Florida Funeral, Cemetery, and Consumer Services Regulations, Exams of Public Law

Download Florida Funeral, Cemetery, and Consumer Services Regulations and more Exams Public Law in PDF only on Docsity! Florida Funeral Rules and Laws CORRECT QUESTIONS & ANSWERS How many members make up the Board of Funeral, Cemetery and Consumer Services? - ANSWER 10 Members, 9 of whom are appointed by the Gov. from nominations made by CFO. Name the members of the Board of Funeral, Cemetery and Consumer Services. - ANSWER 2 Funeral Directors associated w/ an establishment. 1 licensed FD w/ preneed who ownes and operates a cineerator facility. 2 cemetery persons. 3 Consumers who are residents of Florida and not connected to death care industry. One of which is at least 60 yrs of age and one who is a CPA. 1 principal of a Monument establishment. 1 is the State Health Officer. Funeral Board members are appointed fow how long? - ANSWER 4 years. The State Health Officer (or designee) shall serve the duration of office. Who may suspend a Board member? - ANSWER The Governor may suspend or the Senate may remove any board member for malfeasance, neglect of duty, etc... When has a Board member effectivley resigned his/her position? - ANSWER Failure of member to attend 3 consecutive meetings or half the meetings within one year. Where is "the Board" headquartered? - ANSWER Division of Funeral, Cemetery and Consumer Services of the Department of Financial Services in the City of Tallahassee. Who appoints the chair and vice-chair of the Board? - ANSWER Chief Financial Officer How far in advance must the Board and the Department give advance notice of intent to initiate rulemaking under their respective authorities? - ANSWER 60 days How often must the Department provide the "Board" with estimates as to projected costs for the following two years? - ANSWER Every other year. All fees collected by the Department are deposited into what account? - ANSWER The Regulatory Trust Fund How much can the Department charge for isuance of a duplicate lisence to a licensee? - ANSWER Not to exceed $25 How mch can the Department charge for the certification of a public record? - ANSWER Not to exceed $25 Upon initial licensure, what fee is imposed to combat unlicensed activities? - ANSWER $5 How much is the deliquency fee imposed by the department for late lisensure renewal? - ANSWER $50 May the Department charge a fee for inspection following a change in ownership? - ANSWER Yes, but it may not exceed the licensee's annual inspection fee. Lisence applied for by natural persons - ANSWER Embalmer Apprentice Embalmer intern Funeral Director Intern Funeral Director Funeral Director and Embalmer Direct Disposer Minument Establishment Sales Aget Preneed Sales Agent How long does a licensee have to address nonwillful trust remittance deficiencies - ANSWER 30 days After bing provided by the department with a written notice of complaint, how long does a licensee have to give a written response? - ANSWER 20 days Who investigates noncompliance issues regarding licensees who aren't eligible for citation or notices of noncomplience? - ANSWER Probable Cause panel Probable Cause panel is composed of at least how many members of the Board? - ANSWER 2. 1 may be a former member How long does the Probable Cause panel have to request additional investigative information - ANSWER 15 days from reciept of the investigative report How long does the probable cuase panel have to determine probable cause? - ANSWER 30 days May the probable cause time limit be extended? - ANSWER 10 days What is the maximum administrative fine for licensees? - ANSWER $5,000 How much notice must the department give to a licensee regarding an emergency suspension of his/her license? - ANSWER 7 days What is the maximum fee for Continuing Education providers to reapply as a provider? - ANSWER $250 Who investigates complaints against a licensee? - ANSWER The Dept. of Financial Services May the Department conduct inspections without notice - ANSWER Yes Complaint log must include the following: - ANSWER Complainant's name, date complaint received, complainant's address and phone. What kind of authorization must be granted in order to receive remains? - ANSWER Oral, followed up with written in a reasonable timeframe Is written or oral authorization required for washing or closing orifices? - ANSWER No. These are permissible until authorization to embalm is received. May a licensee suggest, for the purposes of encouraging more expensive merch/services, that by choosing less expensive merch/services, that client has diminished respect for their loved one? - ANSWER No A written preneed agreement should include: - ANSWER Name, address and telephone of licensee; signatures of consumer