Application for Registration of a Preneed Sales Agent, Procedures for Licensing a New Cemetery, Procedure for Licensing Transferred Cemeteries
DEPARTMENT OF FINANCIAL SERVICES
Division of Funeral, Cemetery, and Consumer Services
RULE NO.:RULE TITLE:
69K-5.003Application for Registration of a Preneed Sales Agent
69K-5.004 Procedures for Licensing a New Cemetery
69K-5.006Procedure for Licensing Transferred Cemeteries
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. 41 No. 208, October 26, 2015 issue of the Florida Administrative Register.
The changes are being made to address comments expressed by the Joint Administrative Procedures Committee.
69K-5.003 Application for Registration of a Preneed Sales Agent License and Appointment.
(1) Each person desiring to obtain registration as a preneed sales agent license for a preneed licensee shall apply to the Department Board by submitting the following by certified mail or online:
(a) A completed application for Registration of a Preneed Sales Agent, Form DFS-PNS-1, Preneed Sales Agent Application for Agent License and Initial Appointment, adopted in Rule 69K-1.001, F.A.C effective 4-25-94, which is hereby incorporated by reference and available by mail from the Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0361. The application registration must be completed and signed by an authorized representative of the preneed licensee within thirty (30) days prior to receipt by the Department;
(b) No change.
(2) Request for Additional Information. Any request for additional information will be made by the Department within thirty (30) days after receipt of the application by the Department. The additional information must be received by the Department within forty-five (45) days from the date of request. Failure to respond to the request for additional information within forty-five (45) days from the date of request shall be construed by the Board to be grounds for denial of the application for failure to complete the application, and the application shall be denied pursuant to subsection 120.60(1) Section 120.60(2), F.S.
(3) and (4) No change.
(5) Denial of Application Registration. The Department shall notify the applicant at the address of the sponsoring preneed licensee of the Board’s intent to deny the application. Upon receipt of the notification, the applicant shall cease conducting business as a preneed sales agent. Upon receipt of the notification, the preneed licensee will use due diligence to stop the preneed sales agent from conducting business as a preneed sales agent on behalf of the preneed licensee. If a request for a hearing has not been received within twenty-one (21) twenty-six (26) days of the date of the notification, the application shall be denied.
(6) No change.
(7) Upon approval of the application, a license registration will be issued for the remainder of the biennial registration period effective the later of the date the application was received or the date the last deficiency on the application was resolved.
(8) A separate appointment registration is required for each different preneed licensee represented by the applicant.
69K-5.004 Procedures for Licensing a New Cemetery.
Rulemaking Specific Authority 497.103 FS. Law Implemented 497.263, 497.265, 497.266, 497.268, 497.283 FS. History–New 9-29-75, Amended 6-21-77, 6-21-78, 11-2-78, 1-27-81, Formerly 3D-30.15, Amended 10-23-91, Formerly 3D-30.015, Amended 12-8-98, 6-26-02, Formerly 3F-5.004, Amended 1-12-04, _________.
69K-5.006 Procedure for Licensing Transferred Cemeteries.
(1) Application. A When a person, a group of persons or entity proposing a corporation proposes to purchase or acquire control of an existing cemetery company either by purchasing the outstanding capital stock of any cemetery company, or the interest of the owner or owners, and thereby to change the control of said cemetery company, such person shall file the following application with the Department by mail to the Division of Funeral, Cemetery and Consumer Services, Revenue Processing, P.O. Box 6100, Tallahassee, Florida 32399-6100 an Application For Authority To Acquire Control Of An Existing Cemetery Company, Form DFS-F-35, effective September 18, 2001, and hereby incorporated by reference and available from the Department of Financial Services, Board of Funeral, Cemetery, and Consumer Services, 200 East Gaines Street, Tallahassee, Florida 32399-0361. This application shall be accompanied by a non-refundable application fee of $5,000.
(a) No change.
(b) Completion of an Application To Transact Cemetery Business, Form CEM, adopted in Rule 69K-1.001, F.A.C., shall be accompanied by a license fee based on the cemeteries’ last fiscal year sales pursuant to Section 497.265, F.S.
(2) through (5) No change.
The remainder of the proposed rule reads as previously published.
