reglab/statecodes huggingface dataset:
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-6 - PRACTICE AND PROCEDURES › Section 69K-6.0051 - Accounts Receivable Records

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Account receivable records pertaining to each individual purchaser shall be
				assigned the same serial number as shown on the purchaser's contract and shall
				be maintained in numerical sequence. The name of the purchaser or beneficiary,
				deferred payment price, date and amount of each payment, outstanding balance,
				retail price of each item, wholesale price of merchandise by item, a schedule
				of payments and percentage required to be deposited in each trust fund from
				each payment.
(2) The information
				contained in subsection (1) is the minimum information to be contained in the
				accounts receivable records.
Rulemaking Authority
					 497.103(1)(n),
					 (5)(a),
					 497.161(1)(c),
					 497.276(3) FS.
					 Law Implemented  497.267,
					  497.268(5),
					  497.272(3),
					  497.276,
					  497.458 FS.
New 7-20-73, Renumbered from 3-8.11 to 3D-30.11 on 9-8-75,
					 Amended 1-27-81, Formerly 3D-30.11, 3D-30.011, Amended 5-27-98, Formerly
					 3F-6.0051.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-6 - PRACTICE AND PROCEDURES › Section 69K-6.0052 - Examination Work Papers

Current through Reg. 50, No. 138; July 16, 2024
(1) A licensed
				entity shall prepare and provide accurate work papers to the Department for the
				purpose of an examination.
(2) Work
				papers provided by the company shall include at least the following information
				for each contract:
(a) Sequentially ordered
				contract number;
(b) Contract type
				(i.e., void or cancelled);
(c) Date
				of contract;
(d) Payments received
				during examination period;
(e)
				Total trust liability;
(f) Trust
				liability percentage;
(g) Prior
				liability accrual;
(h) Current
				examination liability accrual;
(i)
				Prior total withdrawals from Trust; and
(j) Current withdrawals from Trust.
Paragraphs (2)(d) and (2)(f) may be provided on the accounts
				  receivable records, as separate identifiable entries, in lieu of the work
				  papers. For the purposes of this rule, trust liability and accruals should be
				  detailed by trust funds as applicable (i.e., Care and Maintenance, Merchandise,
				  Preneed, Preconstruction, and Special Care).
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-6 - PRACTICE AND PROCEDURES › Section 69K-6.0054 - Written Contracts Required

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Written contracts on all sales must be made between the cemetery company or
				preneed license and the purchaser which contracts shall state the sales prices,
				terms and other pertinent information relative to the transaction. Such
				contracts shall be serially numbered and filed by the cemetery company or
				preneed license in numerical sequence. All sales shall be entered into a sales
				journal numerically.
(2) Any
				additional purchases or deletions made by a customer more than 30 days
				subsequent to the original sale must be shown on a separate contract and shall
				be assigned a separate serial number which number shall be the current unused
				number in consecutive order.
(3)
				Only one preneed license and one seller shall be represented on a sales
				contract. A separate sales contract shall be written for each additional
				preneed license or seller represented on a contract.
(4) The Sales contract form must comply with
				all disclosure requirements of chapter 497, F.S.
(5) A copy of the sales contract form must be
				approved by the Board of Funeral, Cemetery, and Consumer Services prior to use
				by the preneed license.
Rulemaking Authority
					 497.103(1)(n), (u),
					 (5)(a),
					 497.161(1)(c)
					 FS. Law Implemented 497.267, 497.268(6), 497272(3),
					  497.276,
					  497.283,
					  497.458 FS.
New 7-20-73, Renumbered from 3-8.10 to 3D-30.10 on 9-8-75,
					 Amended 5-10-76, 1-27-81, Formerly 3D-30.10, 3D-30.010, Amended 5-27-98,
					 Formerly 3F-6.0054.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-6 - PRACTICE AND PROCEDURES › Section 69K-6.006 - Inspection of Cemeteries

Current through Reg. 50, No. 138; July 16, 2024
Inspection of cemeteries will be performed by the Department
				  as often as necessary but not less than once per year. Such inspections shall
				  involve the following:
(1) Maintenance
				of the grounds and mausoleums;
(2)
				Verification of licenses and notices;
(3) Safekeeping of records;
(4) Progress of construction when
				preconstruction sales have been made;
(5) Availability of price disclosure
				lists;
(6) Confirmation of preneed
				merchandise and service contracts.
Rulemaking Authority
					 497.103(2),
					 497.149(2)(c)
					 FS. Law Implemented 497.149(2)
					 FS.
New 3-21-95, Amended 5-27-98, Formerly
					 3F-6.006.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-6 - PRACTICE AND PROCEDURES › Section 69K-6.007 - Criteria for Burial; Disinterment; Reinterment

