January 24, 2021
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       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.
    8  Be It Enacted by the Legislature of the State of Florida:
   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.
   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.

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