Pursuant to s. 497.456, Florida Statutes, in certain instances a claim may be filed against the Florida Consumer Protection Trust Fund where a person has previously paid for a preneed contract, and the seller of the preneed contract subsequently goes out of business and/or becomes insolvent and will not or cannot perform the preneed contract. Whether such a claim will be paid, and how much will be paid on such a claim, is controlled by s. 497.456, Florida Statutes, and Rule 69K-10.002, Florida Administrative Code. The amount paid on such a claim is never more than the net amount actually paid for the preneed contract, and is often less than that, based on the provisions of the statute and the rule.
Information about claims under the Consumer Protection Trust Fund may be obtained by reviewing the statute and rule cited above, or by calling Ms. Christine Moore, CPTF claims processor, at 850-413-3039.
As used in regards to claims under the Consumer Protection Trust Fund, 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 or 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 or cremation service or cemetery, which provides services pursuant to a contract or agreement entered into at or after the time of death.
There are three different claims forms. Which form you use depends on whether the Beneficiary is still alive and who the Claimant is.
Beneficiary is deceased; 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” (MSWord or Adobe PDF) and use Assignment of Rights form “AOR” (MSWord | Adobe PDF).
Beneficiary is alive and seeks a refund. If you are the Beneficiary or Purchaser of the preneed contract, or the legal representative of a 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” (MSWord or Adobe PDF)