Bill Text: FL H0915 | 2011 | Regular Session | Introduced
Bill Title: Disposition of Human Remains
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0915 Detail]
Download: Florida-2011-H0915-Introduced.html
HB 915 |
1 | |
2 | An act relating to disposition of human remains; creating |
3 | pt. VII of ch. 497, F.S., consisting of ss. 497.701, |
4 | 497.703, 497.705, 497.707, 497.709, 497.711, 497.713, |
5 | 497.715, 497.717, 497.719, and 497.721, F.S.; amending s. |
6 | 497.005, F.S.; defining terms relating to the disposition |
7 | of human remains; transferring, renumbering, and amending |
8 | ss. 406.50, 406.51, 406.52, 406.53, 406.55, 406.56, |
9 | 406.57, 406.58, 406.59, 406.60, and 406.61, F.S.; revising |
10 | procedures for the reporting and disposition of unclaimed |
11 | remains; prohibiting certain uses or dispositions of the |
12 | remains of deceased persons whose identities are not |
13 | known; requiring that local governmental contracts for the |
14 | final disposition of unclaimed remains comply with certain |
15 | federal regulations; conforming provisions to changes in |
16 | terminology; conforming a cross-reference; revising |
17 | procedures for the anatomical board's retention of human |
18 | remains before their use; providing for claims by, and the |
19 | release of human remains to, legally authorized persons |
20 | after payment of certain expenses; authorizing county |
21 | ordinances or resolutions for the final disposition of the |
22 | unclaimed remains of indigent persons; limiting the |
23 | liability of certain licensed persons for cremating or |
24 | burying human remains under certain circumstances; |
25 | revising exceptions from requirements for notice to the |
26 | anatomical board of the death of indigent persons; |
27 | deleting a requirement that the Department of Health |
28 | assess fees for the burial of certain bodies; conforming |
29 | provisions to changes in terminology; conforming |
30 | terminology of provisions prohibiting the selling or |
31 | buying of human remains or the transmitting or conveying |
32 | of such remains outside the state; providing penalties; |
33 | conforming terminology relating to procedures for the |
34 | conveyance of plastinated human remains into or out of the |
35 | state; repealing s. 406.54, F.S., relating to claims of |
36 | bodies after delivery to the anatomical board; providing |
37 | an effective date. |
38 | |
39 | Be It Enacted by the Legislature of the State of Florida: |
40 | |
41 | Section 1. Part VII of chapter 497, Florida Statutes, |
42 | consisting of sections 497.701, 497.703, 497.705, 497.707, |
43 | 497.709, 497.711, 497.713, 497.715, 497.717, 497.719, and |
44 | 497.721, is created and entitled "UNCLAIMED HUMAN REMAINS; |
45 | ANATOMICAL BOARD." |
46 | Section 2. Section 497.005, Florida Statutes, is amended |
47 | to read: |
48 | 497.005 Definitions.-As used in this chapter, the term: |
49 | (1) "Alternative container" means an unfinished wood box |
50 | or other nonmetal receptacle or enclosure, without ornamentation |
51 | or a fixed interior lining, that is designed for the encasement |
52 | of human remains and that is made of fiberboard, pressed wood, |
53 | composition materials (with or without an outside covering), or |
54 | like materials. |
55 | (2) "Anatomical board" means the anatomical board of the |
56 | state headquartered at the University of Florida Health Science |
57 | Center. |
58 | (3) |
59 | by a licensee or her or his agent for the purpose of the sale of |
60 | burial services or merchandise to the family or next of kin of a |
61 | person after her or his death has occurred. |
62 | (4) |
63 | unit of belowground crypts that is acceptable to the department |
64 | and that a cemetery uses to initiate its belowground crypt |
65 | program or to add to existing belowground crypt structures. |
66 | (5) |
67 | preplaced chambers, either side by side or multiple depth, |
68 | covered by earth and sod and known also as "lawn crypts," |
69 | "westminsters," or "turf-top crypts." |
70 | (6) |
71 | Consumer Services. |
72 | (7) |
73 | "merchandise" means any personal property offered or sold by any |
74 | person for use in connection with the final disposition, |
75 | memorialization, interment, entombment, or inurnment of human |
76 | remains or cremated remains, including, but not limited to, |
77 | caskets, outer burial containers, alternative containers, |
78 | cremation containers, cremation interment containers, urns, |
