The Board proposes the rule amendment to clarify and update the rule language regarding merchandise on preneed contracts.

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Funeral, Cemetery, and Consumer Services

RULE NO.:RULE TITLE:

69K-8.006Description of Merchandise on Preneed Contracts

PURPOSE AND EFFECT: The Board proposes the rule amendment to clarify and update the rule language regarding merchandise on preneed contracts.

SUMMARY: The proposed rule amendment clarifies the rule language for merchandise on preneed contracts.

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: During discussion of the economic impact of this rule at its Board meeting, the Board concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

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(1) FS.

LAW IMPLEMENTED: 497.282(6)(c) 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: Mary Schwantes, Division Director, Board of Funeral, Cemetery, and Consumer Services, 200 East Gaines Street, Tallahassee, Florida 32399-0361, [phone], or by email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69K-8.006 Description of Merchandise on Preneed Contracts.

(1) through (3) No Change.

(4) If subsection (3) applies, then for all contracts written after January 1, 1997, or the effective date of this rule, the preneed licensee shall deliver the specific product (manufacturer and model) which was sold if the product is available at the time of need or fulfillment unless the purchaser or next of kin authorizes the delivery of a different product.

(5) renumbered (4) No Change.

(5)(6) For the purposes of this rule, merchandise shall be considered available for delivery if the merchandise can be attained from a licensee’s regular supply sources at the time of need or fulfillmentin the market place within twenty-four hours.

(6) This rule shall be reviewed, and if necessary, repealed, modified, or renewed through the rulemaking process five years from the effective date.

Rulemaking Authority 497.103(1) FS. Law Implemented 497.282(6)(c) FS. History–New 4-10-97, Amended 7-5-01, 2-18-03, Formerly 3F-8.006,                         .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Funeral, Cemetery, and Consumer Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Funeral, Cemetery, and Consumer Services

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 12, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 28, 2023