Florida Statute 406.11 | 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. 406.11

406.11 Examinations, investigations, and autopsies.—

(1) In any of the following circumstances involving the death of a human being, the medical examiner of the district in which the death occurred or the body was found shall determine the cause of death and shall, for that purpose, make or perform such examinations, investigations, and autopsies as he or she deems necessary or as requested by the state attorney:

(a) When any person dies in this state:

1. Of criminal violence.

2. By accident.

3. By suicide.

4. Suddenly, when in apparent good health.

5. Unattended by a practicing physician or other recognized practitioner.

6. In any prison or penal institution.

7. In police custody.

8. In any suspicious or unusual circumstance.

9. By criminal abortion.

10. By poison.

11. By disease constituting a threat to public health.

12. By disease, injury, or toxic agent resulting from employment.

(b) When a dead body is brought into this state without proper medical certification.

(2)(a) The district medical examiner shall have the authority in any case coming under subsection (1) to perform, or have performed, whatever autopsies or laboratory examinations he or she deems necessary and in the public interest to determine the identification of or cause or manner of death of the deceased or to obtain evidence necessary for forensic examination.

(b) The Medical Examiners Commission shall adopt rules, pursuant to chapter 120, providing for the notification of the next of kin that an investigation by the medical examiner’s office is being conducted. A medical examiner may not retain or furnish any body part of the deceased for research or any other purpose which is not in conjunction with a determination of the identification of or cause or manner of death of the deceased or the presence of disease or which is not otherwise authorized by this chapter, part V of chapter 765, or chapter 873, without notification of and approval by the next of kin.

(c) A district medical examiner shall assist the State Health Officer in identifying and reporting deaths upon a request by the State Health Officer under s. 381.00315.

History.—s. 6, ch. 70-232; s. 26, ch. 73-334; s. 1, ch. 77-174; s. 1, ch. 87-166; s. 29, ch. 97-103; s. 3, ch. 98-253; s. 48, ch. 2006-1; s. 28, ch. 2015-4; s. 19, ch. 2021-8; s. 7, ch. 2022-71.

F.S. 406.11 on Google Scholar

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Amendments to 406.11

Arrestable Offenses / Crimes under Fla. Stat. 406.11

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 406.11.

Annotations, Discussions, Cases:

Cases Citing Statute 406.11

Total Results: 20

Bridget Ingwell v. Patricia Ibrahim and SCI Funeral Services of Florida, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-25T00:00:00-07:00

Snippet: would have the power to require an autopsy. See § 406.11(1)(a)4., Fla. Stat. (2023) (authorizing a district

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: requested -by the state attorney.” Fla. Stat. § 406.11(1). Further, any person who becomes aware of a …dying under circumstances described in section § 406.11 has a duty to report the death to the medical examiner

University of Florida Board of Trustees v. Stone

Court: Fla. Dist. Ct. App. | Date Filed: 2012-06-21T00:00:00-07:00

Citation: 92 So. 3d 264, 2012 WL 2345115, 2012 Fla. App. LEXIS 10000

Snippet: cause of death in certain types of cases. See § 406.11, Fla. Stat. (2004). The alleged deficiencies in

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: of Proof on Claim 406.10 Defense Issues 406.11 Burden of Proof on Defense Issues…defense. See RESTATEMENT (2D) OF TORTS § 666, cmt. 406.11 BURDEN OF PROOF ON DEFENSE ISSUES If the greater

FINR v. Marshall

Court: Fla. Dist. Ct. App. | Date Filed: 2006-12-08T00:00:00-08:00

Citation: 943 So. 2d 976

Snippet: there are no other survivors"). [2] Section 406.11(2)(a), Florida Statutes (2003), sets forth the

Campus Communications, Inc. v. Earnhardt

Court: Fla. Dist. Ct. App. | Date Filed: 2002-07-12T00:53:00-07:00

Citation: 821 So. 2d 388

Snippet: filed by Appellees was abandoned. [2] Section 406.11(1)(a)2., Florida Statutes (2001), provides that

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Court: Fla. Att'y Gen. | Date Filed: 2001-07-11T00:53:00-07:00

Snippet: scientific, or therapeutic purposes." 2 Section 406.11(2)(a), Fla. Stat., states that a district medical

Crocker v. Pleasant

Court: Fla. | Date Filed: 2001-01-31T23:53:00-08:00

Citation: 778 So. 2d 978

Snippet: by the circumstances mandated by statute. See § 406.11, Fla. Stat. (2000). [11] Section 768.28(9)(a)

