Public Records/Autopsy Reports of Certain Sudden and Unexpected deaths

Florida Senate
-
2026

SB 1124

By
Senator Garcia

36-01273-26 20261124__
1 A bill to be entitled
2 An act relating to public records; amending s. 406.11,
3 F.S.; creating an exemption from public records
4 requirements for autopsy reports of certain sudden and
5 unexpected deaths; specifying circumstances under
6 which such autopsy reports and certain information
7 contained therein may be disclosed; providing for
8 future legislative review and repeal of the exemption;
9 providing a statement of public necessity; providing a
10 contingent effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Paragraph (f) is added to subsection (3) of
15 section 406.11, Florida Statutes, as created by SB 188, 2026
16 Regular Session, to read:
17 406.11 Examinations, investigations, and autopsies.—
18 (3)
19
(f)

An autopsy report of an autopsy p
erformed
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 f
rom s. 119.07(1) and s.

24
24(a), Art. I of the State Constitution,
except that:

25
1.

The surviving parents and adult siblings of the deceased

26
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Act in accordance with s. 119.15 and shall stand repealed on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
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
c
ould subject the

64
immediate family of the deceased to continuous injury.

65 Section 3. This act shall take effect on the same date that
66 SB 188 or similar legislation takes effect, if such legislation
67 is adopted in the same legislative session or an extension
68 thereof and becomes a law.