Fla. Stat. § 406.53
Unclaimed remains of indigent person; exemption from notice to the anatomical board
Redline — January 1, 2011 → current.View current text →
Current — January 1, 2013
As of January 1, 2011
(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, but if such relative is indigent, in a manner consistent with the policy of the agency in possession or control of the body.
(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 Department of Health claims the body of a client according to this section, the department shall assess fees for burial pursuant to s. 402.33.
(3) For purposes of this chapter, the term indigent shall be 100 percent of the federal poverty level recognized by the Federal Income Guidelines produced by the United States Department of Health and Human Services.
A board of county commissioners or its designated county department that receives a report of the unclaimed remains of an indigent person, notwithstanding s. 406.50(1), is not required to notify the anatomical board of the remains if:
(1) The indigent person’s remains are decomposed or mutilated by wounds or if an autopsy is performed on the remains;
(2) A legally authorized person or a relative by blood or marriage claims the remains for final disposition at his or her expense or, if such relative or legally authorized person is also an indigent person, in a manner consistent with the policies and procedures of the board of county commissioners of the county in which the death occurred or the remains were found;
(3) The deceased person was a veteran of the United States Armed Forces, United States Reserve Forces, or National Guard and is eligible for burial in a national cemetery or was the spouse or dependent child of a veteran eligible for burial in a national cemetery; or
(4) A funeral director licensed under chapter 497 certifies that the anatomical board has been notified and either accepted or declined the remains.
Official source: Online Sunshine (Florida Legislature). Reproduced from public-domain Florida statutes; confirm against the official source for the current text. Not legal advice.