| 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: |
| 9 |
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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 military service as described in |
| 22 | 10 U.S.C. s. 1481(a)(1)-(8) in any branch of the United States |
| 23 | Armed Forces, United States Reserve Forces, or 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. |