The Florida Senate

245.06  Unclaimed dead bodies; disposition, procedure.

245.07  Retention of bodies before use; unfit or excess number of bodies, disposition procedure.

245.08  Death of indigents; notice; delivery to the anatomical board when unclaimed; exceptions; assessment of fees.

245.09  Bodies may be claimed after delivery to anatomical board.

245.10  Contracts for delivery of body after death prohibited.

245.11  Acceptance of bodies under will.

245.12  Distribution of dead bodies.

245.13  Fees; authority to accept additional funds; annual audit.

245.14  Institutions receiving bodies.

245.15  Disposition of bodies after use.

245.16  Selling, buying, or conveying bodies outside state prohibited; exceptions, penalty.

245.06  Unclaimed dead bodies; disposition, procedure.--All public officers, agents or employees of every county, city, village, town or municipality and every person in charge of any prison, morgue, hospital, funeral parlor or mortuary and all other persons coming into possession, charge or control of any dead human body which is unclaimed or which is required to be buried or cremated at public expense are hereby required to notify, immediately, the anatomical board, whenever any such body or bodies come into its possession, charge or control. Notification of the anatomical board is not required if the death was caused by crushing injury, the deceased had a contagious disease, an autopsy was required to determine cause of death, the body was in a state of severe decomposition, or a family member objects to use of the body for medical education and research. The person or entity in charge or control of the dead body shall make reasonable effort to determine the identity of the body and shall further make reasonable effort to contact any relatives of such deceased person. Such dead human bodies as described in this chapter shall be delivered to the anatomical board as soon as possible after death. Nothing herein shall affect the right of a medical examiner to hold such dead body for the purpose of investigating the cause of death, nor shall this chapter affect the right of any court of competent jurisdiction to enter an order affecting the disposition of such body. For purposes of this chapter, the term "anatomical board" means the anatomical board of this state located at the University of Florida Health Science Center.

History.--s. 6, ch. 28163, 1953; ss. 15, 35, ch. 69-106; s. 22, ch. 73-334; s. 1, ch. 91-168; s. 1, ch. 96-251.

245.07  Retention of bodies before use; unfit or excess number of bodies, disposition procedure.--All bodies received by the anatomical board shall be retained in receiving vaults for a period of not less than 48 hours before allowing their use for medical science; if at any time more bodies are made available to the anatomical board than can be used for medical science under its jurisdiction, or if a body shall be deemed by the anatomical board to be unfit for anatomical purposes, the anatomical board may notify, in writing, the county commissioners or other legally authorized person, as defined in s. 470.002, in the county where such person died, to cause it to be buried or cremated in accordance with the rules, laws and practices for disposing of such unclaimed bodies. However, prior to having any body buried or cremated, the county shall make a reasonable effort to determine the identity of the body and shall further make a reasonable effort to contact any relatives of the deceased person. If a relative of the deceased person is contacted and expresses a preference for either burial or cremation, the county shall make a reasonable effort to accommodate the request of the relative. For purposes of this section, the county commissioners of the county where such person died shall be considered a legally authorized person as defined in s. 470.002. A person licensed under chapter 470 or chapter 497 shall not be liable for any damages resulting from cremating or burying such body at the direction of the county's legally authorized person.

History.--s. 8, ch. 28163, 1953; ss. 15, 35, ch. 69-106; s. 1, ch. 72-40; s. 1, ch. 77-174; s. 2, ch. 91-168; s. 2, ch. 96-251; s. 12, ch. 98-268.

245.08  Death of indigents; notice; delivery to the anatomical board when unclaimed; exceptions; assessment of fees.--

(1)  Notice of death to the anatomical board in cases of indigent persons is not required if:

(a)  Death was caused by crushing injury.

(b)  The deceased had a contagious disease.

(c)  An autopsy was required to determine cause of death.

(d)  The body was in a state of severe decomposition.

(e)  Any relative, by blood or marriage, claims the body for burial at the expense of such relative, but the body shall be surrendered to the claimant for interment.

(f)  Any friend or any representative of a fraternal society of which the deceased was a member, or a representative of any charitable or religious organization, or a governmental agency which was providing residential care to the indigent person at the time of his or her death claims the body for burial at his or her, its, or their expense.

(g)  The deceased person was an honorably discharged member of the Armed Forces of the United States or the state who served during a period of wartime service as defined in s. 1.01(14); but such body shall be buried in accordance with the provisions of the existing laws.

(2)  When the ¹Department of Health and Rehabilitative Services claims the body of a client according to this section, the department shall assess fees for burial pursuant to s. 402.33.

History.--s. 7, ch. 28163, 1953; s. 1, ch. 67-564; ss. 15, 35, ch. 69-106; s. 1, ch. 81-40; s. 10, ch. 84-114; s. 12, ch. 95-143; s. 88, ch. 95-148; s. 3, ch. 96-251.

