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A comprehensive set of questions and answers related to florida funeral laws for the year 2026. It covers various aspects of funeral regulations, including transportation of bodies, storage requirements, licensing, cemetery regulations, preneed contracts, and other legal aspects related to the funeral industry in florida. This material is useful for students or professionals preparing for exams or seeking to understand the legal framework governing funeral services in florida. Questions about direct disposers, embalming facilities, cemetery operations, and monument establishments. It also addresses consumer rights, trust fund management, and penalties for non-compliance.
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✔✔A container that prevents seepage and odors - ✔✔Describe a container acceptable for transportation of a body on an airplane. ✔✔1st degree misdemeanor - ✔✔What can you be charged with if you store bodies without covering them? ✔✔Anyone - ✔✔Who may sell a casket? ✔✔Yes - ✔✔Can a direct disposer put an obit in a newspaper? ✔✔College courses in mortuary law and ethics - ✔✔Education requirements for direct disposer ✔✔24 months - ✔✔If a direct disposer establishment is granted a probationary period, what is the max. length of time of the period ✔✔ 65 - ✔✔Min. square footage of a direct disposal establishment ✔✔2 years - ✔✔How long must a direct disposal establishment keep contracts? ✔✔48 hours after agreed upon time - ✔✔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 - ✔✔Must a family be notified in writing the time of the cremation ✔✔Biennially - ✔✔How often is a centralized embalming facility license renewed? ✔✔Prior to license, annually, change of ownership - ✔✔When are cinerator facilities inspected? ✔✔Prior to license, annually, move to new location, change in ownership - ✔✔When are direct disposal facilities inspected? ✔✔Prior to license, annually, major modifications to establishment, change in ownership
✔✔755, 530 - ✔✔Application fee for centralized embalming facility ✔✔ 905 - ✔✔Peaceful Rest Cemetery did $356,000 in gross sales this year. What is the renewal fee for Peaceful Rest Cemetery? ✔✔ 25 - ✔✔How much money must be deposited into the care and maintenance trust fund for a grave space that cost $200? ✔✔ 60 - ✔✔How much money must be deposited into the Care and maintenance trust fund for a $600 grave space? ✔✔All of it - ✔✔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? ✔✔30 days after the end of month that the contract was sold in - ✔✔Mr. and Mrs. Johnson purchased 2 grave spaces for $650 each on March 4th. By when must the Cemtery company make the deposit into the care and maintenance trust fund? ✔✔Either within 4 years of the date of the first sale or when 50% of the spaces have been sold. Must be completed within 5 years of date of first sale. - ✔✔On September 3, 2005, Peaceful Rest Cemetery sold the first space in the yet to be constructed PR Mausoleum. The Mausoleum is to house 200 caskets. The 100th space was sold on April 10, 2007. By what date must construction begin on the new mausoleum? By what date must the construction be completed? ✔✔Care and maintenance of cemetery; right to open & prepare spaces, initial sale of burial right - ✔✔Which of the following functions can a cemetery require the consumer to purchase from the cemetery and from no other entity? ✔✔None - ✔✔What offense/penalty may a cemetery be subject to is they charge a $ transfer fee to transfer the burial rights for a specified space from one person to another ✔✔Family, religious, county, nonprofit, fraternal organizations - ✔✔What cemeteries are exempt from 497? ✔✔No & no - ✔✔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 - ✔✔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?
✔✔42 in. (width) x 96 in. (or divided by 12, 8ft. - length) - ✔✔What is the minimum size of a grave space? ✔✔12 inches - ✔✔What is the minimum amount of top soil that must cover an outer burial container? ✔✔No, only up to 3 - ✔✔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? ✔✔not maintained after 6 months - ✔✔When is a cemetery considered to be abandoned? ✔✔After 50 years and no change of address is received - ✔✔When is a cemetery grave space burial rights considered to be abandoned? ✔✔office & display area - ✔✔what must be present in a monument establishment facility? ✔✔Full refund within 30 days - ✔✔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 - ✔✔What license is required to sell monuments? ✔✔70% - ✔✔Minimum percentage of pre-sold services to be trusted ✔✔greater of 30% of retail or 110% of wholesale - ✔✔Minimum percentage of pre-sold merchandise to be trusted ✔✔100% - ✔✔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 - ✔✔When must trust deposits be made? ✔✔Funeral establishment, cemetery company, direct disposal establishment, monument establishment - ✔✔List the establishments which can hold a valid preneed license. ✔✔all - ✔✔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 - ✔✔When are the annual trust reports due?
