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Florida Funeral Law QUESTIONS &
ANSWERS(LATEST UPDATE 2024) 100%
Readily combustible, able to be completely closed, leak & spill resistant, rigid enough to be handled with ease, provide protection for crematory operator - ANSWER 5 standards which a cremation container must meet Decedent prior to death, person named by decedent, spouse, children, parents, siblings, grandchild, grandparent, next degree of kinship - ANSWER List the priority by which persons may be the legally authorized person to decide disposition All 5 - ANSWER 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? Anyone in the funeral business - ANSWER To whom may a refrigeration facility offer its services? Funeral establishments & direct disposers - ANSWER To whom may a removal service offer its services? 10 - ANSWER How many members are on the Board of Funeral, Cemetery, and Consumer Services? 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) - ANSWER List the composition of the Board of Funeral, Cemetery, & Consumer Services. No - ANSWER May 2 members of the Board be employed by the same company? 4 years - ANSWER How long are the terms of office of Board Members? Governor - ANSWER Who may temporarily suspend a Board member for malfeasance, etc?
Senate - ANSWER Who may permanently remove a Board member? No - ANSWER Can a hospital or nursing home operate a direct disposal establishment? Yes - ANSWER If your license if suspended, must you complete continuing education hours? 3rd degree felony - ANSWER What is the crime committed if a person circulates unauthorized pre- licensure examination information? 3rd degree felony - ANSWER What is the crime committed if a person knowingly gives false information in applying for licensure? 2nd degree misdemeanor - ANSWER What is the crime committed if a person willfully obstructs the department in investigations? 3rd degree felony - ANSWER What is the crime committed if a person fails to deposit trust funds required under chapter 497? 2nd degree misdemeanor - ANSWER What is the crime committed if a cemetery discriminates on the basis of race? No more than 3 hours of communicable disease - ANSWER What is the educational requirement for operational personnel? Within 30 days of hire - ANSWER When must the educational requirement be completed for operational personnel? Provisional license is for an intern that has not taken the required examination and is good for 6 months - ANSWER What is a provisional license? 20th day of each month - ANSWER When is the Bodies Handled Report due?
No, this qualifies as arranging services - ANSWER 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? 120 days after the date cremation was completed - ANSWER Joseph Summers died on August 3 rd and was cremated on August 7 th. 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? The remains must remain covered, explain statute to the family - ANSWER When transporting a Hospice patient, the family requests that the funeral directors making the removal leave the decedent's head uncovered while in the removal vehicle. What should be done in this instance, regarding the covering of the head and the transportation? 40 degrees or less - ANSWER What temperature should a refrigeration unit be kept at? Direct disposer or licensed funeral director - ANSWER Who can be the full-time person in charge of a direct disposal establishment? Licensed direct disposer or LFD - ANSWER Who may obtain the vital statistical information needed to complete a death certificate at a direct disposal establishment? No - ANSWER Can a funeral director arrange an identification viewing at a Direct Disposal Establishment? 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 - ANSWER What duties can a FD conduct while working at a direct disposal establishment? Yes - ANSWER Is it legal for a direct disposer to arrange a Memorial Service for the decedent 2 weeks after the death? No - ANSWER Can a funeral director working at a direct disposal establishment arrange for a visitation? Anyone who is licensed in another state - ANSWER Who may receive a license by endorsement?
Yes - ANSWER Must a licensee by endorsement take a state law exam? General - ANSWER What kind of supervision is required for a temporary licensee? 3 years, can be extended to 5 - ANSWER How long is the apprentice program? Anyone - ANSWER Who may phone in an obituary for a funeral establishment? 75 - ANSWER At what age can an FD stop taking CE? 1250 - ANSWER Minimum square footage of a funeral establishment In the same county as the funeral establishment - ANSWER Where may a visitation chapel be established? Visitation - ANSWER What functions can be performed at a visitation chapel? Yes - ANSWER Can a fetus who is only 12 weeks gestation be cremated even if there is no DC or BTP? No - ANSWER Must a FD be present if disinterment and reinterment is in the same cemetery A container that prevents seepage and odors - ANSWER Describe a container acceptable for transportation of a body on an airplane. 1st degree misdemeanor - ANSWER What can you be charged with if you store bodies without covering them? Anyone - ANSWER Who may sell a casket?
