64V-1.0031: Birth Certificate Amendments by Adoption
64V-1.0032: Birth Certificate Amendments by Paternity Establishment/Disestablishment; Judicial and Administrative Process
64V-1.004: Change of Paternity; Evidence Required
64V-1.006: Birth Registration; Evidence Required for Births Occurring Outside of a Facility
64V-1.0131: Certifications of Vital Records; Information Required for Release; Applicant Identification Requirements
64V-1.020: Marriage Reporting
64V-1.021: Dissolution of Marriage Reporting
PURPOSE AND EFFECT: To create new form and amend an existing form used in the establishment of paternity process as required by 2009 legislation. To create new form used for preparation of a birth certificate and amend the form used for recording a live birth to be in compliance with national standards. Incorporating in rule the specific safety paper used for statewide certification of vital records, amending affidavits used to allow release of a birth or cause of death information to another person and amending application form used for applying for a birth certification. Incorporating forms used by the Clerks of Court in the transmittal of vital records.
SUBJECT AREA TO BE ADDRESSED: Paternity Establishment, Birth Registration, Certifications of Vital Records, and Transmittal of Marriage Records and Dissolution of Marriage Reports from the Clerks of Court.
SPECIFIC AUTHORITY: 382.003(7), (10), (11), 382.0085, 382.013, 382.015(6) FS.
LAW IMPLEMENTED: 382.003(7), (10), (11), 382.0085, 382.013, 382.015(2)(3), 382.016(1)(b), 382.021, 382.022, 382.023, 382.025, 409.256(11)(d), 741.01, 742.10, 742.16, 742.18(8) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 3 days before the workshop/meeting by contacting: Kevin Wright, Operations Manager, Department of Health, Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042; (904)359-6900, ext. 1004. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Kevin Wright, Operations Manager, Department of Health, Office of Vital Statistics, P.O. Box 210, Jacksonville, Florida 32231-0042; (904)359-6900, ext. 1004
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
64V-1.0032 Birth Certificate Amendments by Paternity Establishment/Disestablishment; Judicial and Administrative Process.
(1) Any judgment establishing paternity entered by a Florida court pursuant to Section 742.10 or 382.015(2), F.S., or disestablishing paternity by a Florida court pursuant to Section 742.18, F.S., shall be recorded on a Certified Statement of Final Judgment of Paternity, DH Form 673, Jun 2010 Aug. 06, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042. Upon receipt of a Certified Statement of Final Judgment of Paternity, DH Form 673, completed and certified by the clerk of the circuit court entering the paternity judgment, the department shall amend the birth certificate if the child was born in this state.
(2) through (5) No change.
(6) An application for marriage license must allow both parties to the marriage to state under oath in writing if they are the parents of a child(ren) in common, born in this state. An Affirmation of Common Child(ren) Born in Florida, DH 743A, Jun 2010, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042 is created for recording sworn signatures of the couple as well as sufficient information to enable the department to locate the birth certificate(s) of the child(ren).
Rulemaking Specific Authority 382.003(10), (11), 382.015(6), 382.016(1), 382.0255(3) FS. Law Implemented 382.003(7), (11), 382.015(2), (3), 382.016(1)(b), 741.01, 742.10, 742.16, 742.18(8), 409.256(11)(d) FS. HistoryNew 11-11-98, Amended 7-18-00, 2-29-04, 10-19-04, 5-13-08,_______.
64V-1.004 Change of Paternity; Evidence Required.
(1) through (2) No change.
(3) An amendment made pursuant to subsections (1) and (2) of Rule 64V-1.004, F.A.C., may only be made by order of a court of competent jurisdiction following a proceeding where all parties have been provided legally sufficient notice and an opportunity to be heard by the court.
(3)(4) A father who was legally married to the mother at the time of the childs birth but was omitted from the record may be added to the birth record upon receipt of an Acknowledgment of Paternity Consenting Affidavit Acknowledging Paternity, DH Form 432 incorporated by reference in subsection (2) of Rule 64V-1.0032, F.A.C., and a certified copy of the marriage record. The Acknowledgment of Paternity Consenting Affidavit Acknowledging Paternity must be signed by both the mother and the man who was her legal husband at the time of the childs birth.
Rulemaking Specific Authority 382.003(10,(11), 382.015(6), 382.016(1) Law Implemented 382.013(2), 382.015(2), 382.016(1)(b) FS. History-New 1-1-77, Formerly 10D-49.17, Amended 10-1-88, 10-1-90, Formerly 10D-49.017, Amended 11-11-98, 7-18-00, 2-29-04,_______.
64V-1.006 Birth Registration; Evidence Required for Births Occurring Outside of a Facility.
(1) All birth records filed in this state pursuant to Section 382.013, F.S., shall be registered electronically on the departments electronic birth registration system or by means specified by the state registrar. A Certificate of Live Birth, DH Form 511, Jan 2011 July 04, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P.O. Box 210, Jacksonville, Florida 32231-0042 shall be used when an electronic birth certificate cannot be filed. For use in the preparation of a Certificate of Live Birth, a Birth Certificate Worksheet, DH Form 1967, Jan 2011 is hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042.
(2) If a birth occurs outside a facility and the child is not taken to a facility within 3 days after delivery, a Certificate of Live Birth, DH Form 511, Jan 2011 July 04, will be accepted for registration by a local registrar and state filing by the Office of Vital Statistics if corroborated by a written statement from a licensed physician or a licensed midwife in attendance during or immediately after the birth.
