Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 956
       
       
       
       
       
       
                                Barcode 426088                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/01/2012           .                                
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       The Committee on Budget Subcommittee on General Government
       Appropriations (Hays) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 325 - 378
    4  and insert:
    5         Section 12. Section 406.61, Florida Statutes, is amended to
    6  read:
    7         406.61 Selling, buying, or conveying human remains bodies
    8  outside state prohibited; exceptions;, penalty.—
    9         (1) Any person who sells or buys human remains, or any part
   10  thereof, body or parts of bodies as described in this chapter or
   11  any person except a recognized Florida medical or dental school
   12  who transmits or conveys or causes to be transmitted or conveyed
   13  such remains body or part thereof parts of bodies to any place
   14  outside this state, commits a misdemeanor of the first degree,
   15  punishable as provided in s. ss. 775.082 or s. and 775.083.
   16  However, this chapter does not prohibit the anatomical board
   17  from transporting human remains specimens outside the state for
   18  educational or scientific purposes or prohibit the transport of
   19  human remains, any part of such remains bodies, parts of bodies,
   20  or tissue specimens for purposes in furtherance of lawful
   21  examination, investigation, or autopsy conducted pursuant to s.
   22  406.11. Any person, institution, or organization that conveys
   23  human remains bodies or any part thereof parts of bodies into or
   24  out of the state for medical or dental education or research
   25  purposes shall notify the anatomical board of such intent and
   26  receive approval from the board; however, the requirement in
   27  this subsection to notify or receive approval from the
   28  anatomical board is waived and does not apply with respect to
   29  any nontransplant anatomical organization accredited by the
   30  American Association of Tissue Banks.
   31         (2) Human remains received in this state by the anatomical
   32  board, or a nontransplant anatomical donation organization, must
   33  be accompanied by the original burial-transit permit issued
   34  pursuant to s. 382.007. The remains may not be dissected,
   35  segmented, or disarticulated until the district medical examiner
   36  of the county in which the death occurred has granted approval
   37  pursuant to s. 406.11.
   38         (3) Monetary inducement or other valuable consideration,
   39  including goods or services, may not be offered in exchange for
   40  human remains to a donor, legally authorized person, the donor’s
   41  estate, or other third party. As used in this section, the term
   42  valuable consideration does not include, and nothing in this
   43  section prohibits, the payment or reimbursement of the
   44  reasonable costs associated with the removal, storage, and
   45  transportation of human remains, including payment or
   46  reimbursement to a funeral establishment or removal service
   47  licensed under chapter 497, or the reasonable costs after use,
   48  including the disposition of human remains, pursuant to s.
   49  406.60.
   50         (4)(2) Any entity accredited by the American Association of
   51  Museums may convey plastinated human remains bodies or any part
   52  thereof within, parts of bodies into, or out of the state for
   53  exhibition and public educational purposes without the consent
   54  of the anatomical board if the accredited entity:
   55         (a) Notifies the anatomical board of the conveyance and the
   56  duration and location of the exhibition at least 30 days before
   57  the intended conveyance.
   58         (b) Submits to the anatomical board a description of the
   59  remains bodies or any part thereof parts of bodies and the name
   60  and address of the company providing the remains bodies or any
   61  part thereof parts of bodies.
   62         (c) Submits to the anatomical board documentation that the
   63  remains or each part thereof body was donated by the decedent or
   64  his or her next of kin for purposes of plastination and public
   65  exhibition, or, in lieu of such documentation, an affidavit
   66  stating that the remains or each part thereof body was donated
   67  directly by the decedent or his or her next of kin for such
   68  purposes to the company providing the remains body and that such
   69  company has a donation form on file for the remains body.
   70         (3) Notwithstanding paragraph (2)(c) and in lieu of the
   71  documentation or affidavit required under paragraph (2)(c), for
   72  a plastinated body that, before July 1, 2009, was exhibited in
   73  this state by any entity accredited by the American Association
   74  of Museums, such an accredited entity may submit an affidavit to
   75  the board stating that the body was legally acquired and that
   76  the company providing the body has acquisition documentation on
   77  file for the body. This subsection expires January 1, 2012.
   78  
   79  ================= T I T L E  A M E N D M E N T ================
   80         And the title is amended as follows:
   81         Delete lines 41 - 46
   82  and insert:
   83         406.61, F.S.; revising provisions prohibiting the
   84         selling or buying of human remains or the transmitting
   85         or conveying of such remains outside the state;
   86         providing penalties; allowing certain accredited
   87         schools and organizations to convey human remains in
   88         or out of state for medical or research purposes under
   89         certain conditions; requiring documentation prior to
   90         use of human remains received in the state; defining
   91         the term “valuable consideration” and providing
   92         exemptions for certain costs; deleting an expired
   93         provision relating to procedures for the conveyance of
   94         a plastinated human body that was exhibited by an
   95         entity accredited by the American Association of
   96         Museums; conforming