College courses in mortuary law and ethics - ANSWER Education requirements for direct disposer 24 months - ANSWER If a direct disposer establishment is granted a probationary period, what is the max. length of time of the period 65 - ANSWER Min. square footage of a direct disposal establishment 2 years - ANSWER How long must a direct disposal establishment keep contracts? 48 hours after agreed upon time - ANSWER When contracting with a family, a direct disposer specifies that cremation will occur on Feb 5 th. During what time frame must the cremation occur? Yes - ANSWER Must a family be notified in writing the time of the cremation Biennially - ANSWER How often is a centralized embalming facility license renewed? Prior to license, annually, change of ownership - ANSWER When are cinerator facilities inspected? Prior to license, annually, move to new location, change in ownership - ANSWER When are direct disposal facilities inspected? Prior to license, annually, major modifications to establishment, change in ownership - ANSWER When are funeral establishments inspected? 12 - ANSWER CE credits for FD 6 - ANSWER CE credits for direct disposer
755, 530 - ANSWER Application fee for centralized embalming facility No & no - ANSWER Peaceful Rest Cemetery sets monuments in the cemetery. A family chose to use Marble Monument to set a marker in Peaceful Rest Cemetery. Can Peaceful Rest charge Marble Monument a fee for the installation of the monument? All because it is within 30 days of execution of the contract - ANSWER Mr. Throby purchases 4 graves 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? 2nd degree misdemeanor - ANSWER Peaceful Rest Cemetery refuses to bury a person in its cemetery because the person is of a certain ethnicity. What offense/penalty may the cemetery be subject to? Biannually - ANSWER How often are monument establishment licenses renewed? 30 - ANSWER To begin a new cemetery, how many contiguous acres are required? 50k - ANSWER What is the minimum net worth required to apply to start a cemetery? cemetery and local area - ANSWER What 2 maps are needed to start a new cemetery? $50,000 - ANSWER 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. establish a care & maintenance fund, no loans, zoning approval, name a GM in 3 years, develop 2 acres, notice in county recorder's office - ANSWER What steps are completed after the State Board gives conditional approvael to begin a new cemetery? only if they are the manufacturers - ANSWER Can a monument dealer establishment sell pre-need contracts?
office & display area - ANSWER what must be present in a monument establishment facility? Full refund within 30 days - ANSWER Mrs. Scott bought a monument for her late husband. The contract called for delivery of the monument on May 20th. If the monument is not installed on or before May 20th, what is Mrs. Scott entitled to? monument sales agent - ANSWER What license is required to sell monuments? 70% - ANSWER Minimum percentage of pre-sold services to be trusted greater of 30% of retail or 110% of wholesale - ANSWER Minimum percentage of pre-sold merchandise to be trusted 100% - ANSWER Minimum percentage of pre-sold cash advances to be trusted within 30 days after the end of the calendar month in which they were received - ANSWER When must trust deposits be made? Funeral establishment, cemetery company, direct disposal establishment, monument establishment - ANSWER List the establishments which can hold a valid preneed license. all - ANSWER Mrs. Thomas paid for a Preneed contract on May 4. The total contract amount was $6734.00. How much will she get back if she cancels the contract on May 30th? On or before April 1 - ANSWER When are the annual trust reports due? give 30 days notice - ANSWER A consumer is 90 days past due on payments for a pre-need contract. What steps are required for the funeral home to cancel the contract? 3rd degree felony - ANSWER A preneed licensee fails to deposit funds within the designated time frame. What offense/penalty may the preneed licensee by subject to?
