HB 625

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 ss. 406.55, 406.56, 406.57,
27	406.58, and 406.59, F.S.; conforming provisions to
28	changes made by the act; amending s. 406.60, F.S.;
29	authorizing certain facilities to dispose of human
30	remains by cremation; amending s. 406.61, F.S.;
31	revising provisions prohibiting the selling, buying,
32	or bartering of human remains or the transmitting or
33	conveying of such remains outside the state to include
34	application to transmissions and conveyances within
35	the state; providing penalties; allowing certain
36	accredited schools and organizations to convey human
37	remains in or out of state for medical or research
38	purposes; requiring the anatomical board to establish
39	criteria to approve the conveyance of human remains;
40	requiring documentation authorizing the use of an
41	anatomical gift for medical or dental education or
42	research purposes; deleting provisions relating to
43	procedures for the conveyance of plastinated human
44	remains into or out of the state pursuant to their
45	scheduled expiration; conforming terminology;
46	repealing s. 406.54, F.S., relating to claims of
47	bodies after delivery to the anatomical board;
48	amending s. 765.513, F.S.; revising the list of donees
49	who may accept anatomical gifts and the purposes for
50	which such a gift may be used; providing an effective
51	date.
52
53	Be It Enacted by the Legislature of the State of Florida:
54
55	Section 1.  Section 406.49, Florida Statutes, is created to
56	read:
57	406.49  Definitions.-As used in this part, the term:
58	(1)  "Anatomical board" means the anatomical board of the
59	state headquartered at the University of Florida Health Science
60	Center.
61	(2)  "Cremated remains" has the same meaning as in s.
62	497.005.
63	(3)  "Final disposition" has the same meaning as in s.
64	497.005.
65	(4)  "Human remains" or "remains" has the same meaning as
66	in s. 497.005.
67	(5)  "Indigent person" means a person whose family income
68	does not exceed 100 percent of the current federal poverty
69	guidelines prescribed for the family's household size by the
70	United States Department of Health and Human Services.
71	(6)  "Legally authorized person" has the same meaning as in
72	s. 497.005.
73	(7)  "Unclaimed remains" means human remains that are not
74	claimed by a legally authorized person, other than a medical
75	examiner or the board of county commissioners, for final
76	disposition at the person's expense.
77	Section 2.  Section 406.50, Florida Statutes, is amended to
78	read:
79	406.50  Unclaimed dead bodies or human remains;
80	disposition, procedure.-
81	(1)  A person or entity that comes All public officers,
82	agents, or employees of every county, city, village, town, or
83	municipality and every person in charge of any prison, morgue,
84	hospital, funeral parlor, or mortuary and all other persons
85	coming into possession, charge, or control of unclaimed any dead
86	human body or remains that which are unclaimed or which are
87	required to be buried or cremated at public expense shall are
88	hereby required to notify, immediately notify, the anatomical
89	board, unless:
90	(a)  The unclaimed remains are decomposed or mutilated by
91	wounds;
92	(b)  An autopsy is performed on the remains;
93	(c)  The remains contain whenever any such body, bodies, or
94	remains come into its possession, charge, or control.
95	Notification of the anatomical board is not required if the
96	death was caused by crushing injury, the deceased had a
97	contagious disease;
98	(d)  A legally authorized person, an autopsy was required
99	to determine cause of death, the body was in a state of severe
100	decomposition, or a family member objects to use of the remains
101	body for medical education or and research; or
102	(e)  The deceased person was a veteran of the United States
103	Armed Forces, United States Reserve Forces, or National Guard
104	and is eligible for burial in a national cemetery or was the
105	spouse or dependent child of a veteran eligible for burial in a
106	national cemetery.
107	(2)(1)  Before the final disposition of unclaimed remains,
108	the person or entity in charge or control of the dead body or
109	human remains shall make a reasonable effort to determine:
110	(a)  Determine the identity of the deceased person and
111	shall further make a reasonable effort to contact any relatives
112	of the such deceased person.
113	(b)  Determine whether or not the deceased person is
114	eligible under 38 C.F.R. s. 38.620 for entitled to burial in a
115	national cemetery as a veteran of the armed forces and, if
116	eligible so, to cause the deceased person's remains or cremated
117	remains to be delivered to a national cemetery shall make
118	arrangements for such burial services in accordance with the
119	provisions of 38 C.F.R.
