Bill Text: FL S1324 | 2011 | Regular Session | Introduced
Bill Title: Disposition of Human Remains
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1324 Detail]
Download: Florida-2011-S1324-Introduced.html
Florida Senate - 2011 SB 1324 By Senator Bennett 21-00998A-11 20111324__ 1 A bill to be entitled 2 An act relating to disposition of human remains; 3 creating part VII of ch. 497, F.S., consisting of ss. 4 497.701, 497.703, 497.705, 497.707, 497.709, 497.711, 5 497.713, 497.715, 497.717, 497.719, and 497.721, F.S.; 6 amending s. 497.005, F.S.; defining terms relating to 7 the disposition of human remains; transferring, 8 renumbering, and amending ss. 406.50, 406.51, 406.52, 9 406.53, 406.55, 406.56, 406.57, 406.58, 406.59, 10 406.60, and 406.61, F.S.; revising procedures for the 11 reporting and disposition of unclaimed remains; 12 prohibiting certain uses or dispositions of the 13 remains of deceased persons whose identities are not 14 known; requiring that local governmental contracts for 15 the final disposition of unclaimed remains comply with 16 certain federal regulations; conforming provisions to 17 changes in terminology; conforming a cross-reference; 18 revising procedures for the anatomical board’s 19 retention of human remains before their use; providing 20 for claims by, and the release of human remains to, 21 legally authorized persons after payment of certain 22 expenses; authorizing county ordinances or resolutions 23 for the final disposition of the unclaimed remains of 24 indigent persons; limiting the liability of certain 25 licensed persons for cremating or burying human 26 remains under certain circumstances; revising 27 exceptions from requirements for notice to the 28 anatomical board of the death of indigent persons; 29 deleting a requirement that the Department of Health 30 assess fees for the burial of certain bodies; 31 conforming provisions to changes in terminology; 32 conforming terminology of provisions prohibiting the 33 selling or buying of human remains or the transmitting 34 or conveying of such remains outside the state; 35 providing penalties; conforming terminology relating 36 to procedures for the conveyance of plastinated human 37 remains into or out of the state; repealing s. 406.54, 38 F.S., relating to claims of bodies after delivery to 39 the anatomical board; providing an effective date. 40 41 Be It Enacted by the Legislature of the State of Florida: 42 43 Section 1. Part VII of chapter 497, Florida Statutes, 44 consisting of sections 497.701, 497.703, 497.705, 497.707, 45 497.709, 497.711, 497.713, 497.715, 497.717, 497.719, and 46 497.721, is created and entitled “UNCLAIMED HUMAN REMAINS; 47 ANATOMICAL BOARD.” 48 Section 2. Section 497.005, Florida Statutes, is amended to 49 read: 50 497.005 Definitions.—As used in this chapter, the term: 51 (1) “Alternative container” means an unfinished wood box or 52 other nonmetal receptacle or enclosure, without ornamentation or 53 a fixed interior lining, that is designed for the encasement of 54 human remains and that is made of fiberboard, pressed wood, 55 composition materials (with or without an outside covering), or 56 like materials. 57 (2) “Anatomical board” means the anatomical board of the 58 state headquartered at the University of Florida Health Science 59 Center. 60 (3)(2)“At-need solicitation” means any uninvited contact 61 by a licensee or her or his agent for the purpose of the sale of 62 burial services or merchandise to the family or next of kin of a 63 person after her or his death has occurred. 64 (4)(3)“Bank of belowground crypts” means any construction 65 unit of belowground crypts that is acceptable to the department 66 and that a cemetery uses to initiate its belowground crypt 67 program or to add to existing belowground crypt structures. 68 (5)(4)“Belowground crypts” consist of interment space in 69 preplaced chambers, either side by side or multiple depth, 70 covered by earth and sod and known also as “lawn crypts,” 71 “westminsters,” or “turf-top crypts.” 72 (6)(5)“Board” means the Board of Funeral, Cemetery, and 73 Consumer Services. 74 (7)(6)“Burial merchandise,” “funeral merchandise,” or 75 “merchandise” means any personal property offered or sold by any 76 person for use in connection with the final disposition, 77 memorialization, interment, entombment, or inurnment of human 78 remains or cremated remains, including, but not limited to, 79 caskets, outer burial containers, alternative containers, 80 cremation containers, cremation interment containers, urns, 81 monuments, private mausoleums, flowers, benches, vases, 82 acknowledgment cards, register books, memory folders, prayer 83 cards, and clothing. 84 (8)(7)“Burial right” means the right to use a grave space, 85 mausoleum, columbarium, ossuary, or scattering garden for the 86 interment, entombment, inurnment, or other disposition of human 87 remains or cremated remains. 88 (9)(8)“Burial service” or “service” means any service 89 offered or provided in connection with the final disposition, 90 memorialization, interment, entombment, or inurnment of human 91 remains or cremated remains. 