The proposed rulemaking will incorporate a recent change to Rule 69K-18.004, F.A.C., into Form DFS-N1-1749, reducing the number of embalming cases required per year in order to become a training agency. The rulemaking reduces ....

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Funeral, Cemetery, and Consumer Services

RULE NO.:RULE TITLE:

69K-18.001Embalmer Intern Training Program.

69K-18.002Funeral Director Intern Training Program.

69K-18.003Concurrent Internships.

69K-18.004Intern Training Agencies.

PURPOSE AND EFFECT: The proposed rulemaking will incorporate a recent change to Rule 69K-18.004, F.A.C., into Form DFS-N1-1749, reducing the number of embalming cases required per year in order to become a training agency. The rulemaking reduces embalming cases required from (40) to twenty (20) to comport with the newest rule promulgated by the Board of Funeral, Cemetery, and Consumer Services through the Office of Attorney General. The rulemaking will also clarify the wording on and incorporate ten (10) forms applicable to these rules.

SUMMARY: These rules establish the criteria and procedure for: the embalmer intern training program, the funeral director intern training program, the embalmer and funeral director intern training program, and an intern training agency.

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:

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, 497.141, 497.370, 497.375, F.S.

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

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, Department of Financial Services, Division of Funeral, Cemetery, and Consumer Services, [phone], [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,” effective MM/YY, which is incorporated by reference and available at http://www.myfloridacfo.com/Division/funeralcemetery/ or https://www.flrules.org/gateway/_____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) Embalmer internship training shall be received at an approved training agency under the direct supervision of a Florida licensed embalmer in good standing who shall certify by quarterly reports the training activities engaged in by the intern during the preceding calendar quarter.  Direct supervision means responsible supervision and control, with the licensed embalmer providing both initial directions as well as periodic inspection of the embalming service. The supervising embalmer shall be physically present or on the premises at all times when the intern is performing the services. If during the course of his internship training the embalmer intern receives instructions from more than one licensed Florida embalmer, each instructor shall be required to certify the training, giving the dates during which instruction was given and the training activities engaged in by the intern under his supervision.

(a) Direct supervision means responsible supervision and control, with the licensed embalmer providing both initial directions as well as periodic inspection of the embalming service. The supervising embalmer shall be physically present or on the premises at all times when the intern is performing the services.  

(b) If during the course of his internship training the embalmer intern receives instructions from more than one licensed Florida embalmer, each instructor shall be required to certify the training, giving the dates during which instruction was given and the training activities engaged in by the intern under his supervision. 

(c) To notify the Division of termination of supervision and/or change in supervisor, the intern must file Form DFS-N1-1734, Notice of Termination/Change of Supervisor, effective MM/YY, which is incorporated by reference and available at http://www.myfloridacfo.com/Division/funeralcemetery/ or https://www.flrules.org/gateway/_____. 

(3) through (6) No change. 

Rulemaking Authority 497.103, 497.370 FS. Law Implemented 497.140, 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, 2-20-19, _____. 

 

69K-18.002 Funeral Director Intern Training Program. 

(1) No change. 

(2) APPLICATION FOR FUNERAL DIRECTOR INTERN LICENSE. 

(a) Persons desiring licensure as a funeral director intern shall apply for such license by completing Form a form DFS-N1-1722, “Application for Funeral Director Intern License,” effective MM/YY, which is incorporated by reference and available at http://www.myfloridacfo.com/Division/funeralcemetery/ or https://www.flrules.org/gateway/_____,in Rule 69K-1.001, F.A.C., and filing same, together with a nonrefundable fee of $105, with the Division. The application form shall be filed with the Division at the address stated on the form. The fee includes an application of $100 and an unlicensed activity fee of $5, which shall accompany the form. 

(b) through (d) No change. 

(3) ENROLLMENT IN COURSE OF STUDY WHILE INTERNING. This rule section implements Section 497.375(1)(b)2., F.S. 

(a) through (d) No change. 

(e) A funeral director intern licensed under Section 497.375(1)(b)2., F.A.C., shall during the internship remain continuously enrolled in, and attending as required by the college or university, the course of study indicated in their internship application (hereinafter in this rule section the “course of study”), until the course of study is successfully completed or the internship ends.   

1. No change. 

2. If an intern’s internship supervisor is notified by the intern they supervise, licensed under Section 497.375(1)(b)2., F.A.C., that the intern has, prior to successful completion of the course of study, ceased or been terminated from current enrollment in the course of study or has ceased attendance in the course of study, the supervisor shall immediately suspend all activities under the internship and within 20 calendar days shall complete and file with the Division Form a form DFS-N1-2040 “Report of Suspension of Intern’s Conditions of Internship,” effective MM/YY, which is incorporated by reference in Rule 69K-1.001, F.A.C. and available at http://www.myfloridacfo.com/Division/funeralcemetery/ or https://www.flrules.org/gateway/_____. If the supervisor receives information from a source the supervisor deems reliable, specifically asserting that the intern they supervise, licensed under Section 497.375(1)(b)2., F.S., has, prior to successful completion of the course of study, ceased or been terminated from current enrollment in the course of study or has ceased attendance in the course of study, the supervisor shall within 20 calendar days require the intern to provide the supervisor written proof from the school that the intern is currently enrolled in and attending the course of study, and if such proof is not received within 20 days of the supervisor’s request the supervisor shall immediately suspend all activities under the internship and within 5 business days shall complete and file with the Division a form DFS-N1-2040 “Report of Suspension of Intern’s Conditions of Internship,” which is incorporated by reference in Rule 69K-1.001, F.A.C. 

