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Resolution 181-1987 - Louis LaTorre, Director Social Services Department RESOLUTION NO. 181 -1987 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, CONCERNING A FLORIDA HOUSE OF REPRESENTATIVES BILL SPONSORED BY IRLO "BUD" BRONSON, JR., REP- RESENTATIVE, 77TH DISTRICT, RELATING TO THE DISPOSITION OF DEAD BODIES; CREATING SECTION 245.055, F.S" PROVIDING DEFINITIONS; AMEND- ING SECTION 245.06, F.S., PROVIDING CLARIFY- ING LANGUAGE WITH RESPECT TO THE DISPOSITION OF UNCLAIMED DEAD BODIES; CREATING LEGIS- LATION PROVIDING FOR THE RESPONSIBILITIES OF COUNTIES WITH RESPECT TO THE DISPOSITION OF DEAD BODIES; AND CREATING LEGISLATION PROVID- ING FOR THE RESPONSIBILITIES OF THE STATE, WHEREAS, Section 245.06, Florida Statutes, presently con- tains unclear language with respect to the disposition of un- claimed dead bodies; and WHEREAS, Chapter 245, Florida Statutes, presently does not contain provisions whereby the County may dispose of unclaimed bodies, or the bodies of indigents who die in this County, by means of cremation; and WHEREAS, there is limited burial space in Monroe County; and WHEREAS, at present the County is precluded from employing , cremation as an alternative to burial with respect to unclaimed dead bodies, now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: 1. The Governor and the Florida Legislature is hereby petitioned to take note of the proposed legislation and its impact on local government. 2. The Florida Legis lature is requested to support the proposed Bill sponsored by Representative Irlo "Bud" Bronson, Jr., of the 77th District. 3. The Clerk is hereby directed to forward copies of this resolution to the Governor, the Speaker of the House, the Presi- dent of the Senate, the Chairman of the House and Senate Commit- tees with jurisdiction over the subject matter, and the Monroe County Legislative Delegation. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 21st day of April, A.D. 1987. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ( Seal) /f Attest: -ILL ~~~i/iJ~ erk APPROVED AS TO FORM AND LEGAL SUFFICIENCY. BY "...../ 2 . :;1!1s.~!tt!:;it~ ^}tt:t;~~~;~i.ltt~,\i.:~.~'i~i~~~%t11,~~~:.t~~;:.:;:}~f.~~?4jt,,:~-:~}){f!fd~: >'f.~X:~~=:" c>:';:'::2i6.E:-~"~;'~,:~~~;f~ .~ .'. '. .' -.......::'.,- ,,,<-: :'., ~.)..-.;.-:;"" ~~iIi . ~ ~..... '" - '.-.,.~ -' :". }~~t.~~ 1'* ~~{ 'Ue ~~;.;. ~i~~:~ it -/ :~~j~;-~ - -" ..'-;".......~ \.. i',:' > ;....-...':.-... .. '1 ,.s. 1981 ---- DISPOSITION OF DEAD BODIES Ch, ~'l;) CHAPTER 245 DISPOSITION OF DEAD BODIES ~t5.06 Unclaimed dead bodies, disposition. proce- dure, Bodies to be kept 48 hou!"s before use; unfit, excess number of bodies, procedure. Death of indigents; notice; delivery to divi- sion when unclaimed; exceptions; assess- ment of fees. Bodies may be claimed after delivery to di- vision. Contracts for delivery of body after death prohibited. Acceptance of bodies under will. Distribution of dead bodies. Fees; authority to accept additional funds; annual audit, Bonds; institutions receiving bodies. Disposition of bodies after use. Selling, buying, shipping bodies outside of state regulated; penalty, : ~t5,07 145,08 245,09 145,10 245,11 145.12 245.13 245.14 245.15 245,16 I I I I f i 245.06 Unclaimed dead bodies, disposition, procedure.-All public officers, agents or en:p,loy~es of every county, city, village, town or mUniCipality and every person in charge of any prison, morgue, hospital, funeral parlor or mortuary and all other persons coming into possession, charge or control of any dead human body which is unclaimed or which is required to be buried at public expense are hereby re- quired to notify, immediately, the Division of Univer- sities of the Department of Education, or such person or persons as may from time to time be designated ~y the said division, whenever any such body or bodies come into its possession, charge or control. Should the person coming into