Seminole County Medical Examiner

What is a medical examiner?
Many people confuse a “coroner” with a “medical examiner.” A coroner is an elected or appointed government official who may not have a medical degree. A medical examiner is a licensed physician who is appointed by the governor to investigate violent, suspicious or unnatural deaths. The State of Florida has a district medical examiner system, which includes 24 district offices. Each district has a chief medical examiner who independently, objectively and scientifically determines the cause and manner of death under certain circumstances. Associate medical examiners, forensic investigators and other law enforcement personnel assist the chief medical examiner.
The Florida District 7 Medical Examiner’s Office is an independent entity from all law enforcement agencies and hospitals within its jurisdiction. This office also provides forensic services under annual contracts with Seminole County (District 24).

What deaths are under the jurisdiction of the medical examiner?
Florida State Statute 406.11, also known as the Medical Examiner’s Statute, defines which deaths fall under the jurisdiction of the medical examiner. A non-natural or traumatic death of any kind will fall under the jurisdiction of the medical examiner. Any death resulting from homicide, suicide or accidental circumstances will be investigated by the medical examiner. Natural deaths in which the decedent does not have a physician or the physician is unwilling to sign the death certificate, will fall under the medical examiner’s jurisdiction.

What is the duty of a law enforcement officer upon discovering a death?
Florida Statutes 406.14 governs the role of a law enforcement officer when he or she discovers a death. The medical examiner has jurisdiction over the body and any objects in contact with the body. Upon arrival at the death scene, it is the duty of the officer to immediately establish contact with the Medical Examiner’s Office and follow the direction of the medical examiner during the investigation into the cause of death. In addition, 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 the death to immediately establish and maintain liaison with the medical examiner during the investigation into the cause of death." (Florida Statute 406.14)

Is a forensic investigation necessary for every death?
Deaths from natural disease, in which a Florida-licensed physician is willing to sign a death certificate, generally do not fall under the medical examiner’s jurisdiction. In cases of sudden and unexpected, or violent deaths (which include all non-natural deaths), an investigation into the circumstances surrounding the death is legally required. The purpose of this investigation is to determine the cause, manner and mechanism of death as well as to establish the circumstances of death and the identity of the deceased. In many cases the medical examiner may be able to discover evidence of hidden injury to explain a sudden death or may be able to document a natural disease process to illustrate that foul play was not involved in the death.
It is important to understand that government agencies, as well as private citizens and family members, rely on the findings of the medical examiner to resolve questions regarding deaths.

What is the normal process of a forensic death investigation?
In many cases when there is a death, at least two jurisdictions are involved. The police or law enforcement agencies involved have jurisdiction over the crime scene and it’s associated physical evidence. The medical examiner is responsible for the body of the deceased and any physical evidence in direct contact with the body. With the exception of life-saving efforts that may be attempted by fire/ rescue officials, the body may not be touched or moved by anyone (including law enforcement officials) without the permission of the medical examiner. Therefore, forensic investigators from the Medical Examiner’s Office typically respond to every non-natural death scene before the body is removed from the scene. Forensic investigators will document the pertinent details and collect information about the circumstances of death. The body will then be transported to the Medical Examiner’s Office, where it will be placed in refrigeration until examination.

What is a forensic autopsy?
In most cases, an autopsy will be necessary to adequately document the cause, manner and mechanism of death. In addition, an autopsy will help to corroborate or refute the circumstances of death. The autopsy is a medical procedure that consists of an external and internal examination of the entire body. All the internal organs are inspected for indications of injury or natural disease processes. During this procedure, the physician will collect various body tissues and fluids. If necessary, blood and bodily fluid may be analyzed to determine the cause of death. Rarely does an autopsy interfere with the final viewing and funeral of the deceased.

Is an autopsy always required?
No. Sometimes the medical examiner may be able to certify the cause and manner of death with just an external examination. The medical examiner is sympathetic to the wishes of the family and in some cases may be able to accommodate their desires. A complete autopsy must be performed in all police custody deaths.
A complete autopsy may not be performed in cases of natural death in which an adequate medical history exists to document the illness, and in which no indications of foul play exist.

What is the purpose of a forensic autopsy?
The purpose of the autopsy is to determine the cause, manner and underlying mechanism of death. This procedure also documents all the significant pathologic conditions present in the body.