92 (10)(9)“Care and maintenance” means the perpetual process 93 of keeping a cemetery and its lots, graves, grounds, 94 landscaping, roads, paths, parking lots, fences, mausoleums, 95 columbaria, vaults, crypts, utilities, and other improvements, 96 structures, and embellishments in a well-cared-for and dignified 97 condition, so that the cemetery does not become a nuisance or 98 place of reproach and desolation in the community. As specified 99 in the rules of the licensing authority, “care and maintenance” 100 may include, but is not limited to, any or all of the following 101 activities: mowing the grass at reasonable intervals; raking and 102 cleaning the grave spaces and adjacent areas; pruning of shrubs 103 and trees; suppression of weeds and exotic flora; and 104 maintenance, upkeep, and repair of drains, water lines, roads, 105 buildings, and other improvements. “Care and maintenance” may 106 include, but is not limited to, reasonable overhead expenses 107 necessary for such purposes, including maintenance of machinery, 108 tools, and equipment used for such purposes. “Care and 109 maintenance” may also include repair or restoration of 110 improvements necessary or desirable as a result of wear, 111 deterioration, accident, damage, or destruction. “Care and 112 maintenance” does not include expenses for the construction and 113 development of new grave spaces or interment structures to be 114 sold to the public. 115 (11)(10)“Casket” means a rigid container that is designed 116 for the encasement of human remains and that is usually 117 constructed of wood or metal, ornamented, and lined with fabric. 118 (12)(11)“Cemetery” means a place dedicated to and used or 119 intended to be used for the permanent interment of human remains 120 or cremated remains. A cemetery may contain land or earth 121 interment; mausoleum, vault, or crypt interment; a columbarium, 122 ossuary, scattering garden, or other structure or place used or 123 intended to be used for the interment or disposition of cremated 124 remains; or any combination of one or more of such structures or 125 places. 126 (13)(12)“Cemetery company” means any legal entity that 127 owns or controls cemetery lands or property. 128 (14)(13)“Centralized embalming facility” means a facility 129 in which embalming takes place that operates independently of a 130 funeral establishment licensee and that offers embalming 131 services to funeral directors for a fee. 132 (15)(14)“Cinerator” means a facility where dead human 133 bodies are subjected to cremation. 134 (16)(15)“Closed container” means any container in which 135 cremated remains can be placed and closed in a manner so as to 136 prevent leakage or spillage of the remains. 137 (17)(16)“Columbarium” means a structure or building that 138 is substantially exposed above the ground and that is intended 139 to be used for the inurnment of cremated remains. 140 (18)(17)“Common business enterprise” means a group of two 141 or more business entities that share common ownership in excess 142 of 50 percent. 143 (19)(18)“Control” means the possession, directly or 144 indirectly, through the ownership of voting shares, by contract, 145 arrangement, understanding, relationship, or otherwise, of the 146 power to direct or cause the direction of the management and 147 policies of a person or entity. However, a person or entity 148 shall not be deemed to have control if the person or entity 149 holds voting shares, in good faith and not for the purpose of 150 circumventing this definition, as an agent, bank, broker, 151 nominee, custodian, or trustee for one or more beneficial owners 152 who do not individually or as a group have control. 153 (20)(19)“Cremated remains” means all the remains of the 154 human body recovered after the completion of the cremation 155 process, including processing or pulverization that leaves only 156 bone fragments reduced to unidentifiable dimensions and may 157 include the residue of any foreign matter, including casket 158 material, bridgework, or eyeglasses that were cremated with the 159 human remains. 160 (21)(20)“Cremation” means any mechanical or thermal 161 process whereby a dead human body is reduced to ashes and bone 162 fragments. Cremation also includes any other mechanical or 163 thermal process whereby human remains are pulverized, burned, 164 recremated, or otherwise further reduced in size or quantity. 165 (22)(21)“Cremation chamber” means the enclosed space 166 within which the cremation process takes place. Cremation 167 chambers covered by these procedures shall be used exclusively 168 for the cremation of human remains. 169 (23)(22)“Cremation container” means the casket or 170 alternative container in which the human remains are transported 171 to and placed in the cremation chamber for a cremation. A 172 cremation container should meet substantially all of the 173 following standards: 174 (a) Be composed of readily combustible or consumable 175 materials suitable for cremation. 176 (b) Be able to be closed in order to provide a complete 177 covering for the human remains. 178 (c) Be resistant to leakage or spillage. 179 (d) Be rigid enough to be handled with ease. 180 (e) Be able to provide protection for the health, safety, 181 and personal integrity of crematory personnel. 