and licensee or his/her representative; date signed. Is a casket required for cremation? - ANSWER No How long must complaints be kept? - ANSWER Complaints since the date of last examination must be kept on file. How long does a licensee have to dispute a citation issued from the board? - ANSWER 30 days Are citations issued if there is significant consumer harm resulting from a violation? - ANSWER No How long does the Department have to issue a citation after the filing of a complaint? - ANSWER 6 months What is the maximum fine for unlicensed persons in violation of Chapter 497? - ANSWER $10,000 How long does a respondent have to request proceedings after receiving an administrative complaint? - ANSWER 21 days from the service of the complaint Who hears the proceedings of an administrative complaint? - ANSWER Administrative Law judge of the Division of Administrative Hearings What venue for judicial actions regarding administrative hearings? - ANSWER Leon County Who may issue a state of emergency? - ANSWER The Governor How long after a state of emergency is lifted may a modified rule remain in effect? - ANSWER 12 months Communicable Diseases course due how many days after hire? - ANSWER 30 days Is US citizenship required to become licensed under chapter 497? - ANSWER Nope May a family be contacted to sell services or merchandise to? - ANSWER No...this is considered solicitation Who is in charge of a funeral home's pre-need sales agent? - ANSWER FDIC The director of the division, serving as director of the board serves at the pleasure of whom? - ANSWER The Chief Financial Officer What may suspend or prevent licensure by the Department of Revenue? - ANSWER Failure to pay child support Any application under chapter 497 which must be reviewed and acted upon by the board must be submitted how many days before the next meeting? - ANSWER 25 days in advance of meeting What is the role of the Department of Legal Affairs ? - ANSWER represent the interests of the citizens of the state by counseling the board with respect to its obligations under the law 1M to 5M - ANSWER $3,250 Cemetery sales exceeding 5 Million? - ANSWER $4900 When is the deadline for an application for cemetery license renewal? - ANSWER On or before December 31 What is the penalty if the application and fee are not submitted by December 31st? - ANSWER $200 per month for each delinquesnt month Does a nonprofit cemetery established since 1915, with trust assets totaling 2M, have to designate a corporate trustee? - ANSWER No May a person withdraw assets from the care and maintanence trust fund? - ANSWER Not without written consent from the licensing authority What can withdraws from the care and maintanence trust fund be used for? - ANSWER solely for the care and maintenance of the cemetery, including maintenance of monuments, which maintenance may not be deemed to include the cleaning, refinishing, repairing, or replacement of monuments; for reasonable costs of administering the care and maintenance; and for reasonable costs of administering the trust fund. Two withdraw methods from Care and Maintenance Trust Fund: - ANSWER Net income withdrawal method.—Net income may be withdrawn from the trust, as earned, on a monthly basis. (b) Total return withdrawal method.—The licensee shall multiply the average fair market value of its pro rata share of the trust by the total return withdrawal percentage and may withdraw one-fourth of that amount What pertentage of burial rights sold need to be deposited into Care and Maintenance? - ANSWER The greater of 10% or $25 per burial right sold What percentage of an endowment to the cemetery must be trusted in Care and Maintenence? - ANSWER 100%Where Where are special endowments to individual family plots or monuments deposited? - ANSWER Individual trust fund or savings account When must deposits to the Care and Maintenance trust fund be made? - ANSWER No later than 30 days following the close of the calendar month in which any payment was received. What happens to payments made to Care and Maintenance on contracts that are cancelled - ANSWER They are credited against future obligations to the fund, provided they have been refunded to the purchaser. By what date are financial reports due regarding the Care and Maintenance Trust fund? - ANSWER April 1 May cemetery land be sold for anything other than cemetery use? - ANSWER Yes, provided all disinterments have been handled and all titles or burial rights have been revested by the licensee prior to the sale. How many notices must be given to affected persons regarding the sale of a cemetery for noncemetery use? - ANSWER Published 1 day per week for 4 consecutive weeks. What are NOT acceptable materials for the outer crypt sealing panels? - ANSWER