120
121	For purposes of this subsection, "a reasonable effort" includes
122	contacting the National Cemetery Scheduling Office, the county
123	veterans service office, or the regional office of the United
124	States Department of Veterans Affairs.
125	(3)(2)  Unclaimed remains Such dead human bodies as
126	described in this chapter shall be delivered to the anatomical
127	board as soon as possible after death. When no family exists or
128	is available, a funeral director licensed under chapter 497 may
129	assume the responsibility of a legally authorized person and
130	may, after 24 hours have elapsed from the time of death,
131	authorize arterial embalming for the purposes of storage and
132	delivery of unclaimed remains to the anatomical board. A funeral
133	director licensed under chapter 497 is not liable for damages
134	under this subsection.
135	(4)  The remains of a deceased person whose identity is not
136	known may not be cremated, donated as an anatomical gift, buried
137	at sea, or removed from the state.
138	(5)  If the anatomical board does not accept the unclaimed
139	remains, the county commission, or its designated county
140	department, of the county in which the remains are found or the
141	death occurred may authorize and arrange for the burial or
142	cremation of the entire remains. A board of county commissioners
143	may, in accordance with applicable laws and rules, prescribe
144	policies and procedures for final disposition of unclaimed
145	remains by resolution or ordinance.
146	(6)(3)  This part does not Nothing herein shall affect the
147	right of a medical examiner to hold human such dead body or
148	remains for the purpose of investigating the cause of death or,
149	nor shall this chapter affect the right of any court of
150	competent jurisdiction to enter an order affecting the
151	disposition of such body or remains.
152	(4)  In the event more than one legally authorized person
153	claims a body for interment, the requests shall be prioritized
154	in accordance with s. 732.103.
155
156	For purposes of this chapter, the term "anatomical board" means
157	the anatomical board of this state located at the University of
158	Florida Health Science Center, and the term "unclaimed" means a
159	dead body or human remains that is not claimed by a legally
160	authorized person, as defined in s. 497.005, for interment at
161	that person's expense.
162	Section 3.  Section 406.51, Florida Statutes, is amended to
163	read:
164	406.51  Final disposition of unclaimed deceased veterans;
165	contract requirements.-Any contract by a local governmental
166	entity for the final disposition disposal of unclaimed human
167	remains must provide for compliance with s. 406.50(2)(1) and
168	require that the procedures in 38 C.F.R. s. 38.620, relating to
169	disposition of unclaimed deceased veterans, are be followed.
170	Section 4.  Section 406.52, Florida Statutes, is amended to
171	read:
172	(Substantial rewording of section. See
173	s. 406.52, F.S., for present text.)
174	406.52  Retention of human remains before use; claim after
175	delivery to anatomical board; procedures for unclaimed remains
176	of indigent persons.-
177	(1)  The anatomical board shall keep in storage all human
178	remains that it receives for at least 48 hours before allowing
179	their use for medical education or research. The anatomical
180	board may, for any reason, refuse to accept unclaimed remains or
181	the remains of an indigent person.
182	(2)  At any time before their use for medical education or
183	research, human remains delivered to the anatomical board may be
184	claimed by a legally authorized person. The anatomical board
185	shall release the remains to the legally authorized person after
186	payment of the anatomical board's expenses incurred for
187	transporting, embalming, and storing the remains.
188	(3)(a)  A board of county commissioners may, in accordance
189	with applicable laws and rules, prescribe policies and
190	procedures for the burial or cremation of the entire unclaimed
191	remains of an indigent person whose remains are found, or whose
192	death occurred in the county, by resolution or ordinance.
193	(b)  A person licensed under chapter 497 is not liable for
194	any damages resulting from cremating or burying such human
195	remains at the written direction of the board of county
196	commissioners or its designee.
197	Section 5.  Section 406.53, Florida Statutes, is amended to
198	read:
199	(Substantial rewording of section. See
200	s. 406.53, F.S., for present text.)
201	406.53  Unclaimed remains of indigent person; exemption
202	from notice to the anatomical board.-A county commission or
203	designated county department that receives a report of the
204	unclaimed remains of an indigent person, notwithstanding s.
