reglab/statecodes huggingface dataset:
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-1 - GENERAL APPLICATION AND LICENSURE REQUIREMENTS › Section 69K-1.004 - Exemption of Spouses of Members of Armed Forces from Licensure Renewal Provisions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 497.103,
					 497.168 FS. Law Implemented
					 497.168
					 FS.
New 4-10-84, Formerly 21J-17.05, 21J-17.005, Amended
					 12-10-00, Formerly 61G8-17.005,
					  69K-17.005, Repealed
					 2-18-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-1 - GENERAL APPLICATION AND LICENSURE REQUIREMENTS › Section 69K-1.005 - Licensure Application Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) This rule sets forth the Department's
				procedure for processing applications of persons and entities who apply for the
				following licenses under chapter 497, F.S.
1.
				Broker of burial rights;
2.
				Centralized embalming facility;
3.
				Cinerator facility;
4. Concurrent
				intern (funeral director & embalmer);
5. Direct disposal establishment;
6. Direct disposer;
7. Embalmer apprentice;
8. Embalmer intern;
9. Embalmer;
10. Funeral director and embalmer;
11. Funeral director intern;
12. Funeral director;
13. Funeral establishment;
14. Monument establishment;
15. Refrigeration facility;
16. Removal service.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-1 - GENERAL APPLICATION AND LICENSURE REQUIREMENTS › Section 69K-1.007 - Disclosure of Certain Criminal Records for Renewal of License

Current through Reg. 50, No. 138; July 16, 2024
(1) A licensee who, pursuant to section
				 497.142(10)(a),
				F.S., is required to disclose a criminal record when renewing his or her
				license, shall disclose the criminal record by completing and filing with the
				Division of Funeral, Cemetery, and Consumer Services, a Form DFS-N1-2043,
				Disclosure of Criminal Record at Renewal of License,
https://www.flrules.org/gateway/reference.asp?NO=Ref-00267
.
				Form DFS-N1-2043 (Eff. 3/11), which is hereby incorporated by reference, is
				available on the website of the Division, at
http://www.MyFloridaCFO.com/funeralcemetery/
,
				or by contacting the Division at phone number (850)413-3039.
(2) Form DFS-N1-2043 shall be filed by
				mailing or otherwise delivering the completed form to the Division at the
				following address: Division of Funeral, Cemetery, and Consumer Services, 200
				East Gaines Street, Tallahassee, FL 32399-0361. Form DFS-N1-2043 shall be filed
				with the Division prior to the expiration date of the license to which the
				disclosure relates.
(3) Pursuant to
				section  497.142(10),
				F.S., when renewing a license, a licensee is only required to disclose those
				criminal offenses that occurred since the initial issuance of the license or
				the most recent renewal of the license, whichever is more recent. Any criminal
				record that was disclosed to the Division when the license was initially
				applied for, or that was disclosed in connection with a prior renewal of the
				license, is not required to be disclosed again at any subsequent renewal.
				Traffic infractions that are not criminal offenses are not required to be
				disclosed.
Rulemaking Authority
					 497.103(5)(b),
					 497.142(10)(g)
					 FS. Law Implemented 497.103(2)(c),
					 497.141,
					 497.142
					 FS.
New 6-12-11.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-2 - MEETINGS OF BOARD OF FUNERAL, CEMETERY, AND CONSUMER SERVICES › Section 69K-2.003 - Other Official Board Business

Current through Reg. 50, No. 138; July 16, 2024
Pursuant to section
				   497.101, F.S., other Board
				  business for purposes of this section is defined as:
(1) Meetings of committees, appointed by the
				Chairman of the Board;
(2) Probable
				Cause Panel meetings;
(3) Meetings
				of a Board member with Department staff or contractors of the Department, at
				the Department's request;
(4)
				Meetings attended by a board member where the attendance and participation of
				the board member at the meeting has been:
(a)
				Requested or approved by the Department; and
(b) The Board member's participation at the
				meeting is related to the Board's authority as set forth in chapter 497,
				F.S.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-5 - CEMETERY REGULATION AND PRENEED SALES › Section 69K-5.0015 - Preneed Licenses

