Chapter 382 — Chapter 382
28 sections in this chapter.
Fla. Stat. § 382.001 Short title
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This chapter shall be known and may be cited as the “Florida Vital Statistics Act.”
Fla. Stat. § 382.002 Definitions
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As used in this chapter, the term:(1) “Burial-transit permit” means a permit issued by the department that authorizes the final disposition of a dead body.(2) “Certificate of birth resulting in stillbirth” means a certificate issued to record and memorialize the birth of a stillb…
Fla. Stat. § 382.003 Powers and duties of the department
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The department shall:(1) Establish an Office of Vital Statistics under the direction of a State Registrar for the uniform and efficient registration, compilation, storage, and preservation of all vital records in the state.(2) Procure the complete registration of all vital record…
Fla. Stat. § 382.004 Reproduction and destruction of records
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(1) The department is authorized to photograph, microphotograph, reproduce on film, or reproduce by electronic means vital records in such a manner that the data on each page are in conformity with the original record.(2) The department is authorized to destroy any of the origina…
Fla. Stat. § 382.005 Duties of local registrars
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(1) Each local registrar is charged with the strict and thorough enforcement of the provisions of this chapter and rules adopted hereunder in his or her registration district, and shall make an immediate report to the department of any violation or apparent violation of this law …
Fla. Stat. § 382.006 Burial-transit permit
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(1) The funeral director who first assumes custody of a dead body or fetus must obtain a burial-transit permit before final disposition and within 5 days after death. The funeral director shall provide the electronic burial-transit permit generated from the electronic death regis…
Fla. Stat. § 382.007 Final dispositions prohibited without burial-transit permit; records of dead bodies disposed
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A person in charge of any premises on which final dispositions are made shall not inter or permit the interment or other disposition of any dead body unless it is accompanied by a burial-transit permit. Such person shall enter upon the permit the date of final disposition. He or …
Fla. Stat. § 382.008 Death, fetal death, and nonviable birth registration
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(1) A certificate for each death and fetal death which occurs in this state shall be filed electronically on the department electronic death registration system or on a form prescribed by the department with the department or local registrar of the district in which the death occ…
Fla. Stat. § 382.0085 Stillbirth registration
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(1) For any stillborn child in this state, the department shall, within 60 days, issue a certificate of birth resulting in stillbirth upon the request of a parent named on a fetal death certificate.(2) The person who is required to file a fetal death certificate under this chapte…
Fla. Stat. § 382.0086 Certificate of nonviable birth
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(1) For any nonviable birth in this state, the department shall issue a certificate of nonviable birth within 60 days upon the request of a parent named on the registration of nonviable birth.(2) The person or entity authorized to register a nonviable birth under this chapter sha…
Fla. Stat. § 382.009 Recognition of brain death under certain circumstances
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(1) For legal and medical purposes, where respiratory and circulatory functions are maintained by artificial means of support so as to preclude a determination that these functions have ceased, the occurrence of death may be determined where there is the irreversible cessation of…
Fla. Stat. § 382.011 Medical examiner determination of cause of death
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(1) In the case of any death or fetal death due to causes or conditions listed in s. 406.11, any death that occurred more than 12 months after the decedent was last treated by a primary or attending physician, or any death for which there is reason to believe that the death may h…
Fla. Stat. § 382.012 Presumptive death certificate
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(1) “Presumptive death” means a determination by a court of competent jurisdiction that:(a) A death of a resident of this state has occurred or is presumed to have occurred, but the body of the person involved has not been located or recovered; or(b) A death of a nonresident of t…
Fla. Stat. § 382.013 Birth registration
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A certificate for each live birth that occurs in this state shall be filed within 5 days after such birth in the department’s electronic registration system with the local registrar of the district in which the birth occurred and shall be registered by the local registrar if the …
Fla. Stat. § 382.0135 Social security numbers; enumeration-at-birth program
