To modify, clarify and update language regarding remittances to the preneed funeral contract consumer protection trust fund.

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Funeral, Cemetery, and Consumer Services

RULE NO.:RULE TITLE:

69K-10.003Remittances to the Preneed Funeral Contract Consumer Protection Trust Fund

PURPOSE AND EFFECT: To modify, clarify and update language regarding remittances to the preneed funeral contract consumer protection trust fund.

SUMMARY: Update rule language regarding remittances to the preneed funeral contract consumer protection trust fund.

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 Division meeting, the Division, based upon the expertise and experience of its members, and the substance of the rule amendment, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary because the rule does not impose additional rights, obligations, or duties on any persons or any businesses, 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, 497.462(10), 497.464 FS.

LAW IMPLEMENTED: 497.456, 497.458, 497.462, 497.464 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, Division of Funeral, Cemetery, and Consumer Services, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0361, [phone], Ellen [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69K-10.003 Remittances to the Preneed Funeral Contract Consumer Protection Trust Fund.

(1) For the quarter beginning October 1, 2001, and each quarter thereafter, each preneed licensee writing preneed contracts shall remit the sum of $1.00 per preneed contract sold the following amounts should be remitted to the Preneed Funeral Contract Consumer Protection Trust Fund.

(2) Each preneed licensee offering the sale of insurance or by establishing a trust pursuant to Section 497.458 or 497.464, F.S., shall remit the sum of $1.00 per preneed contract. Each preneed licensee utilizing Sections 497.461 and 497.462, F.S., shall remit the sum of $5.00 for each preneed contract.

(2)(3) Quarterly preneed remittances shall be made by preneed licensees 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.

Rulemaking Authority 497.103, 497.461(4), 497.462(10), 497.464 FS. Law Implemented 497.456, 497.458, 497.461, 497.462, 497.464 FS. History–New 3-19-97, Amended 8-2-01, Formerly 3F-10.003, Amended 6-7-10,                .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ellen Simon, Assistant Director, Division of Funeral, Cemetery, and Consumer Services, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0361, [phone], Ellen [e-mail].

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 3, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 23, 2018