79 | monuments, private mausoleums, flowers, benches, vases, |
80 | acknowledgment cards, register books, memory folders, prayer |
81 | cards, and clothing. |
82 | (8) |
83 | space, mausoleum, columbarium, ossuary, or scattering garden for |
84 | the interment, entombment, inurnment, or other disposition of |
85 | human remains or cremated remains. |
86 | (9) |
87 | offered or provided in connection with the final disposition, |
88 | memorialization, interment, entombment, or inurnment of human |
89 | remains or cremated remains. |
90 | (10) |
91 | of keeping a cemetery and its lots, graves, grounds, |
92 | landscaping, roads, paths, parking lots, fences, mausoleums, |
93 | columbaria, vaults, crypts, utilities, and other improvements, |
94 | structures, and embellishments in a well-cared-for and dignified |
95 | condition, so that the cemetery does not become a nuisance or |
96 | place of reproach and desolation in the community. As specified |
97 | in the rules of the licensing authority, "care and maintenance" |
98 | may include, but is not limited to, any or all of the following |
99 | activities: mowing the grass at reasonable intervals; raking and |
100 | cleaning the grave spaces and adjacent areas; pruning of shrubs |
101 | and trees; suppression of weeds and exotic flora; and |
102 | maintenance, upkeep, and repair of drains, water lines, roads, |
103 | buildings, and other improvements. "Care and maintenance" may |
104 | include, but is not limited to, reasonable overhead expenses |
105 | necessary for such purposes, including maintenance of machinery, |
106 | tools, and equipment used for such purposes. "Care and |
107 | maintenance" may also include repair or restoration of |
108 | improvements necessary or desirable as a result of wear, |
109 | deterioration, accident, damage, or destruction. "Care and |
110 | maintenance" does not include expenses for the construction and |
111 | development of new grave spaces or interment structures to be |
112 | sold to the public. |
113 | (11) |
114 | for the encasement of human remains and that is usually |
115 | constructed of wood or metal, ornamented, and lined with fabric. |
116 | (12) |
117 | intended to be used for the permanent interment of human remains |
118 | or cremated remains. A cemetery may contain land or earth |
119 | interment; mausoleum, vault, or crypt interment; a columbarium, |
120 | ossuary, scattering garden, or other structure or place used or |
121 | intended to be used for the interment or disposition of cremated |
122 | remains; or any combination of one or more of such structures or |
123 | places. |
124 | (13) |
125 | owns or controls cemetery lands or property. |
126 | (14) |
127 | in which embalming takes place that operates independently of a |
128 | funeral establishment licensee and that offers embalming |
129 | services to funeral directors for a fee. |
130 | (15) |
131 | bodies are subjected to cremation. |
132 | (16) |
133 | cremated remains can be placed and closed in a manner so as to |
134 | prevent leakage or spillage of the remains. |
135 | (17) |
136 | is substantially exposed above the ground and that is intended |
137 | to be used for the inurnment of cremated remains. |
138 | (18) |
139 | or more business entities that share common ownership in excess |
140 | of 50 percent. |
141 | (19) |
142 | indirectly, through the ownership of voting shares, by contract, |
143 | arrangement, understanding, relationship, or otherwise, of the |
144 | power to direct or cause the direction of the management and |
145 | policies of a person or entity. However, a person or entity |
146 | shall not be deemed to have control if the person or entity |
147 | holds voting shares, in good faith and not for the purpose of |
148 | circumventing this definition, as an agent, bank, broker, |
149 | nominee, custodian, or trustee for one or more beneficial owners |
150 | who do not individually or as a group have control. |
151 | (20) |
152 | human body recovered after the completion of the cremation |
153 | process, including processing or pulverization that leaves only |
154 | bone fragments reduced to unidentifiable dimensions and may |
155 | include the residue of any foreign matter, including casket |
156 | material, bridgework, or eyeglasses that were cremated with the |
157 | human remains. |
158 | (21) |
159 | process whereby a dead human body is reduced to ashes and bone |
160 | fragments. Cremation also includes any other mechanical or |
