Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 956
       
       
       
       
       
       
                                Barcode 317402                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/08/2012           .                                
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       The Committee on Regulated Industries (Thrasher) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 406.49, Florida Statutes, is created to
    6  read:
    7         406.49 Definitions.—As used in this part, the term:
    8         (1) “Anatomical board” means the anatomical board of the
    9  state headquartered at the University of Florida Health Science
   10  Center.
   11         (2) “Cremated remains” has the same meaning as in s.
   12  497.005.
   13         (3) “Final disposition” has the same meaning as in s.
   14  497.005.
   15         (4) “Human remains” or “remains” has the same meaning as in
   16  s. 497.005.
   17         (5) “Indigent person” means a person whose family income
   18  does not exceed 100 percent of the current federal poverty
   19  guidelines prescribed for the family’s household size by the
   20  United States Department of Health and Human Services.
   21         (6) “Legally authorized person” has the same meaning as in
   22  s. 497.005.
   23         (7) “Unclaimed remains” means human remains that are not
   24  claimed by a legally authorized person, other than a medical
   25  examiner or the board of county commissioners, for final
   26  disposition at the person’s expense.
   27         Section 2. Section 406.50, Florida Statutes, is amended to
   28  read:
   29         406.50 Unclaimed dead bodies or human remains; disposition,
   30  procedure.—
   31         (1) A person or entity that comes All public officers,
   32  agents, or employees of every county, city, village, town, or
   33  municipality and every person in charge of any prison, morgue,
   34  hospital, funeral parlor, or mortuary and all other persons
   35  coming into possession, charge, or control of unclaimed any dead
   36  human body or remains that which are unclaimed or which are
   37  required to be buried or cremated at public expense shall are
   38  hereby required to notify, immediately notify, the anatomical
   39  board, unless:
   40         (a) The unclaimed remains are decomposed or mutilated by
   41  wounds;
   42         (b) An autopsy is performed on the remains;
   43         (c) The remains contain whenever any such body, bodies, or
   44  remains come into its possession, charge, or control.
   45  Notification of the anatomical board is not required if the
   46  death was caused by crushing injury, the deceased had a
   47  contagious disease;
   48         (d) A legally authorized person, an autopsy was required to
   49  determine cause of death, the body was in a state of severe
   50  decomposition, or a family member objects to use of the remains
   51  body for medical education or and research; or
   52         (e) The deceased person was a veteran of the United States
   53  Armed Forces, United States Reserve Forces, or National Guard
   54  and is eligible for burial in a national cemetery or was the
   55  spouse or dependent child of a veteran eligible for burial in a
   56  national cemetery.
   57         (2)(1)Before the final disposition of unclaimed remains,
   58  the person or entity in charge or control of the dead body or
   59  human remains shall make a reasonable effort to determine:
   60         (a) Determine the identity of the deceased person and shall
   61  further make a reasonable effort to contact any relatives of the
   62  such deceased person.
   63         (b) Determine whether or not the deceased person is
   64  eligible under 38 C.F.R. s. 38.620 for entitled to burial in a
   65  national cemetery as a veteran of the armed forces and, if
   66  eligible so, to cause the deceased person’s remains or cremated
   67  remains to be delivered to a national cemetery shall make
   68  arrangements for such burial services in accordance with the
   69  provisions of 38 C.F.R.
   70  
   71  For purposes of this subsection, “a reasonable effort” includes
   72  contacting the National Cemetery Scheduling Office, the county
   73  veterans service office, or the regional office of the United
   74  States Department of Veterans Affairs.
   75         (3)(2)Unclaimed remains Such dead human bodies as
   76  described in this chapter shall be delivered to the anatomical
   77  board as soon as possible after death. When no family exists or
   78  is available, a funeral director licensed under chapter 497 may
   79  assume the responsibility of a legally authorized person and
   80  may, after 24 hours have elapsed from the time of death,
   81  authorize arterial embalming for the purposes of storage and
   82  delivery of unclaimed remains to the anatomical board. A funeral
   83  director licensed under chapter 497 is not liable for damages
   84  under this subsection.
   85         (4) The remains of a deceased person whose identity is not
   86  known may not be cremated, donated as an anatomical gift, buried
   87  at sea, or removed from the state.
