Florida Senate - 2011                                    SB 1324
       
       
       
       By Senator Bennett
       
       
       
       
       21-00998A-11                                          20111324__
    1                        A bill to be entitled                      
    2         An act relating to disposition of human remains;
    3         creating part VII of ch. 497, F.S., consisting of ss.
    4         497.701, 497.703, 497.705, 497.707, 497.709, 497.711,
    5         497.713, 497.715, 497.717, 497.719, and 497.721, F.S.;
    6         amending s. 497.005, F.S.; defining terms relating to
    7         the disposition of human remains; transferring,
    8         renumbering, and amending ss. 406.50, 406.51, 406.52,
    9         406.53, 406.55, 406.56, 406.57, 406.58, 406.59,
   10         406.60, and 406.61, F.S.; revising procedures for the
   11         reporting and disposition of unclaimed remains;
   12         prohibiting certain uses or dispositions of the
   13         remains of deceased persons whose identities are not
   14         known; requiring that local governmental contracts for
   15         the final disposition of unclaimed remains comply with
   16         certain federal regulations; conforming provisions to
   17         changes in terminology; conforming a cross-reference;
   18         revising procedures for the anatomical board’s
   19         retention of human remains before their use; providing
   20         for claims by, and the release of human remains to,
   21         legally authorized persons after payment of certain
   22         expenses; authorizing county ordinances or resolutions
   23         for the final disposition of the unclaimed remains of
   24         indigent persons; limiting the liability of certain
   25         licensed persons for cremating or burying human
   26         remains under certain circumstances; revising
   27         exceptions from requirements for notice to the
   28         anatomical board of the death of indigent persons;
   29         deleting a requirement that the Department of Health
   30         assess fees for the burial of certain bodies;
   31         conforming provisions to changes in terminology;
   32         conforming terminology of provisions prohibiting the
   33         selling or buying of human remains or the transmitting
   34         or conveying of such remains outside the state;
   35         providing penalties; conforming terminology relating
   36         to procedures for the conveyance of plastinated human
   37         remains into or out of the state; repealing s. 406.54,
   38         F.S., relating to claims of bodies after delivery to
   39         the anatomical board; providing an effective date.
   40  
   41  Be It Enacted by the Legislature of the State of Florida:
   42  
   43         Section 1. Part VII of chapter 497, Florida Statutes,
   44  consisting of sections 497.701, 497.703, 497.705, 497.707,
   45  497.709, 497.711, 497.713, 497.715, 497.717, 497.719, and
   46  497.721, is created and entitled “UNCLAIMED HUMAN REMAINS;
   47  ANATOMICAL BOARD.”
   48         Section 2. Section 497.005, Florida Statutes, is amended to
   49  read:
   50         497.005 Definitions.—As used in this chapter, the term:
   51         (1) “Alternative container” means an unfinished wood box or
   52  other nonmetal receptacle or enclosure, without ornamentation or
   53  a fixed interior lining, that is designed for the encasement of
   54  human remains and that is made of fiberboard, pressed wood,
   55  composition materials (with or without an outside covering), or
   56  like materials.
   57         (2) “Anatomical board” means the anatomical board of the
   58  state headquartered at the University of Florida Health Science
   59  Center.
   60         (3)(2) “At-need solicitation” means any uninvited contact
   61  by a licensee or her or his agent for the purpose of the sale of
   62  burial services or merchandise to the family or next of kin of a
   63  person after her or his death has occurred.
   64         (4)(3) “Bank of belowground crypts” means any construction
   65  unit of belowground crypts that is acceptable to the department
   66  and that a cemetery uses to initiate its belowground crypt
   67  program or to add to existing belowground crypt structures.
   68         (5)(4) “Belowground crypts” consist of interment space in
   69  preplaced chambers, either side by side or multiple depth,
   70  covered by earth and sod and known also as “lawn crypts,”
   71  “westminsters,” or “turf-top crypts.”
   72         (6)(5) “Board” means the Board of Funeral, Cemetery, and
   73  Consumer Services.
   74         (7)(6) “Burial merchandise,” “funeral merchandise,” or
   75  “merchandise” means any personal property offered or sold by any
   76  person for use in connection with the final disposition,
   77  memorialization, interment, entombment, or inurnment of human
   78  remains or cremated remains, including, but not limited to,
   79  caskets, outer burial containers, alternative containers,
   80  cremation containers, cremation interment containers, urns,
   81  monuments, private mausoleums, flowers, benches, vases,
   82  acknowledgment cards, register books, memory folders, prayer
   83  cards, and clothing.
   84         (8)(7) “Burial right” means the right to use a grave space,
   85  mausoleum, columbarium, ossuary, or scattering garden for the
   86  interment, entombment, inurnment, or other disposition of human
   87  remains or cremated remains.
