Senate Bill sb0746er

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    2006 Legislature                  CS for SB 746, 2nd Engrossed



  1                                 

  2         An act relating to certificates of birth and

  3         death; creating "Katherine's Law"; amending s.

  4         382.002, F.S.; providing definitions; amending

  5         s. 382.008, F.S.; authorizing the State

  6         Registrar of the Office of Vital Statistics of

  7         the Department of Health to receive

  8         electronically the certificate of death or

  9         fetal death which is required to be filed with

10         the local registrar; creating s. 382.0085,

11         F.S.; requiring the Department of Health to

12         issue a certificate of birth resulting in

13         stillbirth upon request of specified parent;

14         requiring that the person required to file the

15         fetal death certificate advise a parent of a

16         stillborn child about the availability of a

17         certificate of birth resulting in stillbirth;

18         requiring that the person required to file the

19         fetal death certificate inform a parent of a

20         stillborn child that copies of the birth

21         certificate resulting in stillbirth may be

22         available as a public record; requiring the use

23         of a form prescribed by the Department of

24         Health and the provision of specified

25         information to request a certificate of birth

26         resulting in stillbirth; providing requirements

27         for the certificate of birth resulting in

28         stillbirth; designating the certificate of

29         birth resulting in stillbirth as a public

30         record; authorizing a parent to request a

31         certificate of birth resulting in stillbirth


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    2006 Legislature                  CS for SB 746, 2nd Engrossed



 1         without regard to the date on which the

 2         certificate of fetal death was issued;

 3         designating the refusal to issue a certificate

 4         of birth resulting in stillbirth to certain

 5         persons as final agency action that is not

 6         subject to administrative review; prohibiting

 7         the use of certificates of birth resulting in

 8         stillbirth to calculate live birth statistics;

 9         prohibiting provisions from being used in

10         certain civil actions; authorizing rulemaking

11         by the Department of Health for the certificate

12         of birth resulting in stillbirth; amending s.

13         382.013, F.S.; authorizing the State Registrar

14         of the Office of Vital Statistics of the

15         Department of Health to receive electronically

16         the birth certificate for each live birth that

17         is required to be filed with the local

18         registrar; amending s. 382.0255, F.S.;

19         authorizing the Department of Health to collect

20         fees for a certificate of birth resulting in

21         stillbirth; providing an effective date.

22  

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

24  

25         Section 1.  Short title.--This act may be cited as

26  "Katherine's Law."

27         Section 2.  Section 382.002, Florida Statutes, is

28  amended to read:

29         382.002  Definitions.--As used in this chapter, the

30  term:

31  


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    2006 Legislature                  CS for SB 746, 2nd Engrossed



 1         (1)  "Certificate of birth resulting in stillbirth"

 2  means a certificate issued to record and memorialize the birth

 3  of a stillborn child.

 4         (2)(1)  "Certification" or "certified" means a document

 5  containing all or a part of the exact information contained on

 6  the original vital record, and which, when issued by the State

 7  Registrar, has the full force and effect of the original vital

 8  record.

 9         (3)(2)  "Dead body" means a human body or such parts of

10  a human body from the condition of which it reasonably may be

11  concluded that death recently occurred.

12         (4)(3)  "Department" means the Department of Health.

13         (5)(4)  "Dissolution of marriage" includes an annulment

14  of marriage.

15         (6)(5)  "Fetal death" means death prior to the complete

16  expulsion or extraction of a product of human conception from

17  its mother if the 20th week of gestation has been reached and

18  the death is indicated by the fact that after such expulsion

19  or extraction the fetus does not breathe or show any other

20  evidence of life such as beating of the heart, pulsation of

21  the umbilical cord, or definite movement of voluntary muscles.

22         (7)(6)  "Final disposition" means the burial,

23  interment, cremation, removal from the state, or other

24  authorized disposition of a dead body or a fetus as described

25  in subsection (6) (5). In the case of cremation, dispersion of

26  ashes or cremation residue is considered to occur after final

27  disposition; the cremation itself is considered final

28  disposition.