Ducharme v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1997-04-01T23:53:00-08:00

Citation: 690 So. 2d 1358

Snippet: statutory degree of the felony committed. See Ch. 93-406, § 11, at 2937, Laws of Fla. Based on the interplay

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Court: Fla. Att'y Gen. | Date Filed: 1994-12-12T23:53:00-08:00

Snippet: General RAB/tls 1 See, s. 406.11(a)5., Fla. Stat. (1993). 2 See, s. 406.11(1)(c), Fla. Stat. (1993). … district medical examiner pursuant to sections 406.11 and 406.12, Florida Statutes. In sum: The death…Part VI, Chapter 400, Florida Statutes. Section 406.11(1), Florida Statutes, requires the medical examiner… considered an attended death for purposes of s.406.11(1)(a)5." Thus, a hospice licensed pursuant…patient dies, the notice requirements in section 406.11(1), Florida Statutes, are not triggered, absent

Gerber v. CITY NAT. BANK OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 1993-05-04T00:53:00-07:00

Citation: 619 So. 2d 328

Snippet: Anderson, Anderson on the Uniform Commercial Code, § 4-406:11 (3d ed. Supp. 1992) ("The section of the Code

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Court: Fla. Att'y Gen. | Date Filed: 1992-07-02T00:53:00-07:00

Snippet: these circumstances. 2 Section 406.11(1)(a)-(c), F.S. 3 Section 406.11(2)(a), F.S. 4 See, e.g., Dobbs …conveyance contained within s. 245.16, F.S. 1 Section 406.11(1), F.S., also authorizes the state attorney to

Williams v. City of Minneola

Court: Fla. Dist. Ct. App. | Date Filed: 1991-01-31T00:00:00-08:00

Citation: 575 So. 2d 683, 1991 Fla. App. LEXIS 711, 1991 WL 9576

Snippet: the survivor's feelings arose. [3] See § 406.11, Fla. Stat. This videotape was not requested or

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Court: Fla. Att'y Gen. | Date Filed: 1990-12-27T23:53:00-08:00

Snippet: accept the report for investigation pursuant to s.406.11 and shall report his findings, in writing, to the

New York Life Insurance Co. v. Coll

Court: Fla. Dist. Ct. App. | Date Filed: 1990-10-23T00:00:00-07:00

Citation: 568 So. 2d 1306, 1990 Fla. App. LEXIS 8170

Snippet: case. The autopsy, which was mandated by section 406.11, Florida Statutes (1989), was performed for a medical

Spink v. McConnell

Court: Fla. Dist. Ct. App. | Date Filed: 1988-08-11T00:00:00-07:00

Citation: 529 So. 2d 813, 13 Fla. L. Weekly 1892, 1988 Fla. App. LEXIS 3660, 1988 WL 82368

Snippet: reasonable medical certainty” are delineated in sections 406.11 and 406.13, Florida Statutes (1987). The medical

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Court: Fla. Att'y Gen. | Date Filed: 1987-01-19T23:53:00-08:00

Snippet: investigation of a death pursuant to Ch. 406, F.S. See, s. 406.11, F.S., requiring the medical examiner of the district…district medical examiners specifically under s.406.11, F.S., that the jurisdiction of the district medical

State v. Powell

Court: Fla. | Date Filed: 1986-10-29T23:53:00-08:00

Citation: 497 So. 2d 1188

Snippet: and an autopsy is required in accordance with s. 406.11. (b) No objection by the next of kin of the decedent…autopsies on all drowning victims contrary to section 406.11, Florida Statutes (1981); that decisions on autopsies…duties, and privileges under sections 732.9185 and 406.11 which allege that both sections are unconstitutional…under appeal, the trial judge found that section 406.11 was constitutional on its face and as applied, …not present with the issues of whether sections 406.11 and 732.9185 were complied with in performing these

Fridovich v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1986-05-28T00:53:00-07:00

Citation: 489 So. 2d 143

Snippet: support of this ruling, the state cites Sections 406.11(1) and 406.13, Florida Statutes (1983), which define

Continental Assurance Co. v. Carroll

Court: Fla. | Date Filed: 1986-02-13T00:00:00-08:00

Citation: 485 So. 2d 406, 11 Fla. L. Weekly 62, 1986 Fla. LEXIS 1645

Snippet: McDonald, Overton, Shaw 13 February 1986 485 So. 2d 406, 11 Fla. L. Weekly 62, 1986 Fla. LEXIS 1645 Clifford