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Florida Funeral Laws and Rules Exam
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Order of priority of a "Legally Authorized Person" -The Decedent -Person designated by decedent -Surviving spouse -Son or daughter 18+ -A parent -Brother or sister 18+ -Grandchild 18+ -A grandparent -Any person in the next degree of kinship If there is no family member existing or available, the legally authorized person may include: -Guardian at the time of death -Personal representative -Attorney-in-fact at the time of death -Health surrogate -Public health officer -Medical examiner -County commission or administrator
-Nursing home representative -Friend There shall NOT be two or more board members who are: Principals or employees of the same company or partnership Each board member shall serve a term of ____ 4 years In a case of malfeasance, incompetence, etc; the ____ may remove a board member Senate It is deemed that a board member has resigned from the board if: He/she misses 3 consecutive meetings, or more than half of the meetings in a year. In a case of malfeasance, incompetence, etc; the ____ may suspend a board member. Governor How many board members constitute a quorum necessary for the conduct of business by the board? Six members
How many days does the funeral home have to record the written complaint in the complaint log? Within 10 days What is the composition of a probable cause panel? At least 2 people, one of which must be a consumer member What is the maximum fine the board can impose for an administrative violation? $5000 per offense What is the maximum fine for unlicensed activity? $10,000 per offense If your license is suspended, must you complete continuing education hours? Yes, if you want your license to be unsuspended Who may sell preneed contracts? Only preneed sales agents and funeral directors What type of permission is required to take possession of a dead human body? Written permission
When is oral permission allowed for a licensee to take possession of a dead human body? If oral permission is granted, the licensee shall obtain written permission within a reasonable time, prior to disposition. Must a licensee have written permission to provide entombment or interment? Yes Can a person who is not applying for, or is a recipient of, Supplemental Security Income or Aid complete an irrevocable preneed contract? No When must the educational requirement be completed for operational personnel? Within 30 days of being hired What is the maximum educational requirement for operational personnel Health and Safety training? 3 hours of communicable disease training
Funeral directors must renew their license____ Biennially Funeral directors over the age of ____ do not need to complete the continuing education requirement, provided they are not the funeral director in charge of an establishment 75 A Funeral establishment must be at a specific address and the interior must have at least_______contiguous square feet 1250 When a visitation is in progress at a visitation chapel, the funeral director must be: Physically present in the chapel A visitation chapel must be: At least 500 sq feet and not more than 700 sq feet in size.
A funeral establishment may not be collocated with another funeral establishment unless? What about a direct disposal establishment? FHs: They were collocated prior to October 1, 1993. DDs: They were collocated prior to July 1 2000 Is it legal for your funeral home to give an honorarium to a nurse at a hospital if, after a death occurs, she/he asks the family to use your funeral establishment? Why or why not? No, this could be at-need solicitation, which is illegal. A certain funeral home has 2 funeral establishments. What is the minimum number of Funeral Directors this firm could employ? At least one funeral director in each establishment Who may obtain the vital statistical information needed to complete a death certificate at a funeral establishment? A licensed funeral director
If a body is moved from a temporary facility to be buried or entombed, is this considered disinterment? No If a central embalming facility is located within a funeral establishment, does it need to acquire a central embalming facility license? No - the Centralized Embalming Facility license is for those prep rooms that are independent of a funeral establishment. If a crime is suspected, a body can not be moved or embalmed without permission of the: Medical Examiner May a direct disposer conduct a direct burial? No If a direct disposer establishment is granted probationary status, how long will the probation last? 24 months
What is the minimum square footage needed for a direct disposer establishment? At least 625 square feet in the interior How long are direct disposer establishments required to keep signed contracts? At least 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? The cremation must occur within 48 hours of the specified time. What must cinerator facility personnel have in place to minimize incidental commingling of cremated remains? A written plan to minimize commingling If the cinerator facility is located at a funeral establishment, who may be in charge of it? Only a funeral director can be in charge of the cinerator facility
