The Florida Senate

497.161  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.

(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. This subsection shall not be interpreted to deny standing to a licensee to challenge any rule under this chapter if the licensee would otherwise have standing.

History.--s. 31, ch. 2004-301; s. 17, ch. 2005-155; s. 15, ch. 2007-6.