   88         (5) If the anatomical board does not accept the unclaimed
   89  remains, the county commission, or its designated county
   90  department, of the county in which the remains are found or the
   91  death occurred may authorize and arrange for the burial or
   92  cremation of the entire remains. A board of county commissioners
   93  may, in accordance with applicable laws and rules, prescribe
   94  policies and procedures for final disposition of unclaimed
   95  remains by resolution or ordinance.
   96         (6)(3)This part does not Nothing herein shall affect the
   97  right of a medical examiner to hold human such dead body or
   98  remains for the purpose of investigating the cause of death or,
   99  nor shall this chapter affect the right of any court of
  100  competent jurisdiction to enter an order affecting the
  101  disposition of such body or remains.
  102         (4) In the event more than one legally authorized person
  103  claims a body for interment, the requests shall be prioritized
  104  in accordance with s. 732.103.
  105  
  106  For purposes of this chapter, the term “anatomical board” means
  107  the anatomical board of this state located at the University of
  108  Florida Health Science Center, and the term “unclaimed” means a
  109  dead body or human remains that is not claimed by a legally
  110  authorized person, as defined in s. 497.005, for interment at
  111  that person’s expense.
  112         Section 3. Section 406.51, Florida Statutes, is amended to
  113  read:
  114         406.51 Final disposition of unclaimed deceased veterans;
  115  contract requirements.—Any contract by a local governmental
  116  entity for the final disposition disposal of unclaimed human
  117  remains must provide for compliance with s. 406.50(2)(1) and
  118  require that the procedures in 38 C.F.R. s. 38.620, relating to
  119  disposition of unclaimed deceased veterans, are be followed.
  120         Section 4. Section 406.52, Florida Statutes, is amended to
  121  read:
  122         (Substantial rewording of section. See
  123         s. 406.52, F.S., for present text.)
  124         406.52 Retention of human remains before use; claim after
  125  delivery to anatomical board; procedures for unclaimed remains
  126  of indigent persons.—
  127         (1) The anatomical board shall keep in storage all human
  128  remains that it receives for at least 48 hours before allowing
  129  their use for medical education or research. Human remains may
  130  be embalmed when received. The anatomical board may, for any
  131  reason, refuse to accept unclaimed remains or the remains of an
  132  indigent person.
  133         (2) At any time before their use for medical education or
  134  research, human remains delivered to the anatomical board may be
  135  claimed by a legally authorized person. The anatomical board
  136  shall release the remains to the legally authorized person after
  137  payment of the anatomical board’s expenses incurred for
  138  transporting, embalming, and storing the remains.
  139         (3)(a) A board of county commissioners may, in accordance
  140  with applicable laws and rules, prescribe policies and
  141  procedures for the burial or cremation of the entire unclaimed
  142  remains of an indigent person whose remains are found, or whose
  143  death occurred in the county, by resolution or ordinance.
  144         (b) A person licensed under chapter 497 is not liable for
  145  any damages resulting from cremating or burying such human
  146  remains at the written direction of the board of county
  147  commissioners or its designee.
  148         Section 5. Section 406.53, Florida Statutes, is amended to
  149  read:
  150         (Substantial rewording of section. See
  151         s. 406.53, F.S., for present text.)
  152         406.53 Unclaimed remains of indigent person; exemption from
  153  notice to the anatomical board.—A county commission or
  154  designated county department that receives a report of the
  155  unclaimed remains of an indigent person, notwithstanding s.
  156  406.50(1), is not required to notify the anatomical board of the
  157  remains if:
  158         (1) The indigent person’s remains are decomposed or
  159  mutilated by wounds or if an autopsy is performed on the
  160  remains;
  161         (2) A legally authorized person or a relative by blood or
  162  marriage claims the remains for final disposition at his or her
  163  expense or, if such relative or legally authorized person is
  164  also an indigent person, in a manner consistent with the
  165  policies and procedures of the board of county commissioners of
  166  the county in which the remains are found or the death occurred;
  167         (3) The deceased person was a veteran of the United States
  168  Armed Forces, United States Reserve Forces, or National Guard
  169  and is eligible for burial in a national cemetery or was the
  170  spouse or dependent child of a veteran eligible for burial in a
  171  national cemetery; or
  172         (4) A funeral director licensed under chapter 497 certifies
  173  that the anatomical board has been notified and either accepted
  174  or declined the remains.
