Florida Statute 406.135 | 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. 406.135

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.

(c) “Minor” means a person younger than 18 years of age who has not had the disability of nonage removed pursuant to s. 743.01 or s. 743.015.

(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.

(b) Any person who willfully and knowingly violates a court order issued pursuant to 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.

F.S. 406.135 on Google Scholar

F.S. 406.135 on Casetext

Amendments to 406.135

Arrestable Offenses / Crimes under Fla. Stat. 406.135

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

S406.135 3a - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC# 6088 - F: T

S406.135 3b - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC# 6089 - F: T

S406.135 6a - INVADE PRIVACY - CUSTODIAN REVEAL AUTOPSY PHOTO VIDEO AUDIO - F: T

S406.135 6b - INVADE PRIVACY - VIOL COURT ORDER RE AUTOPSY PHOTO VIDEO AUDIO - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 406.135

Total Results: 9

STATE ATTORNEY'S OFFICE OF THE 17TH JUDICIAL CIRCUIT v. CABLE NEWS NETWORK, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-07-25T00:53:00-07:00

Snippet: statutes that define or analyze “good cause.” See § 406.135, Florida Statutes (2018) (concerning photographs

State Attorney's Office of the Seventeenth Judicial Circuit v. Cable News Network, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-07-25T00:00:00-07:00

Citation: 251 So. 3d 205

Snippet: define or analyze "good *214cause." See § 406.135, Florida Statutes (2018) (concerning photographs

Perreault v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-11-09T00:00:00-08:00

Citation: 203 So. 3d 999, 2016 Fla. App. LEXIS 16628

Snippet: that section 406.135(7) exempts criminal proceedings from the requirements of section 406.135. Mr. Per-reault… 1 The trial court reasoned that section 406.135, Florida Statutes (2014), allowed disclosure of…to the mother of the deceased. Because section 406.135 is inapplicable to criminal proceedings, however…produce the photos on the basis that under section 406.135, they were not public record and could not be produced… 2 Mr. Perreault also argued that section 406.135(7) exempts criminal proceedings from its limitations

Sarasota Herald-Tribune v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2005-11-23T00:00:00-08:00

Citation: 924 So. 2d 17, 2005 Fla. App. LEXIS 18569, 2005 WL 3117377

Snippet: conflict, especially after the enactment of section 406.135, Florida Statutes (2001), is a matter of great

Sarasota Herald-Tribune v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2005-11-22T00:00:00-08:00

Citation: 924 So. 2d 8

Snippet: any statute. III. SECTION 406.135, FLORIDA STATUTES (2005) Section 406.135 was enacted in response to…court was persuaded that the enactment of section 406.135, Florida Statutes (2005), and certain provisions…confidential, relying on the content of section 406.135 and chapter 119, Florida Statutes (2005). Without…court as circuit court records. Moreover, section 406.135(3)(c) states that a criminal . . . proceeding is…some other applicable exemption. Although section 406.135 may not "prohibit" a court in a criminal

Ago

Court: Fla. Att'y Gen. | Date Filed: 2003-12-14T23:53:00-08:00

Snippet: proceedings are treated distinctly in section 406.135(1), Florida Statutes: "A photograph or video…persons or agencies who are authorized by section 406.135(1), Florida Statutes, to receive copies of these

Ago

Court: Fla. Att'y Gen. | Date Filed: 2003-06-06T00:53:00-07:00

Snippet: questions, they will be discussed together. Section 406.135(1), Florida Statutes, states: "A photograph…been obtained as provided in the statute. Section 406.135(2)(a), establishes a procedure whereby a court …access based upon the exemption created by section 406.135, Florida Statutes, and the company's failure…hearing on the matter, as prescribed in section 406.135, Florida Statutes. In allowing the release of autopsy…confidentiality of the deceased's name. 2 Section 406.135(2)(b), Fla. Stat. 3 821 So.2d 388 (Fla. 5th DCA

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: expressly stating that section 406.135 was to be applied retroactively. § 406.135(4), Fla. Stat. (2001) ("…cause under section 406.135. Good Cause Campus argues that even if section 406.135 is constitutional, …public importance: 1. IS SECTION 406.135 CONSTITUTIONAL? 2. IF SECTION 406.135 IS CONSTITUTIONAL, SHOULD IT…judgment finding Chapter 2001-1, codified at section 406.135, Florida Statutes (2001), constitutional and retroactively… 2001, the Florida Legislature enacted section 406.135, which was signed by Governor Bush and became effective

Blake v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2002-04-16T00:53:00-07:00

Citation: 814 So. 2d 1163

Snippet: alleged deprivation of procedural due process); § 406.135, Fla. Stat. (2001)(restricting access to autopsy