Florida Senate - 2015                                     SB 640
       
       
        
       By Senator Detert
       
       
       
       
       
       28-00744-15                                            2015640__
    1                        A bill to be entitled                      
    2         An act relating to vital statistics; amending s.
    3         382.002, F.S.; providing and revising definitions;
    4         amending s. 382.003, F.S.; authorizing the Department
    5         of Health to produce and maintain paper death
    6         certificates and fetal death certificates and issue
    7         burial-transit permits; amending s. 382.006, F.S.;
    8         requiring a funeral director to provide electronic
    9         burial-transit permits to certain persons; assigning
   10         responsibility for manually filed paper death records
   11         to the subregistrar; authorizing the department to
   12         adopt rules; amending s. 382.007, F.S.; revising
   13         provisions relating to records of final dispositions
   14         of dead bodies; requiring maintenance of records for a
   15         specified period; amending s. 382.008, F.S.; requiring
   16         electronic filing of death and fetal death
   17         certificates with the department or local registrar on
   18         a prescribed form; authorizing certain legally
   19         authorized persons to provide personal data about the
   20         deceased; authorizing the department, rather than the
   21         local registrar, to grant an extension of time for
   22         providing certain information regarding a death or a
   23         fetal death; amending s. 382.0085, F.S.; conforming a
   24         cross-reference; amending s. 382.011, F.S.; retaining
   25         a funeral director’s responsibility to file a death or
   26         fetal death certificate with the department, rather
   27         than with the local registrar; amending s. 382.0135,
   28         F.S.; requiring the department to electronically
   29         notify the United States Social Security
   30         Administration of deaths in the state; providing an
   31         effective date.
   32          
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Present subsections (1) through (17) of section
   36  382.002, Florida Statutes, are redesignated as subsections (2)
   37  through (18), respectively, present subsections (8) and (9) are
   38  amended, and a new subsection (1) is added to that section, to
   39  read:
   40         382.002 Definitions.—As used in this chapter, the term:
   41         (1) “Burial-transit permit” means a permit issued by the
   42  department that authorizes the final disposition of a dead body.
   43         (9)(8) “Final disposition” means the burial, interment,
   44  entombment, cremation, removal from the state, anatomical
   45  donation, or other authorized disposition of a dead body or a
   46  fetus as described in subsection (8) (7). In the case of
   47  cremation, dispersion of ashes or cremation residue is
   48  considered to occur after final disposition; the cremation
   49  itself is considered final disposition. In the case of
   50  anatomical donation of a dead body, the donation itself is
   51  considered final disposition.
   52         (10)(9) “Funeral director” means a licensed funeral
   53  director or direct disposer licensed pursuant to chapter 497 who
   54  first assumes custody of or effects the final disposition of a
   55  dead body or a fetus as described in subsection (8) (7).
   56         Section 2. Subsection (9) of section 382.003, Florida
   57  Statutes, is amended to read:
   58         382.003 Powers and duties of the department.—The department
   59  shall:
   60         (9) Appoint one or more suitable persons to act as
   61  subregistrars, who shall be authorized to produce and maintain
   62  paper receive death certificates and fetal death certificates
   63  and to issue burial-transit burial permits in and for such
   64  portions of one or more districts as may be designated. A
   65  subregistrar may be removed from office by the department for
   66  neglect of or failure to perform his or her duty in accordance
   67  with this chapter.
   68         Section 3. Subsections (1) and (6) of section 382.006,
   69  Florida Statutes, are amended, and subsection (7) is added to
   70  that section, to read:
   71         382.006 Burial-transit permit.—
   72         (1) The funeral director who first assumes custody of a
   73  dead body or fetus must obtain a burial-transit permit before
   74  prior to final disposition and within 5 days after death. The
   75  funeral director shall provide the electronic burial-transit
   76  permit generated from the electronic death registration system
   77  to the person in charge of the place of final disposition. The
   78  application for a burial-transit permit must be signed by the
   79  funeral director and include the funeral director’s license
   80  number. The funeral director must attest on the application that
   81  he or she has contacted the physician’s or medical examiner’s
   82  office and has received assurance that the physician or medical
   83  examiner will provide medical certification of the cause of
   84  death within 72 hours after receipt of the death certificate
   85  from the funeral director.
   86         (6) For manually filed paper death records, the
   87  subregistrar in the licensed funeral or direct disposal
   88  establishment is responsible for producing and maintaining death
   89  and fetal death certificates and burial-transit permits in
   90  accordance with this chapter. Burial-transit permits filed with
   91  the local registrar under the provisions of this chapter may be
   92  destroyed after the expiration of 3 years from the date of
   93  filing.
   94         (7) The department may adopt rules to implement this
   95  section.
   96         Section 4. Section 382.007, Florida Statutes, is amended to
   97  read:
   98         382.007 Final dispositions prohibited without burial
   99  transit permit; records of dead bodies disposed.—A person in
  100  charge of any premises on which final dispositions are made
  101  shall not dispose inter or permit the interment or other
  102  disposition of any dead body unless it is accompanied by a
  103  burial-transit permit. Any Such person shall enter endorse upon
  104  the permit the date of final interment, or other disposition,
  105  over his or her signature, and shall return all permits so
  106  endorsed to the local registrar of the district where the place
  107  of final disposition is located within 10 days from the date of
  108  interment or other disposition. He or she shall keep a record of
  109  all dead bodies interred or otherwise disposed of on the