Current through Reg. 50, No. 138; July 16, 2024
(1) A cemetery shall not perform a burial,
				interment, entombment, or inurnment, until it has received proper
				authorization. Such authorization shall consist of the following:
(a) An original completed burial transit
				permit;
(b) An authorization, in
				writing, on forms precribed by the cemetery, from the individual(s) who own the
				burial rights for the burial space in which the burial is to take place;
				and
(c) An authorization, in
				writing, according to either cemetery by-laws or written operating procedures
				of the cemetery, from the individual or individuals who, at the time the
				interment is to be made, have the right to authorize the burial of the
				decedent.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-6 - PRACTICE AND PROCEDURES › Section 69K-6.008 - Minimum Standards for Interment

Current through Reg. 50, No. 138; July 16, 2024
Each cemetery company shall ensure that all interments,
				  except cremated remains, shall be covered by no less than twelve inches of soil
				  or sod where physically possible. The family or next of kin, with prior
				  approval of the cemetery, may authorize that the 12 inch minimum coverage be
				  waived.
Rulemaking Authority
					 497.103(1) FS.
					 Law Implemented 497.274(1)
					 FS.
New 3-19-97, Formerly
					 3F-6.008.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-6 - PRACTICE AND PROCEDURES › Section 69K-6.009 - Identification Tags-Acceptable Materials, Locations, and Methods of Affixing

Current through Reg. 50, No. 138; July 16, 2024
(1) Caskets.
(a) Acceptable materials for an
				identification tag for a casket shall include only the following:
1. Plastic.
2. Non-corrosive metal.
3. Encased in plastic.
4. Plasticized paper used with laser printer
				or permanent marker pen.
5.
				Weatherproof adhesive labels used with laser printer or permanent marker
				pen.
6. An electronic
				identification marker encased in plastic which uses a passive radio frequency
				signal to allow for communication between the marker and a hand held receiver,
				that will identify the deceased.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-7 - TRUSTS AND TRUST FUNDS › Section 69K-7.001 - Care and Maintenance Trust Fund Deposits

Current through Reg. 50, No. 138; July 16, 2024
(1) The cemetery company is obligated to pay
				into the Care and Maintenance Trust Fund ten percent (10%) of the purchase
				price of burial rights as outlined in Section
				 497.268, F.S.
(2) Ten percent (10%) of the down payment and
				ten percent (10%) of each payment allocated to burial rights shall be paid to
				the trust fund until the full obligation is fulfilled.
(3) If the contract does not provide for the
				allocation of payments as anticipated in subsection (2), above, such payments
				shall be allocated as follows:
(a) For
				deferred payment contracts the trust liability as described in subsection (1),
				shall be divided by the total sales price.
(b) This percentage will then be applied to
				all payments received including the down payment and the value of credits given
				to determine the amount to be deposited in the care and maintenance trust
				fund.
(c) The percentage payments
				required to be deposited on each payment shall be carried out two places and
				the amount of deposit required may be rounded off to the nearest dollar as long
				as the total amount required to be deposited has been fully deposited when the
				contract has been fully paid.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-7 - TRUSTS AND TRUST FUNDS › Section 69K-7.0012 - Care and Maintenance Trust Fund Withdrawals

Current through Reg. 50, No. 138; July 16, 2024
(1) Definitions
As used in this rule the following definitions apply:
(a) "Board" refers to the Board of Funeral,
				Cemetery, and Consumer Services.
(b) "Division" refers to the Division of
				Funeral, Cemetery, and Consumer Services.
(c) "Care and maintenance trust fund
				accounting year" refers to the twelve consecutive month period established and
				used by the Care and Maintenance Trust Fund trustee or servicing agent of the
				trust fund for trust fund tax and annual reporting purposes.
(d) "Change of distribution method" refers to
				changing from the net income withdrawal method to the total return withdrawal
				method, or from the total return withdrawal method to the net income withdrawal
				method.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-7 - TRUSTS AND TRUST FUNDS › Section 69K-7.002 - Percentage Deposits Required on Turf Tops, Lawn Crypts, Etc

Current through Reg. 50, No. 138; July 16, 2024
The percentages required to be deposited in the care and
				  maintenance fund for crypts commonly known as turf tops, lawn crypts,
				  Westministers, and similar types, shall be computed in the same manner and at
				  the same rate as a mausoleum if the crypt is above or partially above the
				  natural contour of the land, unless:
(1) It is covered by at least fifteen inches
				of earth and sod and has a surrounding grade or slope of no greater than thirty
				degrees from the top of the earth and sod to the natural contour of the ground;
				or
(2) The base of a triangle
				created by the fill extends at least twice the distance from the crypt as the
				crypt and earth covering extends above the normal contour of the ground;
				or
(3) The retaining wall on the
				outer edges of the garden does not exceed 24 inches in height above the natural
				contour of the ground.
Rulemaking Authority
					 497.103 FS. Law Implemented
					 497.268
					 FS.
New 7-20-73, Renumbered from 3-8.07 to 3D-30.07 on 9-8-75,
					 Formerly 3D-30.07, 3D-30.007, Amended 7-22-97, Formerly
					 3F-7.002.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-7 - TRUSTS AND TRUST FUNDS › Section 69K-7.005 - Performance Bond - Mausoleums or Below-Ground Crypts

