Florida HB 821: Adoptee Birth Certificates

Bill Text

HB 821 2026

CODING: Words stricken are deletions; words underlined are additions.
hb821-00
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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
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Be It Enacted by the Legislature of the State of Florida: 12
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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
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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
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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
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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