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The department shall make arrangements with the United States Social Security Administration for electronic notification of deaths that occur in the state and to participate in the voluntary enumeration-at-birth program. The State Registrar is authorized to take any actions neces…
Fla. Stat. § 382.015 New certificates of live birth; duty of clerks of court and department
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The clerk of the court in which any proceeding for adoption, annulment of an adoption, affirmation of parental status, or determination of paternity is to be registered, shall, within 30 days after the final disposition, forward electronically to the department a certified copy o…
Fla. Stat. § 382.016 Amendment of records
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The department, upon receipt of the fee prescribed in s. 382.0255; documentary evidence, as specified by rule, of any misstatement, error, or omission occurring in any birth, death, or fetal death record; and an affidavit setting forth the changes to be made, shall amend or repla…
Fla. Stat. § 382.017 Foreign births
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(1) Upon request, the department shall prepare and register a certificate of foreign birth for an adoptee born in a foreign country who is not a citizen of the United States and whose judgment of adoption was entered by a court of competent jurisdiction of this state. The certifi…
Fla. Stat. § 382.019 Delayed registration; administrative procedures
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(1) Registration after 1 year is a delayed registration, and the department may, upon receipt of an application and the fee required under s. 382.0255, and proof of the birth, death, or fetal death as prescribed by this section or rule, register a delayed certificate if the depar…
Fla. Stat. § 382.0195 Court-issued delayed birth certificate
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(1) In addition to the provisions of s. 382.019, any state resident or person born in this state who does not have a birth certificate may, at any time after birth, file a petition in the circuit court in the county of residence or in the alleged county of his or her birth, setti…
Fla. Stat. § 382.021 Department to receive marriage licenses
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(1) The county court judge or clerk of the circuit court shall electronically transmit all original marriage licenses, with endorsements, received to the department on one of the following reporting schedules:(a) Weekly, on or before each Friday, all original marriage licenses, w…
Fla. Stat. § 382.022 Marriage application fees
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Upon the receipt of each application for the issuance of a marriage license, the county court judge or clerk of the circuit court shall, pursuant to s. 741.02, collect and receive a fee of $4 which shall be remitted to the Department of Revenue for deposit to the Department of He…
Fla. Stat. § 382.023 Department to receive dissolution-of-marriage records; fees
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(1) Clerks of the circuit courts shall collect for their services at the time of the filing of a final judgment of dissolution of marriage a fee of up to $10.50, of which 43 percent shall be retained by the clerk of the circuit court as a part of the cost in the cause in which th…
Fla. Stat. § 382.025 Certified copies of vital records; confidentiality; research
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(1) BIRTH RECORDS.—Except for birth records over 125 years old which are not under seal pursuant to court order, all birth records of this state shall be confidential and are exempt from the provisions of s. 119.07(1).(a) Certified copies of the original birth certificate or a ne…
Fla. Stat. § 382.0255 Fees
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(1) The department is entitled to fees, as follows:(a) Not less than $3 or more than $5 for the first calendar year of records searched or retrieved and a computer certification of the record, a photocopy or birth card if a computer certification is not available, or, if no recor…
Fla. Stat. § 382.026 Penalties
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(1) Any person who willfully and knowingly makes any false statement in a certificate, record, or report required by this chapter, or in an application for an amendment thereof, or in an application for a certified copy of a vital record, or who willfully and knowingly supplies f…
Fla. Stat. § 382.355 Birth records of missing children, registrars’ duties
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The flagging of a missing child’s birth certificate record and the procedures to be used when requests for the record are made shall be governed by s. 937.024.
Fla. Stat. § 382.356 Protocol for sharing certain birth certificate information
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In order to facilitate the prosecution of offenses under s. 794.011, s. 794.05, s. 800.04, or s. 827.04(3), the Department of Health, the Department of Revenue, and the Florida Prosecuting Attorneys Association shall develop a protocol for sharing birth certificate information fo…