Florida Senate - 2013                                     SB 370
       
       
       
       By Senator Sachs
       
       
       
       
       34-00650-13                                            2013370__
    1                        A bill to be entitled                      
    2         An act relating to disposition of human remains;
    3         amending s. 382.002, F.S.; revising definitions for
    4         purposes of the Florida Vital Statistics Act; amending
    5         s. 382.006, F.S.; authorizing the Department of Health
    6         to issue burial-transit permits; amending s. 382.008,
    7         F.S.; revising procedures for the registration of
    8         certificates of death or fetal death and the medical
    9         certification of causes of death; providing a
   10         definition; amending s. 382.011, F.S.; extending the
   11         time by which certain deaths must be referred to the
   12         medical examiner for investigation; creating s.
   13         406.49, F.S.; providing definitions; amending s.
   14         406.50, F.S.; revising procedures for the reporting
   15         and disposition of unclaimed remains; prohibiting
   16         certain uses or dispositions of the remains of
   17         deceased persons whose identities are not known;
   18         limiting the liability of licensed funeral directors
   19         who authorize the embalming of unclaimed remains under
   20         certain circumstances; amending s. 406.51, F.S.;
   21         requiring that local governmental contracts for the
   22         final disposition of unclaimed remains comply with
   23         certain federal regulations; amending s. 406.52, F.S.;
   24         revising procedures for the anatomical board’s
   25         retention of human remains before their use; providing
   26         for claims by, and the release of human remains to,
   27         legally authorized persons after payment of certain
   28         expenses; authorizing county ordinances or resolutions
   29         for the final disposition of the unclaimed remains of
   30         indigent persons; limiting the liability of certain
   31         licensed persons for cremating or burying human
   32         remains under certain circumstances; amending s.
   33         406.53, F.S.; revising exceptions from requirements
   34         for notice to the anatomical board of the death of
   35         indigent persons; deleting a requirement that the
   36         Department of Health assess fees for the burial of
   37         certain bodies; amending ss. 406.55, 406.56, and
   38         406.57, F.S.; conforming provisions; amending s.
   39         406.58, F.S.; requiring audits of the financial
   40         records of the anatomical board; conforming
   41         provisions; amending s. 406.59, F.S.; conforming
   42         provisions; amending s. 406.60, F.S.; authorizing
   43         certain facilities to dispose of human remains by
   44         cremation; amending s. 406.61, F.S.; revising
   45         provisions prohibiting the selling or buying of human
   46         remains or the transmitting or conveying of such
   47         remains outside the state; providing penalties;
   48         excepting accredited nontransplant anatomical donation
   49         organizations from requirements for the notification
   50         of and approval from the anatomical board for the
   51         conveyance of human remains for specified purposes;
   52         requiring that nontransplant anatomical donation
   53         organizations be accredited by a certain date;
   54         requiring that human remains received by the
   55         anatomical board be accompanied by a burial-transit
   56         permit; requiring approval by the medical examiner and
   57         consent of certain persons before the dissection,
   58         segmentation, or disarticulation of such remains;
   59         prohibiting the offer of any monetary inducement or
   60         other valuable consideration in exchange for human
   61         remains; providing a definition; deleting an expired
   62         provision; conforming provisions; amending s. 497.005,
   63         F.S.; revising a definition for purposes of the
   64         Florida Funeral, Cemetery, and Consumer Services Act;
   65         amending s. 497.382, F.S.; revising certain reporting
   66         requirements for funeral establishments, direct
   67         disposal establishments, cinerator facilities, and
   68         centralized embalming facilities; amending s. 497.607,
   69         F.S.; providing requirements for the disposal of
   70         unclaimed cremated remains by funeral or direct
   71         disposal establishments; limiting the liability of
   72         funeral or direct disposal establishments and
   73         veterans’ service organizations related to the release
   74         of information required to determine the eligibility
   75         for interment in a national cemetery of the unclaimed
   76         cremated remains of a veteran; providing definitions;
   77         amending s. 765.513, F.S.; revising the list of donees
   78         who may accept anatomical gifts and the purposes for
   79         which such a gift may be used; repealing s. 406.54,
   80         F.S., relating to claims of bodies after delivery to
   81         the anatomical board; providing an effective date.
