69K-5.0021. Application for Preneed License Branch Office License

(1) Every Preneed Licensee that is part of a common business enterprise and elects to operate under a different name shall apply to the Board for a license to operate a branch office by submitting the following:

(a) A completed Application for Preneed Branch Office License, Form DFS-PNLB, which is incorporated by reference in rule 69K-1.001, F.A.C., and available on the Department’s website at http://www.MyFloridacfo.com/Division/FuneralCemetery/. The licensee must submit an application that was signed less than thirty (30) days prior to receipt by the Division; and

(b) An application fee of $150 and an unlicensed activity fee of $5 for the annual period beginning July 1 of each year or any part thereof.

(2) A branch office shall be defined for purposes of this rule to be any location at which the preneed licensee sells, or offers for sale, funeral or cemetery goods or services on a preneed basis in a name different from the name of the common business enterprise. Location identifiers shall not constitute a different name. The branch office may be the same business entity, a qualified corporate agent, corporate subsidiary or other entity as defined in subsection 69K-5.0015(2), F.A.C.

(3) For the purposes of this rule, the name of the common business enterprise shall be considered to be that listed as the entity registered as a Preneed Licensee.

(4) “Operate under a different name” shall be defined for the purposes of this rule as the manner in which the preneed licensee extends itself to the public at any given location. This includes but is not limited to the name of the business as listed on business signs, in advertisements, and on contracts entered into with purchasers either on an at need or preneed basis. The name of the entity listed as “seller” on a preneed contract shall not be the sole determination of the name in which the entity operates.

(5) Request for additional information. Any request for additional information will be made by the Executive Director of the Board within thirty (30) days after receipt of the application by the Board. The additional information must be received by the Board within forty-five (45) days from the date of request. Failure to respond to the request shall be construed by the Board as grounds for denial for failure to complete the application, and the application shall be denied pursuant to section 120.60(2), F.S.

(6) Withdrawal of Application. An applicant, can request withdrawal of an application prior to a determination of the application being made by the Board of Funeral, Cemetery, and Consumer Services by submitting a written request that the application be withdrawn.

(7) Refunds. If the application is withdrawn or denied, the application fee is non-refundable.

(8) Upon approval of the application, a preneed license branch office license will be issued for the remainder of the annual license period ending June 30 of each year.

Rulemaking Authority 497.103, 497.453 FS. Law Implemented 497.103, 497.140, 497.453 FS. History–New 6-5-97, Amended 12-12-00, 9-18-01, Formerly 3F-5.0021, Amended 12-24-18.