The Florida Senate

¹497.161  Other rulemaking provisions.--

(1)  In addition to such other rules as are authorized or required under this chapter, the following additional rules, not inconsistent with this chapter, shall be authorized by the licensing authority.

(a)  Rules by the board defining any technical term used but not defined in this chapter, and defining the terms "at-need" and "preneed" as used in this chapter.

(b)  Rules by the board defining and regulating hazardous materials generated in connection with the practice of embalming, funeral directing, or direct disposition.

(c)  Rules by the board governing the operation of cemeteries in this state.

(d)  Rules establishing a fee of up to $100 for issuance of a duplicate license or for a name change on a license.

(e)  Rules allowing and prescribing procedure and formats for the electronic submission of any applications, documents, filings, or fees required by this chapter.

(f)  Rules establishing procedures for investigation, financial examination, and inspection of licensees.

(g)  Rules establishing procedures by which the department may use the expert or technical advice of the board or members of the board for the purposes of any investigation, inspection, or financial examination, without thereby disqualifying the board member from voting on final action in the matter.

(h)  In connection with the statutory revisions by the 2005 Regular Session of the Legislature merging chapters 470 and 497 as those chapters appeared in the 2004 edition of the Florida Statutes and the elimination of the former boards under those chapters and the movement of regulation out of the Department of Business and Professional Regulation, the licensing authority shall through July 1, 2006, be deemed to have extraordinary rulemaking authority to adopt any and all rules jointly agreed by the board and the department to be necessary for the protection of the public concerning the regulation of the professions and occupations regulated under this chapter, or for the relief of licensees regulated under this chapter concerning any impacts which the department and the board jointly agree were unintended or not contemplated in the enactment of the 2005 legislative changes. The authority under this paragraph and any rules adopted under authority of this paragraph shall expire July 1, 2006.

(2)  In addition to challenges for any invalid exercise of delegated legislative authority, no rule shall be adopted under this chapter, and the administrative law judge upon such a challenge by the department or the board may declare all or part of a rule or proposed rule invalid, if the rule or proposed rule:

(a)  Does not protect the public from any significant and discernible harm or damages;

(b)  Unreasonably restricts competition or the availability of professional services in the state or in a significant part of the state; or

(c)  Unnecessarily increases the cost of professional services without a corresponding or equivalent public benefit.

However, there shall not be created a presumption of the existence of any of the conditions cited in this subsection in the event that the rule or proposed rule is challenged.

(3)  The department and the board shall each have standing under chapter 120 for the purposes of challenging rules or proposed rules under this chapter.

History.--s. 31, ch. 2004-301.

¹Note.--Effective October 1, 2005.