  175         Section 6. Section 406.55, Florida Statutes, is amended to
  176  read:
  177         406.55 Contracts for delivery of human remains body after
  178  death prohibited.—The anatomical board may not enter is
  179  specifically prohibited from entering into any contract, oral or
  180  written, that provides for whereby any sum of money to shall be
  181  paid to any living person in exchange for which the delivery of
  182  that person’s remains body of said person shall be delivered to
  183  the anatomical board when the such living person dies.
  184         Section 7. Section 406.56, Florida Statutes, is amended to
  185  read:
  186         406.56 Acceptance of human remains bodies under will.—If
  187  any person being of sound mind executes shall execute a will
  188  leaving his or her remains body to the anatomical board for the
  189  advancement of medical education or research science and the
  190  such person dies within the geographical limits of the state,
  191  the anatomical board may is hereby empowered to accept and
  192  receive the person’s remains such body.
  193         Section 8. Section 406.57, Florida Statutes, is amended to
  194  read:
  195         406.57 Distribution of human remains dead bodies.—The
  196  anatomical board or its duly authorized agent shall take and
  197  receive human remains the bodies delivered to it as provided in
  198  under the provisions of this chapter and shall:
  199         (1) Distribute the remains them equitably to and among the
  200  medical and dental schools, teaching hospitals, medical
  201  institutions, and health-related teaching programs that require
  202  cadaveric material for study; or
  203         (2) Loan the remains same may be loaned for examination or
  204  study purposes to accredited colleges of mortuary science
  205  recognized associations of licensed embalmers or funeral
  206  directors, or medical or dental examining boards for educational
  207  or research purposes at the discretion of the anatomical board.
  208         Section 9. Section 406.58, Florida Statutes, is amended to
  209  read:
  210         406.58 Fees; authority to accept additional funds; annual
  211  audit.—
  212         (1) The anatomical board may:
  213         (a) Adopt is empowered to prescribe a schedule of fees to
  214  be collected from the institutions institution or association to
  215  which the human remains bodies, as described in this chapter,
  216  are distributed or loaned to defray the costs of obtaining and
  217  preparing the remains such bodies.
  218         (b)(2)The anatomical board is hereby empowered to Receive
  219  money from public or private sources, in addition to the fees
  220  collected from the institutions institution or association to
  221  which human remains the bodies are distributed, to be used to
  222  defray the costs of embalming, handling, shipping, storing,
  223  cremating, and otherwise storage, cremation, and other costs
  224  relating to the obtaining and using the remains. use of such
  225  bodies as described in this chapter; the anatomical board is
  226  empowered to
  227         (c) Pay the reasonable expenses, as determined by the
  228  anatomical board, incurred by a funeral establishment licensed
  229  under chapter 497 transporting unclaimed human remains any
  230  person delivering the bodies as described in this chapter to the
  231  anatomical board. and is further empowered to
  232         (d) Enter into contracts and perform such other acts as are
  233  necessary for to the proper performance of its duties.;
  234         (2) The Department of Financial Services shall keep and
  235  annually audit a complete record of all fees and other financial
  236  transactions of the said anatomical board and shall annually
  237  submit be kept and audited annually by the Department of
  238  Financial Services, and a report of the such audit shall be made
  239  annually to the University of Florida.
  240         Section 10. Section 406.59, Florida Statutes, is amended to
  241  read:
  242         406.59 Institutions receiving human remains bodies.—A No
  243  university, school, college, teaching hospital, or institution
  244  may not, or association shall be allowed or permitted to receive
  245  any human remains from the anatomical board such body or bodies
  246  as described in this chapter until its facilities are have been
  247  inspected and approved by the anatomical board. Human remains
  248  All such bodies received by such university, school, college,
  249  teaching hospital, or institution may not, or association shall
  250  be used for any no other purpose other than the promotion of
  251  medical education or research science.
  252         Section 11. Section 406.60, Florida Statutes, is amended to
  253  read:
  254         406.60 Disposition of human remains bodies after use.—At
  255  any time When human remains any body or bodies or part or parts
  256  of any body or bodies, as described in this chapter, shall have
  257  been used for, and are not deemed of any no further value to,
  258  medical or dental education or research science, then the
  259  anatomical board or a cinerator facility licensed under chapter
  260  497 person or persons having charge of said body or parts of
  261  said body may dispose of the remains or any part thereof by
  262  cremation.
