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HB0821 • 2026

Pub. Rec./Autopsy Reports of Sudden and Expected Deaths

Pub. Rec./Autopsy Reports of Sudden and Expected Deaths

Healthcare Privacy
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Persons-Mulicka
Last action
2026-03-13
Official status
House - Died in Health Professions & Programs Subcommittee
Effective date
effect on

Plain English Breakdown

Checked against official source text during the last sync.

Autopsy Reports for Sudden Deaths

This bill creates an exemption from public records requirements for autopsy reports of sudden and unexpected deaths, allowing certain individuals to view them under specific conditions.

What This Bill Does

  • Exempts autopsy reports of sudden and unexpected deaths from being public records.
  • Allows surviving parents and adult siblings to view and copy the autopsy report.
  • Permits the Department of Health to access the report for research purposes while keeping it confidential.
  • Enables submission of information in the report to public health authorities under certain conditions.
  • Allows release of deidentified data from the reports to national research institutions.

Who It Names or Affects

  • Medical examiners who perform autopsies on sudden and unexpected deaths.
  • Surviving parents and adult siblings of deceased individuals.
  • The Department of Health for epidemiological research.
  • National research institutions conducting studies.

Terms To Know

Sudden Arrhythmic Death Syndrome (SADS)
A condition that causes sudden death due to heart rhythm problems.
Deidentified information
Information from which personal details have been removed to protect privacy.

Limits and Unknowns

  • The bill will be reviewed and could be repealed in 2031 unless the Legislature reenacts it.
  • It is unclear how this legislation will interact with similar laws like HB 819.

Bill History

  1. 2026-03-13 House

    • Died in Health Professions & Programs Subcommittee

  2. 2026-01-13 House

    • 1st Reading (Original Filed Version)

  3. 2026-01-05 House

    • Referred to Health Professions & Programs Subcommittee • Referred to Government Operations Subcommittee • Referred to Health & Human Services Committee • Now in Health Professions & Programs Subcommittee

  4. 2025-12-18 House

    • Filed

Official Summary Text

Pub. Rec./Autopsy Reports of Sudden and Expected Deaths; Creates exemption from public records requirements for autopsy reports of certain sudden & unexpected deaths; specifies circumstances under which such autopsy reports & certain information contained therein may be disclosed; provides for future legislative review & repeal of exemption; provides statement of public necessity.

Current Bill Text

Read the full stored bill text 
HB 821 2026

CODING: Words stricken are deletions; words underlined are additions.
hb821-00
Page 1 of 3
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1
An act relating to public records; amending s. 406.11, 2
F.S.; creating an exemption from public records 3
requirements for autopsy reports of certain sudden and 4
unexpected deaths; specifying circumstances under 5
which such autopsy reports and certain information 6
contained therein may be disclosed; providing for 7
future legislative review and repeal of the exemption; 8
providing a statement of public necessity; providing a 9
contingent effective date. 10
11
Be It Enacted by the Legislature of the State of Florida: 12
13
Section 1. Paragraph (f) of subsection (3) of section 14
406.11, Florida Statutes, as created by HB 819, 2026 Regular 15
Session, is redesignated as paragraph (g), and a new paragraph 16
(f) is added to that subsection, to read: 17
406.11 Examinations, investigations, and autopsies.— 18
(3) 19
(f) An autopsy report of an autopsy performed pursuant to 20
paragraph (b) or paragraph (c) of an infant or a child who dies 21
suddenly and unexpectedly or of an individual of any age whose 22
death is suspected to be caused by SADS held by a medical 23
examiner is confidential and exempt from s. 119.07(1) and s. 24
24(a), Art. I of the State Constitution, except that: 25

HB 821 2026

CODING: Words stricken are deletions; words underlined are additions.
hb821-00
Page 2 of 3
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

1. The surviving parents and adult siblings of the 26
deceased may view and copy the autopsy report. 27
2. The autopsy report may be released to the Department of 28
Health upon request as needed in connection with the performance 29
of its epidemiological research and tracking duties. The 30
Department of Health shall maintain the confidential and exempt 31
status of any such autopsy report it receives. 32
3. Information contained in an autopsy report, including 33
personal health information, may be submitted to a public health 34
authority in accordance with 45 C.F.R. ss. 164.500–164.535. 35
4. Deidentified information and aggregate data extracted 36
from autopsy reports prepared pursuant to this subsection may be 37
released to national research institutions for purposes of 38
epidemiological research and tracking. 39
40
This paragraph is subject to the Open Government Sunset Review 41
Act in accordance with s. 119.15 and shall stand repealed on 42
October 2, 2031, unless reviewed and saved from repeal through 43
reenactment by the Legislature. 44
Section 2. The Legislature finds that it is a public 45
necessity that autopsy reports of an infant or a child who dies 46
suddenly and unexpectedly or of an individual of any age whose 47
death is suspected to be caused by Sudden Arrhythmic Death 48
Syndrome which are held by a medical examiner or the Department 49
of Health be made confidential and exempt from s. 119.07(1), 50

HB 821 2026

CODING: Words stricken are deletions; words underlined are additions.
hb821-00
Page 3 of 3
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

Florida Statutes, and s. 24(a), Article I of the State 51
Constitution. Section 406.11(3), Florida Statutes, requires that 52
autopsies in such sudden and unexpected deaths include 53
microscopic and toxicology studies and a review of the 54
deceased's immunization and medical records to prepare the 55
autopsy report. The Legislature finds that autopsy reports in 56
such cases will include findings of a sensitive nature, the 57
release of which could result in emotional injury to the 58
immediate family of the deceased and detract from the memory of 59
the deceased. The Legislature recognizes that the existence of 60
the Internet and the proliferation of personal computers and 61
cellular telephones throughout the world encourages and promotes 62
the wide dissemination of such reports and that widespread 63
unauthorized dissemination of such reports could subject the 64
immediate family of the deceased to continuous injury. 65
Section 3. This act shall take effect on the same date 66
that HB 819 or similar legislation takes effect, if such 67
legislation is adopted in the same legislative session or an 68
extension thereof and becomes a law. 69