29         (8)(7)  "Funeral director" means a licensed funeral

30  director or direct disposer licensed pursuant to chapter 497

31  or other person who first assumes custody of or effects the


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    2006 Legislature                  CS for SB 746, 2nd Engrossed



 1  final disposition of a dead body or a fetus as described in

 2  subsection (6) (5).

 3         (9)(8)  "Legal age" means a person who is not a minor,

 4  or a minor who has had the disability of nonage removed as

 5  provided under chapter 743.

 6         (10)(9)  "Live birth" means the complete expulsion or

 7  extraction of a product of human conception from its mother,

 8  irrespective of the duration of pregnancy, which, after such

 9  expulsion, breathes or shows any other evidence of life such

10  as beating of the heart, pulsation of the umbilical cord, and

11  definite movement of the voluntary muscles, whether or not the

12  umbilical cord has been cut or the placenta is attached.

13         (11)(10)  "Medical examiner" means a person appointed

14  pursuant to chapter 406.

15         (12)(11)  "Physician" means a person authorized to

16  practice medicine, osteopathic medicine, or chiropractic

17  medicine pursuant to chapter 458, chapter 459, or chapter 460.

18         (13)(12)  "Registrant" means the child entered on a

19  birth certificate, the deceased entered on a death

20  certificate, and the husband or wife entered on a marriage or

21  dissolution of marriage record.

22         (14)  "Stillbirth" means an unintended, intrauterine

23  fetal death after a gestational age of not less than 20

24  completed weeks.

25         (15)(13)  "Vital records" or "records" means

26  certificates or reports of birth, death, fetal death,

27  marriage, dissolution of marriage, name change filed pursuant

28  to s. 68.07, and data related thereto.

29         (16)(14)  "Vital statistics" means a system of

30  registration, collection, preservation, amendment, and

31  certification of vital records, the collection of other


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    2006 Legislature                  CS for SB 746, 2nd Engrossed



 1  reports required by this act, and activities related thereto,

 2  including the tabulation, analysis, and publication of data

 3  obtained from vital records.

 4         Section 3.  Subsection (2) of section 382.008, Florida

 5  Statutes, is amended to read:

 6         382.008  Death and fetal death registration.--

 7         (2)(a)  The funeral director who first assumes custody

 8  of a dead body or fetus shall file the certificate of death or

 9  fetal death.  In the absence of the funeral director, the

10  physician or other person in attendance at or after the death

11  shall file the certificate of death or fetal death.  The

12  person who files the certificate shall obtain personal data

13  from the next of kin or the best qualified person or source

14  available.  The medical certification of cause of death shall

15  be furnished to the funeral director, either in person or via

16  certified mail, by the physician or medical examiner

17  responsible for furnishing such information. For fetal deaths,

18  the physician, midwife, or hospital administrator shall

19  provide any medical or health information to the funeral

20  director within 72 hours after expulsion or extraction.

21         (b)  The State Registrar may receive electronically a

22  certificate of death or fetal death which is required to be

23  filed with the registrar under this chapter through facsimile

24  or other electronic transfer for the purpose of filing the

25  certificate. The receipt of a certificate of death or fetal

26  death by electronic transfer constitutes delivery to the State

27  Registrar as required by law.

28         Section 4.  Section 382.0085, Florida Statutes, is

29  created to read:

30         382.0085  Stillbirth registration.--

31  


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    2006 Legislature                  CS for SB 746, 2nd Engrossed



 1         (1)  For any stillborn child in this state, the

 2  department shall, within 60 days, issue a certificate of birth

 3  resulting in stillbirth upon the request of a parent named on

 4  a fetal death certificate.

 5         (2)  The person who is required to file a fetal death

 6  certificate under this chapter shall advise the parent of a

 7  stillborn child:

 8         (a)  That the parent may request the preparation of a

 9  certificate of birth resulting in stillbirth in addition to

10  the fetal death certificate;

11         (b)  That the parent may obtain a certificate of birth

12  resulting in stillbirth by contacting the Office of Vital

13  Statistics;

14         (c)  How the parent may contact the Office of Vital

15  Statistics to request a certificate of birth resulting in

16  stillbirth; and

17         (d)  That a copy of the original certificate of birth

18  resulting in stillbirth is a document that is available as a

19  public record when held by an agency as defined under s.

