FLORIDA FUNERAL LAW EXAM 2026 EXAM
QUESTIONS AND ANSWERS.
1. A funeral director receives a preneed contract signed by a consumer who paid $5,000 in cash.
The contract includes a provision that the funds will be placed in a trust account with the funeral
director as trustee. Under Florida law, which of the following actions is REQUIRED regarding this
trust arrangement?
A. The trust must be irrevocable and name the funeral home as beneficiary.
B. The trustee must be a licensed funeral director or embalmer.
C. The trust must be established with a Florida-licensed financial institution and the consumer must be notified
of the trust account number.
D. The funeral director may commingle trust funds with operating accounts as long as separate records are kept.
Answer: C
Rationale: Florida law requires preneed trust funds to be deposited in a Florida-licensed financial
institution, and the consumer must be provided with the trust account number. The trust must be
revocable by the consumer, and the funeral director cannot be the trustee. Commingling is prohibited.
2. A funeral establishment receives a body for cremation. The decedent's spouse signs the
cremation authorization form, but a separate document from the decedent's adult child (who is not
the spouse) objects to cremation, claiming the decedent had expressed a desire to be buried. The
funeral director is aware of a valid preneed cremation contract signed by the decedent. Under
Florida law, which of the following governs the right to control disposition?
A. The surviving spouse has absolute priority over all other individuals.
B. The adult child's objection, if in writing, supersedes the spouse's authorization.
C. The preneed contract signed by the decedent controls, regardless of objections.
D. The funeral director must obtain a court order to proceed with cremation.
Answer: C
Rationale: Florida law gives priority to the decedent's written instructions regarding disposition,
including a preneed contract. The spouse's authorization is secondary to the decedent's expressed
wishes. An objection from a child does not override the decedent's intent. A court order is not required if
the decedent's instructions are clear.
3. A funeral director is disciplined by the Florida Board for failing to provide a timely death
certificate to the local registrar. The director argues that the delay was due to the attending
physician's failure to complete the medical certification portion. Under Florida Administrative
Code, which of the following is accurate regarding liability for late filing?
A. The funeral director is not liable if the delay is caused by a physician's failure to complete the certificate.
B. The funeral director is strictly liable for filing within 72 hours regardless of third-party delays.
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,C. The funeral director must notify the Board in writing within 24 hours of any anticipated delay to avoid
liability.
D. The attending physician bears sole responsibility for the death certificate, not the funeral director.
Answer: A
Rationale: Florida law requires the funeral director to file the death certificate within 72 hours, but if the
delay is due to the physician's failure to complete the medical certification, the funeral director is not
held liable. The physician is separately responsible for their part. The funeral director should document
the attempt to obtain the certification.
4. A funeral home contracts with a third-party crematory that is not licensed in Florida. The
funeral home transports remains to this crematory located in a neighboring state. Under Florida
law, which of the following statements is correct?
A. The funeral home may use any crematory as long as it is licensed in its home state.
B. The funeral home must ensure the crematory meets Florida's licensing standards, regardless of its location.
C. The funeral home is prohibited from using out-of-state crematories under any circumstances.
D. The funeral home must obtain a special permit from the Florida Board for each out-of-state cremation.
Answer: B
Rationale: Florida law requires that any crematory used by a Florida-licensed funeral establishment
must meet Florida's licensing and operational standards, even if located out of state. The funeral home
is responsible for verifying compliance. There is no outright prohibition, but the crematory must be
equivalent to a Florida-licensed facility.
5. A funeral director receives a request from a family to embalm a decedent who died of a highly
infectious disease (Category A pathogen). The funeral director knows that standard embalming
poses a significant health risk. Under Florida law and OSHA standards, which of the following is
the most appropriate course of action?
A. Proceed with embalming using universal precautions and a chemical solution with higher formaldehyde
concentration.
B. Refuse to embalm and offer immediate cremation or a closed-casket funeral without embalming.
C. Require the family to sign a waiver releasing the funeral home from liability for any infection.
D. Contact the Florida Department of Health for a special embalming protocol before proceeding.
Answer: B
Rationale: Florida law does not mandate embalming, and OSHA standards permit refusal to embalm
when there is a significant risk of exposure to a Category A pathogen. The funeral director may decline
to embalm and offer alternative arrangements. Waivers do not absolve the employer of OSHA
obligations. The Department of Health may provide guidance but does not issue specific embalming
protocols.
6. A funeral home is cited for violating the Florida Funeral Rule by failing to provide a written
general price list (GPL) to a consumer who visited the establishment in person. The funeral home
owner argues that the consumer only asked about cremation prices and did not request a full GPL.
Under the FTC Funeral Rule and Florida law, which of the following is true?
A. The funeral home must provide a GPL only if the consumer requests it in writing.
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,B. The funeral home must provide a GPL to any consumer who inquires in person about funeral goods or
services, regardless of the scope of the inquiry.
