Florida Statutes
Fla. Stat. § 406.135 (2025)
Autopsies; confidentiality of photographs and video and audio recordings; confidentiality of reports of minor victims of domestic violence; exemption.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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406.135 Autopsies; confidentiality of photographs and video and audio recordings; confidentiality of reports of minor victims of domestic violence; exemption.—
(1) As used in this section, the term:
(a) “Domestic violence” has the same meaning as in s. 741.28.
(b) “Medical examiner” means any district medical examiner, associate medical examiner, or substitute medical examiner acting pursuant to this chapter, as well as any employee, deputy, or agent of a medical examiner or any other person who may obtain possession of a report, photograph, or audio or video recording of an autopsy in the course of assisting a medical examiner in the performance of his or her official duties.
(2)(a) A photograph or video or audio recording of an autopsy held by a medical examiner is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, except that a surviving spouse may view and copy a photograph or video recording or listen to or copy an audio recording of the deceased spouse’s autopsy. If there is no surviving spouse, then the surviving parents shall have access to such records. If there is no surviving spouse or parent, then an adult child shall have access to such records.
(b) An autopsy report of a minor whose death was related to an act of domestic violence held by a medical examiner is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, except that a surviving parent of the deceased minor may view and copy the autopsy report if the surviving parent did not commit the act of domestic violence which led to the minor’s death.
(c) An autopsy report of a person whose manner of death was suicide held by a medical examiner is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, except that a surviving spouse of the deceased may view and copy the autopsy report. If there is no surviving spouse, the surviving parents must have access to such records. If there is no surviving spouse or parent, the adult children and siblings must have access to such records.
(3)(a) The deceased’s surviving relative, with whom authority rests to obtain such records, may designate in writing an agent to obtain such records.
(b) Notwithstanding subsection (2), a local governmental entity, or a state or federal agency, in furtherance of its official duties, pursuant to a written request, may:
1. View or copy a photograph or video recording or may listen to or copy an audio recording of an autopsy;
2. View or copy an autopsy report of a minor whose death was related to an act of domestic violence; and
3. View or copy an autopsy report of a person whose manner of death was determined by a medical examiner to have been by suicide.
Unless otherwise required in the performance of official duties, the identity of the deceased shall remain confidential and exempt.
(c) The custodian of the record, or his or her designee, may not permit any other person, except an agent designated in writing by the deceased’s surviving relative with whom authority rests to obtain such records, to view or copy an autopsy report of a person whose manner of death was determined by a medical examiner to have been by suicide, an autopsy report of a minor whose death was related to an act of domestic violence, or a photograph or video recording of an autopsy or listen to or copy an audio recording of an autopsy without a court order.
(4)(a) The court, upon a showing of good cause, may issue an order authorizing any person to view or copy an autopsy report of a person whose manner of death was determined by a medical examiner to have been by suicide, an autopsy report of a minor whose death was related to an act of domestic violence, or a photograph or video recording of an autopsy or to listen to or copy an audio recording of an autopsy and may prescribe any restrictions or stipulations that the court deems appropriate.
(b) In determining good cause, the court shall consider whether such disclosure is necessary for the public evaluation of governmental performance; the seriousness of the intrusion into the family’s right to privacy and whether such disclosure is the least intrusive means available; and the availability of similar information in other public records, regardless of form.
(c) In all cases, the viewing, copying, listening to, or other handling of an autopsy report of a person whose manner of death was determined by a medical examiner to have been by suicide, an autopsy report of a minor whose death was related to an act of domestic violence, or a photograph or video or audio recording of an autopsy must be under the direct supervision of the custodian of the record or his or her designee.
(5)(a) A surviving spouse must be given reasonable notice of a petition filed with the court to view or copy a photograph or video recording of an autopsy or a petition to listen to or copy an audio recording, a copy of such petition, and reasonable notice of the opportunity to be present and heard at any hearing on the matter. If there is no surviving spouse, then such notice must be given to the parents of the deceased, and if there is no living parent, then to the adult children of the deceased.
