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Chapter 873 — Sale of Human Remains

Florida Statute 873.01

“Purchase or sale of human organs and tissue prohibited”

What it means

No person may knowingly offer to purchase or sell, or purchase, sell or otherwise transfer, any human organ or tissue for valuable consideration (subsection (1)). The organs and tissues covered are the eye, cornea, kidney, liver, heart, lung, pancreas, bone and skin, and any other organ or tissue adopted by rule of the Agency for Health Care Administration ((3)(a)).

“Valuable consideration” does not include the reasonable costs associated with the removal, storage and transportation of a human organ or tissue ((3)(b)). Separately, no for-profit corporation or employee of one may transfer or arrange for the transfer of any human body part for valuable consideration ((2)). A violation is a felony of the second degree ((4)).

— What it says
  • Knowingly offering to buy or selling, buying or transferring a human organ or tissue for valuable consideration is prohibited (§ 873.01(1)).
  • Covered: eye, cornea, kidney, liver, heart, lung, pancreas, bone and skin, plus any organ or tissue adopted by Agency for Health Care Administration rule (§ 873.01(3)(a)).
  • “Valuable consideration” excludes the reasonable costs of removal, storage and transportation (§ 873.01(3)(b)).
  • A for-profit corporation or its employee may not transfer or arrange the transfer of any human body part for valuable consideration (§ 873.01(2)).
  • Violation is a second-degree felony (§ 873.01(4)).

Text of the statute (2026)

§ 873.01
(1) No person shall knowingly offer to purchase or sell, or purchase, sell, or otherwise transfer, any human organ or tissue for valuable consideration. (2) No for-profit corporation or any employee thereof shall transfer or arrange for the transfer of any human body part for valuable consideration. (3)(a) The human organs and tissues subject to the provisions of this section are the eye, cornea, kidney, liver, heart, lung, pancreas, bone, and skin or any other organ or tissue adopted by rule by the Agency for Health Care Administration for this purpose. (b) As used in this section, the term “valuable consideration” does not include the reasonable costs associated with the removal, storage, and transportation of a human organ or tissue. (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 § 873.01.

History. s. 1, ch. 84-264; s. 3, ch. 87-372; s. 298, ch. 99-8.

— In a Florida probate

How it applies

The statute turns on whether valuable consideration is paid or received for an organ or tissue. Payment of the reasonable costs of removal, storage and transportation is outside that term. Subsection (2) applies a separate bar to for-profit corporations and their employees, and it is stated for any human body part rather than only the listed organs and tissues. Dealing in whole dead bodies is covered by § 872.01, and who may direct disposition of remains by § 497.005(43).

Where this shows up

Pages on this site where § 873.01 does real work:

Questions people ask

Is it legal to sell human organs or tissue in Florida?
No. Section 873.01(1) prohibits knowingly offering to purchase or sell, or purchasing, selling or transferring, any human organ or tissue for valuable consideration, and (4) makes a violation a second-degree felony. The reasonable costs of removal, storage and transportation are not valuable consideration.

Sources

  • Fla. Stat. § 873.01 (“No person shall knowingly offer to purchase or sell, or purchase, sell, or otherwise transfer, any human organ or tissue for valuable consideration.”)
  • Fla. Stat. § 872.01 (Dealing in dead bodies is a first-degree misdemeanor.)

Last checked: October 17, 2026

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 § 873.01

Published by the Probate.Help editorial team.How these pages are written and checked.

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