161 | thermal process whereby human remains are pulverized, burned, |
162 | recremated, or otherwise further reduced in size or quantity. |
163 | (22) |
164 | within which the cremation process takes place. Cremation |
165 | chambers covered by these procedures shall be used exclusively |
166 | for the cremation of human remains. |
167 | (23) |
168 | alternative container in which the human remains are transported |
169 | to and placed in the cremation chamber for a cremation. A |
170 | cremation container should meet substantially all of the |
171 | following standards: |
172 | (a) Be composed of readily combustible or consumable |
173 | materials suitable for cremation. |
174 | (b) Be able to be closed in order to provide a complete |
175 | covering for the human remains. |
176 | (c) Be resistant to leakage or spillage. |
177 | (d) Be rigid enough to be handled with ease. |
178 | (e) Be able to provide protection for the health, safety, |
179 | and personal integrity of crematory personnel. |
180 | (24) |
181 | outer container that, subject to a cemetery's rules and |
182 | regulations, is composed of concrete, steel, fiberglass, or some |
183 | similar material in which an urn is placed prior to being |
184 | interred in the ground and that is designed to support the earth |
185 | above the urn. |
186 | (25) |
187 | Services. |
188 | (26) |
189 | licensed under this chapter where a direct disposer practices |
190 | direct disposition. |
191 | (27) |
192 | this chapter to practice direct disposition in this state. |
193 | (28) |
194 | licensed: |
195 | (a) Funeral director who provides initial direction and |
196 | periodic inspection of the arrangements and who is physically |
197 | present or on the premises of the funeral establishment at all |
198 | times when the tasks, functions, and duties relating to funeral |
199 | directing are performed; or |
200 | (b) Embalmer who provides initial direction and |
201 | instruction regarding the preservation of a dead human body in |
202 | its entirety or in part and who is physically present or on the |
203 | premises of the funeral establishment or embalming facility at |
204 | all times when the tasks, functions, and duties relating to |
205 | embalming are performed. |
206 | (29) |
207 | Funeral, Cemetery, and Consumer Services. |
208 | (30) |
209 | from earth interment or aboveground interment. |
210 | (31) |
211 | Cemetery, and Consumer Services within the Department of |
212 | Financial Services. |
213 | (32) |
214 | chapter to practice embalming in this state. |
215 | (33) |
216 | dead human body by burial, either by earth interment or |
217 | aboveground interment, or by entombment, cremation, burial at |
218 | sea, or anatomical donation and delivery to the anatomical board |
219 | |
220 | anatomical board |
221 | cremation of the dissected remains |
222 | does not include the disposal or distribution of cremated |
223 | remains and residue of cremated remains. |
224 | (34) |
225 | observances, services, or ceremonies held to commemorate the |
226 | life of a specific deceased human being and at which the human |
227 | remains are present. |
228 | (35) |
229 | under this chapter to practice funeral directing in this state. |
230 | (36) |
231 | under this chapter where a funeral director or embalmer |
232 | practices funeral directing or embalming. |
233 | (37) |
234 | licensed: |
235 | (a) Funeral director who is reasonably available and in a |
236 | position to provide direction and guidance by being physically |
237 | present, being on the premises of the funeral establishment, or |
238 | being in proximity to the funeral establishment and available |
239 | telephonically or by electronic communication at all times when |
240 | the tasks, functions, and duties relating to funeral directing |
241 | are performed; or |
242 | (b) Embalmer who is reasonably available and in a position |
243 | to provide direction and guidance by being physically present, |
244 | being on the premises of the funeral establishment or embalming |
245 | facility, or being in proximity to the funeral establishment or |
246 | embalming facility and available telephonically or by electronic |
247 | communication at all times when the tasks, functions, and duties |
248 | relating to embalming are performed. |
249 | (38) |
250 | cemetery intended to be used for the interment in the ground of |
251 | human remains. |
252 | (39) |
253 | body" or "dead human bodies," means the body of a deceased human |
254 | person for which a death certificate or fetal death certificate |