182 (24)(23)“Cremation interment container” means a rigid 183 outer container that, subject to a cemetery’s rules and 184 regulations, is composed of concrete, steel, fiberglass, or some 185 similar material in which an urn is placed prior to being 186 interred in the ground and that is designed to support the earth 187 above the urn. 188 (25)(24)“Department” means the Department of Financial 189 Services. 190 (26)(25)“Direct disposal establishment” means a facility 191 licensed under this chapter where a direct disposer practices 192 direct disposition. 193 (27)(26)“Direct disposer” means any person licensed under 194 this chapter to practice direct disposition in this state. 195 (28)(27)“Direct supervision” means supervision by a 196 licensed: 197 (a) Funeral director who provides initial direction and 198 periodic inspection of the arrangements and who is physically 199 present or on the premises of the funeral establishment at all 200 times when the tasks, functions, and duties relating to funeral 201 directing are performed; or 202 (b) Embalmer who provides initial direction and instruction 203 regarding the preservation of a dead human body in its entirety 204 or in part and who is physically present or on the premises of 205 the funeral establishment or embalming facility at all times 206 when the tasks, functions, and duties relating to embalming are 207 performed. 208 (29)(28)“Director” means the director of the Division of 209 Funeral, Cemetery, and Consumer Services. 210 (30)(29)“Disinterment” means removal of a dead human body 211 from earth interment or aboveground interment. 212 (31)(30)“Division” means the Division of Funeral, 213 Cemetery, and Consumer Services within the Department of 214 Financial Services. 215 (32)(31)“Embalmer” means any person licensed under this 216 chapter to practice embalming in this state. 217 (33)(32)“Final disposition” means the final disposal of a 218 dead human body by burial, either by earth interment or,219 aboveground interment, or by entombment, cremation, burial at 220 sea, or anatomical donation and delivery to the anatomical board 221a medical institutionfor lawful dissection providedifthe 222 anatomical boardmedical institutionassumes responsibility for 223 cremation of the dissected remainsdisposal. “Final disposition” 224 does not include the disposal or distribution of cremated 225 remains and residue of cremated remains. 226 (34)(33)“Funeral” or “funeral service” means the 227 observances, services, or ceremonies held to commemorate the 228 life of a specific deceased human being and at which the human 229 remains are present. 230 (35)(34)“Funeral director” means any person licensed under 231 this chapter to practice funeral directing in this state. 232 (36)(35)“Funeral establishment” means a facility licensed 233 under this chapter where a funeral director or embalmer 234 practices funeral directing or embalming. 235 (37)(36)“General supervision” means supervision by a 236 licensed: 237 (a) Funeral director who is reasonably available and in a 238 position to provide direction and guidance by being physically 239 present, being on the premises of the funeral establishment, or 240 being in proximity to the funeral establishment and available 241 telephonically or by electronic communication at all times when 242 the tasks, functions, and duties relating to funeral directing 243 are performed; or 244 (b) Embalmer who is reasonably available and in a position 245 to provide direction and guidance by being physically present, 246 being on the premises of the funeral establishment or embalming 247 facility, or being in proximity to the funeral establishment or 248 embalming facility and available telephonically or by electronic 249 communication at all times when the tasks, functions, and duties 250 relating to embalming are performed. 251 (38)(37)“Grave space” means a space of ground in a 252 cemetery intended to be used for the interment in the ground of 253 human remains. 254 (39)(38)“Human remains” or “remains,” or “dead human body” 255 or “dead human bodies,” means the body of a deceased human 256 person for which a death certificate or fetal death certificate 257 is required under chapter 382 and includes the body in any stage 258 of decomposition. 259 (40) “Indigent person” means a person whose family income 260 does not exceed 100 percent of the current federal poverty 261 guidelines prescribed for the family’s household size by the 262 United States Department of Health and Human Services. 263 (41)(39)“Legally authorized person” means, in the priority 264 listed: 265 (a) The decedent, when written inter vivos authorizations 266 and directions are provided by the decedent; 267 (b) The person designated by the decedent as authorized to 268 direct disposition pursuant to Pub. L. No. 109-163, s. 564, as 269 listed on the decedent’s United States Department of Defense 270 Record of Emergency Data, DD Form 93, or its successor form, if 271 the decedent died while serving military service as described in 272 10 U.S.C. s. 1481(a)(1)-(8) in any branch of the United States 273 Armed Forces, United States Reserve Forces, or National Guard; 274 (c) The surviving spouse, unless the spouse has been 275 arrested for committing against the deceased an act of domestic 276 violence as defined in s. 741.28 that resulted in or contributed 277 to the death of the deceased; 278 (d) A son or daughter who is 18 years of age or older; 279 (e) A parent; 280 (f) A brother or sister who is 18 years of age or older; 281 (g) A grandchild who is 18 years of age or older; 282 (h) A grandparent; or 283 (i) Any person in the next degree of kinship. 