   82  
   83  Be It Enacted by the Legislature of the State of Florida:
   84  
   85         Section 1. Subsections (8) and (9) of section 382.002,
   86  Florida Statutes, are amended to read:
   87         382.002 Definitions.—As used in this chapter, the term:
   88         (8) “Final disposition” means the burial, interment,
   89  cremation, removal from the state, anatomical donation, or other
   90  authorized disposition of a dead body or a fetus as described in
   91  subsection (7). In the case of cremation, dispersion of ashes or
   92  cremation residue is considered to occur after final
   93  disposition; the cremation itself is considered final
   94  disposition. In the case of anatomical donation of a dead body,
   95  the donation itself is considered final disposition.
   96         (9) “Funeral director” means a licensed funeral director or
   97  direct disposer licensed pursuant to chapter 497 or other person
   98  who first assumes custody of or effects the final disposition of
   99  a dead body or a fetus as described in subsection (7).
  100         Section 2. Subsection (2) of section 382.006, Florida
  101  Statutes, is amended to read:
  102         382.006 Burial-transit permit.—
  103         (2) A burial-transit permit shall be issued by the
  104  department or the local registrar or subregistrar of the
  105  registration district in which the death occurred or the body
  106  was found. A burial-transit permit may shall not be issued:
  107         (a) Until a complete and satisfactory certificate of death
  108  or fetal death is has been filed in accordance with the
  109  requirements of this chapter and adopted rules, unless the
  110  funeral director provides adequate assurance that a complete and
  111  satisfactory certificate will be so registered.
  112         (b) Except under conditions prescribed by the department,
  113  if the death occurred from some disease that which is deemed
  114  held by the department to be infectious, contagious, or
  115  communicable and dangerous to the public health.
  116         Section 3. Paragraph (a) of subsection (2) and subsections
  117  (3), (4), and (5) of section 382.008, Florida Statutes, are
  118  amended to read:
  119         382.008 Death and fetal death registration.—
  120         (2)(a) The funeral director who first assumes custody of a
  121  dead body or fetus shall file the certificate of death or fetal
  122  death. In the absence of the funeral director, the physician or
  123  other person in attendance at or after the death or the district
  124  medical examiner of the county in which the death occurred or
  125  the body was found shall file the certificate of death or fetal
  126  death. The person who files the certificate shall obtain
  127  personal data from the next of kin or the best qualified person
  128  or source available. The medical certification of cause of death
  129  shall be furnished to the funeral director, either in person or
  130  via certified mail or electronic transfer, by the physician or
  131  medical examiner responsible for furnishing such information.
  132  For fetal deaths, the physician, midwife, or hospital
  133  administrator shall provide any medical or health information to
  134  the funeral director within 72 hours after expulsion or
  135  extraction.
  136         (3) Within 72 hours after receipt of a death or fetal death
  137  certificate from the funeral director, the medical certification
  138  of cause of death shall be completed and made available to the
  139  funeral director by the decedent’s primary or attending
  140  physician in charge of the decedent’s care for the illness or
  141  condition which resulted in death, the physician in attendance
  142  at the time of death or fetal death or immediately before or
  143  after such death or fetal death, or, if s. 382.011 applies, the
  144  district medical examiner of the county in which the death
  145  occurred or the body was found if the provisions of s. 382.011
  146  apply. The primary or attending physician or medical examiner
  147  shall certify over his or her signature the cause of death to
  148  the best of his or her knowledge and belief. As used in this
  149  section, the term “primary or attending physician” means a
  150  physician who treated the decedent through examination, medical
  151  advice, or medication during the 12 months preceding the date of
  152  death.
  153         (a) The local registrar may grant the funeral director an
  154  extension of time upon a good and sufficient showing of any of
  155  the following conditions:
  156         1. An autopsy is pending.
  157         2. Toxicology, laboratory, or other diagnostic reports have
  158  not been completed.
  159         3. The identity of the decedent is unknown and further
  160  investigation or identification is required.
  161         (b) If the decedent’s primary or attending physician or
  162  district medical examiner of the county in which the death
  163  occurred or the body was found indicates has indicated that he
  164  or she will sign and complete the medical certification of cause
  165  of death, but will not be available until after the 5-day
  166  registration deadline, the local registrar may grant an
  167  extension of 5 days. If a further extension is required, the
  168  funeral director must provide written justification to the
  169  registrar.
