(1) For purposes of definitions, the following shall apply to this rule:

Terms Used In Florida Regulations 69K-17.0041

  • Fraud: Intentional deception resulting in injury to another.
    (a) “”Board”” means the Board of Funeral, Cemetery, and Consumer Services;
    (b) “”Course”” means any course, seminar or other program of instruction which has been approved by the Board for the purposes of complying with continuing education requirements. All courses given by a mortuary school or college approved by the American Board of Funeral Service Education shall be approved courses with application to the Board for continuing education approval pursuant to Fl. Admin. Code R. 69K-17.0042
    (c) “”Hour”” means a minimum of fifty minutes or a maximum sixty minutes of classroom or alternative non-classroom continuing education.
    (d) “”Continuing Education Provider”” means the person or legal entity that is approved pursuant to this rule and that is responsible for conducting a course approved pursuant to this rule chapter.
    (2) To receive Board approval, a course provider shall demonstrate to the Board that its instructors have special training, knowledge, or skill regarding the content of the continuing education course. Providers must submit to the Board the application form, as referenced in subsection 69K-14.007(19), F.A.C., together with the required fee. No continuing education provider may offer continuing education courses or grant continuing education credit hours until it has received the Board’s approval in accordance with this rule.
    (3) Upon approval, each continuing education provider shall be issued a continuing education provider number. Continuing education provider numbers shall be valid, upon approval by the Board, unless subject to discipline, until May 31st of odd numbered years. Continuing education provider numbers must be renewed biennially. Providers shall use their number in the course syllabus, in all other course materials including certificates of completion, and in all advertising materials.
    (4)(a) The continuing education provider must submit to the Board written notice of any substantial changes in the information provided in the initial request for course approval. This notification must be made within 30 days following the date the change is effective, and
    (b) The continuing education provider must submit to the Department electronic documents as required by Department Fl. Admin. Code R. 61-6.015
    (5) A list of all currently approved continuing education providers shall be available on the Board of Funeral, Cemetery, and Consumer Services’ website accessible from: http://www.fldfs.com and from the Board’s office.
    (6) The Board shall deny, suspend, or revoke the provider number and approval of any provider for any of the following acts or omissions:
    (a) Obtaining, or attempting to obtain registration or course approval, through fraud, deceit, false statements or misrepresentation of material facts, whether such statements or misrepresentations are made knowingly or negligently.
    (b) Failing to provide complete and accurate information in the initial application or in any notification of change in information.
    (c) Failing to timely notify the Board of a change in the information required for approval as a continuing education provider.
    (d) Falsifying of any records regarding the continuing education courses conducted by the provider or the persons who attended the course.
    (e) Failing to maintain any required records regarding the continuing education courses conducted by the course provider or the persons who completed the course.
    (f) Failing to provide the Board with copies of any documentation or other information required to be maintained by the course provider pursuant to this rule.
    (g) Advertising that a course has been approved by the Board prior to the date the approval is granted.
    (h) Participating in any activity designed or intended to circumvent or evade the requirements of Florida Statutes Chapter 497, or the rules adopted by the Board.
    (7) In the event of suspension or revocation of a provider’s approval and number, the provider shall cancel all scheduled courses and refund all fees collected by the continuing education provider in connection with the scheduled courses.
    (8) The Board shall approve or deny any application for provider at the first available meeting of the Board. If the application is denied, the Board shall identify the specific reasons for the denial in writing. A provider that has been denied may have its application resubmitted to the Board with modifications.
    (9) The Board shall not deny or withdraw approval for any provider on the basis that another provider is offering the same or a similar course approved by the Board.
Rulemaking Authority 497.103, 497.147 FS. Law Implemented Florida Statutes § 497.147. History-New 4-10-94, Amended 1-25-95, 3-14-95, 7-25-95, 9-25-95, 6-24-01, 12-24-01, Formerly 61G8-17.0041.