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Florida Statutes, Title XXIX

Florida/Statutes

← All Florida coverage

Title XXIX, Public Health

23 chapters · 1,503 sections in this title.

All chapters in Title XXIX1,503 Ch 403, Environmental Control335 Ch 400, Nursing Homes and Related Health Car…178 Ch 381, Public Health: General Provisions160 Ch 394, Mental Health126 Ch 397, Substance Abuse Services81 Ch 395, Hospital Licensing and Regulation79 Ch 408, Health Care Administration76 Ch 402, Health and Human Services: Miscellan…75 Ch 383, Maternal and Infant Health Care59 Ch 401, Medical Telecommunications and Trans…53 Ch 388, Mosquito Control39 Ch 393, Developmental Disabilities36 Ch 406, Medical Examiners; Disposition of Hu…30 Ch 382, Vital Statistics28

1,503 sections·Filtered byTitle XXIX✕

Fla. Stat. § 406.04 Rules
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The commission shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter. The commission shall ensure minimum and uniform standards of excellence, performance of duties, and maintenance of records so as to provide useful and adequate info…
Fla. Stat. § 406.05 Medical examiner districts
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The Medical Examiners Commission shall establish medical examiner districts within the state, taking into consideration population, judicial circuits of the state, geographical size of the area of coverage, availability of trained personnel, death rate by both natural and unnatur…
Fla. Stat. § 406.06 District medical examiners; associates; suspension of medical examiners
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(1)(a) A district medical examiner shall be appointed by the Governor for each medical examiner district from nominees who are practicing physicians in pathology, whose nominations are submitted to the Governor by the Medical Examiners Commission. The term of office of each distr…
Fla. Stat. § 406.075 Grounds for discipline; disciplinary proceedings
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(1) A medical examiner may be reprimanded, placed on a period of probation, removed, or suspended by the Medical Examiners Commission for any of the following:(a) Failure to comply with the provisions of this chapter or with the rules of the commission.(b) Misuse or misappropriat…

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Fla. Stat. § 406.08 Payment of fees, salaries, and expenses; transportation costs; facilities

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(1) Fees, salaries, and expenses may be paid from the general funds or any other funds under the control of the board of county commissioners. The district medical examiner shall submit an annual budget to the board of county commissioners.(2) In the event that an examination or …

Fla. Stat. § 406.09 Expert witness fees

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District medical examiners or associate medical examiners shall be entitled to expert witness fees as provided by law.History.—s. 5, ch. 70-232; s. 4, ch. 81-89.

Fla. Stat. § 406.11 Examinations, investigations, and autopsies

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(1) In any of the following circumstances involving the death of a human being, the medical examiner of the district in which the death occurred or the body was found shall determine the cause of death and shall, for that purpose, make or perform such examinations, investigations…

Fla. Stat. § 406.12 Duty to report; prohibited acts

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(1) It is the duty of any person in the district where a death occurs, including all municipalities and unincorporated and federal areas, who becomes aware of the death of any person occurring under the circumstances described in s. 406.11 to report such death and circumstances f…

Fla. Stat. § 406.13 Examiner’s report; maintenance of records

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Upon receipt of such notification pursuant to s. 406.12, the district medical examiner or her or his associate shall examine or otherwise take charge of the dead body and shall notify the appropriate law enforcement agency pursuant to s. 406.145. When the cause of death has been …

Fla. Stat. § 406.135 Autopsies; confidentiality of photographs and video and audio recordings; confidentiality of reports of minor victims of domestic violence; exemption

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(1) As used in this section, the term:(a) “Domestic violence” has the same meaning as in s. 741.28.(b) “Medical examiner” means any district medical examiner, associate medical examiner, or substitute medical examiner acting pursuant to this chapter, as well as any employee, depu…

Fla. Stat. § 406.14 Duty of law enforcement officers

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Any evidence material to the determination of the cause of death in possession of the law enforcement officers assigned to the investigation of the death shall be made available to the medical examiner. It is the duty of the law enforcement officer assigned to and investigating t…

Fla. Stat. § 406.145 Unidentified persons; reporting requirements

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When an unidentified body is transported to a district medical examiner pursuant to this chapter, the medical examiner shall immediately report receipt of such body to the appropriate law enforcement agency, provided such law enforcement agency was not responsible for transportat…

Fla. Stat. § 406.15 Designation of substitute in absence of official examiner

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In the absence of the district medical examiner or associate medical examiner, the state attorney of the county may appoint a competent physician to act in their stead.History.—s. 9, ch. 70-232; s. 26, ch. 73-334.

