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Florida Funeral Law I QUESTIONS &
ANSWERS(LATEST UPDATE 2024)correct
Things that may be included in the Care & Maintenance of a cemetery - ANSWER Mowing grass, pruning shrubs & trees List priority of legally authorized person to determine disposition. - ANSWER Decedent prior to death, person named by decedent, spouse, children, parents, siblings, grandchild, grandparent, next degree of kinship If a decedent had 5 children and no surviving spouse, how many of the children are required by law to sign a cremation authorization form? - ANSWER All 5 To whom may a removal service offer its services? - ANSWER Funeral establishments & direct disposers How many members are on the Board of Funeral, Cemetery, and Consumer Services? - ANSWER 10 List the composition of the Board of Funeral, Cemetery, & Consumer Services. - ANSWER 2 funeral directors, 1 funeral director with a crematory & preneed license, 2 cemeterians, 1 monument maker, health officer, 3 consumers (one at least 60 years of age and one licensed cpa) May two members of the Board be employed by the same company? - ANSWER No How long are the terms of office of Board Members? - ANSWER 4 years Who may temporarily suspend a Board member for malfeasance, etc? - ANSWER Governor Who may permanently remove a Board member? - ANSWER Senate
How many meetings may a board member miss before they are considered to have resigned from the Board? - ANSWER 3 in a row or half of the meetings during any 12-month period Can a hospital or nursing home operate a direct disposal establishment? - ANSWER No Must a licensee have written permission to provide entombment or interment? - ANSWER Yes Can a person who is applying for or is a recipient of Supplemental Social Security Income or Aid complete an irrevocable preneed contract? - ANSWER Yes What casket must be displayed if caskets are displayed? - ANSWER Least expensive May a cemetery require a family to come to the cemetery to sign papers if the purpose is to sell the family additional goods or services? - ANSWER No How many people must serve on a probable cause panel? - ANSWER At least 2 What is the composition of a probable cause panel? - ANSWER At least 1 present board member, one of the board's former or present consumer members What is the maximum fine the board can impose for an administrative violation of unlicensed activity or aiding/abetting unlicensed activity? - ANSWER $5000/incident If your license if suspended, must you complete continuing education hours? - ANSWER Yes What is the crime committed if a person circulates unauthorized pre-licensure examination information?
Must a funeral establishment have an embalming room in the facility or on the premises? - ANSWER No, they can use a centralized embalming facility. Who must obtain the vital statistical information for the death certificate at a Funeral Establishment? - ANSWER Licensed funeral director Can the owner of a funeral establishment be unlicensed? - ANSWER Yes Can a funeral director arrange for an identification viewing at a funeral establishment? - ANSWER Yes Compare a visitation at a funeral establishment, a visitation at a visitation chapel, and a visitation at a direct disposal establishment. - ANSWER A funeral home can perform a visitation and also be a place to make arrangements; a visitation chapel can only be used for visitation; a direct disposal establishment cannot have a visitation. Can a direct disposer make a removal for a funeral establishment? - ANSWER Yes Who can make arrangements at a Visitation Chapel? - ANSWER No one What information must be displayed at the front of a funeral home? - ANSWER Funeral home name & FDIC A funeral establishment has a retort which is licensed as a cinerator facility. The funeral home owner is a funeral director in charge of the funeral establishment. May this owner also be the individual in charge of the cinerator facility? - ANSWER No, a licensed person can only be in charge of the facility at that specific physical address. If a person dies at Rest In Peace Nursing Home at 2 am on October 2. By when must the funeral director / embalmer embalm or refrigerate the body by? - ANSWER Within 24 hours of death If Federal Cremation Society, a direct disposal establishment, has a family that wants the deceased embalmed prior to cremation, may Federal contact a central embalming facility for the embalming? Why
or why not? - ANSWER No, only a funeral establishment may use a central embalming facility & if a body is embalmed it no longer qualifies under direct disposal. Can a funeral establishment and a direct disposal establishment be located at the same street address? - ANSWER Only if they have been co-located since July 1, 2000 Can the secretary of the funeral home call the minister at the local church to see if she is available to do a service for a family? - ANSWER No, this qualifies as arranging services. Joseph Summers died on August 3rd and was cremated on August 7th. The declaration of intent for the distribution of cremated remains said the family would pick up the cremated remains. On what date may the establishment dispose of the cremated remains of Mr. Summers? - ANSWER 120 days after the date cremation was completed What temperature should a refrigeration unit be kept at? - ANSWER 40 degrees or less Who can be the full-time person in charge of a direct disposal establishment? - ANSWER Direct disposer or licensed funeral director Who may obtain the vital statistical information needed to complete a death certificate at a direct disposal establishment? - ANSWER Licensed direct disposer or LFD Can a funeral director arrange an identification viewing at a Direct Disposal Establishment? - ANSWER No What duties can a FD conduct while working at a direct disposal establishment? - ANSWER Make removals and store dead body, get vitals, obtain permits, place obits, refrigerate remains and transport to disposal facility, contract with removal service to make removals Is it legal for a direct disposer to arrange a Memorial Service for the decedent 2 weeks after the death? - ANSWER Yes What information must be displayed at the front entrance of a direct disposal establishment? - ANSWER Name of establishment and licensed person in charge
