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Chapter 406 — Medical Examiners & Unclaimed Remains

Florida Statute 406.12

“Duty to report; prohibited acts”

What it means

Florida Statute 406.12 makes reporting certain deaths a duty of any person. Anyone in the district where a death occurs, including municipalities and unincorporated and federal areas, who becomes aware of a death under the circumstances described in § 406.11 must report the death and circumstances forthwith to the district medical examiner or to a law enforcement agency having jurisdiction over the location.

Knowingly failing or refusing to report, or refusing to make available prior medical or other information pertinent to the death investigation, is a misdemeanor of the first degree. The same failure committed with intent to conceal the death or to alter the evidence or circumstances is a felony of the third degree. So is willfully touching, removing, or disturbing the body, clothing, or any article upon or near the body, with that intent and without an order from the office of the district medical examiner.

— What it says
  • The duty falls on any person in the district who becomes aware of a death described in § 406.11 (§ 406.12(1)).
  • The report must be made forthwith to the district medical examiner or a law enforcement agency having jurisdiction over the location (§ 406.12(1)).
  • Knowingly failing or refusing to report is a misdemeanor of the first degree (§ 406.12(2)).
  • Refusing to make prior medical or other pertinent information available to the death investigation carries the same classification (§ 406.12(2)).
  • With intent to conceal the death or alter evidence, a violation of subsection (2) is a felony of the third degree (§ 406.12(3)(a)).
  • With the same intent, willfully touching, removing, or disturbing the body or nearby articles without an order from the examiner's office is also a felony of the third degree (§ 406.12(3)(b)).

Text of the statute (2026)

§ 406.12
(1) 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 or to a law enforcement agency having jurisdiction over the location. (2) Any person who knowingly fails or refuses to report such death and circumstances as required under subsection (1) or who refuses to make available prior medical or other information pertinent to the death investigation commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (3) Any person who, with the intent to conceal such death or to alter the evidence or circumstances surrounding such death: (a) Violates subsection (2); or (b) Without an order from the office of the district medical examiner, willfully touches, removes, or disturbs the body, clothing, or any article upon or near the body, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Excerpts are the subsections the summary relies on. Read the full official text of § 406.12.

History. s. 7, ch. 70-232; s. 353, ch. 71-136; s. 1, ch. 2024-135.

— In a Florida probate

How it applies

The reporting duty attaches to the circumstances listed in § 406.11, not to every death. The statute states the duty for any person who becomes aware of such a death and does not limit it to professionals.

Disturbing the body, clothing, or nearby articles is a felony under subsection (3)(b) only when done willfully, with intent to conceal the death or alter evidence, and without an order from the district medical examiner's office.

Where this shows up

Pages on this site where § 406.12 does real work:

Questions people ask

Who has to report a death to the medical examiner in Florida?
Any person in the district who becomes aware of a death under the circumstances in § 406.11 must report it forthwith to the district medical examiner or a law enforcement agency having jurisdiction over the location (§ 406.12(1)). Knowingly failing or refusing to report is a misdemeanor of the first degree (§ 406.12(2)).

Sources

Last checked: October 17, 2026

The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 406.12

Published by the Probate.Help editorial team.How these pages are written and checked.

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