Disciplinary Guidelines and Penalties for Funeral Directors and Establishments, Embalmers, Removal Services, Refrigeration Services, Direct Disposers and Establishments, and Cinerator Facilities.

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Funeral, Cemetery, and Consumer Services

RULE NO.:RULE TITLE:

69K-30.001Disciplinary Guidelines and Penalties for Funeral Directors and Establishments, Embalmers, Removal Services, Refrigeration Services, Direct Disposers and Establishments, and Cinerator Facilities.

NOTICE OF CORRECTION

Notice is hereby given that the following correction has been made to the proposed rule in Vol. 44 No. 74, April 16, 2018 issue of the Florida Administrative Register.

The correction is to the formatting of paragraph 6 (a) through (m) and paragraph 7 (a) through (d) as follows:

 

(6) Based upon consideration of the following aggravating and mitigating factors, the board may impose disciplinary action other than the penalties recommended herein:

(a) The danger to the public;

(b) The length of time since date of violation;

(c) The number of complaints filed against the licensee;

(d) The length of time licensee has practiced;

(e) The actual damage, physical or otherwise, caused by the violation;

(f) The deterrent effect of the penalty imposed;

(g) The effect of the penalty upon the licensee’s livelihood;

(h) Any efforts for rehabilitation;

(i) The actual knowledge of the licensee pertaining to the violation;

(j) Attempts by licensee to correct or stop violations or refusal by licensee to correct or stop violations;

(k) Related violations against a license in another state including findings of guilt or innocence, penalties imposed and penalties served;

(l) Penalties imposed for related offenses under these guidelines; and

(m) Any other aggravating and mitigating circumstances.

(7) The board may also impose the following conditions in a disciplinary Order:

(a) Fines and costs are to be paid by cashier’s check or money order payable to the Board of Funeral, Cemetery, and Consumer Services and delivered to the board office at the Department of Financial Services, Board of Funeral, Cemetery, and Consumer Services, 200 East Gaines Street, Tallahassee, Florida 32399, within 30 days of the effective date of the Order;

(b) Continuing Education, when imposed as a condition of probation, will be a minimum of two (2) hours and a maximum of six (6) hours per violation and shall be in addition to those hours required for license renewal. Unless otherwise indicated in the Order, all Continuing Education must be completed prior to the lifting of probation or suspension;

(c) Licensee may be required to take and pass the Florida Laws and Rules Examination at his/her own expense, prior to the lifting of probation or suspension; and/or

(d) Prior to the lifting of probation or suspension, the board may compel the licensee to attend an in-person meeting of the board and demonstrate compliance with the Order and demonstrate by testimony, presentation of letters of recommendation from friends and supervisors within the industry, and other indicia of rehabilitation, that he or she is able to resume practicing with reasonable care and safety and in compliance with the laws of the State of Florida and rules of this board.

 

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].