May a direct disposer engage in direct burial? - ANSWER No What type of permission is required to take possession of a dead human body? - ANSWER Written or oral When is oral permission allowed for a licensee to take possession of a human body? - ANSWER As long as written permission is received within reasonable timeframe Who may receive a license by endorsement? - ANSWER Anyone who is licensed in another state Must a licensee by endorsement take a state law exam? - ANSWER Yes What kind of supervision is required for a temporary licensee? - ANSWER General What types of establishments may an embalming intern work at? - ANSWER An approved facility (funeral home or central embalming facility) How long is the apprentice program? - ANSWER 3 years, can be extended to 5 years Who may set the time of a funeral service at an establishment? - ANSWER LFD Who may negotiate the financial arrangements for a funeral? - ANSWER LFD Who may phone in an obituary for a funeral establishment? - ANSWER Anyone Educational requirements for a FD license - ANSWER Associate in Science, graduate of an accredited mortuary science program Where can a person complete their FD internship? - ANSWER Approved training facility
What must be done with a license issued by the board? - ANSWER Displayed in the location where the licensee works May interns serve both the funeral directing and embalming internships at the same time? - ANSWER Yes At what age can a FD stop taking continuing education? - ANSWER 75 Education requirements for direct disposer - ANSWER College courses in mortuary law and a course on communicable diseases approved by the licensing authority If a direct disposer establishment is granted a probationary period, what is the max. length of time of the period? - ANSWER 24 months Minimum interior contiguous square footage of a direct disposal establishment - ANSWER 625 sq. ft. How long must a direct disposal establishment keep contracts? - ANSWER 2 years When contracting with a family, a direct disposer specifies that cremation will occur on Feb 5th. During what time frame must the cremation occur? - ANSWER 48 hours after agreed upon time How many bodies may be placed in a retort at once? - ANSWER 1 (unless written permission has been received from a legally authorized person for each body) How often is a centralized embalming facility license renewed? - ANSWER Biennially When are cinerator facilities inspected? - ANSWER Prior to license, annually, change of ownership When are direct disposal facilities inspected? - ANSWER Prior to license, annually, move to new location, change in ownership When are funeral establishments inspected? - ANSWER Prior to license, annually, major modifications to establishment, change in ownership
By what date must a cemetery submit to the state board the annual financial reports for a cemetery Care and Maintenance Trust Fund? - ANSWER April 1 If you are a consumer who purchased the burial rights for 4 grave spaces in a cemetery, do you own the land of those spaces? - ANSWER No What is the minimum size of a grave space? - ANSWER 42 inches (width) x 96 inches (length) What is the minimum amount of top soil that must cover an outer burial container? - ANSWER 12 inches May a person who is not licensed as a broker of burial rights receive compensation for the sale of burial rights of 5 grave spaces? - ANSWER No, only up to 3 When is a cemetery considered to be abandoned? - ANSWER not maintained after 6 months When is a cemetery grave space (burial rights) considered to be abandoned? - ANSWER After 50 years and no change of address is received If a grave space has been abandoned, what happens to the proceeds if the space is sold by the cemetery? - ANSWER An equal amount of cemetery's actual/necessary costs incurred but not greater than 10% of the selling price shall be deposited into cemetery company's operating account and balance of proceeds deposited w/ the dept. within 20 days of receipt of funds from sale. When must trust deposits be made? - ANSWER within 30 days after the end of the calendar month in which they were received A preneed licensee fails to deposit funds within the designated time frame. What offense/penalty may the preneed licensee be subject to? - ANSWER 3rd degree felony Can any person sell pre-need contracts who is not registered as a pre-need sales agent? - ANSWER Yes, the LFD
