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Florida Administrative Code (Last Updated: April 18, 2024) |
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69. Department of Financial Services |
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69K. Division of Funeral, Cemetery, and Consumer Services |
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69K-5. Cemetery Regulation And Preneed Sales |
1(1) Application. A person, a group of persons or a corporation proposing to purchase or acquire control of an existing cemetery company either by purchasing the outstanding capital stock of any cemetery company, or the interest of the owner or owners, and thereby to change the control of said cemetery company, shall file the following applications with the Department by mail to the Division of Funeral, Cemetery and Consumer Services, Revenue Processing, P.O. Box 6100, Tallahassee, Florida 32399-6100.
79(a) Completion of an Application for Authority to Acquire Control of an Existing Cemetery Company, Form DFS-F35, adopted in rule 9969K-1.001, 100F.A.C., shall be accompanied by a license fee which is based on the cemetery’s gross sales for the previous fiscal year, pursuant to section 124497.265, F.S.
126(b) Completion of an Application to Transact Cemetery Business, Form CEM, adopted in rule 14069K-1.001, 141F.A.C., shall be accompanied by a license fee based on the cemeteries’ last fiscal year sales pursuant to section 160497.265, F.S.
162(2) Existing license must be returned to the Board for cancellation. No license is transferable or assignable.
179(3) Conditions. Any deficits must be cleared by present owner to trust funds or a written statement waiving a final examination must be signed by the purchaser; thereby making him responsible for any deficits to the trust fund. If a new trustee is appointed, a copy of the trust agreement must be approved by the Department before the trust fund is transferred.
241(4) Investigation. The Department shall investigate the following conditions:
250(a) Character, reputation, financial standing, and business qualifications of the new proponents;
262(b) Legal entity;
265(c) Capitalization;
267(d) Whether money is due any of the trust funds, unless waived;
279(e) Current financial statement for each proponent;
286(f) Biographical sketch for each proponent.
292(5) Issuance of license. If the department finds that the proposed owner or owners of the existing cemetery company has in good faith complied with all lawful requirements, it shall issue a new cemetery license.
327Rulemaking Authority 329497.103 FS. 331Law Implemented 333497.264 FS. 335History–New 9-29-75, Amended 11-2-78, 1-27-81, Formerly 3D-30.17, Amended 10-23-91, Formerly 3D-30.017, Amended 9-18-01, 6-26-02, Formerly 3F-5.006, Amended 1-12-04, 3-1-16.
