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November 18, 2018
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The Florida Statutes

The 2018 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 497
FUNERAL, CEMETERY, AND CONSUMER SERVICES
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F.S. 497.465
497.465 Inactive, surrendered, and revoked preneed licensees.
(1) A preneed licensee shall be considered inactive upon the acceptance of the surrender of its license by the licensing authority or upon the nonreceipt by the licensing authority of the preneed license renewal application and fees required by s. 497.265.
(2) Upon becoming inactive, a preneed licensee shall cease all preneed sales to the public and shall deposit into the trust all funds it receives on or after the date on which it becomes inactive from sales of preneed contracts sold before becoming inactive.
(3) Any preneed licensee desiring to surrender its license to the licensing authority shall first:
(a) File notice with the licensing authority.
(b) Submit copies of its existing trust agreements.
(c) Submit a sample copy of each type of preneed contract sold.
(d) Resolve to the licensing authority’s satisfaction all unresolved findings and violations resulting from prior examinations conducted.
(e) Pay all outstanding fines and invoices due the licensing authority.
(f) Submit its current preneed license.
(4) Upon receipt of the notice, the licensing authority shall review the preneed licensee’s:
(a) Trust funds.
(b) Trust agreements.
(c) Evidence of all outstanding preneed contracts.
(5) After a review to the licensing authority’s satisfaction, the licensing authority shall terminate the preneed license by an order which shall set forth the conditions of termination established by the licensing authority to ensure that the preneed funds will be available for their intended purpose.
(6) The trust fund of the preneed licensee shall be held intact and in trust after the preneed licensee has become inactive, and the funds in that trust shall be disbursed in accordance with the requirements of the written contracts and this chapter until the funds have been exhausted.
(7) The licensing authority shall continue to have jurisdiction over the inactive preneed licensee and the trust funds as if the preneed license were active and to require such reports and inspect such records as the licensing authority deems appropriate so long as there are funds in trust or preneed contracts that are not fulfilled.
(8) In addition to any other terms of revocation or suspension ordered pursuant to this chapter, the provisions of this section shall also apply in the event of revocation or suspension of a preneed license, unless the provisions of the suspension or revocation order specifically provide otherwise.
(9) The licensing authority may adopt rules for the implementation of this section, for the purpose of ensuring a thorough review and investigation of the status and condition of the preneed licensee’s business affairs for the protection of the licensee’s preneed customers. Such rules may include:
(a) The form of notice required by paragraph (3)(a), and the information or materials to be contained in or accompany the notice or otherwise to be provided, which may include any information or materials the licensing authority deems needed for the discharge of its responsibilities under this section.
(b) Requirements for the submission of sworn affidavits by or the taking of sworn testimony from the licensee and its principals and employees and sales agents.
(c) Requirements for submission of financial statements, as the licensing authority deems advisable.
History.s. 27, ch. 96-400; s. 114, ch. 2004-301; s. 28, ch. 2016-172.
Note.Former s. 497.436.