255 | is required under chapter 382 and includes the body in any stage |
256 | of decomposition. |
257 | (40) "Indigent person" means a person whose family income |
258 | does not exceed 100 percent of the current federal poverty |
259 | guidelines prescribed for the family's household size by the |
260 | United States Department of Health and Human Services. |
261 | (41) |
262 | priority listed: |
263 | (a) The decedent, when written inter vivos authorizations |
264 | and directions are provided by the decedent; |
265 | (b) The person designated by the decedent as authorized to |
266 | direct disposition pursuant to Pub. L. No. 109-163, s. 564, as |
267 | listed on the decedent's United States Department of Defense |
268 | Record of Emergency Data, DD Form 93, or its successor form, if |
269 | the decedent died while serving military service as described in |
270 | 10 U.S.C. s. 1481(a)(1)-(8) in any branch of the United States |
271 | Armed Forces, United States Reserve Forces, or National Guard; |
272 | (c) The surviving spouse, unless the spouse has been |
273 | arrested for committing against the deceased an act of domestic |
274 | violence as defined in s. 741.28 that resulted in or contributed |
275 | to the death of the deceased; |
276 | (d) A son or daughter who is 18 years of age or older; |
277 | (e) A parent; |
278 | (f) A brother or sister who is 18 years of age or older; |
279 | (g) A grandchild who is 18 years of age or older; |
280 | (h) A grandparent; or |
281 | (i) Any person in the next degree of kinship. |
282 | |
283 | In addition, the term may include, if no family member exists or |
284 | is available, the guardian of the dead person at the time of |
285 | death; the personal representative of the deceased; the attorney |
286 | in fact of the dead person at the time of death; the health |
287 | surrogate of the dead person at the time of death; a public |
288 | health officer; the medical examiner, county commission, or |
289 | administrator acting under part VII |
290 | other public administrator; a representative of a nursing home |
291 | or other health care institution in charge of final disposition; |
292 | or a friend or other person not listed in this subsection who is |
293 | willing to assume the responsibility as the legally authorized |
294 | person. Where there is a person in any priority class listed in |
295 | this subsection, the funeral establishment shall rely upon the |
296 | authorization of any one legally authorized person of that class |
297 | if that person represents that she or he is not aware of any |
298 | objection to the cremation of the deceased's human remains by |
299 | others in the same class of the person making the representation |
300 | or of any person in a higher priority class. |
301 | (42) |
302 | issued under this chapter, except where expressly indicated |
303 | otherwise, and shall be understood to include authorizations |
304 | previously referred to as registrations or certificates of |
305 | authority in chapters 470 and 497 as those chapters appeared in |
306 | the 2004 edition of the Florida Statutes. |
307 | (43) |
308 | license or other authorization issued under this chapter, except |
309 | where expressly indicated otherwise. |
310 | (44) |
311 | substantially exposed above the ground and that is intended to |
312 | be used for the entombment of human remains. |
313 | (45) |
314 | of a mausoleum that is acceptable to the department and that a |
315 | cemetery uses to initiate its mausoleum program or to add to its |
316 | existing mausoleum structures. |
317 | (46) |
318 | a grave site and cemetery memorials of all types, including |
319 | monuments, markers, and vases. |
320 | (47) |
321 | operates independently of a cemetery or funeral establishment |
322 | and that offers to sell monuments or monument services to the |
323 | public for placement in a cemetery. |
324 | (48) |
325 | assets of a licensee, excluding goodwill, franchises, customer |
326 | lists, patents, trademarks, and receivables from or advances to |
327 | officers, directors, employees, salespersons, and affiliated |
328 | companies, exceed total liabilities of the licensee. For |
329 | purposes of this definition, the term "total liabilities" does |
330 | not include the capital stock, paid-in capital, or retained |
331 | earnings of the licensee. |
332 | (49) |
333 | liabilities pursuant to generally accepted accounting |
334 | principles. |
335 | (50) |
