Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-10 - PRENEED FUNERAL CONTRACT CONSUMER PROTECTION TRUST FUND › Section 69K-10.001 - Preneed Funeral Contract Consumer Protection Trust Fund

Current through Reg. 50, No. 138; July 16, 2024
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) A preneed contract or arrangement shall
				be deemed to be written within the meaning of Section
				 497.456, F.S., when a preneed
				contract or arrangement is executed by both the purchaser and the preneed
				licensee or its agent. A remittance for a preneed contract or arrangement dated
				within a specific quarter shall be submitted in the report for such
				quarter.
(2) "Purchase Price" means
				the total price charged by a preneed licensee to a consumer for a preneed
				contract or arrangement for funeral or burial merchandise, service or cash
				advance items; regardless of any payments made by the purchaser. The term
				"purchase price" does not include the amounts for burial, entombment or
				inurnment rights.
(3) If funeral or
				burial merchandise, services or cash advance items are included in a contract
				with other items as a unique product and the purchase price of such items are
				not itemized on the contract, the amount due the Preneed Funeral Contract
				Consumer Protection Trust Fund shall be determined from the retail prices of
				comparable items shown on the retail price list of the preneed
				licensee.
(4) Assessments required
				to be remitted pursuant to Section
				 497.456, 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.
(5) Contracts cancelled within thirty days of
				execution as provided by Section
				 497.456, F.S., shall not be
				counted as a contract sold for purposes of determining the amount to be
				remitted to the Preneed Funeral Contract Consumer Trust Fund.
(6) If a contract is cancelled after thirty
				days of execution, the preneed licensee shall not be entitled to credit the
				remittance for that contract against future remittances.
(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.
(8) The
				remittance form must be signed by the president if a corporation, a partner if
				a partnership, a member if a limited liability company, the owner if a sole
				proprietor, or by an authorized representative of the preneed licensee who may
				make such attestation upon written authorization by the preneed licensee as if
				the preneed licensee had made such signature himself. Such written
				authorization must be maintained by the preneed licensee as a permanent part of
				its records.
(9) No preneed
				licensee is entitled to a refund of its contribution to the Preneed Funeral
				Contract Consumer Protection Trust Fund. A preneed licensee who overpays the
				amount due to the Preneed Funeral Contract Consumer Protection Trust Fund may
				make the necessary adjustments in future reports, provided the adjustment is
				adequately disclosed and includes a reasonable explanation therefor. If a
				preneed contract's purchase price is adjusted or revised in good faith and not
				for the purpose of circumventing the payment of assessments, after the date the
				contract is originally written, then such event shall be considered
				inconsequential to the original deposit, and accordingly, there shall be no
				need to re-report the transaction hereunder.
Rulemaking Authority
					 497.103,
					 497.161,
					 497.456 FS. Law Implemented
					 497.103,
					 497.456
					 FS.
New 5-23-94, Amended 10-26-00, Formerly 3F-10.001, Amended
					 3-7-16, 3-12-23.