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The Florida Senate

2008 Florida Statutes

SECTION 53
Death of indigents; notice; delivery to the anatomical board when unclaimed; exceptions; assessment of fees.
Section 406.53, Florida Statutes 2008

406.53  Death of indigents; notice; delivery to the anatomical board when unclaimed; exceptions; assessment of fees.--

(1)  Notice of death to the anatomical board in cases of indigent persons is not required if:

(a)  Death was caused by crushing injury.

(b)  The deceased had a contagious disease.

(c)  An autopsy was required to determine cause of death.

(d)  The body was in a state of severe decomposition.

(e)  Any relative, by blood or marriage, claims the body for burial at the expense of such relative, but the body shall be surrendered to the claimant for interment, but if such relative is indigent, in a manner consistent with the policy of the agency in possession or control of the body.

(f)  Any friend or any representative of a fraternal society of which the deceased was a member, or a representative of any charitable or religious organization, or a governmental agency which was providing residential care to the indigent person at the time of his or her death claims the body for burial at his or her, its, or their expense.

(g)  The deceased person was an honorably discharged member of the Armed Forces of the United States or the state who served during a period of wartime service as defined in s. 1.01(14); but such body shall be buried in accordance with the provisions of the existing laws.

(2)  When the Department of Health claims the body of a client according to this section, the department shall assess fees for burial pursuant to s. 402.33

(3)  For purposes of this chapter, the term indigent shall be 100 percent of the federal poverty level recognized by the Federal Income Guidelines produced by the United States Department of Health and Human Services.

History.--s. 7, ch. 28163, 1953; s. 1, ch. 67-564; ss. 15, 35, ch. 69-106; s. 1, ch. 81-40; s. 10, ch. 84-114; s. 12, ch. 95-143; s. 88, ch. 95-148; s. 3, ch. 96-251; s. 44, ch. 99-8; s. 143, ch. 2004-301.

Note.--Former s. 245.08.