Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1404
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: WD/2R          .                                
             03/06/2020 10:39 AM       .                                

       Senator Perry moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 505 and 506
    4  insert:
    5         Section 11. Subsection (7) of section 497.459, Florida
    6  Statutes, is amended to read:
    7         497.459 Cancellation of, or default on, preneed contracts;
    8  required notice.—
   10         (a) To ensure the performance of unfulfilled preneed
   11  contracts, if any obligation of the preneed licensee remains to
   12  be fulfilled under the contract, then upon the occurrence of the
   13  earliest of any of the following events, a preneed licensee
   14  shall provide to the purchaser or to the beneficiary’s legally
   15  authorized person written notice of the preneed licensee’s
   16  intent to distribute funds as described herein or otherwise in
   17  accordance with the terms of the preneed contract, if any such
   18  terms exist obligation of the preneed licensee remains to be
   19  fulfilled under the contract:
   20         1.Five years have passed since the confirmed death of the
   21  beneficiary.
   22         2.1. Fifty years have passed after the date of execution of
   23  the preneed contract by the purchaser.
   24         3.2. The beneficiary of the preneed contract attained, or
   25  would have attained if living, attains the age of 105 years of
   26  age or older.
   27         3. The social security number of the beneficiary of the
   28  preneed contract, as shown on the contract, is contained within
   29  the United States Social Security Administration Death Master
   30  File.
   32  By July 1, 2021, and at least every 10 years thereafter, a
   33  preneed licensee shall complete an analysis of each of its
   34  preneed contracts to determine if subparagraph 1., subparagraph
   35  2., or subparagraph 3. applies.
   36         (b)1. The notice in paragraph (a) must be provided by
   37  certified mail, registered mail, or permitted delivery service,
   38  return receipt requested, to the last known mailing address of
   39  the purchaser or the beneficiary’s legally authorized person,
   40  whichever is applicable, as provided to the preneed licensee. If
   41  the notice is returned as undeliverable within 30 calendar days
   42  after the preneed licensee sent the notice, the preneed licensee
   43  trustee shall perform a diligent search and inquiry to obtain a
   44  different address for the purchaser or the beneficiary’s legally
   45  authorized person, whichever is applicable. For purposes of this
   46  subparagraph, any address known and used by the purchaser or the
   47  beneficiary’s legally authorized person, whichever is
   48  applicable, for sending regular mailings or other communications
   49  from the purchaser or the beneficiary’s legally authorized
   50  person, whichever is applicable, to the preneed licensee or any
   51  address produced through a current address service or searchable
   52  database shall be included with other addresses produced from
   53  the diligent search and inquiry, if any. If the preneed
   54  licensee’s trustee’s diligent search and inquiry produces an
   55  address different from the notice address, the preneed licensee
   56  trustee shall mail a copy of the notice by certified mail,
   57  registered mail, or permitted delivery service, return receipt
   58  requested, to any and all addresses produced as a result of the
   59  diligent search and inquiry.
   60         2. If the purchaser or the beneficiary’s legally authorized
   61  person, whichever is applicable, fails to respond to such notice
   62  within 120 days after delivery of the last mailed notice under
   63  subparagraph 1., the funds held in trust must be distributed
   64  within 60 days after the end of the 120-day period and in
   65  accordance with the terms of the preneed contract, the trust
   66  agreement, and any applicable provision provisions of chapter
   67  717, as follows:
   68         a.The principal deposited into trust must be remitted to
   69  the Unclaimed Property Trust Fund.
   70         b.Any additional funds in trust must be remitted to the
   71  preneed licensee.
   73  The names of the purchaser and the beneficiary of any preneed
   74  contract for which funds were distributed must be provided to
   75  the Division of Unclaimed Property at the time such funds are
   76  remitted to the Unclaimed Property Trust Fund.
   77         (c) A purchaser or a beneficiary that receives the notice
   78  required under this subsection retains all rights to fulfillment
   79  or cancellation of the preneed contract. Should the distribution
   80  described in subparagraph (b)2. occur before the confirmed death
   81  of the beneficiary, the licensee remains responsible for the
   82  fulfillment, reactivation, or refund of the preneed contract at
   83  the option of either the purchaser or beneficiary. If the
   84  purchaser or beneficiary requests that the preneed contract be
   85  fulfilled, reactivated, or refunded as set forth in this
   86  subsection, the licensee is entitled to receive the principal
   87  funds on the preneed contract which it previously paid into the
   88  Unclaimed Property Trust Fund This subsection does not affect a
   89  purchaser’s rights to cancel the preneed contract and receive a
   90  refund or a preneed licensee’s obligations to refund established
   91  by this chapter.
   92         (d) This section does not apply to burial rights or
   93  interment rights or to the burial services or the merchandise
   94  associated with such burial or interment rights.
   95         (e) The licensing authority shall have authority to adopt
   96  rules for the review and approval of notice forms used by
   97  preneed licensees to provide notice under this subsection.
   99  ================= T I T L E  A M E N D M E N T ================
  100  And the title is amended as follows:
  101         Delete line 50
  102  and insert:
  103         made by the act; amending s. 497.459, F.S.; revising
  104         conditions under which a preneed licensee must provide
  105         certain persons a notice of intent to distribute funds
  106         under a preneed contract; requiring preneed licensees
  107         to complete a certain analysis at specified intervals;
  108         requiring a preneed licensee, rather than the trustee,
  109         to conduct a search and inquiry under certain
  110         circumstances; specifying the timeframe in which
  111         certain funds held in trust must be distributed;
  112         specifying the distribution of such funds; requiring
  113         that certain names be provided to the Division of
  114         Unclaimed Property at a certain time; providing
  115         construction and applicability; amending s. 552.081,
  116         F.S.; revising