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Page A10 SEPTEMBER 2017 FUNERAL HOME & CEMETERY NEWS S ec t i on A
By Atty. Harvey I. Lapin
Legal
Speak
Harvey I. Lapin, P.C., is a member of the Illinois Bar and Florida Bar. He
is a member of the faculty at the John Marshall Law School in Chicago
and is presently teaching the subject of Tax Exempt Organizations. He is
also associated with Florida-based law firm Sachs, Sax & Caplan, leading
the firm’s Funeral, Cemetery and Cremation Practice Group.
He has written numerous articles on the subject of taxation, funeral
and cemetery law.
The subject discussed in this article and future articles resulted from
the questions from readers. The author is licensed to practice law in
Illinois, Florida and Wisconsin. He has been involved with legal mat-
ters related to the industry in almost every state and can be reached by
phone at 847-334-1983 or by email at .
Funeral Home & Cemetery News
Contributors share insights and
exchange ideas. B
Funeral
Processions Still a Problem
Accidents involving funeral processions are still a
problem for members of the industry. Unfortunately,
everyone is in a hurry and being slowed up by a fu-
neral procession can result in anger that can cause an
accident between a car in the procession and another
car. The purpose of this article is to provide industry
members with some guidelines to avoid problems.
The first guideline is to be familiar with all of the le-
gal requirements for funeral processions in the state or
states where your business operates. Education is the
primary tool to prevent a law violation and also for
avoiding situations that could cause litigation.
Unfortunately and surprisingly, the law in the 50
states is not uniform. Some states have no laws. Oth-
ers cover the subject in a reasonable manner.
Florida law, for example defines a funeral procession
as: two or more vehicles accompanying the body of
a dead person in the daytime when all vehicles have
their headlights lit. The lead vehicle, if not a law en-
forcement vehicle, must have a flashing amber light. The
law requires all pedestrians and vehicles, except emergen-
cy vehicles, to yield right-of-way to the procession. If the
lead vehicle enters an intersection legally, the other vehi-
cles may follow it regardless of a changing traffic signal,
stop sign, or yield sign provided they exercise due care
to prevent collisions. Other drivers are prohibited from
driving between vehicles in the procession, if their head-
lights are on, unless directed by a police officer. Fla. Stat.
§ 316.1974
The second guideline is to continually monitor your op-
eration. Employees that have not been properly trained
about the legal requirements for funeral processions cause
many of the mistakes that lead to litigation. An owner
should constantly monitor employees, make sure they
know the legal requirements in the state and establish
training procedures. Establish a definite location for the
cars in the procession to lineup after the service. Make
sure there are enough employees to set up the procession
and keep it under control.
The third guideline is to develop forms that protect
your business. Have instructions for participating, an ex-
planation of the traffic rules, and if possible a waiver, gen-
eral release and hold harmless form in favor of the funer-
al home. Make sure each car is properly identified with
whatever is required by state law or good business prac-
tice.
The fourth guideline is to have the proper insurance
coverage. The insurance topic has been discussed in pre-
vious columns.
The fifth guideline is to be ready for mistakes. A few
years ago a policeman stopped that last car in a funeral
procession for going through a red light. The state law
provided that if the lead car legally entered the intersec-
tion, the rest of the cars in the procession could follow.
The policeman did not know the law and gave the
driver a ticket even though the car was properly iden-
tified. Unfortunately the family members missed the
services at the cemetery. The author believes that a fu-
neral home employee should have been at the end of
the procession with a copy of the law to possibly pre-
vent the policeman from taking adverse action.
This article is for the information of subscribers and
does not constitute legal advice about this subject. All
subscribers should accordingly consult with their own at-
torney to make sure they are in compliance with the laws
in their state.
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SIMPLICITY: Low Country Cremation
and Burial Services Opens Second
Location
Funeral Director Trey Knight marries
in Nashville
NASHVILLE,TN— Trey and
Ciciley Knight were married
June 9, 2017 in the Sunken
Gardens at Centennial Park
in Nashville, TN. Their chil-
dren, Josh and Kayla served
as Best Man and Maid of
Honor, respectively.
Trey is a 1990 graduate of
Simmons Institute of Mortu-
ary Science, in Syracuse, NY
and a funeral director/em-
balmer at the Phillips-Rob-
inson Funeral Home in
Nashville, where he is also
the Prep RoomManager.
Ciciley is a free-lance make-up artist and
a pre-school teacher at the Murfreesboro
Day School in Murfreesboro, TN.
The owner of the funeral home, who is
also a General Sessions Judge, Honorable
Gale Robinson officiated their wedding.
S UMME RV I L L E , S C—
SIMPLICITY: Lowcoun-
try Cremation and Burial
Services Inc has announced
the opening of a second lo-
cation in the Summerville
area. This new operation
joins the original location
on Peppermill Parkway in
North Charleston in serv-
ing the families of the Low-
country.
“When I started SIM-
PLICITY five years ago, my
intent was to provide the
people of Charleston with
the highest level of care and
service at the lowest possi-
ble price,” commented Jim
Dobbins, general man-
ager. “My staff and I view
our role as advocates for the
family; whether the family
chooses a simple, direct cre-
mation or a full, traditional
burial.”
SIMPLICITY opened
its doors in March 2012
with the goal of offering a
range of cost-effective fu-
neral services. Since its in-
ception, SIMPLICITY has
provided families with a
price guarantee for funeral
costs. This guarantee helps
solidify their promise to
respect and care for each
family while offering val-
ue-priced funeral and me-
morialization solutions.
“We have situated our
new location near the cen-
ter of three of the fast-
est growing counties in South Carolina,”
commented Dobbins. “Since opening our
first location, we noticed that in addition
to the large number of families we were
already serving from Charleston County,
there was a growing demand from fami-
lies in Berkeley and Dorchester Counties
as well. This new facility is convenient to
families in all three.”
Like the original location, the new op-
eration at 281 Treeland Drive in Ladson
offers traditional burials as well as crema-
tions. The facility features family-friendly
arrangement suites as well as a comfort-
able and inviting café. For more informa-
tion, visit the SIMPLICITY: Lowcountry
Cremation and Burial Services website at
The chapel in the SIMPLICITY facility features a wide projection
screen, for use with FPG’s proprietary ShareLife® multi-sensory
technology platform.
The new SIMPLICITY location is situated in the midst of three of
the fastest growing counties in South Carolina.
The foyer and waiting area of the SIMPLICITY facility provide a
welcoming atmosphere for all who enter.