Section 497.143, F.S., authorizes the Department to adopt rules permitting practice by retired professionals as limited licensees during times of critical need. The proposed rule sets forth the procedures for obtaining such a limited license.

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

RULE NO: RULE TITLE
69K-25.004: Limited License for Retired Professionals During Times of Critical Need
PURPOSE AND EFFECT: Section 497.143, F.S., authorizes the Department to adopt rules permitting practice by retired professionals as limited licensees during times of critical need. The proposed rule sets forth the procedures for obtaining such a limited license.
SUBJECT AREA TO BE ADDRESSED: Limited licensure for retired professionals during times of critical need.
SPECIFIC AUTHORITY: 497.103(5)(b), 497.143 FS.
LAW IMPLEMENTED: 497.143 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: March 16, 2009, 10:00 a.m.
PLACE: Alexander Building, 2020 Capital Circle, S.E., 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 days before the workshop/meeting by contacting: Doug Shropshire [phone] or doug. [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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Doug Shropshire, Director, Division of Funeral, Cemetery, and Consumer Services, Alexander Building, 2020 Capital Circle S. E., Tallahassee, Florida 32399-0361, [phone]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

69K-25.004 Limited License for Retired Professionals During Times of Critical Need.

(1) A limited licensee shall only provide services during times of critical need within the State and shall work for an entity licensed under Chapter 497, F.S. A limited license shall be effective for so long as the executive order from the Governor or federal order declaring a state of emergency remains in effect including the time the state of emergency is extended as authorized by law.

(2) Each person desiring to obtain a limited license as a retired funeral director, embalmer, or combination funeral director/embalmer shall apply to the Department by submitting the following:

(a) A completed “Application for Retired Professionals,” Form DFS-N1-1746, effective 10/06, which is incorporated by reference in Rule 69K-1.001, F.A.C., and is available on the Department’s website (www.myfloridacfo.com/FuneralCemetery) or by contacting the Department of Financial Services, Division of Funeral, Cemetery and Consumer Services, 200 East Gaines Street, Tallahassee, Florida 32399-0361.

(b) A notarized affidavit stating that the applicant:

1. Has been licensed to practice in any jurisdiction in the United States for at least ten years in the profession for which the applicant seeks a limited license;

2. Has retired from the practice of that profession;

3. Intends to practice only pursuant to the restrictions of the limited license; and

4. Shall not engage in preneed sales under such license.

Specific Authority 497.103(5)(b), 497.143 FS. Law Implemented 497.143 FS. History–New_________.