Florida Senate - 2012 CS for CS for SB 956
By the Committees on Health Regulation; and Regulated
Industries; and Senator Hays
588-03528-12 2012956c2
1 A bill to be entitled
2 An act relating to 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 s. 406.58, F.S.; conforming
27 provisions to changes made by the act; requiring that
28 the anatomical board keep a complete record of all
29 fees and other financial transactions; requiring that
30 the University of Florida audit the anatomical board
31 and provide a copy of the audit to the Department of
32 Financial Services within a specified time;
33 authorizing the university to contract with a
34 certified public accounting firm for the audit;
35 authorizing the anatomical board to pay for the audit
36 with the fees that the board collects; amending ss.
37 406.55, 406.56, 406.57, and 406.59, F.S.; conforming
38 provisions to changes made by the act; amending s.
39 406.60, F.S.; authorizing certain facilities to
40 dispose of human remains by cremation; amending s.
41 406.61, F.S.; authorizing certain accredited schools
42 and organizations to convey human remains in or out of
43 the state for medical or research purposes; deleting
44 provisions relating to procedures for the conveyance
45 of plastinated human remains into or out of the state
46 pursuant to their scheduled expiration; conforming
47 terminology; repealing s. 406.54, F.S., relating to
48 claims of bodies after delivery to the anatomical
49 board; amending s. 765.513, F.S.; revising the list of
50 donees who may accept anatomical gifts and the
51 purposes for which such a gift may be used; amending
52 ss. 382.002 and 497.005, F.S.; redefining the term
53 “final disposition” as it relates to vital statistics
54 and the Florida Funeral, Cemetery, and Consumer
55 Services Act; providing an effective date.
56
57 Be It Enacted by the Legislature of the State of Florida:
58
59 Section 1. Section 406.49, Florida Statutes, is created to
60 read:
61 406.49 Definitions.—As used in this part, the term:
62 (1) “Anatomical board” means the anatomical board of the
63 state headquartered at the University of Florida Health Science
64 Center.
65 (2) “Cremated remains” has the same meaning as in s.
66 497.005.
67 (3) “Final disposition” has the same meaning as in s.
68 497.005.
69 (4) “Human remains” or “remains” has the same meaning as in
70 s. 497.005.
71 (5) “Indigent person” means a person whose family income
72 does not exceed 100 percent of the current federal poverty
73 guidelines prescribed for the family’s household size by the
74 United States Department of Health and Human Services.
75 (6) “Legally authorized person” has the same meaning as in
76 s. 497.005.
77 (7) “Unclaimed remains” means human remains that are not
78 claimed by a legally authorized person, other than a medical
79 examiner or the board of county commissioners, for final
80 disposition at the person’s expense.
81 Section 2. Section 406.50, Florida Statutes, is amended to
82 read:
83 406.50 Unclaimed dead bodies or human remains; disposition,
84 procedure.—
85 (1) A person or entity that comes All public officers,
86 agents, or employees of every county, city, village, town, or
87 municipality and every person in charge of any prison, morgue,
88 hospital, funeral parlor, or mortuary and all other persons
89 coming into possession, charge, or control of unclaimed any dead
90 human body or remains that which are unclaimed or which are
91 required to be buried or cremated at public expense shall are
92 hereby required to notify, immediately notify, the anatomical
93 board, unless:
94 (a) The unclaimed remains are decomposed or mutilated by
95 wounds;
96 (b) An autopsy is performed on the remains;
97 (c) The remains contain whenever any such body, bodies, or
98 remains come into its possession, charge, or control.
99 Notification of the anatomical board is not required if the
100 death was caused by crushing injury, the deceased had a
101 contagious disease;
102 (d) A legally authorized person, an autopsy was required to
103 determine cause of death, the body was in a state of severe
104 decomposition, or a family member objects to use of the remains
105 body for medical education or and research; or
106 (e) The deceased person was a veteran of the United States
107 Armed Forces, United States Reserve Forces, or National Guard
108 and is eligible for burial in a national cemetery or was the
109 spouse or dependent child of a veteran eligible for burial in a
110 national cemetery.
111 (2)(1) Before the final disposition of unclaimed remains,
112 the person or entity in charge or control of the dead body or
113 human remains shall make a reasonable effort to determine:
114 (a) Determine the identity of the deceased person and shall
115 further make a reasonable effort to contact any relatives of the
116 such deceased person.
117 (b) Determine whether or not the deceased person is
118 eligible under 38 C.F.R. s. 38.620 for entitled to burial in a
119 national cemetery as a veteran of the armed forces and, if
120 eligible so, to cause the deceased person’s remains or cremated
121 remains to be delivered to a national cemetery shall make
122 arrangements for such burial services in accordance with the
123 provisions of 38 C.F.R.
