Florida Statute 497.005
“Definitions”
What it means
Section 497.005 defines the terms used in Florida's funeral, cemetery and cremation chapter (chapter 497). Subsection (43) defines the “legally authorized person”, the person who may direct disposition of a dead person's remains. The priority order: (1) the decedent, when the decedent provided written inter vivos authorizations and directions; (2) the person named on the decedent's DD Form 93, if the decedent died in military service as described in the statute; (3) the surviving spouse; (4) a son or daughter 18 or older; (5) a parent; (6) a brother or sister 18 or older; (7) a grandchild 18 or older; (8) a grandparent; (9) any person in the next degree of kinship.
If no family member exists or is available, the term may include the guardian, personal representative, attorney in fact, health surrogate, public health officer, a medical examiner, county commission or administrator acting under part II of chapter 406, a representative of a nursing home or other health care institution in charge of final disposition, or a friend or other person willing to assume the responsibility. A person arrested for an act of domestic violence against the deceased, or for any act that resulted in or contributed to the death, has no legally recognizable interest under the section.
- The decedent ranks first when the decedent provided written inter vivos authorizations and directions (§ 497.005(43)(a)1.).
- A DD Form 93 designee ranks second, if the decedent died in military service as described in 10 U.S.C. s. 1481(a)(1)-(8) (§ 497.005(43)(a)2.).
- After that: spouse, child 18 or older, parent, sibling 18 or older, grandchild 18 or older, grandparent, then the next degree of kinship (§ 497.005(43)(a)3.-9.).
- The fallback group applies only if no family member exists or is available; it ends with a friend or other person willing to assume the responsibility (§ 497.005(43)(b)).
- A funeral establishment relies on any one person in a priority class who represents that she or he knows of no objection to cremation from the same class or a higher one (§ 497.005(43)(b)).
- A person arrested for domestic violence against the deceased, or for any act that resulted in or contributed to the death, has no legally recognizable interest (§ 497.005(43), final paragraph).
Text of the statute (2026)
As used in this chapter, the term:
(43)(a) “Legally authorized person” means, in the priority listed: 1. The decedent, when written inter vivos authorizations and directions are provided by the decedent; 2. The person designated by the decedent as authorized to direct disposition pursuant to Pub. L. No. 109-163, s. 564, as listed on the decedent’s United States Department of Defense Record of Emergency Data, DD Form 93, or its successor form, if the decedent died while in military service as described in 10 U.S.C. s. 1481(a)(1)-(8) in any branch of the United States Armed Forces, United States Reserve Forces, or National Guard; 3. The surviving spouse; 4. A son or daughter who is 18 years of age or older; 5. A parent; 6. A brother or sister who is 18 years of age or older; 7. A grandchild who is 18 years of age or older; 8. A grandparent; or 9. Any person in the next degree of kinship.
(b) In addition, the term legally authorized person may include, if no family member exists or is available from paragraph (a), the guardian of the dead person at the time of death; the personal representative of the deceased; the attorney in fact of the dead person at the time of death; the health surrogate of the dead person at the time of death; a public health officer; the medical examiner, county commission, or administrator acting under part II of chapter 406 or other public administrator; a representative of a nursing home or other health care institution in charge of final disposition; or a friend or other person, including a member of a representative community organization, not listed in this subsection who is willing to assume the responsibility as the legally authorized person. Where there is a person in any priority class listed in this subsection, the funeral establishment shall rely upon the authorization of any one legally authorized person of that class if that person represents that she or he is not aware of any objection to the cremation of the deceased’s human remains by others in the same class of the person making the representation or of any person in a higher priority class. No person who has been arrested for committing against the deceased an act of domestic violence as defined in s. 741.28, or any act that resulted in or contributed to the death of the deceased shall be accorded any legally recognizable interest under this section consistent with s. 732.802.
Excerpts are the subsections the summary relies on. Read the full official text of § 497.005.
History. s. 3, ch. 59-363; s. 1, ch. 65-288; ss. 12, 35, ch. 69-106; s. 210, ch. 71-377; ss. 1, 2, ch. 72-78; s. 3, ch. 76-168; s. 2, ch. 76-251; s. 1, ch. 77-457; ss. 4, 39, 40, ch. 80-238; ss. 2, 3, ch. 81-318; s. 3, ch. 85-16; s. 2, ch. 85-202; s. 1, ch. 89-8; ss. 40, 122, ch. 93-399; s. 3, ch. 96-400; s. 1142, ch. 97-103; s. 2, ch. 98-268; s. 2, ch. 2000-195; s. 2, ch. 2001-120; s. 550, ch. 2003-261; s. 6, ch. 2004-301; s. 2, ch. 2005-155; s. 2, ch. 2009-219; s. 1, ch. 2010-125; s. 17, ch. 2013-138; s. 121, ch. 2014-17; s. 1, ch. 2016-172; s. 2, ch. 2023-109; s. 3, ch. 2023-142; s. 7, ch. 2023-144.
How it applies
Subsection (43) is the list applied when someone must authorize burial, cremation or another disposition and relatives disagree or none can be found. Other sections refer to it. Section 872.02(6)(a) allows an exempt cemetery to relocate the contents of a grave after written authorization from a legally authorized person, as defined in § 497.005(43); (6)(b) allows relocation after published notice when none can be located or 75 years have passed. Section 497.152(8) makes it a ground for discipline for a licensee to take possession of a body, or embalm it, without permission from a legally authorized person. Subsection (43) does not mention wills.
Where this shows up
Pages on this site where § 497.005 does real work:
Questions people ask
Sources
- Fla. Stat. § 497.005 (“Legally authorized person” means, in the priority listed: the decedent, DD Form 93 designee, surviving spouse, and so on.)
- Fla. Stat. § 497.152 (Taking possession of a dead human body without permission from a legally authorized person is a disciplinary ground.)
- Fla. Stat. § 872.02 (Subsection (6): cemetery relocation on written authorization from a legally authorized person as defined in s. 497.005(43), or after published notice if none can be located or 75 years have passed.)
- Fla. Stat. § 732.802 (The domestic-violence and killer exclusion refers to s. 732.802, under which a killer is not entitled to benefits under the will or the Probate Code.)
Last checked: October 17, 2026
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