possession, charge or control of such dead human body be other than a licensed embalmer or licensed funeral director, the division shall cause said body to be embalmed either by a li- censed embalmer or funeral director, or by the insti- tution to which such body is distributed, The division shall cause the fingerprints to be taken and such fin- gerprint records shall be senl to the Federal Bureau of Investigation in Washington, D.C, and a copy thereof retained by the division. The division shall make reasonable effort to determine the identity of the body and shall further make reasonable effort to contact any relatives of such deceased person, Upon the receipt by a licensed embalmer or funeral direc- tor of an unclaimed body or one which must be bur- ied at puhlic expense, such ernbalrner or funeral di- rector shall embalm said body by the most acceptable procedure. Such dead human bodie3 as descrihed in ~his chapter shall be delivered to the divisi()~ through Its duly authGrized agents as soon as posslhle after death. Nothing herein shall affect the right of a coro- ner to hold such dead body for the purpose of inve.;ti- gatin<7 the cause of death, n;)[ shall thi~ ch3pter affect the ri~ht of any court of con:tJ~ten~ jurisdiction to en- ter an order affecting the dlsposlt!On of such hody. H;!'i!ory._s. 6, ch. '28l6.1. 19~;1;~. 15. 35,l:h. t)9.11~::'I. :?:!. ch. ';";LIT". 215.07 Bodies to be kept .\8 hours before use' unfit excess number oC bodies, procedure. -Ail bodi~s received by the Division of Universities shall be retained in receiving vaults for a period of not less than 48 hours before allowing their use for medical science; if at any time more bodies are made available to the division than can be used for medical science under its jurisdiction, or if a body shall be deemed by the division to be unfit for anatomical purposes, the division may notify, in writing, the county commissioners of the county where such per- son died, who shall direct some person to take charge of such body and cause it to be buried in accordance with the already existing rules, laws and practices for disposing of such unclaimed bodies within the con- fines of the said county, Hi.tory.-s. 8, rh. 28163. 1953; 51. 15,35, rh. 69-106; 5. I, rh. 72.40: 5. I, rh. 77-174. 245.08 Death of indigents; notice; delivery to division when unclaimed; exceptions; assess- ment of Cees.- (1) Notice of death shall be given to the Division of Universities in all cases of indigent persons, but no such body shall be delivered to the division if any rel- ative, by blood or marriage, shall c~aim the body for burial at the expense of such relative, but the body shall be surrendered to said claimant for interment; nor shall any such body be delivered to the division if any friend or any representative of a fraternal society of which the deceased was a member, or a representa- tive of any charitable or religious organization, or a governmental agency which was providing res,idential care to the indi<7ent person at the time of hiS death shall claim the body for burial at his, its. or their ex- pense, No body shall be delivered to the division if the deceased person was an honorably discharged member of the Armed Forces of the United States or the state, who served between the dates of April 6, 1917, and July 2,1921; December 7, 1941, and SeI:- tember 2 1945; June 25, 1950, and February I, 195<>; or Augus't 4, 1964, and May 7, 1975; but s~i~ body shall be buried in accordance with the provlSlons of the existing laws, (2) When the Department of Health and Rehabil- itative Services claims the body of a client according to this section, the department shall assess fees for burial pursuant to s, 402,33. . Hi5tory.-5. 7, rh, 28163, 1953; 5. I, rh. 67-564; 55.15.35, ch. 69.106;.. I, rh. 8HO. . ,., -'4 ;..> ~---;. '~ ~. ." - . . .- _.~. ':. -'::"Jjo ;:f;;~: ,",;'" . .J - .'~~ .~~~:::~:. - -1...' ':':",",,0. It;*;- c 245.09 Bodies may be claimed after delivery to division.