Florida Senate - 2012 SB 956
By Senator Hays
20-00931-12 2012956__
1 A bill to be entitled
2 An act relating to the disposition of human remains;
3 creating s. 406.49, F.S.; providing definitions;
4 amending s. 406.50, F.S.; revising procedures for the
5 reporting and disposition of unclaimed remains;
6 prohibiting certain uses or dispositions of the
7 remains of deceased persons whose identities are not
8 known; amending s. 406.51, F.S.; requiring that local
9 governmental contracts for the final disposition of
10 unclaimed remains comply with certain federal
11 regulations; conforming provisions to changes in
12 terminology; conforming a cross-reference; amending s.
13 406.52, F.S.; revising procedures for the anatomical
14 board’s retention of human remains before their use;
15 providing for claims by, and the release of human
16 remains to, legally authorized persons after payment
17 of certain expenses; authorizing county ordinances or
18 resolutions for the final disposition of the unclaimed
19 remains of indigent persons; limiting the liability of
20 certain licensed persons for cremating or burying
21 human remains under certain circumstances; amending s.
22 406.53, F.S.; revising exceptions from requirements
23 for notice to the anatomical board of the death of
24 indigent persons; deleting a requirement that the
25 Department of Health assess fees for the burial of
26 certain bodies; amending ss. 406.55, 406.56, 406.57,
27 406.58, and 406.59, F.S.; conforming provisions to
28 changes made by the act; amending s. 406.60, F.S.;
29 authorizing certain facilities to dispose of human
30 remains by cremation; amending s. 406.61, F.S.;
31 revising provisions prohibiting the selling, buying,
32 or bartering of human remains or the transmitting or
33 conveying of such remains outside the state to include
34 application to transmissions and conveyances within
35 the state; providing penalties; allowing certain
36 accredited schools and organizations to convey human
37 remains in or out of state for medical or research
38 purposes; requiring the anatomical board to establish
39 criteria to approve the conveyance of human remains;
40 requiring documentation authorizing the use of an
41 anatomical gift for medical or dental education or
42 research purposes; deleting provisions relating to
43 procedures for the conveyance of plastinated human
44 remains into or out of the state pursuant to their
45 scheduled expiration; conforming terminology;
46 repealing s. 406.54, F.S., relating to claims of
47 bodies after delivery to the anatomical board;
48 amending s. 765.513, F.S.; revising the list of donees
49 who may accept anatomical gifts and the purposes for
50 which such a gift may be used; providing an effective
51 date.
52
53 Be It Enacted by the Legislature of the State of Florida:
54
55 Section 1. Section 406.49, Florida Statutes, is created to
56 read:
57 406.49 Definitions.—As used in this part, the term:
58 (1) “Anatomical board” means the anatomical board of the
59 state headquartered at the University of Florida Health Science
60 Center.
61 (2) “Cremated remains” has the same meaning as in s.
62 497.005.
63 (3) “Final disposition” has the same meaning as in s.
64 497.005.
65 (4) “Human remains” or “remains” has the same meaning as in
66 s. 497.005.
67 (5) “Indigent person” means a person whose family income
68 does not exceed 100 percent of the current federal poverty
69 guidelines prescribed for the family’s household size by the
70 United States Department of Health and Human Services.
71 (6) “Legally authorized person” has the same meaning as in
72 s. 497.005.
73 (7) “Unclaimed remains” means human remains that are not
74 claimed by a legally authorized person, other than a medical
75 examiner or the board of county commissioners, for final
76 disposition at the person’s expense.
77 Section 2. Section 406.50, Florida Statutes, is amended to
78 read:
79 406.50 Unclaimed dead bodies or human remains; disposition,
80 procedure.—
81 (1) A person or entity that comes All public officers,
82 agents, or employees of every county, city, village, town, or
83 municipality and every person in charge of any prison, morgue,
84 hospital, funeral parlor, or mortuary and all other persons
85 coming into possession, charge, or control of unclaimed any dead
86 human body or remains that which are unclaimed or which are
87 required to be buried or cremated at public expense shall are
88 hereby required to notify, immediately notify, the anatomical
89 board, unless:
90 (a) The unclaimed remains are decomposed or mutilated by
91 wounds;
92 (b) An autopsy is performed on the remains;
93 (c) The remains contain whenever any such body, bodies, or
94 remains come into its possession, charge, or control.
95 Notification of the anatomical board is not required if the
96 death was caused by crushing injury, the deceased had a
97 contagious disease;
98 (d) A legally authorized person, an autopsy was required to
99 determine cause of death, the body was in a state of severe
100 decomposition, or a family member objects to use of the remains
101 body for medical education or and research; or
102 (e) The deceased person was a veteran of the United States
103 Armed Forces, United States Reserve Forces, or National Guard
104 and is eligible for burial in a national cemetery or was the
105 spouse or dependent child of a veteran eligible for burial in a
106 national cemetery.
