Florida Statute 406.52 | 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. 406.52

406.52 Retention of human remains before use; claim after delivery to anatomical board; procedures for unclaimed remains of indigent persons.—

(1) The anatomical board shall keep in storage all human remains that it receives for at least 48 hours before allowing their use for medical education or research. Human remains may be embalmed when received. The anatomical board may, for any reason, refuse to accept unclaimed remains or the remains of an indigent person.

(2) At any time before their use for medical education or research, human remains delivered to the anatomical board may be claimed by a legally authorized person. The anatomical board shall release the remains to the legally authorized person after payment of the anatomical board’s expenses incurred for transporting, embalming, and storing the remains.

(3)(a) A board of county commissioners may by resolution or ordinance, in accordance with applicable laws and rules, prescribe policies and procedures for the burial or cremation of the entire unclaimed remains of an indigent person whose death occurred, or whose remains were found, in the county.

(b) A person licensed under chapter 497 is not liable for any damages resulting from cremating or burying such human remains at the written direction of the board of county commissioners or its designee.

History.—s. 8, ch. 28163, 1953; ss. 15, 35, ch. 69-106; s. 1, ch. 72-40; s. 1, ch. 77-174; s. 2, ch. 91-168; s. 2, ch. 96-251; s. 12, ch. 98-268; s. 142, ch. 2004-301; s. 8, ch. 2013-138.

Note.—Former s. 245.07.

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Amendments to 406.52

Arrestable Offenses / Crimes under Fla. Stat. 406.52

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 406.52.

Annotations, Discussions, Cases:

Cases Citing Statute 406.52

Total Results: 4

University of Miami v. Wilson

Court: District Court of Appeal of Florida | Date Filed: 2007-02-28

Citation: 948 So. 2d 774, 2007 Fla. App. LEXIS 2728, 2006 WL 1687685

Snippet: Burnet v. Coronado Oil & Gas Co., 285 U.S. 393, 406, 52 S.Ct. 443, 76 L.Ed. 815 (1932)(Brandeis, J., dissenting)("[I]n

DeMayo v. Chames

Court: District Court of Appeal of Florida | Date Filed: 2006-06-14

Citation: 934 So. 2d 548, 2006 WL 1627451

Snippet: Burnet v. Coronado Oil & Gas Co., 285 U.S. 393, 406, 52 S.Ct. 443, 76 L.Ed. 815 (1932) (Brandeis, J., dissenting))

Wike v. State

Court: Supreme Court of Florida | Date Filed: 1994-11-23

Citation: 648 So. 2d 683, 1994 WL 656640

Snippet: Burnet v. Coronado Oil & Gas Co., 285 U.S. 393, 406, 52 S.Ct. 443, 447, 76 L.Ed. 815 (1932) (Brandeis,

State v. County of Dade

Court: Supreme Court of Florida | Date Filed: 1968-05-08

Citation: 210 So. 2d 200

Snippet: Coronado Oil & Gas Co. (1932), 285 U.S. 393, 406, 52 S.Ct. 443, 447, 76 L.Ed. 815. [16] Seaboard Air