Florida Statutes
Fla. Stat. § 497.383 (2025)
Additional rights of legally authorized persons.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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497.383 Additional rights of legally authorized persons.—
(1) In addition to any other common law or statutory rights a legally authorized person may otherwise have, that person may authorize a funeral director or direct disposer licensed under this chapter to lawfully dispose of fetal remains in circumstances when a fetal death certificate is not issued under chapter 382. A person licensed under this chapter or former chapter 470 is not liable for damages as a result of following the instructions of the legally authorized person in connection with the final disposition of fetal remains in circumstances in which a fetal death certificate is not issued under chapter 382 or in connection with the final disposition of a dead human body.
(2) Any ambiguity or dispute concerning the right of any legally authorized person to provide authorization under this chapter or the validity of any documentation purporting to grant that authorization shall be resolved by a court of competent jurisdiction.
Note.—Former s. 470.0294.
Notes of Decisions
Cited in 1
case, 2020–2020 · leading case: Lee Giat v. Sci Funeral Servs. of Florida, LLC d/b/a Menorah Gardens (Fla. 4th DCA 2020).
Lee Giat v. Sci Funeral Servs. of Florida, LLC d/b/a Menorah Gardens (Fla. 4th DCA 2020). “Rather, section 497.383(2), Florida Statutes (2020), provides that “[a]ny ambiguity or dispute concerning the right of any legally authorized person to provide authorization under this chapter or the validity of any documentation purporting to grant that authorization shall be…”
— 497.383(2) — 1 case
Lee Giat v. Sci Funeral Servs. of Florida, LLC d/b/a Menorah Gardens (Fla. 4th DCA 2020). “Rather, section 497.383(2), Florida Statutes (2020), provides that “[a]ny ambiguity or dispute concerning the right of any legally authorized person to provide authorization under this chapter or the validity of any documentation purporting to grant that authorization shall be…”
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