S 188

Florida Senate - 2026  SB 188
By Senator Garcia
36-00570-26  2026188__
1A bill to be entitled
2An act relating to medical examiners’ duties; amending
3s. 406.11, F.S.; defining terms; specifying autopsy
4requirements for certain cases involving sudden and
5unexpected deaths; requiring medical examiners to
6document certain information in the autopsy reports
7for such cases; requiring medical examiners to report
8specified cases to the national Sudden Unexpected
9Infant Death and Sudden Death in the Young Case
10Registry in accordance with protocols established by
11the Department of Health and the United States Centers
12for Disease Control and Prevention; requiring the
13department to impose certain administrative penalties
14against medical examiners for failure to report such
15cases in a specified timeframe; providing that
16compliance with specified provisions is deemed a
17permissible disclosure for purposes of state and
18federal medical privacy laws; providing an effective
19date.
20
21WHEREAS, the United States Centers for Disease Control and
22Prevention operates the Sudden Unexpected Infant Death and
23Sudden Death in the Young Case Registry, a national surveillance
24program coordinated with the National Institutes of Health to
25establish a valuable repository of information for researchers
26studying the characteristics of sudden deaths in young
27individuals, and
28WHEREAS, district medical examiners in this state are
29currently not required to report to the registry, resulting in
30inconsistent data collection, and
31WHEREAS, uniform reporting and the inclusion of relevant
32medical information, including recent immunizations and
33emergency countermeasures, are essential to strengthen public
34health research, identify risk factors, and improve prevention
35strategies, NOW, THEREFORE,
36
37Be It Enacted by the Legislature of the State of Florida:
38
39Section 1. Subsection (3) is added to section 406.11,
40Florida Statutes, to read:
41406.11 Examinations, investigations, and autopsies.—
42(3)(a) As used in this subsection, the term:
431. “Sudden Arrhythmic Death Syndrome(SADS)” means the
44sudden and unexpected death due to cardiac arrhythmia, as
45determined by performance of an autopsy or a clinical
46investigation, of a young, apparently healthy individual with no
47previously diagnosed structural heart disease.
482. “Sudden Death in the Young (SDY)” means the sudden and
49unexpected death of an individual younger than 20 years of age
50due to natural causes, including, but not limited to, sudden
51cardiac death or sudden unexpected death in epilepsy, which
52death remains unexplained after initial investigation.
533. “Sudden Infant Death Syndrome (SIDS)” means the sudden
54death of an infant younger than 1 year of age which remains
55unexplained after a thorough case investigation, including
56performance of an autopsy, scene investigations, and a review of
57clinical history.
584. “Sudden Unexpected Infant Death (SUID)” means the sudden
59and unexpected death of an infant younger than 1 year of age,
60whether explained or unexplained, including, but not limited to,
61death caused by SIDS, accidental suffocation, and other
62potential causes.
635. “Sudden Unexpected Infant Death (SUID) and Sudden Death
64in the Young (SDY) Case Registry” means the national
65surveillance system coordinated by the Centers for Disease
66Control and Prevention and the National Institutes of Health
67which collects standardized data on sudden and unexpected deaths
68in individuals younger than 20 years of age.
69(b) In the case of an infant or child who dies suddenly and
70unexpectedly, including cases of SIDS, SUID, or SDY, the autopsy
71must include microscopic and toxicology studies and a review of
72the child’s immunization and medical records, as available
73through the state’s immunization registry established pursuant
74to s. 381.003, from the child’s pediatrician or primary care
75practitioner, or from other sources. The medical examiner shall
76document in the autopsy report any immunizations or emergency
77countermeasures administered to the child within 90 days before
78the child’s death and report the case to the SUID and SDY Case
79Registry in accordance with protocols established by the
80Department of Health and the Centers for Disease Control and
81Prevention.
82(c) In the case of a sudden death suspected to be caused by
83SADS in an individual of any age, the autopsy must include
84microscopic and toxicology studies and a review of the
85individual’s immunization and medical records, as available
86through state health databases or other sources. The medical
87examiner shall document in the autopsy report any immunizations
88or emergency countermeasures administered to the individual
89within 90 days before his or her death and report the case to
90the SUID and SDY Case Registry if the individual was younger
91than 20 years of age at the time of death, in accordance with
92protocols established by the Department of Health and the
93Centers for Disease Control and Prevention.
94(d) The Department of Health shall impose the following
95administrative penalties against a district medical examiner who
96fails to report a case of SIDS, SUID, SDY, or SADS, for
97individuals younger than 20 years of age, to the SUID and SDY
98Case Registry within 30 days after completing the autopsy
99report:
1001. For the first unreported case, a fine of up to $1,000.
1012. For the second unreported case, a fine of up to $5,000.
1023. For repeated noncompliance, referral to the Medical
103Examiners Commission for disciplinary action, which may include
104suspension or removal pursuant to s. 406.075.
105(e) Compliance with the reporting and documentation
106requirements of this section is deemed a permissible disclosure
107under state and federal medical privacy laws, including the
108Health Insurance Portability and Accountability Act of 1996.
109Section 2. This act shall take effect July 1, 2026.