HB 0439

CS

CHAMBER ACTION

1	The Health Care Regulation Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to certificate of birth resulting in
7	stillbirth; amending s. 382.002, F.S.; providing
8	definitions; creating s. 382.0085, F.S.; requiring that
9	the person required to file the fetal death certificate
10	advise a parent of a stillborn child about the
11	availability of a certificate of birth resulting in
12	stillbirth; requiring that the person required to file the
13	fetal death certificate inform a parent of a stillborn
14	child that copies of the birth certificate resulting in
15	stillbirth may be available as a public record;
16	authorizing the parent to name the stillborn child on a
17	certificate; requiring a state file number for the
18	certificate; requiring the Department of Health to
19	prescribe the form and content of the certificate by rule;
20	prohibiting the Office of Vital Statistics within the
21	Department of Health from using a certificate of birth
22	resulting in stillbirth to calculate certain statistics;
23	authorizing a parent to request a certificate of birth
24	resulting in stillbirth without regard to the date on
25	which the certificate of fetal death was issued;
26	authorizing certain parents to request a certificate of
27	birth resulting in stillbirth from the Office of Vital
28	Statistics; requiring the Office of Vital Statistics to
29	inform such parents that a copy of a certificate of birth
30	resulting in stillbirth may be available as a public
31	record; authorizing the Office of Vital Statistics to
32	charge a fee; requiring a certificate of birth resulting
33	in stillbirth to contain certain information; requiring
34	the department to adopt rules; amending s. 382.0255, F.S.;
35	authorizing the department to collect fees for a search or
36	retrieval of a certificate of birth resulting in
37	stillbirth; providing an effective date.
38
39	Be It Enacted by the Legislature of the State of Florida:
40
41	Section 1.  Section 382.002, Florida Statutes, is amended
42	to read:
43	382.002  Definitions.--As used in this chapter, the term:
44	(1)  "Certificate of birth resulting in stillbirth" means a
45	certificate issued to record the birth of a stillborn child.
46	(2)(1)  "Certification" or "certified" means a document
47	containing all or a part of the exact information contained on
48	the original vital record, and which, when issued by the State
49	Registrar, has the full force and effect of the original vital
50	record.
51	(3)(2)  "Dead body" means a human body or such parts of a
52	human body from the condition of which it reasonably may be
53	concluded that death recently occurred.
54	(4)(3)  "Department" means the Department of Health.
55	(5)(4)  "Dissolution of marriage" includes an annulment of
56	marriage.
57	(6)(5)  "Fetal death" means death prior to the complete
58	expulsion or extraction of a product of human conception from
59	its mother if the 20th week of gestation has been reached and
60	the death is indicated by the fact that after such expulsion or
61	extraction the fetus does not breathe or show any other evidence
62	of life such as beating of the heart, pulsation of the umbilical
63	cord, or definite movement of voluntary muscles.
64	(7)(6)  "Final disposition" means the burial, interment,
65	cremation, removal from the state, or other authorized
66	disposition of a dead body or a fetus as described in subsection
67	(6) (5). In the case of cremation, dispersion of ashes or
68	cremation residue is considered to occur after final
69	disposition; the cremation itself is considered final
70	disposition.
71	(8)(7)  "Funeral director" means a licensed funeral
72	director or direct disposer licensed pursuant to chapter 497 or
73	other person who first assumes custody of or effects the final
74	disposition of a dead body or a fetus as described in subsection
75	(6) (5).
76	(9)(8)  "Legal age" means a person who is not a minor, or a
77	minor who has had the disability of nonage removed as provided
78	under chapter 743.
79	(10)(9)  "Live birth" means the complete expulsion or
80	extraction of a product of human conception from its mother,
81	irrespective of the duration of pregnancy, which, after such
82	expulsion, breathes or shows any other evidence of life such as
83	beating of the heart, pulsation of the umbilical cord, and
84	definite movement of the voluntary muscles, whether or not the
85	umbilical cord has been cut or the placenta is attached.
86	(11)(10)  "Medical examiner" means a person appointed
87	pursuant to chapter 406.
88	(12)(11)  "Physician" means a person authorized to practice
89	medicine, osteopathic medicine, or chiropractic medicine
90	pursuant to chapter 458, chapter 459, or chapter 460.
91	(13)(12)  "Registrant" means the child entered on a birth
92	certificate, the deceased entered on a death certificate, and
93	the husband or wife entered on a marriage or dissolution of
94	marriage record.
95	(14)  "Stillbirth" means an unintended, intrauterine fetal