LFD - ANSWER Can any person sell pre-need contracts who is not registered as a pre-need sales agent? the funeral director in charge of a funeral establishment - ANSWER Who is responsible for the activity of a pre-need sales agent? No - ANSWER May a preneed sales agent sell a contract on an at-need basis? services & cash advance - ANSWER If a consumer cancels a preneed contract 75 days after execution, how much money is refunded to the consumer? licensee - ANSWER Who keeps the interest earned for a preneed contract cancelled 87 days after being written? full refund of the burial rights, merchandise and services that have not yet been used - ANSWER What items will be refunded to the consumer if they cancel a contract after 30 days? Purchaser may cancel the contract within 30 days of the date of contract execution with no penalty - ANSWER What disclosure must be on a preneed contract? Persons who qualify for or are a recipient of supplemental security income, temporary cash assistance, or Medicaid - ANSWER What people can have an irrevocable trust preneed contract? death certificate - ANSWER What is required to pay the funds on a pre-need contract? Surety bond - ANSWER 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. the bonding company - ANSWER Who pays for a contract that has been trusted with a surety bond when the undertaker cannot pay for the funeral?
120 days once - ANSWER How long is a temporary sales agent license for? Submit fingerprints and a background check - ANSWER What must a person do to convert from a temporary sales agent license to a permanent license? 5 days - ANSWER How long after death does a funeral director have to obtain a burial-transit permit if there is no extension of time? 72 hours - ANSWER How long after receiving the death certificate from the funeral director, does the physician have to sign the DC listing the cause of death? cemetery sexton, whoever is in charge of opening/closing - ANSWER To whom does the funeral director give the Burial-Transit permit to if the body is buried? crematory operator in charge of that cremation - ANSWER To whom does the funeral director give the Burial-Transit permit to if the body is to be cremated? notification; preparation; clothing; casket; transportation; and interment. - ANSWER List the benefits that a prisoner of war is entitled to, if they die in the custody of the US military. Secretary of Agriculture - ANSWER If a person dies in a National Forest, who is responsible for the expenses in transporting the deceased out of the forest? Secretary of Interior - ANSWER If a person dies in a national park, who is responsible for the expenses of transporting the deceased out of the national park? Surgeon General - ANSWER A person dies in a Public Health Service Hospital. (I do not know where these institutions exist, but assume they do since the US code covers deaths there.) Who is responsible for the reasonable burial expenses of the deceased? 5 days not including weekends or holidays - ANSWER How long is the extension for filing a death certificate, approved by the local registrar?
a court of competent jurisdiction - ANSWER What entity determines if a presumptive death certificate is issued? family - ANSWER Who may receive a certified copy of the "long form", that is a copy of the death certificate which includes the cause of death? Department of Health - ANSWER Which state department oversees death certificates? 3rd degree felony - ANSWER The family does not want their loved one to have the stigma of having died of HIV/AIDS. They request and the physician grants their request not to list HIV/AIDS as a contributing factor in the cause of death. What offense/penalty may the physician be subject to? 3rd degree felony - ANSWER family wishes to collect the insurance money from the death of their father. The father committed suicide which the insurance company will not pay for. The family obtains a copy of the Death Certificate and changes the cause of death to Myocardial infarction (Heart attack) and submits it to the insurance company. Other than insurance fraud, what offense/penalty may the family be subject to? no - ANSWER Is the scattering of cremated remains following cremation considered to be final disposition? 3rd degree felony - ANSWER The St. Petersburg Times recently came into the possession of a copy of the death certificate of former Governor Lawton Chiles and intends to publish the Death Certificate in the newspaper. The newspaper obtained the copy giving $500 to a local registrar. What offense/penalty may the St. Pete Times be subject to? 2nd degree misdemeanor - ANSWER A local physician hates it when his patients die. (So does the patient!!) The physician takes out his anger by charging the funeral home a fee of $10 to sign the death certificate. What offenses/penalty may the doctor be subject to? 2nd degree misdemeanor - ANSWER You, a funeral director are going to have an immediate burial for a deceased person in a small family cemetery which does not have a sexton. You choose to bury the deceased prior to obtaining the Buiral Permit. What offense/penalty may you be subject to?
