Florida Statute 406.02 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 406
MEDICAL EXAMINERS; DISPOSITION OF HUMAN REMAINS

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F.S. 406.02

406.02 Medical Examiners Commission; membership; terms; duties; staff.—

(1) There is created the Medical Examiners Commission within the Department of Law Enforcement. The commission shall consist of nine persons appointed or selected as follows:

(a) The Governor shall appoint:

1. Two members who are physicians licensed pursuant to chapter 458 or chapter 459 and who are active district medical examiners;

2. One member who is a funeral director licensed pursuant to chapter 497;

3. One member who is a state attorney;

4. One member who is a public defender;

5. One member who is a sheriff; and

6. One member who is a county commissioner.

(b) One member shall be the Attorney General or her or his designated representative.

(2) The term of office of the physicians appointed to the commission shall be 4 years. The term of office of the state attorney, public defender, sheriff, and county commissioner each shall be 4 years unless she or he leaves that office sooner, in which case her or his appointment will terminate. The term of office of the funeral director shall be 4 years. Upon the expiration of the present terms of office, the Governor shall appoint two members for terms of 4 years, two members for terms of 3 years, two members for terms of 2 years, and one member for a term of 1 year. An appointment to fill a vacancy shall be for the unexpired portion of the term.

(3) Members of the commission shall not receive any compensation for their services, but shall be reimbursed for travel and expenses incurred in the performance of their duties as provided in s. 112.061.

(4) The Medical Examiners Commission shall:

(a) Initiate cooperative policies with any agency of the state or political subdivision thereof.

(b) Remove or suspend district medical examiners pursuant to this act and have the authority to investigate violations of this act.

(c) Oversee the distribution of state funds for the medical examiner districts and may make such agreements and contracts, subject to approval of the executive director of the Department of Law Enforcement, as may be necessary to effect the provisions of this chapter.

(5) All staffing and budgetary decisions involving the commission shall be subject to the approval of the executive director of the department.

(6) The Department of Law Enforcement shall employ staff for the commission pursuant to subsection (5).

History.—s. 2, ch. 70-232; s. 1, ch. 70-439; s. 1, ch. 72-392; s. 1, ch. 77-174; s. 4, ch. 78-323; s. 15, ch. 79-8; ss. 1, 5, 6, 7, ch. 81-89; ss. 1, 4, ch. 82-46; s. 2, ch. 83-265; s. 16, ch. 86-220; ss. 1, 7, 8, ch. 87-359; s. 5, ch. 91-429; s. 25, ch. 97-103; s. 174, ch. 99-8; s. 140, ch. 2004-301; s. 55, ch. 2008-6; s. 113, ch. 2010-102.

F.S. 406.02 on Google Scholar

F.S. 406.02 on Casetext

Amendments to 406.02

Arrestable Offenses / Crimes under Fla. Stat. 406.02

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 406.02.

Annotations, Discussions, Cases:

Cases Citing Statute 406.02

Total Results: 20

Lowery v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-10-05T00:00:00-07:00

Citation: 201 So. 3d 791, 2016 Fla. App. LEXIS 14946

Snippet: answer questions regarding a murder. Id. at 406. About two hours after the detectives read him his Miranda

Rosario v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-08-28T00:00:00-07:00

Citation: 175 So. 3d 843, 2015 Fla. App. LEXIS 12848, 2015 WL 5051187

Snippet: the Department of Law Enforcement. Fla. Stat. § 406.02. Further, the Medical Examiners Commission itself

Krupkin v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-08-30T00:00:00-07:00

Citation: 119 So. 3d 1267, 2013 WL 4609989, 2013 Fla. App. LEXIS 13970

Snippet: exempt from the registration requirement. See § 496.406(2), Fla. Stat. (2009). The initial and renewal registration

St. Johns River Water Management District v. Molica

Court: Fla. Dist. Ct. App. | Date Filed: 2011-08-19T00:00:00-07:00

Citation: 83 So. 3d 765, 2011 Fla. App. LEXIS 13029, 2011 WL 3627412

Snippet: agricultural use exemption found in section 373[.]406(2), Florida Statutes, is moot, and, C[.] Jurisdiction

In Re Standard Jury Instructions in Civil Cases—Report No. 09-01

Court: Fla. | Date Filed: 2010-03-04T00:00:00-08:00

Citation: 35 So. 3d 666, 35 Fla. L. Weekly Supp. 149, 2010 Fla. LEXIS 302

Snippet: MALICIOUS PROSECUTION 406.1 Introduction 406.2 Summary of Claims 406.3 Greater Weight …judge, as the judge reads the instructions aloud. 406.2 SUMMARY OF CLAIMS The claims [and defenses] in this

Wilson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-01-22T00:00:00-08:00

Citation: 25 So. 3d 704, 2010 Fla. App. LEXIS 416, 2010 WL 199419

Snippet: 17, 1993, after being repealed in 1988. Ch. 93-406 §§ 2, 44, Laws of Fla. According to his motion, Wilson