Who is responsible for the activity of a pre-need sales agent? - ANSWER the funeral director in charge of a funeral establishment May a preneed sales agent sell a contract on an at-need basis? - ANSWER No How long is a permanent preneed sales agent (individual) license valid? - ANSWER until such time that there have been no appointments (registration under an establishment) for 48 consecutive months When is the fee for the preneed funeral contract consumer protection trust fund due? - ANSWER 60 days after the calendar quarter in which it was received What items will be refunded to the consumer if they cancel a contract after 30 days? - ANSWER full refund of the burial rights, merchandise and services that have not yet been used What disclosure must be on a preneed contract? - ANSWER Purchaser may cancel the contract within 30 days of the date of contract execution with no penalty What people can have an irrevocable trust preneed contract? - ANSWER Persons who qualify for or are a recipient of supplemental social security income, temporary cash assistance, or Medicaid What is required to pay the funds on a pre-need contract? - ANSWER death certificate What is the term for when a company has the right to keep the money for the preneed contract and buy a bond for that money? The bonding company agrees that if the preneed licensee can not pay for the contract at the time it is needed, the bonding company will pay the bill. - ANSWER Surety bond Who pays for a contract that has been trusted with a surety bond when the undertaker cannot pay for the funeral? - ANSWER the bonding company How long is a temporary sales agent license valid? - ANSWER 120 days once
What offense may a funeral director be guilty of, if they fail to file the death certificate? - ANSWER 2nd degree misdemeanor What is the amount of the federal death gratuity for those members of the armed services who die on active duty? - ANSWER $12, Minimum square footage of a funeral establishment - ANSWER 1250 sq. ft. Where may a visitation chapel be established? - ANSWER In the same county as the funeral establishment What functions can be performed at a visitation chapel? - ANSWER Visitation Can a fetus who is only 12 weeks gestation be cremated even if there is no DC or BTP? - ANSWER Yes Must a FD be present if disinterment and re-interment is in the same cemetery? - ANSWER No Is the transfer of remains from a temporary storage facility into a mausoleum considered disinterment? - ANSWER No With whom can a removal service enter into a contract? - ANSWER Other licensed establishments Who must be in charge of a centralized embalming facility? - ANSWER 1 full time embalmer Describe a container acceptable for transportation of a body on an airplane. - ANSWER A container that prevents seepage and odors What can you be charged with if you store bodies without covering them? - ANSWER 1st degree misdemeanor Who may sell a casket? - ANSWER Anyone
Can a direct disposer put an obit in a newspaper? - ANSWER Yes How many medical examiner commissioners sit on the probable cause panel? - ANSWER 3 What entity or person pays the salary of the district medical examiner? - ANSWER The Board of County Commissioners in that district (from the general funds or any other funds under their control) Can a medical examiner (district or associate) perform an autopsy on a body that has died out of the district they work in? If not, why not? If they can, who pays for the autopsy? - ANSWER Yes. If they do, the governmental agency that requested the autopsy is responsible for payment. List the cases in which the medical examiner of the district shall determine the cause of death by examination, investigation or autopsy as deemed necessary or at the request of the state attorney. - ANSWER (a) When any person dies in the state due to: Criminal violence; accident; suicide; sudden death of someone in good health; unattended by a practicing physician; dies in prison; dies in police custody; suspicious circumstances; criminal abortion; poison; by disease that may be a threat to public health; by disease, injury or toxic agent resulting from employment (b) when dead body is brought into state w/o proper medical certification (c) when body is to be cremated, dissected or buried at sea death by crushing injury; contagious disease; autopsy performed to determine COD; severe decomp; relative, fraternal society, charitable or religious organiz., gov't agency who provided care at time of death, or Dept. of Health claims body; honorably discharged veteran - ANSWER circumstances under which the anatomical board does not need to be advised of a death How long after death must the anatomical board wait to begin using a body for medical research? - ANSWER No less than 48 hours What method of disposition is used for a body after it is of no future use to the anatomical board? - ANSWER cremation
How long after death must a practitioner wait prior to cremating a body which has been legally authorized for cremation? - ANSWER 48 hours License applications that may be applied for and issued to a corporation, limited liability company, or partnership: - ANSWER Funeral establishment, centralized embalming facility, refrigeration facility, direct disposal establishment, monument establishment, cinerator facility, removal service, preneed sales business What crimes do not have to be disclosed on an application for licensure? - ANSWER speeding tickets or noncriminal traffic infractions When must a written complaint be logged? - ANSWER within 10 days of being received What are the penalties that the probable cause panel can impose? - ANSWER Denial of application, reprimand, suspension, or revocation of license Fine that can be imposed by a court for a licensee - ANSWER $5, What information must be on the ID (vault) tag before final disposition? - ANSWER Name of decedent, date of birth, date of death What can the cemetery use to verify identification? - ANSWER burial transit permit What are the minimum things needed for establishing a new cemetery? - ANSWER prove 50K of net worth and 30 contiguous acres of land; $5K nonrefundable application fee; and $50K care and maintenance trust How much money from mausoleum spaces must be placed into the care and maintenance trust fund? - ANSWER 10%