284 285 In addition, the term may include, if no family member exists or 286 is available, the guardian of the dead person at the time of 287 death; the personal representative of the deceased; the attorney 288 in fact of the dead person at the time of death; the health 289 surrogate of the dead person at the time of death; a public 290 health officer; the medical examiner, county commission, or 291 administrator acting under part VIIIIof this chapter406or 292 other public administrator; a representative of a nursing home 293 or other health care institution in charge of final disposition; 294 or a friend or other person not listed in this subsection who is 295 willing to assume the responsibility as the legally authorized 296 person. Where there is a person in any priority class listed in 297 this subsection, the funeral establishment shall rely upon the 298 authorization of any one legally authorized person of that class 299 if that person represents that she or he is not aware of any 300 objection to the cremation of the deceased’s human remains by 301 others in the same class of the person making the representation 302 or of any person in a higher priority class. 303 (42)(40)“License” includes all authorizations required or 304 issued under this chapter, except where expressly indicated 305 otherwise, and shall be understood to include authorizations 306 previously referred to as registrations or certificates of 307 authority in chapters 470 and 497 as those chapters appeared in 308 the 2004 edition of the Florida Statutes. 309 (43)(41)“Licensee” means the person or entity holding any 310 license or other authorization issued under this chapter, except 311 where expressly indicated otherwise. 312 (44)(42)“Mausoleum” means a structure or building that is 313 substantially exposed above the ground and that is intended to 314 be used for the entombment of human remains. 315 (45)(43)“Mausoleum section” means any construction unit of 316 a mausoleum that is acceptable to the department and that a 317 cemetery uses to initiate its mausoleum program or to add to its 318 existing mausoleum structures. 319 (46)(44)“Monument” means any product used for identifying 320 a grave site and cemetery memorials of all types, including 321 monuments, markers, and vases. 322 (47)(45)“Monument establishment” means a facility that 323 operates independently of a cemetery or funeral establishment 324 and that offers to sell monuments or monument services to the 325 public for placement in a cemetery. 326 (48)(46)“Net assets” means the amount by which the total 327 assets of a licensee, excluding goodwill, franchises, customer 328 lists, patents, trademarks, and receivables from or advances to 329 officers, directors, employees, salespersons, and affiliated 330 companies, exceed total liabilities of the licensee. For 331 purposes of this definition, the term “total liabilities” does 332 not include the capital stock, paid-in capital, or retained 333 earnings of the licensee. 334 (49)(47)“Net worth” means total assets minus total 335 liabilities pursuant to generally accepted accounting 336 principles. 337 (50)(48)“Niche” means a compartment or cubicle for the 338 memorialization or permanent placement of a container or urn 339 containing cremated remains. 340 (51)(49)“Ossuary” means a receptacle used for the communal 341 placement of cremated remains without benefit of an urn or any 342 other container in which cremated remains may be commingled with 343 other cremated remains and are nonrecoverable. It may or may not 344 include memorialization. 345 (52)(50)“Outer burial container” means an enclosure into 346 which a casket is placed and includes, but is not limited to, 347 vaults made of concrete, steel, fiberglass, or copper; sectional 348 concrete enclosures; crypts; and wooden enclosures. 349 (53)(51)“Person,” when used without qualification such as 350 “natural” or “individual,” includes both natural persons and 351 legal entities. 352 (54)(52)“Personal residence” means any residential 353 building in which one temporarily or permanently maintains her 354 or his abode, including, but not limited to, an apartment or a 355 hotel, motel, nursing home, convalescent home, home for the 356 aged, or a public or private institution. 357 (55)(53)“Practice of direct disposition” means the 358 cremation of human remains without preparation of the human 359 remains by embalming and without any attendant services or rites 360 such as funeral or graveside services or the making of 361 arrangements for such final disposition. 362 (56)(54)“Practice of embalming” means disinfecting or 363 preserving or attempting to disinfect or preserve dead human 364 bodies by replacing certain body fluids with preserving and 365 disinfecting chemicals. 366 (57)(55)“Practice of funeral directing” means the 367 performance by a licensed funeral director of any of those 368 functions authorized by s. 497.372. 