The purpose and effect of these rule amendments is to respond to statutory changes related to Burial-Transit Permits, to omit unnecessary rule language and to update forms.

 

DEPARTMENT OF HEALTH

Vital Statistics

RULE NOS.:RULE TITLES:

64V-1.011Burial-Transit Permit to Be Issued

64V-1.014Fees for Vital Statistics Services Provided by State Registrar

64V-1.016Florida Putative Father Registry

64V-1.019Disposition of Fetal Demise

64V-1.022Appointment of Local Registrars

64V-1.023Appointment of Deputy Registrars

64V-1.024Appointment of Subregistrars

64V-1.025Duties of Local Registrar for Transmittal of Records or Report of No Records

PURPOSE AND EFFECT: The purpose and effect of these rule amendments is to respond to statutory changes related to Burial-Transit Permits, to omit unnecessary rule language and to update forms.

SUMMARY: Rule 64V-1.011, F.A.C. is being updated in response to Chapter 2015-105, Laws of Florida which decreased some of the requirements surrounding Burial-Transit Permits. Rule 64V-1.014, F.A.C. outlines fees for vital statistics services. 64V-1.016, F.A.C. incorporates various updated forms for reporting information for the Florida Putative Father Registry. 64V-1.019, F.A.C. is being amended to clarify when a Notification of Disposition of Fetal Demise is used. 64V-1.022, F.A.C. is being repealed as unnecessary. Appointment of Local Registrars is an internal procedure authorized by statute. 64V-1.023, F.A.C. is being repealed as unnecessary. Appointment of Deputy Registrars is an internal procedure authorized by statute. 64V-1.024, F.A.C. is being amended to omit unnecessary language. 64V-1.025, F.A.C. is being repealed as unnecessary. These duties are explained in statute.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Based on the SERC checklist, this rulemaking will not have an adverse impact or regulatory costs in excess of $1 million within five years as established in s.120.541(2)(a), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 63.054(3), (9), (10), (14), 382.003(7), (10), 382.006, 382.0255(3), 383.33625(3) FS.

LAW IMPLEMENTED: 63.054(3), (9), 63.062(1), 382.003(5), (9), 382.005(3), (4), 382.006, 382.007, 382.008, 382.013, 382.0255(1), 383.33625 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ana Goold, Quality Assurance Manager, Bureau of Vital Statistics at [phone] or by email: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64V-1.011 Burial-Transit Permit to Be Issued.

Burial-Transit Permits shall be applied for electronically or on an An Application for Burial-Transit Permit, DH Form 326, Aug. 1997, hereby incorporated by reference, and available at DOS Link. from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042, shall be completed in accordance with Section 382.006, F.S., and The paper application, DH 326, shall be submitted to the local registrar of the registration district where the death or fetal death occurred or to a subregistrar, by the person acting as the funeral director or subregistrar. The local registrar or subregistrar upon approval of such application shall issue a Burial-Transit Permit, DH Form 326, Aug. 97, to dispose of the body or fetus, and forward a copy of the permit to the local registrar within 24 hours after issuance provided a Certificate of Death, DH Form 512, which is incorporated in Rule 64V-1.008, F.A.C., or Certificate of Fetal Death, DH Form 428, which is incorporated in Rule 64V-1.008, F.A.C., completed in accordance with Section 382.008, F.S., accompanies the application. An electronic Burial-Transit Report, DH Form 326E, Jan. 08, hereby incorporated by reference and printed from the Department’s electronic death registration system may be used in lieu of a Burial-Transit Permit, DH Form 326.

Rulemaking Specific Authority 382.003(7), (10), 382.006 FS. Law Implemented 382.006 FS. History–New 1-1-77, Formerly 10D-49.25, Amended 10-1-88, 4-18-96, Formerly 10D-49.025, Amended 11-11-98, 11-5-08,                  .

 

64V-1.014 Fees for Vital Statistics Services Provided by State Registrar.

The fees for services provided are as follows:

(1) Five dollars for the first calendar year of records searched or retrieved for a vital record and two dollars for each additional calendar year of records searched or retrieved, up to a maximum of fifty dollars. If the record is located, this fee entitles the applicant to one computer certification of the record. A certified photocopy will be issued in lieu of a computer certification at no additional cost if computer certification is not available. An additional fee of five dollars is required if a certified photocopy is requested, and is available, in place of or in addition to a computer certification, unless a computer certification is not available.

(2) Twenty dollars for processing a request to file a delayed certificate of birth, death, or fetal death or presumptive death. This fee entitles the applicant to one certification of the record, if filed.

(3) Twenty dollars for processing a request for an amendment to a death record, fetal death record or a birth record made pursuant to Section 382.016, F.S. This fee entitles the applicant to one certification of the amended or corrected record.