  170         (4) If the local registrar grants has granted an extension
  171  of time to provide the medical certification of cause of death,
  172  the funeral director shall file a temporary certificate of death
  173  or fetal death which shall contain all available information,
  174  including the fact that the cause of death is pending. The
  175  decedent’s primary or attending physician or the district
  176  medical examiner of the county in which the death occurred or
  177  the body was found shall provide an estimated date for
  178  completion of the permanent certificate.
  179         (5) A permanent certificate of death or fetal death,
  180  containing the cause of death and any other information that
  181  which was previously unavailable, shall be registered as a
  182  replacement for the temporary certificate. The permanent
  183  certificate may also include corrected information if the items
  184  being corrected are noted on the back of the certificate and
  185  dated and signed by the funeral director, physician, or district
  186  medical examiner of the county in which the death occurred or
  187  the body was found, as appropriate.
  188         Section 4. Subsection (1) of section 382.011, Florida
  189  Statutes, is amended to read:
  190         382.011 Medical examiner determination of cause of death.—
  191         (1) In the case of any death or fetal death due to causes
  192  or conditions listed in s. 406.11, any or where the death that
  193  occurred more than 12 months 30 days after the decedent was last
  194  treated by a primary or attending physician as defined in s.
  195  382.008(3) unless the death was medically expected as certified
  196  by an attending physician, or any death for which where there is
  197  reason to believe that the death may have been due to an
  198  unlawful act or neglect, the funeral director or other person to
  199  whose attention the death may come shall refer the case to the
  200  district medical examiner of the county district in which the
  201  death occurred or the body was found for investigation and
  202  determination of the cause of death.
  203         Section 5. Section 406.49, Florida Statutes, is created to
  204  read:
  205         406.49 Definitions.—As used in this part, the term:
  206         (1) “Anatomical board” means the anatomical board of the
  207  state headquartered at the University of Florida Health Science
  208  Center.
  209         (2) “Cremated remains” has the same meaning as provided in
  210  s. 497.005.
  211         (3) “Final disposition” has the same meaning as provided in
  212  s. 497.005.
  213         (4) “Human remains” or “remains” has the same meaning as
  214  provided in s. 497.005.
  215         (5) “Indigent person” means a person whose family income
  216  does not exceed 100 percent of the current federal poverty
  217  guidelines prescribed for the family’s household size by the
  218  United States Department of Health and Human Services.
  219         (6) “Legally authorized person” has the same meaning as
  220  provided in s. 497.005.
  221         (7) “Unclaimed remains” means human remains that are not
  222  claimed by a legally authorized person, other than a medical
  223  examiner or the board of county commissioners, for final
  224  disposition at the person’s expense.
  225         Section 6. Section 406.50, Florida Statutes, is amended to
  226  read:
  227         406.50 Unclaimed dead bodies or human remains; disposition,
  228  procedure.—
  229         (1) A person or entity that comes All public officers,
  230  agents, or employees of every county, city, village, town, or
  231  municipality and every person in charge of any prison, morgue,
  232  hospital, funeral parlor, or mortuary and all other persons
  233  coming into possession, charge, or control of unclaimed any dead
  234  human body or remains that which are unclaimed or which are
  235  required to be buried or cremated at public expense shall are
  236  hereby required to notify, immediately notify, the anatomical
  237  board, unless:
  238         (a) The unclaimed remains are decomposed or mutilated by
  239  wounds;
  240         (b) An autopsy is performed on the remains;
  241         (c) The remains contain whenever any such body, bodies, or
  242  remains come into its possession, charge, or control.
  243  Notification of the anatomical board is not required if the
  244  death was caused by crushing injury, the deceased had a
  245  contagious disease;
  246         (d) A legally authorized person, an autopsy was required to
  247  determine cause of death, the body was in a state of severe
  248  decomposition, or a family member objects to use of the remains
  249  body for medical education or and research; or
  250         (e) The deceased person was a veteran of the United States
  251  Armed Forces, United States Reserve Forces, or National Guard
  252  and is eligible for burial in a national cemetery or was the
  253  spouse or dependent child of a veteran eligible for burial in a
  254  national cemetery.
