THE BILL ITSELF
HB 821
Pub. Rec./Autopsy Reports of Sudden and Expected Deaths
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A bill to be entitled
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An act relating to public records; amending s. 406.11,
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F.S.; creating an exemption from public records
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requirements for autopsy reports of certain sudden and
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unexpected deaths; specifying circumstances under
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which such autopsy reports and certain information
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contained therein may be disclosed; providing for
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future legislative review and repeal of the exemption;
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providing a statement of public necessity; providing a
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contingent effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (f) of subsection (3) of section 406.11, Florida Statutes, as created by HB 819, 2026 Regular
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Session, is redesignated as paragraph (g), and a new paragraph
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(f) is added to that subsection, to read:
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406.11 Examinations, investigations, and autopsies.—
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(3)
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(f) An autopsy report of an autopsy performed pursuant to
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paragraph (b) or paragraph (c) of an infant or a child who dies
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suddenly and unexpectedly or of an individual of any age whose
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death is suspected to be caused by SADS held by a medical
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examiner is confidential and exempt from s. 119.07(1) and s.
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24(a), Art. I of the State Constitution, except that:
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1. The surviving parents and adult siblings of the
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deceased may view and copy the autopsy report.
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2. The autopsy report may be released to the Department of
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Health upon request as needed in connection with the performance
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of its epidemiological research and tracking duties. The
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Department of Health shall maintain the confidential and exempt
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status of any such autopsy report it receives.
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3. Information contained in an autopsy report, including
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personal health information, may be submitted to a public health
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authority in accordance with 45 C.F.R. ss. 164.500–164.535.
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4. Deidentified information and aggregate data extracted
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from autopsy reports prepared pursuant to this subsection may be
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released to national research institutions for purposes of
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epidemiological research and tracking.
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This paragraph is subject to the Open Government Sunset Review
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Act in accordance with s. 119.15 and shall stand repealed on
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October 2, 2031, unless reviewed and saved from repeal through
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reenactment by the Legislature.
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Section 2. The Legislature finds that it is a public
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necessity that autopsy reports of an infant or a child who dies
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suddenly and unexpectedly or of an individual of any age whose
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death is suspected to be caused by Sudden Arrhythmic Death
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Syndrome which are held by a medical examiner or the Department
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of Health be made confidential and exempt from s. 119.07(1),
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Florida Statutes, and s. 24(a), Article I of the State
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Constitution. Section 406.11(3), Florida Statutes, requires that
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autopsies in such sudden and unexpected deaths include
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microscopic and toxicology studies and a review of the
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deceased's immunization and medical records to prepare the
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autopsy report. The Legislature finds that autopsy reports in
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such cases will include findings of a sensitive nature, the
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release of which could result in emotional injury to the
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immediate family of the deceased and detract from the memory of
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the deceased. The Legislature recognizes that the existence of
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the Internet and the proliferation of personal computers and
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cellular telephones throughout the world encourages and promotes
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the wide dissemination of such reports and that widespread
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unauthorized dissemination of such reports could subject the
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immediate family of the deceased to continuous injury.
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Section 3. This act shall take effect on the same date
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that HB 819 or similar legislation takes effect, if such
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legislation is adopted in the same legislative session or an
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extension thereof and becomes a law.