C. The funeral home may provide a simplified price list for cremation services instead of the full GPL.
D. The funeral home is exempt from providing a GPL if the consumer is only interested in cremation.
Answer: B
Rationale: The FTC Funeral Rule requires funeral homes to provide a written GPL to consumers who
inquire in person about funeral goods or services, including those asking only about cremation. The
GPL must cover all items offered. A simplified list is not sufficient. The rule applies regardless of the
consumer's specific interest.
7. A licensed funeral director allows an unlicensed apprentice to perform embalming
independently without supervision. The apprentice has completed all required coursework but has
not yet passed the national board exam. Under Florida law, which of the following is the most
serious potential consequence for the funeral director?
A. A written reprimand from the Board.
B. Suspension or revocation of the funeral director's license.
C. A fine of up to $500 per violation.
D. Mandatory continuing education on supervision requirements.
Answer: B
Rationale: Florida law considers allowing an unlicensed person to practice funeral directing or
embalming as grounds for disciplinary action, including license suspension or revocation. While fines
may also apply, the most serious consequence is loss of license. A reprimand or CE is insufficient for
such a violation.
8. A funeral home is sold to a new owner. The previous owner had preneed contracts with
consumers where funds were placed in a trust. Under Florida law, what must happen to the trust
funds upon the sale of the funeral home?
A. The trust funds must be returned to the consumers unless they consent to the transfer.
B. The trust funds automatically transfer to the new owner as part of the business sale.
C. The trust funds must be transferred to a new trustee approved by the Board.
D. The previous owner must maintain the trust and continue to service the contracts.
Answer: A
Rationale: Florida law requires that preneed trust funds be returned to the consumer if the funeral home
is sold, unless the consumer consents to the transfer of the contract to the new owner. Automatic transfer
is not allowed. The previous owner cannot retain the funds without servicing the contracts.
9. A funeral director is asked by a family to refrigerate a body for 10 days pending arrival of
out-of-state relatives. The funeral home's refrigeration unit is not designed for long-term storage
and may not maintain proper temperature. Under Florida law and public health regulations,
which of the following is the funeral director's best course of action?
A. Proceed with refrigeration and monitor temperature daily.
B. Advise the family that refrigeration is only permitted for up to 48 hours without embalming.
C. Refuse the request and require embalming or immediate disposition.
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, D. Obtain a court order for extended refrigeration.
Answer: B
Rationale: Florida law generally requires that unembalmed remains be buried or cremated within 48
hours unless refrigerated. However, refrigeration is not a substitute for embalming for extended periods;
public health regulations limit refrigeration to 48 hours without embalming. The funeral director should
advise the family accordingly and discuss alternatives.
10. A consumer signs a preneed contract for funeral services valued at $10,000. The contract states
that the funds will be placed in an insurance policy naming the funeral home as beneficiary. The
consumer later cancels the contract and requests a refund. Under Florida law, what is the
maximum amount the funeral home may retain as a cancellation fee?
A. 15% of the contract price.
B. $500 or 10% of the contract price, whichever is less.
C. The funeral home may retain the entire amount if the contract is irrevocable.
D. No cancellation fee is permitted; the full amount must be refunded.
Answer: B
Rationale: Florida law allows a cancellation fee of up to $500 or 10% of the contract price, whichever is
less, for preneed contracts funded by insurance. The fee must be clearly disclosed in the contract.
Retaining the entire amount is prohibited unless the contract is irrevocable, but even then, cancellation
rights may apply.
11. A funeral director in Florida receives a preneed contract that specifies a fixed price for funeral
services and merchandise, with the funds deposited into a trust account. The contract includes a
clause that allows the funeral director to retain any interest earned on the trust as compensation.
Which of the following best describes the legal status of this interest retention clause under Florida
law?
A. Permitted if the contract explicitly discloses the retention and the consumer signs an acknowledgment
B. Prohibited because all interest must accrue to the benefit of the contract beneficiary
C. Permitted only if the trust is irrevocable and the interest is used to offset future price increases
D. Prohibited unless the funeral director obtains a separate license as a trustee
Answer: B
Rationale: Under Florida law (Chapter 497, F.S.), preneed contracts funded through trusts require that
all interest or income earned on trust funds must benefit the contract beneficiary, not the funeral
director. The director may only receive the principal and any earnings if the contract is canceled or the
beneficiary fails to claim services. Disclosure does not override this statutory prohibition, making
Option B correct. Options A, C, and D are incorrect because they suggest exceptions that do not exist in
Florida law.
12. A licensed funeral director in Florida is asked by a family to perform a direct cremation
without embalming. The decedent died of a communicable disease. The funeral director is
concerned about potential liability. Which of the following is the most accurate statement
regarding the funeral director's obligations under Florida law?