205	406.50(1), is not required to notify the anatomical board of the
206	remains if:
207	(1)  The indigent person's remains are decomposed or
208	mutilated by wounds or if an autopsy is performed on the
209	remains;
210	(2)  A legally authorized person or a relative by blood or
211	marriage claims the remains for final disposition at his or her
212	expense or, if such relative or legally authorized person is
213	also an indigent person, in a manner consistent with the
214	policies and procedures of the board of county commissioners of
215	the county in which the remains are found or the death occurred;
216	(3)  The deceased person was a veteran of the United States
217	Armed Forces, United States Reserve Forces, or National Guard
218	and is eligible for burial in a national cemetery or was the
219	spouse or dependent child of a veteran eligible for burial in a
220	national cemetery; or
221	(4)  A funeral director licensed under chapter 497
222	certifies that the anatomical board has been notified and either
223	accepted or declined the remains.
224	Section 6.  Section 406.55, Florida Statutes, is amended to
225	read:
226	406.55  Contracts for delivery of human remains body after
227	death prohibited.-The anatomical board may not enter is
228	specifically prohibited from entering into any contract, oral or
229	written, that provides for whereby any sum of money to shall be
230	paid to any living person in exchange for which the delivery of
231	that person's remains body of said person shall be delivered to
232	the anatomical board when the such living person dies.
233	Section 7.  Section 406.56, Florida Statutes, is amended to
234	read:
235	406.56  Acceptance of human remains bodies under will.-If
236	any person being of sound mind executes shall execute a will
237	leaving his or her remains body to the anatomical board for the
238	advancement of medical education or research science and the
239	such person dies within the geographical limits of the state,
240	the anatomical board may is hereby empowered to accept and
241	receive the person's remains such body.
242	Section 8.  Section 406.57, Florida Statutes, is amended to
243	read:
244	406.57  Distribution of human remains dead bodies.-The
245	anatomical board or its duly authorized agent shall take and
246	receive human remains the bodies delivered to it as provided in
247	under the provisions of this chapter and shall:
248	(1)  Distribute the remains them equitably to and among the
249	medical and dental schools, teaching hospitals, medical
250	institutions, and health-related teaching programs that require
251	cadaveric material for study; or
252	(2)  Loan the remains same may be loaned for examination or
253	study purposes to accredited colleges of mortuary science
254	recognized associations of licensed embalmers or funeral
255	directors, or medical or dental examining boards for educational
256	or research purposes at the discretion of the anatomical board.
257	Section 9.  Section 406.58, Florida Statutes, is amended to
258	read:
259	406.58  Fees; authority to accept additional funds; annual
260	audit.-
261	(1)  The anatomical board may:
262	(a)  Adopt is empowered to prescribe a schedule of fees to
263	be collected from the institutions institution or association to
264	which the human remains bodies, as described in this chapter,
265	are distributed or loaned to defray the costs of obtaining and
266	preparing the remains such bodies.
267	(b)(2)  The anatomical board is hereby empowered to Receive
268	money from public or private sources, in addition to the fees
269	collected from the institutions institution or association to
270	which human remains the bodies are distributed, to be used to
271	defray the costs of embalming, handling, shipping, storing,
272	cremating, and otherwise storage, cremation, and other costs
273	relating to the obtaining and using the remains. use of such
274	bodies as described in this chapter; the anatomical board is
275	empowered to
276	(c)  Pay the reasonable expenses, as determined by the
277	anatomical board, incurred by a funeral establishment licensed
278	under chapter 497 transporting unclaimed human remains any
279	person delivering the bodies as described in this chapter to the
280	anatomical board. and is further empowered to
281	(d)  Enter into contracts and perform such other acts as
282	are necessary for to the proper performance of its duties.;
283	(2)  The Department of Financial Services shall keep and
284	annually audit a complete record of all fees and other financial
285	transactions of the said anatomical board and shall annually
286	submit be kept and audited annually by the Department of
287	Financial Services, and a report of the such audit shall be made
288	annually to the University of Florida.
289	Section 10.  Section 406.59, Florida Statutes, is amended
290	to read:
291	406.59  Institutions receiving human remains bodies.-A No
292	university, school, college, teaching hospital, or institution
293	may not, or association shall be allowed or permitted to receive
294	any human remains from the anatomical board such body or bodies
295	as described in this chapter until its facilities are have been
296	inspected and approved by the anatomical board. Human remains
297	All such bodies received by such university, school, college,
298	teaching hospital, or institution may not, or association shall
299	be used for any no other purpose other than the promotion of
300	medical education or research science.
301	Section 11.  Section 406.60, Florida Statutes, is amended
302	to read:
303	406.60  Disposition of human remains bodies after use.-At
304	any time When human remains any body or bodies or part or parts
305	of any body or bodies, as described in this chapter, shall have
306	been used for, and are not deemed of any no further value to,
307	medical or dental education or research science, then the
308	anatomical board or a cinerator facility licensed under chapter
309	497 person or persons having charge of said body or parts of
310	said body may dispose of the remains or any part thereof by
311	cremation.