  255         (2)(1)Before the final disposition of unclaimed remains,
  256  the person or entity in charge or control of the dead body or
  257  human remains shall make a reasonable effort to determine:
  258         (a) Determine the identity of the deceased person and shall
  259  further make a reasonable effort to contact any relatives of the
  260  such deceased person.
  261         (b) Determine whether or not the deceased person is
  262  eligible under 38 C.F.R. s. 38.620 for entitled to burial in a
  263  national cemetery as a veteran of the armed forces and, if
  264  eligible so, to cause the deceased person’s remains or cremated
  265  remains to be delivered to a national cemetery shall make
  266  arrangements for such burial services in accordance with the
  267  provisions of 38 C.F.R.
  268  
  269  For purposes of this subsection, “a reasonable effort” includes
  270  contacting the National Cemetery Scheduling Office, the county
  271  veterans service office, or the regional office of the United
  272  States Department of Veterans Affairs.
  273         (3)(2)Unclaimed remains Such dead human bodies as
  274  described in this chapter shall be delivered to the anatomical
  275  board as soon as possible after death. When no family exists or
  276  is available, a funeral director licensed under chapter 497 may
  277  assume the responsibility of a legally authorized person and
  278  may, after 24 hours have elapsed since the time of death,
  279  authorize arterial embalming for the purposes of storage and
  280  delivery of unclaimed remains to the anatomical board. A funeral
  281  director licensed under chapter 497 is not liable for damages
  282  under this subsection.
  283         (4) The remains of a deceased person whose identity is not
  284  known may not be cremated, donated as an anatomical gift, buried
  285  at sea, or removed from the state.
  286         (5) If the anatomical board does not accept the unclaimed
  287  remains, the board of county commissioners or its designated
  288  county department of the county in which the death occurred or
  289  the remains were found may authorize and arrange for the burial
  290  or cremation of the entire remains. A board of county
  291  commissioners may by resolution or ordinance, in accordance with
  292  applicable laws and rules, prescribe policies and procedures for
  293  final disposition of unclaimed remains.
  294         (6)(3)This part does not Nothing herein shall affect the
  295  right of a medical examiner to hold human such dead body or
  296  remains for the purpose of investigating the cause of death or,
  297  nor shall this chapter affect the right of any court of
  298  competent jurisdiction to enter an order affecting the
  299  disposition of such body or remains.
  300         (4) In the event more than one legally authorized person
  301  claims a body for interment, the requests shall be prioritized
  302  in accordance with s. 732.103.
  303  
  304  For purposes of this chapter, the term “anatomical board” means
  305  the anatomical board of this state located at the University of
  306  Florida Health Science Center, and the term “unclaimed” means a
  307  dead body or human remains that is not claimed by a legally
  308  authorized person, as defined in s. 497.005, for interment at
  309  that person’s expense.
  310         Section 7. Section 406.51, Florida Statutes, is amended to
  311  read:
  312         406.51 Final disposition of unclaimed deceased veterans;
  313  contract requirements.—Any contract by a local governmental
  314  entity for the final disposition disposal of unclaimed human
  315  remains must provide for compliance with s. 406.50(2) 406.50(1)
  316  and require that the procedures in 38 C.F.R. s. 38.620, relating
  317  to disposition of unclaimed deceased veterans, are be followed.
  318         Section 8. Section 406.52, Florida Statutes, is amended to
  319  read:
  320         (Substantial rewording of section. See
  321         s. 406.52, F.S., for present text.)
  322         406.52 Retention of human remains before use; claim after
  323  delivery to anatomical board; procedures for unclaimed remains
  324  of indigent persons.—
  325         (1) The anatomical board shall keep in storage all human
  326  remains that it receives for at least 48 hours before allowing
  327  their use for medical education or research. Human remains may
  328  be embalmed when received. The anatomical board may, for any
  329  reason, refuse to accept unclaimed remains or the remains of an
  330  indigent person.
  331         (2) At any time before their use for medical education or
  332  research, human remains delivered to the anatomical board may be
  333  claimed by a legally authorized person. The anatomical board
  334  shall release the remains to the legally authorized person after
  335  payment of the anatomical board’s expenses incurred for
  336  transporting, embalming, and storing the remains.
