The Florida Senate

497.439  Preneed sales agents.--

(1)  All individuals who offer preneed contracts to the public, or who execute preneed contracts on behalf of a certificateholder, including all individuals who offer, sell, or sign contracts for the preneed sale of burial rights, shall be registered with the board as preneed sales agents, pursuant to this section, unless such individuals are licensed as funeral directors pursuant to this chapter.

(2)  All preneed sales agents and funeral directors acting as preneed sales agents must be affiliated with the certificateholder that they are representing.

(3)  A certificateholder shall be responsible for the activities of all preneed sales agents and all funeral directors acting as preneed sales agents, who are affiliated with the certificateholder and who perform any type of preneed-related activity on behalf of the certificateholder. In addition to the preneed sales agents and funeral directors acting as preneed sales agents, each certificateholder shall also be subject to discipline if its preneed sales agents or funeral directors acting as preneed sales agents violate any provision of this chapter.

(4)  A preneed sales agent and a funeral director acting as a preneed sales agent shall be authorized to sell, offer, and execute preneed contracts on behalf of all entities owned or operated by its sponsoring certificateholder.

(5)  An individual may begin functioning as a preneed sales agent as soon as a completed application for registration, as set forth in subsection (7), is sent to the department.

(6)  The qualifications for a preneed sales agent are as follows:

(a)  The applicant must be at least 18 years of age.

(b)  The applicant must be in good standing with the board.

(c)  The applicant must not have any felony or misdemeanor convictions that relate to any activity regulated by this chapter.

(7)  An application for registration as a preneed sales agent shall be submitted to the department with an application fee of $100 by the certificateholder in a form that has been prescribed by department rule and approved by the board. Such application shall contain, at a minimum, the following:

(a)  The name, address, social security number, and date of birth of the applicant and such other information as the board may reasonably require of the applicant.

(b)  The name, address, and license number of the sponsoring certificateholder.

(c)  A representation, signed by the applicant, that the applicant meets the requirements set forth in subsection (6).

(d)  A representation, signed by the certificateholder, that the applicant is authorized to offer, sell, and sign preneed contracts on behalf of the certificateholder, and that the certificateholder has trained the applicant in the provisions of this chapter relating to preneed sales as determined by the board, the provisions of the certificateholder's preneed contract, and the nature of the merchandise, services, or burial rights sold by the certificateholder.

(e)  A statement indicating whether the applicant has any type of working relationship with any other certificateholder or insurance company.

(8)  An individual may be registered as a preneed sales agent on behalf of more than one certificateholder, provided that the individual has received the written consent of all such certificateholders.

(9)  A certificateholder who has registered a preneed sales agent shall notify the department within 30 days after such individual's status as a preneed sales agent has been terminated.

(10)  Upon receipt of an application that complies with all of the requirements of subsection (7), the department shall register the applicant. The department shall by rule provide for biennial renewal of registration and a renewal fee of $150.

History.--s. 107, ch. 93-399; s. 13, ch. 2000-195.