Fla. Stat. § 406.16 Professional liability insurance

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The district medical examiners and associate medical examiners shall obtain professional liability insurance in an amount to be determined by the board of county commissioners of the county or counties served. The fees for such insurance shall be paid from funds appropriated by t…

Fla. Stat. § 406.17 Application and construction

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This chapter supersedes all parts of statutes, general law, and special acts, with which it may be in conflict. Nothing in this chapter shall be construed to repeal or amend s. 925.09 or to affect the right of prosecutors to investigate and determine causes of death which, in the…

Fla. Stat. § 406.49 Definitions

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As used in this part, the term:(1) “Anatomical board” means the anatomical board of the state headquartered at the University of Florida Health Science Center.(2) “Cremated remains” has the same meaning as provided in s. 497.005.(3) “Final disposition” has the same meaning as pro…

Fla. Stat. § 406.50 Unclaimed remains; disposition, procedure

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(1) A person or entity that comes into possession, charge, or control of unclaimed remains that are required to be buried or cremated at public expense shall immediately notify the anatomical board, unless:(a) The unclaimed remains are decomposed or mutilated by wounds;(b) An aut…

Fla. Stat. § 406.51 Final disposition of unclaimed deceased veterans; contract requirements

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Any contract by a local governmental entity for the final disposition of unclaimed remains must provide for compliance with s. 406.50(2) and require that the procedures in 38 C.F.R. s. 38.620, relating to disposition of unclaimed deceased veterans, are followed.History.—s. 2, ch.…

Fla. Stat. § 406.52 Retention of human remains before use; claim after delivery to anatomical board; procedures for unclaimed remains of indigent persons

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(1) The anatomical board shall keep in storage all human remains that it receives for at least 48 hours before allowing their use for medical education or research. Human remains may be embalmed when received. The anatomical board may, for any reason, refuse to accept unclaimed r…

Fla. Stat. § 406.53 Unclaimed remains of indigent person; exemption from notice to the anatomical board

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A board of county commissioners or its designated county department that receives a report of the unclaimed remains of an indigent person, notwithstanding s. 406.50(1), is not required to notify the anatomical board of the remains if:(1) The indigent person’s remains are decompos…

Fla. Stat. § 406.55 Contracts for delivery of human remains after death prohibited

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The anatomical board may not enter into any contract, oral or written, that provides for any sum of money to be paid to any living person in exchange for the delivery of that person’s remains to the anatomical board when the person dies.History.—s. 9, ch. 28163, 1953; ss. 15, 35,…

Fla. Stat. § 406.56 Acceptance of human remains under will

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If any person of sound mind executes a will leaving his or her remains to the anatomical board for medical education or research and the person dies within the geographical limits of the state, the anatomical board may accept and receive the person’s remains.History.—s. 10, ch. 2…

Fla. Stat. § 406.57 Distribution of human remains

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The anatomical board or its duly authorized agent shall take and receive human remains delivered to it as provided in this chapter and shall:(1) Distribute the remains equitably among the medical and dental schools, teaching hospitals, medical institutions, and health-related tea…

Fla. Stat. § 406.58 Fees; authority to accept additional funds; annual audit

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(1) The anatomical board may:(a) Adopt a schedule of fees to be collected from the institutions to which the human remains are distributed or loaned to defray the costs of obtaining and preparing the remains.(b) Receive money from public or private sources, in addition to the fee…

Fla. Stat. § 406.59 Institutions receiving human remains

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A university, school, college, teaching hospital, or institution may not receive any human remains from the anatomical board until its facilities are inspected and approved by the anatomical board. Human remains received by such university, school, college, teaching hospital, or …

Fla. Stat. § 406.60 Disposition of human remains after use

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When human remains have been used for, and are not of any further value to, medical or dental education or research, the anatomical board or a cinerator facility licensed under chapter 497 may dispose of the remains or any part thereof by cremation.History.—s. 14, ch. 28163, 1953…

Fla. Stat. § 406.61 Selling, buying, or conveying human remains outside state prohibited; exceptions; penalty

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(1)(a) The anatomical board may transport human remains outside the state for educational or scientific purposes. This chapter does not prohibit the transport of human remains, any part of such remains, or tissue specimens in furtherance of lawful examination, investigation, or a…

Fla. Stat. § 408.031 Short title

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Sections 408.031-408.045 shall be known and may be cited as the “Health Facility and Services Development Act.”History.—s. 18, ch. 87-92; s. 15, ch. 92-33; s. 7, ch. 95-144.Note.—Former s. 381.701.

Fla. Stat. § 408.032 Definitions relating to Health Facility and Services Development Act

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As used in ss. 408.031-408.045, the term:(1) “Agency” means the Agency for Health Care Administration.(2) “Capital expenditure” means an expenditure, including an expenditure for a construction project undertaken by a health care facility as its own contractor, which, under gener…

Fla. Stat. § 408.033 Local and state health planning

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(1) LOCAL HEALTH COUNCILS.—(a) Local health councils are hereby established as public or private nonprofit agencies serving the counties of a district. The members of each council shall be appointed in an equitable manner by the county commissions having jurisdiction in the respe…

Fla. Stat. § 408.034 Duties and responsibilities of agency; rules

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(1) The agency is designated as the single state agency to issue, revoke, or deny certificates of need and to issue, revoke, or deny exemptions from certificate-of-need review in accordance with present and future federal and state statutes. The agency is designated as the state …

Fla. Stat. § 408.035 Review criteria

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The agency shall determine the reviewability of applications and shall review applications for certificate-of-need determinations for health care facilities in context with the following criteria:(1) The need for the health care facilities being proposed.(2) The availability, qua…