   88         (9)(8) “Burial service” or “service” means any service
   89  offered or provided in connection with the final disposition,
   90  memorialization, interment, entombment, or inurnment of human
   91  remains or cremated remains.
   92         (10)(9) “Care and maintenance” means the perpetual process
   93  of keeping a cemetery and its lots, graves, grounds,
   94  landscaping, roads, paths, parking lots, fences, mausoleums,
   95  columbaria, vaults, crypts, utilities, and other improvements,
   96  structures, and embellishments in a well-cared-for and dignified
   97  condition, so that the cemetery does not become a nuisance or
   98  place of reproach and desolation in the community. As specified
   99  in the rules of the licensing authority, “care and maintenance”
  100  may include, but is not limited to, any or all of the following
  101  activities: mowing the grass at reasonable intervals; raking and
  102  cleaning the grave spaces and adjacent areas; pruning of shrubs
  103  and trees; suppression of weeds and exotic flora; and
  104  maintenance, upkeep, and repair of drains, water lines, roads,
  105  buildings, and other improvements. “Care and maintenance” may
  106  include, but is not limited to, reasonable overhead expenses
  107  necessary for such purposes, including maintenance of machinery,
  108  tools, and equipment used for such purposes. “Care and
  109  maintenance” may also include repair or restoration of
  110  improvements necessary or desirable as a result of wear,
  111  deterioration, accident, damage, or destruction. “Care and
  112  maintenance” does not include expenses for the construction and
  113  development of new grave spaces or interment structures to be
  114  sold to the public.
  115         (11)(10) “Casket” means a rigid container that is designed
  116  for the encasement of human remains and that is usually
  117  constructed of wood or metal, ornamented, and lined with fabric.
  118         (12)(11) “Cemetery” means a place dedicated to and used or
  119  intended to be used for the permanent interment of human remains
  120  or cremated remains. A cemetery may contain land or earth
  121  interment; mausoleum, vault, or crypt interment; a columbarium,
  122  ossuary, scattering garden, or other structure or place used or
  123  intended to be used for the interment or disposition of cremated
  124  remains; or any combination of one or more of such structures or
  125  places.
  126         (13)(12) “Cemetery company” means any legal entity that
  127  owns or controls cemetery lands or property.
  128         (14)(13) “Centralized embalming facility” means a facility
  129  in which embalming takes place that operates independently of a
  130  funeral establishment licensee and that offers embalming
  131  services to funeral directors for a fee.
  132         (15)(14) “Cinerator” means a facility where dead human
  133  bodies are subjected to cremation.
  134         (16)(15) “Closed container” means any container in which
  135  cremated remains can be placed and closed in a manner so as to
  136  prevent leakage or spillage of the remains.
  137         (17)(16) “Columbarium” means a structure or building that
  138  is substantially exposed above the ground and that is intended
  139  to be used for the inurnment of cremated remains.
  140         (18)(17) “Common business enterprise” means a group of two
  141  or more business entities that share common ownership in excess
  142  of 50 percent.
  143         (19)(18) “Control” means the possession, directly or
  144  indirectly, through the ownership of voting shares, by contract,
  145  arrangement, understanding, relationship, or otherwise, of the
  146  power to direct or cause the direction of the management and
  147  policies of a person or entity. However, a person or entity
  148  shall not be deemed to have control if the person or entity
  149  holds voting shares, in good faith and not for the purpose of
  150  circumventing this definition, as an agent, bank, broker,
  151  nominee, custodian, or trustee for one or more beneficial owners
  152  who do not individually or as a group have control.
  153         (20)(19) “Cremated remains” means all the remains of the
  154  human body recovered after the completion of the cremation
  155  process, including processing or pulverization that leaves only
  156  bone fragments reduced to unidentifiable dimensions and may
  157  include the residue of any foreign matter, including casket
  158  material, bridgework, or eyeglasses that were cremated with the
  159  human remains.
  160         (21)(20) “Cremation” means any mechanical or thermal
  161  process whereby a dead human body is reduced to ashes and bone
  162  fragments. Cremation also includes any other mechanical or
  163  thermal process whereby human remains are pulverized, burned,
  164  recremated, or otherwise further reduced in size or quantity.
  165         (22)(21) “Cremation chamber” means the enclosed space
  166  within which the cremation process takes place. Cremation
  167  chambers covered by these procedures shall be used exclusively
  168  for the cremation of human remains.
  169         (23)(22) “Cremation container” means the casket or
  170  alternative container in which the human remains are transported
  171  to and placed in the cremation chamber for a cremation. A
  172  cremation container should meet substantially all of the
  173  following standards:
  174         (a) Be composed of readily combustible or consumable
  175  materials suitable for cremation.
  176         (b) Be able to be closed in order to provide a complete
  177  covering for the human remains.