(3) No change.
Rulemaking Specific Authority 382.003(7), (10), 382.013 FS. Law Implemented 382.003(7), (10), (11), 382.013 FS. HistoryNew 10-1-90, Formerly 10D-49.0194, Amended 11-11-98, 7-18-00, 2-29-04, 10-19-04, 5-13-08,_______.
64V-1.0131 Certifications of Vital Records; Information Required for Release; Applicant Identification Requirements.
(1) Except for Commemorative Birth and Marriage Certificates, all All certifications issued by the Office of Vital Statistics or by any of the county health departments shall be on safety paper, DH Form 1946, Apr 2010 or DH 1947, Aug 04, are herby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042 designed and approved by the department. Neither plain copy nor uncertified records will be issued except as an approved health study project by the department. Commemorative Birth and Marriage Certificates are not printed on safety paper as described above, are not official certifications and are created only for purposes of display.
(2) All requests for certifications of birth records less than 100 years old must be accompanied with valid photo identification as prescribed in paragraph 64V-1.0131(2)(c), F.A.C. With the exception of a request to file a delayed birth registration, a birth amendment or a Certificate of Foreign Birth, each request shall be submitted in writing or, on a state office Application for Florida Birth Record, DH Form 726, DecMar 2010 Sept. 07, or county office Application for Florida Birth Record, DH Form 1960, July 03, both hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042. A request to file a delayed birth registration, an amendment to a birth record, or a Certificate of Foreign Birth, must be requested on application forms previously incorporated by reference in Rules 64V-1.001, 64V-1.002 and 64V-1.0031, F.A.C.
(a) No change.
(b) A copy of valid a photo identification must accompany the applicable application or written request or, if presented in person, department personnel must view the original accompanying photo identification.
(c) Acceptable forms of valid photo identification, which includes other identifying information, are as follows:
1. State Drivers License;
2. Military identification;
3. Passport; or
4. State issued identification card.
(d) If the certification is requested by an attorney representing the registrant or his or her parent identified on the birth certificate or his or her legal guardian, the attorneys bar or license number may be provided in lieu of valid photo identification.
(e) If the requestor is not a person enumerated in subsection 382.025(1)(a), F.S., an Affidavit to Release a Birth Certification Certificate, DH Form 1958, Aug 2010 July 03, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042 department must be completed by the person enumerated in subsection 382.025(1)(a), F.S.
(3) All requests for certifications of death records where cause of death information is requested and the death occurred less than 50 years prior to the request must be accompanied by valid photo identification as prescribed in paragraph 64V-1.0131(4)(c), F.A.C. With the exception of death amendment requests, and delayed or presumptive death registration, all requests must be submitted in writing or on a state office Application for a Florida Death Record, DH Form 727, Dec 2010 Nov. 04, or county office Application for a Florida Death Record, DH Form 1961, July 03, both hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042. A request to file a death amendment request, a delayed death registration or a presumptive death must be requested on application forms previously incorporated by reference in Rules 64V-1.007, 64V-1.008 and 64V-1.0081, F.A.C.
(a) No change.
(b) A copy of a valid photo identification must accompany the applicable application or written request or, if presented in person, department personnel must view the original accompanying photo identification.
(c) through (d) No change.
(e) If the requestor is not a person enumerated in subsection 382.025(2) F.S., an Affidavit to Release Cause of Death Information, DH Form 1959, Aug 2010 July 03, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042 department must be completed by the person enumerated in subsection 382.025(2), F.S.
(4) No change.
(5) All requests for a Department of Health certification of a marriage record must be submitted in writing or on a state office Application for a Marriage Record For Licenses Issued in Florida, DH Form 261, Dec 2010 Sept. 07, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042. If the requestor is named on the marriage record and the Social Security field for that person is also requested, then valid photo identification must accompany the request.
(6) All requests for a Department of Health certification of a Florida divorce or annulment record must be submitted in writing or on a state office Application for Dissolution of Marriage Report (Divorce or Annulment) Granted in Florida, DH Form 260, Dec 2010 Sept. 07, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042.
Rulemaking Specific Authority 382.003(7), (10), 382.025, 382.0085, 382.0255(1)(a), FS. Law Implemented 382.025, 382.0085 FS. HistoryNew 11-11-98, Amended 2-29-04, 12-12-06, 5-13-08,_______.
64V-1.020 Marriage Reporting.
Marriages occurring in Florida shall be recorded on a Marriage Record, DH Form 743, Apr 98, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042 or on an electronic system provided by the Department of Health. A Marriage Monthly Report, DH 133, Sep 2010, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042 shall be submitted to the Department before the 5th day of each month.
Rulemaking Specific Authority 382.003(7), (10) FS. Law Implemented 382.021, 382.22, 382.023 FS. HistoryNew 2-29-04, Amended 5-13-08,_______.
64V-1.021 Dissolution of Marriage Reporting.
Dissolution of Marriages shall be recorded on a Report of Dissolution of Marriage Annulment of Marriage, DH Form 513, Oct. 96, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042, or on an electronic system provided by the Department of Health a Dissolution of Marriage Monthly Report, DH Form 730, Sep 2010, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042 shall be submitted to the Department before the 10th day of each month.
Rulemaking Specific Authority 382.003(7), (10) FS. Law Implemented 382.023 FS. HistoryNew 2-29-04, Amended 5-13-08,_______.