(b) For an autopsy report of a minor whose death was related to an act of domestic violence, any surviving parent who did not commit the act of domestic violence which led to the minor’s death must be given reasonable notice of a petition filed with the court to view or copy the autopsy report, a copy of such petition, and reasonable notice of the opportunity to be present and heard at any hearing on the matter.
(c) A surviving spouse must be given reasonable notice of a petition filed with the court to view or copy an autopsy report of a person whose manner of death was by suicide, a copy of such petition, and reasonable notice of the opportunity to be present and heard at any hearing on the matter. If there is no surviving spouse, then such notice must be given to the parents of the deceased, and if there is no living parent, then to the adult children and siblings of the deceased.
(6)(a) Any custodian of an autopsy report of a person whose manner of death was determined by a medical examiner to have been by suicide, an autopsy report of a minor whose death was related to an act of domestic violence, or a photograph or video or audio recording of an autopsy who willfully and knowingly violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(7) A criminal or administrative proceeding is exempt from this section but is subject to all other provisions of chapter 119 unless otherwise exempted. This section does not prohibit a court in a criminal or administrative proceeding upon good cause shown from restricting or otherwise controlling the disclosure of an autopsy, crime scene, or similar report, photograph, or video or audio recording in the manner prescribed herein.
(8) The exemptions in this section shall be given retroactive application.
(9) This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2029, unless reviewed and saved from repeal through reenactment by the Legislature.
History.—s. 1, ch. 2001-1; s. 1, ch. 2003-184; s. 1, ch. 2006-263; s. 4, ch. 2023-44; s. 3, ch. 2024-18.
Arrestable Offenses under F.S. 406.135
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§406.135(3a)PUBLIC ORDER CRIMESRENUMBERED. SEE REC# 6088
§406.135(3b)PUBLIC ORDER CRIMESRENUMBERED. SEE REC# 6089
§406.135(6a)INVADE PRIVACYCUSTODIAN REVEAL AUTOPSY PHOTO VIDEO AUDIO
§406.135(6a)INVADE PRIVACYCUSTODIAN REVEAL AUTOPSY REPORT MINOR DV VICT
§406.135(6a)INVADE PRIVACYCUSTODIAN REVEAL AUTOPSY
REPORT SUICIDE
§406.135(6b)INVADE PRIVACYVIOL COURT ORDER RE AUTOPSY PHOTO VIDEO AUDIO
§406.135(6b)INVADE PRIVACYVIOL COURT ORDER AUTOPSY REP MINOR DV VICTIM
§406.135(6b)INVADE PRIVACYVIOL COURT ORDER REVEAL
AUTOPSY REPORT SUICIDE
Notes of Decisions
Cited in 9
cases (2 in the last 5 years), 2002–2024 · leading case: Campus Commc'ns, Inc. v. Earnhardt, 821 So. 2d 388 (Fla. 5th DCA 2002).
Campus Commc'ns, Inc. v. Earnhardt, 821 So. 2d 388 (Fla. 5th DCA 2002). “(Campus) appeals the final judgment finding Chapter 2001-1, codified at section 406.135, Florida Statutes (2001), constitutional and retroactively applicable to the request made by Campus to view and copy the autopsy photographs of R.”
Sarasota Herald-Tribune v. State, 924 So. 2d 8 (Fla. 2d DCA 2005). “Ultimately, the trial court was persuaded that the enactment of section 406.135, Florida Statutes (2005), and certain provisions in chapter 119, Florida Statutes (2005), required it to enter an order more restrictive than the order entered in the Rolling case.”
Perreault v. State, 203 So. 3d 999 (Fla. 2d DCA 2016). “1 The trial court reasoned that section 406.135, Florida Statutes (2014), allowed disclosure of those photos only upon a showing of good cause and upon notice to the mother of the deceased.”
Blake v. State, 814 So. 2d 1163 (Fla. 1st DCA 2002). “2001)(holding that Florida recognizes a claim of entitlement by the next of kin to possession of the remains of a decedent, therefore the next of kin may bring a § 1983 claim arising from alleged deprivation of procedural due process); § 406.135, Fla. Stat. (2001)(restricting…”
State Attorney's Off. of the Seventeenth Jud. Circuit v. Cable News Network, Inc., 251 So. 3d 205 (Fla. 4th DCA 2018). “" See § 406.135, Florida Statutes (2018) (concerning photographs of autopsies); Dep't of Health & Rehab.”