  178         (c) Be resistant to leakage or spillage.
  179         (d) Be rigid enough to be handled with ease.
  180         (e) Be able to provide protection for the health, safety,
  181  and personal integrity of crematory personnel.
  182         (24)(23) “Cremation interment container” means a rigid
  183  outer container that, subject to a cemetery’s rules and
  184  regulations, is composed of concrete, steel, fiberglass, or some
  185  similar material in which an urn is placed prior to being
  186  interred in the ground and that is designed to support the earth
  187  above the urn.
  188         (25)(24) “Department” means the Department of Financial
  189  Services.
  190         (26)(25) “Direct disposal establishment” means a facility
  191  licensed under this chapter where a direct disposer practices
  192  direct disposition.
  193         (27)(26) “Direct disposer” means any person licensed under
  194  this chapter to practice direct disposition in this state.
  195         (28)(27) “Direct supervision” means supervision by a
  196  licensed:
  197         (a) Funeral director who provides initial direction and
  198  periodic inspection of the arrangements and who is physically
  199  present or on the premises of the funeral establishment at all
  200  times when the tasks, functions, and duties relating to funeral
  201  directing are performed; or
  202         (b) Embalmer who provides initial direction and instruction
  203  regarding the preservation of a dead human body in its entirety
  204  or in part and who is physically present or on the premises of
  205  the funeral establishment or embalming facility at all times
  206  when the tasks, functions, and duties relating to embalming are
  207  performed.
  208         (29)(28) “Director” means the director of the Division of
  209  Funeral, Cemetery, and Consumer Services.
  210         (30)(29) “Disinterment” means removal of a dead human body
  211  from earth interment or aboveground interment.
  212         (31)(30) “Division” means the Division of Funeral,
  213  Cemetery, and Consumer Services within the Department of
  214  Financial Services.
  215         (32)(31) “Embalmer” means any person licensed under this
  216  chapter to practice embalming in this state.
  217         (33)(32) “Final disposition” means the final disposal of a
  218  dead human body by burial, either by earth interment or,
  219  aboveground interment, or by entombment, cremation, burial at
  220  sea, or anatomical donation and delivery to the anatomical board
  221  a medical institution for lawful dissection provided if the
  222  anatomical board medical institution assumes responsibility for
  223  cremation of the dissected remains disposal. “Final disposition”
  224  does not include the disposal or distribution of cremated
  225  remains and residue of cremated remains.
  226         (34)(33) “Funeral” or “funeral service” means the
  227  observances, services, or ceremonies held to commemorate the
  228  life of a specific deceased human being and at which the human
  229  remains are present.
  230         (35)(34) “Funeral director” means any person licensed under
  231  this chapter to practice funeral directing in this state.
  232         (36)(35) “Funeral establishment” means a facility licensed
  233  under this chapter where a funeral director or embalmer
  234  practices funeral directing or embalming.
  235         (37)(36) “General supervision” means supervision by a
  236  licensed:
  237         (a) Funeral director who is reasonably available and in a
  238  position to provide direction and guidance by being physically
  239  present, being on the premises of the funeral establishment, or
  240  being in proximity to the funeral establishment and available
  241  telephonically or by electronic communication at all times when
  242  the tasks, functions, and duties relating to funeral directing
  243  are performed; or
  244         (b) Embalmer who is reasonably available and in a position
  245  to provide direction and guidance by being physically present,
  246  being on the premises of the funeral establishment or embalming
  247  facility, or being in proximity to the funeral establishment or
  248  embalming facility and available telephonically or by electronic
  249  communication at all times when the tasks, functions, and duties
  250  relating to embalming are performed.
  251         (38)(37) “Grave space” means a space of ground in a
  252  cemetery intended to be used for the interment in the ground of
  253  human remains.
  254         (39)(38) “Human remains” or “remains,” or “dead human body”
  255  or “dead human bodies,” means the body of a deceased human
  256  person for which a death certificate or fetal death certificate
  257  is required under chapter 382 and includes the body in any stage
  258  of decomposition.
  259         (40) “Indigent person” means a person whose family income
  260  does not exceed 100 percent of the current federal poverty
  261  guidelines prescribed for the family’s household size by the
  262  United States Department of Health and Human Services.
  263         (41)(39) “Legally authorized person” means, in the priority
  264  listed:
  265         (a) The decedent, when written inter vivos authorizations
  266  and directions are provided by the decedent;
  267         (b) The person designated by the decedent as authorized to
  268  direct disposition pursuant to Pub. L. No. 109-163, s. 564, as
  269  listed on the decedent’s United States Department of Defense
  270  Record of Emergency Data, DD Form 93, or its successor form, if
  271  the decedent died while serving military service as described in
  272  10 U.S.C. s. 1481(a)(1)-(8) in any branch of the United States
  273  Armed Forces, United States Reserve Forces, or National Guard;
  274         (c) The surviving spouse, unless the spouse has been
  275  arrested for committing against the deceased an act of domestic
  276  violence as defined in s. 741.28 that resulted in or contributed
  277  to the death of the deceased;
  278         (d) A son or daughter who is 18 years of age or older;
  279         (e) A parent;
  280         (f) A brother or sister who is 18 years of age or older;
  281         (g) A grandchild who is 18 years of age or older;
  282         (h) A grandparent; or
  283         (i) Any person in the next degree of kinship.