Current through Reg. 50, No. 138; July 16, 2024
(1) As provided by Section
				 497.272(8),
				F.S., a cemetery may furnish the Board with a performance bond whenever such
				cemetery contemplates the sale of spaces in a section of a mausoleum or bank of
				below-ground crypts prior to the construction of such facilities. Such bond
				shall be in lieu of the payments outlined in Section
				 497.272(3),
				F.S. An approved form of such bond is hereby adopted by the Board and
				designated as Form DFS-F-43 and titled "Performance Bond - Mausoleums or
				Below-ground Crypts." No sale of such spaces, where a bond is being given the
				Department in lieu of the payments provided by Section
				 497.272(3),
				F.S., shall take place prior to the delivery of such bond to the Department and
				receipt of written acceptance thereof by the cemetery or its agent.
(2) The amount of such bond shall be as
				determined by the Board. For a Section
				 497.272(8),
				F.S., bond determination, the cost of construction of a mausoleum or bank of
				below-ground crypts shall be determined by the Department on the basis of
				certified estimates of the design architect and two or more bids for such
				construction from contractors licensed to do business in the State of
				Florida.
(3) To be acceptable to
				the Board, the surety company on such bond shall be licensed to do business in
				the State of Florida and shall have been in business in this state with a
				record of successful operations for a period of at least five years prior to
				the execution of the bond and such surety company shall not be exposed on any
				one risk in an amount exceeding ten (10) percent of its surplus to
				policy-holders. Such surety company shall have at least the following minimum
				ratings in Best's Key Rating Guide or other similar such rating service or
				publication.
Bond Amount
Policy Holder's Rating
Required Financial Rating
0 to 100,000
B
Class VII
100,000 to 500,000
A
Class VIII
500,000 to 750,000
A
Class IX
750,000 to 1,000,000
A
Class X
1,000,000 to 1,500,000
A
Class XI
1,500,000 or more
A
Class XII
Rulemaking Authority
					 497.103 FS. Law Implemented
					 497.272(8)
					 FS.
New 12-22-81, Amended 3-24-82, Formerly 3D-30.30,
					 3D-30.030, 3F-7.005.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-7 - TRUSTS AND TRUST FUNDS › Section 69K-7.006 - Wholesale Purchase Price

Current through Reg. 50, No. 138; July 16, 2024
(1) Each
				preneed licensee shall, prior to July 1st of each year, compile a list which
				includes the wholesale purchase price for each item of merchandise which the
				preneed license will provide for the subsequent twelve month period. The listed
				price shall be used to determine the amount to be deposited into the
				merchandise trust fund pursuant to Section
				 497.458(1),
				F.S.
(2)
(a) For merchandise, the listed wholesale
				purchase price shall be the amount charged by the supplier on an invoice for
				the item as of June 1, of the current year.
(b) If an invoice is not available, then the
				listed wholesale purchase price shall be the manufacturer's catalogue price, or
				the manufacturer's written statement of the wholesale purchase price, as of
				June 1, of the current year.
(c)
				Invoices and other documentation used to establish the listed wholesale
				purchase price shall be maintained by the preneed
				licensee.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-7 - TRUSTS AND TRUST FUNDS › Section 69K-7.007 - Merchandise Trust Funds - Status of Accounts

Current through Reg. 50, No. 138; July 16, 2024
(1) For purposes of merchandise trust funds,
				under the provisions of the Funeral, Cemetery, and Consumer Services Act prior
				to implementation of Chapter 93-399, Laws of Florida, a merchandise trust fund
				is in the nature of a master account ("the Fund") used for investment purposes
				and is made up of commingled individual accounts deposited into the Fund in
				connection with the individual contracts between the cemetery company and its
				customers. Each of these accounts is to be established and retained in the Fund
				together with any income it might earn until certain events shall occur and it
				is determined to whom the principal of the account plus any earnings should be
				distributed. The principal of the account plus any earnings may be paid to the
				cemetery company upon the delivery of the merchandise or performance of the
				services or to the purchaser or his legal representative in the event that the
				cemetery company does not deliver the merchandise or perform the services when
				needed.
(2) The principal and any
				accrued earnings or losses in such separate account is to be held in suspense
				until the final determination is made to which party the account will be paid.
				At the time of withdrawal of the amount in the account, either the seller,
				cemetery company, or the purchaser or his representative is entitled to not
				only the principal amount deposited in the account, but also any accrued
				earnings on the account from the time of the deposit until the time of
				withdrawal.
Rulemaking Authority
					 497.103 FS. Law Implemented
					 497.458
					 FS.
New 11-15-83, Formerly 3D-30.31, 3D-30.031, Amended 4-6-03,
					 Formerly 3F-7.007.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-7 - TRUSTS AND TRUST FUNDS › Section 69K-7.008 - Preneed Trust Funds - Withdrawal of Income Earned Thereon

