Fla. Admin. Code Ann. R. 69K-5.0022 - Applications for Transfer of a Preneed License

(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.;

(2) The Historical Sketch shall be completed by any person with power to direct the management or policies of the applicant.

(3)

(a) For the purpose of Section 497.453, F.S., an applicant's principals (including directors, officers, stockholders owning more than 10% of the voting stock of the applicant, and other persons who can direct the management of the applicant) shall appear to be of good character if they:

1. Have never been convicted of, or plead guilty to, a crime involving fraud, perjury, embezzlement, tax evasion, or other crime of moral turpitude;

2. Have never filed false information with any governmental agency; and

3. Have never demonstrated any act or nature that constitutes a lack of honesty or financial responsibility.

(b) If an applicant fails to meet the standards in paragraph (3)(a) above, such act or conviction shall not create an irrefutable presumption that a person is not of good character. The Board shall take into consideration evidence of such person's efforts at rehabilitation and law abiding behavior during the three (3) years preceding the filing of the application to determine if the applicant has the requisite good character.

(4) Request for Additional Information. Any request for additional information will be made by the Executive Director of the Board within thirty (30) days after receipt of the application by the Board. The additional information must be received by the Board within forty-five (45) days from the date of request. Failure to respond to the request within forty-five (45) days from the date of the request shall be construed by the Board as grounds for denial for failure to complete the application, and the application shall be denied pursuant to Section 120.60, F.S.

(5) Withdrawal of Application. An applicant may request withdrawal of an application prior to a determination of the application being made by the Board by submitting a written request that the application be withdrawn.

(6) Refunds. If the application is withdrawn or denied, the application fee is non-refundable.

(7) Upon approval of the application, a letter informing the applicant of the Board's intent to approve the application will be sent to the applicant's mailing address as indicated on the application. Upon receipt of the original preneed license issued to the former owners, notification that the change in ownership or control has been finalized and the effective date of closing, a preneed license will be issued effective the later of the date of closing or the date of notice of intent to approve, for the remainder of the annual license period. Failure to provide required documentation prior to the expiration of the temporary preneed license shall result in denial of the application.

(8) If an application for Transfer of a Preneed License is not filed within the thirty (30) days after the change in entity, the new entity shall not be eligible to file such application. The entity shall be required to file an initial application for Preneed License pursuant to Rule 69K-1.001, F.A.C. Any application for Transfer of a Preneed License which is not timely filed shall be denied by the Board.

Notes

Fla. Admin. Code Ann. R. 69K-5.0022

Rulemaking Authority 497.103, 497.453 FS. Law Implemented 497.140, 497.453 FS.

New 5-13-97, Amended 6-26-02, Formerly 3F-5.0022, Amended by Florida Register Volume 44, Number 239, December 11, 2018 effective 12/24/2018.

New 5-13-97, Amended 6-26-02, Formerly 3F-5.0022, Amended 12-24-18.