Florida Funeral Laws

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SPC FSE2080 review for final exam

Alternative Container

Unfinished wood box or other nonmetal receptacle or enclosure, without ornamentation or a fixed interior lining, that is designed for the encasement of human remains and that is made of fiberboard, pressed wood, composition materials, or like material

At-Need Solicitation

Any uninvited contact by a licensee or his or her agent for the purpose of the sale of burial services or merchandise to the family or next of kin of a person after his or her death has occurred

Below ground crypts

Interment space in preplaced chambers, either side by side or multiple depth covered by earth and sod and known also as "lawn crypts," "westminsters." or "turf-top crypts"

Funeral goods/burial merchandise

Any personal property offered or sold by any person for use in connection with the final disposition, memorialization, interment, entombment, or inurnment of human remains or cremated remains

Burial right

THe term which means the right to use a grave space, mausoleum, columbarium, ossuary, or scattering garden for the interment, entombment, inrunment, or other disposition of human remains or cremated remains

Funeral Service

Any service offered or provided in connection with the final disposition, memorialization, interment, entombment, or inurnment of human remains or cremated remains

Care and maintenance

Perpetual process of keeping a cemetery and its lots, graves, grounds, landscaping, roads, paths, etc in a well-cared-for and dignified condtion

Casket

A rigid container that is designed for the encasement of human remains and that is usually constructed of wood or metal, ornamented, and lined with fabric

Cemetery

A place dedicated to and used or intended to be used for the permanent interment of human remains or cremated remains

Cemetery Company

Any legal entity that owns or controls cemetery lands or property

Centralized embalming facility

A facility in which embalming takes place that operates independently of a funeral establishment licensee and that offers embalming services to funeral directors for a fee

Bank of below ground crypts

Any construction unit of below ground crypts that is acceptable to the Department of Financial Services and that a cemetery uses to initiate its below ground crypt program or to add to existing below ground crypt structures

Cinerator

A facility where dead human bodies are subjected to cremation

Closed container

Any container in which cremated remains can be placed and closed in a manner so as to prevent leakage or spillage of the remains

Columbarium

A structure of building that is substantially exposed above the ground and that is intended to be used for the inurnment of cremated remains

Common business enterprise

A group of two or more business entities that share common ownership in excess of 50 percent

Cremated remains

All the remains of the human body recovered after the completing of the cremation process, including processing or pulverization that leaves only bone fragments reduced to unidentifiable dimensions and may include the residue of any foreign matter, including the residue of any foreign matter, including casket material, bridgework, or eyeglasses that were cremated with the human remains

Cremation

Any mechanical or thermal process whereby a dead human body is reduced to ashes and bone fragments. Also includes any other mechanical or thermal process whereby human remains are pulverized, burned, recremated, or otherwise further reduced in size or quantity

Cremation chamber

Enclosed space within which the cremation process takes place. Anything covered by these procedures shall be used exclusively for the cremation of human remains

Cremation container

The casket or alternative in which the human remains are transported to and placed in the cremation chamber for a cremation

Cremation interment container

A rigid outer container, that, subject to a cemetery's rules and regulations, is composed of concrete, steel, fiberglass, or some similar material in which an urn is placed prior to being interred in the ground and that is designed to support the earth above the urn

Board of funeral, cemetery, and consumer services

What Florida department oversees the Funeral Services issues

Direct disposal establishment

A facility licensed under chapter 382 where a direct disposer practices direct disposition

Licensee

Any person licensed under chapter 382 to practice direct disposition in Florida

Disinterment

The removal of a dead body from earth interment or aboveground interment

Embalmier

Any person licensed under chapter 382 to practice embalming in Florida

Final Disposition

The final disposition of a dead human body by earth interment, above ground interment, cremation, burial at sea, or delivery to a medical institution for lawful dissection if the medical institution assumes responsibility for disposal

Funeral Service

The observances, services, or ceremonies held to commemorate the life of a specific deceased human being at which time the remains are present

Funeral director

Any person licensed under chapter 382 to practice funeral directing in Florida

Funeral Home

A facility licensed under chapter 382 where a funeral director or embalmer practices funeral directing or embalming

Grave space

A space of ground in a cemetery intended to be used for the interment in the ground of human remains

Human remains

The body of a deceased human person for which a death certificate or fetal death certificate is required under chapter 382 and includes the body in any stage of decomposition

Mausoleum

A structure or building that is substantially exposed above the ground and that is intended to be used for the entombment of human remains

Monument

Any product used for identifying a grave site and cemetery memorials of all types, including monuments, markers, and vases

Monument establishment

A facility that operates independently of a cemetery or funeral establishment and that offers to sell monuments or monument services to the public placement in a cemetery

Niche

A compartment or cubicle for the memorialization or permanent placement of a container or urn containing cremated remains

Ossuary

A receptacle used for the communal placement of cremated remains without benefit of any urn or any other container in which cremated remains may be commingled with other cremated remains and are nonrecoverable