Fla. Stat. § 408.036 Projects subject to review; exemptions

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(1) APPLICABILITY.—Unless exempt under subsection (3), all health-care-related projects, as described in this subsection, are subject to review and must file an application for a certificate of need with the agency. The agency is exclusively responsible for determining whether a …

Fla. Stat. § 408.037 Application content

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(1) An application for a certificate of need must contain:(a) A detailed description of the proposed project and statement of its purpose and need in relation to the district health plan.(b) A statement of the financial resources needed by and available to the applicant to accomp…

Fla. Stat. § 408.038 Fees

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The agency shall assess fees on certificate-of-need applications. Such fees shall be for the purpose of funding the activities of the agency and shall be allocated as provided in s. 408.033. The fee shall be determined as follows:(1) A minimum base fee of $10,000.(2) In addition …

Fla. Stat. § 408.039 Review process

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The review process for certificates of need shall be as follows:(1) REVIEW CYCLES.—The agency by rule shall provide for applications to be submitted on a timetable or cycle basis; provide for review on a timely basis; and provide for all completed applications pertaining to simil…

Fla. Stat. § 408.040 Conditions and monitoring

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(1)(a) The agency may issue a certificate of need, or an exemption, predicated upon statements of intent expressed by an applicant in the application for a certificate of need or an exemption. Any conditions imposed on a certificate of need or an exemption based on such statement…

Fla. Stat. § 408.041 Certificate of need required; penalties

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It is unlawful for any person to undertake a project subject to review under ss. 408.031-408.045 without a valid certificate of need. Any person violating the provisions of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 77…

Fla. Stat. § 408.042 Limitation on transfer

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The holder of a certificate of need shall not charge a price for the transfer of the certificate of need to another person that exceeds the total amount of the actual costs incurred by the holder in obtaining the certificate of need. Such actual costs must be documented by an aff…

Fla. Stat. § 408.043 Special provisions

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(1) HOSPICES.—When an application is made for a certificate of need to establish or to expand a hospice, the need for such hospice shall be determined on the basis of the need for and availability of hospice services in the community. The formula on which the certificate of need …

Fla. Stat. § 408.044 Injunction

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Notwithstanding the existence or pursuit of any other remedy, the agency may maintain an action in the name of the state for injunction or other process against any person to restrain or prevent the pursuit of a project subject to review under ss. 408.031-408.045, in the absence …

Fla. Stat. § 408.045 Certificate of need; competitive sealed proposals

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(1) The application, review, and issuance procedures for a certificate of need for an intermediate care facility for the developmentally disabled may be made by the agency by competitive sealed proposals.(2) The agency shall make a decision regarding the issuance of the certifica…

Fla. Stat. § 408.0455 Rules; pending proceedings

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The rules of the agency in effect on June 30, 2004, shall remain in effect and shall be enforceable by the agency with respect to ss. 408.031-408.045 until such rules are repealed or amended by the agency. Rules 59C-1.039 through 59C-1.044, Florida Administrative Code, remain in …

Fla. Stat. § 408.05 Florida Center for Health Information and Transparency

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(1) ESTABLISHMENT.—The agency shall establish and maintain a Florida Center for Health Information and Transparency to collect, compile, coordinate, analyze, index, and disseminate health-related data and statistics. The center shall be staffed as necessary to carry out its funct…

Fla. Stat. § 408.051 Florida Electronic Health Records Exchange Act

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(1) SHORT TITLE.—This section may be cited as the “Florida Electronic Health Records Exchange Act.”(2) DEFINITIONS.—As used in this section, the term:(a) “Certified electronic health record technology” means a qualified electronic health record that is certified pursuant to s. 30…

Fla. Stat. § 408.0511 Exemption from antitrust laws for persons or entities required to submit, receive, or publish data under ch. 2016-234

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This act is intended to promote health care price and quality transparency to enable consumers to make informed choices regarding health care treatment and improve competition in the health care market. Persons or entities required to submit, receive, or publish data under this a…

Fla. Stat. § 408.0512 Electronic health records system adoption loan program

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Subject to the availability of eligible donations from public or private entities and funding made available through s. 3014 of the Public Health Service Act, the agency may operate a certified electronic health record technology loan fund subject to a specific appropriation as a…

Fla. Stat. § 408.061 Data collection; uniform systems of financial reporting; information relating to physician charges; confidential information; immunity

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(1) The agency shall require the submission by health care facilities, health care providers, and health insurers of data necessary to carry out the agency’s duties and to facilitate transparency in health care pricing data and quality measures. Specifications for data to be coll…

Fla. Stat. § 408.0611 Electronic prescribing clearinghouse

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(1) It is the intent of the Legislature to promote the implementation of electronic prescribing by health care practitioners, health care facilities, and pharmacies in order to prevent prescription drug abuse, improve patient safety, and reduce unnecessary prescriptions. To that …

Fla. Stat. § 408.062 Research, analyses, studies, and reports

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(1) The agency shall conduct research, analyses, and studies relating to health care costs and access to and quality of health care services as access and quality are affected by changes in health care costs. Such research, analyses, and studies shall include, but not be limited …