107 (2)(1) Before the final disposition of unclaimed remains,
108 the person or entity in charge or control of the dead body or
109 human remains shall make a reasonable effort to determine:
110 (a) Determine the identity of the deceased person and shall
111 further make a reasonable effort to contact any relatives of the
112 such deceased person.
113 (b) Determine whether or not the deceased person is
114 eligible under 38 C.F.R. s. 38.620 for entitled to burial in a
115 national cemetery as a veteran of the armed forces and, if
116 eligible so, to cause the deceased person’s remains or cremated
117 remains to be delivered to a national cemetery shall make
118 arrangements for such burial services in accordance with the
119 provisions of 38 C.F.R.
120
121 For purposes of this subsection, “a reasonable effort” includes
122 contacting the National Cemetery Scheduling Office, the county
123 veterans service office, or the regional office of the United
124 States Department of Veterans Affairs.
125 (3)(2) Unclaimed remains Such dead human bodies as
126 described in this chapter shall be delivered to the anatomical
127 board as soon as possible after death. When no family exists or
128 is available, a funeral director licensed under chapter 497 may
129 assume the responsibility of a legally authorized person and
130 may, after 24 hours have elapsed from the time of death,
131 authorize arterial embalming for the purposes of storage and
132 delivery of unclaimed remains to the anatomical board. A funeral
133 director licensed under chapter 497 is not liable for damages
134 under this subsection.
135 (4) The remains of a deceased person whose identity is not
136 known may not be cremated, donated as an anatomical gift, buried
137 at sea, or removed from the state.
138 (5) If the anatomical board does not accept the unclaimed
139 remains, the county commission, or its designated county
140 department, of the county in which the remains are found or the
141 death occurred may authorize and arrange for the burial or
142 cremation of the entire remains. A board of county commissioners
143 may, in accordance with applicable laws and rules, prescribe
144 policies and procedures for final disposition of unclaimed
145 remains by resolution or ordinance.
146 (6)(3) This part does not Nothing herein shall affect the
147 right of a medical examiner to hold human such dead body or
148 remains for the purpose of investigating the cause of death or,
149 nor shall this chapter affect the right of any court of
150 competent jurisdiction to enter an order affecting the
151 disposition of such body or remains.
152 (4) In the event more than one legally authorized person
153 claims a body for interment, the requests shall be prioritized
154 in accordance with s. 732.103.
155
156 For purposes of this chapter, the term “anatomical board” means
157 the anatomical board of this state located at the University of
158 Florida Health Science Center, and the term “unclaimed” means a
159 dead body or human remains that is not claimed by a legally
160 authorized person, as defined in s. 497.005, for interment at
161 that person’s expense.
162 Section 3. Section 406.51, Florida Statutes, is amended to
163 read:
164 406.51 Final disposition of unclaimed deceased veterans;
165 contract requirements.—Any contract by a local governmental
166 entity for the final disposition disposal of unclaimed human
167 remains must provide for compliance with s. 406.50(2)(1) and
168 require that the procedures in 38 C.F.R. s. 38.620, relating to
169 disposition of unclaimed deceased veterans, are be followed.
170 Section 4. Section 406.52, Florida Statutes, is amended to
171 read:
172 (Substantial rewording of section. See
173 s. 406.52, F.S., for present text.)
174 406.52 Retention of human remains before use; claim after
175 delivery to anatomical board; procedures for unclaimed remains
176 of indigent persons.—
177 (1) The anatomical board shall keep in storage all human
178 remains that it receives for at least 48 hours before allowing
179 their use for medical education or research. The anatomical
180 board may, for any reason, refuse to accept unclaimed remains or
181 the remains of an indigent person.
182 (2) At any time before their use for medical education or
183 research, human remains delivered to the anatomical board may be
184 claimed by a legally authorized person. The anatomical board
185 shall release the remains to the legally authorized person after
186 payment of the anatomical board’s expenses incurred for
187 transporting, embalming, and storing the remains.
188 (3)(a) A board of county commissioners may, in accordance
189 with applicable laws and rules, prescribe policies and
190 procedures for the burial or cremation of the entire unclaimed
191 remains of an indigent person whose remains are found, or whose
192 death occurred in the county, by resolution or ordinance.
193 (b) A person licensed under chapter 497 is not liable for
194 any damages resulting from cremating or burying such human
195 remains at the written direction of the board of county
196 commissioners or its designee.
197 Section 5. Section 406.53, Florida Statutes, is amended to
198 read:
199 (Substantial rewording of section. See
200 s. 406.53, F.S., for present text.)
