69K-7.013. Procedures for Filing a Claim through the Department  

Effective on Sunday, October 6, 2019
  • 1A buyer of preneed merchandise or services who does not receive such services or merchandise due to the economic failure, closing, or bankruptcy of the preneed licensee which has submitted a surety bond to the Department in lieu of utilizing a preneed trust fund may file a claim through the Department as provided by section 56497.462(2)(c), F.S. 58The name and address of the surety company will be provided by the Department. Once the requirements of section 77497.462, F.S., 79have been met, the purchaser of preneed merchandise or services must file the claim in the following manner:

    97(1) Submit to the Department Form DFS-C-3, Surety Bond Claim Form (Rev. 11/18), which is incorporated by reference in Rule 11769K-1.001, 118F.A.C., and can be obtained via the Department’s website at https://myfloridacfo.com/Division/funeralcemetery/;

    129(2) Attach a copy of the preneed contract for merchandise or services that is the subject of the claim, and provide documentation evidencing the purchaser’s payment for the merchandise or services; and

    161(3) Submit evidence that the purchaser has made reasonable attempts to have the preneed licensee deliver the merchandise or perform the service.

    183Rulemaking Authority 185497.103, 186497.462(9) FS. 188Law Implemented 190497.462(2)(a), 191(2)(c) FS. History–New 3-20-91, Formerly 3D-30.040, Amended 6-21-01, Formerly 3F-7.013, Amended 10-6-19.