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Chapter 406 — Medical Examiners & Unclaimed Remains

Florida Statute 406.12

“Duty to report; prohibited acts”

What it means

If you become aware of a death in one of the §406.11 categories — sudden, unattended, accidental, violent, or suspicious — Florida Statute 406.12 makes reporting it your legal duty. The report goes forthwith to the district medical examiner or to a law enforcement agency with jurisdiction, and the duty applies to any person in the district where the death occurs.

Knowingly failing or refusing to report, or refusing to make prior medical information available to the investigation, is a first-degree misdemeanor. Doing either with intent to conceal the death or alter the evidence — or willfully touching, removing, or disturbing the body, clothing, or any article on or near the body without an order from the medical examiner's office — is a third-degree felony.

— What it says
  • Any person who becomes aware of a §406.11 death must report it forthwith to the district medical examiner or law enforcement.
  • Knowing failure or refusal to report is a misdemeanor of the first degree (§§775.082, 775.083).
  • Refusing to make prior medical or other pertinent information available to the death investigation carries the same penalty.
  • Touching, removing, or disturbing the body or nearby articles with intent to conceal the death or alter evidence, without a medical examiner's order, is a felony of the third degree.
— In a real probate

How it plays out

Families rarely have to invoke this section — hospitals, hospices, and law enforcement report as a matter of routine. Where we see it matter is the unattended home death: the person who finds a relative and starts tidying, moving belongings, or arranging the room before anyone official arrives. The felony applies only when the intent is concealment, but the safe course is simple — call first, touch nothing, and let the examiner's office say what happens next.

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?
Anyone. Florida Statute 406.12 places the duty on any person in the district who becomes aware of a death in a §406.11 category — violent, accidental, sudden, unattended, in custody, or suspicious. Knowing failure to report is a first-degree misdemeanor.
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
Rachel Brannan Schadt, Esq.
Written by
Rachel Brannan Schadt, Esq.

Florida probate and estate attorney. Florida Bar #127500, admitted 2017. Third-generation Florida attorney and Sarasota native. Florida State University; Western Michigan University Cooley Law School. Admitted to the U.S. District Courts for the Northern, Middle and Southern Districts of Florida.

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