  337         (3)(a) A board of county commissioners may by resolution or
  338  ordinance, in accordance with applicable laws and rules,
  339  prescribe policies and procedures for the burial or cremation of
  340  the entire unclaimed remains of an indigent person whose death
  341  occurred, or whose remains were found, in the county.
  342         (b) A person licensed under chapter 497 is not liable for
  343  any damages resulting from cremating or burying such human
  344  remains at the written direction of the board of county
  345  commissioners or its designee.
  346         Section 9. Section 406.53, Florida Statutes, is amended to
  347  read:
  348         (Substantial rewording of section. See
  349         s. 406.53, F.S., for present text.)
  350         406.53 Unclaimed remains of indigent person; exemption from
  351  notice to the anatomical board.—A board of county commissioners
  352  or its designated county department that receives a report of
  353  the unclaimed remains of an indigent person, notwithstanding s.
  354  406.50(1), is not required to notify the anatomical board of the
  355  remains if:
  356         (1) The indigent person’s remains are decomposed or
  357  mutilated by wounds or if an autopsy is performed on the
  358  remains;
  359         (2) A legally authorized person or a relative by blood or
  360  marriage claims the remains for final disposition at his or her
  361  expense or, if such relative or legally authorized person is
  362  also an indigent person, in a manner consistent with the
  363  policies and procedures of the board of county commissioners of
  364  the county in which the death occurred or the remains were
  365  found;
  366         (3) The deceased person was a veteran of the United States
  367  Armed Forces, United States Reserve Forces, or National Guard
  368  and is eligible for burial in a national cemetery or was the
  369  spouse or dependent child of a veteran eligible for burial in a
  370  national cemetery; or
  371         (4) A funeral director licensed under chapter 497 certifies
  372  that the anatomical board has been notified and either accepted
  373  or declined the remains.
  374         Section 10. Section 406.55, Florida Statutes, is amended to
  375  read:
  376         406.55 Contracts for delivery of human remains body after
  377  death prohibited.—The anatomical board may not enter is
  378  specifically prohibited from entering into any contract, oral or
  379  written, that provides for whereby any sum of money to shall be
  380  paid to any living person in exchange for which the delivery of
  381  that person’s remains body of said person shall be delivered to
  382  the anatomical board when the such living person dies.
  383         Section 11. Section 406.56, Florida Statutes, is amended to
  384  read:
  385         406.56 Acceptance of human remains bodies under will.—If
  386  any person being of sound mind executes shall execute a will
  387  leaving his or her remains body to the anatomical board for the
  388  advancement of medical education or research science and the
  389  such person dies within the geographical limits of the state,
  390  the anatomical board may is hereby empowered to accept and
  391  receive the person’s remains such body.
  392         Section 12. Section 406.57, Florida Statutes, is amended to
  393  read:
  394         406.57 Distribution of human remains dead bodies.—The
  395  anatomical board or its duly authorized agent shall take and
  396  receive human remains the bodies delivered to it as provided in
  397  under the provisions of this chapter and shall:
  398         (1) Distribute the remains them equitably to and among the
  399  medical and dental schools, teaching hospitals, medical
  400  institutions, and health-related teaching programs that require
  401  cadaveric material for study; or
  402         (2) Loan the remains same may be loaned for examination or
  403  study purposes to accredited colleges of mortuary science
  404  recognized associations of licensed embalmers or funeral
  405  directors, or medical or dental examining boards for educational
  406  or research purposes at the discretion of the anatomical board.
  407         Section 13. Section 406.58, Florida Statutes, is amended to
  408  read:
  409         406.58 Fees; authority to accept additional funds; annual
  410  audit.—
  411         (1) The anatomical board may:
  412         (a) Adopt is empowered to prescribe a schedule of fees to
  413  be collected from the institutions institution or association to
  414  which the human remains bodies, as described in this chapter,
  415  are distributed or loaned to defray the costs of obtaining and
  416  preparing the remains such bodies.
