1 | A bill to be entitled |
2 | An act relating to the disposition of human remains; |
3 | amending s. 497.005, F.S.; revising the term "legally |
4 | authorized person" for purposes of the Florida Funeral, |
5 | Cemetery, and Consumer Services Act; providing an |
6 | effective date. |
7 |
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8 | Be It Enacted by the Legislature of the State of Florida: |
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10 | Section 1. Subsection (37) of section 497.005, Florida |
11 | Statutes, is amended to read: |
12 | 497.005 Definitions.--As used in this chapter: |
13 | (37) "Legally authorized person" means, in the priority |
14 | listed:, |
15 | (a) The decedent, when written inter vivos authorizations |
16 | and directions are provided by the decedent; |
17 | (b) The person designated by the decedent as authorized to |
18 | direct disposition pursuant to Pub. L. No. 109-163, s. 564, as |
19 | listed on the decedent's United States Department of Defense |
20 | Record of Emergency Data, DD Form 93, or its successor form, if |
21 | the decedent died while serving on active duty in any branch of |
22 | the United States Armed Forces, United States Reserve Forces, or |
23 | National Guard; |
24 | (c) The surviving spouse, unless the spouse has been |
25 | arrested for committing against the deceased an act of domestic |
26 | violence as defined in s. 741.28 that resulted in or contributed |
27 | to the death of the deceased; |
28 | (d) A son or daughter who is 18 years of age or older; |
29 | (e) A parent; |
30 | (f) A brother or sister who is 18 years of age or older; |
31 | (g) A grandchild who is 18 years of age or older; |
32 | (h) A grandparent; or |
33 | (i) Any person in the next degree of kinship. |
34 |
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35 | In addition, the term may include, if no family member exists or |
36 | is available, the guardian of the dead person at the time of |
37 | death; the personal representative of the deceased; the attorney |
38 | in fact of the dead person at the time of death; the health |
39 | surrogate of the dead person at the time of death; a public |
40 | health officer; the medical examiner, county commission, or |
41 | administrator acting under part II of chapter 406 or other |
42 | public administrator; a representative of a nursing home or |
43 | other health care institution in charge of final disposition; or |
44 | a friend or other person not listed in this subsection who is |
45 | willing to assume the responsibility as the legally authorized |
46 | person. Where there is a person in any priority class listed in |
47 | this subsection, the funeral establishment shall rely upon the |
48 | authorization of any one legally authorized person of that class |
49 | if that person represents that she or he is not aware of any |
50 | objection to the cremation of the deceased's human remains by |
51 | others in the same class of the person making the representation |
52 | or of any person in a higher priority class. |
53 | Section 2. This act shall take effect upon becoming a law. |