Current through Reg. 50, No. 138; July 16, 2024
At the time of withdrawal a preneed licensee shall take
				  reasonable steps to evaluate the income derived from that particular contract.
				  A preneed licensee may not use any formula to make the evaluation if such
				  formula is used as a guise to make unauthorized withdrawals or results in
				  accelerated or excessive withdrawals above the amounts allowed by Chapter 497,
				  F.S., and the rules promulgated thereto.
Rulemaking Authority
					 497.103 FS. Law Implemented
					 497.458
					 FS.
New 8-26-85, Formerly 3D-30.32, Amended 1-4-88, Formerly
					 3D-30.032, Amended 4-10-97, Formerly
					 3F-7.008.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-7 - TRUSTS AND TRUST FUNDS › Section 69K-7.009 - Reporting Requirements for Preneed Licensees Filing an Initial Application to Utilize a Letter of Credit or Surety Bond in Lieu of Maintaining a Trust Fund (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 497.103,
					 497.461,
					 497.462 FS. Law Implemented
					 497.458(1),
					 497.459,
					 497.460,
					 497.461,
					 497.462
					 FS.
New 3-20-91, Formerly 3D-30.037, Amended 10-25-95, 5-27-98,
					 Formerly 3F-7.009, Amended 2-9-16, Repealed
					 10-6-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-7 - TRUSTS AND TRUST FUNDS › Section 69K-7.0095 - Preneed Trust Fund; Financial Reports

Current through Reg. 50, No. 138; July 16, 2024
(1) All preneed licensees shall ensure that
				any entity that served as trustee beginning January 1, 2017, or thereafter for
				the preneed licensee's preneed trust, pursuant to Sections
				 497.458(1) and
				(2), F.S., shall, by no later than April 1st
				of the following calendar year, file an annual report on Form DFS-N1-2183,
				Preneed Trust Fund, Annual Trustee Report (Effective 03/19), for all or portion
				of the calendar year in which it acted as trustee of the trust. This form is
				incorporated by reference in Rule
				 69K-1.001, F.A.C., and can be
				obtained via the Department's website at
https://myfloridacfo.com/Division/funeralcemetery/
.
(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, 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.
Rulemaking Authority
					 497.103(2)(a), (c),
					 (4),
					 497.458(1)(k)
					 FS. Law Implemented  497.103(2)(a),
					 (4),
					  497.458 FS.
New 10-6-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-7 - TRUSTS AND TRUST FUNDS › Section 69K-7.010 - Reporting Requirements for Preneed Licensees Utilizing a Surety Bond in Lieu of Maintaining a Trust Fund

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				preneed licensee which chooses to utilize a surety bond in lieu of maintaining
				a trust must file a report of outstanding liabilities of merchandise and
				services to be covered under the surety bond to accompany the application as
				provided for in Rule  69K-7.012, F.A.C. This report
				shall be used to determine the amount of the surety bond and shall contain the
				following information in sequential order:
(a) An itemized listing in numerical order of
				all contracts sold during or subsequent to 1972 which have an existing
				outstanding liability for undelivered merchandise or services;
(b) The purchaser's name;
(c) A brief description of the merchandise
				for which a liability exists;
(d)
				The total liability to the preneed licensee for all undelivered merchandise or
				services which were sold during or subsequent to 1972.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-7 - TRUSTS AND TRUST FUNDS › Section 69K-7.011 - Criteria for Filing a Letter of Credit in Lieu of Maintaining a Trust Fund (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 497.103,
					 497.462 FS. Law Implemented
					 497.462,
					 497.463
					 FS.
New 3-20-91, Formerly 3D-30.036, Amended 10-25-95, 7-22-97,
					 6-21-01, Formerly 3F-7.011, Amended 2-9-16, Repealed
					 7-17-18.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-7 - TRUSTS AND TRUST FUNDS › Section 69K-7.012 - Criteria for Filing a Surety Bond in Lieu of Maintaining a Trust Fund (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 497.103,
					 497.461(4) FS.
					 Law Implemented 497.461,
					 497.462
					 FS.
New 3-20-91, Formerly 3D-30.039, Amended 10-25-95, 7-22-97,
					 8-2-01, Formerly 3F-7.012, Amended 2-9-16, Repealed
					 10-6-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-7 - TRUSTS AND TRUST FUNDS › Section 69K-7.013 - Procedures for Filing a Claim through the Department

Current through Reg. 50, No. 138; July 16, 2024
A buyer of preneed merchandise or services who does not
				  receive such services or merchandise due to the economic failure, closing, or
				  bankruptcy of the preneed licensee which has submitted a surety bond to the
				  Department in lieu of utilizing a preneed trust fund may file a claim through
				  the Department as provided by Section
				   497.462(2)(c),
				  F.S. The name and address of the surety company will be provided by the
				  Department. Once the requirements of Section
				   497.462, F.S., have been met,
				  the purchaser of preneed merchandise or services must file the claim in the
				  following manner:
(1) Submit to the
				Department Form DFS-C-3, Surety Bond Claim Form (Rev. 11/18), which is
				incorporated by reference in Rule
				 69K-1.001, F.A.C., and can be
				obtained via the Department's website at
https://myfloridacfo.com/Division/funeralcemetery/
;
(2) Attach a copy of the preneed contract for
				merchandise or services that is the subject of the claim, and provide
				documentation evidencing the purchaser's payment for the merchandise or
				services; and
(3) Submit evidence
				that the purchaser has made reasonable attempts to have the preneed licensee
				deliver the merchandise or perform the service.
Rulemaking Authority
					 497.103,
					 497.462(9) FS.
					 Law Implemented 497.462(2)(a),
					 (2)(c)
					 FS.
New 3-20-91, Formerly 3D-30.040, Amended 6-21-01, Formerly
					 3F-7.013, Amended 10-6-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-7 - TRUSTS AND TRUST FUNDS › Section 69K-7.015 - Trust Agreements and Trustees