✔✔give 30 days notice - ✔✔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 - ✔✔A preneed licensee fails to deposit funds within the designated time frame. What offense/penalty may the preneed licensee by subject to? ✔✔LFD - ✔✔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 - ✔✔Who is responsible for the activity of a pre-need sales agent? ✔✔No - ✔✔May a preneed sales agent sell a contract on an at-need basis? ✔✔services & cash advance - ✔✔If a consumer cancels a preneed contract 75 days after execution, how much money is refunded to the consumer? ✔✔licensee - ✔✔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 - ✔✔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 - ✔✔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 - ✔✔What people can have an irrevocable trust preneed contract? ✔✔death certificate - ✔✔What is required to pay the funds on a pre-need contract? ✔✔Surety bond - ✔✔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 - ✔✔Who pays for a contract that has been trusted with a surety bond when the undertaker cannot pay for the funeral? ✔✔10% - ✔✔How much of the money from a preneed contract can be kept if the purchaser is in default?
list HIV/AIDS as a contributing factor in the cause of death. What offense/penalty may the physician be subject to? ✔✔3rd degree felony - ✔✔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 - ✔✔Is the scattering of cremated remains following cremation considered to be final disposition? ✔✔3rd degree felony - ✔✔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 - ✔✔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 - ✔✔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? ✔✔ 20 - ✔✔For a fetal death certificate to be issued, the baby had to reach what week of life, though not yet being born ✔✔regular death certificate - ✔✔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? ✔✔burial, entombment, cremation, donation, removal from state, burial at sea - ✔✔List the methods of final disposition as described by the Department of Health. ✔✔Pinellas - ✔✔Which local registrar would issue the burial-transit permit if a person died in Pinellas County, had a visitation and funeral in Hillsborough County and was buried in Sarasota County? ✔✔Before final disposition - ✔✔When must a burial-transit permit be given to the person in charge of the place of final disposition? ✔✔5 days after death - ✔✔Assuming there is no extension, when must a death certificate be filed by?
✔✔on the top line above the legal name - ✔✔Where are aliases listed on the death certificate? ✔✔funeral home who first took possession of the body - ✔✔Who is responsible for filing the death certificate? ✔✔cause of death - ✔✔What information is confidential on a death certificate? ✔✔cause of death, parentage, marital status and medical information - ✔✔What information is confidential on a fetal death certificate? ✔✔2nd degree misdemeanor - ✔✔What offense may a funeral director be guilty of, if they fail to file the death certificate? ✔✔$12000 - ✔✔What is the amount of the federal death gratuity for those members of the armed services who die on active duty? ✔✔ 3 - ✔✔How many medical examiner commissioners sit on the probable cause panel? ✔✔None - ✔✔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 - ✔✔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. - ✔✔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 - ✔✔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
✔✔MVA or aircraft accident, disease that is a threat to the public health, apparent drowning, in a state institution, or otherwise by violence - ✔✔List the cases in which an autopsy is suggested but not required. ✔✔the Governor - ✔✔What entity or person can appoint a district medical examiner? ✔✔3 years - ✔✔What is the term of office of a district medical examiner? ✔✔ 9 - ✔✔How many members are on the Medical Examiner's Commission? ✔✔When the body is transported in state without the appropriate medical certification. - ✔✔In what case does the medical examiner have jurisdiction over a death which occurred in another state? ✔✔cremation, dissected, burial at sea - ✔✔What methods of disposition require the medical examiner to have jurisdiction over the death? ✔✔surviving spouse, surviving parents, adult child - ✔✔Who may view a photograph taken by a medical examiner during an autopsy? ✔✔the law enforcement agent who is investigating the death - ✔✔Who is responsible for determining the identification of a dead body? ✔✔anatomical board - ✔✔Who is to be notified