Must be permanent, fire-proof material; but plastic, fiberglass and wood are not acceptable. When does a cemetery need to begin construction of a proposed section of mausoleum, columbaria or bank of below-ground crypts? - ANSWER The first of either 4 years since the date of the first sale, or when 50% of the spaces have been sold and purchase price received. When must mausoleum/columbaria construction be finished? - ANSWER Within 5 years of date of first sale What is the extensions maximum allowable for construction of a mauso/columb? - ANSWER 1 year What account must support a new construction or addition to a cemetery? - ANSWER a pre-construction trust fund When are preconstruction trust fund deposits due? - ANSWER Preconstruction trust fund payments shall be made within 30 days after the end of the month in which payment is received. How long after a final order to cease and desist letter will the department issue a complaint? - ANSWER 10 days The court may impose what fine for any licensee? - ANSWER $5,000 The court may impose what fine amount for any unlicensed person? - ANSWER $10,000 Any non-conforming physical appearance of a cemetery or its structures is considered... - ANSWER a public nuisance The theft in whole or in part or the act of unauthorized reproducing, circulating, or copying of any questions or answers on, from, or for any prelicensure examination administered by the department or the board, whether such examination is reproduced or copied in part or in whole and by any means - ANSWER 3rd degree Felony The act of knowingly giving false information in the course of applying for or obtaining a license under this chapter, with intent to mislead the board or a public employee in the performance of her or his official duties, or the act of attempting to obtain or obtaining a license under this chapter by knowingly misleading statements or knowing misrepresentations - ANSWER 3rd degree felony Any officer or director, or person occupying similar status or performing similar functions, of a preneed licensee who fails to make required deposits to any trust fund required by this chapter; any director, officer, agent, or employee of a preneed licensee who makes any unlawful withdrawal of funds from any such account or who knowingly discloses to the department or an employee thereof any false report made pursuant to this chapter - ANSWER 3rd degree felony What may a cemetery require of a monument installer? - ANSWER Proof of Liability Insurance and/or compensation Insurance May a cemetery company require a waiver of liability with respect to monument damage by cemetery employees? - ANSWER No Can a cemetery company or any burial rights seller be held liable for poor installation of a monument by a third party? - ANSWER No What is the limit of burial rights sold by unlicensed persons? - ANSWER 3 within 12 months How much is a Broker's License? - ANSWER Not to exceed $250 Military service members and their spouses pay how much for a Broker's license within 2 years of service? - ANSWER $0 Biennial renewal fee for broker's license? - ANSWER $250 How long does a consumer have to cancel a purchase of burial rights or merchandise? - ANSWER 30 days Is the sale of personal property permitted between two individuals who are contracted within the scope of the cemetery company? - ANSWER No, not until 120 after the final payment is made on the contract A municipality can provide maintenance and security to an abandoned cemetery using public or private funds after how many months? - ANSWER 6 months If an at need cemetery license is inactive, when must sales to the public stop? - ANSWER At-need sales to the public shall cease within 30 days after becoming inactive Ownership of burial rights is considered abandoned after how many years? - ANSWER 50 years of no notification of change of address How many days after notice of abandonment of a burial right is made to the Department can a cemetery resell the space? - ANSWER The department will notify the cemetery within 120 days if no claim has been made on the burial right by a legal next of kin. Notice of resale of an abandoned burial right must be published how many dales before sale? - ANSWER 30 days Who gets the money for resale of an abandoned burial right? - ANSWER 10% to Care and Maintenance Trust Cemetery is reimbursed for costs incurred to sell space, not exceed 10% of sale amount. The remaining balance goes to the Department Heirs of abandoned and resold burial right can claim what? - ANSWER An equivalent burial right for no charge, or claim the money paid to the department. Cemeteries must set aside how much equivalent space for resold/abandoned burial rights? - ANSWER 10% Exempt cemeteries must pay what amount every 5 years to