2004 Florida Code
TITLE XXXII REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 470 FUNERAL DIRECTING, EMBALMING, AND DIRECT DISPOSITION  
470.0355   Identification of human remains.

1470.0355  Identification of human remains.--

(1)  The licensee or registrant in charge of the final disposition of dead human remains shall, prior to final disposition of such dead human remains, affix on the ankle or wrist of the deceased, or in the casket or alternative container or cremation container, proper identification of the dead human remains. The identification or tag shall be encased in or consist of durable and long-lasting material containing the name, date of birth, date of death, and social security number of the deceased, if available. If the dead human remains are cremated, proper identification shall be placed in the container or urn containing the remains.

(2)  Any licensee or registrant 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.

(3)  Any licensee or registrant may rely on the representation of a legally authorized person to establish the identity of dead human remains.

History.--s. 11, ch. 98-298; s. 93, ch. 2004-301.

1Note.--Section 93, ch. 2004-301, renumbered s. 470.0355 as s. 497.388 and amended the section, effective October 1, 2005, to read:

497.388  Identification of human remains.--

(1)  PRIOR TO FINAL DISPOSITION.--

(a)  The licensee in charge of the final disposition of dead human remains shall, prior to final disposition of such dead human remains, affix on the ankle or wrist of the deceased, and in the casket or alternative container or cremation container, proper identification of the dead human remains. The identification or tag shall be encased in or consist of durable and long-lasting material containing the name, date of birth, and date of death of the deceased, if available. If the dead human remains are cremated, proper identification shall be placed in the container or urn containing the remains.

(b)  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.

(c)  Any licensee may rely on the representation of a legally authorized person to establish the identity of dead human remains.

(2)  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 in an unlicensed cemetery of human remains 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 containing 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)  IN LICENSED CEMETERIES.--Human remains at licensed cemeteries shall be identified as follows:

(a)  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 containing 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 board.

(b)  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 which 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.