  263         Section 12. Section 406.61, Florida Statutes, is amended to
  264  read:
  265         406.61 Selling, buying, bartering, or conveying human
  266  remains bodies outside or within state prohibited; exceptions;,
  267  penalty.—
  268         (1) Any person who sells, or buys, or barters human remains
  269  or any part thereof, body or parts of bodies as described in
  270  this chapter or any person except a recognized Florida medical
  271  or dental school who transmits or conveys or causes to be
  272  transmitted or conveyed such remains body or part thereof parts
  273  of bodies to any place outside or within this state, commits a
  274  misdemeanor of the first degree, punishable as provided in s.
  275  ss. 775.082 or s. and 775.083. However, this chapter does not
  276  prohibit the anatomical board from transporting human remains
  277  specimens outside or within the state for educational or
  278  scientific purposes or prohibit the transport of human remains,
  279  any part of such remains bodies, parts of bodies, or tissue
  280  specimens for purposes in furtherance of lawful examination,
  281  investigation, or autopsy conducted pursuant to s. 406.11.
  282         (2) Any nontransplant anatomical donation organization
  283  accredited by the American Association of Tissue Banks or an
  284  accredited medical or dental college or university may convey
  285  human remains person, institution, or organization that conveys
  286  bodies or any part thereof within, parts of bodies into, or out
  287  of the state for medical or dental education or research
  288  purposes. A nontransplant anatomical donation organization need
  289  not be accredited as required by this section until July 1,
  290  2013. The organization or accredited medical or dental college
  291  or university must shall notify the anatomical board at least 3
  292  business days before the entity intends to convey of such
  293  remains intent and must receive approval from the anatomical
  294  board before conveyance. If the 3rd business day falls on a
  295  weekend or legal holiday, the next business day is deemed to be
  296  the 3rd business day. The anatomical board shall require the
  297  following information to be submitted by the entity before
  298  approval:
  299         (a) The name, physical location, and date of the course,
  300  conference, or seminar and the organization or facility
  301  receiving the remains or specimens, including the physical
  302  address and telephone number.
  303         (b) A description and intended use of the remains or
  304  specimens.
  305         (c) The name, physical address, and telephone number of the
  306  organization or facility supplying specimens and handling the
  307  transfer of the remains or specimens.
  308         (d) Documentation from a legally authorized person who may
  309  make an anatomical gift pursuant to s. 765.512 authorizing its
  310  use in medical or dental education or research. If the remains
  311  or any part thereof is to be segmented or disarticulated, such
  312  documentation must include the legally authorized person’s
  313  specific consent and must describe any part of the remains that
  314  is to be segmented or disarticulated. An exception to the
  315  documentation requirements of this paragraph may be made for
  316  specimens being shipped into the state, in which case an
  317  affidavit may be submitted by an accredited nontransplant
  318  anatomical organization as provided in this section stating that
  319  the organization has donation and consent forms on file for the
  320  remains from which each specimen has been provided specifically
  321  authorizing segmentation or disarticulation of the remains. The
  322  affidavit must also state that no specimen being shipped into
  323  the state has been received from a second party.
  324         (e) An outline of the security measures in place for
  325  maintaining control of and safeguarding the remains or specimens
  326  at the organization or facility before, during, and after the
  327  course, conference, or seminar.
  328         (f) The procedures for disposal of the remains or specimens
  329  after the course, conference, or seminar is concluded or after
  330  the organization or facility receiving the remains or specimens
  331  has completed their use, including the name, address, and
  332  telephone number of the entity responsible for performing
  333  cremation.
  334  
  335  The anatomical board shall grant or deny requests for approval
  336  within 3 business days after receipt of the required
  337  information. Failure to provide such information is grounds for
  338  denial of the request. If the request is not approved or denied
  339  within 3 business days after receipt, it is deemed approved. If
  340  the 3rd business day falls on a weekend or legal holiday, the
  341  next business day is deemed to be the 3rd business day. If the
  342  anatomical board denies a request, it must provide a written
  343  statement of the reasons for denial.
  344         (3)(2) Any entity accredited by the American Association of
  345  Museums may convey plastinated human remains bodies or any part
  346  thereof within, parts of bodies into, or out of the state for
  347  exhibition and public educational purposes without the consent
  348  of the anatomical board if the accredited entity:
  349         (a) Notifies the anatomical board of the conveyance and the
  350  duration and location of the exhibition at least 30 days before
  351  the intended conveyance.
  352         (b) Submits to the anatomical board a description of the
  353  remains bodies or any part thereof parts of bodies and the name
  354  and address of the company providing the remains bodies or any
  355  part thereof parts of bodies.
