HB 0439CS

CHAMBER ACTION



1The Governmental Operations Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to certificates of birth and death;
7amending s. 382.002, F.S.; providing definitions; amending
8s. 382.008, F.S.; authorizing the local registrar of the
9Office of Vital Statistics of the Department of Health to
10receive electronically the certificate of death or fetal
11death which is required to be filed with the local
12registrar; creating s. 382.0085, F.S.; requiring the
13Department of Health to issue a certificate of birth
14resulting in stillbirth upon request of specified parent;
15requiring that the person required to file the fetal death
16certificate advise a parent of a stillborn child about the
17availability of a certificate of birth resulting in
18stillbirth; requiring that the person required to file the
19fetal death certificate inform a parent of a stillborn
20child that copies of the birth certificate resulting in
21stillbirth may be available as a public record; requiring
22the form prescribed by the department by rule to contain
23specified information; designating the certificate of
24birth resulting in stillbirth as a public record;
25authorizing a parent to request a certificate of birth
26resulting in stillbirth without regard to the date on
27which the certificate of fetal death was issued;
28designating the refusal to issue a certificate of birth
29resulting in stillbirth to certain persons as final agency
30action not subject to administrative review; prohibiting
31the use of certificates of birth resulting in stillbirth
32to calculate live birth statistics; requiring rulemaking
33by the department for the certificate of birth resulting
34in stillbirth; prohibiting specified provisions of law
35from being used in certain civil actions; amending s.
36382.013, F.S.; authorizing the local registrar of the
37Office of Vital Statistics of the Department of Health to
38receive electronically the birth certificate for each live
39birth that is required to be filed with the local
40registrar; amending s. 382.0255, F.S.; authorizing the
41Department of Health to collect fees for a certificate of
42birth resulting in stillbirth; providing an effective
43date.
44
45Be It Enacted by the Legislature of the State of Florida:
46
47     Section 1.  Section 382.002, Florida Statutes, is amended
48to read:
49     382.002  Definitions.--As used in this chapter, the term:
50     (1)  "Certificate of birth resulting in stillbirth" means a
51certificate issued to record the birth of a stillborn child.
52     (2)(1)  "Certification" or "certified" means a document
53containing all or a part of the exact information contained on
54the original vital record, and which, when issued by the State
55Registrar, has the full force and effect of the original vital
56record.
57     (3)(2)  "Dead body" means a human body or such parts of a
58human body from the condition of which it reasonably may be
59concluded that death recently occurred.
60     (4)(3)  "Department" means the Department of Health.
61     (5)(4)  "Dissolution of marriage" includes an annulment of
62marriage.
63     (6)(5)  "Fetal death" means death prior to the complete
64expulsion or extraction of a product of human conception from
65its mother if the 20th week of gestation has been reached and
66the death is indicated by the fact that after such expulsion or
67extraction the fetus does not breathe or show any other evidence
68of life such as beating of the heart, pulsation of the umbilical
69cord, or definite movement of voluntary muscles.
70     (7)(6)  "Final disposition" means the burial, interment,
71cremation, removal from the state, or other authorized
72disposition of a dead body or a fetus as described in subsection
73(6) (5). In the case of cremation, dispersion of ashes or
74cremation residue is considered to occur after final
75disposition; the cremation itself is considered final
76disposition.
77     (8)(7)  "Funeral director" means a licensed funeral
78director or direct disposer licensed pursuant to chapter 497 or
79other person who first assumes custody of or effects the final
80disposition of a dead body or a fetus as described in subsection
81(6) (5).
82     (9)(8)  "Legal age" means a person who is not a minor, or a
83minor who has had the disability of nonage removed as provided
84under chapter 743.
85     (10)(9)  "Live birth" means the complete expulsion or
86extraction of a product of human conception from its mother,
87irrespective of the duration of pregnancy, which, after such
88expulsion, breathes or shows any other evidence of life such as
89beating of the heart, pulsation of the umbilical cord, and
90definite movement of the voluntary muscles, whether or not the
91umbilical cord has been cut or the placenta is attached.
92     (11)(10)  "Medical examiner" means a person appointed
93pursuant to chapter 406.
94     (12)(11)  "Physician" means a person authorized to practice
95medicine, osteopathic medicine, or chiropractic medicine
96pursuant to chapter 458, chapter 459, or chapter 460.
97     (13)(12)  "Registrant" means the child entered on a birth
98certificate, the deceased entered on a death certificate, and
99the husband or wife entered on a marriage or dissolution of
100marriage record.
101     (14)  "Stillbirth" means an unintended, intrauterine fetal
102death after a gestational age of not less than 20 completed
103weeks.
104     (15)(13)  "Vital records" or "records" means certificates
105or reports of birth, death, fetal death, marriage, dissolution
106of marriage, name change filed pursuant to s. 68.07, and data
107related thereto.
108     (16)(14)  "Vital statistics" means a system of
109registration, collection, preservation, amendment, and
110certification of vital records, the collection of other reports
111required by this act, and activities related thereto, including
112the tabulation, analysis, and publication of data obtained from
113vital records.
114     Section 2.  Subsection (2) of section 382.008, Florida
115Statutes, is amended to read:
116     382.008  Death and fetal death registration.--
117     (2)(a)  The funeral director who first assumes custody of a
118dead body or fetus shall file the certificate of death or fetal
119death. In the absence of the funeral director, the physician or
120other person in attendance at or after the death shall file the
121certificate of death or fetal death. The person who files the