  284  
  285  In addition, the term may include, if no family member exists or
  286  is available, the guardian of the dead person at the time of
  287  death; the personal representative of the deceased; the attorney
  288  in fact of the dead person at the time of death; the health
  289  surrogate of the dead person at the time of death; a public
  290  health officer; the medical examiner, county commission, or
  291  administrator acting under part VII II of this chapter 406 or
  292  other public administrator; a representative of a nursing home
  293  or other health care institution in charge of final disposition;
  294  or a friend or other person not listed in this subsection who is
  295  willing to assume the responsibility as the legally authorized
  296  person. Where there is a person in any priority class listed in
  297  this subsection, the funeral establishment shall rely upon the
  298  authorization of any one legally authorized person of that class
  299  if that person represents that she or he is not aware of any
  300  objection to the cremation of the deceased’s human remains by
  301  others in the same class of the person making the representation
  302  or of any person in a higher priority class.
  303         (42)(40) “License” includes all authorizations required or
  304  issued under this chapter, except where expressly indicated
  305  otherwise, and shall be understood to include authorizations
  306  previously referred to as registrations or certificates of
  307  authority in chapters 470 and 497 as those chapters appeared in
  308  the 2004 edition of the Florida Statutes.
  309         (43)(41) “Licensee” means the person or entity holding any
  310  license or other authorization issued under this chapter, except
  311  where expressly indicated otherwise.
  312         (44)(42) “Mausoleum” means a structure or building that is
  313  substantially exposed above the ground and that is intended to
  314  be used for the entombment of human remains.
  315         (45)(43) “Mausoleum section” means any construction unit of
  316  a mausoleum that is acceptable to the department and that a
  317  cemetery uses to initiate its mausoleum program or to add to its
  318  existing mausoleum structures.
  319         (46)(44) “Monument” means any product used for identifying
  320  a grave site and cemetery memorials of all types, including
  321  monuments, markers, and vases.
  322         (47)(45) “Monument establishment” means a facility that
  323  operates independently of a cemetery or funeral establishment
  324  and that offers to sell monuments or monument services to the
  325  public for placement in a cemetery.
  326         (48)(46) “Net assets” means the amount by which the total
  327  assets of a licensee, excluding goodwill, franchises, customer
  328  lists, patents, trademarks, and receivables from or advances to
  329  officers, directors, employees, salespersons, and affiliated
  330  companies, exceed total liabilities of the licensee. For
  331  purposes of this definition, the term “total liabilities” does
  332  not include the capital stock, paid-in capital, or retained
  333  earnings of the licensee.
  334         (49)(47) “Net worth” means total assets minus total
  335  liabilities pursuant to generally accepted accounting
  336  principles.
  337         (50)(48) “Niche” means a compartment or cubicle for the
  338  memorialization or permanent placement of a container or urn
  339  containing cremated remains.
  340         (51)(49) “Ossuary” means a receptacle used for the communal
  341  placement of cremated remains without benefit of an urn or any
  342  other container in which cremated remains may be commingled with
  343  other cremated remains and are nonrecoverable. It may or may not
  344  include memorialization.
  345         (52)(50) “Outer burial container” means an enclosure into
  346  which a casket is placed and includes, but is not limited to,
  347  vaults made of concrete, steel, fiberglass, or copper; sectional
  348  concrete enclosures; crypts; and wooden enclosures.
  349         (53)(51) “Person,” when used without qualification such as
  350  “natural” or “individual,” includes both natural persons and
  351  legal entities.
  352         (54)(52) “Personal residence” means any residential
  353  building in which one temporarily or permanently maintains her
  354  or his abode, including, but not limited to, an apartment or a
  355  hotel, motel, nursing home, convalescent home, home for the
  356  aged, or a public or private institution.
  357         (55)(53) “Practice of direct disposition” means the
  358  cremation of human remains without preparation of the human
  359  remains by embalming and without any attendant services or rites
  360  such as funeral or graveside services or the making of
  361  arrangements for such final disposition.
  362         (56)(54) “Practice of embalming” means disinfecting or
  363  preserving or attempting to disinfect or preserve dead human
  364  bodies by replacing certain body fluids with preserving and
  365  disinfecting chemicals.