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Any trust company or a state or national bank holding trust powers or a savings
				and loan association holding trust powers shall be considered a trustee
				qualified to serve as a trustee of a preneed trust under Section
				 497.458 or
				 497.464, F.S., or a
				pre-construction trust under Section
				 497.272, F.S.
(2) Any trust company or a state or national
				bank holding trust powers shall be considered a trustee qualified to serve as
				trustee of a care and maintenance trust under Section
				 497.266, F.S.
(3) All trust agreements and all amendments
				thereto must be submitted to and approved by the Board of Funeral, Cemetery,
				and Consumer Services.
(4) Each
				trust agreement must provide for:
(a)
				Resignation of the trustee.
(b)
				Replacement of trustee by trustor/settlor/grantor.
(c) Transfer of assets of the
				trust.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-7 - TRUSTS AND TRUST FUNDS › Section 69K-7.016 - Duties and Powers of Trustee; Authorized Investments

Current through Reg. 50, No. 138; July 16, 2024
(1) Each trustee serving pursuant to a trust
				agreement approved by the Board shall be responsible for the administration of
				the trust and the investment of its assets in a manner consistent with Chapter
				497, F.S.
(2) The duties and
				responsibilities of the trustee shall not be shared with the preneed licensee
				that established the trust or discharged to any third party associated with
				investment decisions. An advisor to the trustee may be appointed by the preneed
				licensee, however the recommendations of such advisor shall not be binding on
				the trustee and the trustee's liability shall not be diminished or abrogated in
				any way as a result of following the advice of the advisor.
(3) The preneed licensee or the advisor
				appointed by the preneed licensee is authorized to request the trustee to
				invest trust assets in whole or in part, in tax-free investments. An investment
				advisor is authorized to make non-binding recommendations to the trustee
				concerning specific investments.
(4) The trustee shall have the powers set
				forth in Part VIII of Chapter 736, F.S., to the extent they are not
				inconsistent or do not conflict with Chapter 497, F.S.
(5) The trustee shall have the power to
				invest the trust assets in those investments set forth in Section
				 215.47, F.S., however, there
				shall be no limitation on the portion of the trust assets that are allocated to
				tax-free investments pursuant to a request as stated in subsection (3) of this
				rule.
Rulemaking Authority
					 497.103 FS. Law Implemented
					 497.458
					 FS.
New 8-9-94, Amended 4-29-99, Formerly
					 3F-7.016.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-7 - TRUSTS AND TRUST FUNDS › Section 69K-7.017 - Trust Fund Deposits; Funeral and Burial Services and Merchandise Preneed Contract Payments

Current through Reg. 50, No. 138; July 16, 2024
(1) All payments
				paid toward any preneed funeral or burial service or merchandise contract shall
				be trusted pursuant to Section
				 497.458 or
				 497.464, F.S., unless such
				merchandise or service is sold by a cemetery company and such merchandise is
				delivered or such service performed within 120 days after receipt of the final
				payment in accordance with Section
				 497.283, F.S. This section shall
				not apply to preneed contracts sold pursuant to Section
				 497.462, F.S.
(2) If the contract payments are made in
				deferred installments for merchandise and services which are not intended to be
				delivered as provided in subsection (1), above, then the funds paid on each
				installment shall be allocated in the manner set forth in the
				contract.
(3) If the contract does
				not provide for the allocation of payments as anticipated in subsection (2),
				above, such payments shall be allocated as follows:
(a) Funds collected for preneed services or
				merchandise contracts which comply with Section
				 497.458, F.S., shall be
				deposited in trust as follows: 70 percent of funds collected for services; 100
				percent of funds collected for cash advance items; and 30 percent of funds
				collected or 110 percent of wholesale cost, whichever is greater, for
				merchandise. For deferred payment contracts the liability for each portion of
				the contract (services, cash advances and merchandise) shall be divided by the
				deferred payment price to arrive at the percentages for each portion of the
				contract. These percentages shall be applied to payments received to determine
				the amount to be deposited in trust. Once the total liability to the trust is
				fulfilled, no further deposits need be made to the trust.
(b) Funds collected for preneed services or
				merchandise contracts which comply with Section
				 497.464, F.S., shall not require
				allocation. The contract purchaser must make all payments to the Trustee or its
				servicing agent. The preneed licensee (seller) may receive a distribution of
				10% of funds collected by the Trustee. Once the total liability to the trust is
				fulfilled, no further deposits need be made to the trust.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-7 - TRUSTS AND TRUST FUNDS › Section 69K-7.020 - Treatment of Trusts Under Chapters 497 and 639, F.S

