d) Proof of having had the appointed duties of a mortician or mortuary specialist in the military;

(e) Proof of successful completion of the Florida Laws & Rules examination; and

(f) A copy of a military identification card, military dependent identification card, military service record, military personnel file, veteran record, discharge paper, or separation document that indicates such member is currently in good standing or such veteran was honorably discharged.

(3) 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 the 2 years preceding application for licensure whose appointed duties in the military is/was to act as a mortician or mortuary specialist, is eligible for licensure as a direct disposer if the following are submitted:

(a) An official transcript showing a college level course in Florida Mortuary Law and a college level course in ethics;

(b) A copy of a high school diploma or GED certificate;

(c) Proof of having had the appointed duties of a mortician or mortuary specialist in the military;

(d) Proof of successful completion of the Florida Laws & Rules examination; and

(e) A copy of a military identification card, military dependent identification card, military service record, military personnel file, veteran record, discharge paper, or separation document that indicates such member is currently in good standing or such veteran was honorably discharged.

(4) A licensee who is the spouse of a member of the Armed Forces of the United States and was caused to be absent from the State of Florida because of the spouse’s duties with the Armed Forces shall be exempt from all licensure renewal provisions under these rules during such absence. The licensee must show proof to the Board of the absence and the spouse’s military status.

Rulemaking Authority 497.103, 497.168, 497.393, 497.602(4) FS. Law Implemented 497.168, 497.393, 497.602(4) FS. History–New _________.

 

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: October 29, 2018