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FLORIDA FUNERAL LAWS & RULES FINAL EXAM 180
QUESTIONS & DETAILED ANSWERS ALREADY GRADED
A+ NEW
Order of priority of a "Legally Authorized Person" - CORRECT ANSWER >>> - 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: -
CORRECT ANSWER >>> - 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
A funeral establishment need only rely upon one person from an authorized class, if that person
represents that: - CORRECT ANSWER >>> she/he is not aware of any objection to the
cremation of the deceased, by others in the same class or a higher priority class. There are 10 members on the Board of Funeral, Cemetery and Consumer Services. The
composition of the Board is: - CORRECT ANSWER >>> - 2 funeral directors
- 1 funeral director who sells pre-need and has a crematory
- 2 cemeterians
- 3 public members not associated with funeral service.
- 1 monument dealer
- the State Health Officer Two of the three public members on the Board of Funeral, Cemetery and Consumer Services
must include: - CORRECT ANSWER >>> - A member over 60 years old
There shall NOT be two or more board members who are: -^ CORRECT ANSWER
>>> Principals or employees of the same company or partnership
Each board member shall serve a term of ____ - CORRECT ANSWER >>> 4 years
In a case of malfeasance, incompetence, etc;
the ____ may remove a board member - CORRECT ANSWER >>> Senate
- Refrigeration facility
- Direct disposal establishment
- Monument establishment
- Cinerator facility
- Removal service
- Preneed sales business
May a natural person apply for a cemetery license? - CORRECT ANSWER >>> No (only a
corporation, partnership, or LLC)
Are licenses transferable if the business sells to another owner? -^ CORRECT ANSWER
>>> No
When applying for any of the establishment licenses, the application must include a listing of: -
CORRECT ANSWER >>> Everyone who controls more than 10% of the company.
Can a hospital or nursing home operate a direct disposal establishment? - CORRECT
ANSWER >>> No
If a license applicant is convicted of any crimes within the past 10 years, he/she must provide: -
CORRECT ANSWER >>> Certified copies of court records of the crime
What convictions must be disclosed to the board during application for licensure? -
CORRECT ANSWER >>> - Any felony or misdemeanor relating to this chapter no matter when
committed.
- Any other felony committed within the past 20 years
- Any other misdemeanor committed within the past 5 years.
What types of crimes do not have to be reported to the board at the time of application? -
CORRECT ANSWER >>> Speeding tickets or other noncriminal traffic infractions
Who may apply for a limited license? - CORRECT ANSWER >>> A retired Florida licensee or
someone holds an active license to practice in another jurisdiction of the United States
May a person with a limited license engage in preneed sales? -^ CORRECT ANSWER
>>> No
When can a limited licensee provide services? - CORRECT ANSWER >>> In times of critical
need
If you have an address change, how long do you have to notify the Board? - CORRECT
ANSWER >>> 30 days
How many days does the funeral home have to record the written complaint in the complaint
log? - CORRECT ANSWER >>> Within 10 days
What is the composition of a probable cause panel? - CORRECT ANSWER >>> At least 2
people, one of which must be a consumer member
When must the educational requirement be completed for operational personnel? -
CORRECT ANSWER >>> Within 30 days of being hired
What is the maximum educational requirement for operational personnel Health and Safety
training? - CORRECT ANSWER >>> 3 hours
When must the first identification tag be placed on a deceased? -^ CORRECT ANSWER
>>> Prior to removal from the place of death
Must cemeteries place an identifying marker on outer burial containers, and if so what is
required? - CORRECT ANSWER >>> Yes, it must be a permanent identifying mark, listing the
name of decedent and the date of death.
Prior to final disposition, the ________ must place an identification tag on the body -
CORRECT ANSWER >>> Licensee in charge
In regards to trust funds, owners, directors and officers are held: -^ CORRECT ANSWER
>>> Jointly and severally liable for any deficiency in any trust fund required by this chapter (497)
A license issued to those who have applied for a permanent license by endorsement, and
approved to take the Florida Law and Rules Examination. It is good for 60 days. - CORRECT
ANSWER >>> Temporary License
A license issued to those who have already applied for a permanent license, completed a Florida internship, and been approved to take the Florida Laws and Rules examination. It is good for 6
months. - CORRECT ANSWER >>> Provisional License
When must the Report of Cases Embalmed or Bodies Handled be completed? - CORRECT
ANSWER >>> Each month. It is due by the 20th of the subsequent month, and is available for
inspection.
Funeral directors must renew their license____ - CORRECT ANSWER >>> 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 -
CORRECT ANSWER >>> 75
A Funeral establishment must be at a specific address and the interior must have at
least_______contiguous square feet - CORRECT ANSWER >>> 1250
When a visitation is in progress at a visitation chapel, the funeral director must be: -
CORRECT ANSWER >>> Physically present in the chapel
A visitation chapel must be: - CORRECT ANSWER >>> 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 or with a
direct disposal establishment unless: - CORRECT ANSWER >>> They were collocated prior to
October 1, 1993. 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? - CORRECT
ANSWER >>> No, this could be at-need solicitation, which is illegal.
disinterment? - CORRECT ANSWER >>> No
If a central embalming facility is located within a funeral establishment, does it need to acquire
a central embalming facility license? - CORRECT ANSWER >>> No - the Centralized
Embalming Facility license is for those prep rooms that are independent of a funeral establishment.
