Florida Senate - 2017                                     SB 434
       
       
        
       By Senator Baxley
       
       12-00714-17                                            2017434__
    1                        A bill to be entitled                      
    2         An act relating to adoptee birth certificates;
    3         amending s. 382.015, F.S.; requiring the Department of
    4         Health to issue a noncertified copy of an original
    5         birth certificate to certain adoptees under certain
    6         conditions; requiring the department to develop
    7         policies and procedures; providing for a fee;
    8         providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsections (5) and (6) of section 382.015,
   13  Florida Statutes, are renumbered as subsections (6) and (7),
   14  respectively, and a new subsection (5) is added to that section,
   15  to read:
   16         382.015 New certificates of live birth; duty of clerks of
   17  court and department; noncertified copy of original birth
   18  certificate.—The clerk of the court in which any proceeding for
   19  adoption, annulment of an adoption, affirmation of parental
   20  status, or determination of paternity is to be registered, shall
   21  within 30 days after the final disposition, forward to the
   22  department a certified copy of the court order, or a report of
   23  the proceedings upon a form to be furnished by the department,
   24  together with sufficient information to identify the original
   25  birth certificate and to enable the preparation of a new birth
   26  certificate. The clerk of the court shall implement a monitoring
   27  and quality control plan to ensure that all judicial
   28  determinations of paternity are reported to the department in
   29  compliance with this section. The department shall track
   30  paternity determinations reported monthly by county, monitor
   31  compliance with the 30-day timeframe, and report the data to the
   32  clerks of the court quarterly.
   33         (5) NONCERTIFIED COPY OF ORIGINAL BIRTH CERTIFICATE.—
   34         (a) Notwithstanding any other provision of law, an adoptee
   35  who is at least 18 years of age, or if the adoptee is deceased,
   36  the adoptee’s descendants, or the legal representative of such
   37  an adoptee may apply to the department for a noncertified copy
   38  of the adoptee’s original birth certificate. The department
   39  shall issue a noncertified copy of the original birth
   40  certificate, together with the documents forwarded to the
   41  department pursuant to subsection (1), within 45 days after
   42  receipt of the application, if the application complies with the
   43  requirements of this subsection.
   44         (b) The department shall develop policies and procedures
   45  necessary to implement this subsection by February 1, 2018.
   46         (c) The department may charge a fee for issuing a
   47  noncertified copy of an original birth certificate. The fee may
   48  not exceed the fee for a certified copy of an original birth
   49  certificate under s. 382.0255.
   50         Section 2. This act shall take effect July 1, 2017.