  110  premises under his or her charge, in each case stating the name
  111  of each deceased person, place of death, date of final burial or
  112  other disposition, and name and address of the funeral director,
  113  which record shall at all times be open to official inspection.
  114  The burial-transit permit on file may satisfy this requirement.
  115  The funeral director, when disposing of burying a dead body in a
  116  cemetery having no person in charge, shall enter the date of
  117  final disposition on sign the burial-transit permit, giving the
  118  date of burial, and shall write across the face of the permit
  119  the words “No person in charge,on the permit, and keep the
  120  permit on file for at least 3 years after the date of final
  121  disposition and file the permit within 10 days after burial with
  122  the local registrar of the district in which the cemetery is
  123  located.
  124         Section 5. Subsection (1), paragraph (a) of subsection (2),
  125  and paragraph (a) of subsection (3) of section 382.008, Florida
  126  Statutes, are amended to read:
  127         382.008 Death and fetal death registration.—
  128         (1) A certificate for each death and fetal death which
  129  occurs in this state shall be filed electronically on the
  130  department electronic death registration system or on a form
  131  prescribed by the department with the department or local
  132  registrar of the district in which the death occurred on a form
  133  prescribed by the department. A certificate shall be filed
  134  within 5 days after such death and prior to final disposition,
  135  and shall be registered by the department such registrar if it
  136  has been completed and filed in accordance with this chapter or
  137  adopted rules. The certificate shall include the decedent’s
  138  social security number, if available. In addition, each
  139  certificate of death or fetal death:
  140         (a) If requested by the informant, shall include aliases or
  141  “also known as” (AKA) names of a decedent in addition to the
  142  decedent’s name of record. Aliases shall be entered on the face
  143  of the death certificate in the space provided for name if there
  144  is sufficient space. If there is not sufficient space, aliases
  145  may be recorded on the back of the certificate and shall be
  146  considered part of the official record of death;
  147         (b) If the place of death is unknown, shall be registered
  148  in the registration district in which the dead body or fetus was
  149  is found within 5 days after such occurrence; and
  150         (c) If death occurs in a moving conveyance, shall be
  151  registered in the registration district in which the dead body
  152  was first removed from such conveyance.
  153         (2)(a) The funeral director who first assumes custody of a
  154  dead body or fetus shall file the certificate of death or fetal
  155  death. In the absence of the funeral director, the physician or
  156  other person in attendance at or after the death or the district
  157  medical examiner of the county in which the death occurred or
  158  the body was found shall file the certificate of death or fetal
  159  death. The person who files the certificate shall obtain
  160  personal data from a legally authorized person as defined in s.
  161  497.005 the next of kin or the best qualified person or source
  162  available. The medical certification of cause of death shall be
  163  furnished to the funeral director, either in person or via
  164  certified mail or electronic transfer, by the physician or
  165  medical examiner responsible for furnishing such information.
  166  For fetal deaths, the physician, midwife, or hospital
  167  administrator shall provide any medical or health information to
  168  the funeral director within 72 hours after expulsion or
  169  extraction.
  170         (3) Within 72 hours after receipt of a death or fetal death
  171  certificate from the funeral director, the medical certification
  172  of cause of death shall be completed and made available to the
  173  funeral director by the decedent’s primary or attending
  174  physician or, if s. 382.011 applies, the district medical
  175  examiner of the county in which the death occurred or the body
  176  was found. The primary or attending physician or medical
  177  examiner shall certify over his or her signature the cause of
  178  death to the best of his or her knowledge and belief. As used in
  179  this section, the term “primary or attending physician” means a
  180  physician who treated the decedent through examination, medical
  181  advice, or medication during the 12 months preceding the date of
  182  death.
  183         (a) The department local registrar may grant the funeral
  184  director an extension of time if upon a good and sufficient
  185  showing of any of the following conditions exist:
  186         1. An autopsy is pending.
  187         2. Toxicology, laboratory, or other diagnostic reports have
  188  not been completed.
  189         3. The identity of the decedent is unknown and further
  190  investigation or identification is required.
  191         Section 6. Subsection (9) of section 382.0085, Florida
  192  Statutes, is amended to read:
  193         382.0085 Stillbirth registration.—
  194         (9) This section or s. 382.002(16) s. 382.002(15) may not
  195  be used to establish, bring, or support a civil cause of action
  196  seeking damages against any person or entity for bodily injury,
  197  personal injury, or wrongful death for a stillbirth.
  198         Section 7. Subsection (3) of section 382.011, Florida
  199  Statutes, is amended to read:
  200         382.011 Medical examiner determination of cause of death.—
  201         (3) The funeral director shall retain the responsibility
  202  for preparation of the death or fetal death certificate,
  203  obtaining the necessary signatures, filing with the department
  204  local registrar in a timely manner, and arranging for final
  205  disposition of the body when disposing of the remains when the
  206  remains are released by the medical examiner.
  207         Section 8. Section 382.0135, Florida Statutes, is amended
  208  to read:
  209         382.0135 Social security numbers; electronic notification
  210  of deaths; enumeration-at-birth program.—The department shall
  211  make arrangements with the United States Social Security
  212  Administration to provide electronic notification of deaths that
  213  occur in the state and to participate in the voluntary
  214  enumeration-at-birth program. The State Registrar is authorized
  215  to take any actions necessary to administer the program in this
  216  state, including modifying the procedures and forms used in the
  217  birth registration process.
  218         Section 9. This act shall take effect July 1, 2015.