Bodies may not be stored for over 24 hours unless: - CORRECT ANSWER >>> They are
embalmed or stored in refrigeration under 40 degrees
When transporting or storing human remains, the body must be: -^ CORRECT ANSWER
>>> Completely covered at all times
If a crime is suspected, a body can not be moved or embalmed without permission of the: -
CORRECT ANSWER >>> Medical Examiner
Direct disposers may only perform the following functions: - CORRECT ANSWER >>> Make
removals and refrigerate dead body
- Secure information for death certificate
- Obtain necessary permits and place obituaries
- Transport to DD establishment for direct disposition
- Contract with a removal service to make removals
A direct disposer may NOT: - CORRECT ANSWER >>> Sell, conduct, or arrange burials, funeral
services, memorial services, visitations or viewings, or pretend to be funeral directors.
May a direct disposer conduct a direct burial? - CORRECT ANSWER >>> No
If a direct disposer establishment is granted probationary status, how long with the probation
How many continuing education hours are needed by a direct disposer? - CORRECT ANSWER
>>> 6 hours of continuing education
There shall be either a refrigeration room for the storage of dead human bodies, or written arrangements for the refrigeration and storage of dead human bodies at a facility within ____
miles of the funeral establishment. - CORRECT ANSWER >>> 75
A proposed cemetery must be at least ____ contiguous acres - CORRECT ANSWER >>> 30
The applicant for a proposed cemetery must have a net worth of $_________, which must
continually be maintained. - CORRECT ANSWER >>> $50,
What is the minimum amount which must be deposited into a Care and Maintenance trust fund
for a new cemetery? - CORRECT ANSWER >>> $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 - CORRECT ANSWER >>> $105,000 and 30
acres.
What 2 maps are needed to start a new cemetery? - CORRECT ANSWER >>> 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: - CORRECT ANSWER >>> 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: -^ CORRECT ANSWER
>>> 10 percent and no less than $25 per grave space
The Care and Maintenance trust deposits must be made within: -^ CORRECT ANSWER^ >>>^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: - CORRECT ANSWER >>> $50,000 or $25 for each previously sold
grave space
If a cemetery is building a new mausoleum, they must begin construction either: - CORRECT
ANSWER >>> Within 4 years of the date of the first sale of a space OR when 50% of the spaces
have been sold.
The construction of a mausoleum must be completed within: - CORRECT ANSWER >>> 5
years of the date of sale of the first space in the mausoleum
What is the minimum size of a grave space? - CORRECT ANSWER >>> 42 inches wide by 96
inches long
What is the minimum amount of top soil that must cover an outer burial container? -
CORRECT ANSWER >>> 12 inches of top soil
When is a cemetery considered to be abandoned? - CORRECT ANSWER >>> After 6 months
with no reasonable maintenance
space? - CORRECT ANSWER >>> $
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? - CORRECT
ANSWER >>> $10,000 (100% of sums from an endowment need to be deposited when
received) 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? - CORRECT
ANSWER >>> 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. - CORRECT
ANSWER >>> - 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? - CORRECT
ANSWER >>> 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? - CORRECT ANSWER >>> Since he has 30 days to cancel without
penalty and has not used the spaces, he will receive 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? -^ CORRECT ANSWER
>>> None, if the fee is no greater than $
May a preneed sales agent sell a contract on an at-need basis? - CORRECT ANSWER
>>> No
Who keeps the interest earned for a preneed contract cancelled 87 days after being written? -
CORRECT ANSWER >>> The licensee
A person cancels their preneed contact after 30 days, what are they entitled to? - CORRECT
ANSWER >>> They are entitled to a full refund, though the licensee is entitled to keep any
interest earned above the purchase price.
What percentage must be trusted for a company which has a net worth less than $10,000? -
CORRECT ANSWER >>> 100%
What is the COA (Certificate of Authority) Preneed License fee for a funeral establishment which
sells 0 preneed contracts during the year? - CORRECT ANSWER >>> $
What is the COA (Certificate of Authority) Preneed License fee for a funeral establishment which
sells 1 through 49 preneed contracts during the year? - CORRECT ANSWER >>> $
What is the COA (Certificate of Authority) Preneed License fee for a funeral establishment which
sells 50 through 249 preneed contracts during the year? - CORRECT ANSWER >>> $
preneed valued at $4,000? For a contract valued at $1300? - CORRECT ANSWER >>> $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? - CORRECT
ANSWER >>> $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? - CORRECT
ANSWER >>> $2.
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 over $1500? - CORRECT
ANSWER >>> $5.
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 Alternative Trusting method, what is the fee for a contract under $1500? -
CORRECT ANSWER >>> $5.
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 Alternative Trusting method, what is the fee for a contract over $1500? -
CORRECT ANSWER >>> $10.
The Minimum Percentages to be trusted using the Normal Trusting Method are: - CORRECT
ANSWER >>> Services: 70%
Merchandise: greater of 30% of retail or 110% of wholsale Cash Advances 100%
Trust deposits must be made within: - CORRECT ANSWER >>> 30 days of the end of the
calendar month in which they were received. If the income in the trust is not sufficient to pay for the funeral goods/services provided for in
the contract, who is responsible for paying the difference to any third party? - CORRECT
ANSWER >>> The preneed licensee (establishment)
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? -^ CORRECT ANSWER
>>> $6734.00 - a full refund
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? - CORRECT ANSWER >>> The funeral home is
required to give 30 days' notice to the purchaser
