Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. SB 370
Barcode 206074
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/07/2013 .
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The Committee on Regulated Industries (Sachs) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsections (8) and (9) of section 382.002,
6 Florida Statutes, are amended to read:
7 382.002 Definitions.—As used in this chapter, the term:
8 (8) “Final disposition” means the burial, interment,
9 cremation, removal from the state, anatomical donation, or other
10 authorized disposition of a dead body or a fetus as described in
11 subsection (7). In the case of cremation, dispersion of ashes or
12 cremation residue is considered to occur after final
13 disposition; the cremation itself is considered final
14 disposition. In the case of anatomical donation of a dead body,
15 the donation itself is considered final disposition.
16 (9) “Funeral director” means a licensed funeral director or
17 direct disposer licensed pursuant to chapter 497 or other person
18 who first assumes custody of or effects the final disposition of
19 a dead body or a fetus as described in subsection (7).
20 Section 2. Subsection (2) of section 382.006, Florida
21 Statutes, is amended to read:
22 382.006 Burial-transit permit.—
23 (2) A burial-transit permit shall be issued by the
24 department or the local registrar or subregistrar of the
25 registration district in which the death occurred or the body
26 was found. A burial-transit permit may shall not be issued:
27 (a) Until a complete and satisfactory certificate of death
28 or fetal death is has been filed in accordance with the
29 requirements of this chapter and adopted rules, unless the
30 funeral director provides adequate assurance that a complete and
31 satisfactory certificate will be so registered.
32 (b) Except under conditions prescribed by the department,
33 if the death occurred from some disease that which is deemed
34 held by the department to be infectious, contagious, or
35 communicable and dangerous to the public health.
36 Section 3. Paragraph (a) of subsection (2) and subsections
37 (3), (4), and (5) of section 382.008, Florida Statutes, are
38 amended to read:
39 382.008 Death and fetal death registration.—
40 (2)(a) The funeral director who first assumes custody of a
41 dead body or fetus shall file the certificate of death or fetal
42 death. In the absence of the funeral director, the physician or
43 other person in attendance at or after the death or the district
44 medical examiner of the county in which the death occurred or
45 the body was found shall file the certificate of death or fetal
46 death. The person who files the certificate shall obtain
47 personal data from the next of kin or the best qualified person
48 or source available. The medical certification of cause of death
49 shall be furnished to the funeral director, either in person or
50 via certified mail or electronic transfer, by the physician or
51 medical examiner responsible for furnishing such information.
52 For fetal deaths, the physician, midwife, or hospital
53 administrator shall provide any medical or health information to
54 the funeral director within 72 hours after expulsion or
55 extraction.
56 (3) Within 72 hours after receipt of a death or fetal death
57 certificate from the funeral director, the medical certification
58 of cause of death shall be completed and made available to the
59 funeral director by the decedent’s primary or attending
60 physician in charge of the decedent’s care for the illness or
61 condition which resulted in death, the physician in attendance
62 at the time of death or fetal death or immediately before or
63 after such death or fetal death, or, if s. 382.011 applies, the
64 district medical examiner of the county in which the death
65 occurred or the body was found if the provisions of s. 382.011
66 apply. The primary or attending physician or medical examiner
67 shall certify over his or her signature the cause of death to
68 the best of his or her knowledge and belief. As used in this
69 section, the term “primary or attending physician” means a
70 physician who treated the decedent through examination, medical
71 advice, or medication during the 12 months preceding the date of
72 death.
73 (a) The local registrar may grant the funeral director an
74 extension of time upon a good and sufficient showing of any of
75 the following conditions:
76 1. An autopsy is pending.
77 2. Toxicology, laboratory, or other diagnostic reports have
78 not been completed.
79 3. The identity of the decedent is unknown and further
80 investigation or identification is required.
81 (b) If the decedent’s primary or attending physician or
82 district medical examiner of the county in which the death
83 occurred or the body was found indicates has indicated that he
84 or she will sign and complete the medical certification of cause
85 of death, but will not be available until after the 5-day
86 registration deadline, the local registrar may grant an
87 extension of 5 days. If a further extension is required, the
88 funeral director must provide written justification to the
89 registrar.
