HB 0439CS

CHAMBER ACTION



1The Health & Families Council 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;
7providing a short title; amending s. 382.002, F.S.;
8providing definitions; amending s. 382.008, F.S.;
9authorizing the State Registrar of the Office of Vital
10Statistics of the Department of Health to receive
11electronically the certificate of death or fetal death
12which is required to be filed with the local registrar;
13creating s. 382.0085, F.S.; requiring the Department of
14Health to issue a certificate of birth resulting in
15stillbirth upon request of a specified parent; requiring
16that the person required to file the fetal death
17certificate advise a parent of a stillborn child about the
18availability of a certificate of birth resulting in
19stillbirth; requiring that the person required to file the
20fetal death certificate inform a parent of a stillborn
21child that copies of the birth certificate resulting in
22stillbirth may be available as a public record; requiring
23the form prescribed by the department by rule to contain
24specified information; designating the certificate of
25birth resulting in stillbirth as a public record;
26authorizing a parent to request a certificate of birth
27resulting in stillbirth without regard to the date on
28which the certificate of fetal death was issued;
29designating the refusal to issue a certificate of birth
30resulting in stillbirth to certain persons as final agency
31action not subject to administrative review; prohibiting
32the use of certificates of birth resulting in stillbirth
33to calculate live birth statistics; requiring rulemaking
34by the department for the certificate of birth resulting
35in stillbirth; prohibiting specified provisions of law
36from being used in certain civil actions; amending s.
37382.013, F.S.; authorizing the State Registrar of the
38Office of Vital Statistics of the Department of Health to
39receive electronically the birth certificate for each live
40birth that is required to be filed with the local
41registrar; amending s. 382.0255, F.S.; authorizing the
42Department of Health to collect fees for a certificate of
43birth resulting in stillbirth; providing an effective
44date.
45
46Be It Enacted by the Legislature of the State of Florida:
47
48     Section 1.  Short title.--This act may be cited as
49"Katherine's Law."
50     Section 2.  Section 382.002, Florida Statutes, is amended
51to read:
52     382.002  Definitions.--As used in this chapter, the term:
53     (1)  "Certificate of birth resulting in stillbirth" means a
54certificate issued to record the birth of a stillborn child.
55     (2)(1)  "Certification" or "certified" means a document
56containing all or a part of the exact information contained on
57the original vital record, and which, when issued by the State
58Registrar, has the full force and effect of the original vital
59record.
60     (3)(2)  "Dead body" means a human body or such parts of a
61human body from the condition of which it reasonably may be
62concluded that death recently occurred.
63     (4)(3)  "Department" means the Department of Health.
64     (5)(4)  "Dissolution of marriage" includes an annulment of
65marriage.
66     (6)(5)  "Fetal death" means death prior to the complete
67expulsion or extraction of a product of human conception from
68its mother if the 20th week of gestation has been reached and
69the death is indicated by the fact that after such expulsion or
70extraction the fetus does not breathe or show any other evidence
71of life such as beating of the heart, pulsation of the umbilical
72cord, or definite movement of voluntary muscles.
73     (7)(6)  "Final disposition" means the burial, interment,
74cremation, removal from the state, or other authorized
75disposition of a dead body or a fetus as described in subsection
76(6) (5). In the case of cremation, dispersion of ashes or
77cremation residue is considered to occur after final
78disposition; the cremation itself is considered final
79disposition.
80     (8)(7)  "Funeral director" means a licensed funeral
81director or direct disposer licensed pursuant to chapter 497 or
82other person who first assumes custody of or effects the final
83disposition of a dead body or a fetus as described in subsection
84(6) (5).
85     (9)(8)  "Legal age" means a person who is not a minor, or a
86minor who has had the disability of nonage removed as provided
87under chapter 743.
88     (10)(9)  "Live birth" means the complete expulsion or
89extraction of a product of human conception from its mother,
90irrespective of the duration of pregnancy, which, after such
91expulsion, breathes or shows any other evidence of life such as
92beating of the heart, pulsation of the umbilical cord, and
93definite movement of the voluntary muscles, whether or not the
94umbilical cord has been cut or the placenta is attached.
95     (11)(10)  "Medical examiner" means a person appointed
96pursuant to chapter 406.
97     (12)(11)  "Physician" means a person authorized to practice
98medicine, osteopathic medicine, or chiropractic medicine
99pursuant to chapter 458, chapter 459, or chapter 460.
100     (13)(12)  "Registrant" means the child entered on a birth
101certificate, the deceased entered on a death certificate, and
102the husband or wife entered on a marriage or dissolution of
103marriage record.
104     (14)  "Stillbirth" means an unintended, intrauterine fetal
105death after a gestational age of not less than 20 completed
106weeks.
107     (15)(13)  "Vital records" or "records" means certificates
108or reports of birth, death, fetal death, marriage, dissolution
109of marriage, name change filed pursuant to s. 68.07, and data
110related thereto.
111     (16)(14)  "Vital statistics" means a system of
112registration, collection, preservation, amendment, and
113certification of vital records, the collection of other reports
114required by this act, and activities related thereto, including
115the tabulation, analysis, and publication of data obtained from
116vital records.
117     Section 3.  Subsection (2) of section 382.008, Florida
118Statutes, is amended to read:
119     382.008  Death and fetal death registration.--
120     (2)(a)  The funeral director who first assumes custody of a
121dead body or fetus shall file the certificate of death or fetal
122death. In the absence of the funeral director, the physician or
123other person in attendance at or after the death shall file the
