Florida Senate - 2026 SB 188 By Senator Garcia 36-00570-26 2026188__ Page 1 of 4 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to medical examiners’ duties; amending 2 s. 406.11, F.S.; defining terms; specifying autopsy 3 requirements for certain cases involving sudden and 4 unexpected deaths; requiring medical examiners to 5 document certain information in the autopsy reports 6 for such cases; requiring medical examiners to report 7 specified cases to the national Sudden Unexpected 8 Infant Death and Sudden Death in the Young Case 9 Registry in accordance with protocols established by 10 the Department of Health and the United States Centers 11 for Disease Control and Prevention; requiring the 12 department to impose certain administrative penalties 13 against medical examiners for failure to report such 14 cases in a specified timeframe; providing that 15 compliance with specified provisions is deemed a 16 permissible disclosure for purposes of state and 17 federal medical privacy laws; providing an effective 18 date. 19 20 WHEREAS, the United States Centers for Disease Control and 21 Prevention operates the Sudden Unexpected Infant Death and 22 Sudden Death in the Young Case Registry, a national surveillance 23 program coordinated with the National Institutes of Health to 24 establish a valuable repository of information for researchers 25 studying the characteristics of sudden deaths in young 26 individuals, and 27 WHEREAS, district medical examiners in this state are 28 currently not required to report to the registry, resulting in 29 Florida Senate - 2026 SB 188 36-00570-26 2026188__ Page 2 of 4 CODING: Words stricken are deletions; words underlined are additions. inconsistent data collection, and 30 WHEREAS, uniform reporting and the inclusion of relevant 31 medical information, including recent immunizations and 32 emergency countermeasures, are essential to strengthen public 33 health research, identify risk factors, and improve prevention 34 strategies, NOW, THEREFORE, 35 36 Be It Enacted by the Legislature of the State of Florida: 37 38

Section 1. Subsection (3) is added to

section 406.11, 39 Florida Statutes, to read: 40 406.11 Examinations, investigations, and autopsies.— 41 (3)(

a) As used in this subsection, the term: 42 1. “Sudden Arrhythmic Death Syndrome(SADS)” means the 43 sudden and unexpected death due to cardiac arrhythmia, as 44 determined by performance of an autopsy or a clinical 45 investigation, of a young, apparently healthy individual with no 46 previously diagnosed structural heart disease. 47 2. “Sudden Death in the Young (SDY)” means the sudden and 48 unexpected death of an individual younger than 20 years of age 49 due to natural causes, including, but not limited to, sudden 50 cardiac death or sudden unexpected death in epilepsy, which 51 death remains unexplained after initial investigation. 52 3. “Sudden Infant Death Syndrome (SIDS)” means the sudden 53 death of an infant younger than 1 year of age which remains 54 unexplained after a thorough case investigation, including 55 performance of an autopsy, scene investigations, and a review of 56 clinical history. 57 4. “Sudden Unexpected Infant Death (SUID)” means the sudden 58 Florida Senate - 2026 SB 188 36-00570-26 2026188__ Page 3 of 4 CODING: Words stricken are deletions; words underlined are additions. and unexpected death of an infant younger than 1 year of age, 59 whether explained or unexplained, including, but not limited to, 60 death caused by SIDS, accidental suffocation, and other 61 potential causes. 62 5. “Sudden Unexpected Infant Death (SUID) and Sudden Death 63 in the Young (SDY) Case Registry” means the national 64 surveillance system coordinated by the Centers for Disease 65 Control and Prevention and the National Institutes of Health 66 which collects standardized data on sudden and unexpected deaths 67 in individuals younger than 20 years of age. 68 (

b) In the case of an infant or child who dies suddenly and 69 unexpectedly, including cases of SIDS, SUID, or SDY, the autopsy 70 must include microscopic and toxicology studies and a review of 71 the child’s immunization and medical records, as available 72 through the state’s immunization registry established pursuant 73 to s. 381.003, from the child’s pediatrician or primary care 74 practitioner, or from other sources.

The medical examiner shall 75 document in the autopsy report any immunizations or emergency 76 countermeasures administered to the child within 90 days before 77 the child’s death and report the case to the SUID and SDY Case 78 Registry in accordance with protocols established by the 79 Department of Health and the Centers for Disease Control and 80 Prevention. 81 (

c) In the case of a sudden death suspected to be caused by 82 SADS in an individual of any age, the autopsy must include 83 microscopic and toxicology studies and a review of the 84 individual’s immunization and medical records, as available 85 through state health databases or other sources.

The medical 86 examiner shall document in the autopsy report any immunizations 87 Florida Senate - 2026 SB 188 36-00570-26 2026188__ Page 4 of 4 CODING: Words stricken are deletions; words underlined are additions. or emergency countermeasures administered to the individual 88 within 90 days before his or her death and report the case to 89 the SUID and SDY Case Registry if the individual was younger 90 than 20 years of age at the time of death, in accordance with 91 protocols established by the Department of Health and the 92 Centers for Disease Control and Prevention. 93 (

d) The Department of Health shall impose the following 94 administrative penalties against a district medical examiner who 95 fails to report a case of SIDS, SUID, SDY, or SADS, for 96 individuals younger than 20 years of age, to the SUID and SDY 97 Case Registry within 30 days after completing the autopsy 98 report: 99 1. For the first unreported case, a fine of up to $1,000. 100 2. For the second unreported case, a fine of up to $5,000. 101 3. For repeated noncompliance, referral to the Medical 102 Examiners Commission for disciplinary action, which may include 103 suspension or removal pursuant to s. 406.075. 104 (

e) Compliance with the reporting and documentation 105 requirements of this

section is deemed a permissible disclosure 106 under state and federal medical privacy laws, including the 107 Health Insurance Portability and Accountability Act of 1996. 108

Section 2. This act shall take effect July 1, 2026. 109