Current through Reg. 50, No. 138; July 16, 2024
(1) An "old Chapter 497, F.S., merchandise
				trust" is defined as a trust created and approved on or before September 30,
				1993, pursuant to Chapter 72-78, Laws of Florida, or as thereafter amended, for
				the deposit of proceeds from preneed contracts for burial services or related
				merchandise.
(2) A "new Chapter
				497, F.S., preneed trust" is defined as a trust created and approved on or
				after October 1, 1993, pursuant to Chapter 93-399, Laws of Florida, or as
				thereafter amended, for the deposit of proceeds from preneed contracts for
				funeral services, burial services, or related merchandise.
(3) A "Chapter 639, F.S., funeral trust" is
				defined as a trust created and approved on or before September 30, 1993,
				pursuant to Chapter 77-438, Laws of Florida, or as thereafter amended, for the
				deposit of proceeds from preneed contracts for funeral services or related
				merchandise.
(4) The Board shall
				have jurisdiction over all old Chapter 497, F.S., merchandise trusts, new
				Chapter 497, F.S., preneed trusts, chapter 639, F.S., funeral trusts, and all
				other trusts created pursuant to Chapter 497, F.S., in existence on October 1,
				1993, or created thereafter.
(5)
				All Chapter 639, F.S., funeral trusts shall retain the same trustee powers and
				trust provisions as authorized by Chapter 639, F.S., on September 30, 1993, as
				to all preneed funeral contracts entered into prior to September 30, 1993, even
				though said contracts do not pay out until after October 1, 1993.
(6) Each preneed licensee, settlor or trustor
				may change the trustee of any Chapter 639, F.S., funeral trust as provided in
				Chapter 497, F.S., (1993). Nevertheless, the trust provisions and trustee
				powers shall remain as they were in the Chapter 639, F.S., funeral trust
				agreement and related documents.
(7) A settlor or trustor may transfer assets
				from one Chapter 639, F.S., funeral trust upon the approval of the Board
				provided:
(a) The terms of the receiving trust
				do not violate any terms and conditions of the contracts or rights of the
				contract purchaser which provide the funds to be transferred;
(b) The preneed licensee or the trustee, as
				appropriate, acknowledges in writing its responsibilities under the trust and
				contract documents including its ability to segregate contracts by type to
				ensure that proper payment is made upon the death of the beneficiary or proper
				refund is made upon cancellation of a contract; and
(c) The Board determines that such transfer
				will not impair the rights of the contract purchaser.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-7 - TRUSTS AND TRUST FUNDS › Section 69K-7.022 - Payment of Funds Upon Contract Fulfillment; Documentation Required

Current through Reg. 50, No. 138; July 16, 2024
(1) Upon fulfillment, either in part or in
				whole, a preneed licensee may withdraw the amount deposited to trust plus
				income earned thereon for the merchandise or services which are delivered, when
				adequate documentation is submitted to the trustee.
(2) The following documentation shall be
				satisfactory evidence to show that a preneed contract has been fulfilled:
(a) Certified copy of a death certificate
				or;
(b) Invoice for merchandise
				which reflects the name of the purchaser or beneficiary and the contract number
				or;
(c) Acknowledgement signed by
				the purchaser or next of kin, acknowledging that merchandise was delivered or
				services performed or;
(d)
				Certification signed by an officer, manager or designee that the merchandise
				was delivered and/or services are performed or;
(e) Burial permit or other documentation
				provided to another governmental agency.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-8 - CONTRACTS › Section 69K-8.002 - Cancellation of Contracts

Current through Reg. 50, No. 138; July 16, 2024
(1) A purchaser
				may cancel a preneed contract in accordance with the terms of the contract,
				statute and rules that were effective at the time the contract was
				written.
(2) If the contract
				requires a greater refund than the statute or rules, the terms of the contract
				must be honored.
(3) When a preneed
				contract or cemetery contract is canceled, the accumulated earnings allocable
				to such contract shall be paid to the preneed licensee as provided by the
				statute and rules in effect when the contract was written.
(4) The seller of a preneed or cemetery
				contract may not cancel the contract unless the purchaser is in default under
				the terms of the contract or pursuant to the applicable statute and
				rules.
Rulemaking Authority
					 497.103 FS. Law Implemented
					 497.459
					 FS.
New 1-29-81, Formerly 3D-30.27, 3D-30.027, Amended 7-6-97,
					 Formerly 3F-8.002.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-8 - CONTRACTS › Section 69K-8.003 - Cancellation of Preneed Contracts; Reasonable Time Defined

Current through Reg. 50, No. 138; July 16, 2024
For purposes of section 497.459(2)(b)1., F.S., a reasonable
				  time for delivering merchandise consisting of "caskets" as defined by section
				   497.005(10),
				  F.S., and "outer burial containers" as defined by section
				   497.005(50),
				  F.S., shall be 24 hours from the time the purchaser or agent requests that the
				  preneed licensee deliver the merchandise. The preneed licensee shall record the
				  date and time that the request for delivery is received from the purchaser or
				  agent in a log kept for that purpose. In the event a preneed licensee fails to
				  maintain such log and record a request for delivery, then the date and time of
				  such request shall be the date and time designated by the purchaser or
				  agent.
Rulemaking Authority
					 497.103 FS. Law Implemented
					 497.459(2)(b)1. FS.
New 4-25-94, Amended 3-5-01, Formerly
					 3F-8.003.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-8 - CONTRACTS › Section 69K-8.004 - Preneed Contracts; Miscellaneous Provisions

