HB 439

1	A bill to be entitled
2	An act relating to certificate of birth resulting in
3	stillbirth; amending s. 382.002, F.S.; providing
4	definitions; creating s. 382.0085, F.S.; requiring that
5	the person required to file the fetal death certificate
6	advise a parent of a stillborn child about the
7	availability of a certificate of birth resulting in
8	stillbirth; authorizing the parent to name the stillborn
9	child on a certificate; requiring a state file number for
10	the certificate; requiring the Department of Health to
11	prescribe the form and content of the certificate by rule;
12	prohibiting the Office of Vital Statistics within the
13	Department of Health from using a certificate of birth
14	resulting in stillbirth to calculate certain statistics;
15	authorizing a parent to request a certificate of birth
16	resulting in stillbirth without regard to the date on
17	which the certificate of fetal death was issued;
18	prohibiting certain persons from obtaining a certificate
19	of birth resulting in stillbirth; authorizing the Office
20	of Vital Statistics to charge a fee; requiring a
21	certificate of birth resulting in stillbirth to contain
22	certain information; requiring the department to adopt
23	rules; amending s. 382.0255, F.S.; authorizing the
24	department to collect fees for a search or retrieval of a
25	certificate of birth resulting in stillbirth; providing an
26	effective date.
27
28	Be It Enacted by the Legislature of the State of Florida:
29
30	Section 1.  Section 382.002, Florida Statutes, is amended
31	to read:
32	382.002  Definitions.--As used in this chapter, the term:
33	(1)  "Certificate of birth resulting in stillbirth" means a
34	certificate issued to record the birth of a stillborn child.
35	(2)(1)  "Certification" or "certified" means a document
36	containing all or a part of the exact information contained on
37	the original vital record, and which, when issued by the State
38	Registrar, has the full force and effect of the original vital
39	record.
40	(3)(2)  "Dead body" means a human body or such parts of a
41	human body from the condition of which it reasonably may be
42	concluded that death recently occurred.
43	(4)(3)  "Department" means the Department of Health.
44	(5)(4)  "Dissolution of marriage" includes an annulment of
45	marriage.
46	(6)(5)  "Fetal death" means death prior to the complete
47	expulsion or extraction of a product of human conception from
48	its mother if the 20th week of gestation has been reached and
49	the death is indicated by the fact that after such expulsion or
50	extraction the fetus does not breathe or show any other evidence
51	of life such as beating of the heart, pulsation of the umbilical
52	cord, or definite movement of voluntary muscles.
53	(7)(6)  "Final disposition" means the burial, interment,
54	cremation, removal from the state, or other authorized
55	disposition of a dead body or a fetus as described in subsection
56	(6) (5). In the case of cremation, dispersion of ashes or
57	cremation residue is considered to occur after final
58	disposition; the cremation itself is considered final
59	disposition.
60	(8)(7)  "Funeral director" means a licensed funeral
61	director or direct disposer licensed pursuant to chapter 497 or
62	other person who first assumes custody of or effects the final
63	disposition of a dead body or a fetus as described in subsection
64	(6) (5).
65	(9)(8)  "Legal age" means a person who is not a minor, or a
66	minor who has had the disability of nonage removed as provided
67	under chapter 743.
68	(10)(9)  "Live birth" means the complete expulsion or
69	extraction of a product of human conception from its mother,
70	irrespective of the duration of pregnancy, which, after such
71	expulsion, breathes or shows any other evidence of life such as
72	beating of the heart, pulsation of the umbilical cord, and
73	definite movement of the voluntary muscles, whether or not the
74	umbilical cord has been cut or the placenta is attached.
75	(11)(10)  "Medical examiner" means a person appointed
76	pursuant to chapter 406.
77	(12)(11)  "Physician" means a person authorized to practice
78	medicine, osteopathic medicine, or chiropractic medicine
79	pursuant to chapter 458, chapter 459, or chapter 460.
80	(13)(12)  "Registrant" means the child entered on a birth
81	certificate, the deceased entered on a death certificate, and
82	the husband or wife entered on a marriage or dissolution of
83	marriage record.