Current through Reg. 50, No. 138; July 16, 2024
(1) For purposes of
				a corporation qualifying for a preneed licensee pursuant to subsection
				 497.452(3),
				F.S., by use of a corporate agent, such corporate agent must have common
				ownership in excess of 50% of the voting stock with the preneed licensee or
				applicant. If the applicant or preneed licensed is a not-for-profit
				corporation, then it must have common membership with any corporate agent
				through which it plans to sell preneed contracts in accordance with subsection
				 497.452(3),
				F.S.
(2) Nothing herein shall
				prohibit a corporate preneed licensee from selling preneed contracts through
				corporate subsidiaries or other entities with common ownership in excess of 50%
				of the voting stock or common membership in the case of not-for-profit
				corporations, so long as such entities are made known to the Board prior to any
				such preneed sales provided:
(a) The Board
				determines that the preneed licensee will be legally liable for the acts and
				liabilities of such entity arising out of its sales; and
(b) The financial condition of the selling
				entity or subsidiary when viewed in the aggregate with the financial condition
				of the preneed licensee does not impair the ability of the preneed licensee to
				qualify for or retain a preneed license.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-5 - CEMETERY REGULATION AND PRENEED SALES › Section 69K-5.0016 - Preneed License; Financial Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) For the purposes of this section, "Total
				preneed contracts" is defined as the total retail value of all outstanding
				preneed contracts.
(2) A Preneed
				Licensee or applicant must meet and maintain the following requirements on an
				annual basis, demonstrating its ability to discharge its liabilities as they
				become due in the normal course of business and must have sufficient funds
				available to perform its obligation under its existing preneed contracts.
(a) A Preneed Licensee or applicant must
				submit its most recent year-end financial statements (including a balance sheet
				and income statement) with the Preneed License application and annually
				thereafter as provided in section
				 497.453(1),
				F.S. The financial statements must be prepared in accordance with generally
				accepted accounting principles (GAAP) as those principles have been defined by
				the Florida Board of Accountancy in chapter 61H1-20, F.A.C. If the applicant
				does not have the minimum net worth as set forth in paragraph (2)(b) or lacks
				sufficient liquid assets to satisfy current liabilities or does not appear to
				have any substantial long-term assets, the Department shall request additional
				financial information concerning financial statements and the statement of cash
				flows.
(b) The Preneed Licensee's
				financial statements must demonstrate the following levels of net worth:
1. Preneed Licensee that has total preneed
				contracts $100,000 or less-$10,000 net worth;
2. Preneed Licensee that has total preneed
				contracts of $100,001 to $200,000-$20,000 net worth;
3. Preneed Licensee that has total preneed
				contracts of $200,001 to $400,000-$40,000 net worth;
4. Preneed Licensee that has total preneed
				contracts of $400,001 to 600,000-$60,000 net worth;
5. Preneed Licensee that has total preneed
				contracts of $600,001 to $800,000-$80,000 net worth;
6. Preneed Licensee that has total preneed
				contracts in excess of $800,000-$100,000 net worth.
(c) In the case of a Preneed Licensee or
				applicant offering preneed sales through a subsidiary agent, as provided in
				rule  69K-5.0015, F.A.C., the Preneed
				Licensee or applicant shall execute a guarantee agreement with respect to any
				contract obligations resulting from preneed sales of such a selling
				agent.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-5 - CEMETERY REGULATION AND PRENEED SALES › Section 69K-5.002 - Application for Preneed License

Current through Reg. 50, No. 138; July 16, 2024
(1) Each
				entity desiring to obtain a preneed license shall apply to the Board by
				submitting the following:
(a) A completed
				Application for Preneed License, Form DFS-PNL-1, and a Historical Sketch, Form
				DFS-HistS, which are incorporated by reference in Rule
				 69K-1.001, F.A.C., and available
				on the Department's Division of Funeral, Cemetery, and Consumer Services,
				(Division) website at
http://www.MyFloridacfo.com/Division/FuneralCemetery/
.
				The application and historical sketch must be completed and signed less than
				thirty (30) days prior to receipt by the Division; and
(b) An application fee of $500 and an
				unlicensed activity fee of $5 for the annual period beginning July 1 of each
				year or any part thereof.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-5 - CEMETERY REGULATION AND PRENEED SALES › Section 69K-5.0021 - Application for Preneed License Branch Office License

Current through Reg. 50, No. 138; July 16, 2024
(1) Every Preneed Licensee that is part of a
				common business enterprise and elects to operate under a different name shall
				apply to the Board for a license to operate a branch office by submitting the
				following:
(a) A completed Application for
				Preneed Branch Office License, Form DFS-PNLB, which is incorporated by
				reference in Rule  69K-1.001, F.A.C., and available
				on the Department's website at
http://www.MyFloridacfo.com/Division/FuneralCemetery/
.
				The licensee must submit an application that was signed less than thirty (30)
				days prior to receipt by the Division; and
(b) An application fee of $150 and an
				unlicensed activity fee of $5 for the annual period beginning July 1 of each
				year or any part thereof.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-5 - CEMETERY REGULATION AND PRENEED SALES › Section 69K-5.0022 - Applications for Transfer of a Preneed License

Current through Reg. 50, No. 138; July 16, 2024
(1) When an entity which holds a preneed
				license changes ownership it shall cease operating under the preneed license.
				The successor owner may apply to transfer the preneed license and obtain a
				temporary preneed license to continue to operate. To be eligible to transfer a
				preneed license the successor entity must apply for a transfer within thirty
				(30) days of the change in ownership by submitting the following to the Board
				of Funeral, Cemetery, and Consumer Services:
(a) A completed Application for Transfer of a
				Preneed License, Form DFS-PNLT1, and, for each principal, a Historical Sketch,
				Form DFS HistS. Both forms are incorporated by reference in Rule
				 69K-1.001, F.A.C., and available
				on the Department's website at
http://www.MyFloridacfo.com/Division/FuneralCemetery/
.
				Each of the forms must be signed less than thirty (30) days prior to receipt by
				the Division;
(b) A non-refundable
				application fee of $100 and an unlicensed activity fee of $5 must accompany the
				form, for the remainder of the annual license period in which the application
				is approved; and
(c) Financial
				statements documenting compliance with Rule
				 69K-5.0016,
				F.A.C.;
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-5 - CEMETERY REGULATION AND PRENEED SALES › Section 69K-5.0023 - Temporary Preneed Licenses