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QUESTIONS AND ANSWERS.
1. A funeral director receives a preneed contract signed by a consumer who paid $5,000 in cash.
The contract includes a provision that the funds will be placed in a trust account with the funeral
director as trustee. Under Florida law, which of the following actions is REQUIRED regarding this
trust arrangement?
A. The trust must be irrevocable and name the funeral home as beneficiary.
B. The trustee must be a licensed funeral director or embalmer.
C. The trust must be established with a Florida-licensed financial institution and the consumer must be notified
of the trust account number.
D. The funeral director may commingle trust funds with operating accounts as long as separate records are kept.
Answer: C
Rationale: Florida law requires preneed trust funds to be deposited in a Florida-licensed financial
institution, and the consumer must be provided with the trust account number. The trust must be
revocable by the consumer, and the funeral director cannot be the trustee. Commingling is prohibited.
2. A funeral establishment receives a body for cremation. The decedent's spouse signs the
cremation authorization form, but a separate document from the decedent's adult child (who is not
the spouse) objects to cremation, claiming the decedent had expressed a desire to be buried. The
funeral director is aware of a valid preneed cremation contract signed by the decedent. Under
Florida law, which of the following governs the right to control disposition?
A. The surviving spouse has absolute priority over all other individuals.
B. The adult child's objection, if in writing, supersedes the spouse's authorization.
C. The preneed contract signed by the decedent controls, regardless of objections.
D. The funeral director must obtain a court order to proceed with cremation.
Answer: C
Rationale: Florida law gives priority to the decedent's written instructions regarding disposition,
including a preneed contract. The spouse's authorization is secondary to the decedent's expressed
wishes. An objection from a child does not override the decedent's intent. A court order is not required if
the decedent's instructions are clear.
3. A funeral director is disciplined by the Florida Board for failing to provide a timely death
certificate to the local registrar. The director argues that the delay was due to the attending
physician's failure to complete the medical certification portion. Under Florida Administrative
Code, which of the following is accurate regarding liability for late filing?
A. The funeral director is not liable if the delay is caused by a physician's failure to complete the certificate.
B. The funeral director is strictly liable for filing within 72 hours regardless of third-party delays.
Page 1
,C. The funeral director must notify the Board in writing within 24 hours of any anticipated delay to avoid
liability.
D. The attending physician bears sole responsibility for the death certificate, not the funeral director.
Answer: A
Rationale: Florida law requires the funeral director to file the death certificate within 72 hours, but if the
delay is due to the physician's failure to complete the medical certification, the funeral director is not
held liable. The physician is separately responsible for their part. The funeral director should document
the attempt to obtain the certification.
4. A funeral home contracts with a third-party crematory that is not licensed in Florida. The
funeral home transports remains to this crematory located in a neighboring state. Under Florida
law, which of the following statements is correct?
A. The funeral home may use any crematory as long as it is licensed in its home state.
B. The funeral home must ensure the crematory meets Florida's licensing standards, regardless of its location.
C. The funeral home is prohibited from using out-of-state crematories under any circumstances.
D. The funeral home must obtain a special permit from the Florida Board for each out-of-state cremation.
Answer: B
Rationale: Florida law requires that any crematory used by a Florida-licensed funeral establishment
must meet Florida's licensing and operational standards, even if located out of state. The funeral home
is responsible for verifying compliance. There is no outright prohibition, but the crematory must be
equivalent to a Florida-licensed facility.
5. A funeral director receives a request from a family to embalm a decedent who died of a highly
infectious disease (Category A pathogen). The funeral director knows that standard embalming
poses a significant health risk. Under Florida law and OSHA standards, which of the following is
the most appropriate course of action?
A. Proceed with embalming using universal precautions and a chemical solution with higher formaldehyde
concentration.
B. Refuse to embalm and offer immediate cremation or a closed-casket funeral without embalming.
C. Require the family to sign a waiver releasing the funeral home from liability for any infection.
D. Contact the Florida Department of Health for a special embalming protocol before proceeding.
Answer: B
Rationale: Florida law does not mandate embalming, and OSHA standards permit refusal to embalm
when there is a significant risk of exposure to a Category A pathogen. The funeral director may decline
to embalm and offer alternative arrangements. Waivers do not absolve the employer of OSHA
obligations. The Department of Health may provide guidance but does not issue specific embalming
protocols.
6. A funeral home is cited for violating the Florida Funeral Rule by failing to provide a written
general price list (GPL) to a consumer who visited the establishment in person. The funeral home
owner argues that the consumer only asked about cremation prices and did not request a full GPL.
Under the FTC Funeral Rule and Florida law, which of the following is true?
A. The funeral home must provide a GPL only if the consumer requests it in writing.
Page 2
,B. The funeral home must provide a GPL to any consumer who inquires in person about funeral goods or
services, regardless of the scope of the inquiry.