122certificate shall obtain personal data from the next of kin or
123the best qualified person or source available. The medical
124certification of cause of death shall be furnished to the
125funeral director, either in person or via certified mail, by the
126physician or medical examiner responsible for furnishing such
127information. For fetal deaths, the physician, midwife, or
128hospital administrator shall provide any medical or health
129information to the funeral director within 72 hours after
130expulsion or extraction.
131     (b)  The local registrar may receive electronically a
132certificate of death or fetal death which is required to be
133filed with the registrar under this chapter through facsimile or
134other electronic transfer for the purpose of filing the
135certificate. The receipt of a certificate of death or fetal
136death by electronic transfer constitutes delivery to the local
137registrar as required by law.
138     Section 3.  Section 382.0085, Florida Statutes, is created
139to read:
140     382.0085  Stillbirth registration.--
141     (1)  For any stillborn child in this state, the department
142shall issue a certificate of birth resulting in stillbirth
143within 60 days after a parent named on a fetal death certificate
144submits a request for a certificate of birth resulting in
145stillbirth.
146     (2)  The person who is required to file a fetal death
147certificate under this chapter shall advise the parent of a
148stillborn child:
149     (a)  That the parent may request the preparation of a
150certificate of birth resulting in stillbirth in addition to the
151fetal death certificate.
152     (b)  That the parent may obtain a certificate of birth
153resulting in stillbirth by contacting the Office of Vital
154Statistics.
155     (c)  How the parent may contact the Office of Vital
156Statistics to request a certificate of birth resulting in
157stillbirth.
158     (d)  That a copy of the original certificate of birth
159resulting in stillbirth is a document that is available as a
160public record when held by an agency as defined under s.
161119.011(2).
162     (3)  The request for a certificate of birth resulting in
163stillbirth shall be on a form prescribed by the department by
164rule and must include the date of the stillbirth and the county
165in which the stillbirth occurred. The request form shall include
166a space for the parent requesting the certificate of birth
167resulting in stillbirth to fill in the state file number of the
168corresponding certificate of fetal death pursuant to s. 382.008,
169if known.
170     (4)  The certificate of birth resulting in stillbirth shall
171contain:
172     (a)  The date of the stillbirth.
173     (b)  The county in which the stillbirth occurred.
174     (c)  The name of the stillborn child as provided on the
175original or amended certificate of fetal death pursuant to s.
176382.008. If a name does not appear on the original or amended
177certificate of fetal death and the requesting parent does not
178wish to provide a name, the Office of Vital Statistics shall
179fill in the certificate of birth resulting in stillbirth with
180the name "baby boy" or "baby girl" and the last name of the
181parents as provided in s. 382.013(3).
182     (d)  The state file number of the corresponding certificate
183of fetal death.
184     (e)  The following statement: "This certificate is not
185proof of live birth."
186     (5)  A certificate of birth resulting in stillbirth shall
187be a public record when held by an agency as defined under s.
188119.011(2). The Office of Vital Statistics must inform any
189parent who requests a certificate of birth resulting in
190stillbirth that a copy of the document is available as a public
191record.
192     (6)  A parent may request that the Office of Vital
193Statistics issue a certificate of birth resulting in stillbirth
194regardless of the date on which the certificate of fetal death
195was issued.
196     (7)  It is final agency action, not subject to review under
197chapter 120, for the Office of Vital Statistics to refuse to
198issue a certificate to a person who is not a parent named on the
199fetal death certificate and who is not entitled to a certificate
200of birth resulting in stillbirth.
201     (8)  The Office of Vital Statistics may not use a
202certificate of birth resulting in stillbirth to calculate live
203birth statistics.
204     (9)  The department shall prescribe by rules adopted
205pursuant to ss. 120.536(1) and 120.54, the form and content of
206and process for issuing the certificate of birth resulting in
207stillbirth.
208     (10)  Nothing in this section or s. 382.002(14) may be used
209to establish, bring, or support a civil cause of action seeking
210damages against any person or entity for bodily injury, personal
211injury, or wrongful death for a stillbirth.
212     Section 4.  Paragraph (h) is added to subsection (1) of
213section 382.013, Florida Statutes, to read:
214     382.013  Birth registration.--A certificate for each live
215birth that occurs in this state shall be filed within 5 days
216after such birth with the local registrar of the district in
217which the birth occurred and shall be registered by the local
218registrar if the certificate has been completed and filed in
219accordance with this chapter and adopted rules. The information
220regarding registered births shall be used for comparison with
221information in the state case registry, as defined in chapter
22261.
223     (1)  FILING.--
224     (h)  The local registrar may receive electronically a birth
225certificate for each live birth which is required to be filed
226with the registrar under this chapter through facsimile or other
227electronic transfer for the purpose of filing the birth
228certificate. The receipt of a birth certificate by electronic
229transfer constitutes delivery to the local registrar as required
230by law.
231     Section 5.  Paragraph (j) is added to subsection (1) of
232section 382.0255, Florida Statutes, to read:
233     382.0255  Fees.--
234     (1)  The department is entitled to fees, as follows:
235     (j)  Not less than $3 or more than $5 for processing and
236filing a new certificate of birth resulting in stillbirth
237pursuant to s. 382.0085.
238     Section 6.  This act shall take effect July 1, 2006.


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