Application for Preneed License, Application for Preneed License Branch Office License, Applications for Transfer of a Preneed License, Preneed License Renewal, Regulatory Standards for Evaluating Applications by the Board, Preneed Sales Agent ...

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Funeral, Cemetery, and Consumer Services

RULE NOS.:RULE TITLES:

69K-5.002Application for Preneed License

69K-5.0021Application for Preneed License Branch Office License

69K-5.0022Applications for Transfer of a Preneed License

69K-5.0026Preneed License Renewal

69K-5.009Regulatory Standards for Evaluating Applications by the Board

69K-5.011Preneed Sales Agent Renewal

69K-5.013Procedure for Report of Identification for an Exempt Cemetery

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 43 No. 137, July 17, 2017 issue of the Florida Administrative Register.

These changes are being made to address comments expressed by the Joint Administrative Procedures Committee.

69K-5.009 Regulatory Standards for Evaluating Applications by the Board.

When an application for authority to organize and operate a new cemetery company is filed, it is the applicant’s responsibility to meet the statutory criteria warranting the grant of authority. If, in the opinion of the Board, any one of the criteria as set forth in sSection 497.263, F.S., which requires Board review and approval has not been met and cannot be remedied by the applicant, the Department cannot approve the application.

The applicant shall submit information addressing the following:

(1) No change.

(2) Proposed executive officers, directors or principals.

(a) Each The proposed officers, directors, or principals shall each submit an executed Historical Sketch, through Form DFS HistS, which is incorporated by reference in Rule 69K-1.001, F.A.C., and can be accessed where indicated in section 69K-1.001(1), F.A.C., and shall have a reputations evidencing honesty and integrity and an. They shall have employment and business history histories demonstrating their responsibility in financial affairs. The fact that a proposed officer, director, or principal has been adjudicated bankrupt or has filed for relief under the Federal Bankruptcy Act shall be considered a material factor in the evaluation of responsibility in financial affairs.

(b) No change.

(c) The proposed general manager shall have at least three (3) years of direct cemetery management experience within seven (7) years of the application date as a general manager, director, or regulator of a cemetery, or a similar position having an equivalent level of responsibility for a cemetery. The general manager must have a reputation evidencing honesty and integrity and an employment history demonstrating competent past experience. It is not necessary that the name of the general manager be submitted with the application. However, this individual must be named and have submitted an executed Historical Sketch on, Form DFS Hist, which is incorporated by reference in Rule 69K-1.001, F.A.C., not later than ninety (90) days prior to the applicant’s intended opening date. The applicant may not open for business without the Department’s prior approval of the general manager. by the Department.

(d) through (e) No change.

 

69K-5.011 Preneed Sales Agent Renewal. 

(1) Each active preneed sales agent (PSA) license shall be renewed for a biennial period beginning two (2) years after the initial appointment date. Prior to the end of the biennial period, the Department will mail or email a renewal notice to the appointing entity for each PSA at the address of record or e-mail on file through Form DFS-PNSR-1, Notice of Approaching Preneed Sales Agents Renewal Date (Rev. 08/16), which is hereby incorporated by reference as part of this rule, and a copy can be obtained at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxxx or

through the Division’s website at https://www.myfloridacfo.com/Division/funeralcemetery/Licensing/default.htm. In order to timely renew the appointment, the appointing entity must submit the appropriate renewal submission and fees either: (a) electronically through its account on the Department’s Producer Appointment System (eAppoint), which can be accessed through the Division’s website at http://www.myfloridacfo.com/division/funeralcemetery/ or (b) by mailing a copy of the completed Renewal Summary Page of the paper form to the Department at the address indicated on the form. The appointing entity shall follow the instructions provided on either the form or on eAppoint in order to submit an appointment renewal and pay the renewal fees to the Department. The process overview for electronic submissions of PSA renewals through eAppoint is provided in Form DFS-N1-2179, Preneed Sales Agent (PSA) Online Renewal (Effective 08/18), which is hereby incorporated by reference as part of this rule, and a copy can be obtained at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxxx or through the Division’s website at https://www.myfloridacfo.com/Division/funeralcemetery/Licensing/default.htm. Failure to receive any notification does not relieve the licensee of the responsibility to meet the renewal application requirements. There is a $250 non-refundable renewal fee for each PSA appointment.  In addition, for each PSA appointment choosing to renew by paper form there is a $25 non-refundable fee for manual application processing by the Department. Failure to timely renew and pay the fees for PSA appointments shall result in the termination of the appointment. Each active preneed sales agent appointment shall be renewed for the biennial period beginning two (2) years after the date of appointment.  During the license renewal period of each biennium the Department will mail or email a renewal notice to the appointing entity for each licensee at the address of record.  Failure to receive any notification does not relieve the licensee of the responsibility to meet the renewal application requirements.  The application for renewal process shall include submission of the statutory nonrefundable renewal fee required by Section 497.466, F.S. , and doing the following:  either (a) go online to complete a renewal submission via the agent’s eAppoint account; or (b) submit a paper copy of a completed renewal submittal with the renewal notice sent to the appointing entity for the preneed sales agent, from the Department of Financial Services, Division of Funeral, Cemetery, and Consumer Services.  The licensee shall apply and pay according to the instructions in the renewal notice from the Department of Financial Services, Division of Funeral, Cemetery, and Consumer Services.  A non-refundable application fee of $250 for an agent who renews appointments online and an additional $25 per appointment for an appointing entity who renews using paper shall accompany the form.

(2) through (4) No change.