Section 497.142(10)(a), F.S., requires every licensee to disclose certain criminal records when applying for renewal of any license issued under Chapter 497, F.S. Section 497(10)(g), F.S., requires the Department to adopt rules specifying forms and ...

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

Rule No. : RULE TITLE :
69K-1.007: Disclosure of certain criminal records for renewal of license
PURPOSE AND EFFECT: Section 497.142(10)(a), F.S., requires every licensee to disclose certain criminal records when applying for renewal of any license issued under Chapter 497, F.S. Section 497(10)(g), F.S., requires the Department to adopt rules specifying forms and procedures to be used by licensees to disclose those criminal records.
SUMMARY: Rule 69K-1.007, F.A.C., adopts a disclosure form to be used by licensees to disclose criminal records when applying for renewal of his or her license under Chapter 497, F.S. A licensee who previously disclosed his or her criminal record upon initial application or renewal must disclose only those criminal offenses that occurred since the most recent renewal, or if the license has not been renewed, since the licensee’s initial application.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Agency has determined that this will not have an impact on small business. An 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: 497.103(5)(b), 497.142(10)(g) FS.
LAW IMPLEMENTED: 497.103(2)(c), 497.141, 497.142 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: May 3, 2011, 10:00 a.m.
PLACE: Room 332, Pepper Building, 111 W. Madison Street, Tallahassee, FL
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 [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, 200 E. Gaines Street, Tallahassee, FL 32399-0361, [phone] or [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

69K-1.007 Disclosure of Certain Criminal Records for Renewal of License.

(1) A licensee who, pursuant to Section 497.142(10)(a), F.S., is required to disclose a criminal record when renewing his or her license, shall disclose the criminal record by completing and filing with the Division of Funeral, Cemetery, and Consumer Services, a Form DFS-N1-2043, Disclosure of Criminal Record at Renewal of License. Form DFS-N1-2043 (Eff. 3/11), which is hereby incorporated by reference, is available on the website of the Division, at http://www.MyFloridaCFO.com/funeralcemetery/, or by contacting the Division at phone number [phone].

(2) Form DFS-N1-2043 shall be filed by mailing or otherwise delivering the completed form to the Division at the following address: Division of Funeral, Cemetery, and Consumer Services, 200 East Gaines Street, Tallahassee, FL 32399-0361. Form DFS-N1-2043 shall be filed with the Division prior to the expiration date of the license to which the disclosure relates.

(3) Pursuant to Section 497.142(10), F.S., when renewing a license, a licensee is only required to disclose those criminal offenses that occurred since the initial issuance of the license or the most recent renewal of the license, whichever is more recent. Any criminal record that was disclosed to the Division when the license was initially applied for, or that was disclosed in connection with a prior renewal of the license, is not required to be disclosed again at any subsequent renewal. Traffic infractions that are not criminal offenses are not required to be disclosed.

Rulemaking Authority 497.103(5)(b), 497.142(10)(g) FS. Law Implemented 497.103(2)(c), 497.141, 497.142 FS. History–New _______.

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: Jeff Atwater, Chief Financial Officer, Department of Financial Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 17, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 7, 2011