Florida Regulations 69K-1.002: Fingerprint Requirement and Waiver
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(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 Fl. Admin. Code R. 69K-1.001 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 law enforcement officer, as defined in Florida Statutes § 943.10, 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.
Rulemaking 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 6-1-08.
Terms Used In Florida Regulations 69K-1.002
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Trustee: A person or institution holding and administering property in trust.
(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 Fl. Admin. Code R. 69K-1.001 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 law enforcement officer, as defined in Florida Statutes § 943.10, 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.
Rulemaking 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 6-1-08.