Preneed Trust Fund; Financial Reports, Alternative Form of Security for Permanent Outer Burial Receptacle Manufacturers
DEPARTMENT OF FINANCIAL SERVICES
Division of Funeral, Cemetery, and Consumer Services
RULE NOS.:RULE TITLES:
69K-7.0095Preneed Trust Fund; Financial Reports
69K-7.0125Alternative Form of Security for Permanent Outer Burial Receptacle Manufacturers
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. 45 No. 130, July 5, 2019 issue of the Florida Administrative Register.
These changes are being made to address comments expressed by the Joint Administrative Procedures Committee.
69K-7.0095 Preneed Trust Fund; Financial Reports.
(1) No change.
(2) The trustee may also submit the annual report in a format that will be acceptable to the Division if it provides no less information than that required by Form DFS-N1-2183. Additionally, as part of the annual report, the preneed licensee and any entity that served as trustee for the preneed licensee’s trust in a calendar year must maintain a list of receipts showing the date and amount of any disbursement made during the applicable calendar year, and retain such documentation for a period of at least five (5) years.
69K-7.0125 Alternative Form of Security for Permanent Outer Burial Receptacle Manufacturers.
(1) Pursuant to section 497.283(2)(c), F.S., manufacturers of permanent outer burial receptacles shall be permitted to utilize the alternative form of security in connection with the sale of permanent outer burial receptacles sold to cemetery companies and funeral establishments pre-need sellers in Florida. For purposes of this rule, a “permanent outer burial receptacle” as referred to in section 497.283(2)(c), F.S., has the same meaning as an “outer burial container,” as defined in section 497.005(55), F.S.
(2) The alternative form of security available to all permanent outer burial receptacle manufacturers who supply permanent outer burial receptacles to cemetery companies and funeral establishments pre-need sellers in Florida, shall be in compliance with chapter 497, F.S., and shall provide for an Alternative Manufacturers’ Trust, together with a Manufacturers’ Delivery Surety/Guarantee, defined as follows:
(a) through (b) No change.
(c) Manufacturers’ Delivery Surety/Guarantor Qualification.
1. No change.
2. Any Manufacturers’ Delivery Surety/Guarantor approved by the Board Department who wishes to utilize this rule shall:
a. through c. No change.
3. No change.
