The proposed rulemaking will clarify how stakeholders make remittances to the Preneed Funeral Contract Consumer Trust Fund. The amendment references the Online Quarterly Preneed Remittance System as the new system to make ....

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Funeral, Cemetery, and Consumer Services

RULE NOS.:RULE TITLES:

69K-10.001Preneed Funeral Contract Consumer Protection Trust Fund

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

PURPOSE AND EFFECT: The proposed rulemaking will clarify how stakeholders make remittances to the Preneed Funeral Contract Consumer Trust Fund. The amendment references the Online Quarterly Preneed Remittance System as the new system to make required remittances.

SUMMARY: The rule amendment updates how stakeholders make remittances to the Preneed Funeral Contract Consumer 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: The Department’s economic review for this rulemaking.

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, 497.141, 497.161, 497.456, 497.464 FS.

LAW IMPLEMENTED: 497.103, 497.141, 497.161, 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, Department of Financial Services, Division of Funeral, Cemetery, and Consumer Services, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69K-10.001 Preneed Funeral Contract Consumer Protection Trust Fund.

The amounts required to be remitted by a preneed licensee to the Preneed Funeral Contract Consumer Protection Trust Fund, pursuant to the provisions of section 497.456, F.S., shall be determined in accordance with the following criteria:

(1) through (6) No change.

(7) All remittances to the Preneed Funeral Contract Consumer Trust Fund must be electronically completed and submitted to the Department on a quarterly basis following the process described in Rule 69K-5.0024, F.A.C. for quarterly preneed remittances as provided in Rule 69K-10.003, F.A.C.shall be sent with the Quarterly Remittance Invoice. This form, DFS-N1-2013, is incorporated by reference in rule 69K-1.001, F.A.C., and shall be available from the Department of Financial Services, Division of Funeral, Cemetery, and Consumer Services, 200 East Gaines Street, Tallahassee, Florida 32399-0361. 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.

(8) through (9) No change.

Rulemaking Authority 497.103, 497.141, 497.456(3) FS. Law Implemented 497.103, 497.141, 497.456, 497.141 FS. History–New 5-23-94, Amended 10-26-00, Formerly 3F-10.001, Amended 3-7-16,__________.

 

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

(1) No change.

(2) Quarterly preneed remittances shall be made by preneed licensees in the following manner: using Department form DFS-N1-2013, “Quarterly Preneed Remittance Invoice,” as incorporated by reference in rule 69K-1.001, F.A.C.

(a) Servicing agents must follow the procedures in Form DFS-PNS-1, User Manual for Servicing Agents for the Preneed Remittance System (PNRS), which is incoporated by reference in Rule 69K-5.0024, F.A.C.

(b) Appointing agents and third-party users must follow the procedures in Form DFS-PNS-2, User Manual for Appointing Entity Users for the Preneed Remittance System (PNRS), which is incorporated by reference in Rule 69K-5.0024, F.A.C.

Rulemaking Authority 497.103, 497.141, 497.161, 497.456(13), 497.464 FS. Law Implemented 497.103, 497.141, 497.161, 497.456, 497.458, 497.462, 497.464 FS. History–New 3-19-97, Amended 8-2-01, Formerly 3F-10.003, Amended 6-7-10, 9-20-18,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mary Schwantes, Director, Division of Funeral, Cemetery, and Consumer Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jimmy Patronis, Chief Financial Officer

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 02, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 16, 2019