Fla. Admin. Code Ann. R. 33-602.112 - Inmate Death Notification Process

(1) Notice of Death. Upon the death of an inmate while in the custody of the department:

(a) The institution shall immediately notify:

1. The person designated by the inmate to receive notice of his death, which will typically be provided by the chaplain;

2. The Office of the Inspector General on-call supervisor via the emergency action center;

3. The Office of Health Services;

4. Any authorized organ donor organization that has received prior approval from the deceased for removal and donation of organs;

5. The nearest consulate of a foreign national's country in the case of the death of a foreign national; and

6. The district medical examiner of the district in which the death occurred if the death appears to be the result of natural causes.

(b) The Office of the Inspector General shall immediately notify:

1. The Florida Department of Law Enforcement;

2. The district medical examiner of the district in which the death occurred if the death occurred under suspicious circumstances or appears to be the result of unnatural causes; and

3. The State Attorney of the judicial circuit in which the death occurred.

(c) Notice of the death shall be given to the Anatomical Board at the University of Florida Health Science Center if the inmate was indigent or if the body is unclaimed or is required to be disposed of at state expense. Notice to the Anatomical Board is not required when:

1. Death was caused by a crushing injury;

2. The deceased had a contagious disease;

3. An autopsy was required to determine cause of death;

4. The body was in a state of severe decomposition; or

5. A family member objects to use of the body for medical education and research.

(2) Custody and Disposition of the Body.

(a) The body of the deceased inmate shall be kept and protected until the district medical examiner approves its release. The department shall notify the district medical examiner when the deceased has previously authorized the removal and donation of organs.

(b) After the body is released by the district medical examiner, arrangements for its lawful disposal shall be made by the department. Until the body is transported to its final place of disposal it will be surrendered to any person who makes a valid claim to it and who agrees to have it lawfully disposed of at his or her expense. The body may be held for a medically acceptable period of time to determine whether it will be claimed.

(c) The body may be claimed by any relative or friend of the deceased, by a representative of a fraternal organization of which the deceased was a member, or by the Anatomical Board at the University of Florida Health Science Center, provided that the Anatomical Board may not claim the body of any military dischargee described in Section 406.53, F.S. If competing claims to the body are received, they shall be honored in the following order:

1. Any person designated in the inmate's will to take custody of the body,

2. Any authorized organ donor organization which has received prior approval from the deceased for removal and donation of organs,

3. Surviving spouse,

4. Other relatives in order of relationship, in accordance with Section 732.103, F.S.,

5. Any other person designated by the inmate to receive notice of his death,

6. A representative of a fraternal organization of which the deceased was a member,

7. Any other person who represents that he was a friend of the deceased,

8. The Anatomical Board at the University of Florida Health Science Center.

(3) If the body of the deceased inmate is not claimed as outlined in paragraph (2)(c), disposal shall be by burial or cremation, as determined by the warden or his or her designee, based on cost considerations and available space, locally or at the department's designated cemetery, and whether the deceased inmate is entitled to burial in a national cemetery as a veteran of the armed forces. The warden or his or her designee shall make a reasonable effort, including contacting the county veterans service office or regional office of the United States Department of Veterans Affairs, to determine if the deceased inmate is entitled to burial in a national cemetery as a veteran of the armed forces. When cremation is the option selected for disposal, the institution or facility shall:

(a) Ensure that cremation is not prohibited by the tenets of the faith preference of the deceased inmate; and

(b) Inform family members, whenever possible and practical, that disposal of the body is to be by cremation.

Notes

Fla. Admin. Code Ann. R. 33-602.112

Rulemaking Authority 944.09 FS. Law Implemented 406.50, 406.53, 944.09 FS.

New 10-8-76, Amended 9-24-81, Formerly 33-3.09, Amended 6-2-88, 2-18-90, 2-12-97, Formerly 33-3.009, 33-401.301, Amended 3-25-02, 9-9-03, 2-15-06, Amended by Florida Register Volume 46, Number 068, April 7, 2020 effective 4/23/2020.

New 10-8-76, Amended 9-24-81, Formerly 33-3.09, Amended 6-2-88, 2-18-90, 2-12-97, Formerly 33-3.009, 33-401.301, Amended 3-25-02, 9-9-03, 2-15-06, 4-23-20.