Bill Text: FL H0915 | 2011 | Regular Session | Introduced

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Bill Title: Disposition of Human Remains

Sponsorship: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0915 Detail]

Download: Florida-2011-H0915-Introduced.html

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HB 915

1	A bill to be entitled
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)(2)  "At-need solicitation" means any uninvited contact
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)(3)  "Bank of belowground crypts" means any construction
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)(4)  "Belowground crypts" consist of interment space in
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)(5)  "Board" means the Board of Funeral, Cemetery, and
71	Consumer Services.
72	(7)(6)  "Burial merchandise," "funeral merchandise," or
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)(7)  "Burial right" means the right to use a grave
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)(8)  "Burial service" or "service" means any service
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)(9)  "Care and maintenance" means the perpetual process
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)(10)  "Casket" means a rigid container that is designed
114	for the encasement of human remains and that is usually
115	constructed of wood or metal, ornamented, and lined with fabric.
116	(12)(11)  "Cemetery" means a place dedicated to and used or
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)(12)  "Cemetery company" means any legal entity that
125	owns or controls cemetery lands or property.
126	(14)(13)  "Centralized embalming facility" means a facility
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)(14)  "Cinerator" means a facility where dead human
131	bodies are subjected to cremation.
132	(16)(15)  "Closed container" means any container in which
133	cremated remains can be placed and closed in a manner so as to
134	prevent leakage or spillage of the remains.
135	(17)(16)  "Columbarium" means a structure or building that
136	is substantially exposed above the ground and that is intended
137	to be used for the inurnment of cremated remains.
138	(18)(17)  "Common business enterprise" means a group of two
139	or more business entities that share common ownership in excess
140	of 50 percent.
141	(19)(18)  "Control" means the possession, directly or
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)(19)  "Cremated remains" means all the remains of the
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)(20)  "Cremation" means any mechanical or thermal
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)(21)  "Cremation chamber" means the enclosed space
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)(22)  "Cremation container" means the casket or
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)(23)  "Cremation interment container" means a rigid
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)(24)  "Department" means the Department of Financial
187	Services.
188	(26)(25)  "Direct disposal establishment" means a facility
189	licensed under this chapter where a direct disposer practices
190	direct disposition.
191	(27)(26)  "Direct disposer" means any person licensed under
192	this chapter to practice direct disposition in this state.
193	(28)(27)  "Direct supervision" means supervision by a
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)(28)  "Director" means the director of the Division of
207	Funeral, Cemetery, and Consumer Services.
208	(30)(29)  "Disinterment" means removal of a dead human body
209	from earth interment or aboveground interment.
210	(31)(30)  "Division" means the Division of Funeral,
211	Cemetery, and Consumer Services within the Department of
212	Financial Services.
213	(32)(31)  "Embalmer" means any person licensed under this
214	chapter to practice embalming in this state.
215	(33)(32)  "Final disposition" means the final disposal of a
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	a medical institution for lawful dissection provided if the
220	anatomical board medical institution assumes responsibility for
221	cremation of the dissected remains disposal. "Final disposition"
222	does not include the disposal or distribution of cremated
223	remains and residue of cremated remains.
224	(34)(33)  "Funeral" or "funeral service" means the
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)(34)  "Funeral director" means any person licensed
229	under this chapter to practice funeral directing in this state.
230	(36)(35)  "Funeral establishment" means a facility licensed
231	under this chapter where a funeral director or embalmer
232	practices funeral directing or embalming.
233	(37)(36)  "General supervision" means supervision by a
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)(37)  "Grave space" means a space of ground in a
250	cemetery intended to be used for the interment in the ground of
251	human remains.
252	(39)(38)  "Human remains" or "remains," or "dead human
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)(39)  "Legally authorized person" means, in the
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 II of this chapter 406 or
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)(40)  "License" includes all authorizations required or
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)(41)  "Licensee" means the person or entity holding any
308	license or other authorization issued under this chapter, except
309	where expressly indicated otherwise.
310	(44)(42)  "Mausoleum" means a structure or building that is
311	substantially exposed above the ground and that is intended to
312	be used for the entombment of human remains.
313	(45)(43)  "Mausoleum section" means any construction unit
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)(44)  "Monument" means any product used for identifying
318	a grave site and cemetery memorials of all types, including
319	monuments, markers, and vases.
320	(47)(45)  "Monument establishment" means a facility that
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)(46)  "Net assets" means the amount by which the total
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)(47)  "Net worth" means total assets minus total
333	liabilities pursuant to generally accepted accounting
334	principles.
335	(50)(48)  "Niche" means a compartment or cubicle for the
336	memorialization or permanent placement of a container or urn
337	containing cremated remains.
338	(51)(49)  "Ossuary" means a receptacle used for the
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)(50)  "Outer burial container" means an enclosure into
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)(51)  "Person," when used without qualification such as
348	"natural" or "individual," includes both natural persons and
