Notice of Proposed Rule

DEPARTMENT OF FINANCIAL SERVICES
Division of Funeral, Cemetery, and Consumer Services
RULE NO: RULE TITLE
69K-5.0024: Remittances to the Regulatory Trust Fund
PURPOSE AND EFFECT: To increase the fee for each preneed contract written.
SUMMARY: The proposed change will increase the amount of the preneed quarterly remittance paid by preneed licensees, from its current level of $4 per preneed contract sold, to $6 per preneed contract sold.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: A statement of Estimated Regulatory Cost was prepared. The Board determined the proposed rule will not impose any indirect transactional costs to small businesses but will increase the fee paid by preneed licensees, many of which are small business.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 497.103, 497.453(1) FS.
LAW IMPLEMENTED: 497.453(6), (9) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Douglas Shropshire, Executive Director, Board of Funeral, Cemetery, and Consumer Services, 200 East Gaines Street, Tallahassee, Florida 32399-0361

THE FULL TEXT OF THE PROPOSED RULE IS:

69K-5.0024 Remittances to the Regulatory Trust Fund.

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) No change.

(2) Beginning with contracts written July 1, 2009 1997, each preneed licensee shall remit to the Regulatory Trust Fund of the Department of Financial Services a fee of $6.00 4.00 for each preneed contract written; regardless of any payments made by the purchaser.

(3) No change.

Specific Authority 497.103, 497.453(1) FS. Law Implemented 497.453(9) FS. History–New 5-13-97, Amended 12-12-00, Formerly 3F-5.0024,_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Funeral, Cemetery, and Consumer Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Funeral, Cemetery, and Consumer Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 7, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 30, 2009