Download Florida Funeral Law Practice Exam: Questions and Answers and more Exams Law in PDF only on Docsity!
Florida Funeral Law Practice Exam With
All Correct Answers.
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 What types of license may only be issued to a natural person - that is may not be issued to a corporation or other business entity? - Answer embalmer apprentice, embalmer intern, funeral director intern, funeral director, funeral director & embalmer, direct disposer, monument establishment sales agent, preneed agent May a natural person apply for a cemetery license? - Answer No Are licenses transferable if the business sells to another owner? - Answer No What convictions must be disclosed to the Board during the application for licensure? - Answer Any relating to the industry, any felonies for the last 20 years, any misdemeanors for the last 5 years Who may apply for a limited license? - Answer Retirees (in a state of emergency or to serve the indigent, underserved or critical need populations of this state) or an active licensee in another jurisdiction (of the US for 10 years) When can a limited licensee provide services? - Answer In a time of critical need If you have an address change, how long do you have to notify the Board? - Answer 30 days What is the maximum number of hours of continuing education a licensee may receive for attending a state board meeting? - Answer 5 hours What may be reviewed during an inspection? - Answer Complaints log
What is the crime committed if a person knowingly gives false information in applying for licensure? - Answer 3rd degree felony What is the crime committed if a person willfully obstructs the department in investigations? - Answer 2nd degree misdemeanor What is the crime committed if a person fails to deposit trust funds required under chapter 497? - Answer 3rd degree felony What is the crime committed if a cemetery discriminates on the basis of race? - Answer 2nd degree misdemeanor What is the educational requirement for operational personnel? - Answer No more than 3 hours of communicable disease When must the educational requirement be completed for operational personnel? - Answer Within 30 days of hire Time requirement for funeral director internship - Answer 1 year What is a provisional license? - Answer Provisional license is for an intern that has not taken the required examination and is good for 6 months Time requirement for embalmer internship - Answer 1 Year When is the Bodies Handled Report due? - Answer 20th day of each month Is it legal for your funeral home to give an honorarium to a nurse at a hospital, after a death occurs, to ask the family to use your funeral establishment? - Answer No A certain funeral home has 2 funeral establishments. What is the minimum number of Funeral Directors this firm must employ? - Answer 2, 1 FDIC for each establishment
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
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 Can a funeral director working at a direct disposal establishment arrange for a visitation? - Answer No Minimum age for an embalmer's license - Answer 18 years old Type of supervision provided to an embalming intern - Answer Direct 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 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
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 CE credits for FD - Answer 12 CE credits for direct disposer - Answer 3 What cemeteries are exempt from FL Statute 497? - Answer Family, religious, county, nonprofit, fraternal organizations Mr. Throby purchases 4 grave spaces from Peaceful Rest Cemetery on August 23. How much of a refund will Mr. Throby receive if he chooses to cancel the purchase (without having used the spaces) on September 5th? - Answer All because it is within 30 days of execution of the contract How often are monument establishment licenses renewed? - Answer Biannually To begin a new cemetery, how many contiguous acres are required? - Answer 30 acres What is the minimum net worth required to apply to start a cemetery? - Answer 50k What 2 maps are needed to start a new cemetery? - Answer cemetery and local area
What is the minimum amount which must be deposited into a Care and Maintenance Trust Fund for a new cemetery? This amount is separate from the net worth which is required. - Answer $50, How many years of cemetery experience are needed for the general manager of a new cemetery? - Answer 3 years How long without extensions, after a conditional cemetery license is issued does the cemetery company have to complete the remaining requirements? - Answer 12 months What is done with the income of the care and maintenance trust fund? - Answer Used for care and maintenance 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
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 How long after death does a funeral director have to obtain a burial-transit permit if there is no extension of time? - Answer 5 days How long after receiving the death certificate from the funeral director, does the physician have to sign the DC listing the cause of death? - Answer 72 hours Which state department oversees death certificates? - Answer Department of Health For a fetal death certificate to be issued, the baby had to reach what week of life, though not yet being born (i.e., not taking a breath)? - Answer 20 weeks If a baby is born in the 30th week and following birth the attending physician notices a single heart beat, which death certificate should be filed - Fetal Death Certificate or regular death certificate? - Answer regular death certificate
List the methods of final disposition as described by the Department of Health. - Answer burial, entombment, cremation, donation, removal from state, burial at sea When must a burial-transit permit be given to the person in charge of the place of final disposition? - Answer Before final disposition Assume you are in charge of a retort. Prior to cremation, you are given the burial- transit permits. What do you do with those permits that are given to you? - Answer Sign & get to health dept within 10 days of disposition Assuming there is no extension, when must a death certificate be filed by? - Answer 5 days after death Where are aliases listed on the death certificate? - Answer underneath the legal name Who is responsible for filing the death certificate? - Answer funeral home who first took possession of the body 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, 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
What entity or person can appoint a district medical examiner? - Answer the Governor What is the term of office of a district medical examiner? - Answer 3 years How many members are on the Medical Examiner's Commission? - Answer 9 members In what case does the medical examiner have jurisdiction over a death which occurred in another state? - Answer When the body is transported in state without the appropriate medical certification. What methods of disposition require the medical examiner to have jurisdiction over the death? - Answer cremation, dissection, burial at sea Who may view a photograph taken by a medical examiner during an autopsy? - Answer surviving spouse, surviving parents, adult child Who is to be notified of a death of an unclaimed body? - Answer anatomical board Is the state Anatomical Board notified if the deceased was entitled to burial in a veteran's cemetery? - Answer No Who is responsible for disposition of an unclaimed body when the anatomical board has an excess number of bodies? - Answer the county commissioners or other legally authorized person 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
9.) the guardian of the dead person at the time 10.) personal representative of the deceased 11.) attorney in fact at the time of death 12.) health surrogate of the deceased person at the time of death 13.) public health officer 14.) medical examiner, county commissioner or administrator 15.) representative of a nursing home or other health care institution in charge of final dispositio - Answer legally authorized persons True or False. The funeral establishment shall rely upon the authorization of any one legally authorized person if that person represents that she or he is not aware of any objection to the cremation of the deceased's human remains by others in the same class or any person in a higher priority class. - Answer True What is the final disposition for cremation? - Answer Cremation itself Anyone who does not report a death of suspicious means; who refuses to make available prior medical or other information pertinent to the death investigation; or, without an order from the district ME's office, willfully touches, removes, disturbs the body, clothing or any article near the body with the intent to alter the evidence or circumstances surrounding the death, shall be guilty of _____________. - Answer 1st degree misdemeanor Any custodian of a photograph or video or audio recording of an autopsy who willfully violates the confidentiality of these items is guilty of ______________. - Answer 3rd degree felony Who appoints the members of the Board of Funeral, Cemetery, and Consumer Services? - Answer the Governor (with the exception of one) 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,
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
