Notice of Proposed Rule

DEPARTMENT OF FINANCIAL SERVICES
Division of Funeral, Cemetery, and Consumer Services
RULE NO: RULE TITLE
69K-5.003: Application for Registration of a Preneed Sales Agent
PURPOSE AND EFFECT: To remove language requiring an application fee of $100 for each biennial period and to add language establishing a fee for licensure, additional appointments and biennial renewal of preneed sales agent appointments.
SUMMARY: The rule amendment would establish a fee paid by Preneed Sales Agents for additional appointments of $250.00 and appointment renewals, of $250.00 biennially. The rule amendment would increase the fee paid by Preneed Sales Agents for their initial combination license and appointment, by $150.00.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: A statement of Estimated Regulatory Cost was prepared. The Board determined the proposed rule will not impose any indirect transactional costs to small businesses but will increase the fees paid by Preneed Sales Agents, many of which are small business.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 497.103(5), 497.140(1), 497.466(2) FS.
LAW IMPLEMENTED: 497.466(2)(h), 497.466(7)(f) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Douglas Shropshire, Executive Director, Board of Funeral, Cemetery, and Consumer Services, 200 East Gaines Street, Tallahassee, Florida 32399-0361

THE FULL TEXT OF THE PROPOSED RULE IS:

69K-5.003 Application for Registration of a Preneed Sales Agent.

(1) Each person desiring to obtain registration as a preneed sales agent for a preneed licensee shall apply to the Board by submitting the following by certified mail:

(a) No change.

(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. A non-refundable application fee of $100 which shall be the fee for the biennial period beginning March 1 of each even numbered year or any part thereof.

(2) through (8) No change.

Specific Authority 497.103, 497.466(2) FS. Law Implemented 497.466 FS. History–New 4-25-94, Formerly 3F-5.003, Amended_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Funeral, Cemetery, and Consumer Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Funeral, Cemetery, and Consumer Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 7, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 30, 2009