69K-1.002: Fingerprint Requirement and Waiver
PURPOSE AND EFFECT: Each applicant and entity seeking a license pursuant to Sections 497.263, 497.264, 497.281, 497.368, 497.369, 497.370, 497.373, 497.374, 497.380, 497.385, 497.453, 497.466, 497.550, 497.554, 497.602, 497.604, and 497.606, F.S., is required to submit fingerprints to the Department for a criminal history report. Section 497.142(12), F.S., authorizes the Department to adopt rules that establish forms, procedures, and fees for the submission and processing of fingerprints required to be submitted pursuant to Chapter 497, F.S. That section also authorizes the Department to waive the fingerprint submission requirement if the person has within the preceding 24 months submitted fingerprints to the Department and the Department obtained a criminal history report using those prior fingerprints.
SUMMARY: Proposed Rule 69K-1.002, F.A.C., specifies which persons are required to submit fingerprints on behalf of an entity seeking a license pursuant to Chapter 497, F.S.; exempts applicants who had previously submitted fingerprints within two years and the Department obtained a criminal history report; and authorizes fingerprints to be submitted either in an electronic format or by using a paper fingerprint card.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 497.103(5)(b), 497.141, 497.142(12) FS.
LAW IMPLEMENTED: 497.141, 497.142, 497.263, 497.264, 497.281, 497.368, 497.369, 497.370, 497.373, 497.374, 497.380, 497.385, 497.453, 497.466, 497.550, 497.554, 497.602, 497.604, 497.606 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: March 24, 2008, 2:00 p.m.
PLACE: Alexander Building, 2020 Capital Circle, S.E., 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 5 days before the workshop/meeting by contacting: Diana Marr, (850)413-3039 or diana.marr@fldfs.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: Diana Marr, Director, Division of Funeral, Cemetery, and Consumer Services, Alexander Building, 2020 Capital Circle S.E., Tallahassee, Florida 32399-0361, (850)413-3039
THE FULL TEXT OF THE PROPOSED RULE IS:
69K-1.002 Fingerprint Requirement and Waiver.
(1) Each person and entity applying for a license under Chapter 497, F.S., shall submit fingerprints to the Department for a criminal history report as part of the license application process as follows:
(a) Where the applicant is a natural person, the fingerprints of the natural person making application;
(b) Where the applicant is a corporation, the fingerprints of the persons serving in the following capacities: chief executive officer and president, or both persons if the positions are filled by different persons; chief financial officer; chief of operations; general counsel if a corporation employee; and members of the board;
(c) Where the applicant is a limited liability company, the fingerprints of each manager and member of the limited liability company;
(d) Where the applicant is a partnership, the fingerprints of each partner;
(e) Where the applicant is a trust, the fingerprints of each trustee.
(2) Persons and entities already licensed under Chapter 497, F.S., as of 10-1-05 are not required to submit their fingerprints to renew or retain their existing licenses. However, if such person or entity applies for an additional license under Chapter 497, F.S., such person or entity shall be required to submit their fingerprints to the Department.
(3) Applicants are exempt from submitting fingerprints if, within two (2) years preceding their new application, they had previously submitted their fingerprints to the Department of Financial Services in relation to some other type of license application, and the Department obtained a criminal history report utilizing those prior fingerprints.
(4) Fingerprints may be submitted to the Department either in an electronic format or by using a paper fingerprint card.
(5) Information about submitting electronic fingerprints is on the Department’s website: http://myfloridacfo.com/FuneralCemetery/.
(6)(a) The Department uses the fingerprint cards of the United States Department of Justice, Federal Bureau of Investigation, Form No. FD-258 (rev. 5-11-99), which is incorporated by reference in Rule 69K-1.001, F.A.C. Applicants shall obtain this fingerprint card form from the Department with a pre-stamped ORI number to ensure that fingerprint results are sent to the correct agency. Fingerprint cards shall be obtained from the Department prior to submitting an application by calling (850)413-3039.
(b) The fingerprints shall be taken by a certified law enforcement officer, as defined in Chapter 943, F.S., or by an employee of a law enforcement agency whose duty it is to perform fingerprint services for the public.
(c) The completed fingerprint cards shall be mailed to the Department of Financial Services, Division of Funeral, Cemetery, and Consumer Services, 200 East Gaines Street, Tallahassee, Florida 32399-0361, accompanied by a nonrefundable processing fee.
Specific Authority 497.103(5)(b), 497.141, 497.142(12) FS. Law Implemented 497.141, 497.142, 497.263, 497.264, 497.281, 497.368, 497.369, 497.370, 497.373, 497.374, 497.380, 497.385, 497.453, 497.466, 497.550, 497.554, 497.602, 497.604, 497.606 FS. History– New_________.