Current through Reg. 50, No. 138; July 16, 2024
(1) Upon
				receipt of a completed application for Transfer of a Preneed License including
				the required documentation of eligibility for a temporary certificate, the
				Executive Director of the Board of Funeral, Cemetery, and Consumer Services,
				may grant a temporary preneed license upon a determination by the Executive
				Director that issuance of such temporary certificate is in the best interest of
				consumer protection and that the applicant has met the following criteria:
(a) The entity to be acquired holds a current
				preneed license issued pursuant to chapter 497, F.S.;
(b) Applicant has met the financial
				requirements of rule  69K-5.0016, F.A.C.;
(c) There are no pending administrative
				actions taken either by the Board or the Department against either
				entity.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-5 - CEMETERY REGULATION AND PRENEED SALES › Section 69K-5.0024 - Remittances to the Regulatory Trust Fund

Current through Reg. 50, No. 138; July 16, 2024
The amounts required to be remitted by a preneed licensee to
				  the Regulatory Trust Fund, pursuant to the provisions of section
				   497.453(9),
				  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
				 497.453, 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) Beginning with
				contracts written July 1, 2009, each preneed licensee shall remit to the
				Regulatory Trust Fund of the Department of Financial Services a fee of $6.00
				for each preneed contract written; regardless of any payments made by the
				purchaser.
(3) Assessments required
				to be remitted pursuant to section
				 497.453, F.S., shall not be
				payable from funds subject to the trust provisions of sections
				 497.458 and
				 497.464, F.S. Refund of a
				regulatory trust fund fee by a licensee to its customer shall not relieve the
				licensee of its obligation to remit regarding that contract under section
				 497.453(6),
				F.S.
(4) Contracts canceled within
				thirty days of execution as provided by section
				 497.453, F.S., shall not be
				counted as a contract sold for purposes of determining the amount to be
				remitted to the Regulatory Trust Fund.
(5) If a contract is canceled after thirty
				days of execution, the preneed licensee shall not be entitled to credit the
				remittance for that contract against future remittances.
(6) Quarterly preneed remittances must be
				made by preneed licensees in the following manner:
(a) Servicing agents must follow the
				procedures in Form DFS-PNS-1, User Manual for Servicing Agents for the Preneed
				Remittance System (PNRS) (Eff. 04/22), which is hereby incorporated by
				reference and available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-14144
or on the Department's website:
https://www.myfloridacfo.com/Division/funeralcemetery/Licensing
.
(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) (Eff. 04/22), which is hereby
				incorporated by reference and available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-14145
or on the Department's website:
https://www.myfloridacfo.com/Division/funeralcemetery/Licensing
.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-5 - CEMETERY REGULATION AND PRENEED SALES › Section 69K-5.0025 - Inactive Preneed Licenses

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				preneed licensee shall be considered inactive upon acceptance by the Board of
				the surrender of the preneed license, if the preneed licensee fails to submit a
				renewal application and fees or upon the final expiration of the preneed
				license after denial of renewal by the Board.
(2) Upon becoming inactive, the preneed
				licensee shall do the following:
(a) Cease the
				sale of preneed contracts.
(b)
				Deposit into trust 100% of the funds collected as payments or made on
				outstanding preneed contracts.
(c)
				Notify the Department of the preneed licensee's compliance with this
				rule.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-5 - CEMETERY REGULATION AND PRENEED SALES › Section 69K-5.0026 - Preneed License Renewal

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) Each active preneed license shall be
				renewed for the annual period beginning July 1st of each year upon approval by
				the Board of Funeral, Cemetery, and Consumer Services. The Department will
				provide a renewal reminder either by mail or electronic notice to each licensee
				at the address of record. Failure to receive any notification does not relieve
				the licensee of the responsibility to meet the renewal application
				requirements. The application for renewal will be presented to the Board upon
				receipt by the Department of a non-refundable renewal fee as established by
				subsection  497.453(5),
				F.S., and a financial statement as of the entity's most recent fiscal year end.
				The licensee shall apply by mail and pay the renewal fee either online, if
				available, or by mail to the Department of Financial Services, Division of
				Funeral, Cemetery, and Consumer Services, at the address indicated on the
				form.
(b) The following forms are
				to be completed by the licensee:
1. Form
				DFS-PNL-R, Cover Sheet and General Instructions for Preneed License and Branch
				Annual Renewal Packet;
2. Form
				DFS-PNL-R1, Invoice - Renewal of Preneed License;
3. Annual Financial Statement:
a. Form DFS-PNL-R2, Financial Statement
				Instructions;
b. Form DFS-PNL-R2A,
				Balance Sheet of Preneed Licensee;
c. Form DFS-PNL-R2B, Income
				Statement;
4. Annual
				Renewal Statement:
a. Form DFS-PNL-R3A,
				Statement of Preneed Sales Under Each Individual Trust, Surety Bond, or
				Insurer;
b. Form DFS-PNL-R3B,
				Summary of Preneed Activity; and
5. Form DFS-PNL-R4, Annual PNL Financial
				Statement and Renewal Statement Certification and Application for
				Renewal.
(c) Each preneed
				licensee that is not renewing its preneed license shall mail in a completed
				Notice of Non-Renewal of Preneed License, Form DFS-PNL-R5, prior to the
				expiration of the license.
(d) If,
				at the time of renewal, a preneed licensee's net worth does not meet the
				requirements of section
				 497.453, F.S., or rule
				 69K-5.0016, F.A.C., the preneed
				licensee shall mail in a completed Net Worth Alternatives Form, Form
				DFS-PNL-R6.
(e) Each of the forms
				listed above in subsection (1) is incorporated by reference in rule
				 69K-1.001, F.A.C., and can be
				obtained on the Department's website at
http://www.MyFloridacfo.com/Division/FuneralCemetery/
.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-5 - CEMETERY REGULATION AND PRENEED SALES › Section 69K-5.003 - Application for Preneed Sales Agent License and Appointment