Outer burial container

An enclosure into which a casket is placed and includes, but is not limited to, vaults made out of concrete, steel, fiberglass, or copper; sectional concrete enclosures; crypts; and wooded enclosure

Personal residence

Any residential building in which one temporarily or permanently maintains his or her abode

Direct disposition

The cremation of human remains without preparation of the human remains by embalming and without any attendant services or rites such as funeral or graveside services or the making of arrangements for such final disposition

Embalming

Disinfecting or preserving or attempting to disinfect or preserve dead human bodies by replacing certain body fluids with preserving and disinfecting chemicals

Practice of funeral directing

The performance by a licensed funeral director of any functions authorized by s. 497.372

Pre-need contract

Any arrangement or method, of which the provider of funeral merchandise or services has actual knowledge, whereby any person agrees to furnish funeral merchandise or service in the future

Preneed sales agent

Any person who is licensed under chapter 487 to sell preneed burial or funeral service and merchandise contracts or direct disposition contracts in Florida

Processing

The reduction of identifiable bone fragments after the completion of the cremation and processing to unidentifiable bone fragments by manual means

Pulverization

The reduction of identifiable bone fragments after the completion of the cremation and processing to granulated particles by manual or mechanical means

Refrigeration facility

A facility that is operated independently of a funeral establishment, crematory, or direct disposal establishment that maintains space and equipment for the storage and refrigeration of dead human bodies

Removal services

Any service that operates independently of a funeral establishment or a direct disposal , that handles the initial removal of dead human bodies, and that offers its service to funeral establishments and direct disposal establishments for a fee

Scattering garden

A location set aside, within a cemetery, that is used for the spreading of broadcasting of cremated remain that have been removed from their container and can be mixed with or placed on top of the soil or ground cover or buried in an underground receptacle on a commingled basis and that are nonrecoverable

Solicitation

Any communication that directly or implicitly requests an immediate oral response from the recipient

Temporary container

A receptacle for cremated remains usually made of cardboard, plastic, or similar material designated to hold the cremated remains until an urn or other permanent container is acquired

Urn

A receptacle designed to permanently encase cremated remains

Protect the right to make decisions regarding disposition, protect consumer for funeral goods & services, establish minimum standards

Purposes of Chapter 497

Mowing grass, pruning shrubs & trees

Things that may be included in the Care & Maintenance of a cemetery

Readily combustible, able to be completely closed, leak & spill resistant, rigid enough to be handled with ease, provide protection for crematory operator

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

List the priority by which persons may be the legally authorized person to decide disposition

All 5

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

To whom may a refrigeration facility offer its services

Funeral establishments & direct disposers

To whom may a removal service offer its services

10

How many members are on the Board of Funeral, Cemetery, and Consumer Services

2 funeral directors, 1 funeral director with a crematory & preneed, 2 cemeterians, 1 monument maker, health officer, 3 consumers

List the composition of the Board of Funeral, Cemetery, & Consumer Services

No

May 2 members of the Board be employed by the same company

4 years

How long are the terms of office of Board Members

Governor

Who may temporarily suspend a Board member for malfeasance, etc?

Senate

Who may permanently remove a Board member?

3 in a row or half for the year

How many meetings may a board member miss before they are considered to have resigned from the Board

No

Can a hospital or nursing home operate a direct disposal establishment

$5

What is the amount of the fee imposed upon initial licensure and each renewal thereof to combat unlicensed activity

Embalmer apprentice, embalmer intern, funeral director intern, funeral director, funeral director & embalmer, direct disposer, monument establishment sales agent, preneed agent

Why types of license may only be issued to a natural person, that is may not be issued to a corporation or other business entity

Funeral establishment, centralized embalming facility, refrigeration facility, direct disposal establishment, monument establishment, cinerator facility, removal service, preneed sales business

What types of license may either a corporation or a natural person apply for

No

May a natural person apply for a cemetery license

No

Are licenses transferable if the business sells to another owner

10 years

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

Any relating to the industry, any felonies for the last 20 years, any misdemeanor for the last 5 years

What convictions must be disclosed to the Board during the application for licensure

Retirees in a state of emergency or active licensee in another jurisdiction

Who may apply for a limited license

No

May a person with a limited license engage in preneed sales

In a time of critical need

When can a limited licensee provide services

30 Days

If you have an address change, how long do you have to notify the Board

5

What is the maximum number of hours of continuing education a licensee may receive for attending a state board meeting?

Complaints log

What may be reviewed during an inspection

Yes

May a direct disposer engage in direct burial

Written or oral

What type of permission is required to take possession of a dead human body

As long as written permission is received within reasonable time

When is oral permission allowed for a licensee to take possession of a human body

Yes

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?