369 (58)(56)“Preneed contract” means any arrangement or 370 method, of which the provider of funeral merchandise or services 371 has actual knowledge, whereby any person agrees to furnish 372 funeral merchandise or service in the future. 373 (59)(57)“Preneed sales agent” means any person who is 374 licensed under this chapter to sell preneed burial or funeral 375 service and merchandise contracts or direct disposition 376 contracts in this state. 377 (60)(58)“Principal” means and includes the sole proprietor 378 of a sole proprietorship; all partners of a partnership; all 379 members of a limited liability company; regarding a corporation, 380 all directors and officers, and all stockholders controlling 381 more than 10 percent of the voting stock; and all other persons 382 who can exercise control over the person or entity. 383 (61)(59)“Processing” means the reduction of identifiable 384 bone fragments after the completion of the cremation process to 385 unidentifiable bone fragments by manual means. 386 (62)(60)“Profession” and “occupation” are used 387 interchangeably in this chapter. The use of the word 388 “profession” in this chapter with respect to any activities 389 regulated under this chapter shall not be deemed to mean that 390 such activities are not occupations for other purposes in state 391 or federal law. 392 (63)(61)“Pulverization” means the reduction of 393 identifiable bone fragments after the completion of the 394 cremation and processing to granulated particles by manual or 395 mechanical means. 396 (64)(62)“Refrigeration facility” means a facility that is 397 operated independently of a funeral establishment, crematory, or 398 direct disposal establishment, that maintains space and 399 equipment for the storage and refrigeration of dead human 400 bodies, and that offers its service to funeral directors, 401 funeral establishments, direct disposers, direct disposal 402 establishments, or crematories for a fee. 403 (65)(63)“Religious institution” means an organization 404 formed primarily for religious purposes that has qualified for 405 exemption from federal income tax as an exempt organization 406 under the provisions of s. 501(c)(3) of the Internal Revenue 407 Code of 1986, as amended. 408 (66)(64)“Removal service” means any service that operates 409 independently of a funeral establishment or a direct disposal 410 establishment, that handles the initial removal of dead human 411 bodies, and that offers its service to funeral establishments 412 and direct disposal establishments for a fee. 413 (67)(65)“Rules” refers to rules adopted under this chapter 414 unless expressly indicated to the contrary. 415 (68)(66)“Scattering garden” means a location set aside, 416 within a cemetery, that is used for the spreading or 417 broadcasting of cremated remains that have been removed from 418 their container and can be mixed with or placed on top of the 419 soil or ground cover or buried in an underground receptacle on a 420 commingled basis and that are nonrecoverable. It may or may not 421 include memorialization. 422 (69)(67)“Servicing agent” means any person acting as an 423 independent contractor whose fiduciary responsibility is to 424 assist both the trustee and licensee in administrating their 425 responsibilities pursuant to this chapter. 426 (70)(68)“Solicitation” means any communication that 427 directly or implicitly requests an immediate oral response from 428 the recipient. 429 (71)(69)“Statutory accounting” means generally accepted 430 accounting principles, except as modified by this chapter. 431 (72)(70)“Temporary container” means a receptacle for 432 cremated remains usually made of cardboard, plastic, or similar 433 material designated to hold the cremated remains until an urn or 434 other permanent container is acquired. 435 (73) “Unclaimed remains” means human remains that are not 436 claimed by a legally authorized person, other than a medical 437 examiner or the board of county commissioners, for final 438 disposition at the person’s expense. 439 (74)(71)“Urn” means a receptacle designed to permanently 440 encase cremated remains. 441 Section 3. Section 406.50, Florida Statutes, is 442 transferred, renumbered as section 497.701, Florida Statutes, 443 and amended to read: 444 497.701406.50Unclaimeddead bodies or humanremains; 445 disposition, procedure.— 446 (1) A person or entity that comesAll public officers,447agents, or employees of every county, city, village, town, or448municipality and every person in charge of any prison, morgue,449hospital, funeral parlor, or mortuary and all other persons450cominginto possession, charge, or control of unclaimedany dead451human body orremains thatwhich are unclaimed or whichare 452 required to be buried or cremated at public expense shallare453hereby required to notify,immediately notify,the anatomical 454 board, unless: 455 (a) The unclaimed remains are decomposed or mutilated by 456 wounds; 457 (b) An autopsy is performed on the remains; 458 (c) The remains containwhenever any such body, bodies, or459remains come into its possession, charge, or control.460Notification of the anatomical board is not required if the461death was caused by crushing injury, the deceased hada 462 contagious disease; 463 (d) A legally authorized person, an autopsy was required to464determine cause of death, the body was in a state of severe465decomposition, or a family memberobjects to use of the remains 466bodyfor medical education and research; or 467 (e) The deceased person was a veteran of the United States 468 Armed Forces, United States Reserve Forces, or National Guard 469 and is eligible for burial in a national cemetery or was the 470 spouse or dependent child of a veteran eligible for burial in a 471 national cemetery. 