  366         (57)(55) “Practice of funeral directing” means the
  367  performance by a licensed funeral director of any of those
  368  functions authorized by s. 497.372.
  369         (58)(56) “Preneed contract” means any arrangement or
  370  method, of which the provider of funeral merchandise or services
  371  has actual knowledge, whereby any person agrees to furnish
  372  funeral merchandise or service in the future.
  373         (59)(57) “Preneed sales agent” means any person who is
  374  licensed under this chapter to sell preneed burial or funeral
  375  service and merchandise contracts or direct disposition
  376  contracts in this state.
  377         (60)(58) “Principal” means and includes the sole proprietor
  378  of a sole proprietorship; all partners of a partnership; all
  379  members of a limited liability company; regarding a corporation,
  380  all directors and officers, and all stockholders controlling
  381  more than 10 percent of the voting stock; and all other persons
  382  who can exercise control over the person or entity.
  383         (61)(59) “Processing” means the reduction of identifiable
  384  bone fragments after the completion of the cremation process to
  385  unidentifiable bone fragments by manual means.
  386         (62)(60) “Profession” and “occupation” are used
  387  interchangeably in this chapter. The use of the word
  388  “profession” in this chapter with respect to any activities
  389  regulated under this chapter shall not be deemed to mean that
  390  such activities are not occupations for other purposes in state
  391  or federal law.
  392         (63)(61) “Pulverization” means the reduction of
  393  identifiable bone fragments after the completion of the
  394  cremation and processing to granulated particles by manual or
  395  mechanical means.
  396         (64)(62) “Refrigeration facility” means a facility that is
  397  operated independently of a funeral establishment, crematory, or
  398  direct disposal establishment, that maintains space and
  399  equipment for the storage and refrigeration of dead human
  400  bodies, and that offers its service to funeral directors,
  401  funeral establishments, direct disposers, direct disposal
  402  establishments, or crematories for a fee.
  403         (65)(63) “Religious institution” means an organization
  404  formed primarily for religious purposes that has qualified for
  405  exemption from federal income tax as an exempt organization
  406  under the provisions of s. 501(c)(3) of the Internal Revenue
  407  Code of 1986, as amended.
  408         (66)(64) “Removal service” means any service that operates
  409  independently of a funeral establishment or a direct disposal
  410  establishment, that handles the initial removal of dead human
  411  bodies, and that offers its service to funeral establishments
  412  and direct disposal establishments for a fee.
  413         (67)(65) “Rules” refers to rules adopted under this chapter
  414  unless expressly indicated to the contrary.
  415         (68)(66) “Scattering garden” means a location set aside,
  416  within a cemetery, that is used for the spreading or
  417  broadcasting of cremated remains that have been removed from
  418  their container and can be mixed with or placed on top of the
  419  soil or ground cover or buried in an underground receptacle on a
  420  commingled basis and that are nonrecoverable. It may or may not
  421  include memorialization.
  422         (69)(67) “Servicing agent” means any person acting as an
  423  independent contractor whose fiduciary responsibility is to
  424  assist both the trustee and licensee in administrating their
  425  responsibilities pursuant to this chapter.
  426         (70)(68) “Solicitation” means any communication that
  427  directly or implicitly requests an immediate oral response from
  428  the recipient.
  429         (71)(69) “Statutory accounting” means generally accepted
  430  accounting principles, except as modified by this chapter.
  431         (72)(70) “Temporary container” means a receptacle for
  432  cremated remains usually made of cardboard, plastic, or similar
  433  material designated to hold the cremated remains until an urn or
  434  other permanent container is acquired.
  435         (73) “Unclaimed remains” means human remains that are not
  436  claimed by a legally authorized person, other than a medical
  437  examiner or the board of county commissioners, for final
  438  disposition at the person’s expense.
  439         (74)(71) “Urn” means a receptacle designed to permanently
  440  encase cremated remains.
  441         Section 3. Section 406.50, Florida Statutes, is
  442  transferred, renumbered as section 497.701, Florida Statutes,
  443  and amended to read:
  444         497.701 406.50 Unclaimed dead bodies or human remains;
  445  disposition, procedure.—
  446         (1) A person or entity that comes All public officers,
  447  agents, or employees of every county, city, village, town, or
  448  municipality and every person in charge of any prison, morgue,
  449  hospital, funeral parlor, or mortuary and all other persons
  450  coming into possession, charge, or control of unclaimed any dead
  451  human body or remains that which are unclaimed or which are
  452  required to be buried or cremated at public expense shall are
  453  hereby required to notify, immediately notify, the anatomical
  454  board, unless:
  455         (a) The unclaimed remains are decomposed or mutilated by
  456  wounds;
  457         (b) An autopsy is performed on the remains;
  458         (c) The remains contain whenever any such body, bodies, or
  459  remains come into its possession, charge, or control.
