Florida Funeral Law II Exam with complete solutions

Protect the right to make decisions regarding disposition; Protect consumer regarding purchase of funeral goods & services; Establish minimum standards - ANSWER-Purposes of Chapter 497 Anyone in the funeral business - ANSWER-To whom may a refrigeration facility offer its services? $5 - ANSWER-What is the amount of the fee imposed upon initial licensure and each renewal thereof to combat unlicensed activity? 10 years - ANSWER-How many years prior to an application, must an applicant have no conviction of guilt of a crime in order for the application to be considered complete? No - ANSWER-May a person with a limited license engage in preneed sales? No - ANSWER-May a direct disposer who is working at a funeral establishment make arrangements for a direct cremation? 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? A written plan - ANSWER-What must cinerator facility personnel have in place to minimize incidental co-mingling of cremated remains? $755 (Yr. 1 - odd year), $530 (Yr.2 - even year) - ANSWER-Application fee for centralized embalming facility $905 - ANSWER-Peaceful Rest Cemetery did $356,000 in gross sales this year. What is the renewal fee for Peaceful Rest Cemetery? $25 [minimum deposit] - ANSWER-How much money must be deposited into the care and maintenance trust fund for a grave space that cost $200? $60 [because 10% of the funds collected must be deposited or a minimum of $25.00] - ANSWER-How much money must be deposited into the Care and maintenance trust fund for a $600 grave space? All of it [because 100% of special endowment funds must be deposited into a separate trust account or into the Care & Maintenance Trust Fund] - 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? 30 days after the end of month that the contract was sold in - ANSWER-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? Either within 4 years of the date of the first sale or when 50% of the spaces have been sold. [In this case, right away because although it hasn't been 4 years since the 1st sale, 50% of the spaces have been sold.] Must be completed within 5 years of date of first sale. [In this case, Sept. 3, 2010] - ANSWER-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 - ANSWER-Which of the following functions can a cemetery require the consumer to purchase from the cemetery and from no other entity? None - ANSWER-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? 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? $455 - ANSWER-According to the state board website, what is the amount of the initial license for a monument establishment? 1.) establish a care & maintenance fund/ deposit of $50K into fund; 2.) certification from attorney or title co. there are no loans against proposed acreage; 3.) name a GM w/in 90 days prior to intended opening date (w/ 3 years experience w/in 7 yrs of application); 4.) develop 2 acres - ANSWER-What steps must be completed after the State Board gives conditional approval to begin a new cemetery? only if they are the manufacturers - ANSWER-Can a monument dealer establishment sell pre-need contracts? 30 - ANSWER-How many acres of a new cemetery must be developed to fully license a new cemetery? (see pp. 80 - 81) 50k or 10% of each one - ANSWER-Your funeral home buys a cemetery which has been exempt from regulation in the past. At the time of the purchase, the cemetery has sold the burial rights on 3,000 grave spaces. How much money must be placed in the Care and Maintenance Trust fund? yes - ANSWER-If you are a consumer who purchased the burial rights for 4 grave spaces in a cemetery, may you sell the burial rights? office & display area - ANSWER-Beginning January 1, 2006, 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? $5 by May 31 [because payment is due 60 days after the end of the quarter in which funds were received] - ANSWER-On February 4, you wrote a $3000 prefunded funeral contract using the normal trusting methods. How much is due to the Preneed Funeral Contract Consumer Trust Fund by what date? 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 $2.50, $5 - ANSWER-Fee required by preneed funeral contract consumer protection trust fund for contracts UNDER $1,500 in normal and alternative trusting $5, $10 - ANSWER-Fee required by preneed funeral contract consumer protection trust fund for contracts OVER $1,500 in normal and alternative trusting 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 $6,734.00. How much will she get back if she cancels the contract on May 30th? 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? services & cash advance items - 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? 90% - ANSWER-What percentage must be placed in trust for ALTERNATIVE methods of TRUSTING? A copy of the preneed contract to be used - ANSWER-What must be filed with the state board prior to selling a preneed contract? 10% - ANSWER-How much of the money from a preneed contract can be kept if the purchaser is in default? Submit fingerprints and a background check - ANSWER-What must a person do to convert from a temporary sales agent license to a permanent license? cemetery sexton - 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? Give it to whoever is in charge of the place of disposition - ANSWER-If a funeral director buries a body in a cemetery which has no sexton, what should the funeral director do with the burial-transit permit? notification; preparation; clothing; casket/urn; transportation; and interment - ANSWER-List the benefits that a prisoner of war and interned enemy aliens are entitled to, if they die in the custody of the US military. Secretary of Agriculture - ANSWER-If a person dies within a National FOREST, who is responsible for the expenses in transporting the deceased person 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. 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, if the extension is approved by the 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? 