Current through Reg. 50, No. 138; July 16, 2024
(1) Funds received on a preneed contract must
				be credited to the specific contract and all calculations regarding deposits to
				trusts or refunds to purchasers must be based on the amount paid by the
				purchaser or his representative.
(2) An overpayment on a preneed contract
				shall be refunded to the purchaser by the preneed licensee upon cancellation or
				fulfillment. With regard to all contracts upon which installment payments are
				being received on the date this rule becomes effective, any overpayment will be
				refunded following the receipt or the last installment payment, so long as the
				overpayment is $5 or greater.
(3)
				Misapplied or unidentified preneed funds shall be transferred to the correct
				preneed account immediately upon discovery, and shall be considered deposited
				timely if the funds were deposited in the trust in accordance with sections
				 497.458 and
				 497.464, F.S.
(4) Preneed accounts which are under or over
				trusted due to computer or manual miscalculations must be corrected immediately
				upon discovery, on a contract per contract basis.
(5) An executed preneed contract may be
				amended if the contract change does not affect the description or sales price
				of merchandise, or the sales price of services or cash advances, as reflected
				on the originally executed contract. All contract changes must be initialed and
				dated by the contract purchaser. The contract must be clearly legible before
				and after any amendments. A contract amendment can be in the form of an
				addendum to the contract provided the addendum is signed by the purchaser and
				preneed licensee or cemetery company and is attached to the original contract.
				If a contract is rewritten, funds credited to the original contract shall be
				transferred to the rewritten preneed contract within 30 days, but if the
				rewritten contract is canceled within thirty days, the old contract is
				reinstated and all funds paid by the purchaser on the new contract shall be
				returned to the purchaser.
Rulemaking Authority
					 497.103 FS. Law Implemented
					 497.457,
					 497.458,
					 497.459
					 FS.
New 3-20-95, Amended 6-15-95, 8-17-95, 4-10-97, 2-18-03,
					 Formerly 3F-8.004.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-8 - CONTRACTS › Section 69K-8.006 - Description of Merchandise on Preneed Contracts

Current through Reg. 50, No. 138; July 16, 2024
(1) Preneed contracts shall contain a
				description of merchandise purchased with sufficient information to describe
				the merchandise to the purchaser or any other person. The description of
				merchandise can be included on an addendum form to the contract, provided the
				addendum form is approved by the Board of Funeral, Cemetery, and Consumer
				Services. The approval of the Board shall be conditioned upon the addendum form
				containing the applicable information required by subsections (2)-(5), and
				being presented in a clear and readable form.
(2) If the product is sold to the purchaser
				generically, then a general description shall be sufficient, providing the
				following information is included:
(a) For
				all types of merchandise.
Materials used in construction: type of wood, gauge of steel,
				  marble, concrete, granite, bronze, fiberglass, plastic, etc.
(b) For caskets.
1. Types of handles: swing bar, fixed bar or
				no handles.
2. Color: exterior and
				interior.
3. Interior
				material.
4. Full or half
				couch.
5. Gasketed or
				non-gasketed.
(c) For
				memorials or monuments.
1. Size.
2. Design.
(d) For outer burial containers.
1. Lined (including types of
				lining).
2. Adhesive lid/non
				adhesive lid.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-8 - CONTRACTS › Section 69K-8.007 - Processing Fee

Current through Reg. 50, No. 138; July 16, 2024
(1) As used herein, a
				"processing fee" means a fee paid by a customer for services provided to
				process and archive a contract and related documents.
(2) If a licensee or preneed licensee
				includes a processing fee on a preneed or at need contract, the following
				requirements shall be met:
(a) The fee shall
				be disclosed to the purchaser on the licensee's or preneed licensee's General
				Retail Price List, Disclosure Price List or any printed or typewritten
				disclosure of fees that the licensee uses to comply with section
				 497.282(2),
				F.S.
(b) The fee shall be clearly
				disclosed as a processing fee in the contract.
(c) The fee shall not be included, or implied
				to be included, in any other fee charged to the purchaser.
(d) The fee may be charged on any contract
				for burial rights, merchandise or services even if the rights, merchandise or
				services were purchased on separate contracts at different dates. However, a
				licensee shall not charge the fee on a contract for the purchase of an opening
				and closing of a grave or installation of a vault in a grave in which burial
				rights have previously been purchased.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-8 - CONTRACTS › Section 69K-8.008 - Defaults on Sold or Discounted Installment Sales Contracts or Promissory Notes