Least expensive

What casket must be displayed if caskets are displayed

No

May a cemetery require a family to come to the cemetery to sign papers if the purposes is to sell the family additional goods or services

At least 2

How many people must be serve on a probable cause panel

At least 1 present board member, one of the board's former of present consumer members

What is the composition of a probable cause panel

$5000

What is the maximum fine the board can impost for an administrative violation

Yes

If your license if suspended, must you complete continuing education hours

$10,000

What is the maximum fine for unlicensed activity

3rd degree felony

What is the crime committed if a person circulates unauthorized prelicensure examination information

3rd degree felony

What is the crime committed if a person knowingly gives false information in applying for licensure

2nd degree misdemeanor

What is the crime committed if a person willfully obstructs the department in investigations

3rd degree felony

What is the crime committed if a person fails to deposit trust funds required under chapter 497

2nd degree misdemeanor

What is the crime committed if a cemetery discriminates on the basis of race

No more than 3 hours of communicable disease

What is the educational requirement for operational personnell

Within 30 days of hire

When must the educational requirement be completed for operational personnel

1 year

Time requirement for funeral director internship

Provisional license is for an intern that has not taken the required examination and is good for 6 months

What is a provisional license

1 Year

Time requirement for embalmer internship

20th day of each month

When is the Bodies Handled Report due

No

Is it legal for your funeral home to give an honorarium to a nurse at a hospital it, after a death occurs, the ask the family to use your funeral establishment

2, I FDIC for each establishment

A certain funeral home has 2 funeral establishments. What is the minimum number of Funeral Directors this firm must employ

No, they can use a centralized embalming facility

Must a funeral establishment have an embalming room in the facility or on the premises?

Licensed funeral director

Who must obtain the vital statistical information for the death certificate at a Funeral Establishment

No

May a direct disposer who is working at a funeral establishment make arrangements for a direct cremation?

Yes

Can the owner of a funeral establishment be unlicensed

Yes

Can a funeral director arrange for an identification viewing at a funeral establishment?

Visitation at funeral home can also be a place to make arrangements, visitation chapel can only be used for visitation, direct disposal establishment cannot have a visitation

Compare a visitation at a funeral establishment, a visitation at a visitation chapel, and a visitation at a direct disposal establishment

Yes

Can a direct disposer make a removal for a funeral establishment

No one

Who can make arrangements at a Visitation Chapel

Funeral home name & FDIC

What information must be displayed at the front of a funeral home

No, each licensed person can only be in charge of one facility

A funeral establishment has a retort which is licensed as a cinerator facility. The funeral home owner is a funeral director in charge of the funeral establishment. May this owner also be the individual in charge of the cinerator facility?

Within 24 hours of death

If a person dies at Restin Peace Nursing Home at 2 am on October 2. By when must the funeral director / embalmer must embalm or refrigerate the body by?

No, only a funeral establishment may use a central embalming facility & if a body is embalmed it no longer qualifies under direct disposal

If a person dies at Restin Peace Nursing Home at 2 am on October 2. By when must the funeral director / embalmer must embalm or refrigerate the body by? 2 AM on October 3
20. If Federal Cremation Society, a direct disposal establishment, has a family that wants the deceased embalmed prior to cremation, may Federal contact a central embalming facility for the embalming? Why or why not?

Only if they have been co-located since July 1, 2000

Can a funeral establishment and a direct disposal establishment be located at the same street address?

No, this qualifies as arranging services

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

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

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

What temperature should a refrigeration unit be kept at?

Direct disposer or licensed funeral director

Who can be the full-time person in charge of a direct disposal establishment

Licensed direct disposer

Who may obtain the vital statistical information needed to complete a death certificate at a direct disposal establishment?

No

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

What duties can an FD conduct while working at a direct disposal establishment

No

Is it legal for a direct disposer to arrange a Memorial Service for the decedent 2 weeks after the death

Name of establishment and licensed person in charge

What information must be displayed at the front entrance of a direct disposal establishment

No

Can a funeral director working at a direct disposal establishment arrange for a visitation

18

Minimum age for an embalmer's license

Direct

Type of supervision provided to an embalming intern

Anyone who is licensed in another state

Who may receive a license by endorsement

Yes

Must a licensee by endorsement take a state law exam

General

What kind of supervision is required for a temporary licensee?

An approved facility (funeral home or central embalming facility)

What types of establishments may an embalming intern work at?

3 years, can be extended to 5

How long is the apprentice program

LFD

Who may set the time of a funeral service at an establishment

LFD

Who may negotiate the financial arrangements for a funeral

Anyone

Who may phone in an obituary for a funeral establshment

Associate in Science, graduate of an accredited mortuary science program

Educational requirements for an FD license

Approved training facility

Where can a person complete their FD internship

Displayed in the location where the licensee works

What must be done with a license issued by the board

Yes

May interns serve both the funeral directing and embalming internships at the same time

75

At what age can an FD stop taking CE

1250

Minimum square footage of a funeral establishment

In the same county as the funeral establishment

Where may a visitation chapel be established

Visitation

What functions can be performed at a visitation chapel

Yes

Can a fetus who is only 12 weeks gestation be cremated even if there is no DC or BTP

No

Must an FD be present if disinterment and reinterment is in the same cemetery

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