How much of a special endowment must be placed in trust? - ANSWER the full amount placed in a separate trust account, or if a separate trust fund is not set-up, then the full amount must be placed in the care and maintenance trust fund What is needed to unlicense a cemetery of 30 acres or under? - ANSWER Board approval What must be included in a cemetery map prior to selling any spaces in undeveloped portions of the cemetery? - ANSWER number of spaces, location of each space, number designation assigned to each space, dimensions of a standard adult grave space What percentage of abandoned spaces must a cemetery set aside for the exclusive use of persons/or their heirs who were owners of burial rights sold, who have the right at any time to obtain equivalent burial rights in the cemetery? - ANSWER 10% How often must an exempt cemetery of more than 5 acres report? What is the associated fee? - ANSWER Every 5 years; $ What Florida department oversees the Funeral Services issues? - ANSWER Board of Funeral, Cemetery, and Consumer Services What are the 5 standards of which a cremation container should meet substantially all? - ANSWER 1.) Be composed of readily combustible materials suitable for cremation 2.) Be able to be closed in order to provide a complete covering for the human remains 3.) Be resistant to leakage or spillage 4.) Be rigid enough to be handled with ease 5.) Be able to provide protection for the health, safety, and personal integrity of crematory personnel The following lists the priority of ________________: 1.) the decedent when written authorizations and directions are provided by the decedent 2.) surviving spouse - unless the spouse has been arrested for committing an act of domestic violence that resulted in or contributed to the death of the deceased 3.) a son or daughter who is 18 years of age or older
Who nominates the pool of candidates from which the members of the Board of Funeral, Cemetery, and Consumer Services are chosen? Who confirms the nominations? - ANSWER the Chief Financial Officer; the Senate How much is a board member compensated for each day the member attends an official meeting and participates in any other business at the request of the board's executive director? - ANSWER $50/day If a fetal death occurs for a fetus that is less than 20 weeks gestation (stillborn), is the director required to file a death certificate or secure a burial transit permit? - ANSWER No In addition to or in lieu of an administrative penalty, the dept. or board may seek a civil penalty through the circuit court from ______ - _______/offense. - ANSWER $500 - $5,000/offense In completing the paper burial transit permit for a fetal death, and filing for an extension, you must count the first _____________ following the delivery/death date and an additional 5 days, excluding ______________. - ANSWER 5 calendar days; excluding weekends or holidays (i.e., only the 5-day work week) If there is a live birth (i.e., the baby takes one breath regardless to gestational age), then how is the filing of the death certificate handled? - ANSWER electronically through EDRS When shall effective preneed sales agent licensee appointments expire? For example, if the appointment was made June 15, 2014, then the appointment would expire ______________. - ANSWER 24 months from the last day of the month in which the appointment was made (unless earlier termination by either entity); June 30, 2016. When can an initial appointment of a preneed sales agent licensee (individual) be made? - ANSWER not until 24 hours after a temporary preneed sales agent license is issued Is a direct disposal establishment able to place the name of the direct disposal establishment in any death notice or obituary? - ANSWER not if any funeral, memorial or graveside service is to take place and is mentioned in the death notice or obituary
Can a cinerator facility located at the same address as a funeral establishment have a direct disposer as its individual in charge? - ANSWER No What must human remains be held in before being placed in a retort or cremation chamber? - ANSWER in an alternative chamber, cremation container or casket Cinerator facility reports include what 5 items: - ANSWER 1.) names of persons cremated 2.) date and county of death 3.) name of each person supervising each cremation 4.) name/license # of establishment requesting cremation 5.) types of containers used to hold body during cremation When a cinerator facility is inspected, it shall maintain what 6 standards: - ANSWER 1.) one or more retorts 2.) maintain refrigeration 3.) maintain sufficient pollution control equipment 4.) have onsite or immediately available sufficient gasketed containers required for transportation of bodies 5.) maintain premises in a clean/sanitary condition 6.) have appropriate Dept. of Environmental Protection permits What class of creditors' claims are reasonable funeral, interment and grave marker expenses? - ANSWER Class 2 For funeral, interment and grave marker expenses to be considered reasonable when filed as a creditors' claim against an estate, the aggregate amount cannot exceed $_______. - ANSWER $6, What kind of creditors' claims supersede reasonable funeral, interment and grave marker expenses? - ANSWER costs, expenses of administration, and compensation of personal representatives and their attorneys, and attorneys fees