201 406.53 Unclaimed remains of indigent person; exemption from
202 notice to the anatomical board.—A county commission or
203 designated county department that receives a report of the
204 unclaimed remains of an indigent person, notwithstanding s.
205 406.50(1), is not required to notify the anatomical board of the
206 remains if:
207 (1) The indigent person’s remains are decomposed or
208 mutilated by wounds or if an autopsy is performed on the
209 remains;
210 (2) A legally authorized person or a relative by blood or
211 marriage claims the remains for final disposition at his or her
212 expense or, if such relative or legally authorized person is
213 also an indigent person, in a manner consistent with the
214 policies and procedures of the board of county commissioners of
215 the county in which the remains are found or the death occurred;
216 (3) The deceased person was a veteran of the United States
217 Armed Forces, United States Reserve Forces, or National Guard
218 and is eligible for burial in a national cemetery or was the
219 spouse or dependent child of a veteran eligible for burial in a
220 national cemetery; or
221 (4) A funeral director licensed under chapter 497 certifies
222 that the anatomical board has been notified and either accepted
223 or declined the remains.
224 Section 6. Section 406.55, Florida Statutes, is amended to
225 read:
226 406.55 Contracts for delivery of human remains body after
227 death prohibited.—The anatomical board may not enter is
228 specifically prohibited from entering into any contract, oral or
229 written, that provides for whereby any sum of money to shall be
230 paid to any living person in exchange for which the delivery of
231 that person’s remains body of said person shall be delivered to
232 the anatomical board when the such living person dies.
233 Section 7. Section 406.56, Florida Statutes, is amended to
234 read:
235 406.56 Acceptance of human remains bodies under will.—If
236 any person being of sound mind executes shall execute a will
237 leaving his or her remains body to the anatomical board for the
238 advancement of medical education or research science and the
239 such person dies within the geographical limits of the state,
240 the anatomical board may is hereby empowered to accept and
241 receive the person’s remains such body.
242 Section 8. Section 406.57, Florida Statutes, is amended to
243 read:
244 406.57 Distribution of human remains dead bodies.—The
245 anatomical board or its duly authorized agent shall take and
246 receive human remains the bodies delivered to it as provided in
247 under the provisions of this chapter and shall:
248 (1) Distribute the remains them equitably to and among the
249 medical and dental schools, teaching hospitals, medical
250 institutions, and health-related teaching programs that require
251 cadaveric material for study; or
252 (2) Loan the remains same may be loaned for examination or
253 study purposes to accredited colleges of mortuary science
254 recognized associations of licensed embalmers or funeral
255 directors, or medical or dental examining boards for educational
256 or research purposes at the discretion of the anatomical board.
257 Section 9. Section 406.58, Florida Statutes, is amended to
258 read:
259 406.58 Fees; authority to accept additional funds; annual
260 audit.—
261 (1) The anatomical board may:
262 (a) Adopt is empowered to prescribe a schedule of fees to
263 be collected from the institutions institution or association to
264 which the human remains bodies, as described in this chapter,
265 are distributed or loaned to defray the costs of obtaining and
266 preparing the remains such bodies.
267 (b)(2) The anatomical board is hereby empowered to Receive
268 money from public or private sources, in addition to the fees
269 collected from the institutions institution or association to
270 which human remains the bodies are distributed, to be used to
271 defray the costs of embalming, handling, shipping, storing,
272 cremating, and otherwise storage, cremation, and other costs
273 relating to the obtaining and using the remains. use of such
274 bodies as described in this chapter; the anatomical board is
275 empowered to
276 (c) Pay the reasonable expenses, as determined by the
277 anatomical board, incurred by a funeral establishment licensed
278 under chapter 497 transporting unclaimed human remains any
279 person delivering the bodies as described in this chapter to the
280 anatomical board. and is further empowered to
281 (d) Enter into contracts and perform such other acts as are
282 necessary for to the proper performance of its duties.;
283 (2) The Department of Financial Services shall keep and
284 annually audit a complete record of all fees and other financial
285 transactions of the said anatomical board and shall annually
286 submit be kept and audited annually by the Department of
287 Financial Services, and a report of the such audit shall be made
288 annually to the University of Florida.
289 Section 10. Section 406.59, Florida Statutes, is amended to
290 read:
291 406.59 Institutions receiving human remains bodies.—A No
292 university, school, college, teaching hospital, or institution
293 may not, or association shall be allowed or permitted to receive
294 any human remains from the anatomical board such body or bodies
295 as described in this chapter until its facilities are have been
296 inspected and approved by the anatomical board. Human remains
297 All such bodies received by such university, school, college,
298 teaching hospital, or institution may not, or association shall
299 be used for any no other purpose other than the promotion of
300 medical education or research science.