  417         (b)(2) The anatomical board is hereby empowered to Receive
  418  money from public or private sources, in addition to the fees
  419  collected from the institutions institution or association to
  420  which human remains the bodies are distributed, to be used to
  421  defray the costs of embalming, handling, shipping, storing,
  422  cremating, and otherwise storage, cremation, and other costs
  423  relating to the obtaining and using the remains. use of such
  424  bodies as described in this chapter; the anatomical board is
  425  empowered to
  426         (c) Pay or reimburse the reasonable expenses, as determined
  427  by the anatomical board, incurred by a funeral establishment or
  428  removal service licensed under chapter 497 for the removal,
  429  storage, and transportation any person delivering the bodies as
  430  described in this chapter to the anatomical board of unclaimed
  431  human remains. and is further empowered to
  432         (d) Enter into contracts and perform such other acts as are
  433  necessary for to the proper performance of its duties.;
  434         (2) The anatomical board shall keep a complete record of
  435  all fees and other financial transactions. The University of
  436  Florida shall conduct an audit of the financial records of the
  437  anatomical board at least once every 3 years or more frequently
  438  as the university deems necessary. Within 90 days after
  439  completing an audit, the university shall provide a copy of the
  440  audit to the Department of Financial Services. The university
  441  may contract with a licensed public accounting firm to provide
  442  for the audit, which firm may be paid from the fees collected by
  443  the of said anatomical board shall be kept and audited annually
  444  by the Department of Financial Services, and a report of such
  445  audit shall be made annually to the University of Florida.
  446         Section 14. Section 406.59, Florida Statutes, is amended to
  447  read:
  448         406.59 Institutions receiving human remains bodies.—A No
  449  university, school, college, teaching hospital, or institution
  450  may not, or association shall be allowed or permitted to receive
  451  any human remains from the anatomical board such body or bodies
  452  as described in this chapter until its facilities are have been
  453  inspected and approved by the anatomical board. Human remains
  454  All such bodies received by such university, school, college,
  455  teaching hospital, or institution may not, or association shall
  456  be used for any no other purpose other than the promotion of
  457  medical education or research science.
  458         Section 15. Section 406.60, Florida Statutes, is amended to
  459  read:
  460         406.60 Disposition of human remains bodies after use.—At
  461  any time When human remains any body or bodies or part or parts
  462  of any body or bodies, as described in this chapter, shall have
  463  been used for, and are not deemed of any no further value to,
  464  medical or dental education or research science, then the
  465  anatomical board or a cinerator facility licensed under chapter
  466  497 person or persons having charge of said body or parts of
  467  said body may dispose of the remains or any part thereof by
  468  cremation.
  469         Section 16. Section 406.61, Florida Statutes, is amended to
  470  read:
  471         406.61 Selling, buying, or conveying human remains bodies
  472  outside state prohibited; exceptions;, penalty.—
  473         (1)(a) The anatomical board may transport human remains
  474  outside the state for educational or scientific purposes. Any
  475  person who sells or buys any body or parts of bodies as
  476  described in this chapter or any person except a recognized
  477  Florida medical or dental school who transmits or conveys or
  478  causes to be transmitted or conveyed such body or parts of
  479  bodies to any place outside this state commits a misdemeanor of
  480  the first degree, punishable as provided in ss. 775.082 and
  481  775.083. However, This chapter does not prohibit the transport
  482  of anatomical board from transporting human remains, any part of
  483  such remains specimens outside the state for educational or
  484  scientific purposes or prohibit the transport of bodies, parts
  485  of bodies, or tissue specimens in furtherance of lawful
  486  examination, investigation, or autopsy conducted pursuant to s.
  487  406.11.
  488         (b) A Any person, institution, or organization that conveys
  489  human remains bodies or any part thereof parts of bodies into or
  490  outside out of the state for medical or dental education or
  491  research purposes must shall notify the anatomical board of such
  492  intent and receive approval from the board.
  493         (c) Notwithstanding paragraph (b), a nontransplant
  494  anatomical donation organization accredited by the American
  495  Association of Tissue Banks may convey human remains or any part
  496  thereof into or outside the state for medical or dental
  497  education or research purposes without notifying or receiving
  498  approval from the anatomical board. Effective October 1, 2014, a
  499  nontransplant anatomical donation organization must be
  500  accredited by the American Association of Tissue Banks.
  501         (d) A person who sells or buys human remains or any part
  502  thereof, or a person who transmits or conveys or causes to be
  503  transmitted or conveyed such remains or part thereof to any
  504  place outside this state, in violation of this section commits a
  505  misdemeanor of the first degree, punishable as provided in s.
  506  775.082 or s. 775.083. This paragraph does not apply to a
  507  recognized Florida medical or dental school.
