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Chapter 406 — Medical Examiners & Unclaimed Remains

Florida Statute 406.50

Unclaimed remains; disposition, procedure

What it means

When remains must be buried or cremated at public expense, Florida Statute 406.50 requires whoever has possession to immediately notify the anatomical board, subject to five exceptions — decomposed or mutilated remains, autopsied remains, contagious disease, an objection by a legally authorized person, or a veteran (or a veteran's spouse or dependent child) eligible for national-cemetery burial.

Before final disposition there must be a reasonable effort to identify the deceased, contact relatives, and check national-cemetery eligibility under 38 C.F.R. 38.620. The remains of a person whose identity is not known may not be cremated, donated as an anatomical gift, buried at sea, or removed from the state. If the board does not accept the remains, the county commission may authorize and arrange burial or cremation.

— What it says
  • Possession of unclaimed remains needing public-expense disposition → immediate notice to the anatomical board, unless one of five exceptions applies.
  • The veteran check is built in: reasonable effort includes contacting the National Cemetery Scheduling Office, the county veterans service office, or the VA regional office.
  • Delivery to the board happens as soon as possible after death; when no family exists or is available, a licensed funeral director may authorize arterial embalming after 24 hours.
  • Unidentified remains may not be cremated, donated as an anatomical gift, buried at sea, or removed from the state.
  • If the board declines, the board of county commissioners may authorize and arrange burial or cremation of the entire remains.
  • Nothing limits a medical examiner's right to hold remains or a court's power to order a different disposition.
— In a real probate

How it plays out

Unclaimed does not mean unknown. In the situations we see, the person is usually identified and relatives are locatable — they simply cannot or will not pay, and the statute treats that as unclaimed. Two of its duties do quiet good: the mandatory veteran check has moved people into national cemeteries their families never knew they qualified for, and the no-cremation rule for unidentified remains preserves the chance of a name later. The county backstop means the answer is never nothing.

Where this shows up

Pages on this site where § 406.50 does real work:

Questions people ask

What happens to a body no one claims in Florida?
The person or entity holding it must immediately notify the state anatomical board under Florida Statute 406.50, after reasonable efforts to identify the person, contact relatives, and check veteran eligibility. If the board declines the remains, the county commission may arrange burial or cremation.
Can unidentified remains be cremated in Florida?
No. Florida Statute 406.50(4) forbids cremating, donating as an anatomical gift, burying at sea, or removing from the state the remains of a person whose identity is not known.
The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 406.50
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