Florida SB 1124: Pharmacist Selection and Reimbursement

Bill Text

1124 
Public Records/Autopsy Reports of Certain Sudden and Unexpected deaths 
2026-01-05T11:43:37Z 
Creating an exemption from public records requirements for autopsy reports of certain sudden and unexpected deaths; specifying circumstances under which such autopsy reports and certain information contained therein may be disclosed; providing for future legislative review and repeal of the exemption; providing a statement of public necessity, etc. 
Original Filed Version 
2026 
S 
GB 
General Bill 
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 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 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 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 could 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.