  460  Notification of the anatomical board is not required if the
  461  death was caused by crushing injury, the deceased had a
  462  contagious disease;
  463         (d) A legally authorized person, an autopsy was required to
  464  determine cause of death, the body was in a state of severe
  465  decomposition, or a family member objects to use of the remains
  466  body for medical education and research; or
  467         (e) The deceased person was a veteran of the United States
  468  Armed Forces, United States Reserve Forces, or National Guard
  469  and is eligible for burial in a national cemetery or was the
  470  spouse or dependent child of a veteran eligible for burial in a
  471  national cemetery.
  472         (2)(1)Before the final disposition of unclaimed remains,
  473  the person or entity in charge or control of the dead body or
  474  human remains shall make a reasonable effort to determine:
  475         (a) Determine the identity of the deceased person and shall
  476  further make a reasonable effort to contact any relatives of the
  477  such deceased person.
  478         (b) Determine whether or not the deceased person is
  479  eligible under 38 C.F.R. s. 38.620 for entitled to burial in a
  480  national cemetery as a veteran of the armed forces and, if
  481  eligible so, to cause the deceased person’s remains or cremated
  482  remains to be delivered to a national cemetery shall make
  483  arrangements for such burial services in accordance with the
  484  provisions of 38 C.F.R.
  485  
  486  For purposes of this subsection, “a reasonable effort” includes
  487  contacting the National Cemetery Scheduling Office and the
  488  county veterans service office or regional office of the United
  489  States Department of Veterans Affairs.
  490         (3)(2)Unclaimed remains Such dead human bodies as
  491  described in this chapter shall be delivered to the anatomical
  492  board as soon as possible after death. When no family exists or
  493  is available, a funeral director licensed under this chapter may
  494  assume the responsibility of a legally authorized person and
  495  may, after 48 hours have elapsed from the time of death,
  496  authorize arterial embalming for the purposes of storage and
  497  delivery of unclaimed remains to the anatomical board. A funeral
  498  director licensed under this chapter is not liable for damages
  499  under this subsection.
  500         (4) The remains of a deceased person whose identity is not
  501  known may not be cremated, donated as an anatomical gift, buried
  502  at sea, or removed from the state.
  503         (5) If the anatomical board does not accept the unclaimed
  504  remains, the county commission, or its designated county
  505  department, of the county in which the remains are found or the
  506  death occurred may authorize and arrange for the burial or
  507  cremation of the entire remains. A board of county commissioners
  508  may, in accordance with applicable laws and rules, prescribe
  509  policies and procedures for final disposition of unclaimed
  510  remains by resolution or ordinance.
  511         (6)(3)This part does not Nothing herein shall affect the
  512  right of a medical examiner to hold human such dead body or
  513  remains for the purpose of investigating the cause of death or,
  514  nor shall this chapter affect the right of any court of
  515  competent jurisdiction to enter an order affecting the
  516  disposition of such body or remains.
  517         (4) In the event more than one legally authorized person
  518  claims a body for interment, the requests shall be prioritized
  519  in accordance with s. 732.103.
  520  
  521  For purposes of this chapter, the term “anatomical board” means
  522  the anatomical board of this state located at the University of
  523  Florida Health Science Center, and the term “unclaimed” means a
  524  dead body or human remains that is not claimed by a legally
  525  authorized person, as defined in s. 497.005, for interment at
  526  that person’s expense.
  527         Section 4. Section 406.51, Florida Statutes, is
  528  transferred, renumbered as section 497.703, Florida Statutes,
  529  and amended to read:
  530         497.703 406.51Final disposition of unclaimed deceased
  531  veterans; contract requirements.—Any contract by a local
  532  governmental entity for the final disposition disposal of
  533  unclaimed human remains must provide for compliance with s.
  534  497.701(2) 406.50(1) and require that the procedures in 38
  535  C.F.R. s. 38.620, relating to disposition of unclaimed deceased
  536  veterans, are be followed.
  537         Section 5. Section 406.52, Florida Statutes, is
  538  transferred, renumbered as section 497.705, Florida Statutes,
  539  and amended to read:
  540         (Substantial rewording of section. See
  541         s. 406.52, F.S., for present text.)
  542         497.705 Retention of human remains before use; claim after
  543  delivery to anatomical board; procedures for unclaimed remains
  544  of indigent persons.—
  545         (1) The anatomical board shall keep in storage all human
  546  remains that it receives for at least 48 hours before allowing
  547  their use for medical education and research. The anatomical
  548  board may, for any reason, refuse to accept unclaimed remains or
  549  the remains of an indigent person.
  550         (2) At any time before their use for medical education or
  551  research, human remains delivered to the anatomical board may be
  552  claimed by a legally authorized person. The anatomical board
  553  shall release the remains to the legally authorized person after
  554  payment of the anatomical board’s expenses incurred for
  555  transporting, embalming, and storing the remains.
