Florida Statute 406.52
“Retention of human remains before use; claim after delivery to anatomical board; procedures for unclaimed remains of indigent persons”
What it means
Florida Statute 406.52 sets rules for remains after they reach the anatomical board. The board must keep all human remains it receives in storage for at least 48 hours before allowing their use for medical education or research. Remains may be embalmed when received, and the board may, for any reason, refuse to accept unclaimed remains or the remains of an indigent person.
At any time before use for medical education or research, a legally authorized person may claim remains delivered to the board. The board must release them after payment of its expenses for transporting, embalming, and storing the remains. A board of county commissioners may by resolution or ordinance prescribe policies and procedures for burial or cremation of the entire unclaimed remains of an indigent person who died, or was found, in the county. A person licensed under chapter 497 is not liable for damages from cremating or burying such remains at the written direction of the board of county commissioners or its designee.
- The board must keep remains in storage at least 48 hours before allowing use for medical education or research (§ 406.52(1)).
- The board may refuse to accept unclaimed remains or the remains of an indigent person for any reason (§ 406.52(1)).
- A legally authorized person may claim remains at any time before their use for medical education or research (§ 406.52(2)).
- Release follows payment of the board's expenses for transporting, embalming, and storing the remains (§ 406.52(2)).
- A board of county commissioners may adopt policies for burial or cremation of an indigent person's unclaimed remains (§ 406.52(3)(a)).
- A chapter 497 licensee acting on the board's or its designee's written direction is not liable for damages from the cremation or burial (§ 406.52(3)(b)).
Text of the statute (2026)
(1) The anatomical board shall keep in storage all human remains that it receives for at least 48 hours before allowing their use for medical education or research. Human remains may be embalmed when received. The anatomical board may, for any reason, refuse to accept unclaimed remains or the remains of an indigent person. (2) At any time before their use for medical education or research, human remains delivered to the anatomical board may be claimed by a legally authorized person. The anatomical board shall release the remains to the legally authorized person after payment of the anatomical board’s expenses incurred for transporting, embalming, and storing the remains. (3)(a) A board of county commissioners may by resolution or ordinance, in accordance with applicable laws and rules, prescribe policies and procedures for the burial or cremation of the entire unclaimed remains of an indigent person whose death occurred, or whose remains were found, in the county. (b) A person licensed under chapter 497 is not liable for any damages resulting from cremating or burying such human remains at the written direction of the board of county commissioners or its designee.
Excerpts are the subsections the summary relies on. Read the full official text of § 406.52.
History. s. 8, ch. 28163, 1953; ss. 15, 35, ch. 69-106; s. 1, ch. 72-40; s. 1, ch. 77-174; s. 2, ch. 91-168; s. 2, ch. 96-251; s. 12, ch. 98-268; s. 142, ch. 2004-301; s. 8, ch. 2013-138.
How it applies
The claim right in subsection (2) has no fixed deadline. Its stated endpoint is the use of the remains for medical education or research, and release depends on payment of the board's transporting, embalming, and storage expenses.
The 48-hour storage period in subsection (1) applies before any use. The section does not say how a claim must be made. Who counts as a legally authorized person is defined in § 497.005.
Questions people ask
Sources
- Fla. Stat. § 406.52 (2026) (“At any time before their use for medical education or research, human remains delivered to the anatomical board may be claimed”)
- Fla. Stat. § 497.005 (2026) (Defines legally authorized person.)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.