Fla. Admin. Code Ann. R. 69K-10.001 - Preneed Funeral Contract Consumer Protection Trust Fund

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

(1) 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.

Notes

Fla. Admin. Code Ann. R. 69K-10.001

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 by Florida Register Volume 42, Number 036, February 23, 2016 effective 3/7/2016, Amended by Florida Register Volume 49, Number 040, February 28, 2023 effective 3/12/2023.

New 5-23-94, Amended 10-26-00, Formerly 3F-10.001, Amended 3-7-16, 3-12-23.