Florida Statutes 497.465 – Inactive, surrendered, and revoked preneed licensees
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(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.
Terms Used In Florida Statutes 497.465
- Contract: A legal written agreement that becomes binding when signed.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- License: includes all authorizations required or issued under this chapter, except where expressly indicated otherwise, and shall be understood to include authorizations previously referred to as registrations or certificates of authority in chapters 470 and 497 as those chapters appeared in the 2004 edition of the Florida Statutes. See Florida Statutes 497.005
- Licensee: means the person or entity holding any license or other authorization issued under this chapter, except where expressly indicated otherwise. See Florida Statutes 497.005
- Preneed: means any arrangement or method, of which the provider of funeral merchandise or services has actual knowledge, whereby any person agrees to furnish funeral merchandise or service in the future. See Florida Statutes 497.005
- Rules: refers to rules adopted under this chapter unless expressly indicated to the contrary. See Florida Statutes 497.005
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(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.