Florida Regulations 69K-5.002: Application for Preneed License
Current as of: 2024 | Check for updates
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(1) Each entity desiring to obtain a preneed license shall apply to the Board by submitting the following:
(a) A completed Application for Preneed License, Form DFS-PNL-1, and a Historical Sketch, Form DFS-HistS, which are incorporated by reference in Fl. Admin. Code R. 69K-1.001, and available on the Department’s Division of Funeral, Cemetery, and Consumer Services, (Division) website at http://www.MyFloridacfo.com/Division/FuneralCemetery/. The application and historical sketch must be completed and signed less than thirty (30) days prior to receipt by the Division; and
(b) An application fee of $500 and an unlicensed activity fee of $5 for the annual period beginning July 1 of each year or any part thereof.
(2) The Historical Sketch shall be completed by any person with power to direct the management or policies of the applicant.
(3) 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 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 Florida Statutes § 120.60
(4) Upon approval of the application, a preneed license will be issued for the remainder of the period.
(5)(a) For the purpose of Florida Statutes § 497.453, 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 standards in paragraph (5)(a) above, such act or conviction shall not create an irrebuttable 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.
Rulemaking Authority 497.103, 497.453 FS. Law Implemented 497.140, 497.141, 497.452, 497.453 FS. History-New 4-25-94, Amended 2-7-95, 12-12-00, 6-26-02, Formerly 3F-5.002, Amended 12-24-18.
Terms Used In Florida Regulations 69K-5.002
- Conviction: A judgement of guilt against a criminal defendant.
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(b) An application fee of $500 and an unlicensed activity fee of $5 for the annual period beginning July 1 of each year or any part thereof.
(2) The Historical Sketch shall be completed by any person with power to direct the management or policies of the applicant.
(3) 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 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 Florida Statutes § 120.60
(4) Upon approval of the application, a preneed license will be issued for the remainder of the period.
(5)(a) For the purpose of Florida Statutes § 497.453, 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 standards in paragraph (5)(a) above, such act or conviction shall not create an irrebuttable 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.
Rulemaking Authority 497.103, 497.453 FS. Law Implemented 497.140, 497.141, 497.452, 497.453 FS. History-New 4-25-94, Amended 2-7-95, 12-12-00, 6-26-02, Formerly 3F-5.002, Amended 12-24-18.