Current through Reg. 50, No. 138; July 16, 2024
(1) Each person desiring to obtain a preneed
				sales agent license shall apply to the Department by submitting the following
				by certified mail or online:
(a) A completed
				Application of a Preneed Sales Agent, Form DFS-PNS-1, adopted in Rule
				 69K-1.001, F.A.C. The
				application must be completed and signed by an authorized representative of the
				preneed licensee within thirty (30) days prior to receipt by the
				Department;
(b) Fees.
1. The fee for licensure and initial
				appointment as a preneed sales agent shall be $250.
2. The fee for each additional appointment
				shall be $250.
3. The fee for
				biennial renewal of a preneed sales agent appointment shall be $250.
The above fees shall be effective on the later of July 1,
				  2009, or this rule becoming effective.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-5 - CEMETERY REGULATION AND PRENEED SALES › Section 69K-5.0031 - Definition of Good Standing With the Board of Funeral, Cemetery, and Consumer Services (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 497.103 FS. Law Implemented
					 497.466(2)
					 FS.
New 4-23-95, Formerly 3F-5.0031, Repealed
					 3-1-16.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-5 - CEMETERY REGULATION AND PRENEED SALES › Section 69K-5.0035 - Termination of Appointment of a Preneed Sales Agent

Current through Reg. 50, No. 138; July 16, 2024
Within thirty (30) days of any termination of any registered
				  preneed sales agent, the preneed licensee shall give written notice to the
				  Department. The notice may be submitted in writing, electronically, or via
				  facimile, and shall contain:
(1) The
				effective date of termination, the name, and license number of the preneed
				sales agent;
(2) The name, license
				number, and business location of the preneed licensee where the preneed sales
				agent was working;
(3) Signature of
				an authorized agent of the preneed licensee.
Rulemaking Authority
					 497.103 FS. Law Implemented
					 497.466(7)(g)
					 FS.
New 5-29-94, Formerly 3F-5.0035, Amended
					 1-12-04.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-5 - CEMETERY REGULATION AND PRENEED SALES › Section 69K-5.004 - Procedures for Licensing a New Cemetery

Current through Reg. 50, No. 138; July 16, 2024
(1) Any corporation, partnership or limited
				liability company wishing to establish a cemetery should review the
				requirements of the Florida Funeral, Cemetery, and Consumer Services Act
				(chapter 497, F.S.) and applicable rules and regulations before filing a formal
				application for permission to start a cemetery in the State of Florida. The
				following should then be completed and submitted to the Department:
(a) Application To Organize A New Cemetery
				Company, Form DFS-CEMN, adopted in rule
				 69K-1.001, F.A.C., and a
				non-refundable fee in the amount of $5,005;
(b) Application to Transact Cemetery
				Business, Form DFS-CEM, and a license fee of $255 to $4,905 depending on the
				applicant's most current annual gross sales, refundable if license is not
				issued;
(c) Current Financial
				Statement of each proponent, Form DFS-F-32, adopted in rule
				 69K-1.001,
				F.A.C.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-5 - CEMETERY REGULATION AND PRENEED SALES › Section 69K-5.006 - Procedure for Licensing Transferred Cemeteries

Current through Reg. 50, No. 138; July 16, 2024
(1) Application. A person, a group of persons
				or a corporation proposing to purchase or acquire control of an existing
				cemetery company either by purchasing the outstanding capital stock of any
				cemetery company, or the interest of the owner or owners, and thereby to change
				the control of said cemetery company, shall file the following applications
				with the Department by mail to the Division of Funeral, Cemetery and Consumer
				Services, Revenue Processing, P.O. Box 6100, Tallahassee, Florida 32399-6100.
(a) Completion of an Application for
				Authority to Acquire Control of an Existing Cemetery Company, Form DFS-F35,
				adopted in rule  69K-1.001, F.A.C., shall be
				accompanied by a license fee which is based on the cemetery's gross sales for
				the previous fiscal year, pursuant to section
				 497.265, F.S.
(b) Completion of an Application to Transact
				Cemetery Business, Form CEM, adopted in rule
				 69K-1.001, F.A.C., shall be
				accompanied by a license fee based on the cemeteries' last fiscal year sales
				pursuant to section  497.265,
				F.S.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-5 - CEMETERY REGULATION AND PRENEED SALES › Section 69K-5.007 - Conversion Procedures

