Florida Statutes 1983, Volume 3 - Florida State University College of ...

Ch.639 PRENEED FUNERAL MERCHANDISE OR SERVICE CONTRACTS F.S.1983
(g) Upon proper request, willful failure to cancel
a contract or refund that part of the amount paid on
the contract as required by s. 639.13.
(h) Willful failure to secure the release, upon the
death of a beneficiary, of the entire amount received
on a contract as required by s. 639.14.
(i) Refusal to produce records in connection with
the business.
(j) Revocation, suspension, or denial of licensure
to sell preneed contracts by a licensing authority of
another jurisdiction.
(k) Being convicted or found guilty, regardless of
adjudication, of a crime in any jurisdiction which directly
relates to the sale of preneed contracts.
(1) Solicitation by the certificateholder or his
agents, employees, or representatives through the use
of fraud, undue influence, intimidation, overreaching,
or any other form of vexatious conduct.
(2) The department may deny, refuse to renew,
suspend, or revoke the certificate of authority of a
person to issue preneed contracts upon a determination
that the person has violated any provision of this
chapter or rule or order of the department for which
suspension is not mandatory.
(3) A suspension or revocation of the certificate
of authority shall be by order of the department. A
person whose certificate of authority has been suspended
or revoked may not solicit or write any new
business in this state during the period of any such
suspension or revocation.
(4) In its discretion, the department may cause
notice of any such suspension or revocation to be
published in one or more newspapers of general circulation
published in this state.
(5) The suspension of a certificate of authority
shall be for such period, not to exceed 1 year, as is
fixed by the department in the order of suspension,
unless the department shortens or rescinds such suspension
or unless the order upon which the suspension
3is based is modified, rescinded, or reversed.
(6) During the period of suspension, the person
whose certificate of authority has been suspended
shall file the annual statement and pay license fees as
required under this chapter as if the certificate had
continued in full force.
(7) Upon expiration of the suspension period, if
within such period the certificate of authority has not
otherwise terminated, the certificate of authority of
the person whose certificate of authority has been
suspended shall automatically be reinstated unless
the department finds that the causes of the suspension
have not been removed or that such person is
otherwise not in compliance with the requirements of
this chapter. If not so reinstated automatically, the
certificate of authority shall be deemed to have expired
as of the end of the suspension period or upon
the failure of the person whose certificate of authority
has been suspended to continue the certificate
during the suspension period, whichever event first
occurs.
Hi8tory.-s. 11, ch. 28211, 1953; s. 13, ch. 65·393; ... 11, 13, 35, ch. 69-106; s.
9, ch. 77-438; s. 2, ch. 81-318; ... 10,31,32, ch. 83-316.
'Note.-Expires October I, 1993, pursuant to s. 32, ch. 83-316, and is scheduled
for review pursuant to s. 11.61 in advance of that date.
'Note.-The words "and to disburse" were substituted by the editors for the
word "disbursed."
'Note.-The words "is based" were inserted by the editors.
760
1639.162 Administrative ime in lieu of revocation
or suspension of certificate of authority.
(1) If the department finds that one or more
grounds exist for the discretionary suspension or revocation
of a certificate of authority issued under this
chapter, it may, in lieu of such suspension or revocation,
impose a fine upon the certificateholder in an
amount not to exceed $1,000 for each nonwillful violation
and in an amount not to exceed $10,000 for
each willful violation.
(2) The department may grant not more than 30
days from the date of the order for the payment of
any fine.
(3) The fine shall be deposited into the Insurance
Commissioner's Regulatory Trust Fund.
Hi8tory.-ss. 13, 32, ch. 83-316.
'Note.-Expires October I, 1993, pursuant to s. 32, ch. 83-316, and is scheduled
for review pursuant to s. 11.61 in advance of that date.
1639.165 Dissolution or liquidation.-Any
dissolution or liquidation of a certificateholder shall
be under the supervision of the department, which
shall have all powers with respect thereto granted to
it under the laws of the state with respect to the dissolution
and liquidation of companies pursuant to
chapter 631, as applicable. The venue of delinquency
proceedings against a certificateholder shall be in the
circuit court in the judicial circuit of the certificateholder's
principal place of business.
Hi8tory.-ss. 12, 32, ch. 83-316.
'Note.-Expires October I, 1993, pursuant to s. 32, ch. 83·316, and is scheduled
for review pursuant to s. 11.61 in advance of that date.
1639.17 Penalty.-Any person who violates any
of the provisions of this chapter or the rules promulgated
under this chapter is guilty of a felony of the
third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
Hi8tory.-s. 12, ch. 28211, 1953; s. 14, ch. 65-393; s. 664, ch. 71-136; s. 10, ch.
77-438; s. 248, ch. 79-400; s. 2, ch. 81-318; ss. 14, 31, 32, ch. 83-316.
'Note.-Expires October I, 1993, pursuant to s. 32, ch. 83-316, and is scheduled
for review pursuant to s. 11.61 in advance of that date.
1639.185 Preneed sales; registration of sales
agents and sales persons.-
(1) Any person selling preneed contracts on or after
April 1, 1984, shall be registered with the department.
The application for registration shall be signed
by the sales agent or other sales person and by the
certificateholder to whom the sales agent or sales
person will be responsible. The department shall register
such person upon receipt of the application and
a registration fee of $40. The registration shall be renewed
biennially on April 1, and each
even-numbered year thereafter, upon receipt of the
renewal fee of $40. The certificateholder who has registered
such sales agent or sales person shall notify
the department within 10 days after such person's
status as sales agent or sales person has terminated.
(2) Each certificateholder is subject to discipline
if his sales agent or sales person violates any provision
of this chapter. The department may refuse to
register, or may revoke the registration of, a sales
agent or sales person who has violated the provisions
of this chapter.
(3) All fees collected pursuant to this section