This is MANDATORY rulemaking to implement statutory changes to s. 497.382, during the 2013 legislative session, at s. 18 of Ch. 2013-138, Laws of Florida. The said statutory changes eliminated the requirement that monthly Bodies Handled Reports be ...

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Funeral, Cemetery, and Consumer Services

RULE NO.:RULE TITLE:

69K-20.001Report of Cases Embalmed or Bodies Handled

PURPOSE AND EFFECT: This is MANDATORY rulemaking to implement statutory changes to Section 497.382, during the 2013 legislative session, at s. 18 of Ch. 2013-138, Laws of Florida. The said statutory changes eliminated the requirement that monthly Bodies Handled Reports be filed with the FCCS Division; instead, the reports are completed and retained by the licensee. This proposed rulemaking amends current Rule 69K-20.001, F.A.C., to conform the current rule to the revised statutory requirement.

SUMMARY: This proposed rulemaking amends current Rule 69K-20.001, F.A.C., to conform the current rule to the revised statutory requirement, by eliminating the requirement that the reports be filed with the Division.

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: This rule amendment will DECREASE costs to regulated entities, because they will no longer be subject to the cost and effort of mailing monthly Bodies Handled Reports to this Division.

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, 497.382 FS.

LAW IMPLEMENTED: 497.382 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:

DATE AND TIME: January 8, 2014, 8:30 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 5 hours before the workshop/meeting by contacting: LaTonya Bryant 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-20.001 Report of Cases Embalmed or Bodies Handled.

(1) This rule implements Section 497.382, Florida Statutes.

(2) Each funeral establishment, direct disposal establishment cinerator facility, and centralized embalming facility, shall each month complete the form identified in subsection (3) below, as pertinent to its category of licensure. The licensee shall retain each such completed form in its records at its licensed business premises, for inspection by Division staff, for 36 months after the month to which the form relates.

(3) Forms.

(a) Funeral establishments shall utilize form DFS-N1-1751, “Funeral Establishment/Monthly Report of Cases Embalmed or Bodies Handled,” Rev. 10-06. which is incorporated by reference in Rule 69K-1.001, F.A.C.

(b) Direct disposal facilitiesshall utilize form DFS-N1-1752, “Direct Disposal Establishment/Monthly Report of Cases Embalmed or Bodies Handled,” Rev. 10-06. which is incorporated by reference in Rule 69K-1.001, F.A.C.

(c) Cinerator facilities shall utilize form DFS-N1-1753, “Cinerator Facility/Monthly Report of Cases Embalmed or Bodies Handled,” Rev. 10-06, which is incorporated by reference in Rule 69K-1.001, F.A.C.

(d) Centralized embalming facilities shall utilize form DFS-N1-1754, “Centralized Embalming Facility/Monthly Report of Cases Embalmed or Bodies Handled,” Rev. 10-06, which is incorporated by reference in Rule 69K-1.001, F.A.C.

(1) Each funeral establishment licensed pursuant to Chapter 497, F.S., on a monthly basis shall submit reports to the Department which shall contain the following information:

(a) The number of bodies handled;

(b) The name of each deceased person;

(c) The date and county of death;

(d) Date embalmed and name of embalmer, if applicable;

(e) Method of disposal;

(f) Name, location and license number of cinerator facility, if method of disposal was by cremation;

(g) The names, license numbers and signatures of the licensees responsible for final disposition, including the funeral director in charge;

(h) The burial transit number;

(i) The name, location and license number of facility where bodies are refrigerated;

(j) The name, location and license number of facility where bodies are embalmed; and

(k) The name, location and registrant number of the removal service.

(2) Each direct disposal facility licensed pursuant to Chapter 497, F.S., on a monthly basis shall submit reports to the Department which shall contain the following information:

(a) The name of each person cremated;

(b) The date and county of death;

(c) Date of cremation;

(d) License number of cinerator facility;

(e) The names, license numbers, and signatures of the licensees responsible for final disposition, including the registered direct disposer in charge;

(f) The name, location and registrant number of the removal service; and

(g) The name, location and license number of the facility where bodies are refrigerated.

(3) Each cinerator facility licensed pursuant to Chapter 497, F.S., on a monthly basis shall submit reports to the Department which shall contain the following information:

(a) The name of each person cremated;

(b) Date and county of death;

(c) Type of container used to hold the body during cremation;

(d) The name of each person supervising each cremation;

(e) The date of cremation;

(f) The funeral home or direct disposal facility from which the deceased was received;

(g) The burial transit number;

(h) The names, license numbers and signatures of the licensees responsible for final disposition including the registered direct disposer or licensed funeral director;

(i) The name, location and license number of the facility where bodies were cremated; and

(j) The name, location and registrant number of the removal service.

(4) Failure to keep or timely furnish such reports to the Department by the 10th day of the subsequent month shall subject the licensee or registrant to disciplinary action.

Rulemaking Specific Authority 497.103, 497.382, 497.606 FS. Law Implemented 497.382, 497.606 FS. History–New 11-11-79, Formerly 21J-20.01, 21J-20.001, Amended 3-2-95, 10-12-98, Formerly 61G8-20.001, Amended_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Douglas Shropshire, Director, Division of Funeral, Cemetery, and Consumer Services, on behalf of the Board of Funeral, Cemetery, and Consumer Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Funeral, Cemetery, and Consumer Services, under Chapter 497, F.S.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 5, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 24, 2013