This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1653.CRJ
DATE: 1/23/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1653 Duties and Prohibited Acts Associated with Death
SPONSOR(S): Giallombardo
TIED BILLS: IDEN./SIM. BILLS: SB 768
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice Subcommittee Padgett Hall
2) Justice Appropriations Subcommittee
3) Judiciary Committee
SUMMARY ANALYSIS
Section 406.11, F.S., requires a district medical examiner to determine the cause of death of a deceased
human being in the following circumstances:
When any person dies in this state:
o Of criminal violence.
o By accident.
o By suicide.
o Suddenly, when in apparent good health.
o Unattended by a practicing physician or other recognized practitioner.
o In any prison or penal institution.
o In police custody.
o In any suspicious or unusual circumstance.
o By criminal abortion.
o By poison.
o By disease constituting a threat to public health.
o By disease, injury, or toxic agent resulting from employment.
When a dead body is brought into this state without proper medical certification.
When a body is to be cremated, dissected, or buried at sea.
Section 406.12, F.S., requires a person who becomes aware of the death of any person under circumstances
described in s. 406.11, F.S., to report such a death and the circumstances surrounding the death to the district
medical examiner. Any person who knowingly fails or refuses to report such a death or the circumstances
surrounding the death, who refuses to make available prior medical or other information pertinent to the death
investigation, or who, 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, with the intent to alter the
evidence or circumstances surrounding the death, commits a first degree misdemeanor.
HB 1653 amends s. 406.12, F.S., to increase the penalty if a person knowingly fails to report the death of a
person due to the circumstances listed in s. 406.11, F.S., refuses to provide medical or other information
pertinent to a death investigation, or willfully touches, removes or disturbs a body, clothing, or any article upon
or near the body, with the intent to alter the evidence or circumstance surrounding the death, from a first
degree misdemeanor to a third degree felony.
The bill may have an indeterminate positive impact on prison and jail beds by increasing the penalty for a
violation of s. 406.12, F.S., from a first degree misdemeanor to a third degree felony, which may lead to longer
terms of incarceration in such facilities.
The bill provides an effective date of July 1, 2024. STORAGE NAME: h1653.CRJ PAGE: 2
DATE: 1/23/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
District Medical Examiner
The Governor is required to appoint a district medical examiner, who must be a physician who
practices in pathology, for each medical examiner district in the state.
1
Currently, there are 25 medical
examiner districts in Florida.
2
Section 406.11, F.S., requires a district medical examiner to determine
the cause of death of a deceased human being in the following circumstances:
When any person dies in this state:
o Of criminal violence.
o By accident.
o By suicide.
o Suddenly, when in apparent good health.
o Unattended by a practicing physician or other recognized practitioner.
o In any prison or penal institution.
o In police custody.
o In any suspicious or unusual circumstance.
o By criminal abortion.
o By poison.
o By disease constituting a threat to public health.
o By disease, injury, or toxic agent resulting from employment.
When a dead body is brought into this state without proper medical certification.
When a body is to be cremated, dissected, or buried at sea.
3
To determine the cause of death, a medical examiner may perform examinations, investigations, and
autopsies as he or she deems necessary or as requested by the state attorney.
4
Duty to Report
Section 406.12, F.S., requires a person who becomes aware of the death of any person under
circumstances described in s. 406.11, F.S., to report such a death and the circumstances surrounding
the death to the district medical examiner. Any person who knowingly fails or refuses to report such a
death or the circumstances surrounding the death, who refuses to make available prior medical or other
information pertinent to the death investigation, or who, 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, with the intent to alter the evidence or circumstances surrounding the death, commits a first
degree misdemeanor.
5, 6
Effect of Proposed Changes
HB 1653 amends s. 406.12, F.S., to increase the penalty if a person knowingly fails to report the death
of a person due to the circumstances listed in s. 406.11, F.S., refuses to provide medical or other
information pertinent to a death investigation, or willfully touches, removes or disturbs a body, clothing,
or any article upon or near the body, with the intent to alter the evidence or circumstance surrounding
1
S. 406.06(1)(a), F.S.
2
Florida Department of Law Enforcement, Coverage Map – Florida Medical Examiner Districts,
https://www.fdle.state.fl.us/MEC/Maps/Documents/Coverage-Map.aspx (last visited Jan. 23, 2024).
3
S. 406.11(1), F.S.
4
Id.
5
S. 406.12, F.S.
6
A first degree misdemeanor is punishable by up to one year in jail and a $1,000 fine. Ss. 775.082 and 775.083, F.S. STORAGE NAME: h1653.CRJ PAGE: 3
DATE: 1/23/2024
the death, from a first degree misdemeanor to a third degree felony. As a third degree felony, the
offense will be punishable by up to five years imprisonment and a $5,000 fine.
7
The bill provides an effective date of July 1, 2024.
B. SECTION DIRECTORY:
Section 1: Amends s. 406.12, F.S., relating to duty to report; prohibited acts.
Section 2: Provides an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
The bill may have an indeterminate positive impact on prison and jail beds by increasing the penalty for
a violation of s. 406.12, F.S., from a first degree misdemeanor to a third degree felony, which may lead
to longer terms of incarceration in such facilities.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
Not applicable.
C. DRAFTING ISSUES OR OTHER COMMENTS:
7
Ss. 775.082, 775.083, or 775.084, F.S. STORAGE NAME: h1653.CRJ PAGE: 4
DATE: 1/23/2024
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES