Current through Reg. 50, No. 187; September 24, 2024
(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.
New 10-13-09, Amended 1-24-13, 4-22-13,
5-10-17.