A. DUDA AND SONS, INC. v. St. Johns River Water Management District

Court: Fla. Dist. Ct. App. | Date Filed: 2009-10-02T00:00:00-07:00

Citation: 22 So. 3d 622, 2009 Fla. App. LEXIS 14719, 2009 WL 3149282

Snippet: agricultural exemption contained in section 373.406(2), Florida Statutes. The panel in Duda I agreed, …did not address the interplay between section 373.406(2) and language from the Warren S. Henderson Wetlands

A. Duda & Sons, Inc. v. St. Johns River Water Management District

Court: Fla. Dist. Ct. App. | Date Filed: 2009-07-17T00:00:00-07:00

Citation: 17 So. 3d 738, 2009 Fla. App. LEXIS 9759, 2009 WL 2067373

Snippet: surface waters. § 373.406(2). Thus, in the first sentence of section 373.406(2), the Legislature created…interpretation of section 373.406(2) is correct. It is the second sentence of section 373.406(2) that is at the core…agricultural exemption set forth in section 373.406(2), Florida Statutes (2007).[1] The ALJ agreed with…District. Duda contended that, pursuant to section 373.406(2), it was exempt from the District's permitting…the District's interpretation of section 373.406(2). The ALJ consolidated the rule challenge and enforcement

CHEESE & GRILL RESTAURANT v. Wachovia Bank

Court: Fla. Dist. Ct. App. | Date Filed: 2007-10-24T00:53:00-07:00

Citation: 970 So. 2d 372

Snippet: endorsement on the back of the checks. [2] § 674.406(2), Fla. Stat. (1999). [3] Although our research

State v. Richardson

Court: Fla. | Date Filed: 2005-09-08T00:53:00-07:00

Citation: 915 So. 2d 86

Snippet: of the habitual felony offender statute. Ch. 93-406, § 2, at 2915, Laws of Fla. Based upon the timing of

Quintana v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2005-06-29T00:00:00-07:00

Citation: 913 So. 2d 628, 2005 Fla. App. LEXIS 10038, 2005 WL 1522619

Snippet: sequential conviction requirement. See ch. 93-406, §§ 2, 44, at 2915, 2974, Laws of Fla. The defendant

Ago

Court: Fla. Att'y Gen. | Date Filed: 2004-09-14T00:53:00-07:00

Snippet: secondary and tertiary care services." See s. 381.0406(2)(c), Fla. Stat. While the term "health care…public entities providing health care, see s.381.0406(2)(b), Fla. Stat., you have advised this office that

Reed v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2004-09-01T00:53:00-07:00

Citation: 880 So. 2d 1269

Snippet: So.2d 1080, 1083 (Fla. 1st DCA 1997); ch. 93-406, §§ 2, 44, Laws of Fla.; § 775.084(5), Fla. Stat. (1993

Fillmore v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-11-12T00:00:00-08:00

Citation: 858 So. 2d 1223, 2003 Fla. App. LEXIS 17069, 2003 WL 22658508

Snippet: section 775.084(5), Florida Statutes. See Ch. 93-406, § 2, Laws of Fla., at 2915 (1993) (effective June

Ago

Court: Fla. Att'y Gen. | Date Filed: 2003-07-18T00:53:00-07:00

Snippet: provided in Ch. 318, Fla. Stat. 8 And see, s. 337.406(2), Fla. Stat., providing that "[p]ersons holding

Ruiz v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-05-14T00:53:00-07:00

Citation: 844 So. 2d 800

Snippet: felonies on which he was habitualized. See ch. 93-406, § 2, Laws of Fla. (1993) (effective June 17, 1993)…the 1993 version of section 775.084. See ch. 93-406, § 2, Laws of Fla. (1993). [2] Defendant was released

Bover v. State

Court: Fla. | Date Filed: 2001-10-04T00:53:00-07:00

Citation: 797 So. 2d 1246

Snippet: offender statute effective June 17, 1993, see ch. 93-406 §§ 2, 44, Laws of Fla., after having been repealed

Barnhill v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2001-05-11T00:53:00-07:00

Citation: 788 So. 2d 313

Snippet: to habitual offender classification. See Ch. 93-406, § 2, Laws of Fla. (1993) (effective June 17, 1993)

Jb v. Fla. Dept. of Children and Fam. Services

Court: Fla. | Date Filed: 2000-09-28T00:53:00-07:00

Citation: 768 So. 2d 1060

Snippet: calendar days' notice); Utah Code Ann. § 78-3a-406(2) (1998) (stating a hearing can be held no sooner

Moore v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2000-01-11T23:53:00-08:00

Citation: 748 So. 2d 1094

Snippet: ; That statute was enacted in 1993, see ch. 93-406 § 2, Laws of Fla., which was after the defendant committed