90 (4) If the department or local registrar grants has granted
91 an extension of time to provide the medical certification of
92 cause of death, the funeral director shall file a temporary
93 certificate of death or fetal death which shall contain all
94 available information, including the fact that the cause of
95 death is pending. The decedent’s primary or attending physician
96 or the district medical examiner of the county in which the
97 death occurred or the body was found shall provide an estimated
98 date for completion of the permanent certificate.
99 (5) A permanent certificate of death or fetal death,
100 containing the cause of death and any other information that
101 which was previously unavailable, shall be registered as a
102 replacement for the temporary certificate. The permanent
103 certificate may also include corrected information if the items
104 being corrected are noted on the back of the certificate and
105 dated and signed by the funeral director, physician, or district
106 medical examiner of the county in which the death occurred or
107 the body was found, as appropriate.
108 Section 4. Subsection (1) of section 382.011, Florida
109 Statutes, is amended to read:
110 382.011 Medical examiner determination of cause of death.—
111 (1) In the case of any death or fetal death due to causes
112 or conditions listed in s. 406.11, any or where the death that
113 occurred more than 12 months 30 days after the decedent was last
114 treated by a primary or attending physician as defined in s.
115 382.008(3) unless the death was medically expected as certified
116 by an attending physician, or any death for which where there is
117 reason to believe that the death may have been due to an
118 unlawful act or neglect, the funeral director or other person to
119 whose attention the death may come shall refer the case to the
120 district medical examiner of the county district in which the
121 death occurred or the body was found for investigation and
122 determination of the cause of death.
123 Section 5. Section 406.49, Florida Statutes, is created in
124 part II of chapter 406, Florida Statutes, to read:
125 406.49 Definitions.—As used in this part, the term:
126 (1) “Anatomical board” means the anatomical board of the
127 state headquartered at the University of Florida Health Science
128 Center.
129 (2) “Cremated remains” has the same meaning as provided in
130 s. 497.005.
131 (3) “Final disposition” has the same meaning as provided in
132 s. 497.005.
133 (4) “Human remains” or “remains” has the same meaning as
134 provided in s. 497.005.
135 (5) “Indigent person” means a person whose family income
136 does not exceed 100 percent of the current federal poverty
137 guidelines prescribed for the family’s household size by the
138 United States Department of Health and Human Services.
139 (6) “Legally authorized person” has the same meaning as
140 provided in s. 497.005.
141 (7) “Nontransplant anatomical donation organization” means
142 a tissue bank or other organization that facilitates
143 nontransplant anatomical donation, including referral, obtaining
144 informed consent or authorization, acquisition, traceability,
145 transport, assessing donor acceptability, preparation,
146 packaging, labeling, storage, release, evaluating intended use,
147 distribution, and final disposition of nontransplant anatomical
148 donations.
149 (8) “Unclaimed remains” means human remains that are not
150 claimed by a legally authorized person, other than a medical
151 examiner or the board of county commissioners, for final
152 disposition at the person’s expense.
153 Section 6. Section 406.50, Florida Statutes, is amended to
154 read:
155 406.50 Unclaimed dead bodies or human remains; disposition,
156 procedure.—
157 (1) A person or entity that comes All public officers,
158 agents, or employees of every county, city, village, town, or
159 municipality and every person in charge of any prison, morgue,
160 hospital, funeral parlor, or mortuary and all other persons
161 coming into possession, charge, or control of unclaimed any dead
162 human body or remains that which are unclaimed or which are
163 required to be buried or cremated at public expense shall are
164 hereby required to notify, immediately notify, the anatomical
165 board, unless:
166 (a) The unclaimed remains are decomposed or mutilated by
167 wounds;
168 (b) An autopsy is performed on the remains;
169 (c) The remains contain whenever any such body, bodies, or
170 remains come into its possession, charge, or control.
171 Notification of the anatomical board is not required if the
172 death was caused by crushing injury, the deceased had a
173 contagious disease;
174 (d) A legally authorized person, an autopsy was required to
175 determine cause of death, the body was in a state of severe
176 decomposition, or a family member objects to use of the remains
177 body for medical education or and research; or
178 (e) The deceased person was a veteran of the United States
179 Armed Forces, United States Reserve Forces, or National Guard
180 and is eligible for burial in a national cemetery or was the
181 spouse or dependent child of a veteran eligible for burial in a
182 national cemetery.