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-A 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, the final disposition is the cremation itself. - 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. Petersburg 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 burial permit. What offense/penalty may you be subject to? Pinellas County - ANSWER-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? No - ANSWER-On the way to the cemetery, you realize that you do not have the burial-transit permit with you. May the cemetery complete the service and burial and allow you to bring the permit to them later that day? cause of death - ANSWER-What information is confidential on a death certificate? cause of death, parentage, marital status and medical information - ANSWER-What information is confidential on a fetal death certificate? 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? 2nd 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? The State Archaeologist - ANSWER-An unmarked grave is found to be 100 + years old. Who has the jurisdiction over that grave? 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? 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? an autopsy is generally needed to complete the investigation of death - ANSWER-MVA or aircraft accident, disease that is a threat to the public health, apparent drowning, death in a state institution, or death otherwise by violence are all cases in which __________________________________________. the law enforcement agent who is investigating the death - ANSWER-Who is responsible for determining the identification of a dead body? 1 year - ANSWER-SIDS is designated for those infants who die under what age? owners, officers, directors of any licensee - ANSWER-Who is responsible for the deficiency of any trust fund required by chapter 497? 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? 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 days - ANSWER-How many days after discharge from active duty or inactive-duty training is a member of the armed forces still eligible for the armed forces death benefit? $6,000 - ANSWER-What is the armed forces benefit for those members who DIED ON ACTIVE DUTY OR DURING TRAINING WHILE ON INACTIVE DUTY? humanitarian agency, contractor with DOD, merchant vessel, dependent of person qualified - ANSWER-Who is able to receive mortuary services (on a reimbursable basis) from the DOD? 2 - ANSWER-What is the minimum number of team members for a military detail? flag folding and playing of TAPS - ANSWER-What is the minimum military honors ceremony? a fine, up to 6 months imprisonment, or both - ANSWER-What is the possible penalty for someone who uses a military use urn without approval? $300 - ANSWER-What is the amount paid for an indigent veteran's burial expenses? Secretary of the Army - ANSWER-Who pays for the OBC in Arlington? $1,500 [before Sept. 11, 2001] or $2,000 [died on or after Sept. 11, 2001] - ANSWER-What is the burial benefit for a veteran who dies as the result of a SERVICE-CONNECTED DISABILITY? transportation to national cemetery - ANSWER-If a veteran dies as a result of a service-connected disability, what additional benefit are they entitled to? photo of face & fingerprints - ANSWER-What identification information has to be taken for each ME case? tissue - ANSWER-a representative sample of a body part or organ 10 years old - ANSWER-All persons over the age of ___ who die as a result of violence are examined for drugs and alcohol. 1 year - ANSWER-How long must all specimens other than stained sections and embedded tissue be retained by the medical examiner? $10.00/space for all spaces sold or contracted for sale OR 25k, whichever sum is greater - ANSWER-What is the max amount that needs to be placed in the care and maintenance trust fund when an exempt cemetery converts to a non-exempt cemetery? last day of Feb [of even numbered year] - ANSWER-When is a preneed sales agent renewal filing due? 10% - ANSWER-What percent of the purchase price of burial rights has to be paid into the care and maintenance trust fund? if the maturity value is less than the amount of the services - ANSWER-When can a preneed contract not be funded by life insurance? [less than] 1% - ANSWER-Failure to remit ____ of the amounts required to be deposited to a trust fund for an examination period is considered a minor violation for which you would likely be issued a letter of non-compliance. $200 - ANSWER-What is the fine for the first preneed violation? $400 - ANSWER-What is the fine for the 2nd preneed violation? Board of Funeral, Cemetery, and Consumer Services - ANSWER-What Florida department oversees the Funeral Services issues? a minor violation for which you would likely be issued a letter of non-compliance - ANSWER-Failure to provide any person, upon request, with a copy of cemetery bylaws is what kind of violation? a minor violation for which you would likely be issued a letter of non-compliance - ANSWER-Failure to make timely deposits to any trust fund is what kind of violation? a minor violation for which you would likely be issued a letter of non-compliance - ANSWER-Failure to register a branch name for a common business enterprise is what kind of violation? a minor violation for which you would likely be issued a letter of non-compliance - ANSWER-Failure to have records available at all reasonable times for examination by the Department is what kind of violation? a minor violation for which you would likely be issued a letter of non-compliance - ANSWER-Establishing a condition for entry or access to a cemetery is what kind of violation? 70% services 100% cash advance items and 110% wholesale or 30% retail for merchandise (whichever is greater) - ANSWER-Funds collected for pre-need services and merchandise must designate ______% of funds collected for services to, _____% of funds for cash advance items and _______% of funds for merchandise - whichever is greater - to the Pre-need Services and Merchandise Trust. upon fulfillment [when file becomes at-need] - ANSWER-When may a preneed licensee withdraw the amount deposited to trust plus income earned for the merchandise and services delivered? 