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Chapter 406 — Medical Examiners & Unclaimed Remains

Florida Statute 406.135

“Autopsies; confidentiality of photographs and video and audio recordings; confidentiality of reports of minor victims of domestic violence; exemption”

Under the Open Government Sunset Review Act, this section stands repealed on October 2, 2029, unless reviewed and saved from repeal through reenactment by the Legislature (§ 406.135(9)).

What it means

Florida Statute 406.135 makes a photograph or video or audio recording of an autopsy held by a medical examiner confidential and exempt from § 119.07(1) and s. 24(a), Art. I of the State Constitution. A surviving spouse may view and copy the photograph or video or listen to or copy the audio. If there is no spouse, the surviving parents have access; if there is no spouse or parent, an adult child does.

Two kinds of autopsy report are also confidential. One is the report of a minor whose death was related to an act of domestic violence; a surviving parent who did not commit the act may view and copy it. The other is the report of a person whose manner of death was suicide; access runs to the surviving spouse, then parents, then adult children and siblings. The relative with authority may designate an agent in writing. Government agencies may access the records for official duties on written request. Anyone else needs a court order on good cause. A custodian who willfully and knowingly violates the section commits a felony of the third degree.

— What it says
  • Autopsy photographs, video, and audio recordings are confidential; access runs to the surviving spouse, then surviving parents, then an adult child (§ 406.135(2)(a)).
  • An autopsy report of a minor whose death was related to domestic violence is confidential; a surviving parent who did not commit the act may view and copy it (§ 406.135(2)(b)).
  • An autopsy report of a person whose manner of death was suicide is confidential; access runs to the spouse, then parents, then adult children and siblings (§ 406.135(2)(c)).
  • The surviving relative with authority may designate an agent in writing; local, state, and federal agencies may access the records for official duties on written request (§ 406.135(3)(a)-(b)).
  • A court may order access on a showing of good cause, weighing public evaluation of governmental performance, the intrusion into family privacy, and the availability of similar information (§ 406.135(4)(a)-(b)).
  • A custodian's willful and knowing violation, or a willful and knowing violation of a court order under the section, is a felony of the third degree (§ 406.135(6)).

Text of the statute (2026)

§ 406.135(2)
(2)(a) A photograph or video or audio recording of an autopsy held by a medical examiner is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, except that a surviving spouse may view and copy a photograph or video recording or listen to or copy an audio recording of the deceased spouse’s autopsy. If there is no surviving spouse, then the surviving parents shall have access to such records. If there is no surviving spouse or parent, then an adult child shall have access to such records. (b) An autopsy report of a minor whose death was related to an act of domestic violence held by a medical examiner is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, except that a surviving parent of the deceased minor may view and copy the autopsy report if the surviving parent did not commit the act of domestic violence which led to the minor’s death. (c) An autopsy report of a person whose manner of death was suicide held by a medical examiner is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, except that a surviving spouse of the deceased may view and copy the autopsy report. If there is no surviving spouse, the surviving parents must have access to such records. If there is no surviving spouse or parent, the adult children and siblings must have access to such records.
§ 406.135(3)(a)-(b)
(3)(a) The deceased’s surviving relative, with whom authority rests to obtain such records, may designate in writing an agent to obtain such records. (b) Notwithstanding subsection (2), a local governmental entity, or a state or federal agency, in furtherance of its official duties, pursuant to a written request, may: 1. View or copy a photograph or video recording or may listen to or copy an audio recording of an autopsy; 2. View or copy an autopsy report of a minor whose death was related to an act of domestic violence; and 3. View or copy an autopsy report of a person whose manner of death was determined by a medical examiner to have been by suicide. Unless otherwise required in the performance of official duties, the identity of the deceased shall remain confidential and exempt.
§ 406.135(4)(a)-(b)
(4)(a) The court, upon a showing of good cause, may issue an order authorizing any person to view or copy an autopsy report of a person whose manner of death was determined by a medical examiner to have been by suicide, an autopsy report of a minor whose death was related to an act of domestic violence, or a photograph or video recording of an autopsy or to listen to or copy an audio recording of an autopsy and may prescribe any restrictions or stipulations that the court deems appropriate. (b) In determining good cause, the court shall consider whether such disclosure is necessary for the public evaluation of governmental performance; the seriousness of the intrusion into the family’s right to privacy and whether such disclosure is the least intrusive means available; and the availability of similar information in other public records, regardless of form.
§ 406.135(6)
(6)(a) Any custodian of an autopsy report of a person whose manner of death was determined by a medical examiner to have been by suicide, an autopsy report of a minor whose death was related to an act of domestic violence, or a photograph or video or audio recording of an autopsy who willfully and knowingly violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Any person who willfully and knowingly violates a court order issued pursuant to this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
§ 406.135(9)
(9) This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2029, unless reviewed and saved from repeal through reenactment by the Legislature.

Excerpts are the subsections the summary relies on. Read the full official text of § 406.135.

History. s. 1, ch. 2001-1; s. 1, ch. 2003-184; s. 1, ch. 2006-263; s. 4, ch. 2023-44; s. 3, ch. 2024-18.

— In a Florida probate

How it applies

The section protects photographs, video and audio recordings, and two categories of written report. It does not by its terms make other autopsy reports confidential. For a protected record, the people with direct access are those named in subsection (2) and any agent they designate in writing (§ 406.135(3)(a), (3)(c)). Government agencies may access records for official duties on written request (§ 406.135(3)(b)). Anyone else needs a court order (§ 406.135(3)(c), (4)).

Criminal and administrative proceedings are exempt from the section under subsection (7), though a court may restrict disclosure for good cause.

Where this shows up

Pages on this site where § 406.135 does real work:

Questions people ask

Are autopsy reports public record in Florida?
Section 406.135 does not make autopsy reports confidential in general. It makes confidential the report of a minor whose death was related to domestic violence and the report of a person whose manner of death was suicide, plus autopsy photographs and video and audio recordings (§ 406.135(2)).
Who can see autopsy photos in Florida?
The surviving spouse; if none, the surviving parents; if none, an adult child (§ 406.135(2)(a)). A designated agent, and agencies acting in official duties on written request, may also have access (§ 406.135(3)). Anyone else needs a court order on good cause (§ 406.135(3)(c), (4)).

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 § 406.135

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

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