¹Note.--The Department of Health and Rehabilitative Services was redesignated as the Department of Children and Family Services by s. 5, ch. 96-403, and the Department of Health was created by s. 8, ch. 96-403.

245.09  Bodies may be claimed after delivery to anatomical board.--Any dead human body which has been delivered to the anatomical board may be claimed by any friend or any representative of a fraternal society of which the deceased was a member, or a representative of any charitable or religious organization. Upon receipt of such claim, the body or remains shall be surrendered to the claimant by the anatomical board after the payment to the anatomical board for the expenses incurred in obtaining and handling such body or remains.

History.--s. 8, ch. 28163, 1953; ss. 15, 35, ch. 69-106; s. 2, ch. 72-40; s. 4, ch. 96-251.

245.10  Contracts for delivery of body after death prohibited.--The anatomical board is specifically prohibited from entering into any contract, oral or written, whereby any sum of money shall be paid to any living person in exchange for which the body of said person shall be delivered to the anatomical board when such living person dies.

History.--s. 9, ch. 28163, 1953; ss. 15, 35, ch. 69-106; s. 5, ch. 96-251.

245.11  Acceptance of bodies under will.--If any person being of sound mind shall execute a will leaving his or her body to the anatomical board for the advancement of medical science and such person dies within the geographical limits of the state, the anatomical board is hereby empowered to accept and receive such body.

History.--s. 10, ch. 28163, 1953; ss. 15, 35, ch. 69-106; s. 6, ch. 96-251.

245.12  Distribution of dead bodies.--The anatomical board or its duly authorized agent shall take and receive the bodies delivered to it under the provisions of this chapter and shall distribute them equitably to and among the medical and dental schools, teaching hospitals, medical institutions, and health-related teaching programs that require cadaveric material for study; or the same may be loaned for examination or study purposes to recognized associations of licensed embalmers or funeral directors, or medical or dental examining boards at the discretion of the anatomical board.

History.--s. 11, ch. 28163, 1953; ss. 15, 35, ch. 69-106; s. 7, ch. 96-251.

245.13  Fees; authority to accept additional funds; annual audit.--

(1)  The anatomical board is empowered to prescribe a schedule of fees to be collected from the institution or association to which the bodies, as described in this chapter, are distributed or loaned to defray the costs of obtaining and preparing such bodies.

(2)  The anatomical board is hereby empowered to receive money from public or private sources in addition to the fees collected from the institution or association to which the bodies are distributed to be used to defray the costs of embalming, handling, shipping, storage, cremation, and other costs relating to the obtaining and use of such bodies as described in this chapter; the anatomical board is empowered to pay the reasonable expenses incurred by any person delivering the bodies as described in this chapter to the anatomical board and is further empowered to enter into contracts and perform such other acts as are necessary to the proper performance of its duties; a complete record of all fees and other financial transactions of said anatomical board shall be kept and audited annually by the Department of Banking and Finance, and a report of such audit shall be made annually to the University of Florida.

History.--ss. 12, 15, ch. 28163, 1953; ss. 12, 15, 19, 35, ch. 69-106; s. 3, ch. 79-12; s. 8, ch. 96-251.

245.14  Institutions receiving bodies.--No university, school, college, teaching hospital, institution, or association shall be allowed or permitted to receive any such body or bodies as described in this chapter until its facilities have been inspected and approved by the anatomical board. All such bodies received by such university, school, college, teaching hospital, institution, or association shall be used for no other purpose than the promotion of medical science.

History.--s. 13, ch. 28163, 1953; ss. 11, 15, 35, ch. 69-106; s. 3, ch. 72-40; s. 9, ch. 96-251.

245.15  Disposition of bodies after use.--At any time when any body or bodies or part or parts of any body or bodies, as described in this chapter, shall have been used and deemed of no further value to medical or dental science, then the person or persons having charge of said body or parts of said body may dispose of the remains by cremation.

History.--s. 14, ch. 28163, 1953.

245.16  Selling, buying, or conveying bodies outside state prohibited; exceptions, penalty.--Any person who shall sell or buy any body or parts of bodies as described in this chapter or any person except a recognized Florida medical or dental school who shall transmit or convey or cause to be transmitted or conveyed such body or parts of bodies to any place outside this state is guilty of a misdemeanor of the first degree, punishable as provided in ss. 775.082 and 775.083. However, nothing in this chapter shall be construed as prohibiting the anatomical board from transporting human specimens outside the state for educational or scientific purposes or as prohibiting the transport of bodies, parts of bodies, or tissue specimens in furtherance of lawful examination, investigation, or autopsy conducted pursuant to s. 406.11. Any person, institution, or organization that conveys bodies or parts of bodies into or out of the state for medical education or research purposes shall notify the anatomical board of such intent and receive approval from the board.

History.--s. 16, ch. 28163, 1953; ss. 15, 35, ch. 69-106; s. 144, ch. 71-136; s. 4, ch. 72-40; s. 3, ch. 91-168; s. 1, ch. 93-3; s. 10, ch. 96-251.