Florida Senate - 2023                       CS for CS for SB 490
       By the Committees on Appropriations; and Commerce and Tourism;
       and Senators Jones and Davis
       576-03804A-23                                          2023490c2
    1                        A bill to be entitled                      
    2         An act relating to deceased individuals; providing a
    3         short title; amending s. 960.001, F.S.; requiring law
    4         enforcement agencies to provide certain information
    5         during the investigation of the death of a minor;
    6         providing an exception; providing construction;
    7         amending s. 497.005, F.S.; revising the definition of
    8         the term “legally authorized person”; providing an
    9         effective date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. This act may be cited as “Curtis’ Law.”
   14         Section 2. Paragraph (v) is added to subsection (1) of
   15  section 960.001, Florida Statutes, to read:
   16         960.001 Guidelines for fair treatment of victims and
   17  witnesses in the criminal justice and juvenile justice systems.—
   18         (1) The Department of Legal Affairs, the state attorneys,
   19  the Department of Corrections, the Department of Juvenile
   20  Justice, the Florida Commission on Offender Review, the State
   21  Courts Administrator and circuit court administrators, the
   22  Department of Law Enforcement, and every sheriff’s department,
   23  police department, or other law enforcement agency as defined in
   24  s. 943.10(4) shall develop and implement guidelines for the use
   25  of their respective agencies, which guidelines are consistent
   26  with the purposes of this act and s. 16(b), Art. I of the State
   27  Constitution and are designed to implement s. 16(b), Art. I of
   28  the State Constitution and to achieve the following objectives:
   29         (v)Information concerning an investigation into the death
   30  of a minor.
   31         1.During the investigation of the death of a minor, the
   32  law enforcement agency that initiates or bears the primary
   33  responsibility for the investigation must provide the minor’s
   34  next of kin with all of the following information:
   35         a.The contact information for the primary contact, if
   36  known, for the particular investigation, as well as the contact
   37  information for each law enforcement agency involved in the
   38  investigation.
   39         b.The case number for the investigation, if applicable.
   40         c.A list of the minor’s personal effects that were found
   41  on or with the minor and information on how the minor’s next of
   42  kin can collect such personal effects.
   43         d.Information regarding the status of the investigation,
   44  at the discretion of the law enforcement agency.
   45         2.A law enforcement agency may not provide any of the
   46  information under this paragraph if doing so would jeopardize or
   47  otherwise interfere with an active investigation.
   48         3.This paragraph does not require a law enforcement agency
   49  to provide investigative records generated during its
   50  investigation to a minor’s next of kin for inspection.
   51         Section 3. Subsection (43) of section 497.005, Florida
   52  Statutes, is amended to read:
   53         497.005 Definitions.—As used in this chapter, the term:
   54         (43) “Legally authorized person” means:
   55         (a), In the priority listed:
   56         1.(a) The decedent, when written inter vivos authorizations
   57  and directions are provided by the decedent;
   58         2.(b) The person designated by the decedent as authorized
   59  to direct disposition pursuant to Pub. L. No. 109-163, s. 564,
   60  as listed on the decedent’s United States Department of Defense
   61  Record of Emergency Data, DD Form 93, or its successor form, if
   62  the decedent died while in military service as described in 10
   63  U.S.C. s. 1481(a)(1)-(8) in any branch of the United States
   64  Armed Forces, United States Reserve Forces, or National Guard;
   65         3.(c) The surviving spouse, unless the spouse has been
   66  arrested for committing against the deceased an act of domestic
   67  violence as defined in s. 741.28 that resulted in or contributed
   68  to the death of the deceased;
   69         4.(d) A son or daughter who is 18 years of age or older;
   70         5.(e) A parent;
   71         6.(f) A brother or sister who is 18 years of age or older;
   72         7.(g) A grandchild who is 18 years of age or older;
   73         8.(h) A grandparent; or
   74         9.(i) Any person in the next degree of kinship; or.
   75         (b)In addition, the term may include, If no family member
   76  listed in paragraph (a) exists or is available, the guardian of
   77  the dead person at the time of death; the personal
   78  representative of the deceased; the attorney in fact of the dead
   79  person at the time of death; the health surrogate of the dead
   80  person at the time of death; a public health officer; the
   81  medical examiner, county commission, or administrator acting
   82  under part II of chapter 406 or other public administrator; a
   83  representative of a nursing home or other health care
   84  institution in charge of final disposition; or a friend or other
   85  person not listed in this subsection who is willing to assume
   86  the responsibility as the legally authorized person. Where there
   87  is a person in any priority class listed in this subsection, the
   88  funeral establishment shall rely upon the authorization of any
   89  one legally authorized person of that class if that person
   90  represents that she or he is not aware of any objection to the
   91  cremation of the deceased’s human remains by others in the same
   92  class of the person making the representation or of any person
   93  in a higher priority class.
   95  Consistent with s. 732.802, the term “legally authorized person”
   96  does not include a person who has been arrested for committing
   97  an act of domestic violence as defined in s. 741.28 against the
   98  decedent or any act that resulted in or contributed to the death
   99  of the decedent.
  100         Section 4. This act shall take effect July 1, 2023.