The proposed rulemaking will amend form DFS-C-MON1, Application for Monument Establishment License, to conform to changes in state law that were made during the 2021 legislative session. Additionally, this rulemaking will ....

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Funeral, Cemetery, and Consumer Services

RULE NO.:RULE TITLE:

69K-1.001List of Approved Forms; Incorporation by Reference.

PURPOSE AND EFFECT: The proposed rulemaking will amend form DFS-C-MON1, Application for Monument Establishment License, to conform to changes in state law that were made during the 2021 legislative session. Additionally, this rulemaking will delete unnecessary forms that the Division no longer uses for inspections and examinations of certain licensees and will amend forms for applications for funeral directors, embalmers, funeral establishments, embalming facilities and disposal establishments. This rulemaking will other amendments as needed.

SUMMARY: This rule incorporates forms used by applicants to obtain licenses from the Division for various death care disciplines. This rulemaking will update some of the forms and delete obsolete forms.

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: The Department’s economic review for this rulemaking.

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, 497.141, 497.142, 497.146, 497.147, 497.152, 497.263, 497.264, 497.266, 497.269, 497.270, 497.272, 497.281, 497.283, 497.287, 497.368, 497.369, 497.370, 497.373, 497.374, 497.375, 497.376, 497.380, 497.382, 497.385, 497.453, 497.454, 497.456, 497.458, 497.462, 497.464, 497.466, 497.550, 497.551, 497.553, 497.554, 497.602, 497.603, 497.604, 497.606, 497.608 FS.

LAW IMPLEMENTED: 497.103, 497.140, 497.141, 497.142, 497.143, 497.146, 497.147, 497.152, 497.263, 497.264, 497.266, 497.269, 497.270, 497.272, 497.281, 497.283, 497.287, 497.365, 497.368, 497.369, 497.370, 497.373, 497.374, 497.375, 497.376, 497.377, 497.378, 497.379, 497.380, 497.382, 497.385, 497.453, 497.454, 497.456, 497.458, 497.462, 497.464, 497.466, 497.550, 497.551, 497.553, 497.554, 497.602, 497.603, 497.604, 497.606, 497.608 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, Department of Financial Services, Division of Funeral, Cemetery, and Consumer Services, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69K-1.001 List of Approved Forms; Incorporation by Reference.

The following forms are hereby adopted and incorporated by reference and can be obtained from the Department by writing to the Department of Financial Services, Division of Funeral, Cemetery, and Consumer Services, 200 East Gaines Street, Tallahassee, Florida 32399-0361, by logging on to the Department’s website at http://www.myfloridacfo.com/Division/funeralcemetery/, or by telephoning [phone]:

(1) through (41) No change.

(42) DFS-N1-1732, “Application for Concurrent Funeral Director and Embalmer Intern License,” Effective MM/YY, Eff. 10-06.  https://www.flrules.org/gateway/reference.asp?No=Ref-_______.

(43) No change.

(44) DFS-N1-1735, “Examination Questionnaire – Cemetery,” Eff. 10-06.

(45) DFS-N1-1736, “Inspection Form – Removal Service,” Eff. 10-06.

(46) DFS-N1-1737, “Inspection Form – Refrigeration Facility,” Eff. 10-06.

(47) DFS-N1-1738, “Inspection Form – Monument Establishment,” Eff. 10-06.

(48) DFS-N1-1739, “Inspection Form – Funeral Establishment,” Eff. 10-06.

(49) DFS-N1-1740, “Inspection Form – Direct Disposal Establishment,” Eff. 10-06.

(50) DFS-N1-1741, “Inspection Form – Cinerator Facility,” Eff. 10-06.

(51) through (53) renumbered as (44) through (46) No change.

(54) DFS-N1-1745, “Inspection Form – Centralized Embalming Facility,” Eff. 10-06.

(55) through (56) renumbered as (47) through (48) No change.

(49)(57) DFS-N1-1748, “Application for Funeral Establishment License,” Effective MM/YY Rev. 10-06.  https://www.flrules.org/gateway/reference.asp?No=Ref-_______.

(58) through (63) renumbered as (50) through (55) No change.

(56)(64) DFS-N1-1756, “Application for Centralized Embalming Facility License,” Effective MM/YY Rev. 10-06. https://www.flrules.org/gateway/reference.asp?No=Ref-_______.

(57)(65) DFS-N1-1757, “Application for Direct Disposal Establishment License,” Effective MM/YY Rev. 10-06. https://www.flrules.org/gateway/reference.asp?No=Ref-_______.

(66) through (74) renumbered as (58) through (66) No change.

(75) DFS-N1-1767, “Inspection Form – Cemetery,” Eff. 10-06.

(76) through (80) renumbered as (67) through (71) No change.

(81) DFS-N1-1773, “PNL Examination,” Eff. 10-06.

(72)(82) No change.

(73)(83) DFS-C-MON1, “Application for Monument Establishment License,” Effective MM/YY Rev. 10-06. https://www.flrules.org/gateway/reference.asp?No=Ref-_______.

(84) through (106) renumbered as (74) through (96) No change.

Rulemaking Authority 497.103(2)(c), (5)(b), 497.141(2), (12)(g), 497.142(10)(g), 497.146, 497.147, 497.152, 497.263(2), 497.264(2)(a), 497.266(2), 497.269, 497.270(2), 497.272(7), 497.281, 497.283(2)(c), 497.287(2), 497.368(1), 497.369(1), 497.370(1), 497.373(1), 497.374(1), 497.375(1), 497.376, 497.380(4), (12), 497.382, 497.385, 497.453, 497.454(1), 497.456(13)(f), 497.458(1)(e), (1)(k), 497.462(9), 497.464(3), 497.466(5)(c), (8)(a), 497.550(2), 497.551(3), 497.553(2), (6), 497.554(2), 497.602(2), 497.603(2), 497.604, 497.606, 497.608(2) FS. Law Implemented 497.103(2)(c), 497.140, 497.141, 497.142, 497.143, 497.146, 497.147, 497.263, 497.264, 497.266, 497.269, 497.270, 497.272, 497.281, 497.283, 497.287, 497.365, 497.368, 497.369, 497.370, 497.373, 497.374, 497.375, 497.376, 497.377, 497.378, 497.379, 497.380, 497.382, 497.385, 497.453, 497.454, 497.456, 497.458, 497.462, 497.464, 497.466, 497.550, 497.551, 497.553, 497.554, 497.602, 497.603, 497.604, 497.606, 497.608 FS. History–New 9-28-03, Formerly 3F-5.010, 69K-5.010, Amended 1-24-08, 4-18-10, 6-17-10, 7-22-12, 12-27-18, 10-6-19, _________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ellen Simon, Assistant Director

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jimmy Patronis, Chief Financial Officer

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 2, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 10, 2021 & November 1, 2021