Senate Bill sb0710

    Florida Senate - 2003                                   SB 710

    By Senator Wise





    5-126-03

  1                      A bill to be entitled

  2         An act relating to commemorative certificates;

  3         amending s. 382.025, F.S.; requiring the

  4         Department of Health to issue commemorative

  5         certificates of stillbirth under specified

  6         circumstances; amending s. 382.0255, F.S.;

  7         providing fees for the issuance of

  8         commemorative certificates of stillbirth;

  9         providing for the use of such fees; revising

10         the designated uses for fees charged for

11         commemorative certificates of marriage;

12         providing an effective date.

13  

14  Be It Enacted by the Legislature of the State of Florida:

15  

16         Section 1.  Subsection (1) of section 382.025, Florida

17  Statutes, is amended to read:

18         382.025  Certified copies of vital records;

19  confidentiality; research.--

20         (1)  BIRTH RECORDS.--Except for birth records over 100

21  years old which are not under seal pursuant to court order,

22  all birth records of this state shall be confidential and are

23  exempt from the provisions of s. 119.07(1).

24         (a)  Certified copies of the original birth certificate

25  or a new or amended certificate, or affidavits thereof, are

26  confidential and exempt from the provisions of s. 119.07(1)

27  and, upon receipt of a request and payment of the fee

28  prescribed in s. 382.0255, shall be issued only as authorized

29  by the department and in the form prescribed by the

30  department, and only:

31         1.  To the registrant, if of legal age;

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    Florida Senate - 2003                                   SB 710
    5-126-03




 1         2.  To the registrant's parent or guardian or other

 2  legal representative;

 3         3.  Upon receipt of the registrant's death certificate,

 4  to the registrant's spouse or to the registrant's child,

 5  grandchild, or sibling, if of legal age, or to the legal

 6  representative of any of such persons;

 7         4.  To any person if the birth record is over 100 years

 8  old and not under seal pursuant to court order;

 9         5.  To a law enforcement agency for official purposes;

10         6.  To any agency of the state or the United States for

11  official purposes upon approval of the department; or

12         7.  Upon order of any court of competent jurisdiction.

13         (b)  To protect the integrity of vital records and

14  prevent the fraudulent use of the birth certificates of

15  deceased persons, the department shall match birth and death

16  certificates and post the fact of death to the appropriate

17  birth certificate.  Except for a commemorative birth

18  certificate, any certification of a birth certificate of a

19  deceased registrant shall be marked "deceased." In the case of

20  a commemorative birth certificate, such indication of death

21  shall be made on the back of the certificate. When a

22  commemorative certificate of stillbirth is issued, the

23  indication of fetal death must be made on the back of the

24  certificate.

25         (c)  The department shall issue, upon request and upon

26  payment of an additional fee as prescribed under s. 382.0255,

27  a commemorative birth certificate representing that the birth

28  of the person named thereon is recorded in the office of the

29  registrar. The certificate issued under this paragraph shall

30  be in a form consistent with the need to protect the integrity

31  of vital records but shall be suitable for display.  It may

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    Florida Senate - 2003                                   SB 710
    5-126-03




 1  bear the seal of the state printed thereon and may be signed

 2  by the Governor.

 3         (d)  When a fetal death occurs, the department shall

 4  issue, upon request and upon payment of a fee as prescribed

 5  under s. 382.0255, a commemorative certificate of stillbirth

 6  which states that the birth of the person named thereon

 7  resulted in stillbirth. The certificate issued under this

 8  paragraph must be in a form consistent with the need to

 9  protect the integrity of vital records and must be suitable

10  for display. The seal of the state may be printed on the

11  certificate, and it may be signed by the Governor.

12         Section 2.  Paragraph (i) of subsection (1) of section

13  382.0255, Florida Statutes, is amended to read:

14         382.0255  Fees.--

15         (1)  The department is entitled to fees, as follows:

16         (i)  Twenty-five dollars for a commemorative

17  certificate of birth, stillbirth, or marriage. Fees collected

18  for commemorative certificates of birth pursuant to this

19  paragraph in excess of expenses shall be available for use by

20  the Regional Perinatal Intensive Care Centers (RPICC) Program

21  to prevent child abuse and neglect.  Funds derived from the

22  issuance of commemorative marriage certificates and

23  commemorative certificates of stillbirth shall be available

24  for use by the Improved Pregnancy Outcome Program.

25         Section 3.  This act shall take effect July 1, 2003.

26  

27            *****************************************

28                          SENATE SUMMARY

29    Requires the Department of Health to issue commemorative
      certificates of stillbirth under specified circumstances.
30    Provides fees for the issuance of such certificates.
      Provides for the use of such fees. Revises the designated
31    uses of fees for commemorative marriage certificates.

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CODING: Words stricken are deletions; words underlined are additions.