183 (2)(1) Before the final disposition of unclaimed remains,
184 the person or entity in charge or control of the dead body or
185 human remains shall make a reasonable effort to determine:
186 (a) Determine the identity of the deceased person and shall
187 further make a reasonable effort to contact any relatives of the
188 such deceased person.
189 (b) Determine whether or not the deceased person is
190 eligible under 38 C.F.R. s. 38.620 for entitled to burial in a
191 national cemetery as a veteran of the armed forces and, if
192 eligible so, to cause the deceased person’s remains or cremated
193 remains to be delivered to a national cemetery shall make
194 arrangements for such burial services in accordance with the
195 provisions of 38 C.F.R.
196
197 For purposes of this subsection, “a reasonable effort” includes
198 contacting the National Cemetery Scheduling Office, the county
199 veterans service office, or the regional office of the United
200 States Department of Veterans Affairs.
201 (3)(2) Unclaimed remains Such dead human bodies as
202 described in this chapter shall be delivered to the anatomical
203 board as soon as possible after death. When no family exists or
204 is available, a funeral director licensed under chapter 497 may
205 assume the responsibility of a legally authorized person and
206 may, after 24 hours have elapsed since the time of death,
207 authorize arterial embalming for the purposes of storage and
208 delivery of unclaimed remains to the anatomical board. A funeral
209 director licensed under chapter 497 is not liable for damages
210 under this subsection.
211 (4) The remains of a deceased person whose identity is not
212 known may not be cremated, donated as an anatomical gift, buried
213 at sea, or removed from the state.
214 (5) If the anatomical board does not accept the unclaimed
215 remains, the board of county commissioners or its designated
216 county department of the county in which the death occurred or
217 the remains were found may authorize and arrange for the burial
218 or cremation of the entire remains. A board of county
219 commissioners may by resolution or ordinance, in accordance with
220 applicable laws and rules, prescribe policies and procedures for
221 final disposition of unclaimed remains.
222 (6)(3) This part does not Nothing herein shall affect the
223 right of a medical examiner to hold human such dead body or
224 remains for the purpose of investigating the cause of death or,
225 nor shall this chapter affect the right of any court of
226 competent jurisdiction to enter an order affecting the
227 disposition of such body or remains.
228 (4) In the event more than one legally authorized person
229 claims a body for interment, the requests shall be prioritized
230 in accordance with s. 732.103.
231
232 For purposes of this chapter, the term “anatomical board” means
233 the anatomical board of this state located at the University of
234 Florida Health Science Center, and the term “unclaimed” means a
235 dead body or human remains that is not claimed by a legally
236 authorized person, as defined in s. 497.005, for interment at
237 that person’s expense.
238 Section 7. Section 406.51, Florida Statutes, is amended to
239 read:
240 406.51 Final disposition of unclaimed deceased veterans;
241 contract requirements.—Any contract by a local governmental
242 entity for the final disposition disposal of unclaimed human
243 remains must provide for compliance with s. 406.50(2) 406.50(1)
244 and require that the procedures in 38 C.F.R. s. 38.620, relating
245 to disposition of unclaimed deceased veterans, are be followed.
246 Section 8. Section 406.52, Florida Statutes, is amended to
247 read:
248 (Substantial rewording of section. See
249 s. 406.52, F.S., for present text.)
250 406.52 Retention of human remains before use; claim after
251 delivery to anatomical board; procedures for unclaimed remains
252 of indigent persons.—
253 (1) The anatomical board shall keep in storage all human
254 remains that it receives for at least 48 hours before allowing
255 their use for medical education or research. Human remains may
256 be embalmed when received. The anatomical board may, for any
257 reason, refuse to accept unclaimed remains or the remains of an
258 indigent person.
259 (2) At any time before their use for medical education or
260 research, human remains delivered to the anatomical board may be
261 claimed by a legally authorized person. The anatomical board
262 shall release the remains to the legally authorized person after
263 payment of the anatomical board’s expenses incurred for
264 transporting, embalming, and storing the remains.
