The purpose of the amendment is to establish procedures for relicensure of certain entities upon a change of ownership and clarify when a change of ownership occurs requiring relicensure under Chapter 497, F.S.

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Funeral, Cemetery, and Consumer Services

RULE NO.:RULE TITLE:

69K-1.005Licensure Application Procedures

PURPOSE AND EFFECT: The purpose of the amendment is to establish procedures for relicensure of certain entities upon a change of ownership and clarify when a change of ownership occurs requiring relicensure under Chapter 497, F.S.

SUMMARY: Change of ownership requiring relicensure; procedures for relicensure.

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 concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary 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(2), (5)(b), 497.141(12)(g), 497.167(10) FS.

LAW IMPLEMENTED: 120.60, 497.103(2), 497.141, 497.167(9), (10), (13) 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-1.005 Licensure Application Procedures.

(1) through (12) No change.

(13) RELICENSURE RELATED TO CHANGE OF OWNERSHIP.

(a) This subsection implements the requirement for relicensure of certain specified categories of licensees upon a change of ownership of the licensee, as specified in the following provisions of Chapter 497:

1.Funeral establishments, section 497.380(12)(a);

2.Removal services, section 497.385(1)(g);

3.Refrigeration services, section 497.385(1)(g);

4,Centralized embalming facilities, section 497.385(2)(g);

5.Monument establishments, section 497.553(6)(a).

(b) For the purposes of the above identified license categories, a change of ownership occurs whenever a

person or entity acquires an ownership interest of greater than 50% in the licensee or in a legal entity that directly or through subsidiaries owns the licensee, which person or entity did not previously have such an ownership interest of greater than 50%. Provided, in the case of a licensee owned by a corporation, LLC, or other legal entity that is part of a group of legal entities under common control, and the ultimate parent entity restructures the group, if the licensee’s ultimate parent entity remains unchanged, there is no change of ownership, but a change of licensee name shall be filed with the Division, with the appropriate fee for issuance of a revised license certificate to reflect the different legal entity holding the license.

(c) A relicensure required under the statutes cited in this subsection shall be accomplished by filing the same

form or forms as required for initial licensure, but noting on the application for license that the application relates to a change of ownership.

Rulemaking Authority 497.103(1)(2), (5)(b), 497.141(12)(g), 497.167(10), 497.380(12)(a), 497.385(1)(g), (2)(g), 497.553(6)(a) FS. Law Implemented 120.60, 497.103(1)(2), 497.141, 497.167(9), (10), (13), 497.380(12)(a), 497.385(1)(g), (2)(g), 497.553(6)(a) FS. History–New 10-13-09, Amended 1-24-13, 4-22-13,             .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Funeral, Cemetery, and Consumer Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Funeral, Cemetery, and Consumer Services

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 6, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 9, 2016