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Florida Statute 872.04 - Full Text and Legal Analysis
Florida Statute 872.04 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 872.04 Case Law from Google Scholar Google Search for Amendments to 872.04

The 2025 Florida Statutes

Title XLVI
CRIMES
Chapter 872
OFFENSES CONCERNING DEAD BODIES AND GRAVES
View Entire Chapter
F.S. 872.04
872.04 Autopsies; consent required, exception.
(1) “Autopsy” means a postmortem dissection of a dead human body in order to determine the cause, seat, or nature of disease or injury and includes the retention of tissues customarily removed during the course of autopsy for evidentiary, identification, diagnostic, scientific, or therapeutic purposes.
(2) Unless otherwise authorized by statute, no autopsy shall be performed without the written consent by the health care surrogate, as provided in s. 765.202, if one has been designated. If a health care surrogate has not been designated, then written consent may be provided by the spouse, nearest relative, or, if no such next of kin can be found, the person who has assumed custody of the body for purposes of burial. When two or more persons assume custody of the body for such purposes, then the consent of any one of them shall be sufficient to authorize the autopsy.
(3) Any such written consent may be given by telegram, and any telegram purporting to have been sent by a person authorized to give such consent will be presumed to have been sent by such person. A duly witnessed telephone permission is acceptable in lieu of written permission in those circumstances where obtaining written permission would result in undue delay.
(4) If after diligent search and inquiry it is established by the chief law enforcement officer having jurisdiction, through his or her examination of missing persons records and other inquiry, that no person can be found who can authorize an autopsy as herein provided, then after a reasonable time, any person licensed to practice medicine under chapter 458 or osteopathic medicine under chapter 459, and whose practice involves the usual performance of autopsies, may conduct an autopsy, without written consent, on the remains for purposes of confirming medical diagnosis and suspected communicable diseases; and no cause of action will be brought against such physician for performance of such autopsy. A reasonable time for purposes of this provision shall be not less than 48 hours or more than 72 hours after death.
History.ss. 1-3, ch. 67-87; s. 1, ch. 70-367; s. 1, ch. 78-34; s. 182, ch. 79-164; s. 1, ch. 93-15; s. 1409, ch. 97-102.

F.S. 872.04 on Google Scholar

F.S. 872.04 on CourtListener

Amendments to 872.04


Annotations, Discussions, Cases:

Cases Citing Statute 872.04

Total Results: 4

State v. Powell

497 So. 2d 1188, 11 Fla. L. Weekly 557

Supreme Court of Florida | Filed: Oct 30, 1986 | Docket: 56213

Cited 18 times | Published

that the autopsy was performed contrary to section 872.04, Florida Statutes (1981); that appellant Gauger

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

District Court of Appeal of Florida | Filed: Sep 25, 2024 | Docket: 69193521

Published

and the spouse objected to an autopsy. Section 872.04(2), Florida Statutes (2023), provides:

Winter Haven Hospital, Inc. v. Liles

148 So. 3d 507, 2014 Fla. App. LEXIS 15616, 2014 WL 5002115

District Court of Appeal of Florida | Filed: Oct 8, 2014 | Docket: 1433141

Published

form in this case meets the requirement of section 872.04, Florida Statutes (2004), which simply requires

Ago

Florida Attorney General Reports | Filed: Jul 11, 2001 | Docket: 3258854

Published

Robert A. Butterworth Attorney General RAB/tpg 1 Section 872.04, Fla. Stat., defines "[a]utopsy" as: "a postmortem