RULE NO.: RULE TITLE:
11G-2.001: Determination of Jurisdiction, Preliminary Procedures
11G-2.002: Identification
11G-2.003: Investigation
11G-2.004: Physical Evidence
11G-2.005: Records, Autopsy Report
11G-2.006: Practice Guidelines
PURPOSE AND EFFECT: Paragraphs 11G-2.001(1)(a), (b), (c), F.A.C., Restructured the rule sections and replaced the word “jurisdiction” with more explicit language because the term “jurisdiction” is not supported by Chapter 406, F.S.; old (2) Removed because the term “jurisdiction” is not supported by Chapter 406, F.S., and “control of the body” is incorrectly used; new (2)(a) Clarified by deleting and combining with the new (2); new (2)(b), (c) Removed these rule sections because the current rule text incorrectly states that pursuant to 406.11, F.S., jurisdiction exists for fetuses; new (3) Made grammatical and housekeeping revisions; (3)(a) Removed vague rule language; new (4) Revised because the term “jurisdiction” is incorrectly used pursuant to Chapter 406, F.S.; (4)(a) Revised because “control of the body” is used incorrectly pursuant to statute; (4)(b) Revised because the examination of the scene of death or injury is not required for many hospital deaths; old (4)(d) Removed because the DMV rule language is redundant to Section 316.065(2), F.S.; new (4)(d) Made grammatical changes; new (4)(e) Added a statutory reference to support the term “legally authorized person”; new (5)(d) Removed the requirement for submitting an annual workload report because Section 406.02, F.S., does not require this report.
Subsections 11G-2.002(1) and (2), F.A.C., Reworded to remove vague rule language; (3) Revised to be more specific about the procedure for processing unidentified remains; (4) Reworded for clarification.
Subsection 11G-2.003(2), F.A.C., Removed unrelated rule language regarding signing of death certificates; New (3) Clarified rule language because Section 406.11, F.S., grants total discretion for the medical examiner to perform or not perform an autopsy and the current rule language does not grant this discretion; New (4) Revised to comply with the current rule requirements for autopsies without infringing entirely on the discretion to not autopsy. Relocated rule language from subsection 11G-2.004(3), F.A.C., to subsection 11G-2.003(4), F.A.C., for clarification and to require toxicology tests on violent deaths only when an autopsy is performed; new (5)(a), (b), (c), (d) Added rule language to specify when an autopsy shall be performed; Old (3) Removed rule language in conflict with statute. Section 406.11 grants total discretion to the medical examiner to perform or not perform an autopsy in any case, and the current rule language does away with that discretion; Old (4) and old (5) Rewrote and relocated to a new (5).
Rule 11G-2.0031, F.A.C., Repealed rule identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary and relocated the SIDS autopsy protocol to the Practice Guidelines.
Rule 11G-2.004, F.A.C., Renamed the rule title to better describe the contents of the rule; old (l) and new (k) Relocated old (i) as new (k) and corrected the statutory reference for “legally authorized person”; (1)(l)4. Added rule language to clarify that “research” does not include test development when tissues or fluids are received in support of a death investigation; old (3) Moved rule language from subsection 11G-2.004(3), F.A.C., to subsection 11G-2.003(4), F.A.C., to a more appropriate rule section to address toxicology testing on violent deaths; New (3), (3)(e), (4) Made grammatical changes; new (6)(d) Added a rule reference; new (6)(g), (h), and new (7)(b)1.-2. Moved rule language regarding next of kin to (7)(b)1. and (7)(b)2., and reworded (7)(b)3., because the current rule could be construed to prohibit a medical examiner’s toxicology laboratory from using specimens for test development and validation and could be considered research.
Paragraphs 11G-2.005(1)(a)-(e), F.A.C., Made grammatical changes; (1)(g) Added rule language for documenting the custody and surrender of dead bodies; new (2)(a)-(d) Added autopsy report guidelines and redefined “autopsy report” to allow opinions. (3) Removed obsolete rule language requiring the address of the district medical examiner’s office.
Rule 11B-2.006, F.A.C., Added a statutory reference and included the address for obtaining the Practice Guidelines.
SUBJECT AREA TO BE ADDRESSED: Notification of death, findings and conclusion of death, notification of legally authorized persons of a death, relinquish charge of a dead body; examination of dead body, investigation of death prior to the release of human remains; removal of obsolete rule language; statistical reports; clarification of current rule language; unidentified human remains; examinations required for deaths resulting from violence; rules for performing an autopsy; repeal of SIDS Autopsy Protocol rule; research guidelines; custody and surrender of dead bodies; autopsy report; and how to obtain a copy of the Practice Guidelines.
RULEMAKING AUTHORITY: 406.04 FS.
LAW IMPLEMENTED: 383.3362, 406.06(1)(a), 406.076, 406.11, 406.13, 406.145 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: November 2, 2011, 1:00 p.m.
PLACE: Florida Department of Law Enforcement, Criminal Justice Professionalism Program, CJPP Conference Room, 2331 Phillips Road, Tallahassee, Florida 32308
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Donna Hunt at (850)410-8615, or donnahunt@fdle.state.fl.us or write to: Florida Department of Law Enforcement, Criminal Justice Professionalism Program, 2331 Phillips Road, Tallahassee, Florida 32308. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Donna Hunt at (850)410-8615, or donnahunt@fdle.state.fl.us, or write to Florida Department of Law Enforcement, Criminal Justice Professionalism Program, 2331 Phillips Road, Tallahassee, Florida 32308

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.