of a death of an unclaimed body? ✔✔the county commissioners or other legally authorized person - ✔✔Who is responsible for disposition of an unclaimed body when the anatomical board has an excess number of bodies? ✔✔1 year - ✔✔SIDS is designated for those infants who die under what age? ✔✔48 hours - ✔✔How long after death must a practitioner wait prior to cremating a body which has been legally authorized for cremation? ✔✔embalmer apprentice, embalmer intern, fd intern, fd, fd/embalmer, direct disposer, monument establishment sales agent, preneed sales agent - ✔✔Applications that can only be applied for and issued to a natural person: ✔✔Funeral establishment, centralized embalming facility, refrigeration facility, direct disposal establishment, monument establishment, cinerator facility, removal service, preneed sales business - ✔✔License applications that may be applied for and issued to a natural person, corporation, limited liability company, or partnership:
✔✔speeding tickets or noncriminal traffic infractions - ✔✔What crimes do not have to be disclosed on an application for licensure? ✔✔within 10 days of being received - ✔✔When must a written complaint be logged? ✔✔Denial of application, reprimand, suspension, or revocation of license - ✔✔What are the penalties that the probable cause panel can impose? ✔✔ 5000 - ✔✔Fine that can be imposed by a court for a licensee ✔✔owners, officers, directors of any licensee - ✔✔Who is responsible for the deficiency of any trust fund required by chapter 497? ✔✔Name, date of birth, date of death - ✔✔What information must be on the ID (vault) tag before final disposition? ✔✔funeral director - ✔✔Who is responsible for placing the permanent ID mark on the OBC in an unlicensed cemetery? ✔✔cemetery - ✔✔Who is responsible for placing the permanent ID mark on the OBC in a licensed cemetery? ✔✔BTP - ✔✔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 - ✔✔What are the minimum things needed for establishing a new cemetery? ✔✔10% - ✔✔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 - ✔✔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 - ✔✔What must be included in a cemetery map prior to selling any spaces in undeveloped portions of the cemetery? ✔✔10% - ✔✔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?
✔✔Secretary of the Army - ✔✔Who pays for the OBC in Arlington? ✔✔ 1500 - ✔✔What is the burial benefit for a veteran who dies as the result of a service- connected disability? ✔✔transportation to national cemetery - ✔✔If a veteran dies as a result of a service- connected disability, what additional benefit are they entitled to? ✔✔photo of face & fingerprints - ✔✔What identification information has to be taken for each ME case? ✔✔ 10 - ✔✔All persons over the age of ___ who die as a result of violence are examined for drugs and alcohol. ✔✔1 year - ✔✔How long must all specimins other than stained sections and embedded tissue retained by the medical examiner? ✔✔ 10 - ✔✔What percent of the purchase price of burial rights has to be paid into the care and maintenance trust fund? ✔✔ 200 - ✔✔What is the fine for the first violation (preneed)? ✔✔ 400 - ✔✔What is the fine for the 2nd violation (preneed)? ✔✔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. - ✔✔What are the standards of which a cremation container should meet substantially all? ✔✔legally authorized persons - ✔✔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 4.) a parent 5.) a brother or sister who is 18 years of age or older 6.) a grandchild who is 18 years of age or older 7.) a grandparent 8.) any person in the next degree of kinship
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 disposition 16.) a friend or other person who is willing to assume responsibility ✔✔True - ✔✔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. ✔✔1st degree misdemeanor - ✔✔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 _____________. ✔✔3rd degree felony - ✔✔Any custodian or a photograph or video or audio recording of an autopsy who willfully violates the confidentiality of these items is guilty of ______________. ✔✔the Governor (with the exception of one) - ✔✔Who appoints the members of the Board of Funeral, Cemetery, and Consumer Services? ✔✔the Chief Financial Officer; the Senate - ✔✔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? ✔✔$50 - ✔✔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? ✔✔No - ✔✔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? ✔✔$500 - $5,000 - ✔✔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.