Florida Statutes 497.171 – Identification of human remains
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(1) PRIOR TO FINAL DISPOSITION.–
(a) This subsection shall apply to licensees under parts III and VI.
Terms Used In Florida Statutes 497.171
- Alternative container: means an unfinished wood box or other nonmetal receptacle or enclosure, without ornamentation or a fixed interior lining, that is designed for the encasement of human remains and that is made of fiberboard, pressed wood, composition materials (with or without an outside covering), or like materials. See Florida Statutes 497.005
- Board: means the Board of Funeral, Cemetery, and Consumer Services. See Florida Statutes 497.005
- Casket: means a rigid container that is designed for the encasement of human remains and that is usually constructed of wood or metal, ornamented, and lined with fabric. See Florida Statutes 497.005
- Cemetery: means a place dedicated to and used or intended to be used for the permanent interment of human remains or cremated remains. See Florida Statutes 497.005
- Cremated remains: means all the remains of the human body recovered after the completion of the cremation process, including processing or pulverization that leaves only bone fragments reduced to unidentifiable dimensions and may include the residue of any foreign matter, including casket material, bridgework, or eyeglasses that were cremated with the human remains. See Florida Statutes 497.005
- Cremation: means any mechanical or thermal process whereby a dead human body is reduced to ashes and bone fragments. See Florida Statutes 497.005
- Cremation container: means the casket or alternative container in which the human remains are transported to and placed in the cremation chamber for a cremation. See Florida Statutes 497.005
- Cremation interment container: means a rigid outer container that, subject to a cemetery's rules and regulations, is composed of concrete, steel, fiberglass, or some similar material in which an urn is placed prior to being interred in the ground and that is designed to support the earth above the urn. See Florida Statutes 497.005
- Decedent: A deceased person.
- Department: means the Department of Financial Services. See Florida Statutes 497.005
- Final disposition: means the final disposal of a dead human body by earth interment, aboveground interment, cremation, burial at sea, anatomical donation, or delivery to a medical institution for lawful dissection if the medical institution or entity receiving the anatomical donation assumes responsibility for disposition after use pursuant to…. See Florida Statutes 497.005
- Funeral establishment: means a facility licensed under this chapter where a funeral director or embalmer practices funeral directing or embalming. See Florida Statutes 497.005
- Legally authorized person: means , in the priority listed:1. See Florida Statutes 497.005
- Licensee: means the person or entity holding any license or other authorization issued under this chapter, except where expressly indicated otherwise. See Florida Statutes 497.005
- Niche: means a compartment or cubicle for the memorialization or permanent placement of a container or urn containing cremated remains. See Florida Statutes 497.005
- Outer burial container: means an enclosure into which a casket is placed and includes, but is not limited to, vaults made of concrete, steel, fiberglass, or copper; sectional concrete enclosures; crypts; and wooden enclosures. See Florida Statutes 497.005
- Person: when used without qualification such as "natural" or "individual" includes both natural persons and legal entities. See Florida Statutes 497.005
- Rules: refers to rules adopted under this chapter unless expressly indicated to the contrary. See Florida Statutes 497.005
- Urn: means a receptacle designed to permanently encase cremated remains. See Florida Statutes 497.005
(b) The licensee in charge of the final disposition of dead human remains shall, prior to final disposition of such dead human remains, affix to the ankle or wrist of the deceased, and on the casket, alternative container, or cremation container, a tag providing proper identification of the dead human remains. The identification tag shall be encased in or consist of durable and long-lasting material and shall list the name, date of birth, and date of death of the deceased, if available. The board may adopt rules specifying acceptable materials for such identification tag, acceptable locations for the tag on the casket, alternative container, or cremation container, and acceptable methods of affixing the tag.(c) If the dead human remains are cremated, proper identification shall be placed in the container or urn containing the cremated remains.(d) Any licensee responsible for removal of dead human remains to any establishment, facility, or location shall ensure that the remains are identified by a tag or other means of identification that is affixed to the ankle or wrist of the deceased at the time the remains are removed from the place of death or other location.
(2) INTERMENT IN UNLICENSED CEMETERIES.–The identification of human remains interred in an unlicensed cemetery shall be the responsibility of the licensed funeral establishment in charge of the funeral arrangements for the deceased person. The licensed funeral establishment in charge of the funeral arrangements for the interment of human remains in an unlicensed cemetery shall place on the outer burial container, cremation interment container, or other container or on the inside of a crypt or niche a tag or permanent identifying mark listing the name of the decedent and the date of death, if available. The materials and locations of the tag or mark shall be more specifically described by rule of the licensing authority.
(3) INTERMENT IN LICENSED CEMETERIES.–
(a) This subsection shall apply to cemetery licensees under part II.
(b) As to interments in a licensed cemetery, each licensed cemetery shall place on the outer burial container, cremation interment container, or other container or on the inside of a crypt or niche a tag or permanent identifying marker listing the name of the decedent and the date of death, if available. The materials and the location of the tag or marker shall be more specifically described by rule of the licensing authority.
(c) Each licensed cemetery may rely entirely on the identity stated on the burial transit permit or on the identification supplied by a person licensed under this chapter to establish the identity of the dead human remains delivered by such person for burial and shall not be liable for any differences between the identity shown on the burial transit permit or identification and the actual identity of the dead human remains delivered by such person and buried in the cemetery.
(4) DIRECT DISPOSAL ESTABLISHMENTS.–Direct disposal establishments shall establish a system of identification of human remains received that shall be designed to track the identity of the remains from the time of receipt until delivery of the remains to the authorized persons. This is in addition to the requirements for identification of human remains set forth in subsection (1). A copy of the identification procedures shall be available, upon request, to the department and legally authorized persons.
(5) RELIANCE ON LEGALLY AUTHORIZED PERSON.–Any licensee charged with responsibility under this section may rely on the representation of a legally authorized person to establish the identity of dead human remains.