265 (3)(a) A board of county commissioners may by resolution or
266 ordinance, in accordance with applicable laws and rules,
267 prescribe policies and procedures for the burial or cremation of
268 the entire unclaimed remains of an indigent person whose death
269 occurred, or whose remains were found, in the county.
270 (b) A person licensed under chapter 497 is not liable for
271 any damages resulting from cremating or burying such human
272 remains at the written direction of the board of county
273 commissioners or its designee.
274 Section 9. Section 406.53, Florida Statutes, is amended to
275 read:
276 (Substantial rewording of section. See
277 s. 406.53, F.S., for present text.)
278 406.53 Unclaimed remains of indigent person; exemption from
279 notice to the anatomical board.—A board of county commissioners
280 or its designated county department that receives a report of
281 the unclaimed remains of an indigent person, notwithstanding s.
282 406.50(1), is not required to notify the anatomical board of the
283 remains if:
284 (1) The indigent person’s remains are decomposed or
285 mutilated by wounds or if an autopsy is performed on the
286 remains;
287 (2) A legally authorized person or a relative by blood or
288 marriage claims the remains for final disposition at his or her
289 expense or, if such relative or legally authorized person is
290 also an indigent person, in a manner consistent with the
291 policies and procedures of the board of county commissioners of
292 the county in which the death occurred or the remains were
293 found;
294 (3) The deceased person was a veteran of the United States
295 Armed Forces, United States Reserve Forces, or National Guard
296 and is eligible for burial in a national cemetery or was the
297 spouse or dependent child of a veteran eligible for burial in a
298 national cemetery; or
299 (4) A funeral director licensed under chapter 497 certifies
300 that the anatomical board has been notified and either accepted
301 or declined the remains.
302 Section 10. Section 406.55, Florida Statutes, is amended to
303 read:
304 406.55 Contracts for delivery of human remains body after
305 death prohibited.—The anatomical board may not enter is
306 specifically prohibited from entering into any contract, oral or
307 written, that provides for whereby any sum of money to shall be
308 paid to any living person in exchange for which the delivery of
309 that person’s remains body of said person shall be delivered to
310 the anatomical board when the such living person dies.
311 Section 11. Section 406.56, Florida Statutes, is amended to
312 read:
313 406.56 Acceptance of human remains bodies under will.—If
314 any person being of sound mind executes shall execute a will
315 leaving his or her remains body to the anatomical board for the
316 advancement of medical education or research science and the
317 such person dies within the geographical limits of the state,
318 the anatomical board may is hereby empowered to accept and
319 receive the person’s remains such body.
320 Section 12. Section 406.57, Florida Statutes, is amended to
321 read:
322 406.57 Distribution of human remains dead bodies.—The
323 anatomical board or its duly authorized agent shall take and
324 receive human remains the bodies delivered to it as provided in
325 under the provisions of this chapter and shall:
326 (1) Distribute the remains them equitably to and among the
327 medical and dental schools, teaching hospitals, medical
328 institutions, and health-related teaching programs that require
329 cadaveric material for study; or
330 (2) Loan the remains same may be loaned for examination or
331 study purposes to accredited colleges of mortuary science
332 recognized associations of licensed embalmers or funeral
333 directors, or medical or dental examining boards for educational
334 or research purposes at the discretion of the anatomical board.
335 Section 13. Section 406.58, Florida Statutes, is amended to
336 read:
337 406.58 Fees; authority to accept additional funds; annual
338 audit.—
339 (1) The anatomical board may:
340 (a) Adopt is empowered to prescribe a schedule of fees to
341 be collected from the institutions institution or association to
342 which the human remains bodies, as described in this chapter,
343 are distributed or loaned to defray the costs of obtaining and
344 preparing the remains such bodies.