-Any dead human body which has been delivered to the Division of Uni,versities may be claimed by any friend or any representative of a fra- ternal society of which the deceased was a member, or a representative of any charitable or religious orga- nization. Upun receipt of such claim, the body or re- mains shall be surrendered to the claimant by the di- vision after the payment to the division for the ex- penses i!1curred in uhtaining and handling such body or remains. Hi~tCH)".--,. ." ch. -:"4ll'):l, 19.:;.1; ~~. 15. :15. ch. 63.1()6;!. 2. ch. 72.40. "'-"-,=--.'; ..'..:";;'- '.{Z ~-'.' .J- . -~. 1399 ,.,. .. I ~:.~~;~-- - .....-. .::.: -- .. ~~~,C;~~ '.'::'~~"'~ ~}:~~;{~:;~~Zijfr:;;~1::i;\~~~_> '. ,~,. . , ;t~~;;;~ /: : I' . i ~ '" 'I:i :: ;i :;1/1 . , II " , 'I I'il . ii' 'r: j "j, Ch, 245 ,:.:::~~. DISPOSITIO:'\ OF DEAD BODIES ~ :-~... .:.. .'~ -r } i I i ) f . L~; 245.10 Contracts for delivery of hody after death prohibitC'd.-The Division of Universities is specifically prohibited from entEcring into any con- tract, oral or written, whereby any sum of money shall be paid to any living person in exchange for which the body of said person shall be delivered to the division when such living person dies, Hi.tory._s, 9, ch. 2816:1, 1953; 's, 15. :15. ch, 69.106. 245.1l Acceptance of bodies under will,-If any person being of sound mind shall execute a will leaving his or her hody to the Division of Universities for the advancement of medical science and such per- son dies within the geographical limits of the state. the division is hereby empowered to accept and re- ceive such body. HistorY._I. 10, ch, 28163. 1953; ss. 15.35, ch, 69-106, 245,12 Distribution of dead bodies.-The Di- vision of Universities or its duly authorized agent shall take and receive the bodies delivered to it under the provisions of this chapter and shall distribute them, proportionately and equitably, to and among the medical and dental schools and to those teaching hospitals wherein the resident training program re- quires cadaveric material for study; or the same may be loaned for examination or study purposes to rec- ognized associations of licensed embalmers or funeral directors, or medical or dental examining boards at the discretion of the division, HistorY,_5, 11. ch, 28163, 1953; 55.15.35. ch, 69.106, 245.13 Fees; authority to accept additional funds; annual audit._ (1) The Division of Universities is empowered to prescribe a schedule of fees to be collected from the institution or association to which the bodies, as de- scribed in this chapter, are distributed or loaned to defray the costs of obtaining and preparing such bo- dies. (2) The division is hereby empowered to receive money from public or private sources in addition to the fees collected from the institution or association to which the bodies are distributed to be used to de- fray the costs of embalming, handling, shipping, slor- age, cremation and other costs relating to the obtain- ing and use of such bodies as described in this chap- ter; the division is empowered to pay the reasonable expenses incurred by any person delivering the bo- 1400 dies as described in this chapter to the division and' further empowered to enter into contrllcts and p I; form such other acts as are necessary to the pro;:' performance of its duties; a complete reCord of tt fees and other financial transactions of said divisi~ shall be kept and audited annually by the Depart n ment of Banking and Finance and a report of sUch audit shall be made annually to the Department of Health and Rehabilitative Services, lIi.torY._55. 12, 15, ch. 28163,1953; 55.12,15.19,35, ch, 69.106; I. 3, '*- 79-12. 