336 | memorialization or permanent placement of a container or urn |
337 | containing cremated remains. |
338 | (51) |
339 | communal placement of cremated remains without benefit of an urn |
340 | or any other container in which cremated remains may be |
341 | commingled with other cremated remains and are nonrecoverable. |
342 | It may or may not include memorialization. |
343 | (52) |
344 | which a casket is placed and includes, but is not limited to, |
345 | vaults made of concrete, steel, fiberglass, or copper; sectional |
346 | concrete enclosures; crypts; and wooden enclosures. |
347 | (53) |
348 | "natural" or "individual," includes both natural persons and |
349 | legal entities. |
350 | (54) |
351 | building in which one temporarily or permanently maintains her |
352 | or his abode, including, but not limited to, an apartment or a |
353 | hotel, motel, nursing home, convalescent home, home for the |
354 | aged, or a public or private institution. |
355 | (55) |
356 | cremation of human remains without preparation of the human |
357 | remains by embalming and without any attendant services or rites |
358 | such as funeral or graveside services or the making of |
359 | arrangements for such final disposition. |
360 | (56) |
361 | preserving or attempting to disinfect or preserve dead human |
362 | bodies by replacing certain body fluids with preserving and |
363 | disinfecting chemicals. |
364 | (57) |
365 | performance by a licensed funeral director of any of those |
366 | functions authorized by s. 497.372. |
367 | (58) |
368 | method, of which the provider of funeral merchandise or services |
369 | has actual knowledge, whereby any person agrees to furnish |
370 | funeral merchandise or service in the future. |
371 | (59) |
372 | licensed under this chapter to sell preneed burial or funeral |
373 | service and merchandise contracts or direct disposition |
374 | contracts in this state. |
375 | (60) |
376 | proprietor of a sole proprietorship; all partners of a |
377 | partnership; all members of a limited liability company; |
378 | regarding a corporation, all directors and officers, and all |
379 | stockholders controlling more than 10 percent of the voting |
380 | stock; and all other persons who can exercise control over the |
381 | person or entity. |
382 | (61) |
383 | bone fragments after the completion of the cremation process to |
384 | unidentifiable bone fragments by manual means. |
385 | (62) |
386 | interchangeably in this chapter. The use of the word |
387 | "profession" in this chapter with respect to any activities |
388 | regulated under this chapter shall not be deemed to mean that |
389 | such activities are not occupations for other purposes in state |
390 | or federal law. |
391 | (63) |
392 | identifiable bone fragments after the completion of the |
393 | cremation and processing to granulated particles by manual or |
394 | mechanical means. |
395 | (64) |
396 | operated independently of a funeral establishment, crematory, or |
397 | direct disposal establishment, that maintains space and |
398 | equipment for the storage and refrigeration of dead human |
399 | bodies, and that offers its service to funeral directors, |
400 | funeral establishments, direct disposers, direct disposal |
401 | establishments, or crematories for a fee. |
402 | (65) |
403 | formed primarily for religious purposes that has qualified for |
404 | exemption from federal income tax as an exempt organization |
405 | under the provisions of s. 501(c)(3) of the Internal Revenue |
406 | Code of 1986, as amended. |
407 | (66) |
408 | independently of a funeral establishment or a direct disposal |
409 | establishment, that handles the initial removal of dead human |
410 | bodies, and that offers its service to funeral establishments |
411 | and direct disposal establishments for a fee. |
412 | (67) |
413 | chapter unless expressly indicated to the contrary. |
414 | (68) |
415 | within a cemetery, that is used for the spreading or |
416 | broadcasting of cremated remains that have been removed from |
417 | their container and can be mixed with or placed on top of the |
418 | soil or ground cover or buried in an underground receptacle on a |
419 | commingled basis and that are nonrecoverable. It may or may not |
420 | include memorialization. |
421 | (69) |
422 | independent contractor whose fiduciary responsibility is to |
423 | assist both the trustee and licensee in administrating their |
424 | responsibilities pursuant to this chapter. |
425 | (70) |