345 (b)(2) The anatomical board is hereby empowered to Receive
346 money from public or private sources, in addition to the fees
347 collected from the institutions institution or association to
348 which human remains the bodies are distributed, to be used to
349 defray the costs of embalming, handling, shipping, storing,
350 cremating, and otherwise storage, cremation, and other costs
351 relating to the obtaining and using the remains. use of such
352 bodies as described in this chapter; the anatomical board is
353 empowered to
354 (c) Pay or reimburse the reasonable expenses, as determined
355 by the anatomical board, incurred by a funeral establishment or
356 removal service licensed under chapter 497 for the removal,
357 storage, and transportation any person delivering the bodies as
358 described in this chapter to the anatomical board of unclaimed
359 human remains. and is further empowered to
360 (d) Enter into contracts and perform such other acts as are
361 necessary for to the proper performance of its duties.;
362 (2) The anatomical board shall keep a complete record of
363 all fees and other financial transactions. The University of
364 Florida shall conduct an audit of the financial records of the
365 anatomical board at least once every 3 years or more frequently
366 as the university deems necessary. Within 90 days after
367 completing an audit, the university shall provide a copy of the
368 audit to the Department of Financial Services. The university
369 may contract with a licensed public accounting firm to provide
370 for the audit, which firm may be paid from the fees collected by
371 the of said anatomical board shall be kept and audited annually
372 by the Department of Financial Services, and a report of such
373 audit shall be made annually to the University of Florida.
374 Section 14. Section 406.59, Florida Statutes, is amended to
375 read:
376 406.59 Institutions receiving human remains bodies.—A No
377 university, school, college, teaching hospital, or institution
378 may not, or association shall be allowed or permitted to receive
379 any human remains from the anatomical board such body or bodies
380 as described in this chapter until its facilities are have been
381 inspected and approved by the anatomical board. Human remains
382 All such bodies received by such university, school, college,
383 teaching hospital, or institution may not, or association shall
384 be used for any no other purpose other than the promotion of
385 medical education or research science.
386 Section 15. Section 406.60, Florida Statutes, is amended to
387 read:
388 406.60 Disposition of human remains bodies after use.—At
389 any time When human remains any body or bodies or part or parts
390 of any body or bodies, as described in this chapter, shall have
391 been used for, and are not deemed of any no further value to,
392 medical or dental education or research science, then the
393 anatomical board or a cinerator facility licensed under chapter
394 497 person or persons having charge of said body or parts of
395 said body may dispose of the remains or any part thereof by
396 cremation.
397 Section 16. Section 406.61, Florida Statutes, is amended to
398 read:
399 406.61 Selling, buying, or conveying human remains bodies
400 outside state prohibited; exceptions;, penalty.—
401 (1)(a) The anatomical board may transport human remains
402 outside the state for educational or scientific purposes. Any
403 person who sells or buys any body or parts of bodies as
404 described in this chapter or any person except a recognized
405 Florida medical or dental school who transmits or conveys or
406 causes to be transmitted or conveyed such body or parts of
407 bodies to any place outside this state commits a misdemeanor of
408 the first degree, punishable as provided in ss. 775.082 and
409 775.083. However, This chapter does not prohibit the transport
410 of anatomical board from transporting human remains, any part of
411 such remains specimens outside the state for educational or
412 scientific purposes or prohibit the transport of bodies, parts
413 of bodies, or tissue specimens in furtherance of lawful
414 examination, investigation, or autopsy conducted pursuant to s.
415 406.11.
416 (b) A Any person, institution, or organization that conveys
417 human remains bodies or any part thereof parts of bodies into or
418 outside out of the state for medical or dental education or
419 research purposes must shall notify the anatomical board of such
420 intent and receive approval from the board.
421 (c) Notwithstanding paragraph (b), a nontransplant
422 anatomical donation organization accredited by the American
423 Association of Tissue Banks may convey human remains or any part
424 thereof into or outside the state for medical or dental
425 education or research purposes without notifying or receiving
426 approval from the anatomical board. Effective October 1, 2014, a
427 nontransplant anatomical donation organization must be
428 accredited by the American Association of Tissue Banks.
429 (d) A person who sells or buys human remains or any part
430 thereof, or a person who transmits or conveys or causes to be
431 transmitted or conveyed such remains or part thereof to any
432 place outside this state, in violation of this section commits a
433 misdemeanor of the first degree, punishable as provided in s.
