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-25.003Licensure as Temporary Embalmer or Temporary Funeral Director; Manner of Requesting and Fee; Practice Limitations; Expiration.

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 licensure as temporary embalmer or temporary funeral director; manner of requesting and fee; practice limitations; expiration.

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, 497.369(5), 497.374(5) FS.

LAW IMPLEMENTED: 497.369, 497.374 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-25.003 Licensure as Temporary Embalmer or Temporary Funeral Director; Manner of Requesting and Fee; Practice Limitations; Expiration.

(1) through (3) No change.

(4) 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 initial issuance fee. The military record must show such member is currently in good standing or such veteran was honorably discharged.

(5)(4) An applicant, who is granted authorization for temporary practice, shall practice only in a licensed funeral establishment. A temporary embalmer shall practice only under the direct supervision of a licensed embalmer. A temporary funeral director shall practice only under the direct supervision of a licensed funeral director. For purposes of this rule, “direct supervision” does not require the physical presence of the supervising licensee on the premises at all times; however the supervising licensee shall be available to communicate with the temporary licensee in those times in which the supervising licensee is not on the premises. Furthermore, the supervising licensee shall review and give final approval to all services performed by the temporary licensee.

(6)(5) The authority to practice temporarily shall expire at the end of the sixtieth day after the licensure examination for which the applicant applied.

(7)(6) Applicants granted permission to practice temporarily shall be governed by the laws and rules of the Board regulating the practice of funeral directing and embalming and shall be liable for violations thereof.

Rulemaking Authority 497.103, 497.369(5), 497.374(5) FS. Law Implemented 497.369, 497.374 FS. History–New 10-25-92, Amended 5-20-93, Formerly 21J-25.003, Amended 11-11-99, Formerly 61G8-25.003,              .

 

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: December 6, 2018

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