Current through Reg. 50, No. 138; July 16, 2024
(1) Default by the
				purchaser on installment sales contracts or promissory notes shall not entitle
				the Cemetery Company to take credit for the amount deposited to the Care and
				Maintenance Trust Fund, unless the amount deposited has been returned to the
				purchaser.
(2) Installment sales
				contracts or promissory notes that include pre-need burial merchandise
				defaulted by the purchaser shall entitle the cemetery company to withdraw the
				amount deposited in the Merchandise Trust Fund.
Rulemaking Authority
					 497.103(1) FS.
					 Law Implemented 497.458,
					 497.459,
					 497.266,
					 497.267,
					 497.283
					 FS.
New 1-27-81, Formerly 3D-30.25, 3D-30.025, Formerly
					 69K-100.025.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-9 - ADVERTISING AND SOLICITATION › Section 69K-9.001 - Advertising

Current through Reg. 50, No. 138; July 16, 2024
Each licensee or registrant will maintain a file of all
				  brochures and related documents delivered to prospective customers and copies
				  of all advertising actually printed, published, broadcast or placed on any
				  electronic media.
Rulemaking Authority
					 497.103,
					 497.276(3) FS.
					 Law Implemented 497.276
					 FS.
New 8-22-76, Amended 1-27-81, Formerly 3D-30.20, 3D-30.020,
					 Amended 5-27-98, Formerly 3F-9.001.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-9 - ADVERTISING AND SOLICITATION › Section 69K-9.002 - Residential Solicitations

Current through Reg. 50, No. 138; July 16, 2024
(1) For
				purposes of this rule, residential solicitation shall mean: "a telephone call
				to, or an in-person visit at, any place a person defines as his or her
				home."
(2) No licensee or preneed
				licensee, officer, director, employee, or agent shall initiate, conduct, or
				attempt to conduct a pre-need residential solicitation, for the purpose of
				selling or other transfer of burial rights, merchandise, or services, after the
				hour of 9:00 p.m. and before the hour of 9:00 a.m. of the next calendar day
				except upon the prior express request of the person solicited.
(3) No licensee or preneed licensee, officer,
				director, employee, or agent shall knowingly initiate, conduct, or attempt to
				conduct pre-need residential solicitation, for the purpose of selling or other
				transfer of burial rights, merchandise, or services, of any person, or of any
				family of any person, who is suffering ill health except upon the prior express
				request of the person solicited.
Rulemaking Authority
					 497.103,
					 497.164 FS. Law Implemented
					 497.164,
					 497.321
					 FS.
New 4-16-86, Formerly 3D-30.034, Amended 3-27-03, Formerly
					 3F-9.002.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-9 - ADVERTISING AND SOLICITATION › Section 69K-9.003 - Solicitation in Healthcare Facilities

Current through Reg. 50, No. 138; July 16, 2024
(1)
				For purposes of the rule, "healthcare facilities" shall include hospitals and
				nursing homes.
(2) The prohibitions
				contained in this rule shall not encompass contact made by telephone call to
				individuals who are residents of or patients in healthcare facilities if said
				contacts are made to a telephone which operates on a private, outside line
				which is under the exclusive control of the resident or patient and which
				operates independently of the healthcare facility's normal business telephone
				system.
(3) The Board finds that
				the uninvited solicitation of sales for burial rights, funeral merchandise or
				funeral services of persons who are residents of or patients in healthcare
				facilities is not in the public interest and constitutes intimidating,
				overreaching and vexatious conduct. Such solicitation constitutes an uninvited
				invasion of personal privacy.
(4)
				No licensee shall solicit or cause to be solicited a person who resides in a
				healthcare facility unless the solicitation has been previously and expressly
				requested by the person being solicited.
Rulemaking Authority
					 497.103,
					 497.164 FS. Law Implemented
					 497.164
					 FS.
New 8-4-97, Amended 5-27-98, Formerly
					 3F-9.003.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-9 - ADVERTISING AND SOLICITATION › Section 69K-9.004 - Consumer Brochure

Current through Reg. 50, No. 138; July 16, 2024
Each cemetery and preneed licensee offering to provide burial
				  rights, merchandise, or services to the public shall display in its offices for
				  free distribution to all potential customers, and provide to all customers
				  before the contract is signed by the purchaser, a brochure entitled "Pre-Need
				  Funeral & Cemetery Arrangements," Form DFS-N1-1698, effective 10/06. The
				  brochures shall be purchased from the Department and cannot be printed by a
				  licensee or a private vendor for a licensee. Brochures shall be purchased, at
				  Department cost, by submitting the "Brochure Purchase Order," Form DFS-N1-1729,
				  effective 10/06, or by submitting a written request to the Department of
				  Financial Services, Division of Funeral, Cemetery and Consumer Services, 200
				  East Gaines Street, Tallahassee, FL 32399-0361. Brochures shall be sold in
				  increments of 100 with a minimum order of 100 brochures. Both forms are
				  incorporated by reference in rule
				   69K-1.001,
				  F.A.C.
Rulemaking Authority
					 497.103(5)(b),
					  497.167(5),
					  497.282(9)  FS.
					 Law Implemented 497.167(5),
					 497.282(9)
					 FS.
New 3-31-08.