Does the medical examiner need permission to conduct an autopsy?
According to Florida State Law, the medical examiner does not need to seek permission from the next-of-kin before the autopsy. Any religious objections that may be raised by the next-of-kin prior to an autopsy are handled on a case-by-case basis.

Is permission needed for organ or tissue donation?
According to Florida State Law, only the next-of-kin can grant permission for organ or tissue donation. Permission for donation is requested by the organ procurement agency. The medical examiner must grant permission for the agency to proceed with organ or tissue procurement to ensure that the duties of the Office of the Medical Examiner are not compromised. To protect certain forensic evidence, the medical examiner may object to any organ or tissue procurement procedure.

When can the body be released for burial?
The medical examiner makes every attempt to complete his or her investigation as rapidly and efficiently as possible so the family can proceed with funeral arrangements. For the majority of cases, the autopsy is completed within 24 hours and the body is available for release the day after it is received. For some homicide cases and cases requiring scientific identification, the body may not be available for release for several days.

When is the autopsy report available?
While the body is usually released within 24 hours, there may be a significant delay in the release of the autopsy report. Typically, the autopsy report will be available within 90 days. However, some cases may take longer. This is because the medical examiner may request consultation from other laboratories and testing agencies. Therefore, the medical examiner must obtain the results before the report is finalized.

Are autopsy photographs public record?
The release of autopsy photographs is governed by Florida State Statute 406.135. Autopsy photographs are available to the next-of-kin and are released to anyone presenting a court order to do so.

How can I obtain an autopsy report?
All medical examiner cases are public record once final and, as such, any person may obtain a copy of the completed autopsy report. Final reports can be mailed, faxed, e-mailed or picked up at the Medical Examiner's Office, per the requestor's preference. Instructions for obtaining the autopsy report by any of the four options above can be heard by calling the office at 386-258-4060 and selecting the desired option from the menu. Reports can also be requested by printing the Autopsy Report Request Form, completing the form identifying the method of delivery and returning it to the office by mail, fax or e-mail. The report will be sent once it is complete and releasable as a public record. Depending on the complexity of the case, reports may take from 3 to 6 months to complete.

Please be advised autopsy photographs are NOT considered public record and are not provided with the report. The next-of-kin can request autopsy photographs by calling the office for details regarding the required information for release. Some cases may be exempt from public record release while under "active criminal intelligence or active criminal investigation" {Chapter 119.071(2)(c)1., Florida Statute}. Once this designation has been lifted, the records will be available for release.

Send your written request to:
The Office of the Medical Examiner
Attn: Records Custodian
1360 Indian Lake Road
Daytona Beach, FL 32124

How much does it cost to obtain a copy of the autopsy report?
The cost depends on the method of delivery. Certified copies of the report cost 0.05 cents per page, plus postage, handling and envelope costs, if mailed. Reports sent by fax and electronic mail are provided at no cost. Reports picked up at the office are provided at 0.05 cents per page. Additional costs apply if the request includes photographs and copies of other documents in the case file. A clerical fee will also be charged for the actual time spent processing the request.

What information is included in the autopsy report when it is released?
The autopsy report always includes a determination of the cause and manner of death. The report also may include the results of any independent testing that was done.

What happens to personal property on the decedent?
In most cases, the personal property on the body at the time of death is removed at the place of death and turned over to the family or the law enforcement agency. Personal property transported to the Medical Examiner’s Office along with the body is inventoried and released with the body to the funeral home. In homicide cases, the personal effects are considered to be evidence and are turned over to the investigating law enforcement agency.

What is the geographic jurisdiction of the medical examiner?
The place where the body is found (or brought ashore) determines the geographic jurisdiction. District 7 covers Volusia County, and District 24 covers Seminole County.

What is the legal jurisdiction of the medical examiner?
As outlined by section 406.11 of the Florida Statutes:
A death must be reported to the medical examiner whenever a person dies:
1. Of criminal violence
2. By accident
3. By suicide
4. Suddenly, when in apparent good health
5. Unattended by a licensed physician
6. In any prison or penal institution
7. In police custody
8. In any suspicious or unusual circumstance
9. By criminal abortion
10. By poison
11. By disease constituting a threat to public health
12. By disease, injury or toxic agent resulting from employment.
"(2)(a) The district medical examiner shall have the authority in any case coming under subsection (1) to perform, or have performed, whatever autopsies or laboratory examinations he or she deems necessary and in the public interest to determine the identification of or cause or manner of death of the deceased or to obtain evidence necessary for forensic examination." (Florida Statutes 406.11)