472 (2)(1)Before the final disposition of unclaimed remains, 473 the person or entity in charge or control of thedead body or474humanremains shall make a reasonable effort todetermine: 475 (a) Determine the identity of the deceased person andshall476further make a reasonable effort tocontact any relatives of the 477suchdeceased person. 478 (b) Determine whetheror notthe deceased person is 479 eligible under 38 C.F.R. s. 38.620 forentitled toburial in a 480 national cemetery as a veteran of the armed forces and, if 481 eligibleso, to cause the deceased person’s remains or cremated 482 remains to be delivered to a national cemeteryshall make483arrangements for such burial services in accordance with the484provisions of 38 C.F.R. 485 486 For purposes of this subsection, “a reasonable effort” includes 487 contacting the National Cemetery Scheduling Office and the 488 county veterans service office or regional office of the United 489 States Department of Veterans Affairs. 490 (3)(2)Unclaimed remainsSuch dead human bodies as491described in this chaptershall be delivered to the anatomical 492 board as soon as possible after death. When no family exists or 493 is available, a funeral director licensed under this chapter may 494 assume the responsibility of a legally authorized person and 495 may, after 48 hours have elapsed from the time of death, 496 authorize arterial embalming for the purposes of storage and 497 delivery of unclaimed remains to the anatomical board. A funeral 498 director licensed under this chapter is not liable for damages 499 under this subsection. 500 (4) The remains of a deceased person whose identity is not 501 known may not be cremated, donated as an anatomical gift, buried 502 at sea, or removed from the state. 503 (5) If the anatomical board does not accept the unclaimed 504 remains, the county commission, or its designated county 505 department, of the county in which the remains are found or the 506 death occurred may authorize and arrange for the burial or 507 cremation of the entire remains. A board of county commissioners 508 may, in accordance with applicable laws and rules, prescribe 509 policies and procedures for final disposition of unclaimed 510 remains by resolution or ordinance. 511 (6)(3)This part does notNothing herein shallaffect the 512 right of a medical examiner to hold humansuchdead body or513 remains for the purpose of investigating the cause of death or,514nor shall this chapter affectthe right of any court of 515 competent jurisdiction to enter an order affecting the 516 disposition of suchbody orremains. 517(4) In the event more than one legally authorized person518claims a body for interment, the requests shall be prioritized519in accordance with s.732.103.520 521For purposes of this chapter, the term “anatomical board” means522the anatomical board of this state located at the University of523Florida Health Science Center, and the term “unclaimed” means a524dead body or human remains that is not claimed by a legally525authorized person, as defined in s.497.005, for interment at526that person’s expense.527 Section 4. Section 406.51, Florida Statutes, is 528 transferred, renumbered as section 497.703, Florida Statutes, 529 and amended to read: 530 497.703406.51Final disposition of unclaimed deceased 531 veterans; contract requirements.—Any contract by a local 532 governmental entity for the final dispositiondisposalof 533 unclaimedhumanremains must provide for compliance with s. 534 497.701(2)406.50(1)and require that the procedures in 38 535 C.F.R. s. 38.620, relating to disposition of unclaimed deceased 536 veterans, arebefollowed. 537 Section 5. Section 406.52, Florida Statutes, is 538 transferred, renumbered as section 497.705, Florida Statutes, 539 and amended to read: 540 (Substantial rewording of section. See 541 s. 406.52, F.S., for present text.) 542 497.705 Retention of human remains before use; claim after 543 delivery to anatomical board; procedures for unclaimed remains 544 of indigent persons.— 545 (1) The anatomical board shall keep in storage all human 546 remains that it receives for at least 48 hours before allowing 547 their use for medical education and research. The anatomical 548 board may, for any reason, refuse to accept unclaimed remains or 549 the remains of an indigent person. 550 (2) At any time before their use for medical education or 551 research, human remains delivered to the anatomical board may be 552 claimed by a legally authorized person. The anatomical board 553 shall release the remains to the legally authorized person after 554 payment of the anatomical board’s expenses incurred for 555 transporting, embalming, and storing the remains. 