  356         (c) Submits to the anatomical board documentation that the
  357  remains or each part thereof body was donated by the decedent or
  358  his or her next of kin for purposes of plastination and public
  359  exhibition, or, in lieu of such documentation, an affidavit
  360  stating that the remains or each part thereof body was donated
  361  directly by the decedent or his or her next of kin for such
  362  purposes to the company providing the remains body and that such
  363  company has a donation form on file for the remains body.
  364         (3) Notwithstanding paragraph (2)(c) and in lieu of the
  365  documentation or affidavit required under paragraph (2)(c), for
  366  a plastinated body that, before July 1, 2009, was exhibited in
  367  this state by any entity accredited by the American Association
  368  of Museums, such an accredited entity may submit an affidavit to
  369  the board stating that the body was legally acquired and that
  370  the company providing the body has acquisition documentation on
  371  file for the body. This subsection expires January 1, 2012.
  372         Section 13. Section 406.54, Florida Statutes, is repealed.
  373         Section 14. Subsection (1) of section 765.513, Florida
  374  Statutes, is amended to read:
  375         765.513 Donees; purposes for which anatomical gifts may be
  376  made.—
  377         (1) The following persons or entities may become donees of
  378  anatomical gifts of bodies or parts of them for the purposes
  379  stated:
  380         (a) Any procurement organization or accredited medical or
  381  dental school, college, or university for education, research,
  382  therapy, or transplantation.
  383         (b) Any individual specified by name for therapy or
  384  transplantation needed by him or her.
  385         (c) The anatomical board as defined in s. 406.49(1) for
  386  donation of the whole body for medical or dental education or
  387  research.
  388         Section 15. This act shall take effect July 1, 2012.
  389  
  390  ================= T I T L E  A M E N D M E N T ================
  391         And the title is amended as follows:
  392         Delete everything before the enacting clause
  393  and insert:
  394                        A bill to be entitled                      
  395         An act relating to disposition of human remains;
  396         creating s. 406.49, F.S.; providing definitions;
  397         amending s. 406.50, F.S.; revising procedures for the
  398         reporting and disposition of unclaimed remains;
  399         prohibiting certain uses or dispositions of the
  400         remains of deceased persons whose identities are not
  401         known; amending s. 406.51, F.S.; requiring that local
  402         governmental contracts for the final disposition of
  403         unclaimed remains comply with certain federal
  404         regulations; conforming provisions to changes in
  405         terminology; conforming a cross-reference; amending s.
  406         406.52, F.S.; revising procedures for the anatomical
  407         board’s retention of human remains before their use;
  408         providing for claims by, and the release of human
  409         remains to, legally authorized persons after payment
  410         of certain expenses; authorizing county ordinances or
  411         resolutions for the final disposition of the unclaimed
  412         remains of indigent persons; limiting the liability of
  413         certain licensed persons for cremating or burying
  414         human remains under certain circumstances; amending s.
  415         406.53, F.S.; revising exceptions from requirements
  416         for notice to the anatomical board of the death of
  417         indigent persons; deleting a requirement that the
  418         Department of Health assess fees for the burial of
  419         certain bodies; amending ss. 406.55, 406.56, 406.57,
  420         406.58, and 406.59, F.S.; conforming provisions to
  421         changes made by the act; amending s. 406.60, F.S.;
  422         authorizing certain facilities to dispose of human
  423         remains by cremation; amending s. 406.61, F.S.;
  424         revising provisions prohibiting the selling, buying,
  425         or bartering of human remains or the transmitting or
  426         conveying of such remains outside the state to include
  427         application to transmissions and conveyances within
  428         the state; providing penalties; allowing certain
  429         accredited schools and organizations to convey human
  430         remains in or out of state for medical or research
  431         purposes; establishing criteria for the anatomical
  432         board to approve the conveyance of human remains;
  433         requiring documentation authorizing the use of an
  434         anatomical gift for medical or dental education or
  435         research purposes; deleting provisions relating to
  436         procedures for the conveyance of plastinated human
  437         remains into or out of the state pursuant to their
  438         scheduled expiration; conforming terminology;
  439         repealing s. 406.54, F.S., relating to claims of
  440         bodies after delivery to the anatomical board;
  441         amending s. 765.513, F.S.; revising the list of donees
  442         who may accept anatomical gifts and the purposes for
  443         which such a gift may be used; providing an effective
  444         date.