$12000 - ANSWER What is the amount of the federal death gratuity for those members of the armed services who die on active duty? 3 - ANSWER How many medical examiner commissioners sit on the probable cause panel? None - ANSWER While setting a marker in a local cemetery, your monument company accidentally bumped a monument and knocked a large chip out of the side of the monument. Your firm has offered and paid for the monument replacement. What offenses/penalty may you be subject to? Second degree misdemeanor - ANSWER Your direct disposal establishment receives a call that Peter R. Abbit has died. The time of death was 4:20pm on August 23. You performed the cremation at 3:30pm on August 25, what offense/penalty may you be subject to? Yes. If they do, the governmental agency that requested the autopsy is responsible for payment. - ANSWER 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? The State Archaeologist - ANSWER An unmarked grave is found to be 100 + years old. Who has the jurisdiction over that grave? (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 - ANSWER 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. district medical examiner - ANSWER An unmarked grave is discovered to be 30 years old, who has jurisdiction over this grave? district medical examiner - ANSWER While digging to set the foundation of a new funeral home, your establishment discovers a grave that appears to be 100 years old. Who should be notified?
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 When does the anatomical board not need to be advised of a death? Davis-3rd degree felony, Patterson-2nd degree misdemeanor - ANSWER While digging to set the foundation of Davis Direct Disposal establishment, Davis discovered a previously unmarked grave. He realizes that an investigation may take months so he quickly and quietly reburies the skeletal remains to the side of the establishment and erects a monument to mark the grave. When Davis tells Patterson what he did, Patterson fails to report the incident. What offense/penalty may each person be subject to? No less than 48 hours - ANSWER How long after death must the anatomical board wait to begin using a body for medical research? 2 physicians who are active medical examiners, 1 FD, 1 state attorney, 1 public defender, 1 sheriff, 1 county commissioner, Attorney General or his rep, Secretary of Health or his rep - ANSWER List the composition of the Medical Examiners Commission 4 years - ANSWER What is the term of office for a person appointed to the Medical Examiners Commission? Suspected criminal violence, occurred in police custody, occurred in prison, gunshot, poisoning, SIDS, suicide, directed by State Attorney - ANSWER List the cases in which an autopsy is required by law. Medical Examiners Commission - ANSWER What entity or person can remove a district Medical Examiner? MVA or aircraft accident, disease that is a threat to the public health, apparent drowning, in a state institution, or otherwise by violence - ANSWER List the cases in which an autopsy is suggested but not required. the Governor - ANSWER What entity or person can appoint a district medical examiner?
applications that may be applied for and issued to a natural person, corporation, limited liability company, or partnership: speeding tickets or noncriminal traffic infractions - ANSWER What crimes do not have to be disclosed on an application for licensure? within 10 days of being received - ANSWER When must a written complaint be logged? Denial of application, reprimand, suspension, or revocation of license - ANSWER What are the penalties that the probable cause panel can impose? 5000 - ANSWER Fine that can be imposed by a court for a licensee owners, officers, directors of any licensee - ANSWER Who is responsible for the deficiency of any trust fund required by chapter 497? Name, date of birth, date of death - ANSWER What information must be on the ID (vault) tag before final disposition? funeral director - ANSWER Who is responsible for placing the permanent ID mark on the OBC in an unlicensed cemetery? cemetery - ANSWER Who is responsible for placing the permanent ID mark on the OBC in a licensed cemetery? BTP - ANSWER What can the cemetery use to verify identification? prove 50K of net worth and 30 contiguous acres of land; $5K nonrefundable application fee; and $50K care and maintenance trust - ANSWER What are the minimum things needed for establishing a new cemetery?
10% - ANSWER How much money from mausoleum spaces must be places into the care and maintenance trust fund? 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 - ANSWER How much of a special endowment must be placed in trust? number of spaces, location of each space, number designation assigned to each space, dimensions of a standard adult grave space - ANSWER What must be included in a cemetery map prior to selling any spaces in undeveloped portions of the cemetery? 10% - ANSWER 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? Every 5 years; $25 - ANSWER How often must an exempt cemetery of more than 5 acres report? What is the associated fee? Eye, cornea, kidney, liver, heart, lung, pancreas, bone, skin - ANSWER Organs and tissues subject to provisions of 872 Armed Forces Medical Examiner - ANSWER Who conducts the forensic pathology investigation if the deceased is involved in any federal investigation? a commander - ANSWER Who may make the determination that a deceased warrants investigation by the Armed Forces Medical Examiner? temporary members of the coast guard reserve - ANSWER What specific members of the armed forces are excluded from eligibility for the armed forces death benefit? 120 - ANSWER How many days after discharge is a member of the armed forces still eligible for the armed forces death benefit?