20  119.011(2).

21         (3)  The request for a certificate of birth resulting

22  in stillbirth must be on a form prescribed by the department

23  by rule and include the date of the stillbirth and the county

24  in which the stillbirth occurred.  The request shall normally

25  include the state file number of the fetal death report

26  pursuant to s. 382.008.

27         (4)  The certificate of birth resulting in stillbirth

28  must contain:

29         (a)  The date of the stillbirth.

30         (b)  The county in which the stillbirth occurred.

31  


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    2006 Legislature                  CS for SB 746, 2nd Engrossed



 1         (c)  The name of the stillborn child as provided on the

 2  original or amended certificate of the fetal death report

 3  pursuant to s. 382.008.  If a name does not appear on the

 4  original or amended fetal death certificate and the requesting

 5  parent does not wish to provide a name, the Office of Vital

 6  Statistics shall fill in the certificate of birth resulting in

 7  stillbirth with the name "baby boy" or "baby girl" and the

 8  last name of the parents as provided in s. 382.013(3).

 9         (d)  The state file number of the corresponding

10  certificate of fetal death.

11         (e)  The following statement:  "This certificate is not

12  proof of live birth."

13         (5)  A certificate of birth resulting in stillbirth

14  shall be a public record when held by an agency as defined

15  under s. 119.011(2).  The Office of Vital Statistics must

16  inform any parent who requests a certificate of birth

17  resulting in stillbirth that a copy of the document is

18  available as a public record.

19         (6)  A parent may request that the Office of Vital

20  Statistics issue a certificate of birth resulting in

21  stillbirth regardless of the date on which the certificate of

22  fetal death was issued.

23         (7)  It is final agency action, not subject to review

24  under chapter 120, for the Office of Vital Statistics to

25  refuse to issue a certificate to a person who is not a parent

26  named on the fetal death certificate and who is not entitled

27  to a certificate of birth resulting in stillbirth.

28         (8)  The Office of Vital Statistics may not use a

29  certificate of birth resulting in stillbirth to calculate live

30  birth statistics.

31  


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    2006 Legislature                  CS for SB 746, 2nd Engrossed



 1         (9)  This section or s. 382.002(14) may not be used to

 2  establish, bring, or support a civil cause of action seeking

 3  damages against any person or entity for bodily injury,

 4  personal injury, or wrongful death for a stillbirth.

 5         (10)  The department shall prescribe by rules adopted

 6  pursuant to ss. 120.536(1) and 120.54 the form, content, and

 7  process for the certificate of birth resulting in stillbirth.

 8         Section 5.  Paragraph (h) is added to subsection (1) of

 9  section 382.013, Florida Statutes, to read:

10         382.013  Birth registration.--A certificate for each

11  live birth that occurs in this state shall be filed within 5

12  days after such birth with the local registrar of the district

13  in which the birth occurred and shall be registered by the

14  local registrar if the certificate has been completed and

15  filed in accordance with this chapter and adopted rules. The

16  information regarding registered births shall be used for

17  comparison with information in the state case registry, as

18  defined in chapter 61.

19         (1)  FILING.--

20         (h)  The State Registrar may receive electronically a

21  birth certificate for each live birth which is required to be

22  filed with the registrar under this chapter through facsimile

23  or other electronic transfer for the purpose of filing the

24  birth certificate. The receipt of a birth certificate by

25  electronic transfer constitutes delivery to the State

26  Registrar as required by law.

27         Section 6.  Paragraph (j) is added to subsection (1) of

28  section 382.0255, Florida Statutes, to read:

29         382.0255  Fees.--

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

31  


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    2006 Legislature                  CS for SB 746, 2nd Engrossed



 1         (j)  Not less than $3 or more than $5 for processing

 2  and filing a new certificate of birth resulting in stillbirth

 3  pursuant to s. 382.0085.

 4         Section 7.  This act shall take effect July 1, 2006.

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