124certificate of death or fetal death. The person who files the
125certificate shall obtain personal data from the next of kin or
126the best qualified person or source available. The medical
127certification of cause of death shall be furnished to the
128funeral director, either in person or via certified mail, by the
129physician or medical examiner responsible for furnishing such
130information. For fetal deaths, the physician, midwife, or
131hospital administrator shall provide any medical or health
132information to the funeral director within 72 hours after
133expulsion or extraction.
134     (b)  The State Registrar may receive electronically a
135certificate of death or fetal death which is required to be
136filed with the local registrar under this chapter through
137facsimile or other electronic transfer for the purpose of filing
138the certificate. The receipt of a certificate of death or fetal
139death by electronic transfer constitutes delivery to the State
140Registrar as required by law.
141     Section 4.  Section 382.0085, Florida Statutes, is created
142to read:
143     382.0085  Stillbirth registration.--
144     (1)  For any stillborn child in this state, the department
145shall issue a certificate of birth resulting in stillbirth
146within 60 days after a parent named on a fetal death certificate
147submits a request for a certificate of birth resulting in
148stillbirth.
149     (2)  The person who is required to file a fetal death
150certificate under this chapter shall advise the parent of a
151stillborn child:
152     (a)  That the parent may request the preparation of a
153certificate of birth resulting in stillbirth in addition to the
154fetal death certificate.
155     (b)  That the parent may obtain a certificate of birth
156resulting in stillbirth by contacting the Office of Vital
157Statistics.
158     (c)  How the parent may contact the Office of Vital
159Statistics to request a certificate of birth resulting in
160stillbirth.
161     (d)  That a copy of the original certificate of birth
162resulting in stillbirth is a document that is available as a
163public record when held by an agency as defined under s.
164119.011(2).
165     (3)  The request for a certificate of birth resulting in
166stillbirth shall be on a form prescribed by the department by
167rule and must include the date of the stillbirth and the county
168in which the stillbirth occurred. The request form shall include
169a space for the parent requesting the certificate of birth
170resulting in stillbirth to fill in the state file number of the
171corresponding certificate of fetal death pursuant to s. 382.008,
172if known.
173     (4)  The certificate of birth resulting in stillbirth shall
174contain:
175     (a)  The date of the stillbirth.
176     (b)  The county in which the stillbirth occurred.
177     (c)  The name of the stillborn child as provided on the
178original or amended certificate of fetal death pursuant to s.
179382.008. If a name does not appear on the original or amended
180certificate of fetal death and the requesting parent does not
181wish to provide a name, the Office of Vital Statistics shall
182fill in the certificate of birth resulting in stillbirth with
183the name "baby boy" or "baby girl" and the last name of the
184parents as provided in s. 382.013(3).
185     (d)  The state file number of the corresponding certificate
186of fetal death.
187     (e)  The following statement: "This certificate is not
188proof of live birth."
189     (5)  A certificate of birth resulting in stillbirth shall
190be a public record when held by an agency as defined under s.
191119.011(2). The Office of Vital Statistics must inform any
192parent who requests a certificate of birth resulting in
193stillbirth that a copy of the document is available as a public
194record.
195     (6)  A parent may request that the Office of Vital
196Statistics issue a certificate of birth resulting in stillbirth
197regardless of the date on which the certificate of fetal death
198was issued.
199     (7)  It is final agency action, not subject to review under
200chapter 120, for the Office of Vital Statistics to refuse to
201issue a certificate to a person who is not a parent named on the
202fetal death certificate and who is not entitled to a certificate
203of birth resulting in stillbirth.
204     (8)  The Office of Vital Statistics may not use a
205certificate of birth resulting in stillbirth to calculate live
206birth statistics.
207     (9)  The department shall prescribe by rules adopted
208pursuant to ss. 120.536(1) and 120.54, the form and content of
209and process for issuing the certificate of birth resulting in
210stillbirth.
211     (10)  Nothing in this section or s. 382.002(14) may be used
212to establish, bring, or support a civil cause of action seeking
213damages against any person or entity for bodily injury, personal
214injury, or wrongful death for a stillbirth.
215     Section 5.  Paragraph (h) is added to subsection (1) of
216section 382.013, Florida Statutes, to read:
217     382.013  Birth registration.--A certificate for each live
218birth that occurs in this state shall be filed within 5 days
219after such birth with the local registrar of the district in
220which the birth occurred and shall be registered by the local
221registrar if the certificate has been completed and filed in
222accordance with this chapter and adopted rules. The information
223regarding registered births shall be used for comparison with
224information in the state case registry, as defined in chapter
22561.
226     (1)  FILING.--
227     (h)  The State Registrar may receive electronically a birth
228certificate for each live birth which is required to be filed
229with the local registrar under this chapter through facsimile or
230other electronic transfer for the purpose of filing the birth
231certificate. The receipt of a birth certificate by electronic
232transfer constitutes delivery to the State Registrar as required
233by law.
234     Section 6.  Paragraph (j) is added to subsection (1) of
235section 382.0255, Florida Statutes, to read:
236     382.0255  Fees.--
237     (1)  The department is entitled to fees, as follows:
238     (j)  Not less than $3 or more than $5 for processing and
239filing a new certificate of birth resulting in stillbirth
240pursuant to s. 382.0085.
241     Section 7.  This act shall take effect July 1, 2006.


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