Florida Regulations 69K-7.013: Procedures for Filing a Claim through the Department
Current as of: 2024 | Check for updates
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A buyer of preneed merchandise or services who does not receive such services or merchandise due to the economic failure, closing, or bankruptcy of the preneed licensee which has submitted a surety bond to the Department in lieu of utilizing a preneed trust fund may file a claim through the Department as provided by Section 497.462(2)(c), F.S. The name and address of the surety company will be provided by the Department. Once the requirements of Florida Statutes § 497.462, have been met, the purchaser of preneed merchandise or services must file the claim in the following manner:
(1) Submit to the Department Form DFS-C-3, Surety Bond Claim Form (Rev. 11/18), which is incorporated by reference in Fl. Admin. Code R. 69K-1.001, and can be obtained via the Department’s website at https://myfloridacfo.com/Division/funeralcemetery/;
(2) Attach a copy of the preneed contract for merchandise or services that is the subject of the claim, and provide documentation evidencing the purchaser’s payment for the merchandise or services; and
(3) Submit evidence that the purchaser has made reasonable attempts to have the preneed licensee deliver the merchandise or perform the service.
Rulemaking Authority 497.103, 497.462(9) FS. Law Implemented 497.462(2)(a), (2)(c) FS. History-New 3-20-91, Formerly 3D-30.040, Amended 6-21-01, Formerly 3F-7.013, Amended 10-6-19.
Terms Used In Florida Regulations 69K-7.013
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Contract: A legal written agreement that becomes binding when signed.
- 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.
(2) Attach a copy of the preneed contract for merchandise or services that is the subject of the claim, and provide documentation evidencing the purchaser’s payment for the merchandise or services; and
(3) Submit evidence that the purchaser has made reasonable attempts to have the preneed licensee deliver the merchandise or perform the service.
Rulemaking Authority 497.103, 497.462(9) FS. Law Implemented 497.462(2)(a), (2)(c) FS. History-New 3-20-91, Formerly 3D-30.040, Amended 6-21-01, Formerly 3F-7.013, Amended 10-6-19.