556 (3)(a) A board of county commissioners may, in accordance 557 with applicable laws and rules, prescribe policies and 558 procedures for the final disposition of the unclaimed remains of 559 an indigent person whose remains are found, or whose death 560 occurred in the county, by resolution or ordinance. 561 (b) A person licensed under this chapter is not liable for 562 any damages resulting from cremating or burying such human 563 remains at the written direction of the board of county 564 commissioners or its designee. 565 Section 6. Section 406.53, Florida Statutes, is 566 transferred, renumbered as section 497.707, Florida Statutes, 567 and amended to read: 568 (Substantial rewording of section. See 569 s. 406.53, F.S., for present text.) 570 497.707 Unclaimed remains of indigent person; exemption 571 from notice to the anatomical board.—A county commission or 572 designated county department that receives a report of the 573 unclaimed remains of an indigent person, notwithstanding s. 574 497.701(1), is not required to notify the anatomical board of 575 the remains if: 576 (1) The indigent person’s remains are decomposed or 577 mutilated by wounds; 578 (2) A legally authorized person or a relative by blood or 579 marriage claims the remains for final disposition at his or her 580 expense or, if such relative or legally authorized person is 581 also an indigent person, in a manner consistent with the 582 policies and procedures of the board of county commissioners of 583 the county in which the remains are found or the death occurred; 584 (3) The deceased person was a veteran of the United States 585 Armed Forces, United States Reserve Forces, or National Guard 586 and is eligible for burial in a national cemetery or was the 587 spouse or dependent child of a veteran eligible for burial in a 588 national cemetery; or 589 (4) A funeral director licensed under this chapter 590 certifies that the anatomical board has been notified and either 591 accepted or declined the remains. 592 Section 7. Section 406.55, Florida Statutes, is 593 transferred, renumbered as section 497.709, Florida Statutes, 594 and amended to read: 595 497.709406.55Contracts for delivery of human remainsbody596 after death prohibited.—The anatomical board may not enteris597specifically prohibited from enteringinto any contract, oral or 598 written, that provides forwherebyany sum of money toshallbe 599 paid to any living person in exchange forwhichthe delivery of 600 that person’s remainsbody of said person shall be deliveredto 601 the anatomical board when thesuch livingperson dies. 602 Section 8. Section 406.56, Florida Statutes, is 603 transferred, renumbered as section 497.711, Florida Statutes, 604 and amended to read: 605 497.711406.56Acceptance of human remainsbodiesunder 606 will.—If any personbeingof sound mind executesshall executea 607 will leaving his or her remainsbodyto the anatomical board for 608the advancement ofmedical education and researchscienceand 609 thesuchperson dies within the geographical limits of the 610 state, the anatomical board mayis hereby empowered toaccept 611 and receive the person’s remainssuch body. 612 Section 9. Section 406.57, Florida Statutes, is 613 transferred, renumbered as section 497.713, Florida Statutes, 614 and amended to read: 615 497.713406.57Distribution of human remainsdead bodies. 616 The anatomical board or its duly authorized agent shall take and 617 receive human remainsthe bodiesdelivered to it as provided in 618under the provisions ofthis chapter and shall: 619 (1) Distribute the remainsthemequitablyto andamong the 620 medical and dental schools, teaching hospitals, medical 621 institutions, and health-related teaching programs that require 622 cadaveric material for study; or 623 (2) Loan the remainssame may be loaned for examination or624study purposesto recognized associations of licensed embalmers 625 or funeral directors, or medical or dental examining boards, for 626 educational or research purposesat the discretion of the627anatomical board. 628 Section 10. Section 406.58, Florida Statutes, is 629 transferred, renumbered as section 497.715, Florida Statutes, 630 and amended to read: 631 497.715406.58Fees; authority to accept additional funds; 632 annual audit.— 633 (1) The anatomical board may: 634 (a) Adoptis empowered to prescribea schedule of fees to 635 be collected from the institution or association to which the 636 human remainsbodies, as described in this chapter,are 637 distributed or loaned to defray the costs of obtaining and 638 preparing the remainssuch bodies. 639 (b)(2) The anatomical board is hereby empowered toReceive 640 money from public or private sources, in addition to the fees 641 collected from the institution or association to which human 642 remainsthe bodiesare distributed, to be used to defray the 643 costs of embalming, handling, shipping, storing, cremating, and 644 otherwisestorage, cremation, and other costs relating to the645 obtaining and using the remains.use of such bodies as described646in this chapter; the anatomical board is empowered to647 (c) Pay the reasonable expenses, as determined by the 648 anatomical board, incurred by a funeral establishment or removal 649 service licensed under this chapterany persondelivering human 650 remainsthe bodies as described in this chapterto the 651 anatomical board.and is further empowered to652 (d) Enter into contracts and perform such other actsas are653 necessary fortothe proper performance of its duties.;654 (2) The Department of Financial Services shall keep and 655 annually audit a complete record of all fees and other financial 656 transactions of thesaidanatomical board and shall annually 657 submitbe kept and audited annually by the Department of658Financial Services, anda report of thesuchauditshall be made659annuallyto the University of Florida. 