426 | directly or implicitly requests an immediate oral response from |
427 | the recipient. |
428 | (71) |
429 | accounting principles, except as modified by this chapter. |
430 | (72) |
431 | cremated remains usually made of cardboard, plastic, or similar |
432 | material designated to hold the cremated remains until an urn or |
433 | other permanent container is acquired. |
434 | (73) "Unclaimed remains" means human remains that are not |
435 | claimed by a legally authorized person, other than a medical |
436 | examiner or the board of county commissioners, for final |
437 | disposition at the person's expense. |
438 | (74) |
439 | encase cremated remains. |
440 | Section 3. Section 406.50, Florida Statutes, is |
441 | transferred, renumbered as section 497.701, Florida Statutes, |
442 | and amended to read: |
443 | 497.701 |
444 | disposition, procedure.- |
445 | (1) A person or entity that comes |
446 | |
447 | |
448 | |
449 | |
450 | |
451 | required to be buried or cremated at public expense shall |
452 | |
453 | board, unless: |
454 | (a) The unclaimed remains are decomposed or mutilated by |
455 | wounds; |
456 | (b) An autopsy is performed on the remains; |
457 | (c) The remains contain |
458 | |
459 | |
460 | |
461 | contagious disease; |
462 | (d) A legally authorized person |
463 | |
464 | |
465 | |
466 | (e) The deceased person was a veteran of the United States |
467 | Armed Forces, United States Reserve Forces, or National Guard |
468 | and is eligible for burial in a national cemetery or was the |
469 | spouse or dependent child of a veteran eligible for burial in a |
470 | national cemetery. |
471 | (2) |
472 | the person or entity in charge or control of the |
473 | |
474 | (a) Determine the identity of the deceased person and |
475 | |
476 | of the |
477 | (b) Determine whether |
478 | eligible under 38 C.F.R. s. 38.620 for |
479 | national cemetery as a veteran of the armed forces and, if |
480 | eligible |
481 | remains to be delivered to a national cemetery |
482 | |
483 | |
484 | |
485 | For purposes of this subsection, "a reasonable effort" includes |
486 | contacting the National Cemetery Scheduling Office and the |
487 | county veterans service office or regional office of the United |
488 | States Department of Veterans Affairs. |
489 | (3) |
490 | |
491 | board as soon as possible after death. When no family exists or |
492 | is available, a funeral director licensed under this chapter may |
493 | assume the responsibility of a legally authorized person and |
494 | may, after 48 hours have elapsed from the time of death, |
495 | authorize arterial embalming for the purposes of storage and |
496 | delivery of unclaimed remains to the anatomical board. A funeral |
497 | director licensed under this chapter is not liable for damages |
498 | under this subsection. |
499 | (4) The remains of a deceased person whose identity is not |
500 | known may not be cremated, donated as an anatomical gift, buried |
501 | at sea, or removed from the state. |
502 | (5) If the anatomical board does not accept the unclaimed |
503 | remains, the county commission, or its designated county |
504 | department, of the county in which the remains are found or the |
505 | death occurred may authorize and arrange for the burial or |
506 | cremation of the entire remains. A board of county commissioners |
507 | may, in accordance with applicable laws and rules, prescribe |
508 | policies and procedures for final disposition of unclaimed |
509 | remains by resolution or ordinance. |
510 | (6) |
511 | right of a medical examiner to hold human |
512 | remains for the purpose of investigating the cause of death or |
513 | |
514 | competent jurisdiction to enter an order affecting the |
515 | disposition of such |
516 | |
517 | |
518 | |
519 | |
520 | |
521 | |
522 | |
523 | |
524 | |
525 | |
526 | Section 4. Section 406.51, Florida Statutes, is |
527 | transferred, renumbered as section 497.703, Florida Statutes, |
528 | and amended to read: |
529 | 497.703 |
530 | veterans; contract requirements.-Any contract by a local |
531 | governmental entity for the final disposition |
532 | unclaimed |
533 | 497.701(2) |
534 | C.F.R. s. 38.620, relating to disposition of unclaimed deceased |
535 | veterans, are |
536 | Section 5. Section 406.52, Florida Statutes, is |
537 | transferred, renumbered as section 497.705, Florida Statutes, |
538 | and amended to read: |
539 | (Substantial rewording of section. See |
540 | s. 406.52, F.S., for present text.) |