1.) certified copy of death certificate 2.) invoice for merchandise reflecting name of purchaser or beneficiary and contract# 3.) acknowledgement signed by the purchaser or next of kin, acknowledging merchandise received or services performed 4.) burial permit - ANSWER-Examples of acceptable documentation for withdrawal of deposited funds into trust. Class A or chapel mausoleum - ANSWER-State the class of mausoleum described: A mausoleum that has heat/or air conditioning, with or without a committal area or chapel or office(s), single or multi-story, with any number of crypts, and burial rights in all crypts are available for purchase by the general public. Class B or garden mausoleum - ANSWER-State the class of mausoleum described: A mausoleum, single or multi-story, with any number of crypts, that is built WITHOUT heat/or air conditioning but may contain an "OPEN AIR" committal area and burial rights in all crypts that are available for purchase by the general public. Class C or family mausoleum - ANSWER-State the class of mausoleum described: A mausoleum pre-assembled within or without the State of Florida and PURCHASED BY A GROUP OF FAMILY MEMBERS in which burial rights in individual crypts or niches are not sold to the general public. Class D or non-visitation crypt mausoleum - ANSWER-A mausoleum with remote memorialization burial rights which are available for sale to the general public. By design/location, they are NOT ABLE TO BE SEEN, touched or visited by the general public, but the crypts are accesssible to authorized persons of the cemetery or specific representatives of the Dept. No - ANSWER-Are the following activities deemed as "arranging"? -Clerical preparation of death certificates -Contacting shipping agents or cemeterians/delivery of remains to shipping agents or cemeterians -Delivery of death certificates to attending physicians -Removal of remains to funeral establishments, medical examiners' offices or other locations as authorized and provided by law Yes - ANSWER-Are the following activities deemed as "arranging"? -Planning the details of funeral services, setting the time of the service, the type of services to be rendered, acquiring the services of a minister, priest, or other clergy, obtaining vital info for the filing of death certificates and obtaining burial transit permits and making financial arrangements relating to funeral services/merchandise -Comparing or discussing prices/financial arrangements w/ legally authorized persons in accordance w/ existing laws/rules -Personal, on-site supervision of all scheduled funeral rites as contracted -Mngt. or supervision of the operation of funeral establishments except for admin. matters such as budgeting, accounting, maintenance of bldgs., equipment/grounds, and routine clerical/recordkeeping functions 1.) adequate ventilation, including an exhaust fan to exchange air in the room w/ outside air at least (12) times/hr. 2.) operating table w/ non-porous surface 3.) sanitary floors w/ non-porous surface 4.) sanitary waste receptacles 5.) hand sink w/ hot/cold water, a service sink or sanitary drain for removal of body fluids connected to central sewage system or septic tank - ANSWER-A preparation room should be equipped with what equipment/or features? - 1 embalming machine - 1 aspirator - 1 master trocar - 1 aneurism needle - 1 scalpel - 1 drain tube - 1 arterial tube - 1 scissor - surgical needles - eye caps - surgeon's thread - 1 head rest - razor blades - absorbent cotton - antiseptic soap - sheets - towels - disinfectant - tubing - disposable surgical gloves - ANSWER-A preparation room should be equipped with what instruments? 1. 2 bottles of arterial fluid per body 2. 1 bottle of cavity fluid per body 3. supply of hardening compound for autopsies - ANSWER-What are the minimum supplies for embalming dead human bodies? 75 miles - ANSWER-If a funeral home is utilizing a centralized embalming facility, the centralized embalming facility shall be located within _____ miles of the establishments served and available for use on a continuous full-time basis. the funeral director in charge or the direct disposer in charge - ANSWER-Who is responsible for the preneed agents? 1 - 3 years (maximum) - ANSWER-An embalmer apprentice shall be eligible to serve in this capacity for __________ if the apprentice is enrolled in and attending a course in mortuary science or funeral service education college. 1.) scattering at sea 2.) placement in licensed cemetery scattering garden or pond 3.) in a cemetery lot, columbarium or mausoleum 4.) in a church columbarium 5.) in a county, municipal, community, fraternal, non-profit, church or veterans cemetery 6.) scattering or placement where no local prohibition exists - ANSWER-State some of the ways in which unclaimed remains can be disposed of after 120 days [from the date of cremation]. at least 2 years - ANSWER-How long must cremation records be retained? $.35/sq. in. - ANSWER-Each cemetery fee for installation/maintenance of a marker or monument shall be the actual cost to install but shall not exceed ______________. An Affidavit of Amendment to Medical Certification of Death - ANSWER-An amendment of the medical certification of the cause of death, date of death, hour or time of death or the place of death other than street address on a death certificate requires completion of what form and signed before a notarizing official, attached to the original death certificate? Affidavit of Amendment to Certificate of Death - ANSWER-Application to amend items other than those requiring the signature of the attending physician or medical examiner shall be completed on what form, accompanied by the required fee, and signed before a notarizing official? body part - ANSWER-The entire head, an entire extremity, a portion of an extremity that includes a hand or foot, or the torso, of a dead human body. For human skeletal remains, defined as a nearly complete skull, or most of the bones of extremity, or most of the bones of the torso. organ - ANSWER-An entire internal viscus, such as a brain, heart, larynx, lung, stomach, or uterus of a dead human body tissue - ANSWER-A representative sample of a body part or organ, constituting a minority of the volume or mass of the part or organ embedded tissue - ANSWER-Tissue embedded in paraffin blocks, or the like, for the purpose of histological study sections - ANSWER-Tissue mounted on glass slides for the purpose of histological staining stained sections - ANSWER-Sections stained for the purpose of microscopic examination fluid - ANSWER-Liquid from a blood ve