Florida Statute 406.49
“Definitions”
What it means
Florida Statute 406.49 defines eight terms used in part II of chapter 406, the part that deals with the anatomical board and the disposition of human remains. The anatomical board is the state's anatomical board headquartered at the University of Florida Health Science Center. Unclaimed remains are human remains not claimed, for final disposition at the person's expense, by a legally authorized person other than a medical examiner or the board of county commissioners. An indigent person is one whose family income does not exceed 100 percent of the current federal poverty guidelines for the family's household size.
Cremated remains, final disposition, human remains, and legally authorized person have the meanings given in § 497.005. A nontransplant anatomical donation organization is a tissue bank or other organization that facilitates nontransplant anatomical donation, from referral and consent through acquisition, transport, preparation, storage, distribution, and final disposition.
- The anatomical board is headquartered at the University of Florida Health Science Center (§ 406.49(1)).
- Unclaimed remains are not claimed by a legally authorized person, other than a medical examiner or the board of county commissioners, for final disposition at that person's expense (§ 406.49(8)).
- An indigent person has family income at or below 100 percent of the current federal poverty guidelines for the family's household size (§ 406.49(5)).
- Cremated remains, final disposition, human remains, and legally authorized person take their meanings from § 497.005 (§ 406.49(2), (3), (4), (6)).
- A nontransplant anatomical donation organization is a tissue bank or other organization that facilitates nontransplant anatomical donation (§ 406.49(7)).
Text of the statute (2026)
As used in this part, the term: (1) “Anatomical board” means the anatomical board of the state headquartered at the University of Florida Health Science Center. (2) “Cremated remains” has the same meaning as provided in s. 497.005. (3) “Final disposition” has the same meaning as provided in s. 497.005. (4) “Human remains” or “remains” has the same meaning as provided in s. 497.005. (5) “Indigent person” means a person whose family income does not exceed 100 percent of the current federal poverty guidelines prescribed for the family’s household size by the United States Department of Health and Human Services. (6) “Legally authorized person” has the same meaning as provided in s. 497.005. (7) “Nontransplant anatomical donation organization” means a tissue bank or other organization that facilitates nontransplant anatomical donation, including referral, obtaining informed consent or authorization, acquisition, traceability, transport, assessing donor acceptability, preparation, packaging, labeling, storage, release, evaluating intended use, distribution, and final disposition of nontransplant anatomical donations. (8) “Unclaimed remains” means human remains that are not claimed by a legally authorized person, other than a medical examiner or the board of county commissioners, for final disposition at the person’s expense.
Excerpts are the subsections the summary relies on. Read the full official text of § 406.49.
History. s. 5, ch. 2013-138.
How it applies
Whether remains are unclaimed depends on whether a legally authorized person, other than a medical examiner or county commission, claims them for final disposition at that person's expense (§ 406.49(8)). Under that wording, an identified decedent with known relatives can still have unclaimed remains.
Because “legally authorized person” takes its meaning from § 497.005, the priority list in that section determines who qualifies: first the decedent's written directions, then the person designated on DD Form 93 for a decedent who died in military service, then the surviving spouse, adult children, parents, adult siblings, adult grandchildren, grandparents, and the next degree of kinship (§ 497.005(43)(a)).
Related sections
Questions people ask
Sources
- Fla. Stat. § 406.49 (2026) (“‘Unclaimed remains’ means human remains that are not claimed by a legally authorized person”)
- Fla. Stat. § 497.005 (2026) (Defines legally authorized person, final disposition, human remains, and cremated remains; § 497.005(43)(b) refers to part II of chapter 406.)
Last checked: October 17, 2026
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