Current through Reg. 50, No. 138; July 16, 2024
When a municipal, church owned, fraternal or community and
				  non-profit association cemetery converts to a cemetery company as defined in
				  Section  497.005, F.S., then said
				  cemetery shall file the following with the Department:
(1) An Application To Organize A New Cemetery
				Company, Form DFS-CEMN, adopted in Rule
				 69K-1.001, F.A.C. This
				application shall be accompanied by a non-refundable application fee of
				$5,005.
(2) Establish and maintain
				a care and maintenance trust fund. The initial deposit for establishment of
				this trust fund shall be an amount equal to $10.00 per space for all spaces
				either previously sold or contracted for sale in said cemetery at the time of
				conversion or $50,000, whichever sum is greater.
(3) Copy of sales agreement.
(4) Completion of an Application To Transact
				Cemetery Business, Form DFS-CEM, adopted in Rule
				 69K-1.001, F.A.C. Form DFS-CEM
				shall be accompanied by a license fee based on the cemetery's last fiscal year
				sales pursuant to Section
				 497.265,
				F.S.
Rulemaking Authority
					 497.103 FS. Law Implemented
					 497.263,
					 497.265
					 FS.
New 9-29-75, Amended 1-27-81, Formerly 3D-30.19, Amended
					 10-23-91, Formerly 3D-30.019, Amended 6-26-02, Formerly 3F-5.007, Amended
					 3-1-16, 11-7-22.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-5 - CEMETERY REGULATION AND PRENEED SALES › Section 69K-5.008 - Request for Additional Information - Applications

Current through Reg. 50, No. 138; July 16, 2024
Rules
				   69K-5.004,
				   69K-5.006,
				   69K-5.007 and
				   69K-5.009, F.A.C., provide
				  methods, procedures and supporting documentation for the licensing of new
				  cemeteries, transferred cemeteries and for conversion procedures. All
				  information the applicant wants to present in order to support the application
				  should be submitted with the original filing. The required exhibits in the
				  application forms are not intended to limit the applicant's presentation of any
				  of the requirements, but merely represent the minimum information to be filed.
				  Additional information must be submitted within sixty (60) days after a request
				  therefor if specifically requested by the department within thirty (30) days
				  after receipt of the application. Failure to respond to such request within
				  sixty (60) days after the date of the request will be construed by the
				  department and the Board of Funeral, Cemetery, and Consumer Services as grounds
				  for denial of an application in accordance with the provisions of Section
				   120.60, F.S., and the file shall
				  be closed. Should the file be closed pursuant to these provisions, the
				  applicant shall be duly notified.
Rulemaking Authority
					 497.103 FS. Law Implemented
					 497.263
					 FS.
New 12-22-81, Formerly 3D-30.29, 3D-30.029, Amended
					 6-26-02, Formerly 3F-5.008, Amended
					 1-12-04.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-5 - CEMETERY REGULATION AND PRENEED SALES › Section 69K-5.009 - Regulatory Standards for Evaluating Applications by the Board

