Subsection 497.370(2), F.S., requires an applicant for internship under the Embalmer Intern Training Program to meet the requirements of paragraphs 497.368(1)(b)-(e), F.S. Currently Rule 69K-18.001, F.A.C., only requires compliance with the ...

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Funeral, Cemetery, and Consumer Services

RULE NO.: RULE TITLE:

69K-18.001 Embalmer Intern Training Program.

69K-18.002 Funeral Director Intern Training Program.

PURPOSE AND EFFECT: Subsection 497.370(2), F.S., requires an applicant for internship under the Embalmer Intern Training Program to meet the requirements of paragraphs 497.368(1)(b)-(e), F.S. Currently Rule 69K-18.001, F.A.C., only requires compliance with the requirements of paragraphs 497.368(1)(b) and (c), F.S. In addition, the proposed amendment will update the rule to incorporate the requirements of subsection 497.370(2), F.S., to add a specific reference to the name of the form that the rule mandates, which form was previously incorporated in Rule 69K-1.001, F.A.C., and to clarify the filing fees. Regarding Rule 69K-18.002, F.A.C., the proposed amendment will clarify the filing fees, consistent with other rules regarding the Division of Funeral, Cemetery, and Consumer Services applications.

SUMMARY: Changes to Rule 69K-18.001, F.A.C., are to include statutory application requirements for the Embalmer Intern Training Program, to reference a form, and to clarify the filing fees. Changes to Rule 69K-18.002, F.A.C., are to clarify applicant filing fee requirements for the Funeral Director Intern Training Program.

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: The Department conducted an economic analysis of the potential impact of the proposed rule and determined that there will be no adverse economic impact or regulatory increases that would require legislative ratification.

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, FS.

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

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: December 17, 2015 @ 2 p.m.

PLACE: Room 143, Larson Building, 200 East Gaines Street, Tallahassee, Florida

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Ellen Simon at [phone] or [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ellen Simon, Assistant Division Director, Division of Funeral, Cemetery and Consumer Services, address: Department of Financial Services, 200 E. Gaines Street, Tallahassee, Florida 32399-0361, telephone: [phone], e-mail: [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 submit an application for registration to the Division. Department together with Aa 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 paragraphs Section 497.368(1)(b)-(e) and (c), F.S. The completed application shall be filed with the Division at the address stated on the form.

(2) through (5) 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 _______________.

 

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 a form DFS-N1-1722, “Application for Funeral Director Intern License,” which is incorporated by reference 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 fee of $100 and an unlicensed activity fee of $5, which shall accompany the form.

(b) through (c) No change.

(3) through (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 their internship by filing with the Division a completed form DFS-N1-2036, “Application to Renew Internship To Continue Course of Study” which is incorporated by reference in Rule 69K-1.001, F.A.C. 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, which shall accompany the form.

(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 their internship pursuant to Section 497.375(4)(c), F.S., shall apply to renew their internship by filing with the Division a completed form DFS-N1-2037 “Application to Renew Internship Due to Illness, Injury, Hardship, or Awaiting Exam Results,” which is incorporated by reference in Rule 69K-1.001, F.A.C. 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, which shall accompany the form.

(c) through (f) No change.

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

(a) through (b) No change.

(c) An intern under Section 497.375(1)(b)2.b., F.S., may apply to take the laws –and -rules examination required under Section 497.373(2)(b), F.S. (hereinafter the “Florida Law & Rules Exam law & rules exam”), by completing and submitting a form DFS-N1-2038 “Application to Take the Law & Rules Exam,” which is incorporated by reference in Rule 69K-1.001, F.A.C. The application shall be accompanied by the applicable laws and & rules examination fee pursuant to Section 497.376, F.S., and Rule 69K-17.001, F.A.C. The application fee of $100 and an unlicensed activity fee of $5 shall accompany the form.

(d) through (e) No change.

(9) 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, 497.373, 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, Amended _______________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ellen Simon

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jeff Atwater, CFO

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 03, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 8, 2015