The proposed rule amendment deletes language from subsection (3) that prohibits preneed licensees from making direct line item charges to customers on preneed contracts for the fee licensees must remit to the Regulatory Trust Fund. New language is ...

DEPARTMENT OF FINANCIAL SERVICES
Division of Funeral, Cemetery, and Consumer Services

RULE NO: RULE TITLE
69K-5.0024: Remittances to the Regulatory Trust Fund
PURPOSE AND EFFECT: The proposed rule amendment deletes language from subsection (3) that prohibits preneed licensees from making direct line item charges to customers on preneed contracts for the fee licensees must remit to the Regulatory Trust Fund. New language is also added to subsection (3) to clarify that any refund of such fees to customers does not relieve preneed licensees of their obligation to remit to the Fund. The proposed rule amendment deletes and replaces all existing language in subsection (6), to reflect the deletion of Form DFS-RTF-1, “Preneed Funeral Contract Regulatory Trust Fund Remittance.” That form is replaced by new Form DFS-N1-2013, “Quarterly Preneed Remittance Invoice.” The new form serves to collect remittances from both the Regulatory Trust Fund and the Preneed Funeral Contract Consumer Protection Trust Fund, thereby streamlining the administrative process.
SUMMARY: The proposed amendment removes the prohibition against preneed licensees from charging customers, as a separate line item, the fee remitted to the Regulatory Trust Fund and clarifies procedures relating to the refund of such fees. The proposed amendment also deletes and replaces a form and related language.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 497.103, 497.453(1) FS.
LAW IMPLEMENTED: 497.453(6), (9) 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: Tuesday, April 20, 2010, 10:00 a.m.
PLACE: Alexander Building, 2020 Capital Circle Southeast, Tallahassee, Florida
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: Doug Shropshire, [phone]. 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: Doug Shropshire, Executive Director, Board of Funeral, Cemetery, and Consumer Services, Alexander Building, 2020 Capital Circle S.E., Tallahassee, Florida 32399-0361, [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 (2) No change.

(3) Assessments required to be remitted pursuant to Section 497.453, F.S., shall not be payable from funds subject to the trust provisions of Sections 497.458 and 497.464, F.S., nor shall they be included in a preneed contract and passed on to the purchaser. Refund of a regulatory trust fund fee by a licensee to its customer shall not relieve the licensee of its obligation to remit regarding that contract under Section 497.453(6), F.S.

(4) through (5) No change.

(6) Quarterly preneed remittances shall be made by preneed licensees using Department form DFS-N1-2013, Quarterly Preneed Remittance Invoice, (Effective: __________), 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. All remittances shall be sent with the Department of Financial Services Regulatory Trust Fund Remittance Form. This form, DFS-RTF-1, effective 5-13-97, which is hereby incorporated by reference, and shall be available from the Department of Financial Services, Board of Funeral, Cemetery, and Consumer Services, 200 East Gaines Street, Tallahassee, Florida 32399-0316. 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.

(7) through (8) No change.

Rulemaking Specific Authority 497.103, 497.453(1) FS. Law Implemented 497.453(6), (9) FS. History–New 5-13-97, Amended 12-12-00, Formerly 3F-5.0024, Amended_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Doug Shropshire, Executive Director, Board of Funeral, Cemetery, and Consumer Services, Department of Financial Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Alex Sink, Chief of Financial Officer, Department of Financial Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 16, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 17, 2009