434 775.082 or s. 775.083. This paragraph does not apply to a
435 recognized Florida medical or dental school.
436 (2)(a) Human remains received in this state by the
437 anatomical board or a nontransplant anatomical donation
438 organization must be accompanied by the original burial-transit
439 permit issued pursuant to s. 382.007. The remains may not be
440 dissected, segmented, or disarticulated until the district
441 medical examiner of the county in which the death occurred or
442 the remains were found grants approval pursuant to s. 406.11.
443 (b) A nontransplant anatomical donation organization must
444 obtain specific written consent for the dissection,
445 segmentation, or disarticulation of any part of the remains from
446 a person who is authorized under s. 765.512 to give such
447 consent. Such consent must expressly state that the remains may
448 undergo long-term preservation or extensive preparation,
449 including, but not limited to, removal of the head, arms, legs,
450 hands, feet, spine, organs, tissues, or fluids.
451 (3) A person, institution, or organization may not offer in
452 exchange for human remains any monetary inducement or other
453 valuable consideration, including goods or services, to a donor,
454 a legally authorized person, the donor’s estate, or any other
455 third party. As used in this subsection, the term “valuable
456 consideration” does not include, and this subsection does not
457 prohibit, payment or reimbursement of the reasonable costs
458 associated with the removal, storage, and transportation of
459 human remains, including payment or reimbursement of a funeral
460 establishment or removal service licensed under chapter 497 or
461 the reasonable costs after use, including payment or
462 reimbursement for the disposition of human remains pursuant to
463 s. 406.60.
464 (4)(2) An Any entity accredited by the American Association
465 of Museums may convey plastinated human remains bodies or any
466 part thereof within, parts of bodies into, or outside out of the
467 state for exhibition and public educational purposes without the
468 consent of the anatomical board if the accredited entity:
469 (a) Notifies the anatomical board of the conveyance and the
470 duration and location of the exhibition at least 30 days before
471 the intended conveyance.
472 (b) Submits to the anatomical board a description of the
473 remains bodies or any part thereof parts of bodies and the name
474 and address of the company providing the remains bodies or any
475 part thereof parts of bodies.
476 (c) Submits to the anatomical board documentation that the
477 remains or each part thereof body was donated by the decedent or
478 his or her next of kin for purposes of plastination and public
479 exhibition, or, in lieu of such documentation, an affidavit
480 stating that the remains or each part thereof body was donated
481 directly by the decedent or his or her next of kin for such
482 purposes to the company providing the remains body and that such
483 company has a donation form on file for the remains body.
484 (3) Notwithstanding paragraph (2)(c) and in lieu of the
485 documentation or affidavit required under paragraph (2)(c), for
486 a plastinated body that, before July 1, 2009, was exhibited in
487 this state by any entity accredited by the American Association
488 of Museums, such an accredited entity may submit an affidavit to
489 the board stating that the body was legally acquired and that
490 the company providing the body has acquisition documentation on
491 file for the body. This subsection expires January 1, 2012.
492 Section 17. Subsection (32) of section 497.005, Florida
493 Statutes, is amended to read:
494 497.005 Definitions.—As used in this chapter, the term:
495 (32) “Final disposition” means the final disposal of a dead
496 human body by earth interment, aboveground interment, cremation,
497 burial at sea, anatomical donation, or delivery to a medical
498 institution for lawful dissection if the medical institution or
499 entity receiving the anatomical donation assumes responsibility
500 for disposition after use pursuant to s. 406.60 disposal. The
501 term “Final disposition” does not include the disposal or
502 distribution of cremated remains and residue of cremated
503 remains.
504 Section 18. Section 497.382, Florida Statutes, is amended
505 to read:
506 497.382 Reports of cases embalmed and bodies handled.—
507 (1) Each funeral establishment, direct disposal
508 establishment, cinerator facility, and centralized embalming
509 facility shall record monthly report on a form prescribed and
510 furnished by the licensing authority the name of the deceased
511 and such other information as may be required by rule with
512 respect to each dead human body embalmed or otherwise handled by
513 the establishment or facility. Such forms shall be signed
514 monthly by the embalmer who performs the embalming, if the body
515 is embalmed, and the funeral director in charge of the
516 establishment or facility or by the direct disposer who disposes
517 of the body and shall be maintained at the business premises of
518 the establishment or facility for inspection by division staff.