541 | 497.705 Retention of human remains before use; claim after |
542 | delivery to anatomical board; procedures for unclaimed remains |
543 | of indigent persons.- |
544 | (1) The anatomical board shall keep in storage all human |
545 | remains that it receives for at least 48 hours before allowing |
546 | their use for medical education and research. The anatomical |
547 | board may, for any reason, refuse to accept unclaimed remains or |
548 | the remains of an indigent person. |
549 | (2) At any time before their use for medical education or |
550 | research, human remains delivered to the anatomical board may be |
551 | claimed by a legally authorized person. The anatomical board |
552 | shall release the remains to the legally authorized person after |
553 | payment of the anatomical board's expenses incurred for |
554 | transporting, embalming, and storing the remains. |
555 | (3)(a) A board of county commissioners may, in accordance |
556 | with applicable laws and rules, prescribe policies and |
557 | procedures for the final disposition of the unclaimed remains of |
558 | an indigent person whose remains are found, or whose death |
559 | occurred in the county, by resolution or ordinance. |
560 | (b) A person licensed under this chapter is not liable for |
561 | any damages resulting from cremating or burying such human |
562 | remains at the written direction of the board of county |
563 | commissioners or its designee. |
564 | Section 6. Section 406.53, Florida Statutes, is |
565 | transferred, renumbered as section 497.707, Florida Statutes, |
566 | and amended to read: |
567 | (Substantial rewording of section. See |
568 | s. 406.53, F.S., for present text.) |
569 | 497.707 Unclaimed remains of indigent person; exemption |
570 | from notice to the anatomical board.-A county commission or |
571 | designated county department that receives a report of the |
572 | unclaimed remains of an indigent person, notwithstanding s. |
573 | 497.701(1), is not required to notify the anatomical board of |
574 | the remains if: |
575 | (1) The indigent person's remains are decomposed or |
576 | mutilated by wounds; |
577 | (2) A legally authorized person or a relative by blood or |
578 | marriage claims the remains for final disposition at his or her |
579 | expense or, if such relative or legally authorized person is |
580 | also an indigent person, in a manner consistent with the |
581 | policies and procedures of the board of county commissioners of |
582 | the county in which the remains are found or the death occurred; |
583 | (3) The deceased person was a veteran of the United States |
584 | Armed Forces, United States Reserve Forces, or National Guard |
585 | and is eligible for burial in a national cemetery or was the |
586 | spouse or dependent child of a veteran eligible for burial in a |
587 | national cemetery; or |
588 | (4) A funeral director licensed under this chapter |
589 | certifies that the anatomical board has been notified and either |
590 | accepted or declined the remains. |
591 | Section 7. Section 406.55, Florida Statutes, is |
592 | transferred, renumbered as section 497.709, Florida Statutes, |
593 | and amended to read: |
594 | 497.709 |
595 | |
596 | |
597 | or written, that provides for |
598 | be paid to any living person in exchange for |
599 | of that person's remains |
600 | to the anatomical board when the |
601 | Section 8. Section 406.56, Florida Statutes, is |
602 | transferred, renumbered as section 497.711, Florida Statutes, |
603 | and amended to read: |
604 | 497.711 |
605 | will.-If any person |
606 | will leaving his or her remains |
607 | |
608 | the |
609 | state, the anatomical board may |
610 | and receive the person's remains |
611 | Section 9. Section 406.57, Florida Statutes, is |
612 | transferred, renumbered as section 497.713, Florida Statutes, |
613 | and amended to read: |
614 | 497.713 |
615 | The anatomical board or its duly authorized agent shall take and |
616 | receive human remains |
617 | |
618 | (1) Distribute the remains |
619 | medical and dental schools, teaching hospitals, medical |
620 | institutions, and health-related teaching programs that require |
621 | cadaveric material for study; or |
622 | (2) Loan the remains |
623 | |
624 | or funeral directors, or medical or dental examining boards, for |
625 | educational or research purposes |
626 | |
627 | Section 10. Section 406.58, Florida Statutes, is |
628 | transferred, renumbered as section 497.715, Florida Statutes, |