C. The funeral home may provide a simplified price list for cremation services instead of the full GPL.
D. The funeral home is exempt from providing a GPL if the consumer is only interested in cremation.
Answer: B
Rationale: The FTC Funeral Rule requires funeral homes to provide a written GPL to consumers who
inquire in person about funeral goods or services, including those asking only about cremation. The
GPL must cover all items offered. A simplified list is not sufficient. The rule applies regardless of the
consumer's specific interest.
7. A licensed funeral director allows an unlicensed apprentice to perform embalming
independently without supervision. The apprentice has completed all required coursework but has
not yet passed the national board exam. Under Florida law, which of the following is the most
serious potential consequence for the funeral director?
A. A written reprimand from the Board.
B. Suspension or revocation of the funeral director's license.
C. A fine of up to $500 per violation.
D. Mandatory continuing education on supervision requirements.
Answer: B
Rationale: Florida law considers allowing an unlicensed person to practice funeral directing or
embalming as grounds for disciplinary action, including license suspension or revocation. While fines
may also apply, the most serious consequence is loss of license. A reprimand or CE is insufficient for
such a violation.
8. A funeral home is sold to a new owner. The previous owner had preneed contracts with
consumers where funds were placed in a trust. Under Florida law, what must happen to the trust
funds upon the sale of the funeral home?
A. The trust funds must be returned to the consumers unless they consent to the transfer.
B. The trust funds automatically transfer to the new owner as part of the business sale.
C. The trust funds must be transferred to a new trustee approved by the Board.
D. The previous owner must maintain the trust and continue to service the contracts.
Answer: A
Rationale: Florida law requires that preneed trust funds be returned to the consumer if the funeral home
is sold, unless the consumer consents to the transfer of the contract to the new owner. Automatic transfer
is not allowed. The previous owner cannot retain the funds without servicing the contracts.
9. A funeral director is asked by a family to refrigerate a body for 10 days pending arrival of
out-of-state relatives. The funeral home's refrigeration unit is not designed for long-term storage
and may not maintain proper temperature. Under Florida law and public health regulations,
which of the following is the funeral director's best course of action?
A. Proceed with refrigeration and monitor temperature daily.
B. Advise the family that refrigeration is only permitted for up to 48 hours without embalming.
C. Refuse the request and require embalming or immediate disposition.
Page 3
, D. Obtain a court order for extended refrigeration.
Answer: B
Rationale: Florida law generally requires that unembalmed remains be buried or cremated within 48
hours unless refrigerated. However, refrigeration is not a substitute for embalming for extended periods;
public health regulations limit refrigeration to 48 hours without embalming. The funeral director should
advise the family accordingly and discuss alternatives.
10. A consumer signs a preneed contract for funeral services valued at $10,000. The contract states
that the funds will be placed in an insurance policy naming the funeral home as beneficiary. The
consumer later cancels the contract and requests a refund. Under Florida law, what is the
maximum amount the funeral home may retain as a cancellation fee?
A. 15% of the contract price.
B. $500 or 10% of the contract price, whichever is less.
C. The funeral home may retain the entire amount if the contract is irrevocable.
D. No cancellation fee is permitted; the full amount must be refunded.
Answer: B
Rationale: Florida law allows a cancellation fee of up to $500 or 10% of the contract price, whichever is
less, for preneed contracts funded by insurance. The fee must be clearly disclosed in the contract.
Retaining the entire amount is prohibited unless the contract is irrevocable, but even then, cancellation
rights may apply.
11. A funeral director in Florida receives a preneed contract that specifies a fixed price for funeral
services and merchandise, with the funds deposited into a trust account. The contract includes a
clause that allows the funeral director to retain any interest earned on the trust as compensation.
Which of the following best describes the legal status of this interest retention clause under Florida
law?
A. Permitted if the contract explicitly discloses the retention and the consumer signs an acknowledgment
B. Prohibited because all interest must accrue to the benefit of the contract beneficiary
C. Permitted only if the trust is irrevocable and the interest is used to offset future price increases
D. Prohibited unless the funeral director obtains a separate license as a trustee
Answer: B
Rationale: Under Florida law (Chapter 497, F.S.), preneed contracts funded through trusts require that
all interest or income earned on trust funds must benefit the contract beneficiary, not the funeral
director. The director may only receive the principal and any earnings if the contract is canceled or the
beneficiary fails to claim services. Disclosure does not override this statutory prohibition, making
Option B correct. Options A, C, and D are incorrect because they suggest exceptions that do not exist in
Florida law.
12. A licensed funeral director in Florida is asked by a family to perform a direct cremation
without embalming. The decedent died of a communicable disease. The funeral director is
concerned about potential liability. Which of the following is the most accurate statement
regarding the funeral director's obligations under Florida law?
Page 4
