69K-1.005. Licensure Application Procedures

(1)(a) This rule sets forth the Department’s procedure for processing applications of persons and entities who apply for the following licenses under chapter 497, F.S.

1. Broker of burial rights;

2. Centralized embalming facility;

3. Cinerator facility;

4. Concurrent intern (funeral director & embalmer);

5. Direct disposal establishment;

6. Direct disposer;

7. Embalmer apprentice;

8. Embalmer intern;

9. Embalmer;

10. Funeral director and embalmer;

11. Funeral director intern;

12. Funeral director;

13. Funeral establishment;

14. Monument establishment;

15. Refrigeration facility;

16. Removal service.

(b) The provisions of this rule do not apply to persons or entities submitting applications for the following licenses under chapter 497, F.S.

1. Cemetery;

2. Monument establishment sales agent;

3. Preneed sales agent;

4. Preneed sales business (main and branch office).

(2) For purposes of this rule, the following definitions shall apply.

(a) “Application form” means the Department form adopted by rule 69K-1.001, F.A.C., to be used for applying for a particular license under Chapter 497, F.S. Forms can be obtained on the Department’s website (www.myfloridacfo.com/FuneralCemetery) or by mail from the Department of Financial Services, Division of Funeral, Cemetery, and Consumer Services, 200 East Gaines Street, Tallahassee, Florida 32399-0361.

(b) “Complete application” means an application form which the applicant submits to the Department, upon which the applicant has furnished all correct information, including any additional or accompanying documentation, required by chapter 497, F.S., or chapter 69K, F.A.C. An application which contains errors, omissions, or which requires additional or clarifying information is not considered a complete application and shall be referred to in this rule as an “incomplete application.”

(c) “Deficiency notice” means a notice by the Department to an applicant that the applicant’s application is incomplete and which informs the applicant of what is required to cure the deficiency.

(3) Within thirty (30) days of receipt of an application, the Department shall review the application to determine if it is a complete or an incomplete application.

(4) Pursuant to section 497.167(9), F.S., any application which must be reviewed and acted upon by the Board shall be acted upon by the Board at a regularly scheduled Board meeting. Such application must be complete at least 25 days in advance of a regularly scheduled Board meeting to be considered by the Board at such Board meeting. The time for approval of completed applications under section 120.60, F.S., shall be deemed tolled between the date the application is complete and the next regularly scheduled Board meeting at which the application may be considered by the Board.

(5) If the Department determines that the application is complete, the application shall be presented to the Board at the next regularly scheduled Board meeting subject to the requirements in subsection (4) of this rule.

(6) If the Department determines that the application is incomplete, it shall send a deficiency notice to the applicant within thirty (30) days of receipt of the application.

(7) The applicant shall have forty-five (45) days from the date of the deficiency notice, unless that time is extended pursuant to an agreement with the Department, to:

(a) Furnish the requested information; or

(b) Show cause in writing why such information cannot be supplied.

(8) If the information requested in the deficiency notice is not timely submitted or if the applicant does not show why the requested information cannot be supplied, the application shall be considered an incomplete application. No additional deficiency notice shall be sent by the Department. Since the Department is not required to approve or deny an incomplete application, the Department’s file on the incomplete application shall be closed. Any applicant whose application file has been closed by the Department pursuant to this rule shall submit a new complete application, with the appropriate fees, if the applicant wishes to apply again for licensure with the Department.

(9) If the applicant submits a timely response indicating that the information or corrections requested in the deficiency notice cannot be supplied, the Department shall present the application to the Board based on the information currently contained in the application file.

(10) If all of the requested information in the deficiency notice is timely submitted, the application shall be presented to the Board at the next regularly scheduled Board meeting subject to the requirements in subsection (4) of this rule.

(11) PROOF OF SATISFYING EDUCATIONAL REQUIREMENTS. This rule section specifies procedures for use by licensure applicants to establish that they have satisfied educational requirements for licensure imposed pursuant to section 497.368, 497.369, 497.370, 497.371, 497.373, 497.374, 497.375, 497.377 or 497.602, F.S.

(a) PROOF OF CURRENT ENROLLMENT. An applicant for licensure who pursuant to section 497.375(1)(b)2., F.S., is subject to a licensure pre-requisite of being currently enrolled in a specified course of study, shall submit with their application proof of current enrollment complying with subparagraph 1. or 2., below:

1. An official academic transcript issued by the college or university conducting the course of study, identifying the applicant by name, stating the name of the course, showing applicant as enrolled in the course, and showing on the transcript an as-of date concerning the information shown in the transcript. No such transcript shall be accepted as proof of current enrollment unless the transcript shows an as-of date that is within 45 days of the date the application for licensure is received by the Division.

2. A certificate of enrollment issued by the college or university conducting the course, signed by an employee or faculty member of the college or university, naming the course enrolled in, stating that applicant is enrolled in the course as of the date the certificate is issued, and showing the date on which the certificate is issued. No such certificate shall be accepted as proof of current enrollment unless the certificate was issued within 45 days of the date the application for licensure is received by the Division.

