69K-21.005: Display of Licenses.
PURPOSE AND EFFECT: This rulemaking action implements changes to Sections 497.380(15), 497.604(1), 497.376(2) and 497.602(5), Florida Statutes, as enacted by the Florida legislature in Chapter 2010-125, Laws of Florida. Prior to enactment of the changes referred to above, each funeral home and direct disposal establishment had to have each professional staffer post their license inside the establishment in a conspicuous location; the license had to be an original and there had to be a photo less than 2 years old attached to the license. The statutory changes allow the photo to be up to 6 years old, and, if a staffer member works at more than one location, they can post a copy of their license at the 2nd and subsequent locations (they do not need to obtain additional original licenses from the Division (which requires payment of a fee). Licensees thus save money and trouble due to less frequently having to replace photos, and not having to obtain extra originals of licenses issued to them. This rule was approved by the Board of Funeral, Cemetery, and Consumer Services on January 6, 2011.
SUMMARY: Changes the allowable age of photos that must be attached to posted copies of specified establishments licensed under Chapter 497, F.S.
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 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: knowledge and experience of Department staff.
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: 497.380(10), 497.604(9)(c), 497.103(5), 497.103(1)(n) FS.
LAW IMPLEMENTED: 497.380(10), 497.604(9)(C), 497.380(15), 497.604(1) 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: January 12, 2012, 10:00 a.m.
PLACE: Room 332, Pepper Building, 111 W. Madison Street, Tallahassee, Florida
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 48 days before the workshop/meeting by contacting: LaTonya Bryant-Parker, at (850)413-4957, or by email at LaTonya.Bryant-Parker@MyFloridaCFO.com. 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: Douglas Shropshire, Executive Director, Board of Funeral, Cemetery, and Consumer Services, Division of Funeral, Cemetery, and Consumer Services, Department of Financial Services, 200 East Gaines Street, Tallahassee, FL 32399-0361, (850)413-4984; shropshired@MyFloridaCFO.com. Direct any request for a hearing to Mr. Shropshire.
THE FULL TEXT OF THE PROPOSED RULE IS:
69K-21.005 Display of Licenses.
(1) This rule implements Sections 497.380(15) and 497.604(1), Florida Statutes.
(2)(1) The current establishment license and the license of any funeral director or embalmer or direct disposer employed in the establishment shall be displayed for public inspection, in a conspicuous place inside the establishment in such a manner as to make them visible to patrons of the establishment and facilitate inspection by the Department. The following documents must be readily available, upon demand, for public inspection at all times:
(a) Current licenses/registrations of all employees or copies thereof;
(b) Latest inspection report or copies thereof;
(c) Current copy of inspection rules and inspection criteria adopted by the Board or Department.
(2) renumbered (3) No change.
(4)(3) The photograph attached to the license pursuant to Sections 497.380(15) and 497.604(10), Florida Statutes, shall be Each license issued to a funeral director or embalmer shall include a photograph of the licensee, approximately two inches by two inches, not more than 6 years old, and less than 2 years old, permanently affixed to the displayed license.
Rulemaking Specific Authority 497.103(1)(n), 497.103(5), 497.380(10), 497.604(9)(c) 497.103, 497.376 FS. Law Implemented 497.380; 497.604 97.376 FS. History–New 12-19-90, Formerly 21J-21.005, 61G8-21.005. Amended 5-20-93,________.