Florida Statutes
Fla. Stat. § 406.12 (2025)
Duty to report; prohibited acts.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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406.12 Duty to report; prohibited acts.—
(1) It is the duty of any person in the district where a death occurs, including all municipalities and unincorporated and federal areas, who becomes aware of the death of any person occurring under the circumstances described in s. 406.11 to report such death and circumstances forthwith to the district medical examiner or to a law enforcement agency having jurisdiction over the location.
(2) Any person who knowingly fails or refuses to report such death and circumstances as required under subsection (1) or who refuses to make available prior medical or other information pertinent to the death investigation commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(3) Any person who, with the intent to conceal such death or to alter the evidence or circumstances surrounding such death:
(a) Violates subsection (2); or
(b) Without an order from the office of the district medical examiner, willfully touches, removes, or disturbs the body, clothing, or any article upon or near the body,
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Arrestable Offenses under F.S. 406.12
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§406.12FRAUDRENUMBERED. SEE REC # 10395
§406.12(2)CRIMES AGAINST PERSONFAIL TO REPORT DEATH TO MED
EXAMINER OR LEO
§406.12(2)OBSTRUCTREFUSE TO PROV RELEVANT INFO FOR DEATH INVEST
§406.12(2)CRIMES AGAINST PERSONREFUSE PROV INFO FOR INVEST TO CONCEAL DEATH
§406.12(3b)OBSTRUCTDISTURB DEAD BODY OR CLOTHING/ARTICLES NEARBY
Notes of Decisions
Cited in 2
cases, 2015–2020 · leading case: Rosario v. State, 175 So. 3d 843 (Fla. 5th DCA 2015).
Rosario v. State, 175 So. 3d 843 (Fla. 5th DCA 2015). “at § 406.12. Failure to do so is a first degree misdemeanor.”
Gardi v. United Healthcare Servs., Inc. (S.D. Fla. 2020). “The general rule is that Medicare is secondary to the LGHP: (a) Medicare benefits are secondary to benefits payable by an LGHP for services furnished during any month in which the individual— (1) Is entitled to Medicare Part A benefits under § 406.12 of this chapter; (2) Is…”
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