312	Section 12.  Section 406.61, Florida Statutes, is amended
313	to read:
314	406.61  Selling, buying, bartering, or conveying human
315	remains bodies outside or within state prohibited; exceptions;,
316	penalty.-
317	(1)  Any person who sells, or buys, or barters human
318	remains or any part thereof, body or parts of bodies as
319	described in this chapter or any person except a recognized
320	Florida medical or dental school who transmits or conveys or
321	causes to be transmitted or conveyed such remains body or part
322	thereof parts of bodies to any place outside or within this
323	state, commits a misdemeanor of the first degree, punishable as
324	provided in s. ss. 775.082 or s. and 775.083. However, this
325	chapter does not prohibit the anatomical board from transporting
326	human remains specimens outside or within the state for
327	educational or scientific purposes or prohibit the transport of
328	human remains, any part of such remains bodies, parts of bodies,
329	or tissue specimens for purposes in furtherance of lawful
330	examination, investigation, or autopsy conducted pursuant to s.
331	406.11.
332	(2)  Any nontransplant anatomical donation organization
333	accredited by the American Association of Tissue Banks or an
334	accredited medical or dental college or university may convey
335	human remains person, institution, or organization that conveys
336	bodies or any part thereof within, parts of bodies into, or out
337	of the state for medical or dental education or research
338	purposes. The organization must shall notify the anatomical
339	board at least 72 hours before the organization intends to
340	convey of such remains intent and must receive approval from the
341	anatomical board before conveyance. The anatomical board shall:
342	(a)  Establish criteria for the information required to be
343	submitted by the organization to ensure the health and safety of
344	the public and grant requests for approval. Failure to provide
345	such information shall be grounds for denial of the request.
346	(b)  Require documentation from a legally authorized person
347	who may make an anatomical gift pursuant to s. 765.512
348	authorizing its use in medical or dental education or research.
349	If the remains or any part thereof is to be segmented or
350	disarticulated, such documentation must include the legally
351	authorized person's specific consent and must describe any part
352	of the remains that is to be segmented or disarticulated.
353	(3)(2)  Any entity accredited by the American Association
354	of Museums may convey plastinated human remains bodies or any
355	part thereof within, parts of bodies into, or out of the state
356	for exhibition and public educational purposes without the
357	consent of the anatomical board if the accredited entity:
358	(a)  Notifies the anatomical board of the conveyance and
359	the duration and location of the exhibition at least 30 days
360	before the intended conveyance.
361	(b)  Submits to the anatomical board a description of the
362	remains bodies or any part thereof parts of bodies and the name
363	and address of the company providing the remains bodies or any
364	part thereof parts of bodies.
365	(c)  Submits to the anatomical board documentation that the
366	remains or each part thereof body was donated by the decedent or
367	his or her next of kin for purposes of plastination and public
368	exhibition, or, in lieu of such documentation, an affidavit
369	stating that the remains or each part thereof body was donated
370	directly by the decedent or his or her next of kin for such
371	purposes to the company providing the remains body and that such
372	company has a donation form on file for the remains body.
373	(3)  Notwithstanding paragraph (2)(c) and in lieu of the
374	documentation or affidavit required under paragraph (2)(c), for
375	a plastinated body that, before July 1, 2009, was exhibited in
376	this state by any entity accredited by the American Association
377	of Museums, such an accredited entity may submit an affidavit to
378	the board stating that the body was legally acquired and that
379	the company providing the body has acquisition documentation on
380	file for the body. This subsection expires January 1, 2012.
381	Section 13.  Section 406.54, Florida Statutes, is repealed.
382	Section 14.  Subsection (1) of section 765.513, Florida
383	Statutes, is amended to read:
384	765.513  Donees; purposes for which anatomical gifts may be
385	made.-
386	(1)  The following persons or entities may become donees of
387	anatomical gifts of bodies or parts of them for the purposes
388	stated:
389	(a)  Any procurement organization or accredited medical or
390	dental school, college, or university for education, research,
391	therapy, or transplantation.
392	(b)  Any individual specified by name for therapy or
393	transplantation needed by him or her.
394	(c)  The anatomical board as defined in s. 406.49(1) for
395	donation of the whole body for medical or dental education or
396	research.
397	Section 15.  This act shall take effect July 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.