Florida Statutes
Fla. Stat. § 406.11 (2025)
Examinations, investigations, and autopsies.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
(c) When a body is to be cremated, dissected, or buried at sea.
(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.
Notes of Decisions
Cited in 15
cases (1 in the last 5 years), 1985–2024 · leading case: State v. Powell, 497 So. 2d 1188 (Fla. 1986).
State v. Powell, 497 So. 2d 1188 (Fla. 1986). “[2] The appellees also challenged as unconstitutional § 406.11, Fla. Stat. (1983), which provides medical examiners with the authority to perform autopsies under circumstances enumerated in the statute.”
Williams v. City of Minneola, 575 So. 2d 683 (Fla. 5th DCA 1991). “[3] See § 406.11, Fla. Stat. This videotape was not requested or made by either the medical examiner or the state attorney.”
Crocker v. Pleasant, 778 So. 2d 978 (Fla. 2001). “See § 406.11, Fla. Stat. (2000). [11] Section 768.”
United States v. Ignasiak, 667 F.3d 1217 (8th Cir. 2012). “” Fla. Stat. § 406.11 (1). Further, any person who becomes aware of a person dying under circumstances described in section § 406.”
FINR v. Marshall, 943 So. 2d 976 (Fla. 2d DCA 2006). “[2] Section 406.11(2)(a), Florida Statutes (2003), sets forth the authority of the medical examiner "to determine the identification of or cause or manner of death of the deceased or to obtain evidence necessary for forensic examination.”
Campus Commc'ns, Inc. v. Earnhardt, 821 So. 2d 388 (Fla. 5th DCA 2002). “[2] Section 406.11(1)(a)2., Florida Statutes (2001), provides that if a human being dies by accident in the State of Florida, the medical examiner of the district in which the death occurred or where the body is found "shall determine the cause of death and shall, for that…”
Univ. of Florida Bd. of Trs. v. Stone, 92 So. 3d 264 (Fla. 1st DCA 2012). “See § 406.11, Fla. Stat. (2004). The alleged deficiencies in the medical examiner’s opinion as to Mr.”
New York Life Ins. Co. v. Coll, 568 So. 2d 1306 (Fla. 3d DCA 1990). “The autopsy, which was mandated by section 406.11, Florida Statutes (1989), was performed for a medical purpose and therefore the inference of section 316.”
Rosario v. State, 175 So. 3d 843 (Fla. 5th DCA 2015). “” Fla. Stat. § 406.11 (1). Further, any person who becomes aware of a person dying under circumstances described in section § 406.”
Powell v. Munroe Reg'l Med. Ctr., 13 Fla. Supp. 2d 89 (Fla. Cir. Ct. 1985). “Facial constitutionality of Section 406.11, Florida Statutes, hereinafter referred to as the “Medical Examiner’s Act.”
United States v. Robert L. Ignasiak, Jr. (11th Cir. 2012). “Fla. Stat. § 406.11 )(1)(a)–(c). 31 Fla. Stat.”
United States v. Robert L. Ignasiak, Jr. (11th Cir. 2012). “” Fla. Stat. § 406.11 (1). Further, any person who becomes aware of a person dying under circumstances described in section § 406.”
— 406.11(1) — 1 case
State v. Powell, 497 So. 2d 1188 (Fla. 1986). “[2] The appellees also challenged as unconstitutional § 406.11, Fla. Stat. (1983), which provides medical examiners with the authority to perform autopsies under circumstances enumerated in the statute.”
— 406.11(1)(a) — 2 cases
Campus Commc'ns, Inc. v. Earnhardt, 821 So. 2d 388 (Fla. 5th DCA 2002). “[2] Section 406.11(1)(a)2., Florida Statutes (2001), provides that if a human being dies by accident in the State of Florida, the medical examiner of the district in which the death occurred or where the body is found "shall determine the cause of death and shall, for that…”
Bridget Ingwell v. Patricia Ibrahim & SCI Funeral Servs. of Florida, LLC (Fla. 4th DCA 2024).
— 406.11(2)(a) — 1 case
FINR v. Marshall, 943 So. 2d 976 (Fla. 2d DCA 2006). “[2] Section 406.11(2)(a), Florida Statutes (2003), sets forth the authority of the medical examiner "to determine the identification of or cause or manner of death of the deceased or to obtain evidence necessary for forensic examination.”
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