349	legal entities.
350	(54)(52)  "Personal residence" means any residential
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)(53)  "Practice of direct disposition" means the
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)(54)  "Practice of embalming" means disinfecting or
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)(55)  "Practice of funeral directing" means the
365	performance by a licensed funeral director of any of those
366	functions authorized by s. 497.372.
367	(58)(56)  "Preneed contract" means any arrangement or
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)(57)  "Preneed sales agent" means any person who is
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)(58)  "Principal" means and includes the sole
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)(59)  "Processing" means the reduction of identifiable
383	bone fragments after the completion of the cremation process to
384	unidentifiable bone fragments by manual means.
385	(62)(60)  "Profession" and "occupation" are used
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)(61)  "Pulverization" means the reduction of
392	identifiable bone fragments after the completion of the
393	cremation and processing to granulated particles by manual or
394	mechanical means.
395	(64)(62)  "Refrigeration facility" means a facility that is
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)(63)  "Religious institution" means an organization
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)(64)  "Removal service" means any service that operates
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)(65)  "Rules" refers to rules adopted under this
413	chapter unless expressly indicated to the contrary.
414	(68)(66)  "Scattering garden" means a location set aside,
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)(67)  "Servicing agent" means any person acting as an
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)(68)  "Solicitation" means any communication that
426	directly or implicitly requests an immediate oral response from
427	the recipient.
428	(71)(69)  "Statutory accounting" means generally accepted
429	accounting principles, except as modified by this chapter.
430	(72)(70)  "Temporary container" means a receptacle for
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)(71)  "Urn" means a receptacle designed to permanently
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	497.701 406.50  Unclaimed dead bodies or human remains;
444	disposition, procedure.-
445	(1)  A person or entity that comes All public officers,
446	agents, or employees of every county, city, village, town, or
447	municipality and every person in charge of any prison, morgue,
448	hospital, funeral parlor, or mortuary and all other persons
449	coming into possession, charge, or control of unclaimed any dead
450	human body or remains that which are unclaimed or which are
451	required to be buried or cremated at public expense shall are
452	hereby required to notify, immediately notify, the anatomical
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 whenever any such body, bodies, or
458	remains come into its possession, charge, or control.
459	Notification of the anatomical board is not required if the
460	death was caused by crushing injury, the deceased had a
461	contagious disease;
462	(d)  A legally authorized person, an autopsy was required
463	to determine cause of death, the body was in a state of severe
464	decomposition, or a family member objects to use of the remains
465	body for medical education and research; or
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)(1)  Before the final disposition of unclaimed remains,
472	the person or entity in charge or control of the dead body or
473	human remains shall make a reasonable effort to determine:
474	(a)  Determine the identity of the deceased person and
475	shall further make a reasonable effort to contact any relatives
476	of the such deceased person.
477	(b)  Determine whether or not the deceased person is
478	eligible under 38 C.F.R. s. 38.620 for entitled to burial in a
479	national cemetery as a veteran of the armed forces and, if
480	eligible so, to cause the deceased person's remains or cremated
481	remains to be delivered to a national cemetery shall make
482	arrangements for such burial services in accordance with the
483	provisions of 38 C.F.R.
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)(2)  Unclaimed remains Such dead human bodies as
490	described in this chapter shall be delivered to the anatomical
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)(3)  This part does not Nothing herein shall affect the
511	right of a medical examiner to hold human such dead body or
512	remains for the purpose of investigating the cause of death or,
513	nor shall this chapter affect the right of any court of
514	competent jurisdiction to enter an order affecting the
515	disposition of such body or remains.
516	(4)  In the event more than one legally authorized person
517	claims a body for interment, the requests shall be prioritized
518	in accordance with s. 732.103.
519
520	For purposes of this chapter, the term "anatomical board" means
521	the anatomical board of this state located at the University of
522	Florida Health Science Center, and the term "unclaimed" means a
523	dead body or human remains that is not claimed by a legally
524	authorized person, as defined in s. 497.005, for interment at
525	that person's expense.
526	Section 4.  Section 406.51, Florida Statutes, is
527	transferred, renumbered as section 497.703, Florida Statutes,
528	and amended to read:
529	497.703 406.51  Final disposition of unclaimed deceased
530	veterans; contract requirements.-Any contract by a local
531	governmental entity for the final disposition disposal of
532	unclaimed human remains must provide for compliance with s.
533	497.701(2) 406.50(1) and require that the procedures in 38
534	C.F.R. s. 38.620, relating to disposition of unclaimed deceased
535	veterans, are be followed.
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	497.709 406.55  Contracts for delivery of human remains
595	body after death prohibited.-The anatomical board may not enter
596	is specifically prohibited from entering into any contract, oral
597	or written, that provides for whereby any sum of money to shall
598	be paid to any living person in exchange for which the delivery
599	of that person's remains body of said person shall be delivered
600	to the anatomical board when the such living person dies.
601	Section 8.  Section 406.56, Florida Statutes, is
602	transferred, renumbered as section 497.711, Florida Statutes,
603	and amended to read:
604	497.711 406.56  Acceptance of human remains bodies under
605	will.-If any person being of sound mind executes shall execute a
