Bill Text: FL H0305 | 2010 | Regular Session | Comm Sub

---

Bill Title: Disposition of Human Remains

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Military & Local Affairs Policy (EDCA), companion bill(s) passed, see CS/CS/SB 1152 (Ch. 2010-125) [H0305 Detail]

Download: Florida-2010-H0305-Comm_Sub.html

---

CS/HB 305

1	A bill to be entitled
2	An act relating to the disposition of human remains;
3	amending s. 497.005, F.S.; revising the term "legally
4	authorized person" for purposes of the Florida Funeral,
5	Cemetery, and Consumer Services Act; providing an
6	effective date.
7
8	Be It Enacted by the Legislature of the State of Florida:
9
10	Section 1. Subsection (37) of section 497.005, Florida
11	Statutes, is amended to read:
12	497.005 Definitions.-As used in this chapter:
13	(37) "Legally authorized person" means, in the priority
14	listed:,
15	(a) The decedent, when written inter vivos authorizations
16	and directions are provided by the decedent;
17	(b) The person designated by the decedent as authorized to
18	direct disposition pursuant to Pub. L. No. 109-163, s. 564, as
19	listed on the decedent's United States Department of Defense
20	Record of Emergency Data, DD Form 93, or its successor form, if
21	the decedent died while serving military service as described in
22	10 U.S.C. s. 1481(a)(1)-(8) in any branch of the United States
23	Armed Forces, United States Reserve Forces, or National Guard;
24	(c) The surviving spouse, unless the spouse has been
25	arrested for committing against the deceased an act of domestic
26	violence as defined in s. 741.28 that resulted in or contributed
27	to the death of the deceased;
28	(d) A son or daughter who is 18 years of age or older;
29	(e) A parent;
30	(f) A brother or sister who is 18 years of age or older;
31	(g) A grandchild who is 18 years of age or older;
32	(h) A grandparent; or
33	(i) Any person in the next degree of kinship.
34
35	In addition, the term may include, if no family member exists or
36	is available, the guardian of the dead person at the time of
37	death; the personal representative of the deceased; the attorney
38	in fact of the dead person at the time of death; the health
39	surrogate of the dead person at the time of death; a public
40	health officer; the medical examiner, county commission, or
41	administrator acting under part II of chapter 406 or other
42	public administrator; a representative of a nursing home or
43	other health care institution in charge of final disposition; or
44	a friend or other person not listed in this subsection who is
45	willing to assume the responsibility as the legally authorized
46	person. Where there is a person in any priority class listed in
47	this subsection, the funeral establishment shall rely upon the
48	authorization of any one legally authorized person of that class
49	if that person represents that she or he is not aware of any
50	objection to the cremation of the deceased's human remains by
51	others in the same class of the person making the representation
52	or of any person in a higher priority class.
53	Section 2. This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.