301 Section 11. Section 406.60, Florida Statutes, is amended to
302 read:
303 406.60 Disposition of human remains bodies after use.—At
304 any time When human remains any body or bodies or part or parts
305 of any body or bodies, as described in this chapter, shall have
306 been used for, and are not deemed of any no further value to,
307 medical or dental education or research science, then the
308 anatomical board or a cinerator facility licensed under chapter
309 497 person or persons having charge of said body or parts of
310 said body may dispose of the remains or any part thereof by
311 cremation.
312 Section 12. Section 406.61, Florida Statutes, is amended to
313 read:
314 406.61 Selling, buying, bartering, or conveying human
315 remains bodies outside or within state prohibited; exceptions;,
316 penalty.—
317 (1) Any person who sells, or buys, or barters human remains
318 or any part thereof, body or parts of bodies as described in
319 this chapter or any person except a recognized Florida medical
320 or dental school who transmits or conveys or causes to be
321 transmitted or conveyed such remains body or part thereof parts
322 of bodies to any place outside or within this state, commits a
323 misdemeanor of the first degree, punishable as provided in s.
324 ss. 775.082 or s. and 775.083. However, this chapter does not
325 prohibit the anatomical board from transporting human remains
326 specimens outside or within the state for educational or
327 scientific purposes or prohibit the transport of human remains,
328 any part of such remains bodies, parts of bodies, or tissue
329 specimens for purposes in furtherance of lawful examination,
330 investigation, or autopsy conducted pursuant to s. 406.11.
331 (2) Any nontransplant anatomical donation organization
332 accredited by the American Association of Tissue Banks or an
333 accredited medical or dental college or university may convey
334 human remains person, institution, or organization that conveys
335 bodies or any part thereof within, parts of bodies into, or out
336 of the state for medical or dental education or research
337 purposes. The organization must shall notify the anatomical
338 board at least 72 hours before the organization intends to
339 convey of such remains intent and must receive approval from the
340 anatomical board before conveyance. The anatomical board shall:
341 (a) Establish criteria for the information required to be
342 submitted by the organization to ensure the health and safety of
343 the public and grant requests for approval. Failure to provide
344 such information shall be grounds for denial of the request.
345 (b) Require documentation from a legally authorized person
346 who may make an anatomical gift pursuant to s. 765.512
347 authorizing its use in medical or dental education or research.
348 If the remains or any part thereof is to be segmented or
349 disarticulated, such documentation must include the legally
350 authorized person’s specific consent and must describe any part
351 of the remains that is to be segmented or disarticulated.
352 (3)(2) Any entity accredited by the American Association of
353 Museums may convey plastinated human remains bodies or any part
354 thereof within, parts of bodies into, or out of the state for
355 exhibition and public educational purposes without the consent
356 of the anatomical board if the accredited entity:
357 (a) Notifies the anatomical board of the conveyance and the
358 duration and location of the exhibition at least 30 days before
359 the intended conveyance.
360 (b) Submits to the anatomical board a description of the
361 remains bodies or any part thereof parts of bodies and the name
362 and address of the company providing the remains bodies or any
363 part thereof parts of bodies.
364 (c) Submits to the anatomical board documentation that the
365 remains or each part thereof body was donated by the decedent or
366 his or her next of kin for purposes of plastination and public
367 exhibition, or, in lieu of such documentation, an affidavit
368 stating that the remains or each part thereof body was donated
369 directly by the decedent or his or her next of kin for such
370 purposes to the company providing the remains body and that such
371 company has a donation form on file for the remains body.
372 (3) Notwithstanding paragraph (2)(c) and in lieu of the
373 documentation or affidavit required under paragraph (2)(c), for
374 a plastinated body that, before July 1, 2009, was exhibited in
375 this state by any entity accredited by the American Association
376 of Museums, such an accredited entity may submit an affidavit to
377 the board stating that the body was legally acquired and that
378 the company providing the body has acquisition documentation on
379 file for the body. This subsection expires January 1, 2012.
380 Section 13. Section 406.54, Florida Statutes, is repealed.
381 Section 14. Subsection (1) of section 765.513, Florida
382 Statutes, is amended to read:
383 765.513 Donees; purposes for which anatomical gifts may be
384 made.—
385 (1) The following persons or entities may become donees of
386 anatomical gifts of bodies or parts of them for the purposes
387 stated:
388 (a) Any procurement organization or accredited medical or
389 dental school, college, or university for education, research,
390 therapy, or transplantation.
391 (b) Any individual specified by name for therapy or
392 transplantation needed by him or her.
393 (c) The anatomical board as defined in s. 406.49(1) for
394 donation of the whole body for medical or dental education or
395 research.
396 Section 15. This act shall take effect July 1, 2012.