Florida Statute 406.61
“Selling, buying, or conveying human remains outside state prohibited; exceptions; penalty”
What it means
Florida Statute 406.61 controls the movement and sale of human remains. The anatomical board may transport remains outside Florida for educational or scientific purposes. Any other person, institution, or organization conveying remains or a part into or outside the state for medical or dental education or research must notify the board and receive its approval. A nontransplant anatomical donation organization accredited by the American Association of Tissue Banks may do so without notice or approval.
Selling or buying human remains or a part, or conveying them out of state in violation of the section, is a misdemeanor of the first degree; a recognized Florida medical or dental school is excepted. Remains received by the board or a nontransplant organization must come with the original burial-transit permit and may not be dissected, segmented, or disarticulated until the district medical examiner approves. No one may offer money or other valuable consideration for remains, other than reasonable removal, storage, transportation, and after-use costs. Accredited museums may convey plastinated remains for exhibition after 30 days' notice to the board.
- Conveying remains into or out of Florida for medical or dental education or research requires notice to and approval from the anatomical board; AATB-accredited nontransplant organizations are excepted (§ 406.61(1)(b)-(c)).
- Selling or buying human remains, or conveying them out of state in violation of the section, is a misdemeanor of the first degree; recognized Florida medical and dental schools are excepted (§ 406.61(1)(d)).
- Remains received by the board or a nontransplant organization need the original burial-transit permit, and dissection, segmentation, or disarticulation requires district medical examiner approval (§ 406.61(2)(a)).
- A nontransplant organization needs specific written consent for dissection, segmentation, or disarticulation, from a person authorized under § 765.512 (§ 406.61(2)(b)).
- No person, institution, or organization may offer monetary inducement or other valuable consideration for remains; reasonable removal, storage, transportation, and after-use costs are not covered by the ban (§ 406.61(3)).
- An accredited museum may convey plastinated remains for exhibition if it gives the board 30 days' notice and the required description and documentation (§ 406.61(4)).
Text of the statute (2026)
(b) A person, institution, or organization that conveys human remains or any part thereof into or outside the state for medical or dental education or research purposes must notify the anatomical board of such intent and receive approval from the board. (c) Notwithstanding paragraph (b), a nontransplant anatomical donation organization accredited by the American Association of Tissue Banks may convey human remains or any part thereof into or outside the state for medical or dental education or research purposes without notifying or receiving approval from the anatomical board. Effective October 1, 2014, a nontransplant anatomical donation organization must be accredited by the American Association of Tissue Banks. (d) A person who sells or buys human remains or any part thereof, or a person who transmits or conveys or causes to be transmitted or conveyed such remains or part thereof to any place outside this state, in violation of this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. This paragraph does not apply to a recognized Florida medical or dental school.
(2)(a) Human remains received in this state by the anatomical board or a nontransplant anatomical donation organization must be accompanied by the original burial-transit permit issued pursuant to s. 382.007. The remains may not be dissected, segmented, or disarticulated until the district medical examiner of the county in which the death occurred or the remains were found grants approval pursuant to s. 406.11. (b) A nontransplant anatomical donation organization must obtain specific written consent for the dissection, segmentation, or disarticulation of any part of the remains from a person who is authorized under s. 765.512 to give such consent. Such consent must expressly state that the remains may undergo long-term preservation or extensive preparation, including, but not limited to, removal of the head, arms, legs, hands, feet, spine, organs, tissues, or fluids.
(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.
(4) An entity accredited by the American Association of Museums may convey plastinated human remains or any part thereof within, into, or outside the state for exhibition and public educational purposes without the consent of the anatomical board if the accredited entity: (a) Notifies the anatomical board of the conveyance and the duration and location of the exhibition at least 30 days before the intended conveyance.
Excerpts are the subsections the summary relies on. Read the full official text of § 406.61.
History. s. 16, ch. 28163, 1953; ss. 15, 35, ch. 69-106; s. 144, ch. 71-136; s. 4, ch. 72-40; s. 3, ch. 91-168; s. 1, ch. 93-3; s. 10, ch. 96-251; s. 1, ch. 2009-128; s. 10, ch. 2013-16; s. 16, ch. 2013-138.
How it applies
The section uses three controls: notice to and approval from the anatomical board for conveying remains across the state line, permit and consent requirements before dissection, and a ban on offering valuable consideration for remains.
The ban excludes reasonable costs of removal, storage, transportation, and after-use disposition, including payment to a funeral establishment or removal service licensed under chapter 497. Organizations accredited by the American Association of Tissue Banks and accredited museums have their own paths in subsections (1)(c) and (4).
Where this shows up
Pages on this site where § 406.61 does real work:
Related sections
Questions people ask
Sources
- Fla. Stat. § 406.61 (2026) (“must notify the anatomical board of such intent and receive approval from the board”)
- Fla. Stat. § 765.512 (2026) (Persons authorized to give consent for dissection under subsection (2)(b).)
- Fla. Stat. § 406.60 (2026) (Disposition of remains after use, cross-referenced in subsection (3).)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.