The proposed modifications will update Rules 69K-10.001 and 69K-10.002, F.A.C., to reflect that the rules’ respective forms have been updated and were previously added to and incorporated in the forms rule, Rule 69K-1.001, F.A.C. Therefore, ...

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Funeral, Cemetery, and Consumer Services

RULE NO.: RULE TITLE:

69K-10.001 Preneed Funeral Contract Consumer Protection Trust Fund

69K-10.002 Disbursement From the Preneed Funeral Contract Consumer Protection Trust Fund

PURPOSE AND EFFECT: The proposed modifications will update Rules 69K-10.001 and 69K-10.002, F.A.C., to reflect that the rules’ respective forms have been updated and were previously added to and incorporated in the forms rule, Rule 69K-1.001, F.A.C. Therefore, including the respective forms’ effective dates and incorporation in these rules is redundant of the forms rule.

SUMMARY: Rules 69K-10.001 and 69K-10.002, F.A.C., are being modified to be consistent with references to rules adopted in Rule 69K-1.001, F.A.C.

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, 497.456, FS.

LAW IMPLEMENTED: 497.456, 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 @ 4:00 p.m.

PLACE: Room 143, Larson Building, 200 East Gaines Street, Tallahassee, Florida, 32399-0361

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, telephone: [phone], email: [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-10.001 Preneed Funeral Contract Consumer Protection Trust Fund.

(1) through (6) No change.

(7) All remittances shall be sent with the Quarterly Preneed Funeral Contract Consumer Protection Trust Fund Remittance Invoice Form. This form, DFS-N1-2013 DFS-TFR-1, effective May 23, 1994, is incorporated herein by reference in Rule 69K-1.001, F.A.C., and shall be available from the Department of Financial Services, Division of Funeral, Cemetery, and Consumer Services, 200 East Gaines Street, Tallahassee, Florida 32399-0361. Checks should be made payable to the Department of Financial Services. Remittances should be submitted to the board office within 60 days following a calendar quarter.

(8) through (9) No change.

Rulemaking Specific Authority 497.103, 497.456(3) FS. Law Implemented 497.456 FS. History–New 5-23-94, Amended 10-26-00, Formerly 3F-10.001, Amended___________.

 

69K-10.002 Disbursement From the Preneed Funeral Contract Consumer Protection Trust Fund.

(1) No change.

(2) Requests for restitution shall be submitted on the Preneed Funeral Contract Consumer Protection Trust Fund Proof of Claim and Disbursement Request form, DFS-TFD-1, effective June 21, 2001, which is incorporated herein by reference in Rule 69K-1.001, F.A.C., and available from the Department of Financial Services, Division of Funeral, Cemetery, and Consumer Services, 200 East Gaines Street, Tallahassee, Florida FL 32399-0361. Restitution will only be made if the preneed licensee or otherwise covered provider was licensed as a preneed license or was regulated under Chapter 470, F.S., when the contract was written. All requests for restitution from the Preneed Funeral Contract Consumer Protection Trust Fund shall be accompanied by a copy of the preneed contract and documentation which verifies the total funds paid on preneed contract, and that the applicant has not defaulted in the terms of the contract. In addition, documentation that the preneed licensee or otherwise covered provider has failed to provide the benefits of the preneed contract or has failed to refund the appropriate principal amount by reason of cancellation.

(3) through (8) No change.

Rulemaking Specific Authority 497.103, 497.456 FS. Law Implemented 497.456 FS. History–New 5-23-94, Amended 12-4-95, 10-18-99, 6-21-01, Formerly 3F-10.002, Amended___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ellen Simon, Assistant Division Director, Division of Funeral, Cemetery & Consumer Services, Department of Financial Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jeff Atwater, Chief Financial Officer, Department of Financial Services

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 12, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 20, 2015