(1) For purposes of a corporation qualifying for a preneed licensee pursuant to subFlorida Statutes § 497.452(3), by use of a corporate agent, such corporate agent must have common ownership in excess of 50% of the voting stock with the preneed licensee or applicant. If the applicant or preneed licensed is a not-for-profit corporation, then it must have common membership with any corporate agent through which it plans to sell preneed contracts in accordance with subFlorida Statutes § 497.452(3)
    (2) Nothing herein shall prohibit a corporate preneed licensee from selling preneed contracts through corporate subsidiaries or other entities with common ownership in excess of 50% of the voting stock or common membership in the case of not-for-profit corporations, so long as such entities are made known to the Board prior to any such preneed sales provided:
    (a) The Board determines that the preneed licensee will be legally liable for the acts and liabilities of such entity arising out of its sales; and
    (b) The financial condition of the selling entity or subsidiary when viewed in the aggregate with the financial condition of the preneed licensee does not impair the ability of the preneed licensee to qualify for or retain a preneed license.
Rulemaking Authority 497.103 FS. Law Implemented 497.452(3) FS. History-New 10-15-95, Formerly 3F-5.0015, Amended 1-12-04.