The proposed rule amendments are intended to modify, clarify and update the language as needed.

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Funeral, Cemetery, and Consumer Services

RULE NOS.:RULE TITLES:

69K-18.001Embalmer Intern Training Program.

69K-18.002Funeral Director Intern Training Program.

69K-18.003Concurrent Internships.

PURPOSE AND EFFECT: The proposed rule amendments are intended to modify, clarify and update the language as needed.

SUMMARY: Rule 69K-18.001, F.A.C.-The proposed rule amendment is intended to modify, clarify and update language regarding embalmer intern training program. Rule 69K-18.002, F.A.C.-The proposed rule amendment is intended to modify, clarify and update language regarding funeral director intern training program. Rule 69K-18.003, F.A.C.-The proposed rule amendment is intended to modify, clarify and update language regarding concurrent internships.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, and the substance of the rule amendment, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary because the rule does not impose additional rights, obligations, or duties on any persons or any businesses, and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 497.103, 497.103(2)(c), 497.103(5), 497.103(5)(b), 497.103(2)(c), (g), 497.141(2), (4), (12)(g), 497.370, 497.370(3), 497.375(2), 497.377 FS.

LAW IMPLEMENTED: 497.140, 497.140, 497.141, 497.147, 497.368, 497.370, 497.371, 497.373, 497.375, 497.377 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ellen Simon, Assistant Director, Division of Funeral, Cemetery, and Consumer Services, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0361, [phone], Ellen [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69K-18.001 Embalmer Intern Training Program.

(1) Persons desiring licensure to become an intern embalmer shall apply for a license by completing Form DFS-N1-1708, “Application for Embalmer Intern License,” which is incorporated by reference in rule 69K-1.001, F.A.C., and filing it with the Division. A one-hundred dollar ($100.00) nonrefundable application fee and an unlicensed activity fee of five dollars ($5.00) shall accompany the form. Such application shall demonstrate that the applicant for registration meets the requirements of sections 497.368(1)(b)-(e), F.S. The completed application shall be filed with the Division at the address stated on the form.

(2) through (5) No change.

(6)  A member of the United States Armed Forces, such member’s spouse, and a veteran of the United States Armed Forces who separated from service within 2 years preceding the application for licensure are exempt from the application fee and the initial unlicensed activity fee. The military record must show such member is currently in good standing or such veteran was honorably discharged.

Rulemaking Authority 497.103, 497.370 FS. Law Implemented 4979.140, 497.368, 497.370, 497.371 FS. History–New 11-11-79, Amended 7-28-80, 8-10-83, 10-16-85, Formerly 21J-18.01, Amended 12-11-88, 11-15-92, Formerly 21J-18.001, Amended 1-8-95, 7-14-99, Formerly 61G8-18.001, Amended 1-5-17,                  .

 

69K-18.002 Funeral Director Intern Training Program.

(1) No change.

(2) APPLICATION FOR FUNERAL DIRECTOR INTERN LICENSE.

(a) No change.

(b) A member of the United States Armed Forces, such member’s spouse, and a veteran of the United States Armed Forces who separated from service within 2 years preceding the application for licensure are exempt from the application fee and the initial unlicensed activity fee. The military record must show such member is currently in good standing or such veteran was honorably discharged.

(c)(b) Applicants shall submit with their application for license, proof of satisfying the education requirements of section 497.375(1)(b), F.S. The applicant shall submit, with the application, proof of satisfying education requirements complying with section 497.373, F.S.

(d)(c) If the Division determines that the applicant for internship has no reportable criminal history within the meaning of section 497.142(10)(c), F.S., and has no record of disciplinary action against any professional license, and otherwise meets the criteria for issuance of the internship license pursuant to section 497.375, F.S., the Division shall so notify the applicant in writing, and upon receipt of such written notification the applicant may commence their internship; provided, all such approvals by the Division shall be reported to the Board at its next regular monthly meeting and shall be subject to ratification by the Board. As to any applicant which the Division determines has a reportable criminal history within the meaning of section 497.142(10)(c), F.S., or has a record of disciplinary action against any professional license, or fails to meet any criteria for issuance of the internship license pursuant to section 497.375, F.S., the Division shall present the application to the Board for its decision at the Board’s next regular in-person monthly meeting.

(3) through (10) No change.

Rulemaking Authority 497.103(5)(b), 497.103(2)(c), (g), 497.375(2), 497.141(2), (4), (12)(g) FS. Law Implemented 497.140, 497.141, 497.147, 497.373, 497.375 FS. History–New 11-11-79, Amended 6-4-80, 8-10-83, Formerly 21J-18.02, Amended 12-11-88, 11-15-92, Formerly 21J-18.002, Amended 1-8-95, 7-14-99, Formerly 61G8-18.002, Amended 8-13-12, 1-5-17,              .

 

69K-18.003 Concurrent Internships.

(1) No change.

(2) GENERAL - An applicant for concurrent internship must meet all the separate requirements for the funeral director internship, and the embalmer internship. An applicant for concurrent internship shall complete and file with the Division form DFS-N1-1732, “Application for Concurrent Intern License,” which is incorporated by reference in rule 69K-1.001, F.A.C. Unless exempt, tThe application shall be accompanied by payment of the application fee specified on the form. The application fee is nonrefundable.

(3) through (6) No change.

Rulemaking Authority 497.103(2)(c), 497.103(5), 497.141(2) and (12)(g), 497.370(3), 497.375(2), 497.377 FS. Law Implemented 497.368, 497.370, 497.373, 497.375, 497.377 FS. History–New 11-11-79, Formerly 21J-18.03, 21J-18.003, 61G8-18.003, Amended 7-17-12,                     .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ellen Simon, Assistant Director, Division of Funeral, Cemetery, and Consumer Services, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0361, [phone], Ellen [e-mail].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Funeral, Cemetery, and Consumer Services

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 6, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 19, 2018