124
125 For purposes of this subsection, “a reasonable effort” includes
126 contacting the National Cemetery Scheduling Office, the county
127 veterans service office, or the regional office of the United
128 States Department of Veterans Affairs.
129 (3)(2) Unclaimed remains Such dead human bodies as
130 described in this chapter shall be delivered to the anatomical
131 board as soon as possible after death. When no family exists or
132 is available, a funeral director licensed under chapter 497 may
133 assume the responsibility of a legally authorized person and
134 may, after 24 hours have elapsed from the time of death,
135 authorize arterial embalming for the purposes of storage and
136 delivery of unclaimed remains to the anatomical board. A funeral
137 director licensed under chapter 497 is not liable for damages
138 under this subsection.
139 (4) The remains of a deceased person whose identity is not
140 known may not be cremated, donated as an anatomical gift, buried
141 at sea, or removed from the state.
142 (5) If the anatomical board does not accept the unclaimed
143 remains, the county commission, or its designated county
144 department, of the county in which the remains are found or the
145 death occurred may authorize and arrange for the burial or
146 cremation of the entire remains. A board of county commissioners
147 may, in accordance with applicable laws and rules, prescribe
148 policies and procedures for final disposition of unclaimed
149 remains by resolution or ordinance.
150 (6)(3) This part does not Nothing herein shall affect the
151 right of a medical examiner to hold human such dead body or
152 remains for the purpose of investigating the cause of death or,
153 nor shall this chapter affect the right of any court of
154 competent jurisdiction to enter an order affecting the
155 disposition of such body or remains.
156 (4) In the event more than one legally authorized person
157 claims a body for interment, the requests shall be prioritized
158 in accordance with s. 732.103.
159
160 For purposes of this chapter, the term “anatomical board” means
161 the anatomical board of this state located at the University of
162 Florida Health Science Center, and the term “unclaimed” means a
163 dead body or human remains that is not claimed by a legally
164 authorized person, as defined in s. 497.005, for interment at
165 that person’s expense.
166 Section 3. Section 406.51, Florida Statutes, is amended to
167 read:
168 406.51 Final disposition of unclaimed deceased veterans;
169 contract requirements.—Any contract by a local governmental
170 entity for the final disposition disposal of unclaimed human
171 remains must provide for compliance with s. 406.50(2)(1) and
172 require that the procedures in 38 C.F.R. s. 38.620, relating to
173 disposition of unclaimed deceased veterans, are be followed.
174 Section 4. Section 406.52, Florida Statutes, is amended to
175 read:
176 (Substantial rewording of section. See
177 s. 406.52, F.S., for present text.)
178 406.52 Retention of human remains before use; claim after
179 delivery to anatomical board; procedures for unclaimed remains
180 of indigent persons.—
181 (1) The anatomical board shall keep in storage all human
182 remains that it receives for at least 48 hours before allowing
183 their use for medical education or research. Human remains may
184 be embalmed when received. The anatomical board may, for any
185 reason, refuse to accept unclaimed remains or the remains of an
186 indigent person.
187 (2) At any time before their use for medical education or
188 research, human remains delivered to the anatomical board may be
189 claimed by a legally authorized person. The anatomical board
190 shall release the remains to the legally authorized person after
191 payment of the anatomical board’s expenses incurred for
192 transporting, embalming, and storing the remains.
193 (3)(a) A board of county commissioners may, in accordance
194 with applicable laws and rules, prescribe policies and
195 procedures for the burial or cremation of the entire unclaimed
196 remains of an indigent person whose remains are found, or whose
197 death occurred in the county, by resolution or ordinance.
198 (b) A person licensed under chapter 497 is not liable for
199 any damages resulting from cremating or burying such human
200 remains at the written direction of the board of county
201 commissioners or its designee.
202 Section 5. Section 406.53, Florida Statutes, is amended to
203 read:
204 (Substantial rewording of section. See
205 s. 406.53, F.S., for present text.)
206 406.53 Unclaimed remains of indigent person; exemption from
207 notice to the anatomical board.—A county commission or
208 designated county department that receives a report of the
209 unclaimed remains of an indigent person, notwithstanding s.
210 406.50(1), is not required to notify the anatomical board of the
211 remains if:
212 (1) The indigent person’s remains are decomposed or
213 mutilated by wounds or if an autopsy is performed on the
214 remains;
215 (2) A legally authorized person or a relative by blood or
216 marriage claims the remains for final disposition at his or her
217 expense or, if such relative or legally authorized person is
218 also an indigent person, in a manner consistent with the
219 policies and procedures of the board of county commissioners of
220 the county in which the remains are found or the death occurred;
221 (3) The deceased person was a veteran of the United States
222 Armed Forces, United States Reserve Forces, or National Guard
223 and is eligible for burial in a national cemetery or was the
224 spouse or dependent child of a veteran eligible for burial in a
225 national cemetery; or
226 (4) A funeral director licensed under chapter 497 certifies
227 that the anatomical board has been notified and either accepted
228 or declined the remains.