Current through Reg. 50, No. 138; July 16, 2024
When an application for authority to organize and operate a
				  new cemetery company is filed, it is the applicant's responsibility to meet the
				  statutory criteria warranting the grant of authority. If, in the opinion of the
				  Board, any one of the criteria as set forth in section
				   497.263, F.S., which requires
				  board review and approval has not been met and cannot be remedied by the
				  applicant, the Department cannot approve the application.
The applicant shall submit information addressing the
				  following:
(1) Capital structure.
(a) Capital should be adequate to enable the
				new cemetery to provide necessary services for cemeteries, including adequate
				service to the community and adequate care and maintenance of the
				cemetery.
(b) Capital shall be
				sufficient to purchase a cemetery site of no less than thirty (30) contiguous
				acres in fee simple unencumbered; to develop at least two (2) acres for burial
				spaces including paved road from a public roadway; to purchase or lease
				adequate equipment for the operation and maintenance of the cemetery; and to
				build or lease suitable facilities to operate the cemetery.
(c) An applicant shall demonstrate that it
				has sufficient capital to sustain its operations until its first projected
				profitable year. Sufficient capital shall mean that the applicant is able to
				cover its cumulative losses until projected profitability; provided that, in no
				event may the tangible accounting net worth of the applicant be less than
				$50,000. The demonstration of sufficient capital shall be made by submittal of
				a reasonable business plan covering every year from inception up to and
				including its first projected year of profitability and providing:
1. Revenue expectations based on the
				applicant's projected sources of revenue and projected revenue including number
				of annual sales and average sales on a unit basis and a demographic analysis of
				the applicant's projected market which supports this revenue
				projection;
2. An analysis of the
				cost incurred to achieve the projected revenues including sales costs, product
				costs, delivery of service costs, financing of capital requirements cost, care
				and maintenance costs, the cost of perpetual care (including other sources of
				funds in the event of shortfalls in the perpetual care funds); and,
3. Any information required by the Board and
				reasonably necessary for the Board to make a determination of the applicant's
				financial stability.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-5 - CEMETERY REGULATION AND PRENEED SALES › Section 69K-5.010 - List of Approved Forms; Incorporation (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					  497.103,
					 497.260,
					  497.263,
					 497.266,
					 497.272,
					 497.276,
					 497.281,
					 497.283,
					 497.287,
					 497.453,
					 497.456,
					 497.458,
					 497.459,
					 497.460,
					 497.462,
					 497.463,
					 497.464,
					 497.466 FS. Law Implemented
					 497.103,
					 497.263,
					  497.265,
					  497.266,
					  497.268,
					  497.283,
					  497.452,
					  497.453,
					  497.466 FS.
New 9-28-03, Formerly 3F-5.010, Transferred to
					  69K-1.001.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-5 - CEMETERY REGULATION AND PRENEED SALES › Section 69K-5.0101 - Forms and Instructions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 497.103 FS. Law Implemented
					 497.103(2)(c),
					 497.368,
					 497.369,
					 497.370,
					 497.373,
					 497.374,
					 497.375,
					 497.376,
					 497.377,
					 497.378,
					 497.379,
					 497.380,
					 497.382,
					 497.385,
					 497.602,
					 497.603,
					 497.604,
					 497.605
					 FS.
New 11-11-79, Amended 11-9-82, Formerly 21J-14.07,
					 21J-14.007, Amended 4-16-95, 1-10-02, Formerly 61G8-14.007, Repealed
					 10-1-07.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-5 - CEMETERY REGULATION AND PRENEED SALES › Section 69K-5.011 - Preneed Sales Agent Renewal

Current through Reg. 50, No. 138; July 16, 2024
(1) Each
				active preneed sales agent (PSA) license shall be renewed for a biennial period
				beginning two (2) years after their initial date of appointment. Prior to the
				end of the biennial period, the Department will mail or email a renewal notice
				to the appointing entity for each PSA at their address of record or email on
				file through Form DFS-PNSR-1, Notice of Approaching Preneed Sales Agents
				Renewal Date (Rev. 08/16), which is hereby incorporated by reference as part of
				this rule, and a copy can be obtained through the Division's website at
https://www.MyFloridacfo.com/Division/funeralcemetery/Licensing/default.htm
or
http://www.flrules.org/Gateway/reference.asp?No=Ref-10101
.
				In order to timely renew the appointment, the appointing entity must submit the
				appropriate renewal submission and fees either:
(a) electronically through their account on
				the Department's Producer Appointment System (eAppoint), which can be accessed
				through the Division's website at
http://www.MyFloridacfo.com/division/funeralcemetery/
or
(b) by mailing a copy of the
				completed paper form's Renewal Summary page to the Department's address
				indicated on the form. The appointing entity shall follow the instructions
				provided on either the form or the eAppoint website in order to submit an
				appointment renewal and pay the renewal fees to the Department. The process
				overview for PSA renewal submissions electronically through eAppoint is
				provided in Form DFS-N1-2179, Preneed Sales Agent (PSA) Online Renewal
				(Effective 08/18), which is hereby incorporated by reference as part of this
				rule, and a copy can be obtained through the Division's website at
https://www.MyFloridacfo.com/Division/funeralcemetery/Licensing/default.htm
or
http://www.flrules.org/Gateway/reference.asp?No=Ref-10099
.
				Failure to receive any notification does not relieve the licensee of the
				responsibility to meet the renewal application requirements. There is a $250
				non-refundable renewal fee for each PSA appointment that is renewed
				electronically, and for each PSA appointment choosing to renew by paper form
				there is a $25 non-refundable fee, in addition to the $250 non-refundable
				renewal fee, for manual application processing by the Department. Failure to
				timely renew and pay the fees for PSA appointments shall result in the
				termination of the appointment.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-5 - CEMETERY REGULATION AND PRENEED SALES › Section 69K-5.012 - Application and Renewal Procedures for Broker of Burial Rights License

Current through Reg. 50, No. 138; July 16, 2024
(1) Each person desiring to obtain licensure
				as a broker of burial rights shall apply to the Department by submitting the
				following:
(a) A completed Broker of Burial
				Rights License Application, Form DFS-C-BBRI, which is incorporated by reference
				in rule  69K-1.001, F.A.C., and available
				on the Department's website at
www.myfloridacfo.com/Division/funeralcemetery/
or by mail from the Department of Financial Services, Division of Funeral,
				Cemetery, and Consumer Services, 200 East Gaines Street, Tallahassee, Florida
				32399-0361. The application shall be completed and signed within thirty (30)
				days prior to receipt by the Department;
(b) A non-refundable license fee of $150,
				which shall be the fee for the biennial licensure period beginning October 1 of
				each odd numbered year or any part thereof;
(c) A $5 unlicensed activity fee pursuant to
				section  497.140(6)(a),
				F.S.; and,
(d) A set of
				fingerprints (either electronic or on paper) pursuant to rule
				 69K-1.002,
				F.A.C.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-5 - CEMETERY REGULATION AND PRENEED SALES › Section 69K-5.0125 - Minimum Records to Be Maintained by Burial Rights Brokers; Inspection of Records

