11G-2.004. Physical Evidence, Body Parts, Specimens

(1) Definitions. The following definitions apply to this section:

(a) “Body part”. The entire head, an entire extremity, a portion of an extremity that includes a hand or foot, or the torso, of a dead human body. For human skeletal remains a body part is defined as a nearly complete skull, or most of the bones of extremity, or most of the bones of the torso.

(b) “Organ”. An entire internal viscus, such as a brain, heart, larynx, lung, stomach, or uterus of a dead human body.

(c) “Tissue”. A representative sample of a body part or organ, constituting a minority of the volume or mass of the part or organ.

(d) “Embedded tissue”. Tissue which has been embedded in paraffin blocks, or the like, for the purpose of histological study.

(e) “Sections”. Tissue mounted on glass slides for the purpose of histological staining.

(f) “Stained sections”. Sections which have been stained for the purpose of microscopic examination.

(g) “Fluid”. Liquid from a blood vessel, body cavity, hollow viscus, hematoma, or abscess of a dead human body. Fluids include blood, vitreous humor, bile, gastric content, urine, cerebrospinal fluid, and effusions.

(h) “Specimen”. A body part, organ, tissue, fluid, embedded tissue, section, or stained section; or a swab from a body part, organ, tissue, or body surface.

(i) “Physical evidence”. An item or items taken during an investigation which is believed to be pertinent to the determination of the cause of death, manner of death, identification of the deceased, determination of disease, injury or intoxication, or which is taken to answer anticipated questions in any investigation. Includes specimens.

(j) “Retained”. With respect to specimens, kept by the medical examiner after the release of the remains to the legal authorized person.

(k) “Research”. Any one of the following:

1. Procedures designed for therapy or resuscitation, performed on a dead human body for experiment or practice, unrelated to the determination of cause of death, mechanism of death, manner of death, presence of disease, injury, or intoxication, or identification of the deceased.

2. Testing of body parts or organs for purposes unrelated to the determination of cause of death, manner of death, presence of disease, injury, intoxication, or identification.

3. Testing of tissues or fluids by an experimental scientist that results in no report to the medical examiner.

4. Research does not include test development, test validation, quality assurance testing, or investigative work, utilizing tissues or fluids, when the tissues or fluids are received by a laboratory in support of a death investigation by a medical examiner.

(2) The medical examiner shall seize such physical evidence as shall be necessary to determine the cause and manner of death, presence of disease, injury, intoxication, and identification of the decedent, or to answer questions arising in criminal investigations, and shall label, prepare, analyze, examine, and catalog such evidence as needed.

(3) Physical evidence shall be retained by the medical examiner as follows:

(a) Stained sections shall be preserved indefinitely and embedded tissue preserved for at least ten years.

(b) Fixed organs shall be retained until the medical examiner has completed his or her studies of them.

(c) All other specimens shall be retained for one year.

(d) All other physical evidence not released to another investigative agency or to the owner shall be retained for one year.

(e) Physical evidence that is retained for any period longer than is specified above must be held in accordance with Rule 11G-2.006, F.A.C.

(4) Requests for independent examination and analysis of physical evidence in the custody of the medical examiner shall be allowed by the medical examiner under his or her supervision and control in a manner designed to provide maximal preservation of the physical evidence. Unless compelling reasons dictate, irreplaceable, non-duplicable and non-divisible physical evidence such as embedded tissue shall not be released for independent analysis and examination.

(5) Physical evidence specimens no longer required to be retained by the medical examiner shall be disposed of.

(6) Procedures Concerning Body Parts.

(a) Human remains released by a medical examiner to the legally authorized person shall include all body parts unless the legally authorized person explicitly agrees to claim an incomplete body.

(b) If human remains recovered by the medical examiner are incomplete owing to dismemberment or decomposition, and there is a possibility that further body parts will be discovered subsequently, the legally authorized person shall be given the choice of claiming incomplete remains, or waiting to claim the remains until further parts are recovered.

(c) If a body part requires special examination, release of the remains should be delayed until the special examination is completed unless the legally authorized person explicitly chooses to claim incomplete remains.

(d) Body parts retained by the medical examiner shall be subsequently released to the legally authorized person or disposed of pursuant to paragraph (6)(e) of this rule section.

(e) Body parts not claimed by the legally authorized person are considered biomedical waste [Section 381.0098(2)(a), F.S.] and shall be destroyed by legally prescribed means, at the expense of the medical examiner.

(f) Evidentiary aspects of retained body parts shall be preserved by documentation by writing, photography, radiography or other indirect means, or by retention of tissue samples. Body parts themselves shall not be retained as evidence for legal proceedings.

(7) Retention, Utilization, and Destruction of Specimens.

(a) Permission of the legally authorized person is required for:

1. Retention of specimens solely for the purpose of research.

2. Research procedures, designed for therapy or resuscitation, performed on a dead human body for experiment or practice, unrelated to the determination of cause of death, mechanism of death, manner of death, presence of disease, injury, or intoxication, or identification of the deceased.

(b) Permission of the legally authorized person is not required:

1. To retain organs, tissues, sections, or fluids.

2. To destroy retained organs, tissues, sections, or fluids.

3. For the utilization of specimens for teaching and educational purposes, or publication in scientific or medical publications, or other purposes that are not research, when the specimens were retained for the determination of cause of death, manner of death, disease, injury, intoxication, identification of the deceased, or preservation of evidence.

4. For the utilization of medical examiner records for teaching and educational purposes, or publication in scientific or medical publications, when the records were created in the course of medical examiner death investigations.

Rulemaking Authority 406.04 FS. Law Implemented 406.11, 406.13 FS. History–New 10-18-81, Formerly 11G-2.04, Amended 8-27-87, 10-14-96, 7-29-01, 11-30-04, 5-21-12.