The proposed rulemaking will clarify how stakeholders make remittances to the Regulatory Trust Fund. The amendment incorporates forms so stakeholders can make remittances through the Online Quarterly Preneed Remittance System.....

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Funeral, Cemetery, and Consumer Services

RULE NO.:RULE TITLE:

69K-5.0024Remittances to the Regulatory Trust Fund

PURPOSE AND EFFECT: The proposed rulemaking will clarify how stakeholders make remittances to the Regulatory Trust Fund. The amendment incorporates forms so stakeholders can make remittances through the Online Quarterly Preneed Remittance System.

SUMMARY: The amendment incorporates the forms necessary to make required remittances through the Online Quarterly Preneed Remittance System.

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’s economic review for this rulemaking.

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, 497.161, 497.453, FS.

LAW IMPLEMENTED: 497.103, 497.152, 497.161, 497.453, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ellen Simon, Assistant Director, Department of Financial Services, Division of Funeral, Cemetery, and Consumer Services, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69K-5.0024 Remittances to the Regulatory Trust Fund.

The amounts required to be remitted by a preneed licensee to the Regulatory Trust Fund, pursuant to the provisions of section 497.453(9), F.S., shall be determined in accordance with the following criteria:

(1) through (5) No change.

(6) Quarterly preneed remittances must shall be made by preneed licensees in the following manner: using Department form DFS-N1-2013, Quarterly Preneed Remittance Invoice, as incorporated by reference in rule 69K-1.001, F.A.C. The Department shall provide the form to the preneed licensee each quarter, pre-filled out with data specific to the preneed licensee.

(a) Servicing agents must follow the procedures in Form DFS-PNS-1, User Manual for Servicing Agents for the Preneed Remittance System (PNRS) (Eff. MM/YY), which is hereby incorporated by reference and available at https://www.flrules.org/gateway/reference.asp?No=Ref-____ or on the Department’s website: https://www.myfloridacfo.com/Division/funeralcemetery/Licensing.

(b) Appointing agents and third-party users must follow the procedures in Form DFS-PNS-2, User Manual for Appointing Entity Users for the Preneed Remittance System (PNRS) (Eff. MM/YY), which is hereby incorporated by reference and available at https://www.flrules.org/gateway/reference.asp?No=Ref-____ or on the Department’s website: https://www.myfloridacfo.com/Division/funeralcemetery/Licensing.

(7) through (8) No change. 

Rulemaking Authority 497.103, 497.161, 497.453(1) FS. Law Implemented 497.103, 497.152, 497.161, 497.453(6), (9) FS. History–New 5-13-97, Amended 12-12-00, Formerly 3F-5.0024, Amended 6-22-09, 6-7-10,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mary Schwantes, Director, Division of Funeral, Cemetery and Consumer Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jimmy Patronis, Chief Financial Officer

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 22, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 16, 2019