CS/HB 305

1
A bill to be entitled
2An act relating to the disposition of human remains;
3amending s. 497.005, F.S.; revising the term "legally
4authorized person" for purposes of the Florida Funeral,
5Cemetery, and Consumer Services Act; providing an
6effective date.
7
8Be It Enacted by the Legislature of the State of Florida:
9
10     Section 1.  Subsection (37) of section 497.005, Florida
11Statutes, is amended to read:
12     497.005  Definitions.-As used in this chapter:
13     (37)  "Legally authorized person" means, in the priority
14listed:,
15     (a)  The decedent, when written inter vivos authorizations
16and directions are provided by the decedent;
17     (b)  The person designated by the decedent as authorized to
18direct disposition pursuant to Pub. L. No. 109-163, s. 564, as
19listed on the decedent's United States Department of Defense
20Record of Emergency Data, DD Form 93, or its successor form, if
21the decedent died while serving military service as described in
2210 U.S.C. s. 1481(a)(1)-(8) in any branch of the United States
23Armed Forces, United States Reserve Forces, or National Guard;
24     (c)  The surviving spouse, unless the spouse has been
25arrested for committing against the deceased an act of domestic
26violence as defined in s. 741.28 that resulted in or contributed
27to the death of the deceased;
28     (d)  A son or daughter who is 18 years of age or older;
29     (e)  A parent;
30     (f)  A brother or sister who is 18 years of age or older;
31     (g)  A grandchild who is 18 years of age or older;
32     (h)  A grandparent; or
33     (i)  Any person in the next degree of kinship.
34
35In addition, the term may include, if no family member exists or
36is available, the guardian of the dead person at the time of
37death; the personal representative of the deceased; the attorney
38in fact of the dead person at the time of death; the health
39surrogate of the dead person at the time of death; a public
40health officer; the medical examiner, county commission, or
41administrator acting under part II of chapter 406 or other
42public administrator; a representative of a nursing home or
43other health care institution in charge of final disposition; or
44a friend or other person not listed in this subsection who is
45willing to assume the responsibility as the legally authorized
46person. Where there is a person in any priority class listed in
47this subsection, the funeral establishment shall rely upon the
48authorization of any one legally authorized person of that class
49if that person represents that she or he is not aware of any
50objection to the cremation of the deceased's human remains by
51others in the same class of the person making the representation
52or of any person in a higher priority class.
53     Section 2.  This act shall take effect upon becoming a law.


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