Florida Statute 406.55
“Contracts for delivery of human remains after death prohibited”
What it means
Florida Statute 406.55 is one sentence. The anatomical board may not enter into any contract, oral or written, that provides for any sum of money to be paid to any living person in exchange for the delivery of that person's remains to the board when the person dies.
The section restricts the anatomical board. Other sections address payment for remains more broadly. Section 406.61(3) prohibits a person, institution, or organization from offering a monetary inducement or other valuable consideration in exchange for human remains, and § 873.01 makes buying or selling the human organs and tissues listed in that section for valuable consideration a felony of the second degree.
- The anatomical board may not contract to pay a living person for delivery of that person's remains at death (§ 406.55).
- The ban covers contracts oral or written and any sum of money (§ 406.55).
- The general ban on offering valuable consideration for human remains is in § 406.61(3).
- Buying or selling listed human organs and tissue for valuable consideration is a felony of the second degree (§ 873.01(1), (4)).
Text of the statute (2026)
The anatomical board may not enter into any contract, oral or written, that provides for any sum of money to be paid to any living person in exchange for the delivery of that person’s remains to the anatomical board when the person dies.
(3) A person, institution, or organization may not offer in exchange for human remains any monetary inducement or other valuable consideration, including goods or services, to a donor, a legally authorized person, the donor’s estate, or any other third party. As used in this subsection, the term “valuable consideration” does not include, and this subsection does not prohibit, payment or reimbursement of the reasonable costs associated with the removal, storage, and transportation of human remains, including payment or reimbursement of a funeral establishment or removal service licensed under chapter 497 or the reasonable costs after use, including payment or reimbursement for the disposition of human remains pursuant to s. 406.60.
(1) No person shall knowingly offer to purchase or sell, or purchase, sell, or otherwise transfer, any human organ or tissue for valuable consideration.
(4) A person who violates the provisions of this section is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Excerpts are the subsections the summary relies on. Read the full official text of § 406.55.
History. s. 9, ch. 28163, 1953; ss. 15, 35, ch. 69-106; s. 5, ch. 96-251; s. 10, ch. 2013-138.
How it applies
Section 406.55 prevents the board from paying a living person now for a future body donation. It does not by itself address private arrangements; § 406.61(3) does, and it excludes reasonable costs of removal, storage, transportation, and after-use disposition from “valuable consideration.”
The statute permits no payment term in a board contract for delivery of remains at death.
Where this shows up
Pages on this site where § 406.55 does real work:
Questions people ask
Sources
- Fla. Stat. § 406.55 (2026) (“may not enter into any contract, oral or written”)
- Fla. Stat. § 406.61 (2026) (Subsection (3) bans offering valuable consideration for human remains.)
- Fla. Stat. § 873.01 (2026) (Purchase or sale of human organs and tissue; felony of the second degree under subsection (4).)
Last checked: October 17, 2026
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