  508         (2)(a) Human remains received in this state by the
  509  anatomical board or a nontransplant anatomical donation
  510  organization must be accompanied by the original burial-transit
  511  permit issued pursuant to s. 382.007. The remains may not be
  512  dissected, segmented, or disarticulated until the district
  513  medical examiner of the county in which the death occurred or
  514  the remains were found grants approval pursuant to s. 406.11.
  515         (b)  A nontransplant anatomical donation organization must
  516  obtain specific written consent for the dissection,
  517  segmentation, or disarticulation of any part of the remains from
  518  a person who is authorized under s. 765.512 to give such
  519  consent. Such consent must conspicuously describe each part of
  520  the remains that may be dissected, segmented, or disarticulated.
  521         (3) A person may not offer in exchange for human remains
  522  any monetary inducement or other valuable consideration,
  523  including goods or services, to a donor, a legally authorized
  524  person, the donor’s estate, or any other third party. As used in
  525  this subsection, the term “valuable consideration” does not
  526  include, and this subsection does not prohibit, payment or
  527  reimbursement of the reasonable costs associated with the
  528  removal, storage, and transportation of human remains, including
  529  payment or reimbursement of a funeral establishment or removal
  530  service licensed under chapter 497 or the reasonable costs after
  531  use, including payment or reimbursement for the disposition of
  532  human remains pursuant to s. 406.60.
  533         (4)(2)An Any entity accredited by the American Association
  534  of Museums may convey plastinated human remains bodies or any
  535  part thereof within, parts of bodies into, or outside out of the
  536  state for exhibition and public educational purposes without the
  537  consent of the anatomical board if the accredited entity:
  538         (a) Notifies the anatomical board of the conveyance and the
  539  duration and location of the exhibition at least 30 days before
  540  the intended conveyance.
  541         (b) Submits to the anatomical board a description of the
  542  remains bodies or any part thereof parts of bodies and the name
  543  and address of the company providing the remains bodies or any
  544  part thereof parts of bodies.
  545         (c) Submits to the anatomical board documentation that the
  546  remains or each part thereof body was donated by the decedent or
  547  his or her next of kin for purposes of plastination and public
  548  exhibition, or, in lieu of such documentation, an affidavit
  549  stating that the remains or each part thereof body was donated
  550  directly by the decedent or his or her next of kin for such
  551  purposes to the company providing the remains body and that such
  552  company has a donation form on file for the remains body.
  553         (3) Notwithstanding paragraph (2)(c) and in lieu of the
  554  documentation or affidavit required under paragraph (2)(c), for
  555  a plastinated body that, before July 1, 2009, was exhibited in
  556  this state by any entity accredited by the American Association
  557  of Museums, such an accredited entity may submit an affidavit to
  558  the board stating that the body was legally acquired and that
  559  the company providing the body has acquisition documentation on
  560  file for the body. This subsection expires January 1, 2012.
  561         Section 17. Subsection (32) of section 497.005, Florida
  562  Statutes, is amended to read:
  563         497.005 Definitions.—As used in this chapter, the term:
  564         (32) “Final disposition” means the final disposal of a dead
  565  human body by earth interment, aboveground interment, cremation,
  566  burial at sea, anatomical donation, or delivery to a medical
  567  institution for lawful dissection if the medical institution or
  568  entity receiving the anatomical donation assumes responsibility
  569  for disposition after use pursuant to s. 406.60 disposal. The
  570  term “Final disposition” does not include the disposal or
  571  distribution of cremated remains and residue of cremated
  572  remains.
  573         Section 18. Section 497.382, Florida Statutes, is amended
  574  to read:
  575         497.382 Reports of cases embalmed and bodies handled.—
  576         (1) Each funeral establishment, direct disposal
  577  establishment, cinerator facility, and centralized embalming
  578  facility shall record monthly report on a form prescribed and
  579  furnished by the licensing authority the name of the deceased
  580  and such other information as may be required by rule with
  581  respect to each dead human body embalmed or otherwise handled by
  582  the establishment or facility. Such forms shall be signed
  583  monthly by the embalmer who performs the embalming, if the body
  584  is embalmed, and the funeral director in charge of the
  585  establishment or facility or by the direct disposer who disposes
  586  of the body and shall be maintained at the business premises of
  587  the establishment or facility for inspection by division staff.
