Current through Reg. 50, No. 187; September 24, 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/.
(2) Failure to submit the statements as
required in subsection (1) authorizes the Board of Funeral, Cemetery, and
Consumer Services to levy a fine in the amount of $50 per day for each day the
financial and renewal statements are not submitted unless an extension is
granted, as follows:
(a) Annual Financial
Statement must be submitted to and received by the Department of Financial
Services, Division of Funeral, Cemetery, and Consumer Services, 200 East Gaines
Street, Tallahassee, Florida 32399-0361, within 3 months after the end of the
preneed licensee's fiscal year. An extension is automatically granted to allow
Financial Statements to be due April 1st of each calendar year.
(b) Annual Renewal Statement and the required
renewal fee must be submitted to and received by the Department of Financial
Services, Division of Funeral, Cemetery, and Consumer Services, 200 East Gaines
Street, Tallahassee, Florida 32399-0361, on or before April 1st of each
year.
(3) Financial
statements may be prepared either on the forms listed in subsection (1) or by
an independent certified public accountant in conformity with rule
69K-5.0016, F.A.C. Audited
statements are acceptable. The financial statements must document compliance
with the minimum financial responsibility requirements of rule
69K-5.0016, F.A.C. Failure to
comply with said rule shall result in denial of the renewal
application.
(4) In the event the
renewal application is denied by the Board, the renewal fee paid is not
refundable. If a hearing is requested on the denial, the certificate shall
remain in active status during the pendency of the hearing.
(5) Any Preneed License not approved or
denied by the Board prior to July 1 of each year shall automatically expire on
July 1 and the entity shall be required to cease and desist from all selling of
preneed funeral and cemetery goods and services. All preneed sales agent
appointments associated with the preneed license will be terminated. New
applications for certification/appointments must be submitted to and approved
by the Board in order to return the certificate and agent appointments to
active status. The applicants shall be subject to all requirements of initial
application.
Rulemaking Authority
497.103,
497.453 FS. Law Implemented
497.141,
497.453
FS.
New 6-24-96, Amended 7-10-02, Formerly 3D-30.041,
69K-100.041, Amended 12-24-18.