245,1~ B?nds; institutions rece,iving bOdies. -No UnIversIty, school, college, teachmg hOSpital Or association shall be allowed or permitted to recei\'e any such body or bodies as described in this chapter until a bond, approved as to form by the Department of Legal Affairs shall have been given to the Division of Universities which bond shall be in the penal SUIlJ of $1,000 conditioned that all such bodies received by such university, school, college, teaching hospital or association shall be used for no other purpose than the promotion of medical science. HistorY._5, 13. ch, 28163. 1953; 55, 11,15.35. ch, 69.106; 5, 3. th. 72-40, 245.15 Disposition of bodies after use.-At any time when any body or bodies or part or parts of any body or bodies, as described in this chapter, shaU have been used and deemed of no further value to medical or dental science, then the person or persons ' having charge of said body or parts of said body may dispose of the remains by cremation. HistorY._5, 14, ch. 28163, 1953. 245.16 SelJing, buying, shipping bodies out. side of state regulated; penaItY.-Any person who shall sell or buy any body or parts of bodies as de- scribed in this chapter or shall transmit or conveyor cause to be transmitted or conveyed such body or parts of bodies to any place outside this state except a recognized medical or dental school shall be guilty of a misdemeanor of the first degree, punishable as provided in ss, 775.082 and 775.083, However, noth. ing in this chapter shall be construed as prohibiting the Division of Universities from transporting human specimens outside of the state for educational, scien- tific, or other therapeutic purposes. Hi.tory._5, 16. ch, 28163, 19.53; 55,15,35, ch, 69-106; 1,144. ch, 71-136; L 4, ch. 72-40, ,',:~J ;4t;.I ~ ~6.' :: ~t~-' ;~6.\ '-46: ~4t;.l ~4ti.\ ~4ti,l ~46.l ~46.: ~46.: t 046.: :46.: ~46. ' ~46- . ~46.~ ~46.~ :::46.~ ~46,~ ~46: ~4f,.~ ~46.~ ~46.~ ~46.~ ~45.~ ~46.~ ~46.~ ~46.~ ~46.: :?46,: 246,: :?46.~ , t I I t '2: (1 prJV: the pri\'. char PdUf ida I 8 ml ilf t t f:ne filII. al "I t'~St" Irih: ;;nd !('rl' ' lion Tn!'a thi~ fali, . "-' ." .' -. . ....,...' ,-"., 'C' . - c- -,^ '~"-""""='..""..,>>. ,..', O-"~,,y;~,~_ """.".. y" h '. '. '''''''''''''''' .,'_ _ , . ". '..' :' . '" ,''''''''''''~~~~ ~_"" _"" . .~.';"'''j'.. :...., .""""'~.'<.:lirJ-:f"'':..I''.u'r....~.'l: "',.\...c,,~,,<~,"~"';~t.;li;"'...;~ .. . :.,. J"';:-.,<'~~'. .......:~~~.;,- -"( , .. '_ _. .~t-&'~;'l~.iR"'ur.r~.._, ;;~..'~~~ 166-59-3-7 -.----.-- 1 2 . .....,.. j ~ ,. ----- .' / l:btc 1.3 1.4 1.6 1.7 1.8 1.9 1.10 l:enc 1.11 l:lus 1.13 l:lus l:lus 1.16 30 Department of Health and Rehabilitative Services or facilities 1.17 A bill to be entitled An act relating to disposition of dead bodies; 3 creating s. 245.055, F.S., providing 31 operated by the Department of Corrections. 1.18 4 definitions; amending s. 245.06, F.S., providing clarifying language with respect to the disposition of unclaimed dead bodies; 5 6 7 amending s. 245.07, F.S., deleting language with respect to the disposition of certain dead bodies; amending s. 245.08, F.S., providing that certain dead bodies need not be delivered 8 9 10 11 to the Division of Universities; creating s. 12 245.085, F.S., providing for the 13 responsibilities of counties with respect to 14 the disposition of dead bodies; creating s. 15 245.086, F.S., providing for the 16 17 responsibilities of the state; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Section 245.055, Florida Statutes, is 22 created to read: 23 245.055 Definitions.--As used in this chaPter. unless 24 the context otherwise requires: 25 (1) "Disposal" means to dispose of by burial or 26 cremation. 27 (2) "Indiqent" means those persons who conform to the 28 earninQs criteria of the Health Care Responsibility Act. but 29 who do not reside in a facility licensed or operated by the 1 CODING: Words strieke" ar let ions; words underlined are additions. 166-59-3-7 1 (3) "Residence" means a person's usual place of 2 dwellinq. 3 Section 2. Section 245.06, Florida Statutes, is 4 amended to read: 5 245.06 Unclaimed dead bodies, disposition, 6 procedure.