Current through Reg. 50, No. 138; July 16, 2024
(1) Definitions.
				As used in this rule, the following definitions apply:
(a) "Person" includes natural persons,
				corporations, limited liability companies, trusts, and partnerships.
(b) "Department" refers to the Florida
				Department of Financial Services.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-5 - CEMETERY REGULATION AND PRENEED SALES › Section 69K-5.013 - Procedure for Report of Identification for an Exempt Cemetery

Current through Reg. 50, No. 138; July 16, 2024
(1) Each cemetery required to register as an
				exempt cemetery pursuant to sections
				 497.260 and
				 497.287, F.S., shall submit to
				the Department:
(a) A completed Report of
				Identification for an Exempt Cemetery, Form DFS-EC-1, which is incorporated by
				reference in rule  69K-1.001, F.A.C., and available
				on the Department's website at
http://www.MyFloridacfo/com/Division/FuneralCemetery/
.
				The report must be completed, signed, and verified less than thirty (30) days
				prior to receipt by the Department; and
(b) A non-refundable registration fee of
				$25.00 shall be the fee for each five (5) year period beginning October 1,
				2013, or any part thereof.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-6 - PRACTICE AND PROCEDURES › Section 69K-6.001 - Grave Spaces; Definition Limited

Current through Reg. 50, No. 138; July 16, 2024
"Grave space," according to the definition in section
				   497.005(37),
				  F.S., means a space of ground in a cemetery intended to be used for the
				  interment in the ground of the remains of a deceased person. Said definition is
				  not altered or modified because of the dimensions of the space or whether
				  vertical or horizontal to be the natural contour of the ground or whether the
				  remains or cremains of more than one person occupy the same
				  excavation.
Rulemaking Authority
					 497.103(5)(a),
					 497.161(1)(c)
					 FS. Law Implemented 497.005(37)
					 FS.
New 7-20-73, Renumbered from 3-8.08 to 3D-30.08 on 9-8-75,
					 Amended 1-27-81, Formerly 3D-30.08, 3D-30.008,
					 3F-6.001.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-6 - PRACTICE AND PROCEDURES › Section 69K-6.0015 - Definition of Established Adult Grave Space

Current through Reg. 50, No. 138; July 16, 2024
An established adult grave space is one that was established
				  in a garden designated for ground burials clearly shown in a Plan of
				  Development provided to the Department prior to October 1, 2005 and which was
				  surveyed and pinned with appropriate markers placed prior to October 1, 2005.
				  If no Plan of Development was provided to the Department prior to October 1,
				  2005, then an established adult grave space is one that is in a section or
				  garden in which a sale or sales were made and specific grave spaces were
				  assigned and shown on a map prior to October 1, 2005.
Rulemaking Authority
					 497.103(5)(a),
					 497.161(1)(a)
					 FS. Law Implemented 497.161(1)(a),
					 497.274
					 FS.
New 1-8-07.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-6 - PRACTICE AND PROCEDURES › Section 69K-6.0016 - Definition of Developed Area

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				developed area in a cemetery is a garden or other specifically defined area in
				which there is an established adult grave space as defined in rule
				 69K-6.0015, F.A.C., or
				established after October 1, 2005.
(2) For the purposes of this rule, the
				following will be considered a "developed area":
(a) The addition of an area consisting of not
				more than 10 adult grave spaces that are created within 50 feet of an adjacent
				section or garden that contains grave spaces developed prior to or after
				October 1, 2005 and which is mapped and has internal reference
				markers.
(b) The addition of 4 or
				less spaces at any one time within or contiguous to a section or garden which
				is mapped and which has internal reference
				markers.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-6 - PRACTICE AND PROCEDURES › Section 69K-6.002 - Care and Maintenance of Existing Cemetery

Current through Reg. 50, No. 138; July 16, 2024
Every licensed cemetery shall be maintained in a reasonable
				  condition as defined in Section
				   497.005(11),
				  F.S.
Rulemaking Authority
					 497.103(1)(n),
					 (5)(a),
					 497.161(1)(c),
					  497.262  FS. Law Implemented
					 497.262,
					  497.266,
					  497.267 FS.
Amended 5-10-76, Formerly 3D-30.21, 3D-30.021, Amended
					 5-29-00, Formerly 3F-6.002.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-6 - PRACTICE AND PROCEDURES › Section 69K-6.003 - Cemetery By-laws