660 Section 11. Section 406.59, Florida Statutes, is 661 transferred, renumbered as section 497.717, Florida Statutes, 662 and amended to read: 663 497.717406.59Institutions receiving human remains 664bodies.—ANouniversity, school, college, teaching hospital, 665 institution, or association may notshall be allowed or666permitted toreceive any human remainssuch body or bodies as667described in this chapteruntil its facilities arehave been668 inspected and approved by the anatomical board. Human remains 669All such bodiesreceived by such university, school, college, 670 teaching hospital, institution, or association may notshallbe 671 used for anyno otherpurpose other thanthe promotion of672 medical education and researchscience. 673 Section 12. Section 406.60, Florida Statutes, is 674 transferred, renumbered as section 497.719, Florida Statutes, 675 and amended to read: 676 497.719406.60Disposition of human remainsbodiesafter 677 use.—At any timeWhen human remainsany body or bodies or part678or parts of any body or bodies, as described in this chapter,679shallhave been used for, and are notdeemedof anynofurther 680 value to, medical or dental science,thenthe personor persons681 having charge of the remainssaid body or parts of said bodymay 682 dispose of the remains or any part thereof by cremation. 683 Section 13. Section 406.61, Florida Statutes, is 684 transferred, renumbered as section 497.721, Florida Statutes, 685 and amended to read: 686 497.721406.61Selling, buying, or conveying human remains 687bodiesoutside or within state prohibited; exceptions;,688 penalty.— 689 (1) Any person who sells or buys human remains or any part 690 thereof,body or parts of bodies as described in this chapteror 691 any person except a recognized Florida medical or dental school 692 who transmits or conveys or causes to be transmitted or conveyed 693 such remainsbodyor part thereofparts of bodiesto any place 694 outside or within this state, commits a misdemeanor of the first 695 degree, punishable as provided in s.ss.775.082 or s.and696 775.083. However, this chapter does not prohibit the anatomical 697 board from transporting human remainsspecimensoutside the 698 state for educational or scientific purposes or prohibit the 699 transport of human remains, any part of such remainsbodies,700parts of bodies, or tissue specimens for purposesin furtherance701 of lawful examination, investigation, or autopsy conducted 702 pursuant to s. 406.11. Any person, institution, or organization 703 that conveys human remainsbodiesor any part thereof within, 704parts of bodiesinto, or out of the state for medical education 705 or research purposes mustshallnotify the anatomical board of 706 such intent and receive approval from the anatomical board. 707 (2) Any entity accredited by the American Association of 708 Museums may convey plastinated human remainsbodiesor any part 709 thereofparts of bodiesinto or out of the state for exhibition 710 and public educational purposes without the consent of the 711 anatomical board if the accredited entity: 712 (a) Notifies the anatomical board of the conveyance and the 713 duration and location of the exhibition at least 30 days before 714 the intended conveyance. 715 (b) Submits to the anatomical board a description of the 716 remainsbodiesor any part thereofparts of bodiesand the name 717 and address of the company providing the remainsbodiesor any 718 part thereofparts of bodies. 719 (c) Submits to the anatomical board documentation that the 720 remains wereeach body wasdonated by the decedent or his or her 721 next of kin for purposes of plastination and public exhibition, 722 or, in lieu of such documentation, an affidavit stating that the 723 remains wereeach body wasdonated directly by the decedent or 724 his or her next of kin for such purposes to the company 725 providing the remainsbodyand that such company has a donation 726 form on file for the remainsbody. 727 (3) Notwithstanding paragraph (2)(c) and in lieu of the 728 documentation or affidavit required under paragraph (2)(c),for729a plastinated body that, before July 1, 2009, was exhibited in730this state byany entity accredited by the American Association 731 of Museums that exhibited plastinated human remains in this 732 state before July 1, 2009,such an accredited entitymay submit 733 an affidavit to the anatomical board stating that the remains 734 werebody waslegally acquired and that the company providing 735 the remainsbodyhas acquisition documentation on file for the 736 remainsbody. This subsection expires January 1, 2012. 737 Section 14. Section 406.54, Florida Statutes, is repealed. 738 Section 15. This act shall take effect July 1, 2011.