Rule 64V-1.0031, F.A.C., amending form used in reporting of adoptions to the Department of Health to provide information to the public relative to the Florida Putative Father Registry. Rule 64V-1.0061, F.A.C., amending the rule regarding death and ...

DEPARTMENT OF HEALTH
Vital Statistics

RULE NO: RULE TITLE
64V-1.0031: Birth Certificate Amendments by Adoption
64V-1.0061: Death and Fetal Death Registration
64V-1.016: Florida Putative Father Registry
PURPOSE AND EFFECT: Rule 64V-1.0031, F.A.C., amending form used in reporting of adoptions to the Department of Health to provide information to the public relative to the Florida Putative Father Registry. Rule 64V-1.0061, F.A.C., amending the rule regarding death and fetal death registration to promote physician’s signing death certificates by clarifying that signature of physician does not constitute proof of cause of death. Rule 64V-1.016, F.A.C., amending rule that incorporates forms used in conjunction with the Florida Putative Father Registry to include language passed during 2008 Legislative Session.
SUMMARY: Purpose of proposed amendment is to update form used for notifying the Bureau of Vital Statistics of an adoption granted in Florida to add language relative to the Florida Putative Father Registry. Amending rule incorporating forms used in death and fetal death registration as well as language relative to physician’s signature not constituting prima facie proof of cause of death and to update forms used in the registering, updating and search of the Florida Putative Father Registry as a result of 2008 legislation.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 63.054(3), (10), (14), 382.003(7), (10), 382.008, 381.0015(6), 382.015(5), 382.0255(3) FS.
LAW IMPLEMENTED: 63.054, 63.062(1), 63.152, 382.003(7), (10), (11), 382.008, 382.015, 382.017, 382.0255(1) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: May 25, 2009, 10:00 a.m.
PLACE: Department of Health, Bureau of Vital Statistics, 1217 Pearl St., Boorde Bldg., Rm. 420, Jacksonville, FL 32202
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, Bureau of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042; telephone [phone]. 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 IS: Kevin Wright, Operations Manager, Bureau of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042; telephone [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

64V-1.0031 Birth Certificate Amendments by Adoption.

(1) Any adoption entered by a court in this state shall be recorded on a Certified Statement of Final Decree of Adoption, DH Form 527, Aug 08 June 07, hereby incorporated by reference and available from the Florida Department of Health, Bureau State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042. Upon receipt of a Certified Statement of Final Decree of Adoption, DH Form 527, completed and certified by the clerk of the circuit court entering the adoption, the department shall amend the birth certificate if the child was born in this state.

(2) The department shall, upon receipt of a Certified Statement of Final Decree of Adoption, DH Form 527, Aug 08 June 07, incorporated by reference in subsection (1) of Rule 64V-1.0031, F.A.C., that has been granted pursuant to Section 382.017, F.S., and an Application for Certificate of Foreign Birth, DH Form 1178, June 07, hereby incorporated by reference and available from the Florida Department of Health, Bureau State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042, electronically create a Certificate of Foreign Birth, DH Form 1156, Nov. 07, hereby incorporated by reference and available from the Florida Department of Health, Bureau State Office of Vital Statistics, P.O. Box 210, Jacksonville, Florida 32231-0042.

Rulemaking Specific Authority 382.003(10), 382.015(6), 382.0255(3) FS. Law Implemented 63.152, 382.003(7), 382.015, 382.017 FS. History–New 11-11-98, Amended 7-18-00, 2-29-04, 5-13-08, ________.

 

64V-1.0061 Death and Fetal Death Registration.

(1) All deaths except for fetal deaths filed pursuant to Section 382.008, F.S., shall be registered electronically on the department’s electronic death registration system or by means specified by the state registrar. A Florida Certificate of Death, DH Form 512, July 04, hereby incorporated by reference and available from the Florida Department of Health, Bureau State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042 shall be used until an electronic death registration system is implemented.

(2) All fetal deaths occurring in this state shall be filed on a Florida Certificate of Fetal Death, DH Form 428, Jan. 06, hereby incorporated by reference and available from the Florida Department of Health, Bureau State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042.

(3) A death certificate is prima facie proof of the fact, place, date, and time of death and identity of the decedent. A physician’s signature and statement as to the cause of death does not constitute prima facie proof of the cause of death.

Rulemaking Specific Authority 382.003(7), (10), 382.008 FS. Law Implemented 382.003(7), (10), (11), 382.008 FS. History–New 2-29-04, Amended 10-19-04, 11-17-05, 5-13-08,________.

 

64V-1.016 Florida Putative Father Registry.

(1) A claim of paternity filed by an unmarried biological father as defined in subsection 63.032(19), F.S., shall be made on a Florida Putative Father Registry Claim of Paternity, DH Form 1965, Aug 08 Oct. 06, hereby incorporated by reference and available from the Florida Department of Health, Bureau 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, Aug 08 Oct. 06, hereby incorporated by reference and available from the Florida Department of Health, Bureau 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, Aug 08 Oct. 06, hereby incorporated by reference and available from the Florida Department of Health, Bureau State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042.

(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 Specific Authority 63.054(3), (10), (14), 382.003(7) FS. Law Implemented 63.054, 63.062(1), 382.0255(1) FS. History–New 11-11-98, Amended 2-29-04, 5-13-08,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Ken Jones, Bureau Chief/Deputy State Registrar, Bureau of Vital Statistics
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ana M. Viamonte Ros, State Surgeon General
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 24, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 8, 2008