The applicant for a proposed cemetery must have a net worth of $_________, which must continually be maintained. $50, What is the minimum amount which must be deposited into a Care and Maintenance trust fund for a new cemetery? $50,000 (This amount is separate from the Net worth which is required.) Considering the required net worth of the applicant and the funds required in the Care and Maintenance Trust Fund, plus the $5000 application fee, you need at least $_________ and _____ acres of land to start a cemetery in Florida $105,000 and 30 acres. What 2 maps are needed to start a new cemetery? Map of the cemetery, and a map of the local area around the proposed cemetery The license renewal and fees for a cemetery are due: Each year on or before December 31
When the burial rights are sold for a grave space, the cemetery must deposit a portion of the money into the Care and Maintenance Trust Fund. The amount is: 10 percent or $25, whichever is greater The Care and Maintenance trust deposits must be made within: 30 days from the end of the calendar month in which received If a new owner is buying a cemetery, the care and maintenance trust fund must have an amount equal to the higher of: $50,000 or $25 for each previously sold grave space When is a cemetery considered to be abandoned? After 6 months with no reasonable maintenance If a grave space has been abandoned, what happens to the proceeds if the space is sold by the cemetery? 10% or $25 of the proceeds goes into the care and maintenance trust fund, and the balance is deposited with the state board.
Mrs. Jennifer George has left a generous endowment of $10,000 to Peaceful Rest Cemetery. How much must be placed into the Care and Maintenance Trust Fund? The entire endowment Mr. and Mrs. Johnson purchased 2 grave spaces for $650 each on March 4th. By when must the Cemetery Company make the deposit into the care and maintenance trust fund? The deposit should be made no later than 30 days following the close of the calendar month in which any payment was received List 2 types of cemeteries which are exempt from Florida Statute chapter 497. -Religious cemeteries less than 5 acres which provide only single-level ground burial -County and Municipal cemeteries 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? Second degree misdemeanor and a penalty fine of $
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? A full refund What offense/penalty may a Cemetery be subject to if they charge a $50 transfer fee to transfer the burial rights for a specified space from one person to another? None, if the fee is no greater than $ Who keeps the interest earned for a preneed contract cancelled 87 days after being written? The licensee A person cancels their preneed contact after 30 days, what are they entitled to? They are entitled to a full refund, though the licensee is entitled to keep any interest earned above the purchase price. What percentage of preneed must be trusted for a company which has a net worth less than $10,000? 100%
What is the COA (Certificate of Authority) Preneed License fee for a funeral establishment which sells 2500 through 4,999 preneed contracts during the year? $ What is the COA (Certificate of Authority) Preneed License fee for a funeral establishment which sells 5,000 through 14,999 preneed contracts during the year? $ What is the COA (Certificate of Authority) Preneed License fee for a funeral establishment which sells 15,000 through 29,999 preneed contracts during the year? $12, What is the COA (Certificate of Authority) Preneed License fee for a funeral establishment which sells 30,000 or more preneed contracts during the year? $18, For each preneed contract, the preneed licensee (establishment) must send in a fee into the Preneed Funeral Contract Consumer Protection Trust Fund. This fee is due:
60 days after the calendar quarter in which it was received If your funeral home uses the normal trusting methods of funding prefunded funeral contracts, how much do you pay to the Preneed Funeral Contract Consumer Protection Trust Fund for a preneed valued at $4,000? For a contract valued at $1300? $5 for the $4000 contract, $2.50 for the $1300 contract If your funeral home uses the alternative trusting methods of funding prefunded funeral contracts, how much do you pay to the Preneed Funeral Contract Consumer Protection Trust Fund for a preneed valued at $4,000? For a contract valued at $1300? $10 for the $4000 contract, $5 for the $1300 contract For each preneed contract, the preneed licensee (establishment) must send in a fee into the Preneed Funeral Contract Consumer Protection Trust Fund. In using the Normal Trusting method, what is the fee for a contract under $1500? $2.