(4) Twenty dollars for processing a request for an amendment resulting from a report of change of name or a new birth certificate for reason of adoption, affirmation of parental status for gestational surrogacy or for reason of determination of paternity. This fee entitles the applicant to one certification of the new certificate.

(5) Four dollars for each additional certification of a vital record in excess of one certification for which a fee for search, retrieval or a filing fee is paid, when ordered at the same time as the initial certification.

(6) Ten dollars for processing and forwarding each exemplified copy of a vital record.

(6)(7) Ten dollars for expedited processing of an initial certified copy or certified statement or exemplified or apostille copy of a vital record.

(7)(8) Five cents for each vital record listed on electronic media plus a reasonable charge of $100 for the cost of programming and preparation.

(8)(9) Nine dollars for filing a claim of paternity with the Florida Putative Father Registry.

(9)(10) Nine dollars for each search request of the Florida Putative Father Registry.

Rulemaking Specific Authority 63.054(14)(9), 382.003(10), 382.0255(3) FS. Law Implemented 63.054(9), 382.0255(1) FS. History–New 10-1-88, Amended 11-11-90, 4-18-96, 12-26-96, Formerly 10D-49.034, Amended 11-11-98, 2-29-04, 5-13-08,                     _______.

 

64V-1.016 Florida Putative Father Registry.

(1) A claim of paternity filed by an unmarried biological father as defined in Section 63.032(19), F.S., shall be made on a Florida Putative Father Registry Claim of Paternity, DH Form 1965, July, 2012, Aug 08, hereby incorporated by reference and available at DOS link. from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042. A request to update information or revoke a claim of paternity shall be made on a Florida Putative Father Registry – Update to Claim of Paternity, DH Form 1964, July 2012, Aug 08, hereby incorporated by reference and available at DOS link. from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042. A request for search of the Florida Putative Father Registry shall be made on Florida Putative Father Registry – Application for Search, DH Form 1963, July 2012, Aug 08, hereby incorporated by reference and available at DOS link. from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042. A petition to terminate parental rights shall be made on a Petition for Termination of Parental Rights, DH 5075, July 2012, incorporated by reference and available at DOS link.

(2) To efficiently maintain the registry, the Office of Vital Statistics shall purge the name of a registrant upon entry of a court order establishing paternity, entry of an adoption order, or when the child reaches the age of 18.

Rulemaking Authority 63.054(3), (10), (14) FS. Law Implemented 63.054, 63.062(1), 382.0255(1) FS. History–New 11-11-98, Amended 2-29-04, 5-13-08, 7-28-09,                  .

 

64V-1.019 Disposition of Fetal Demise.

A In accordance with Section 383.33625, F.S., a Notification of Disposition of Fetal Demise, DH Form 1966, Oct. 2003 03, hereby incorporated by reference and available at DOS link from the department shall be issued to the mother by a health care practitioner in custody of fetal remains following a spontaneous fetal demise occuring after a gestation period of less than 20 completed weeks as provided by law.

Rulemaking Specific Authority 383.33625(3) FS. Law Implemented 383.33625 FS. History‒New 2-29-04, Amended 10-19-04,______.          

 

64V-1.022 Appointment of Local Registrar.

Rulemaking Authority 382.003(10) FS. Law Implemented 382.003(5) FS. History–New 6-1-10, Repealed                 .

 

64V-1.023 Appointment of Deputy Registrars.

Rulemaking Authority 382.003(10) FS. Law Implemented 382.005(4) FS. History–New 6-1-10, Repealed                  .

 

64V-1.024 Appointment of Subregistrars.

Each subregistrar appointed by the Bureau The Office of Vital Statistics shall sign an appoint suitable persons to act as subregistrars, who shall be authorized to receive death certificates and fetal death certificates and to issue burial permits. An Application for Appointment of Subregistrar of Vital Statistics, DH 1233C, Oct 2009, hereby incorporated by reference and available at DOS link. from the Florida Department of Health, Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042 shall be submitted to the Office of Vital Statistics for approval.

Rulemaking Authority 382.003(10) FS. Law Implemented 382.003(9), 382.006, 382.007, 382.008 FS. History–New 6-1-10, Amended              .

 

64V-1.025 Duties of Local Registrar for Transmittal of Records or Report of No Records.

Rulemaking Authority 382.003(10) FS. Law Implemented 382.005(3), 382.013 FS. History–New 6-1-10, Repealed                   .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ana Goold, Quality Assurance Manager, Bureau of Vital Statistics

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: John H. Armstrong, MD, FACS, Surgeon General and Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 18, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 21, 2015