Florida Senate - 2010                                     SB 708 
 
By Senator Baker 
20-00703-10                                            2010708__ 
1                        A bill to be entitled 
2         An act relating to the disposition of human remains; 
3         amending s. 497.005, F.S.; revising the term “legally 
4         authorized person” for purposes of the Florida 
5         Funeral, Cemetery, and Consumer Services Act; 
6         providing an effective date. 
7 
8  Be It Enacted by the Legislature of the State of Florida: 
9 
10         Section 1. Subsection (37) of section 497.005, Florida 
11  Statutes, is amended to read: 
12         497.005 Definitions.—As used in this chapter: 
13         (37) “Legally authorized person” means, in the priority 
14  listed:, 
15         (a) The decedent, when written inter vivos authorizations 
16  and directions are provided by the decedent; 
17         (b) The person designated by the decedent as authorized to 
18  direct disposition pursuant to Pub. L. No. 109-163, s. 564, as 
19  listed on the decedent’s United States Department of Defense 
20  Record of Emergency Data, DD Form 93, or its successor form, if 
21  the decedent died while serving on active duty in any branch of 
22  the United States Armed Forces, United States Reserve Forces, or 
23  National Guard; 
24         (c) The surviving spouse, unless the spouse has been 
25  arrested for committing against the deceased an act of domestic 
26  violence as defined in s. 741.28 that resulted in or contributed 
27  to the death of the deceased; 
28         (d) A son or daughter who is 18 years of age or older; 
29         (e) A parent; 
30         (f) A brother or sister who is 18 years of age or older; 
31         (g) A grandchild who is 18 years of age or older; 
32         (h) A grandparent; or 
33         (i) Any person in the next degree of kinship. 
34 
35  In addition, the term may include, if no family member exists or 
36  is available, the guardian of the dead person at the time of 
37  death; the personal representative of the deceased; the attorney 
38  in fact of the dead person at the time of death; the health 
39  surrogate of the dead person at the time of death; a public 
40  health officer; the medical examiner, county commission, or 
41  administrator acting under part II of chapter 406 or other 
42  public administrator; a representative of a nursing home or 
43  other health care institution in charge of final disposition; or 
44  a friend or other person not listed in this subsection who is 
45  willing to assume the responsibility as the legally authorized 
46  person. Where there is a person in any priority class listed in 
47  this subsection, the funeral establishment shall rely upon the 
48  authorization of any one legally authorized person of that class 
49  if that person represents that she or he is not aware of any 
50  objection to the cremation of the deceased’s human remains by 
51  others in the same class of the person making the representation 
52  or of any person in a higher priority class. 
53         Section 2. This act shall take effect upon becoming a law.