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.