Florida Funeral Law
All cemeteries must abide by these rules except for:
1 of 2 - ANSWER: Religious cemeteries with less then 5 acres & only single depth spaces, County & Municipal
cemeteries, community & nonprofit associations with only single level spaces & do not sell burial space or
merchandise
All cemeteries must abide by these rules except for:
2 of 2 - ANSWER: Columbarium of less then 1/2 acre owned by a religious group and subject to local govt
zoning, family cemeteries that do not sell merchandise, mausoleum consisting of 2 acres or less and owned by
a religious group
What investigations and mediation procedures do an exempted cemetery must submit to if a consumer
complains: - ANSWER: 1.) make every effort to resolve the complaint
2.) if not resolved the cemetery must advise of the right to seek investigation & mediation
3.) If the department gets a complainant they shall try to resolve by phone with both parties
4.) if not resolved the department must conduct an investigation & mediate the complaint
5.) if department investigates charge $300 for services
6.) if not resolved a fine can be issued
Can a cemetery deny space because of race, creed, marital status, sex, national origin, or color? - ANSWER: No
Can the license authority define classes of cemeteries? - ANSWER: Yes, they can be defined based off of size of
cemetery (ex: a large cemetery w/ no trees vs. a small cemetery w/ lots of trees)
What is the application process for applying for a cemetery? - ANSWER: they must fill out the application,
applicant must be a business, application must have name, place of business, date of formation, & tax number
or business, sketches and audit concerning the partners, all names the business will operate under, location of
cemetery, 30 contiguous acres, $50,000 in care & mentiance, maps & surveys of proposed cemetery, must
never had a license taken away, fingerprinted,
, Can the license of the cemetery be sold, assignable, or transferable? - ANSWER: No, any person or company
that wishes to purchases a cemetery shall first apply to the license authority to obtain approval
How can a person withdraw or transfer any assets within the care & maintenance trust fund? - ANSWER: By
first obtaining written consent from the licensing authority
What are the two withdrawal methods from the care and Maintenance trust fund: - ANSWER: 1.) Net income
withdrawal - net income to be withdrawn from the trust as earned monthly
2.) Total return method- licensee shall multiply the average market value by the total % and withdraw 1/4th
When should the funds be deposited into the care and Maintenance trust fund? - ANSWER: 30 days following
the close of the calendar month in which payment was received
What happens to payments that have been made on contracts that have been canceled to the care and
Maintenance trust fund ? - ANSWER: provided that they have been refunded to the purchasers, a credit will be
given against future obligations
What % of payments should be made to the care and Maintenance trust fund?
What is the minimum payment to be deposited. - ANSWER: 10%
Minimum $25.00
Each year when should the trustee furnish adduces financial reports? - ANSWER: On or before April 1
What should the map of the proposed cemetery show? - ANSWER: 1. the number of grave spaces available for
sale
2. the location of each grave space
3. the number of designations assigned to each grave space
4. the dimensions of of standard adult grave space
Records should be kept for every burial in the cemetery. What information needs to be kept? - ANSWER: 1.
date of burial
All cemeteries must abide by these rules except for:
1 of 2 - ANSWER: Religious cemeteries with less then 5 acres & only single depth spaces, County & Municipal
cemeteries, community & nonprofit associations with only single level spaces & do not sell burial space or
merchandise
All cemeteries must abide by these rules except for:
2 of 2 - ANSWER: Columbarium of less then 1/2 acre owned by a religious group and subject to local govt
zoning, family cemeteries that do not sell merchandise, mausoleum consisting of 2 acres or less and owned by
a religious group
What investigations and mediation procedures do an exempted cemetery must submit to if a consumer
complains: - ANSWER: 1.) make every effort to resolve the complaint
2.) if not resolved the cemetery must advise of the right to seek investigation & mediation
3.) If the department gets a complainant they shall try to resolve by phone with both parties
4.) if not resolved the department must conduct an investigation & mediate the complaint
5.) if department investigates charge $300 for services
6.) if not resolved a fine can be issued
Can a cemetery deny space because of race, creed, marital status, sex, national origin, or color? - ANSWER: No
Can the license authority define classes of cemeteries? - ANSWER: Yes, they can be defined based off of size of
cemetery (ex: a large cemetery w/ no trees vs. a small cemetery w/ lots of trees)
What is the application process for applying for a cemetery? - ANSWER: they must fill out the application,
applicant must be a business, application must have name, place of business, date of formation, & tax number
or business, sketches and audit concerning the partners, all names the business will operate under, location of
cemetery, 30 contiguous acres, $50,000 in care & mentiance, maps & surveys of proposed cemetery, must
never had a license taken away, fingerprinted,
, Can the license of the cemetery be sold, assignable, or transferable? - ANSWER: No, any person or company
that wishes to purchases a cemetery shall first apply to the license authority to obtain approval
How can a person withdraw or transfer any assets within the care & maintenance trust fund? - ANSWER: By
first obtaining written consent from the licensing authority
What are the two withdrawal methods from the care and Maintenance trust fund: - ANSWER: 1.) Net income
withdrawal - net income to be withdrawn from the trust as earned monthly
2.) Total return method- licensee shall multiply the average market value by the total % and withdraw 1/4th
When should the funds be deposited into the care and Maintenance trust fund? - ANSWER: 30 days following
the close of the calendar month in which payment was received
What happens to payments that have been made on contracts that have been canceled to the care and
Maintenance trust fund ? - ANSWER: provided that they have been refunded to the purchasers, a credit will be
given against future obligations
What % of payments should be made to the care and Maintenance trust fund?
What is the minimum payment to be deposited. - ANSWER: 10%
Minimum $25.00
Each year when should the trustee furnish adduces financial reports? - ANSWER: On or before April 1
What should the map of the proposed cemetery show? - ANSWER: 1. the number of grave spaces available for
sale
2. the location of each grave space
3. the number of designations assigned to each grave space
4. the dimensions of of standard adult grave space
Records should be kept for every burial in the cemetery. What information needs to be kept? - ANSWER: 1.
date of burial
