Florida Statute 406.50 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 406
MEDICAL EXAMINERS; DISPOSITION OF HUMAN REMAINS

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F.S. 406.50

406.50 Unclaimed remains; disposition, procedure.—

(1) A person or entity that comes into possession, charge, or control of unclaimed remains that are required to be buried or cremated at public expense shall immediately notify the anatomical board, unless:

(a) The unclaimed remains are decomposed or mutilated by wounds;

(b) An autopsy is performed on the remains;

(d) A legally authorized person objects to use of the remains for medical education or research; or

(e) 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.

(2) Before the final disposition of unclaimed remains, the person or entity in charge or control of the remains shall make a reasonable effort to:

(a) Determine the identity of the deceased person and contact any relatives of the deceased person.

(b) Determine whether the deceased person is eligible under 38 C.F.R. s. 38.620 for burial in a national cemetery as a veteran of the armed forces and, if eligible, to cause the deceased person’s remains or cremated remains to be delivered to a national cemetery.

For purposes of this subsection, “a reasonable effort” includes contacting the National Cemetery Scheduling Office, the county veterans service office, or the regional office of the United States Department of Veterans Affairs.

(3) Unclaimed remains shall be delivered to the anatomical board as soon as possible after death. When no family exists or is available, a funeral director licensed under chapter 497 may assume the responsibility of a legally authorized person and may, after 24 hours have elapsed since the time of death, authorize arterial embalming for the purposes of storage and delivery of unclaimed remains to the anatomical board. A funeral director licensed under chapter 497 is not liable for damages under this subsection.

(4) The remains of a deceased person whose identity is not known may not be cremated, donated as an anatomical gift, buried at sea, or removed from the state.

(5) If the anatomical board does not accept the unclaimed remains, the board of county commissioners or its designated county department of the county in which the death occurred or the remains were found may authorize and arrange for the burial or cremation of the entire remains. A board of county commissioners may by resolution or ordinance, in accordance with applicable laws and rules, prescribe policies and procedures for final disposition of unclaimed remains.

(6) This part does not affect the right of a medical examiner to hold human remains for the purpose of investigating the cause of death or the right of any court of competent jurisdiction to enter an order affecting the disposition of such remains.

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; s. 1, ch. 2002-204; s. 141, ch. 2004-301; s. 6, ch. 2013-138.

Note.—Former s. 245.06.

F.S. 406.50 on Google Scholar

F.S. 406.50 on Casetext

Amendments to 406.50

Arrestable Offenses / Crimes under Fla. Stat. 406.50

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 406.50.

Annotations, Discussions, Cases:

Cases Citing Statute 406.50

Total Results: 4

LEE GIAT v. SCI FUNERAL SERVICES OF FLORIDA, LLC d/b/a MENORAH GARDENS

Court: Fla. Dist. Ct. App. | Date Filed: 2020-12-08T23:53:00-08:00

Snippet: 5 To the extent sections 497.005(37) and 406.50(4) provide guidance, the priorities therein

Heiny v. Heiny

Court: Fla. Dist. Ct. App. | Date Filed: 2013-01-25T00:00:00-08:00

Citation: 113 So. 3d 897, 2013 WL 275567

Snippet: half of those capital improvements would be $136,406.50,” awarding the husband that amount in the equitable

Arthur v. Milstein

Court: Fla. Dist. Ct. App. | Date Filed: 2007-02-28T00:00:00-08:00

Citation: 949 So. 2d 1163, 2007 WL 602630

Snippet: were legally authorized, Florida Statute section 406.50(4) directs that priority to the remains pass in… of the medical examiner for interment, section 406.50(4) provides that the requests shall be prioritized…survivor of them. The trial court relied upon section 406.50(4) to determine that Dannielynn had priority over…Arthur's position is that dependence on section 406.50(4) was error in this case as she is the sole "…find that neither section 497.005(37), nor section 406.50, control the outcome of this case, which in essence

Florida Bar v. Shankman

Court: Fla. | Date Filed: 2005-07-07T00:00:00-07:00

Citation: 908 So. 2d 379, 30 Fla. L. Weekly Supp. 571, 2005 Fla. LEXIS 1450, 2005 WL 1576105

Snippet: costs from David S. Shankman in the amount of $7,406.50, for which sum let execution issue. It is so ordered