Florida Regulations 69K-5.003: Application for Preneed Sales Agent License and Appointment
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(1) Each person desiring to obtain a preneed sales agent license shall apply to the Department by submitting the following by certified mail or online:
(a) A completed Application of a Preneed Sales Agent, Form DFS-PNS-1, adopted in Fl. Admin. Code R. 69K-1.001 The application must be completed and signed by an authorized representative of the preneed licensee within thirty (30) days prior to receipt by the Department;
(b) Fees.
1. The fee for licensure and initial appointment as a preneed sales agent shall be $250.
2. The fee for each additional appointment shall be $250.
3. The fee for biennial renewal of a preneed sales agent appointment shall be $250.
The above fees shall be effective on the later of July 1, 2009, or this rule becoming effective.
(2) Request for Additional Information. Any request for additional information will be made by the Department within thirty (30) days after receipt of the application by the Department. The additional information must be received by the Department within forty-five (45) days from the date of request. Failure to respond to the request for additional information within forty-five (45) days from the date of request shall be construed by the Board to be grounds for denial of the application for failure to complete the application, and the application shall be denied pursuant to Florida Statutes § 120.60
(3) Amendment of Application. An applicant may amend the application as to those factors generally within the control or selection of the applicant, once, as a matter of course, at any time within thirty (30) days from its receipt for filing. Otherwise, the application may be amended only with prior permission from the Department. Any unapproved requests to make changes filed at any time after the application has been received shall be deemed by the Board to be grounds for denial, and a new registration, accompanied by the appropriate fee, shall be required.
(4) Withdrawal of Application. An applicant, or sponsoring preneed licensee, can request withdrawal of an application prior to a determination of the application being made by the Board of Funeral, Cemetery, and Consumer Services by submitting a written request that the application be withdrawn.
(5) Denial of Application. The Department shall notify the applicant at the address of the sponsoring preneed licensee of the Board’s intent to deny the application. Upon receipt of the notification, the applicant shall cease conducting business as a preneed sales agent. Upon receipt of the notification, the preneed licensee will use due diligence to stop the preneed sales agent from conducting business as a preneed sales agent on behalf of the preneed licensee. If a request for a hearing has not been received within twenty-six (26) days of the date of the notification, the application shall be denied.
(6) Refunds. If the application is withdrawn or denied, the application fee is non-refundable.
(7) Upon approval of the application, a license will be issued for the remainder of the biennial registration period effective the later of the date the application was received or the date the last deficiency on the application was resolved.
(8) A separate license is required for each different preneed licensee represented by the applicant.
Rulemaking Authority 497.103, 497.466(8)(a) FS. Law Implemented Florida Statutes § 497.466. History-New 4-25-94, Formerly 3F-5.003, Amended 6-22-09, 3-1-16.
Terms Used In Florida Regulations 69K-5.003
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- 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) Fees.
1. The fee for licensure and initial appointment as a preneed sales agent shall be $250.
2. The fee for each additional appointment shall be $250.
3. The fee for biennial renewal of a preneed sales agent appointment shall be $250.
The above fees shall be effective on the later of July 1, 2009, or this rule becoming effective.
(2) Request for Additional Information. Any request for additional information will be made by the Department within thirty (30) days after receipt of the application by the Department. The additional information must be received by the Department within forty-five (45) days from the date of request. Failure to respond to the request for additional information within forty-five (45) days from the date of request shall be construed by the Board to be grounds for denial of the application for failure to complete the application, and the application shall be denied pursuant to Florida Statutes § 120.60
(3) Amendment of Application. An applicant may amend the application as to those factors generally within the control or selection of the applicant, once, as a matter of course, at any time within thirty (30) days from its receipt for filing. Otherwise, the application may be amended only with prior permission from the Department. Any unapproved requests to make changes filed at any time after the application has been received shall be deemed by the Board to be grounds for denial, and a new registration, accompanied by the appropriate fee, shall be required.
(4) Withdrawal of Application. An applicant, or sponsoring preneed licensee, can request withdrawal of an application prior to a determination of the application being made by the Board of Funeral, Cemetery, and Consumer Services by submitting a written request that the application be withdrawn.
(5) Denial of Application. The Department shall notify the applicant at the address of the sponsoring preneed licensee of the Board’s intent to deny the application. Upon receipt of the notification, the applicant shall cease conducting business as a preneed sales agent. Upon receipt of the notification, the preneed licensee will use due diligence to stop the preneed sales agent from conducting business as a preneed sales agent on behalf of the preneed licensee. If a request for a hearing has not been received within twenty-six (26) days of the date of the notification, the application shall be denied.
(6) Refunds. If the application is withdrawn or denied, the application fee is non-refundable.
(7) Upon approval of the application, a license will be issued for the remainder of the biennial registration period effective the later of the date the application was received or the date the last deficiency on the application was resolved.
(8) A separate license is required for each different preneed licensee represented by the applicant.
Rulemaking Authority 497.103, 497.466(8)(a) FS. Law Implemented Florida Statutes § 497.466. History-New 4-25-94, Formerly 3F-5.003, Amended 6-22-09, 3-1-16.