(b) PROOF OF COMPLETION OF A COURSE. An applicant for licensure who pursuant to section 497.368, 497.369, 497.370, 497.371, 497.373, 497.374, 497.375, 497.377 or 497.602, F.S., is subject to a licensure pre-requisite of having completed a specified course of study, shall submit with their application for such licensure proof of completion of the required course of study consisting of:

1. An original academic transcript issued by the college or university conducting the course of study, identifying the applicant by name, stating the name of the course completed, and the date completed; or

2. An original certificate of course completion issued by the college or university conducting the course, signed by an employee or faculty member of the college or university, identifying the applicant by name, stating the name of the course completed, and the date completed.

(c) PROOF OF AWARD OF COLLEGE DEGREE. An applicant for licensure who pursuant to section 497.373, 497.374, 497.375 or 497.377, F.S., is subject to a licensure pre-requisite of having been awarded a college degree, shall submit with their application for such licensure proof of award of the degree in the form of an original academic transcript issued by the college or university awarding the degree, identifying the applicant by name, the courses taken, major area of study, degree awarded, and date degree awarded.

(d) EDUCATIONAL RECORDS NO LONGER AVAILABLE.

1. If an applicant shall assert that he or she has fulfilled the educational requirements for licensure but that he or she is unable through no fault of their own to obtain a required academic transcript, certificate of completion, or other required records, the applicant shall submit with their application for license their signed, dated, written statement concerning the matter. The written statement shall:

a. Identify the name and address of the person or entity that provided the education.

b. State why the applicant is unable to provide the required transcript, certificate, or other record.

c. Describe in as much detail as the applicant can recall or obtain, the education they received.

2. The applicant shall attach to the written statements all educational and other records the applicant has or can obtain, that support the applicant’s assertion that they have satisfied the education requirements of section 497.373 or 497.374, F.S., as applicable.

3. The applicant shall attach any written, signed statements by any persons who corroborate or otherwise support applicant’s assertions or who can provide other information in support of applicant’s assertions.

4. The Division shall conduct such investigation of the applicant’s assertions as the Division deems appropriate.

5. The Board shall review the application, written statements, and attachments, and other pertinent materials. The application for license shall be denied unless there is clear and convincing evidence that the applicant received an education complying with the applicable requirements of sections 497.373, 497.374, F.S.

(12)(a) This subsection applies only to license applications for the following categories of licensure:

1. Embalmer apprentice;

2. Embalmer intern;

3. Funeral director intern;

4. Funeral director & embalmer intern;

5. Embalmer;

6. Funeral director;

7. Funeral director & embalmer;

8. Direct disposers;

9. Training facilities.

(b) If the Division finds that an applicant for licensure in any of the license categories listed in paragraph (12)(a), has no criminal history required to be reported pursuant to chapter 497, F.S., and has never had disciplinary action taken in Florida or any other state against any funeral, cemetery, or other deathcare industry license held by the applicant, then such applicant and application shall not be required to appear before the Board, and the Division may approve and issue the license applied if and when the Division determines that the application is complete and the applicant meets all applicable requirements for the license applied for. Provided, the Division shall not approve any application as to which the applicant has a criminal history or a disciplinary record; all such applications shall be presented to the Board with the Division’s recommendation, for decision by the Board. The Division shall not deny any license application; all applications which the Division believes should be denied pursuant to applicable statutes and rules, shall be presented to the Board with the Division’s recommendation, for decision by the Board. The Division shall at each monthly meeting provide the Board with an informational list showing the name of each applicant approved by the Division pursuant to this subsection (12), and the type of license.

(13) RELICENSURE RELATED TO CHANGE OF OWNERSHIP.

(a) This subsection implements the requirement for relicensure of certain specified categories of licensees upon a change of ownership of the licensee, as specified in the following provisions of chapter 497, F.S.:

1. Funeral establishments, section 497.380(12)(a), F.S.;

2. Removal services, section 497.385(1)(g), F.S.;

3. Refrigeration services, section 497.385(1)(g), F.S.;

4. Centralized embalming facilities, section 497.385(2)(g), F.S.;

5. Monument establishments, section 497.553(6)(a), F.S..

(b) For the purposes of the above identified license categories, a change of ownership occurs whenever a person or entity acquires an ownership interest of greater than 50% in the licensee or in a legal entity that directly or through subsidiaries owns the licensee, which person or entity did not previously have such an ownership interest of greater than 50%. Provided, in the case of a licensee owned by a corporation, LLC, or other legal entity that is part of a group of legal entities under common control, and the ultimate parent entity restructures the group, if the licensee’s ultimate parent entity remains unchanged, there is no change of ownership, but a change of licensee name shall be filed with the Division, with the appropriate fee for issuance of a revised license certificate to reflect the different legal entity holding the license.

(c) A relicensure required under the statutes cited in this subsection shall be accomplished by filing the same form or forms as required for initial licensure, but noting on the application for license that the application relates to a change of ownership.

Rulemaking Authority 497.103(1), (2), (5)(b), 497.141(12)(g), 497.167(10), 497.380(12)(a), 497.385(1)(g), (2)(g), 497.553(6)(a) FS. Law Implemented 120.60, 497.103(1), (2), 497.141, 497.167(9), (10), (13), 497.380(12)(a), 497.385(1)(g), (2)(g), 497.553(6)(a) FS. History–New 10-13-09, Amended 1-24-13, 4-22-13, 5-10-17.