406.01 – Short title.
406.01 Short title.—This chapter shall be known as the “Medical Examiners Act.” History.—s. 1, ch. 70-232.
406.02 – Medical Examiners Commission; membership; terms; duties; staff.
406.02 Medical Examiners Commission; membership; terms; duties; staff.— (1) There is created the Medical Examiners Commission within the Department of Law Enforcement. The commission shall consist of nine persons appointed or selected as follows: (a) The Governor shall appoint: 1. Two members who are physicians licensed pursuant to chapter 458 or chapter 459 and who are active district medical […]
406.03 – Organization and meetings of commission.
406.03 Organization and meetings of commission.—The commission shall annually select a chair from among its own membership and shall meet at least four times each year and on the call of the chair. History.—s. 3, ch. 70-232; s. 4, ch. 78-323; ss. 6, 7, ch. 81-89; ss. 1, 4, ch. 82-46; s. 2, ch. 83-265; ss. […]
406.04 – Rules.
406.04 Rules.—The commission shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter. The commission shall ensure minimum and uniform standards of excellence, performance of duties, and maintenance of records so as to provide useful and adequate information to the state in regard to causative factors of those deaths investigated. […]
406.05 – Medical examiner districts.
406.05 Medical examiner districts.—The Medical Examiners Commission shall establish medical examiner districts within the state, taking into consideration population, judicial circuits of the state, geographical size of the area of coverage, availability of trained personnel, death rate by both natural and unnatural causes, and similar related factors. No county may be divided in the creation of […]
406.06 – District medical examiners; associates; suspension of medical examiners.
406.06 District medical examiners; associates; suspension of medical examiners.— (1)(a) A district medical examiner shall be appointed by the Governor for each medical examiner district from nominees who are practicing physicians in pathology, whose nominations are submitted to the Governor by the Medical Examiners Commission. The term of office of each district medical examiner shall be 3 […]
406.075 – Grounds for discipline; disciplinary proceedings.
406.075 Grounds for discipline; disciplinary proceedings.— (1) A medical examiner may be reprimanded, placed on a period of probation, removed, or suspended by the Medical Examiners Commission for any of the following: (a) Failure to comply with the provisions of this chapter or with the rules of the commission. (b) Misuse or misappropriation of public funds or property. (c) Being […]
406.08 – Payment of fees, salaries, and expenses; transportation costs; facilities.
406.08 Payment of fees, salaries, and expenses; transportation costs; facilities.— (1) Fees, salaries, and expenses may be paid from the general funds or any other funds under the control of the board of county commissioners. The district medical examiner shall submit an annual budget to the board of county commissioners. (2) In the event that an examination or […]
406.09 – Expert witness fees.
406.09 Expert witness fees.—District medical examiners or associate medical examiners shall be entitled to expert witness fees as provided by law. History.—s. 5, ch. 70-232; s. 4, ch. 81-89.
406.11 – Examinations, investigations, and autopsies.
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 […]
406.12 – Duty to report; prohibited acts.
406.12 Duty to report; prohibited acts.—It is the duty of any person in the district where a death occurs, including all municipalities and unincorporated and federal areas, who becomes aware of the death of any person occurring under the circumstances described in s. 406.11 to report such death and circumstances forthwith to the district medical examiner. […]
406.13 – Examiner’s report; maintenance of records.
406.13 Examiner’s report; maintenance of records.—Upon receipt of such notification pursuant to s. 406.12, the district medical examiner or her or his associate shall examine or otherwise take charge of the dead body and shall notify the appropriate law enforcement agency pursuant to s. 406.145. When the cause of death has been established within reasonable medical […]
406.135 – Autopsies; confidentiality of photographs and video and audio recordings; exemption.
406.135 Autopsies; confidentiality of photographs and video and audio recordings; exemption.— (1) For the purpose of this section, the term “medical examiner” means any district medical examiner, associate medical examiner, or substitute medical examiner acting pursuant to this chapter, as well as any employee, deputy, or agent of a medical examiner or any other person who may […]
406.14 – Duty of law enforcement officers.
406.14 Duty of law enforcement officers.—Any evidence material to the determination of the cause of death in possession of the law enforcement officers assigned to the investigation of the death shall be made available to the medical examiner. It is the duty of the law enforcement officer assigned to and investigating the death to immediately establish […]
406.145 – Unidentified persons; reporting requirements.
406.145 Unidentified persons; reporting requirements.—When an unidentified body is transported to a district medical examiner pursuant to this chapter, the medical examiner shall immediately report receipt of such body to the appropriate law enforcement agency, provided such law enforcement agency was not responsible for transportation of the body to the medical examiner. If the medical examiner […]
406.15 – Designation of substitute in absence of official examiner.
406.15 Designation of substitute in absence of official examiner.—In the absence of the district medical examiner or associate medical examiner, the state attorney of the county may appoint a competent physician to act in their stead. History.—s. 9, ch. 70-232; s. 26, ch. 73-334.
406.16 – Professional liability insurance.
406.16 Professional liability insurance.—The district medical examiners and associate medical examiners shall obtain professional liability insurance in an amount to be determined by the board of county commissioners of the county or counties served. The fees for such insurance shall be paid from funds appropriated by the board of county commissioners of such county or counties. […]
406.17 – Application and construction.
406.17 Application and construction.—This chapter supersedes all parts of statutes, general law, and special acts, with which it may be in conflict. Nothing in this chapter shall be construed to repeal or amend s. 925.09 or to affect the right of prosecutors to investigate and determine causes of death which, in their opinion, may have been […]