229 Section 6. Section 406.55, Florida Statutes, is amended to
230 read:
231 406.55 Contracts for delivery of human remains body after
232 death prohibited.—The anatomical board may not enter is
233 specifically prohibited from entering into any contract, oral or
234 written, that provides for whereby any sum of money to shall be
235 paid to any living person in exchange for which the delivery of
236 that person’s remains body of said person shall be delivered to
237 the anatomical board when the such living person dies.
238 Section 7. Section 406.56, Florida Statutes, is amended to
239 read:
240 406.56 Acceptance of human remains bodies under will.—If
241 any person being of sound mind executes shall execute a will
242 leaving his or her remains body to the anatomical board for the
243 advancement of medical education or research science and the
244 such person dies within the geographical limits of the state,
245 the anatomical board may is hereby empowered to accept and
246 receive the person’s remains such body.
247 Section 8. Section 406.57, Florida Statutes, is amended to
248 read:
249 406.57 Distribution of human remains dead bodies.—The
250 anatomical board or its duly authorized agent shall take and
251 receive human remains the bodies delivered to it as provided in
252 under the provisions of this chapter and shall:
253 (1) Distribute the remains them equitably to and among the
254 medical and dental schools, teaching hospitals, medical
255 institutions, and health-related teaching programs that require
256 cadaveric material for study; or
257 (2) Loan the remains same may be loaned for examination or
258 study purposes to accredited colleges of mortuary science
259 recognized associations of licensed embalmers or funeral
260 directors, or medical or dental examining boards for educational
261 or research purposes at the discretion of the anatomical board.
262 Section 9. Section 406.58, Florida Statutes, is amended to
263 read:
264 406.58 Fees; authority to accept additional funds; annual
265 audit.—
266 (1) The anatomical board may:
267 (a) Adopt is empowered to prescribe a schedule of fees to
268 be collected from the institutions institution or association to
269 which the human remains bodies, as described in this chapter,
270 are distributed or loaned to defray the costs of obtaining and
271 preparing the remains such bodies.
272 (b)(2) The anatomical board is hereby empowered to Receive
273 money from public or private sources, in addition to the fees
274 collected from the institutions institution or association to
275 which human remains the bodies are distributed, to be used to
276 defray the costs of embalming, handling, shipping, storing,
277 cremating, and otherwise storage, cremation, and other costs
278 relating to the obtaining and using the remains. use of such
279 bodies as described in this chapter; the anatomical board is
280 empowered to
281 (c) Pay or reimburse the reasonable expenses, as determined
282 by the anatomical board, incurred by a funeral establishment or
283 removal service licensed under chapter 497, for the removal,
284 storage, and transportation of unclaimed human remains any
285 person delivering the bodies as described in this chapter to the
286 anatomical board. and is further empowered to
287 (d) Enter into contracts and perform such other acts as are
288 necessary for to the proper performance of its duties.;
289 (2) The anatomical board shall keep a complete record of
290 all fees and other financial transactions of said anatomical
291 board shall be kept and audited annually by the Department of
292 Financial Services, and a report of such audit shall be made
293 annually to the University of Florida. The University of Florida
294 shall conduct an audit of the financial records of the
295 anatomical board at least once every 3 years, or more frequently
296 if the university deems it necessary. Within 90 days after
297 completing the audit, the university shall provide a copy of the
298 audit to the Department of Financial Services. The university
299 may contract with a certified public accounting firm to provide
300 for the audit, which may be paid from the fees collected by the
301 anatomical board.
302 Section 10. Section 406.59, Florida Statutes, is amended to
303 read:
304 406.59 Institutions receiving human remains bodies.—A No
305 university, school, college, teaching hospital, or institution
306 may not, or association shall be allowed or permitted to receive
307 any human remains from the anatomical board such body or bodies
308 as described in this chapter until its facilities are have been
309 inspected and approved by the anatomical board. Human remains
310 All such bodies received by such university, school, college,
311 teaching hospital, or institution may not, or association shall
312 be used for any no other purpose other than the promotion of
313 medical education or research science.
314 Section 11. Section 406.60, Florida Statutes, is amended to
315 read:
316 406.60 Disposition of human remains bodies after use.—At
317 any time When human remains any body or bodies or part or parts
318 of any body or bodies, as described in this chapter, shall have
319 been used for, and are not deemed of any no further value to,
320 medical or dental education or research science, then the
321 anatomical board or a cinerator facility licensed under chapter
322 497 person or persons having charge of said body or parts of
323 said body may dispose of the remains or any part thereof by
324 cremation.