Current through Reg. 50, No. 138; July 16, 2024
(1) Any by-laws
				which had been submitted to the Department of Banking and Finance and approved
				prior to the effective date of Chapter 93-389, Laws of Florida (September 30,
				1999), shall remain in full force and effect so long as such by-laws do not
				conflict with the provisions of Chapter 497, F.S., or the rules promulgated
				thereto.
(2) A cemetery company
				which seeks to amend its existing by-laws need only submit to the Board of
				Funeral, Cemetery, and Consumer Services the amendments thereto and those
				sections of the by-laws which are affected by such amendments.
(3) Upon receipt of a set of proposed by-laws
				or amendments thereto, the Department shall publish notice of the filing of
				such by-laws or amendments thereto in the Florida Administrative Register and a
				newspaper of general circulation in the county in which the applicant cemetery
				is located, so that substantially affected parties may file comments. A period
				of thirty days for such comments shall be provided.
(4) Upon receipt of proposed by-laws or
				amendments thereto and any comments thereon provided by the published notice,
				the Executive Director of the Board of Funeral, Cemetery, and Consumer Services
				shall provide the cemetery and the substantially affected persons with an
				informal conference in accordance with the Pamphlet for Cemetery By-Law
				Approval, Form DFS-BYLAW1, which is incorporated by reference in Rule
				 69K-1.001, F.A.C. Within fifteen
				(15) days after the conclusion of the informal conference, the Executive
				Director shall forward a recommendation to the Board and give notice to all
				affected persons that filed written comments of the time and place when the
				Board of Funeral, Cemetery, and Consumer Services will consider the proposed
				by-laws or amendments thereto.
(5)
				If the by-laws or amendments thereto are approved by the Board of Funeral,
				Cemetery, and Consumer Services, a notice shall be published in the Florida
				Administrative Register announcing the approval and the date the approval will
				become effective. The notice shall inform substantially affected parties who
				object to the by-laws that they may request a hearing in accordance to Chapter
				120, F.S.
Rulemaking Authority
					 497.103(1)(u),
					 (5)(a),
					 497.161(1)(c)
					 FS. Law Implemented  497.273 FS.
New 11-2-78, Formerly 3D-30.23, 3D-30.023, Amended 7-27-99,
					 Formerly 3F-6.003, Amended 12-27-11.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-6 - PRACTICE AND PROCEDURES › Section 69K-6.004 - Safekeeping of Records

Current through Reg. 50, No. 138; July 16, 2024
All burial records referenced in section
				   497.276, F.S., and those
				  contracts under the jurisdiction of the Department and the Board of Funeral,
				  Cemetery, and Consumer Services which have not been audited by the Department
				  must be filed and kept in a secure manner. For purposes of this rule, "secure"
				  means:
(1) A vault or fire-proof
				container with a properly certified fire resistant capability of at least one
				hour; or
(2) A computer readable
				media backed up by diskette, or optical disk, or tape which is stored at an
				off-site location; or
(3) Microfilm
				backed up by a security roll stored at an off-site location; or
(4) A duplicate copy of the records
				referenced in this rule are kept at an off-site location. Records that are
				deemed "secure" at an off-site location shall be updated
				quarterly.
Rulemaking Authority
					  497.103 (1)(n),
					 (5)(a),
					 497.161(1)(c)
					 FS. Law Implemented 497.103,
					  497.276 FS.
New 7-20-73, Renumbered from 3-8.09 to 3D-30.09 on 9-8-75,
					 Amended 8-22-76, Formerly 3D-30.09, 3D-30.009, Amended 3-21-95, Formerly
					 3F-6.004.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-6 - PRACTICE AND PROCEDURES › Section 69K-6.005 - Records

Current through Reg. 50, No. 138; July 16, 2024
The following records shall be made available to the
				  Department for the purposes of examinations or inspections:
(1) Cemetery License and/or Preneed
				License;
(2) Price Disclosure
				List;
(3) Advertising file as in
				rule  69K-9.001, F.A.C.;
(4) By-Laws and Rules and
				Regulations;
(5) Financial and
				accounting records, including financial statements, general ledger, accounts
				receivable, accounts payable and cash receipts, journals, receipt books and
				invoices;
(6) Preneed
				Contracts;
(7) Other contracts,
				including at need sales and contracts for burial rights;
(8) Burial Records;
(9) Lot ownership records;
(10) Procedures for handling complaints as
				referenced by section
				 497.260(3),
				F.S.;
(11) Mortgages on the
				property;
(12) Preneed Funeral
				Contract Consumer Protection Trust Fund and Regulatory Trust Fund remittances
				and supporting documentation;
(13)
				Record of cancellation requests and refunds given;
(14) Detailed maps of the cemetery;
(15) Procedure manuals; and
(16) Examination work papers as required by
				rule  69K-6.0052, F.A.C.
These records will be available for review at the licensed
				  facility or an alternative site of the cemetery company if approved by the
				  Board pursuant to section
				   497.276(2),
				  F.S., Preneed Licensees will send written notification to the Board office if
				  records are available for review at an alternative site.
Rulemaking Authority
					 497.103(1)(n), (t), (u),
					 (5)(a),
					 497.161(1)(c),
					 497.276(3) FS.
					 Law Implemented  497.276 FS.
New 3-21-95, Amended 5-27-98, 4-16-00, Formerly 3F-6.005,
					 Amended 1-12-04.