-- 7 111 All public officers, agents or employees of every 8 county, city, village, town or municipality and every person 9 in charge of any prison, morgue, hospital, funeral parlor or 10 mortuary and all other persons coming into possession, charge 11 or control of any dead human body which is unclaimed or which 12 is required to be disposed of btlried at public expense are 13 hereoy required to notify, immediately, the Division of 14 Universities of the Department of Education, or such person or 15 persofts-as-may-from-time-to-time-be designated by the said 16 division, whenever any such body comes or-bodies-eome into its 17 possession, charge or control. 18 ~ Should the person coming into possession, charge 19 or control of such dead human body be other than a licensed 20 embalmer or licensed funeral director, the division shall 21 cause the said body to be embalmed either by a licensed 22 embalmer or funeral director, or by the institution to which 23 the stleh body is distributed. 24 1Ql The division shall cause the fingerprints to be 25 taken from the deceased person and such fingerprint records 26 shall be sent to the Federal Bureau of Investigation in 27 Washington, D.C.~ and a copy thereof shall be retained by the 28 division. 29 ~ The division shall make reasonable effort to 30 determine the identity of the body and shall further make 31 CODING: Words striekr. 2 \eletions; words underlined are additions. l:lus 1.20 1.21 l:lus 1.23 1.24 1.25 1.26 1.28 1.29 l:los 1.31 1.33 l:lus 1.35 1.36 1.37 1.38 1.39 l:lus 1.42 1.43 1.45 166-59-3-7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 reasonable effort to contact any relatives of such deceased person. ill Upon the receipt by a licensed embalmer or funeral director of an unclaimed body or one which must be disposed of bttr~ed at public expense, the stteh embalmer or funeral' director shall embalm the said body by the most acceptable procedure. 111 Stteh Dead human bodies as described in this chapter shall be delivered to the division through its duly authorized agents as soon as possible after death. However; nothing herein shall affect the right of a coroner to hold ~ stteh dead body for the purpose of investigating the cause of death, nor shall this chapter affect the right of any court of competent jurisdiction to enter an order affecting the disposition of such body. Section 3. Section 245.07, Florida Statutes, is amended to read: 245.07 Bodies to be kept 48 hours before usej unfit, excess number of bodies, procedure.-- 111 All bodies received by the Division of Universities shall be retained in receiving vaults for a period of not less than 48 hours before allowing their use for medical science~t ill If at any time more bodies are made available to the division than can be used for medical science under its jurisdiction, or if a body is shall-be deemed by the division to be unfit for anatomical purposes, the division may notify, in writing, the county commissioners of the county where such person died,-who-shall-d~~eet-some-~e~so"-to-take-eha~ge-oi stteh-body-a"d-eattse-~t-to-be-bttried-i"-aeeorda"ee-w~th-the 3 CODING: Words str~eke" are delptionsj words underlined are additions. 1.46 1.48 1.49 1:lus 1.51 1.53 l:lus 1.56 1.58 1.59 1.60 1.61 1.62 1.63 l:lus 1.64 1.65 1.66 1.68 1.69 1.71 1.72 1.73 1.74 166-59-3-7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 already-existing-rHles,-laws-and-praetiees-fer-dispesing-ef sHeh-Hnelaimed-bedies-within-the-eenfines-of-the-said-eoHnty. Section 4. Section 245.08, Florida Statutes, is amended to read: 245.08 Death of indigents; notice; delivery to division when unclaimed; exceptions; assessment of fees.