519 The licensing authority shall prescribe by rule the procedures
520 for preparing and retaining in submitting such forms
521 documentation. Reports required by this subsection shall be
522 filed by the 20th day of each month for final dispositions
523 handled the preceding month.
524 (2) Funeral directors performing disinterments shall record
525 monthly on the form specified in subsection (1) and pursuant to
526 report, using a form and procedures prescribed specified by
527 rule, the name of the deceased and such other information as may
528 be required by rule with respect to each dead human body
529 disinterred.
530 Section 19. Subsection (2) of section 497.607, Florida
531 Statutes, is amended to read:
532 497.607 Cremation; procedure required.—
533 (2)(a) With respect to any person who intends to provide
534 for the cremation of the deceased, if, after a period of 120
535 days from the time of cremation the cremated remains have not
536 been claimed, the funeral or direct disposal establishment may
537 dispose of the cremated remains. Such disposal shall include
538 scattering them at sea or placing them in a licensed cemetery
539 scattering garden or pond or in a church columbarium or
540 otherwise disposing of the remains as provided by rule.
541 (b) A reasonable effort shall be made before such disposal
542 to determine whether the cremated remains are those of a veteran
543 of the United States Armed Forces, United States Reserve Forces,
544 or National Guard eligible for burial in a national cemetery or
545 a spouse or dependent child of a veteran eligible for burial in
546 a national cemetery.
547 (c) If the unclaimed cremated remains are those of an
548 eligible veteran or the spouse or dependent child of an eligible
549 veteran, the funeral or direct disposal establishment shall
550 arrange for the interment of the cremated remains in a national
551 cemetery. A funeral or direct disposal establishment may use the
552 assistance of a veterans’ service organization for this purpose.
553 A funeral or direct disposal establishment or veterans’ service
554 organization acting in good faith is not liable for any damages
555 resulting from the release of required information to determine
556 eligibility for interment.
557 (d) This subsection does not require a funeral or direct
558 disposal establishment to:
559 1. Determine whether the cremated remains are those of a
560 veteran if the funeral or direct disposal establishment is
561 informed by a legally authorized person that the decedent was
562 not a veteran.
563 2. Relinquish possession of the cremated remains to a
564 veterans’ service organization if the funeral or direct disposal
565 establishment is informed by a legally authorized person that
566 the decedent did not desire any funeral, ceremony, or interment
567 related services recognizing the decedent’s service as a
568 veteran.
569 (e) For purposes of this subsection, the term:
570 1. “Reasonable effort” includes contacting the National
571 Cemetery Scheduling Office, the county veterans service office,
572 the regional office of the United States Department of Veterans
573 Affairs, or a veterans’ service organization.
574 2. “Veterans’ service organization” means an association,
575 corporation, or other entity that qualifies under s. 501(c)(3)
576 or s. 501(c)(19) of the Internal Revenue Code as a tax-exempt
577 organization, that is organized for the benefit of veterans’
578 burial and interment, and that is recognized by the Memorial
579 Affairs Division of the United States Department of Veterans
580 Affairs. The term includes a member or employee of an eligible
581 nonprofit veterans’ corporation, association, or entity that
582 specifically assists in facilitating the identification,
583 recovery, and interment of the unclaimed cremated remains of
584 veterans.
585 Section 20. Subsection (1) of section 765.513, Florida
586 Statutes, is amended to read:
587 765.513 Donees; purposes for which anatomical gifts may be
588 made.—
589 (1) The following persons or entities may become donees of
590 anatomical gifts of bodies or parts of them for the purposes
591 stated:
592 (a) Any procurement organization or accredited medical or
593 dental school, college, or university for education, research,
594 therapy, or transplantation.
595 (b) Any individual specified by name for therapy or
596 transplantation needed by him or her.
597 (c) The anatomical board or a nontransplant anatomical
598 donation organization, as defined in s. 406.49, for donation of
599 the whole body for medical or dental education or research.