325 Section 12. Section 406.61, Florida Statutes, is amended to
326 read:
327 406.61 Selling, buying, or conveying bodies outside state
328 prohibited; exceptions, penalty.—
329 (1) Any person who sells or buys any body or parts of
330 bodies as described in this chapter or any person except a
331 recognized Florida medical or dental school who transmits or
332 conveys or causes to be transmitted or conveyed such body or
333 parts of bodies to any place outside this state commits a
334 misdemeanor of the first degree, punishable as provided in ss.
335 775.082 and 775.083. However, this chapter does not prohibit the
336 anatomical board from transporting human specimens outside the
337 state for educational or scientific purposes or prohibit the
338 transport of bodies, parts of bodies, or tissue specimens in
339 furtherance of lawful examination, investigation, or autopsy
340 conducted pursuant to s. 406.11.
341 (2) Any nontransplant anatomical donation organization
342 accredited by the American Association of Tissue Banks or an
343 accredited medical or dental college or university may convey
344 human remains person, institution, or organization that conveys
345 bodies or any part thereof within, parts of bodies into, or out
346 of the state for medical or dental education or research
347 purposes. A nontransplant anatomical donation organization need
348 not be accredited as required by this section until July 1, 2013
349 shall notify the anatomical board of such intent and receive
350 approval from the board.
351 (3)(2) Any entity accredited by the American Association of
352 Museums may convey plastinated human remains bodies or any part
353 thereof within, parts of bodies into, or out of the state for
354 exhibition and public educational purposes without the consent
355 of the anatomical board if the accredited entity:
356 (a) Notifies the anatomical board of the conveyance and the
357 duration and location of the exhibition at least 30 days before
358 the intended conveyance.
359 (b) Submits to the anatomical board a description of the
360 remains bodies or any part thereof parts of bodies and the name
361 and address of the company providing the remains bodies or any
362 part thereof parts of bodies.
363 (c) Submits to the anatomical board documentation that the
364 remains or each part thereof body was donated by the decedent or
365 his or her next of kin for purposes of plastination and public
366 exhibition, or, in lieu of such documentation, an affidavit
367 stating that the remains or each part thereof body was donated
368 directly by the decedent or his or her next of kin for such
369 purposes to the company providing the remains body and that such
370 company has a donation form on file for the remains body.
371 (3) Notwithstanding paragraph (2)(c) and in lieu of the
372 documentation or affidavit required under paragraph (2)(c), for
373 a plastinated body that, before July 1, 2009, was exhibited in
374 this state by any entity accredited by the American Association
375 of Museums, such an accredited entity may submit an affidavit to
376 the board stating that the body was legally acquired and that
377 the company providing the body has acquisition documentation on
378 file for the body. This subsection expires January 1, 2012.
379 Section 13. Section 406.54, Florida Statutes, is repealed.
380 Section 14. Subsection (1) of section 765.513, Florida
381 Statutes, is amended to read:
382 765.513 Donees; purposes for which anatomical gifts may be
383 made.—
384 (1) The following persons or entities may become donees of
385 anatomical gifts of bodies or parts of them for the purposes
386 stated:
387 (a) Any procurement organization or accredited medical or
388 dental school, college, or university for education, research,
389 therapy, or transplantation.
390 (b) Any individual specified by name for therapy or
391 transplantation needed by him or her.
392 (c) The anatomical board as defined in s. 406.49(1) for
393 donation of the whole body for medical or dental education or
394 research.
395 Section 15. Subsection (7) of section 382.002, Florida
396 Statutes, is amended to read:
397 382.002 Definitions.—As used in this chapter, the term:
398 (7) “Final disposition” means the burial, interment,
399 cremation, removal from the state, donation, or other authorized
400 disposition of a dead body or a fetus as described in subsection
401 (6). In the case of cremation, dispersion of ashes or cremation
402 residue is considered to occur after final disposition; the
403 cremation itself is considered final disposition. In the case of
404 anatomical donation of a dead body, the donation itself is
405 considered final disposition.
406 Section 16. Subsection (32) of section 497.005, Florida
407 Statutes, is amended to read:
408 497.005 Definitions.—As used in this chapter, the term:
409 (32) “Final disposition” means the final disposal of a dead
410 human body by earth interment, aboveground interment, cremation,
411 burial at sea, anatomical donation, or delivery to a medical
412 institution for lawful dissection if the medical institution or
413 entity receiving the anatomical donation assumes responsibility
414 for disposition after use pursuant to s. 406.60 disposal. “Final
415 disposition” does not include the disposal or distribution of
416 cremated remains and residue of cremated remains.
417 Section 17. This act shall take effect July 1, 2012.