  556         (3)(a) A board of county commissioners may, in accordance
  557  with applicable laws and rules, prescribe policies and
  558  procedures for the final disposition of the unclaimed remains of
  559  an indigent person whose remains are found, or whose death
  560  occurred in the county, by resolution or ordinance.
  561         (b) A person licensed under this chapter is not liable for
  562  any damages resulting from cremating or burying such human
  563  remains at the written direction of the board of county
  564  commissioners or its designee.
  565         Section 6. Section 406.53, Florida Statutes, is
  566  transferred, renumbered as section 497.707, Florida Statutes,
  567  and amended to read:
  568         (Substantial rewording of section. See
  569         s. 406.53, F.S., for present text.)
  570         497.707 Unclaimed remains of indigent person; exemption
  571  from notice to the anatomical board.—A county commission or
  572  designated county department that receives a report of the
  573  unclaimed remains of an indigent person, notwithstanding s.
  574  497.701(1), is not required to notify the anatomical board of
  575  the remains if:
  576         (1) The indigent person’s remains are decomposed or
  577  mutilated by wounds;
  578         (2) A legally authorized person or a relative by blood or
  579  marriage claims the remains for final disposition at his or her
  580  expense or, if such relative or legally authorized person is
  581  also an indigent person, in a manner consistent with the
  582  policies and procedures of the board of county commissioners of
  583  the county in which the remains are found or the death occurred;
  584         (3) The deceased person was a veteran of the United States
  585  Armed Forces, United States Reserve Forces, or National Guard
  586  and is eligible for burial in a national cemetery or was the
  587  spouse or dependent child of a veteran eligible for burial in a
  588  national cemetery; or
  589         (4) A funeral director licensed under this chapter
  590  certifies that the anatomical board has been notified and either
  591  accepted or declined the remains.
  592         Section 7. Section 406.55, Florida Statutes, is
  593  transferred, renumbered as section 497.709, Florida Statutes,
  594  and amended to read:
  595         497.709 406.55 Contracts for delivery of human remains body
  596  after death prohibited.—The anatomical board may not enter is
  597  specifically prohibited from entering into any contract, oral or
  598  written, that provides for whereby any sum of money to shall be
  599  paid to any living person in exchange for which the delivery of
  600  that person’s remains body of said person shall be delivered to
  601  the anatomical board when the such living person dies.
  602         Section 8. Section 406.56, Florida Statutes, is
  603  transferred, renumbered as section 497.711, Florida Statutes,
  604  and amended to read:
  605         497.711 406.56 Acceptance of human remains bodies under
  606  will.—If any person being of sound mind executes shall execute a
  607  will leaving his or her remains body to the anatomical board for
  608  the advancement of medical education and research science and
  609  the such person dies within the geographical limits of the
  610  state, the anatomical board may is hereby empowered to accept
  611  and receive the person’s remains such body.
  612         Section 9. Section 406.57, Florida Statutes, is
  613  transferred, renumbered as section 497.713, Florida Statutes,
  614  and amended to read:
  615         497.713 406.57 Distribution of human remains dead bodies.
  616  The anatomical board or its duly authorized agent shall take and
  617  receive human remains the bodies delivered to it as provided in
  618  under the provisions of this chapter and shall:
  619         (1) Distribute the remains them equitably to and among the
  620  medical and dental schools, teaching hospitals, medical
  621  institutions, and health-related teaching programs that require
  622  cadaveric material for study; or
  623         (2) Loan the remains same may be loaned for examination or
  624  study purposes to recognized associations of licensed embalmers
  625  or funeral directors, or medical or dental examining boards, for
  626  educational or research purposes at the discretion of the
  627  anatomical board.
  628         Section 10. Section 406.58, Florida Statutes, is
  629  transferred, renumbered as section 497.715, Florida Statutes,
  630  and amended to read:
  631         497.715 406.58 Fees; authority to accept additional funds;
  632  annual audit.—
  633         (1) The anatomical board may:
  634         (a) Adopt is empowered to prescribe a schedule of fees to
  635  be collected from the institution or association to which the
  636  human remains bodies, as described in this chapter, are
  637  distributed or loaned to defray the costs of obtaining and
  638  preparing the remains such bodies.