96	death after a gestational age of not less than 20 completed
97	weeks.
98	(15)(13)  "Vital records" or "records" means certificates
99	or reports of birth, death, fetal death, marriage, dissolution
100	of marriage, name change filed pursuant to s. 68.07, and data
101	related thereto.
102	(16)(14)  "Vital statistics" means a system of
103	registration, collection, preservation, amendment, and
104	certification of vital records, the collection of other reports
105	required by this act, and activities related thereto, including
106	the tabulation, analysis, and publication of data obtained from
107	vital records.
108	Section 2.  Section 382.0085, Florida Statutes, is created
109	to read:
110	382.0085  Stillbirth registration.--
111	(1)  The person who is required to file a fetal death
112	certificate under this chapter shall advise the parent of a
113	stillborn child:
114	(a)  That the parent may request the preparation of a
115	certificate of birth resulting in stillbirth;
116	(b)  That the parent may obtain a certificate of birth
117	resulting in stillbirth by contacting the Office of Vital
118	Statistics;
119	(c)  How the parent may contact the Office of Vital
120	Statistics to request a certificate of birth resulting in
121	stillbirth; and
122	(d)  That a copy of the original certificate of birth
123	resulting in stillbirth is a document that is available as a
124	public record when held by an agency as defined under s.
125	119.011(2).
126	(2)  To order a certificate of birth resulting in a
127	stillbirth, a parent may provide a name for a stillborn child,
128	the date of the event, and the county in which the event
129	occurred on the request for a certificate of birth resulting in
130	stillbirth. If a name does not appear on the fetal death
131	certificate and the requesting parent does not wish to provide a
132	name, the Office of Vital Statistics shall fill in the
133	certificate with the name "baby boy" or "baby girl" and the last
134	name of the parent. The name of the stillborn child provided on
135	or later added by amendment to the certificate of birth
136	resulting in stillbirth must be the same name as placed on the
137	original or amended certificate of the fetal death report
138	pursuant to s. 382.008.
139	(3)  A certificate of birth resulting in stillbirth must
140	include the state file number of the corresponding certificate
141	of fetal death.
142	(4)  The department shall prescribe by rule the form and
143	content of a certificate of birth resulting in stillbirth and
144	shall specify the information necessary to prepare the
145	certificate.
146	(5)  The Office of Vital Statistics may not use a
147	certificate of birth resulting in stillbirth to calculate live
148	birth statistics.
149	(6)  A parent may request that the Office of Vital
150	Statistics issue a certificate of birth resulting in stillbirth
151	regardless of the date on which the certificate of fetal death
152	was issued.
153	(7)  Only a parent named on a fetal death certificate may
154	request that the Office of Vital Statistics issue a certificate
155	of birth resulting in stillbirth. The Office of Vital Statistics
156	must inform any parent who requests a certificate of birth
157	resulting in stillbirth that a copy of the document is available
158	as a public record when held by an agency as defined under s.
159	119.011(2). A refusal by the Office of Vital Statistics to issue
160	a certificate to a person who is not entitled to a certificate
161	of birth resulting in stillbirth constitutes final agency action
162	and is not subject to review under chapter 120.
163	(8)  The Office of Vital Statistics may charge a fee for
164	the certificate of birth resulting in stillbirth pursuant to s.
165	382.0255.
166	(9)  A certificate of birth resulting in stillbirth must
167	contain the statement "This certificate is not proof of a live
168	birth."
169	(10)  The department shall adopt rules pursuant to ss.
170	120.536(1) and 120.54 to administer this section.
171	Section 3.  Paragraph (a) of subsection (1) of section
172	382.0255, Florida Statutes, is amended to read:
173	382.0255  Fees.--
174	(1)  The department is entitled to fees, as follows:
175	(a)  Not less than $3 or more than $5 for the first
176	calendar year of records searched or retrieved, including a
177	certificate of birth resulting in stillbirth, and a computer
178	certification of the record, a photocopy or birth card if a
179	computer certification is not available, or, if a no record is
180	not located, a certified statement to that effect. An additional
181	fee of not less than $3 or more than $5 if a photocopy is
182	requested in place of or in addition to a computer
183	certification. Additional fees of not less than $1 or more than
184	$2, up to a maximum total of $50, shall be charged for
185	additional calendar years of records searched or retrieved.
186	Section 4.  This act shall take effect July 1, 2006.

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