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Florida Statute 406.11 | Lawyer Caselaw & Research
F.S. 406.11 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 406.11

The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH
Chapter 406
MEDICAL EXAMINERS; DISPOSITION OF HUMAN REMAINS
View Entire Chapter
F.S. 406.11
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.

F.S. 406.11 on Google Scholar

F.S. 406.11 on Casetext

Amendments to 406.11


Arrestable Offenses / Crimes under Fla. Stat. 406.11
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 406.11.



Annotations, Discussions, Cases:

Cases from cite.case.law:

ROSARIO, v. STATE, 175 So. 3d 843 (Fla. Dist. Ct. App. 2015)

. . . . § 406.11(1). . . . Further, any person who becomes aware of a person dying under circumstances described in section § 406.11 . . .

UNIVERSITY OF FLORIDA BOARD OF TRUSTEES, v. STONE, A. STONE,, 92 So. 3d 264 (Fla. Dist. Ct. App. 2012)

. . . See § 406.11, Fla. Stat. (2004). . . .

UNITED STATES v. L. IGNASIAK, Jr., 667 F.3d 1217 (8th Cir. 2012)

. . . . § 406.11(1). . . . Further, any person who becomes aware of a person dying under circumstances described in section § 406.11 . . .

In STANDARD JURY INSTRUCTIONS IN CIVIL CASES- REPORT NO. In No. In No. In No. In No. s In No. In No. In No. In No., 35 So. 3d 666 (Fla. 2010)

. . . Proceeding 406.7 Legal Cause 406.8 Issues on Claim 406.9 Burden of Proof on Claim 406.10 Defense Issues 406.11 . . .

CROCKER, v. PLEASANT,, 778 So. 2d 978 (Fla. 2001)

. . . See § 406.11, Fla. Stat. (2000). . . . .

WILLIAMS, v. CITY OF MINNEOLA,, 575 So. 2d 683 (Fla. Dist. Ct. App. 1991)

. . . See § 406.11, Fla.Stat. . . .

NEW YORK LIFE INSURANCE CO. v. COLL,, 568 So. 2d 1306 (Fla. Dist. Ct. App. 1990)

. . . The autopsy, which was mandated by section 406.11, Florida Statutes (1989), was performed for a medical . . .

In PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE,, 93 B.R. 823 (Bankr. D.N.H. 1988)

. . . 12,501.48 197,959.51 57,833.66 Bruder & Gentile 2/1-6/30 1,389.09 1,174.03 880.52 234.59 215.06 171.52 406.11 . . .

SPINK, v. C. F. McCONNELL, M. D., 529 So. 2d 813 (Fla. Dist. Ct. App. 1988)

. . . the cause of death when “established within reasonable medical certainty” are delineated in sections 406.11 . . .

STATE v. POWELL,, 497 So. 2d 1188 (Fla. 1986)

. . . established a policy and mechanism for performing autopsies on all drowning victims contrary to section 406.11 . . . In the order under appeal, the trial judge found that section 406.11 was constitutional on its face and . . . In the present posture of the case, we are not presented with the issues of whether sections 406.11 and . . . He alone made the decision to perform the autopsy, relying on policy, section 406.11, and the request . . . Section 406.11(1) authorizes the medical examiner to perform such autopsies as he deems necessary to . . . is under the jurisdiction of the medical examiner and an autopsy is required in accordance with s. 406.11 . . . The appellees also challenged as unconstitutional § 406.11, Fla.Stat. (1983), which provides medical . . .

FRIDOVICH, v. STATE, 489 So. 2d 143 (Fla. Dist. Ct. App. 1986)

. . . In support of this ruling, the state cites Sections 406.11(1) and 406.13, Florida Statutes (1983), which . . .

POWELL v. MUNROE REGIONAL MEDICAL CENTER, WHITE, v. GAUGER,, 13 Fla. Supp. 2d 89 (Fla. Cir. Ct. 1985)

. . . Facial constitutionality of Section 406.11, Florida Statutes, hereinafter referred to as the “Medical . . . Constitutionality of Section 406.11, Florida Statutes, as applied in this case. d. . . . That Section 406.11, Florida Statutes — “The Medical Examiner’s Act”, is constitutional on its face and . . . Summary Judgment of the Defendants and Intervenors on the facial constitutionality of Florida Statutes 406.11 . . .

MARTINEZ, v. L. WAINWRIGHT,, 621 F.2d 184 (5th Cir. 1980)

. . . . § 406.11(1) (1980), provides as follows: In any of the following circumstances involving the death . . .

JOHNSTON, v. GENERAL MOTORS CORPORATION,, 45 Fla. Supp. 140 (Fla. Cir. Ct. 1977)

. . . See also Florida Statutes 406.11, 406.14 and Rule 10D-67.02 of the State of Florida, Department of Health . . .