3. No change.  

(4) IDENTIFICATION OF TRAINING AGENCY AND SUPERVISOR; CHANGES. 

(a) through (d) No Change. 

(e) To notify the Division of termination of supervision and/or change in supervisor, the intern must file Form DFS-N1-1734, Notice of Termination/Change of Supervisor, which is incorporated by reference in paragraph 69K-18.001(2)(c). 

(e) renumbered (f) No change.

(5) No change. 

(6) RENEWAL OF FUNERAL DIRECTOR INTERNSHIP TO CONTINUE COURSE OF STUDY. 

(a) through (b) No change. 

(c) An intern whose internship license was applied for and granted under Section 497.375(1)(b)2., F.S., may apply to renew the internship by filing with the Division a completed Form form DFS-N1-2036, “Application to Renew Internship to Continue Course of Study,” effective MM/YY, which is incorporated by reference in Rule 69K-1.001, F.A.C. and available at http://www.myfloridacfo.com/Division/funeralcemetery/ or https://www.flrules.org/gateway/_____. The application shall be accompanied by a nonrefundable fee of $105. The fee includes an application fee of $100 and an unlicensed activity fee of $5. 

(d) through (i) No change. 

(7) RENEWAL OF FUNERAL DIRECTOR INTERNSHIP DUE TO ILLNESS, INJURY, HARDSHIP, OR AWAITING EXAM RESULTS. 

(a) No change. 

(b) An intern seeking to renew the internship pursuant to Section 497.375(4)(c), F.S., shall apply to renew the internship by filing with the Division a completed Form form DFS-N1-2037, “Application to Renew Internship Due to Illness, Injury, Hardship, or Awaiting Exam Results,” effective MM/YY, which is incorporated by reference in Rule 69K-1.001, F.A.C. and available at http://www.myfloridacfo.com/Division/funeralcemetery/ or https://www.flrules.org/gateway/_____. The application shall be accompanied by a nonrefundable fee of $105. The fee includes an application fee of $100 and an unlicensed activity fee of $5. 

(c) through (f) No change. 

(8) SUPERVISION – SHIFT FROM DIRECT TO GENERAL SUPERVISION. 

(a) through (c) No change. 

(d) An intern under Section 497.375(1)(b)2.b., F.S., desiring to change to general supervision, shall submit a completed Form form DFS-N1-2039 “Certification for General Supervision of Intern,” effective MM/YY, which is incorporated by reference in Rule 69K-1.001, F.A.C. and available at http://www.myfloridacfo.com/Division/funeralcemetery/ or https://www.flrules.org/gateway/_____. The certification shall be signed by the funeral director in charge (FDIC) of the training agency where the intern is receiving training, to certify that in the FDIC’s opinion the intern is competent to complete the internship under general supervision. 

(e) No Change.  

(9) TRAINING REPORTS. 

(a) An intern’s internship supervisor shall prepare and file training reports concerning the intern’s performance, on a calendar quarter basis, throughout the internship, including any renewal of the internship, and whether the intern is performing under direct or general supervision. The reports shall be filed with the Division on Form form DFS-N1-1747, “Supervisor’s Quarterly Report of Apprentice or Intern Training,” effective MM/YY, which is incorporated by reference in Rule 69K-1.001, F.A.C. and available at http://www.myfloridacfo.com/Division/funeralcemetery/ or https://www.flrules.org/gateway/_____. 

(b) through (e) No change. 

(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, 2-20-19, _____. 

 

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 form DFS-N1-1732, “Application for Concurrent Intern License,” effective MM/YY, which is incorporated by reference in Rule 69K-1.001, F.A.C. and available at http://www.myfloridacfo.com/Division/funeralcemetery/ or https://www.flrules.org/gateway/_____. Unless exempt, the application shall be accompanied by payment of the application fee specified on the form. The application fee is nonrefundable. 

(3) through (6) No change. 

(7) To notify the Division of termination of supervision and/or change in supervisor, the intern must file Form DFS-N1-1734, Notice of Termination/Change of Supervisor, which is incorporated by reference in paragraph 69K-18.001(2)©. 

Rulemaking Authority 497.103(2)©, 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, 2-20-19, _____. 

 

69K-18.004 Intern Training Agencies. 

(1) No change. 

(2) Funeral establishments desiring to become registered as an intern training agency pursuant to Sections 497.370 and 497.375, F.S., shall submit an application for such approval to the Division on Form DFS-N1-1749, “Registration as a Training Agency,” effective MM/YY, which is incorporated by reference and in Rule 69K-1.001, F.A.C. The form is available on the Department’s website at http://www.myfloridacfo.com/Division/funeralcemetery/ or https://www.flrules.org/gateway/_____. 

(3) through (7) No change. 

Rulemaking Authority 497.103, 497.370, 497.375 FS. Law Implemented 497.370, 497.375 FS. History–New 11-11-79, Formerly 21J-18.04, Amended 5-24-89, 5-19-91, Formerly 21J-18.004, 61G8-18.004, Amended 3-16-17, 12-21-23, _____. 

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ellen Simon, Assistant Director

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jimmy Patronis, Chief Financial Officer

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 30, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 1, 2024