file a report of identification with the Department? - ANSWER $25 Funeral/Embalmer licensees may have to take new exams to reinstatement after how may years? - ANSWER 4 years A notice of licensure renewal is sent how many days in advance of expiration? - ANSWER 90 days What is the licensing fee/application fee for embalmers? - ANSWER $200/$200 Who is exempt from the $200 Embalmer application fee? - ANSWER Military veteran serving within the last 2 years Minimum education requirements for embalmers - ANSWER theory and practice of embalming, restorative art, pathology, anatomy, microbiology, chemistry, hygiene, and public health and sanitation + course on communicable diseases A provisional embalmer's license is good for how long? - ANSWER 6 moths What is the fee for the provisional embalming license and is it renewable? - ANSWER $200 and renewable only once Who may be exempt from the provisional licensure fee? - ANSWER Military veterans who have served within the last 2 years. When does a temporary license expire? - ANSWER 6 months after the most recently available examination date? What is the initial application fee for a provisional license? - ANSWER $200 Funeral Director intern application fee? - ANSWER $200 A FD intern license may be issued to a currently enrolled student proved they've taken what courses? - ANSWER Ethics and mortuary law What kind of supervision of Funeral Director intern? - ANSWER Direct, unless after 6 months the attending Funeral Director attests that he/she is good for General Supervision What is the renewal fee for a funeral director or embalmer license? - ANSWER Not to exceed $500 How many hours of continuing education may be required for FD/Embalmer license renewal? - ANSWER 12 hours Non-classroom continuing education hours are calculated how? - ANSWER On an hour-for-hour basis 1 but fewer than 50 - ANSWER $400 50 but fewer than 250 - ANSWER $500 250 but fewer than 1,000 - ANSWER $850 1,000 but fewer than 2,500 - ANSWER $1,500 2,500 but fewer than 5,000 - ANSWER $2,500 5,000 but fewer than15,000 - ANSWER $6,000 15,000 but fewer than 30,000 - ANSWER $12,500 30,000 preneed contracts or more - ANSWER $18,500 Preneed renewal fee for sales between $1- $50,000 - ANSWER $1,000 Total sales $50,001 - $250,000 - ANSWER $1,500 Total sales of $250,001 - $500,000 - ANSWER $2,000 Total sales over $500,000 - ANSWER $2,500 Late fee for failing to file annual statement? - ANSWER $50 per day What is the quarterly payment to the Regulatory Trust Fund? - ANSWER Not to exceed $10 per contract When is the quarterly amount due to the Regulatory Trust Fund? - ANSWER Within 60 days after the end of the quarter Application to operate with a preneed license under a branch enterprise? - ANSWER $300 Branch license renewal? - ANSWER biennially not to exceed $500 When are annual trust reports due? - ANSWER on or before April 1 Preneed contracts must provide for... - ANSWER sequential pre-numbering For each preneed contract totaling less than $1500, what amount needs to be deposited into the Preneed Funeral Contract Protection Trust Fund using normal trusting methods? - ANSWER $2.50 Contracts totaling more than $1500 using normal Trusting methods? - ANSWER $5 What are the percentages of services and facility rental costs must be deposited on a preneed? - ANSWER 70% What percentage of merchandise on a preneed must be deposited? - ANSWER 30% of purchase price or 110 % of wholesale cost...whichever is greater What percentage of cash advances must be on deposit? - ANSWER 100% When are preneed deposits due? - ANSWER 60 days after the end of the calendar month in which they were recieved When are annual trust account reports due? - ANSWER On or before April 1st Accumulated earnings from a preneed belong to - ANSWER the licensee When is a purchaser of a preneed considered in default? - ANSWER After 90 days Preneed sales agent application fee? - ANSWER $150 online or $175 on paper Preneed application fee not to exceed... - ANSWER $300 How long is a temp preneed license good for? - ANSWER A temporary preneed sales agent license shall be valid for only 120 days from the date issued and may not be renewed. To go from temporary preneed license to permanent, what needs to be done? - ANSWER Fingerprints within 90 days of issuance of temp license When is a permanent preneed license cancelled? - ANSWER After 48 months of no written contracts Fee for termination of preneed license? - ANSWER $25 Application fee for direct Disposer - ANSWER $300 not to exceed $500 Grave Space definition - ANSWER "Grave space," according to the definition in Section 497.005(37), F.S., means a space of ground in a cemetery intended to be used for the interment in the ground of the remains of a deceased person. Said