Claims Against the Preneed Funeral Contract Consumer Protection Trust Fund
In certain instances, a claim may be filed against the Preneed Funeral Contract Consumer Protection Trust Fund (“CPTF”) if the seller of a preneed contract subsequently goes out of business and/or becomes insolvent and will not or cannot perform on the preneed contract. The CPTF is a trust fund established by section 497.456, Florida Statutes. The amount, if any, that is paid on a claim against the CPTF is controlled by section 497.456, Florida Statutes, and rule 69K-10.002, Florida Administrative Code. The amount paid on a claim is never more (and is often less) than the net amount actually paid for the preneed contract, based upon the provisions of the referenced statute and rule.
Additional information about claims that may be filed under the Preneed Funeral Contract Consumer Protection Trust Fund may be obtained by reviewing the statute and rule cited above, or by contacting the Division at 850-413-3039.
Terminology
As used in regards to claims under the Preneed Funeral Contract Consumer Protection Trust Fund ("CPTF"), the following terminology is used.
“Beneficiary” is the person whose death and final arrangements are/were the subject of the preneed contract.
“Purchaser” is the person who actually paid for the preneed contract. In most cases, the Purchaser and the Beneficiary are the same person. However, in some cases, a spouse, an adult child, other family member, or some other person, may separately pay for the preneed contract. Whoever pays for the contract is the “Purchaser.” From a legal perspective, the Purchaser is generally considered the owner of the rights under the contract.
“At-need contract” refers to a contract (agreement) for funeral, cremation, burial, or related services and merchandise, purchased at or after the time of death. For example, when a person dies and a surviving family member engages a local funeral home to take the body and conduct funeral services or perform a cremation, there is typically an “at-need” contract (agreement) entered into for those at-need services.
“At-Need Provider” typically refers to a funeral home, cremation service, or cemetery which provides services pursuant to a contract or agreement entered into at or after the time of death.
Claim Forms
There are three different claim forms. Which form you use depends on whether the Beneficiary is still alive and who is the Claimant.
Beneficiary is deceased and the Claimant is an At-Need Provider. If you are an At-Need Provider who is taking assignment of a claim from the family of the decedent, use Claim Form "A" and use Assignment of Rights form “AOR”.
Beneficiary is deceased and the Claimant is the surviving spouse, family member, or legal representative of Beneficiary’s estate. Use Claim Form "B".
Beneficiary is alive and seeks a refund. If you are the Beneficiary or Purchaser of the preneed contract, or the legal representative of an incapacitated Beneficiary, and desire to seek a refund of amounts you paid because you have learned that the seller is out of business, use Claim Form “C”.