606	will leaving his or her remains body to the anatomical board for
607	the advancement of medical education and research science and
608	the such person dies within the geographical limits of the
609	state, the anatomical board may is hereby empowered to accept
610	and receive the person's remains such body.
611	Section 9.  Section 406.57, Florida Statutes, is
612	transferred, renumbered as section 497.713, Florida Statutes,
613	and amended to read:
614	497.713 406.57  Distribution of human remains dead bodies.-
615	The anatomical board or its duly authorized agent shall take and
616	receive human remains the bodies delivered to it as provided in
617	under the provisions of this chapter and shall:
618	(1)  Distribute the remains them equitably to and among the
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 same may be loaned for examination or
623	study purposes to recognized associations of licensed embalmers
624	or funeral directors, or medical or dental examining boards, for
625	educational or research purposes at the discretion of the
626	anatomical board.
627	Section 10.  Section 406.58, Florida Statutes, is
628	transferred, renumbered as section 497.715, Florida Statutes,
629	and amended to read:
630	497.715 406.58  Fees; authority to accept additional funds;
631	annual audit.-
632	(1)  The anatomical board may:
633	(a)  Adopt is empowered to prescribe a schedule of fees to
634	be collected from the institution or association to which the
635	human remains bodies, as described in this chapter, are
636	distributed or loaned to defray the costs of obtaining and
637	preparing the remains such bodies.
638	(b)(2)  The anatomical board is hereby empowered to Receive
639	money from public or private sources, in addition to the fees
640	collected from the institution or association to which human
641	remains the bodies are distributed, to be used to defray the
642	costs of embalming, handling, shipping, storing, cremating, and
643	otherwise storage, cremation, and other costs relating to the
644	obtaining and using the remains. use of such bodies as described
645	in this chapter; the anatomical board is empowered to
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 any person delivering human
649	remains the bodies as described in this chapter to the
650	anatomical board. and is further empowered to
651	(d)  Enter into contracts and perform such other acts as
652	are necessary for to the proper performance of its duties.;
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 said anatomical board and shall annually
656	submit be kept and audited annually by the Department of
657	Financial Services, and a report of the such audit shall be made
658	annually to the University of Florida.
659	Section 11.  Section 406.59, Florida Statutes, is
660	transferred, renumbered as section 497.717, Florida Statutes,
661	and amended to read:
662	497.717 406.59  Institutions receiving human remains
663	bodies.-A No university, school, college, teaching hospital,
664	institution, or association may not shall be allowed or
665	permitted to receive any human remains such body or bodies as
666	described in this chapter until its facilities are have been
667	inspected and approved by the anatomical board. Human remains
668	All such bodies received by such university, school, college,
669	teaching hospital, institution, or association may not shall be
670	used for any no other purpose other than the promotion of
671	medical education and research science.
672	Section 12.  Section 406.60, Florida Statutes, is
673	transferred, renumbered as section 497.719, Florida Statutes,
674	and amended to read:
675	497.719 406.60  Disposition of human remains bodies after
676	use.-At any time When human remains any body or bodies or part
677	or parts of any body or bodies, as described in this chapter,
678	shall have been used for, and are not deemed of any no further
679	value to, medical or dental science, then the person or persons
680	having charge of the remains said body or parts of said body may
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	497.721 406.61  Selling, buying, or conveying human remains
686	bodies outside or within state prohibited; exceptions;,
687	penalty.-
688	(1)  Any person who sells or buys human remains or any part
689	thereof, body or parts of bodies as described in this chapter or
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 body or part thereof parts of bodies to any place
693	outside or within this state, commits a misdemeanor of the first
694	degree, punishable as provided in s. ss. 775.082 or s. and
695	775.083. However, this chapter does not prohibit the anatomical
696	board from transporting human remains specimens outside the
697	state for educational or scientific purposes or prohibit the
698	transport of human remains, any part of such remains bodies,
699	parts of bodies, or tissue specimens for purposes in furtherance
700	of lawful examination, investigation, or autopsy conducted
701	pursuant to s. 406.11. Any person, institution, or organization
702	that conveys human remains bodies or any part thereof within,
703	parts of bodies into, or out of the state for medical education
704	or research purposes must shall notify the anatomical board of
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 bodies or any part
708	thereof parts of bodies into or out of the state for exhibition
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 bodies or any part thereof parts of bodies and the name
716	and address of the company providing the remains bodies or any
717	part thereof parts of bodies.
718	(c)  Submits to the anatomical board documentation that the
719	remains were each body was donated by the decedent or his or her
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 each body was donated directly by the decedent or
723	his or her next of kin for such purposes to the company
724	providing the remains body and that such company has a donation
725	form on file for the remains body.
726	(3)  Notwithstanding paragraph (2)(c) and in lieu of the
727	documentation or affidavit required under paragraph (2)(c), for
728	a plastinated body that, before July 1, 2009, was exhibited in
729	this state by any entity accredited by the American Association
730	of Museums that exhibited plastinated human remains in this
731	state before July 1, 2009, such an accredited entity may submit
732	an affidavit to the anatomical board stating that the remains
733	were body was legally acquired and that the company providing
734	the remains body has acquisition documentation on file for the
735	remains body. This subsection expires January 1, 2012.
736	Section 14.  Section 406.54, Florida Statutes, is repealed.
737	Section 15.  This act shall take effect July 1, 2011.

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