Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 490
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/13/2023           .                                

       The Committee on Appropriations (Rouson) recommended the
    1         Senate Amendment (with title amendment)
    3         Between lines 48 and 49
    4  insert:
    5         Section 1. Subsection (43) of section 497.005, Florida
    6  Statutes, is amended to read:
    7         497.005 Definitions.—As used in this chapter, the term:
    8         (43)(a) “Legally authorized person” means, in the priority
    9  listed:
   10         1.(a) The decedent, when written inter vivos authorizations
   11  and directions are provided by the decedent;
   12         2.(b) The person designated by the decedent as authorized
   13  to direct disposition pursuant to Pub. L. No. 109-163, s. 564,
   14  as listed on the decedent’s United States Department of Defense
   15  Record of Emergency Data, DD Form 93, or its successor form, if
   16  the decedent died while in military service as described in 10
   17  U.S.C. s. 1481(a)(1)-(8) in any branch of the United States
   18  Armed Forces, United States Reserve Forces, or National Guard;
   19         3.(c) The surviving spouse, unless the spouse has been
   20  arrested for committing against the deceased an act of domestic
   21  violence as defined in s. 741.28 that resulted in or contributed
   22  to the death of the deceased;
   23         4.(d) A son or daughter who is 18 years of age or older;
   24         5.(e) A parent;
   25         6.(f) A brother or sister who is 18 years of age or older;
   26         7.(g) A grandchild who is 18 years of age or older;
   27         8.(h) A grandparent; or
   28         9.(i) Any person in the next degree of kinship.
   29         (b) In addition, the term legally authorized person may
   30  include, if no family member exists or is available from
   31  paragraph (a), the guardian of the dead person at the time of
   32  death; the personal representative of the deceased; the attorney
   33  in fact of the dead person at the time of death; the health
   34  surrogate of the dead person at the time of death; a public
   35  health officer; the medical examiner, county commission, or
   36  administrator acting under part II of chapter 406 or other
   37  public administrator; a representative of a nursing home or
   38  other health care institution in charge of final disposition; or
   39  a friend or other person not listed in this subsection who is
   40  willing to assume the responsibility as the legally authorized
   41  person. Where there is a person in any priority class listed in
   42  this subsection, the funeral establishment shall rely upon the
   43  authorization of any one legally authorized person of that class
   44  if that person represents that she or he is not aware of any
   45  objection to the cremation of the deceased’s human remains by
   46  others in the same class of the person making the representation
   47  or of any person in a higher priority class.
   49  No person who has been arrested for committing against the
   50  deceased an act of domestic violence as defined in s. 741.28, or
   51  any act that resulted in or contributed to the death of the
   52  deceased shall be accorded any legally recognizable interest
   53  under this section consistent with s. 732.802.  
   55  ================= T I T L E  A M E N D M E N T ================
   56  And the title is amended as follows:
   57         Delete lines 2 - 7
   58  and insert:
   59         An act relating to deceased individuals; providing a
   60         short title; amending s. 960.001, F.S.; requiring law
   61         enforcement agencies to provide certain information
   62         during the investigation of the death of a minor;
   63         providing an exception; amending s. 497.055, F.S.;
   64         revising a definition; providing construction;
   65         providing an effective