600 Section 21. Section 406.54, Florida Statutes, is repealed.
601 Section 22. This act shall take effect July 1, 2013.
602
603 ================= T I T L E A M E N D M E N T ================
604 And the title is amended as follows:
605 Delete everything before the enacting clause
606 and insert:
607 A bill to be entitled
608 An act relating to disposition of human remains;
609 amending s. 382.002, F.S.; revising definitions for
610 purposes of the Florida Vital Statistics Act; amending
611 s. 382.006, F.S.; authorizing the Department of Health
612 to issue burial-transit permits; amending s. 382.008,
613 F.S.; revising procedures for the registration of
614 certificates of death or fetal death and the medical
615 certification of causes of death; providing a
616 definition; amending s. 382.011, F.S.; extending the
617 time by which certain deaths must be referred to the
618 medical examiner for investigation; creating s.
619 406.49, F.S.; providing definitions; amending s.
620 406.50, F.S.; revising procedures for the reporting
621 and disposition of unclaimed remains; prohibiting
622 certain uses or dispositions of the remains of
623 deceased persons whose identities are not known;
624 limiting the liability of licensed funeral directors
625 who authorize the embalming of unclaimed remains under
626 certain circumstances; amending s. 406.51, F.S.;
627 requiring that local governmental contracts for the
628 final disposition of unclaimed remains comply with
629 certain federal regulations; amending s. 406.52, F.S.;
630 revising procedures for the anatomical board’s
631 retention of human remains before their use; providing
632 for claims by, and the release of human remains to,
633 legally authorized persons after payment of certain
634 expenses; authorizing county ordinances or resolutions
635 for the final disposition of the unclaimed remains of
636 indigent persons; limiting the liability of certain
637 licensed persons for cremating or burying human
638 remains under certain circumstances; amending s.
639 406.53, F.S.; revising exceptions from requirements
640 for notice to the anatomical board of the death of
641 indigent persons; deleting a requirement that the
642 Department of Health assess fees for the burial of
643 certain bodies; amending ss. 406.55, 406.56, and
644 406.57, F.S.; conforming provisions; amending s.
645 406.58, F.S.; requiring audits of the financial
646 records of the anatomical board; conforming
647 provisions; amending s. 406.59, F.S.; conforming
648 provisions; amending s. 406.60, F.S.; authorizing
649 certain facilities to dispose of human remains by
650 cremation; amending s. 406.61, F.S.; revising
651 provisions prohibiting the selling or buying of human
652 remains or the transmitting or conveying of such
653 remains outside the state; providing penalties;
654 excepting accredited nontransplant anatomical donation
655 organizations from requirements for the notification
656 of and approval from the anatomical board for the
657 conveyance of human remains for specified purposes;
658 requiring that nontransplant anatomical donation
659 organizations be accredited by a certain date;
660 requiring that human remains received by the
661 anatomical board be accompanied by a burial-transit
662 permit; requiring approval by the medical examiner and
663 consent of certain persons before the dissection,
664 segmentation, or disarticulation of such remains;
665 prohibiting the offer of any monetary inducement or
666 other valuable consideration in exchange for human
667 remains; providing a definition; deleting an expired
668 provision; conforming provisions; amending s. 497.005,
669 F.S.; revising a definition for purposes of the
670 Florida Funeral, Cemetery, and Consumer Services Act;
671 amending s. 497.382, F.S.; revising certain reporting
672 requirements for funeral establishments, direct
673 disposal establishments, cinerator facilities, and
674 centralized embalming facilities; amending s. 497.607,
675 F.S.; providing requirements for the disposal of
676 unclaimed cremated remains by funeral or direct
677 disposal establishments; limiting the liability of
678 funeral or direct disposal establishments and
679 veterans’ service organizations related to the release
680 of information required to determine the eligibility
681 for interment in a national cemetery of the unclaimed
682 cremated remains of a veteran; providing definitions;
683 amending s. 765.513, F.S.; revising the list of donees
684 who may accept anatomical gifts and the purposes for
685 which such a gift may be used; repealing s. 406.54,
686 F.S., relating to claims of bodies after delivery to
687 the anatomical board; providing an effective date.