-- (1) Notice of death shall be given to the Division of Universities in all cases of indigent persons, but no such body shall be delivered to the division: (a) If any relative, by blood or marriage, claims the body for disposal bHrial at the expense of the sHeh relative, but the body shall be surrendered to the claimant for disposal interment. (b) If any friend or any representative of a fraternal society of which the deceased was a member, or a representative of any charitable or religious organization, or a governmental agency which was proyiding residential care to the indigent person at the time of his death claims the body for disposal bHrial at his, its, or their expense. (c) If the deceased person was an honorably discharged member of the Armed Forces of the United States or the state who served during a period of wartime service as defined in s. 1.01(15); but disposal of such body shall be bHried in accordance with the provisions of the existing laws. (d) If the division notifies, in writinq, the county commissioners of the county in which such person died that the division does not want the body. (2) When the Department of Health and Rehabilitative Services claims the body of a client according to this section, the department shall assess fees for disposal bHrial pursuant to s. 402.33. 1.75 1.76 1.77 1.78 1.81 1.82 1.83 l:los 2.2 2.3 2.4 2.5 2.6 2.9 2.11 2.12 2.13 2.14 1:1us 2.16 2.17 2.18 l:lus 2.20 4 CODING: Words strieken are deletions; words underlined are additions. 166-59-3-7 1 Section 5. Section 245.085, Florida Statutes, is 2 created to read: 3 245.085 Responsibilities of counties.-- 4 (l) A county shall be responsible for the disposal of 5 the body of a person who dies within that county whenever the 6 residence of the person cannot be identified: whenever the 7 residence can be identified. the county of residence and the 8 county wherein the death occurred. shall aQree on whether the 9 body shall be transported to the county of residence of the 10 dead person: at which time the county of residence shall bear 11 the costs of transport or whether the county wherein the death 12 occurred shall dispose of the body: at which time the county 13 of residence shall bear the costs of disposal, and the county 14 of residence shall reimburse the county wherein the death 15 occurred for all costs of disposal of the body. 16 (2) If the Division of Universities notifies the 17 county commissioners of the county, wherein a person dies, 18 that the division does not want the body. the county shall: 19 (a) Cause the finQerprints to be taken from the 20 deceased person. and such finQerprint records shall be sent to 21 the Federal Bureau of Investiqation in WashinQton, D.C.. and 22 to the division, and a copy thereof shall be retained by the 23 county. 24 (b) Make reasonable effort to determine the identity 25 of the body and shall further make reasonable effort to 26 contact any relatives of such deceased person. 27 (c) Take charqe of such body and cause it to be 28 disposed of in accordance with the existinq rules. laws, and 29 practices for disposinq of such unclaimed bodies within the 30 confines of the county. 31 CODING: Words st~ieke" ~ 5 ~letions; words underlined are additions. 2.21 l:lus l:lus 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 1:1us 2.33 1:1us 2.35 2.37 1:1us 2.39 1:1us 2.41 2.42 166-59-3-7 1 (d) Be responsible for disposinq of the remains of 2 indiqent persons. 3 Section 6. Section 245.086, Florida Statutes, is 4 created to read: 5 245.086 Responsibilities of the state.--The unclaimed 6 body of a resident of a facility licensed or operated by the 7 Department of Health and Rehabilitative Services or facilities 8 operated by the Department of Corrections shall be disposed of 9 by the state. 10 Section 7. This act shall take effect October 1, 1987. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 CODING: Words strieken are deletior ords underlined are additions. 1:1us 2.44 2.45 l:lus 2.47 2.48 2.49 1 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 166-59-3-7 ***************************************** l:hbs 2 HOUSE SUMMARY l:hbs 3 Provides detailed responsibilities for the counties and for the state with respect to the disposition of dead bodies. 2.52 2.53 5 6 7 8 9 7 CODING: Words strieken are deletions; words underlined are additions.