Section 497.281(1), F.S., authorizes the licensing authority to set by rule a license fee not to exceed $250 for a broker of burial rights. Section 497.281(5), F.S., authorizes the Department to provide by rule for the biennial renewal of broker of ...

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

RULE NO: RULE TITLE
69K-5.012: Procedure for Registration of Broker of Burial Rights
PURPOSE AND EFFECT: Section 497.281(1), F.S., authorizes the licensing authority to set by rule a license fee not to exceed $250 for a broker of burial rights. Section 497.281(5), F.S., authorizes the Department to provide by rule for the biennial renewal of broker of burial rights licenses and to set a renewal fee not to exceed $250.
SUMMARY: Rule 69K-5.012, F.A.C., is amended to update the requirements for obtaining and renewing a broker of burial rights license and sets the license fee at $150 and the renewal fee at $100.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 497.103(2)(c), (5)(b), 497.281 FS.
LAW IMPLEMENTED: 497.103(2)(c), 497.281 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: March 23, 2009, 2:00 p.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 [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: Doug Shropshire, Director, Division of Funeral, Cemetery, and Consumer Services, Alexander Building, 2020 Capital Circle S.E., Tallahassee, Florida 32399-0361, [phone] or [e-mail].

THE FULL TEXT OF THE PROPOSED RULE IS:

69K-5.012 Application and Renewal Procedures for Registration of Broker of Burial Rights License.

(1) Each person desiring to obtain licensure registration as a broker of burial rights shall apply to the Department by submitting the following:

(a) A completed application for Registration of Brokers of Burial Rights License Application, Form DFS-C-BBRI, revised 10/06 effective 3-3-97, which is hereby incorporated by reference in Rule 69K-1.001, F.A.C., and available on the Department’s website at www.myfloridacfo.com/FuneralCemetery or by mail from the Department of Financial Services, Division of Funeral, Cemetery, and Consumer Services, 200 East Gaines Street, Tallahassee, Florida 32399-0361. The application shall for registration must be completed and signed within thirty (30) days prior to receipt by the Department; and

(b) A non-refundable license initial registration fee of $150, which shall be the fee for the biennial licensure registration period beginning October 1 of each odd numbered year or any part thereof;.

(c) A $5 unlicensed activity fee pursuant to Section 497.140(6)(a), F.S.; and

(d) A set of fingerprints (either electronic or on paper) pursuant to Rule 69K-1.002, F.A.C.

(2) Licensees shall submit renewal requests on Form DFS-N1-1771, Broker of Burial Rights Renewal, effective 10/06, which is incorporated by reference in Rule 69K-1.001, F.A.C., and is available from the Department at the address and website listed above. A renewal fee of $100 and an unlicensed activity fee of $5 shall accompany the form.

Request for Additional Information. Any request for additional information will be made by the Department within thirty (30) days after receipt of the application by the Department. The additional information must be received by the Department within forty-five (45) days from the date of request. Failure to respond to the request within forty-five (45) days from the date of request shall be construed by the Department as grounds for denial for failure to complete the application, and the application shall be denied pursuant to Section 120.60(2), F.S.

(3) Amendment of Registration. An applicant may amend the application for registration as to those factors generally within the control or selection of the applicant once, as a matter of course, at any time within thirty (30) days from its receipt for filing. Otherwise, the application may be amended only with prior permission from the Department. Requests to make changes which are material to the application or to the Department’s evaluation of the registration filed at any time after the application has been received shall be deemed by the Department to be grounds for denial, and a new application for registration, accompanied by the appropriate filing fee, shall be required.

(4) Withdrawal of Registration. An applicant may request withdrawal of a registration prior to a determination of the registration being made by the Department by submitting a written request that the registration be withdrawn.

(5) Refunds. If the registration is withdrawn or denied, the registration fee is non-refundable.

(6) Upon approval of the registration, a license will be issued for the remainder of the biennial registration period.

Specific Authority 497.103(2)(c), (5)(b)(1), 497.281 FS. Law Implemented 497.103(2)(c), 497.281 FS. History–New 3-3-97, Formerly 3D-30.105, 69K-100.105, Amended__________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Doug Shropshire, Director, Division of Funeral, Cemetery, and Consumer Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Alex Sink, Chief Financial Officer
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 10, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 31, 2008