This rulemaking action would implement changes to s. 497.141(5)(a), Florida Statutes, regarding demonstration by license applicants who have a criminal record, that issuance of the license applied for would not create a danger to the public. This ...  

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

    RULE NO.:RULE TITLE:
    69K-1.008Criteria for Review of Criminal Records
    PURPOSE AND EFFECT: This rulemaking action would implement changes to Section 497.141(5)(a), Florida Statutes, regarding demonstration by license applicants who have a criminal record, that issuance of the license applied for would not create a danger to the public. This proposed rule was approved by the Board of Funeral, Cemetery, and Consumer Services at its meeting on April 4, 2013.
    SUMMARY: The rule specifies factors to be addressed and considered in evaluating whether a license applicant who has a criminal record, has demonstrated that issuance of the license applied for would not create a danger to the public.
    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.
    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: 497.141(5)(a); 497.103(5)(a) FS.
    LAW IMPLEMENTED: 497.141(5)(a) 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: June 27, 2013, 12:00 noon
    PLACE: 2020 Capital Circle SE, Alexander Bldg., Room 230, Tallahassee, FL 323
    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: LaTonya Bryant-Parker, at 850-413-4957, or by email at LaTonya.Bryant-Parker@MyFloridaCFO.com. 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; (850)413-4984; shropshired@MyFloridaCFO.com. Direct any request for a hearing to Mr. Shropshire.

    THE FULL TEXT OF THE PROPOSED RULE IS:

    69K-1.008 Criteria for Review of Criminal Records.

    (1) This rule implements Section 497.141(5)(a), Florida Statutes, regarding evaluation of whether an applicant for license who has a criminal record has demonstrated that issuance of the license applied for would not create a danger to the public.

    (2) An applicant for new or renewal license that has a criminal record required to be disclosed under Section 497.142(10), F.S., shall not be approved unless the applicant demonstrates that issuance of the license will not create a danger to the public. Such applicant shall complete and submit with the application a form DFS-N1-1716, "Criminal History Form." Applicant shall also make a written presentation to the Board, in the form of a letter to the Board, dated and signed by the applicant and attached to the application, addressing therein the factors listed below.

    (a) A detailed explanation of the facts and circumstances of the criminal conduct.

    (b) If applicant was not the sole perpetrator of the crime, a description in detail of applicant's role on the crime.

    (c) If there are multiple crimes on different dates, applicant's explanation of why the multiple crimes should not be found to indicate inability or unwillingness to comply with applicable laws.

    (d) The age of the applicant when the crime(s) was committed.

    (e) Whether the crime involved physical violence, and the nature, amount and circumstances of the violence.

    (f) A detailed description of the type and amount of personal or property harm, injury or damage suffered by any victim or innocent bystander as a result of the crime(s).

    (g) Whether all legally required restitution has been made. If all legally required restitution has not been made, applicant shall provide an explanation of why it has not been made.

    h) If applicant initially denied or failed to disclose the criminal record on the application for license, an explanation for such denial or failure to disclose.

    (i) Identification and description of any evidence that applicant is remorseful concerning the crime.

    (j) Whether applicant believes they had a drug or alcohol abuse problem in the time frame the crime was committed and if so, identification and description of any evidence that applicant has been successfully treated, or has otherwise overcome or is in remission concerning such drug or alcohol abuse.

    (k) Whether the applicant has successfully completed and complied with, or is completing or complying with, all requirements imposed by the court in the criminal proceedings, including but not limited to probation, and identification and description of any evidence in support of applicant's assertion in that regard.

    (l) Whether applicant has, since the criminal court proceeding, engaged in any activity in the nature of community service, apart from and in addition to any criminal sentencing requirements, and if so, identification and description of any evidence in support of applicant's assertion in that regard.

    (m) Any other argument by applicant as to why applicant would not be a danger to the public if the licensed applied for is granted, and identification and description of any evidence in support of such argument and not previously identified and described in applicant's presentation to the Board.

    (3) Letters of References. An applicant subject to this rule should submit with their application any letters of reference they can obtain in support of their assertion that if licensed they would not be a danger to the public. Letters of reference may be from current or past employers, clergy, business associates, persons the applicant does or has done business with, law enforcement personnel, or any other persons. Letters of reference shall be given weight by the Board in accordance with the following factors:

    (a) Letters of reference that are not signed shall be given no weight.

    (b) A letter of reference that is not dated, or does not provide the writer's full mailing address and phone number, will be given reduced weight.

    (c) A letter of reference that does not indicate how well, how long, and in what capacity the writer has known the applicant, will be given reduced weight.

    (d) A letter of reference that indicates that the writer is aware of applicant's criminal conduct shall be given substantially more weight than a letter of reference that does not so indicate.

    Rulemaking Authority 497.103(5), 497.141(5)(a) FS. Law Implemented 497.141 FS. History-New ________.

    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 chp. 497, F.S.
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 4, 2013
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: Jan. 20, 2012

     

Document Information

Comments Open:
4/15/2013
Summary:
The rule specifies factors to be addressed and considered in evaluating whether a license applicant who has a criminal record, has demonstrated that issuance of the license applied for would not create a danger to the public.
Purpose:
This rulemaking action would implement changes to s. 497.141(5)(a), Florida Statutes, regarding demonstration by license applicants who have a criminal record, that issuance of the license applied for would not create a danger to the public. This proposed rule was approved by the Board of Funeral, Cemetery, and Consumer Services at its meeting on April 4, 2013.
Rulemaking Authority:
497.141(5)(a); 497.103(5)(a)
Law:
497.141(5)(a)
Contact:
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; (850)413-4984; shropshired@MyFloridaCFO.com. Direct any request for a hearing to Mr. Shropshire.
Related Rules: (1)
69K-1.008. Applications with Criminal Records