To clarify the language in 69K-21.003(1) to provide for a refrigeration room or a written arrangement for the refrigeration and storage of dead human bodies and to update the language regarding equipment in embalming preparation rooms.

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Funeral, Cemetery, and Consumer Services

RULE NO.:RULE TITLE:

69K-21.003Inspection Criteria (Funeral Establishments).

PURPOSE AND EFFECT: To clarify the language in subsection 69K-21.003(1), F.A.C. to provide for a refrigeration room or a written arrangement for the refrigeration and storage of dead human bodies and to update the language regarding equipment in embalming preparation rooms.

SUMMARY: A funeral establishment’s refrigeration room or written arrangement for the refrigeration and storage of bodies. Also, the equipment necessary for an embalming preparation room.

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, based upon the expertise and experience of its members, and the substance of the rule amendment, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary because the rule does not impose additional rights, obligations, or duties on any persons or any businesses, 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, 497.380 FS.

LAW IMPLEMENTED: 497.380, 497.386 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-21.003 Inspection Criteria (Funeral Establishments).

The Department shall inspect funeral establishments on the basis of the following:

(1) There shall be either a refrigeration room for the storage of dead human bodies, or written arrangements for the refrigeration and storage of dead human bodies at a facility within 75 miles of the funeral establishment., or a preparation room equipped as follows:

(2) If a funeral establishment offers cremation services, and a retort is not on the funeral establishment’s premises, the cinerator facility that the funeral establishment contracts with must be within 75 miles of their physical location.

(3) An embalming preparation room in a funeral establishment shall be equipped as follows:

(a) through (e) No change.

(f) The following instruments shall be properly maintained:

1. through 20. No change.

(g) No change.

(2) through (8) renumbered (4) through (10) No change.

Rulemaking Authority 497.103, 497.380 FS. Law Implemented 497.380, 497.386 FS. History–New 2-13-80, Amended 5-21-81, 9-28-83, 3-26-84, Formerly 21J-21.03, Amended 12-11-88, Formerly 21J-21.003, Amended 3-30-94, 2-20-95, 3-24-98, 6-14-00, 1-30-02, 4-15-02, 7-6-04, Formerly 61G8-21.003,                   .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: 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].

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 07, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 23, 2017