629 | and amended to read: |
630 | 497.715 |
631 | annual audit.- |
632 | (1) The anatomical board may: |
633 | (a) Adopt |
634 | be collected from the institution or association to which the |
635 | human remains |
636 | distributed or loaned to defray the costs of obtaining and |
637 | preparing the remains |
638 | (b) |
639 | money from public or private sources, in addition to the fees |
640 | collected from the institution or association to which human |
641 | remains |
642 | costs of embalming, handling, shipping, storing, cremating, and |
643 | otherwise |
644 | obtaining and using the remains. |
645 | |
646 | (c) Pay the reasonable expenses, as determined by the |
647 | anatomical board, incurred by a funeral establishment or removal |
648 | service licensed under this chapter |
649 | remains |
650 | anatomical board. |
651 | (d) Enter into contracts and perform such other acts |
652 | |
653 | (2) The Department of Financial Services shall keep and |
654 | annually audit a complete record of all fees and other financial |
655 | transactions of the |
656 | submit |
657 | |
658 | |
659 | Section 11. Section 406.59, Florida Statutes, is |
660 | transferred, renumbered as section 497.717, Florida Statutes, |
661 | and amended to read: |
662 | 497.717 |
663 | |
664 | institution, or association may not |
665 | |
666 | |
667 | inspected and approved by the anatomical board. Human remains |
668 | |
669 | teaching hospital, institution, or association may not |
670 | used for any |
671 | medical education and research |
672 | Section 12. Section 406.60, Florida Statutes, is |
673 | transferred, renumbered as section 497.719, Florida Statutes, |
674 | and amended to read: |
675 | 497.719 |
676 | use.- |
677 | |
678 | |
679 | value to, medical or dental science, |
680 | having charge of the remains |
681 | dispose of the remains or any part thereof by cremation. |
682 | Section 13. Section 406.61, Florida Statutes, is |
683 | transferred, renumbered as section 497.721, Florida Statutes, |
684 | and amended to read: |
685 | 497.721 |
686 | |
687 | penalty.- |
688 | (1) Any person who sells or buys human remains or any part |
689 | thereof, |
690 | any person except a recognized Florida medical or dental school |
691 | who transmits or conveys or causes to be transmitted or conveyed |
692 | such remains |
693 | outside or within this state, commits a misdemeanor of the first |
694 | degree, punishable as provided in s. |
695 | 775.083. However, this chapter does not prohibit the anatomical |
696 | board from transporting human remains |
697 | state for educational or scientific purposes or prohibit the |
698 | transport of human remains, any part of such remains |
699 | |
700 | of lawful examination, investigation, or autopsy conducted |
701 | pursuant to s. 406.11. Any person, institution, or organization |
702 | that conveys human remains |
703 | |
704 | or research purposes must |
705 | such intent and receive approval from the anatomical board. |
706 | (2) Any entity accredited by the American Association of |
707 | Museums may convey plastinated human remains |
708 | thereof |
709 | and public educational purposes without the consent of the |
710 | anatomical board if the accredited entity: |
711 | (a) Notifies the anatomical board of the conveyance and |
712 | the duration and location of the exhibition at least 30 days |
713 | before the intended conveyance. |
714 | (b) Submits to the anatomical board a description of the |
715 | remains |
716 | and address of the company providing the remains |
717 | part thereof |
718 | (c) Submits to the anatomical board documentation that the |
719 | remains were |
720 | next of kin for purposes of plastination and public exhibition, |
721 | or, in lieu of such documentation, an affidavit stating that the |
722 | remains were |
723 | his or her next of kin for such purposes to the company |
724 | providing the remains |
725 | form on file for the remains |
726 | (3) Notwithstanding paragraph (2)(c) and in lieu of the |
727 | documentation or affidavit required under paragraph (2)(c), |
728 | |
729 | |
730 | of Museums that exhibited plastinated human remains in this |
731 | state before July 1, 2009, |
732 | an affidavit to the anatomical board stating that the remains |
733 | were |
734 | the remains |
735 | remains |
736 | Section 14. Section 406.54, Florida Statutes, is repealed. |
737 | Section 15. This act shall take effect July 1, 2011. |
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