Baxter v. Santiago-Miranda (M.D. Fla. 2023). “The two exhibits are (1) autopsy photographs of the decedents, which Defendants argue are confidential pursuant to state statute, Fla. Stat. § 406.135 (2); and (2) body camera footage of Defendant Santiago-Miranda, which include depictions of a minor child and references to the…”
Atkins v. Bennett (M.D. Fla. 2024). “Autopsy photographs are similarly exempt from public disclosure pursuant to Florida’s public records law under Fla. Stat. § 406.135 (2). The purposes behind these exemptions also are served by sealing.”
Sarasota Herald-Tribune v. State, 924 So. 2d 17 (Fla. 2d DCA 2005). “The resolution of this conflict, especially after the enactment of section 406.135, Florida Statutes (2001), is a matter of great public importance.”
State Attorney's Off. of the 17th Jud. Circuit v. Cable News Network, Inc. (Fla. 4th DCA 2018). “” See § 406.135, Florida Statutes (2018) (concerning photographs of autopsies); Dep’t of Health & Rehab.”
— 406.135(2) — 1 case
Perreault v. State, 203 So. 3d 999 (Fla. 2d DCA 2016). “1 The trial court reasoned that section 406.135, Florida Statutes (2014), allowed disclosure of those photos only upon a showing of good cause and upon notice to the mother of the deceased.”
— 406.135(2)(a) — 1 case
Campus Commc'ns, Inc. v. Earnhardt, 821 So. 2d 388 (Fla. 5th DCA 2002). “(Campus) appeals the final judgment finding Chapter 2001-1, codified at section 406.135, Florida Statutes (2001), constitutional and retroactively applicable to the request made by Campus to view and copy the autopsy photographs of R.”
— 406.135(3)(c) — 2 cases
Sarasota Herald-Tribune v. State, 924 So. 2d 8 (Fla. 2d DCA 2005). “Ultimately, the trial court was persuaded that the enactment of section 406.135, Florida Statutes (2005), and certain provisions in chapter 119, Florida Statutes (2005), required it to enter an order more restrictive than the order entered in the Rolling case.”
Perreault v. State, 203 So. 3d 999 (Fla. 2d DCA 2016). “1 The trial court reasoned that section 406.135, Florida Statutes (2014), allowed disclosure of those photos only upon a showing of good cause and upon notice to the mother of the deceased.”
— 406.135(4) — 2 cases
Campus Commc'ns, Inc. v. Earnhardt, 821 So. 2d 388 (Fla. 5th DCA 2002). “(Campus) appeals the final judgment finding Chapter 2001-1, codified at section 406.135, Florida Statutes (2001), constitutional and retroactively applicable to the request made by Campus to view and copy the autopsy photographs of R.”
Perreault v. State, 203 So. 3d 999 (Fla. 2d DCA 2016). “1 The trial court reasoned that section 406.135, Florida Statutes (2014), allowed disclosure of those photos only upon a showing of good cause and upon notice to the mother of the deceased.”
— 406.135(4)(b) — 1 case
Perreault v. State, 203 So. 3d 999 (Fla. 2d DCA 2016). “1 The trial court reasoned that section 406.135, Florida Statutes (2014), allowed disclosure of those photos only upon a showing of good cause and upon notice to the mother of the deceased.”
— 406.135(5) — 1 case
Perreault v. State, 203 So. 3d 999 (Fla. 2d DCA 2016). “1 The trial court reasoned that section 406.135, Florida Statutes (2014), allowed disclosure of those photos only upon a showing of good cause and upon notice to the mother of the deceased.”
— 406.135(7) — 1 case
Perreault v. State, 203 So. 3d 999 (Fla. 2d DCA 2016). “1 The trial court reasoned that section 406.135, Florida Statutes (2014), allowed disclosure of those photos only upon a showing of good cause and upon notice to the mother of the deceased.”
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