definition is not altered or modified because of the dimensions of the space or whether vertical or horizontal to be the natural contour of the ground or whether the remains or cremains of more than one person occupy the same excavation. Who provides for recovery, care and disposition of remains of active duty personnel? - ANSWER Secretary of the Army The Secretary of the Army will provide for what? - ANSWER (1) Recovery and identification of the remains. (2) Notification to the next of kin or other appropriate person. Who may assist the Medical Examiner's Commission in an investigation? - ANSWER The Department of Law Enforcement Who pays the salaries of the Medical Examiner and staff? - ANSWER Board of County Commissioners If the Medical Examiner performs an examination on an body that died in a State Agency, who pays for the transportation to the ME? - ANSWER That State Agency When is an examination performed? - ANSWER 1. criminal violence. 2. By accident. 3. By suicide. 4. Suddenly, when in apparent good health. 5. Unattended by a practicing physician or other recognized practitioner. 6. In any prison or penal institution. 7. In police custody. 8. In any suspicious or unusual circumstance. 9. By criminal abortion. 10. By poison. 11. By disease constituting a threat to public health. 12. By disease, injury, or toxic agent resulting from employment. Disturbing a dead body or scene where a dead body is found. - ANSWER 1st degree misdemeanor It is the duty of a law enforcement officer to share any evidence at the scene of death with - ANSWER the Medical Examiner Who is responsible for the identification of a dead body at the scene of death? - ANSWER The Law Enforcement Officer If the law enforcement agency cannot immediately identify the body, what happens? - ANSWER Data concerning the body is entered in the Florida Crime Information Center, into the Unidentified Person File of the National Crime Information Center Who may elect a stand in physician for a medical examiner - ANSWER State Attorney Can a County be held liable for the acts of a medical examiner? - ANSWER No...the ME is provided liability insurance Bodies that are to be interred or cremated at public expense are to notify whom? - ANSWER The Anatomical Board Whoever buys, sells, or has in his or her possession for the purpose of buying or selling or trafficking in the dead body of any human being shall be guilty of - ANSWER misdemeanor of the first degree A person who willfully and knowingly destroys, mutilates, defaces, injures, or removes any tomb, monument, gravestone, burial mound, etc... - ANSWER Felony of the Third degree A person who willfully and knowingly disturbs the contents of a tomb or grave - ANSWER Felony in the second degree Cremating a body before the 48 hour minimum? - ANSWER Misdemeanor in the second degree When a law enforcement agency is notified of a disturbed, unmarked grave, who do they notify? - ANSWER The District Medical Examiner If the district medical examiner finds that the unmarked human burial IS NOT involved in a legal investigation and represents the burial of an individual who has been dead 75 years or more, he or she shall notify - ANSWER The State Archeologist Who assumes jurisdiction over an unmarked grave over 75 years old? - ANSWER Division of Historical Resources of the Department of State If the district medical examiner finds that the unmarked human burial IS involved in a legal investigation and represents the burial of an individual who has been dead 75 years or LESS - ANSWER The Medical Examiner will assume jurisdiction and determine if the State Archeologist needs to be involved How long from the notification of an unmarked grave does the Medical Examiner have to make a determination as to whether the State Archeologist should be involved? - ANSWER 30 days The archaeologist and human skeletal analyst involved in the archaeological excavation and scientific analysis of an unmarked human burial shall submit a written report of archaeological and scientific findings as well as a summary of such findings, in terms that may be understood by laypersons, to the State Archaeologist within how many years after completion of an excavation? - ANSWER 2 years Any person who has knowledge that an unmarked human burial is being disturbed, vandalized, or damaged and fails to notify the local law enforcement agency with jurisdiction in the area where the unmarked human burial is located is guilty of - ANSWER a misdemeanor of the second degree A person who mutilates, commits sexual abuse upon, or otherwise grossly abuses a dead human body commits - ANSWER felony of the second degree What is the burial allowance for a Veteran who dies in a VA facility? - ANSWER $700 plus cost of transportation