84	(14)  "Stillbirth" means an unintended, intrauterine fetal
85	death after a gestational age of not less than 20 completed
86	weeks.
87	(15)(13)  "Vital records" or "records" means certificates
88	or reports of birth, death, fetal death, marriage, dissolution
89	of marriage, name change filed pursuant to s. 68.07, and data
90	related thereto.
91	(16)(14)  "Vital statistics" means a system of
92	registration, collection, preservation, amendment, and
93	certification of vital records, the collection of other reports
94	required by this act, and activities related thereto, including
95	the tabulation, analysis, and publication of data obtained from
96	vital records.
97	Section 2.  Section 382.0085, Florida Statutes, is created
98	to read:
99	382.0085  Stillbirth registration.--
100	(1)  The person who is required to file a fetal death
101	certificate under this chapter shall advise the parent of a
102	stillborn child:
103	(a)  That the parent may request the preparation of a
104	certificate of birth resulting in stillbirth;
105	(b)  That the parent may obtain a certificate of birth
106	resulting in stillbirth by contacting the Office of Vital
107	Statistics; and
108	(c)  How the parent may contact the Office of Vital
109	Statistics to request a certificate of birth resulting in
110	stillbirth.
111	(2)  To order a certificate of birth resulting in a
112	stillbirth, a parent may provide a name for a stillborn child,
113	the date of the event, and the county in which the event
114	occurred on the request for a certificate of birth resulting in
115	stillbirth. If a name does not appear on the fetal death
116	certificate and the requesting parent does not wish to provide a
117	name, the Office of Vital Statistics shall fill in the
118	certificate with the name "baby boy" or "baby girl" and the last
119	name of the parent. The name of the stillborn child provided on
120	or later added by amendment to the certificate of birth
121	resulting in stillbirth must be the same name as placed on the
122	original or amended certificate of the fetal death report
123	pursuant to s. 382.008.
124	(3)  A certificate of birth resulting in stillbirth must
125	include the state file number of the corresponding certificate
126	of fetal death.
127	(4)  By September 1, 2006, the department shall prescribe
128	by rule the form and content of a certificate of birth resulting
129	in stillbirth and shall specify the information necessary to
130	prepare the certificate.
131	(5)  The Office of Vital Statistics may not use a
132	certificate of birth resulting in stillbirth to calculate live
133	birth statistics.
134	(6)  A parent may request that the Office of Vital
135	Statistics issue a certificate of birth resulting in stillbirth
136	regardless of the date on which the certificate of fetal death
137	was issued.
138	(7)  A certificate of birth resulting in stillbirth may not
139	be issued to any person other than a parent listed on the fetal
140	death certificate. A refusal by the Office of Vital Statistics
141	to issue a certificate to a person who is not entitled to a
142	certificate of birth resulting in stillbirth constitutes final
143	agency action and is not subject to review under chapter 120.
144	(8)  The Office of Vital Statistics may charge a fee for
145	the certificate of birth resulting in stillbirth pursuant to s.
146	382.0255.
147	(9)  A certificate of birth resulting in stillbirth must
148	contain the statement "This certificate is not proof of a live
149	birth."
150	(10)  The department shall adopt rules to administer this
151	section.
152	Section 3.  Paragraph (a) of subsection (1) of section
153	382.0255, Florida Statutes, is amended to read:
154	382.0255  Fees.--
155	(1)  The department is entitled to fees, as follows:
156	(a)  Not less than $3 or more than $5 for the first
157	calendar year of records searched or retrieved, including a
158	certificate of birth resulting in stillbirth, and a computer
159	certification of the record, a photocopy or birth card if a
160	computer certification is not available, or, if a no record is
161	not located, a certified statement to that effect. An additional
162	fee of not less than $3 or more than $5 if a photocopy is
163	requested in place of or in addition to a computer
164	certification. Additional fees of not less than $1 or more than
165	$2, up to a maximum total of $50, shall be charged for
166	additional calendar years of records searched or retrieved.
167	Section 4.  This act shall take effect July 1, 2006.

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