  639         (b)(2) The anatomical board is hereby empowered to Receive
  640  money from public or private sources, in addition to the fees
  641  collected from the institution or association to which human
  642  remains the bodies are distributed, to be used to defray the
  643  costs of embalming, handling, shipping, storing, cremating, and
  644  otherwise storage, cremation, and other costs relating to the
  645  obtaining and using the remains. use of such bodies as described
  646  in this chapter; the anatomical board is empowered to
  647         (c) Pay the reasonable expenses, as determined by the
  648  anatomical board, incurred by a funeral establishment or removal
  649  service licensed under this chapter any person delivering human
  650  remains the bodies as described in this chapter to the
  651  anatomical board. and is further empowered to
  652         (d) Enter into contracts and perform such other acts as are
  653  necessary for to the proper performance of its duties.;
  654         (2) The Department of Financial Services shall keep and
  655  annually audit a complete record of all fees and other financial
  656  transactions of the said anatomical board and shall annually
  657  submit be kept and audited annually by the Department of
  658  Financial Services, and a report of the such audit shall be made
  659  annually to the University of Florida.
  660         Section 11. Section 406.59, Florida Statutes, is
  661  transferred, renumbered as section 497.717, Florida Statutes,
  662  and amended to read:
  663         497.717 406.59 Institutions receiving human remains
  664  bodies.—A No university, school, college, teaching hospital,
  665  institution, or association may not shall be allowed or
  666  permitted to receive any human remains such body or bodies as
  667  described in this chapter until its facilities are have been
  668  inspected and approved by the anatomical board. Human remains
  669  All such bodies received by such university, school, college,
  670  teaching hospital, institution, or association may not shall be
  671  used for any no other purpose other than the promotion of
  672  medical education and research science.
  673         Section 12. Section 406.60, Florida Statutes, is
  674  transferred, renumbered as section 497.719, Florida Statutes,
  675  and amended to read:
  676         497.719 406.60 Disposition of human remains bodies after
  677  use.—At any time When human remains any body or bodies or part
  678  or parts of any body or bodies, as described in this chapter,
  679  shall have been used for, and are not deemed of any no further
  680  value to, medical or dental science, then the person or persons
  681  having charge of the remains said body or parts of said body may
  682  dispose of the remains or any part thereof by cremation.
  683         Section 13. Section 406.61, Florida Statutes, is
  684  transferred, renumbered as section 497.721, Florida Statutes,
  685  and amended to read:
  686         497.721 406.61 Selling, buying, or conveying human remains
  687  bodies outside or within state prohibited; exceptions;,
  688  penalty.—
  689         (1) Any person who sells or buys human remains or any part
  690  thereof, body or parts of bodies as described in this chapter or
  691  any person except a recognized Florida medical or dental school
  692  who transmits or conveys or causes to be transmitted or conveyed
  693  such remains body or part thereof parts of bodies to any place
  694  outside or within this state, commits a misdemeanor of the first
  695  degree, punishable as provided in s. ss. 775.082 or s. and
  696  775.083. However, this chapter does not prohibit the anatomical
  697  board from transporting human remains specimens outside the
  698  state for educational or scientific purposes or prohibit the
  699  transport of human remains, any part of such remains bodies,
  700  parts of bodies, or tissue specimens for purposes in furtherance
  701  of lawful examination, investigation, or autopsy conducted
  702  pursuant to s. 406.11. Any person, institution, or organization
  703  that conveys human remains bodies or any part thereof within,
  704  parts of bodies into, or out of the state for medical education
  705  or research purposes must shall notify the anatomical board of
  706  such intent and receive approval from the anatomical board.
  707         (2) Any entity accredited by the American Association of
  708  Museums may convey plastinated human remains bodies or any part
  709  thereof parts of bodies into or out of the state for exhibition
  710  and public educational purposes without the consent of the
  711  anatomical board if the accredited entity:
  712         (a) Notifies the anatomical board of the conveyance and the
  713  duration and location of the exhibition at least 30 days before
  714  the intended conveyance.
  715         (b) Submits to the anatomical board a description of the
  716  remains bodies or any part thereof parts of bodies and the name
  717  and address of the company providing the remains bodies or any
  718  part thereof parts of bodies.
  719         (c) Submits to the anatomical board documentation that the
  720  remains were each body was donated by the decedent or his or her
  721  next of kin for purposes of plastination and public exhibition,
  722  or, in lieu of such documentation, an affidavit stating that the
  723  remains were each body was donated directly by the decedent or
  724  his or her next of kin for such purposes to the company
  725  providing the remains body and that such company has a donation
  726  form on file for the remains body.
  727         (3) Notwithstanding paragraph (2)(c) and in lieu of the
  728  documentation or affidavit required under paragraph (2)(c), for
  729  a plastinated body that, before July 1, 2009, was exhibited in
  730  this state by any entity accredited by the American Association
  731  of Museums that exhibited plastinated human remains in this
  732  state before July 1, 2009, such an accredited entity may submit
  733  an affidavit to the anatomical board stating that the remains
  734  were body was legally acquired and that the company providing
  735  the remains body has acquisition documentation on file for the
  736  remains body. This subsection expires January 1, 2012.
  737         Section 14. Section 406.54, Florida Statutes, is repealed.
  738         Section 15. This act shall take effect July 1, 2011.