  588  The licensing authority shall prescribe by rule the procedures
  589  for preparing and retaining in submitting such forms
  590  documentation. Reports required by this subsection shall be
  591  filed by the 20th day of each month for final dispositions
  592  handled the preceding month.
  593         (2) Funeral directors performing disinterments shall record
  594  monthly on the form specified in subsection (1) and pursuant to
  595  report, using a form and procedures prescribed specified by
  596  rule, the name of the deceased and such other information as may
  597  be required by rule with respect to each dead human body
  598  disinterred.
  599         Section 19. Subsection (2) of section 497.607, Florida
  600  Statutes, is amended to read:
  601         497.607 Cremation; procedure required.—
  602         (2)(a) With respect to any person who intends to provide
  603  for the cremation of the deceased, if, after a period of 120
  604  days from the time of cremation the cremated remains have not
  605  been claimed, the funeral or direct disposal establishment may
  606  dispose of the cremated remains. Such disposal shall include
  607  scattering them at sea or placing them in a licensed cemetery
  608  scattering garden or pond or in a church columbarium or
  609  otherwise disposing of the remains as provided by rule.
  610         (b) A reasonable effort shall be made before such disposal
  611  to determine whether the cremated remains are those of a veteran
  612  of the United States Armed Forces, United States Reserve Forces,
  613  or National Guard eligible for burial in a national cemetery or
  614  a spouse or dependent child of a veteran eligible for burial in
  615  a national cemetery.
  616         (c) If the unclaimed cremated remains are those of an
  617  eligible veteran or the spouse or dependent child of an eligible
  618  veteran, the funeral or direct disposal establishment shall
  619  arrange for the interment of the cremated remains in a national
  620  cemetery. A funeral or direct disposal establishment may use the
  621  assistance of a veterans’ service organization for this purpose.
  622  A funeral or direct disposal establishment or veterans’ service
  623  organization acting in good faith is not liable for any damages
  624  resulting from the release of required information to determine
  625  eligibility for interment.
  626         (d) This subsection does not require a funeral or direct
  627  disposal establishment to:
  628         1. Determine whether the cremated remains are those of a
  629  veteran if the funeral or direct disposal establishment is
  630  informed by a legally authorized person that the decedent was
  631  not a veteran.
  632         2. Relinquish possession of the cremated remains to a
  633  veterans’ service organization if the funeral or direct disposal
  634  establishment is informed by a legally authorized person that
  635  the decedent did not desire any funeral, ceremony, or interment
  636  related services recognizing the decedent’s service as a
  637  veteran.
  638         (e) For purposes of this subsection, the term:
  639         1. “Reasonable effort” includes contacting the National
  640  Cemetery Scheduling Office, the county veterans service office,
  641  the regional office of the United States Department of Veterans
  642  Affairs, or a veterans’ service organization.
  643         2. “Veterans’ service organization” means an association,
  644  corporation, or other entity that qualifies under s. 501(c)(3)
  645  or s. 501(c)(19) of the Internal Revenue Code as a tax-exempt
  646  organization, that is organized for the benefit of veterans’
  647  burial and interment, and that is recognized by the Memorial
  648  Affairs Division of the United States Department of Veterans
  649  Affairs. The term includes a member or employee of an eligible
  650  nonprofit veterans’ corporation, association, or entity that
  651  specifically assists in facilitating the identification,
  652  recovery, and interment of the unclaimed cremated remains of
  653  veterans.
  654         Section 20. Subsection (1) of section 765.513, Florida
  655  Statutes, is amended to read:
  656         765.513 Donees; purposes for which anatomical gifts may be
  657  made.—
  658         (1) The following persons or entities may become donees of
  659  anatomical gifts of bodies or parts of them for the purposes
  660  stated:
  661         (a) Any procurement organization or accredited medical or
  662  dental school, college, or university for education, research,
  663  therapy, or transplantation.
  664         (b) Any individual specified by name for therapy or
  665  transplantation needed by him or her.
  666         (c) The anatomical board as defined in s. 406.49 for
  667  donation of the whole body for medical or dental education or
  668  research.
  669         Section 21. Section 406.54, Florida Statutes, is repealed.
  670         Section 22. This act shall take effect July 1, 2013.