The purpose and effect of these rule amendments is to update the requirements that must be met to allow the Department to issue certifications of vital records, to update forms and remove redundant rule language.

 

DEPARTMENT OF HEALTH

Vital Statistics

RULE NOS.:RULE TITLES:

64V-1.001Delayed Birth Registration Requirements; Fees

64V-1.002Birth Certificate Amendments; Who May Apply; Fees

64V-1.0031Birth Certificate Amendments by Adoption

64V-1.0032Birth Certificate Amendments by Paternity Establishment/Disestablishment; Judicial and Administrative Process

64V-1.0033Birth Certificate Amendment by Legal Change of Name; Judicial Process

64V-1.006Birth Registration; Evidence Required for Births Occurring Outside of a Facility

64V-1.0061Death and Fetal Death Registration

64V-1.007Death and Fetal Death Certificate Amendments; Who May Apply; Fees; Documentary Evidence Requirements

64V-1.0131Certifications of Vital Records; Information Required for Release; Applicant Identification Requirements

64V-1.016Florida Putative Father Registry

PURPOSE AND EFFECT: The purpose and effect of these rule amendments is to update the requirements that must be met to allow the Department to issue certifications of vital records, to update forms and remove redundant rule language.

SUMMARY: These rule amendments will update the recording and reporting of vital statistics.

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: 382.003(7), (10), (11), 382.019, 382.0255(1)(a), (3), 382.015(6), 382.016, 382.013, 382.008, 382.025, 382.026, 382.0085, FS.

LAW IMPLEMENTED: 382.003(7), (10),(11), 63.152, 382.015, 382.016, 382.017, 742.10, 742.16, 742.18(8), 409.256(11)(d), 68.07(4), 382.013, 382.025, 382.026, 382.0085, 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 at [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

PART I DELAYED BIRTH REGISTRATION

64V-1.001 Delayed Birth Registration Requirements; Fees.

(1) All delayed birth registrations must be accompanied by an Application for Florida Delayed Certificate of Birth, DH Form 521, (04/16) Feb. 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, and the fee required by subsection (2) of Rule 64V-1.014, F.A.C., and by documents described in subsection (2) of Rule 64V-1.001, F.A.C., which substantiate the following facts of birth:

(a) Name at the time of birth of the registrant;

(b) Date of birth of the registrant;

(c) State of birth of the registrant as Florida;

(d) Mother’s/Parent’s Mother’s name including her maiden surname; and

(e) Father’s/Parent’s Father’s name; except that if the parents were not married at the time of the registrant's birth, the father’s name shall not be entered on the delayed certificate except by an affidavit of acknowledgment of paternity signed by both parents before a notarizing official or two witnesses, or by order of a court of competent jurisdiction.

(2) The minimum requirements for documentary evidence are as follows:

(a) A statement that the birth actually occurred by an official of the hospital where the delivery occurred or where the registrant was admitted immediately after delivery, or;

(b) If the registrant was not delivered in a hospital or admitted immediately after delivery or if hospital records are not available, a statement, based on professional case records of the event, by a Florida licensed physician, certified nurse midwife, Florida licensed midwife, or a public health nurse employed by the department; who attended the delivery, or;

(c) Two supporting documents establishing birth facts contained in subsection (1) of Rule 64V-1.001, F.A.C., except for item listed in paragraphs (1)(d) and (e) of Rule 64V-1.001, F.A.C., for which only one document is required:

1. School record of registrant;

2. Social Security record of registrant;

3. Military record of registrant or military record of parent or guardian showing dependent data regarding the registrant;

4. Insurance policy application or personal history sheet;

5. Census records;

6. Other evidence on file in the Office of Vital Statistics taken from other registrations;

7. Medical treatment record for registrant;

8. Records maintained by the department or other state agency, State of Florida which substantiate the birth; or

9. Other verifiable records, except for those in subsection (6) of Rule 64V-1.001, F.A.C.

(3) Documentation required in paragraph (2)(c) of Rule 64V-1.001, F.A.C., must have been established at least 5 years prior to filing unless applicant is under the age of 10. In such cases, the documents submitted must have been established at least 1 year prior to the date of filing for a delayed certificate.

(4) If documents listed in subsection (2) of Rule 64V-1.001, F.A.C., cannot be obtained, the applicant may file for a delayed birth certificate under the provisions of section Section 382.0195, F.S.

(5) The Application for Florida Delayed Certificate of Birth, DH Form 521, (04/16) Feb. 07, must be signed by a parent or guardian before a notarizing official for a registrant under the age of 18. A registrant 18 years or older, or if disability of nonage has been removed and the registrant provides proof of such removal, must sign this form before a notarizing official.

(6) Self serving affidavits and family bible records are not acceptable sources of primary documentary evidence but may be used to further substantiate the facts of birth.

(7) Documents submitted shall be in the form of an original record or duly certified copy thereof or a signed and certified statement from the custodian of the records. All documents submitted are subject to verification with the originating source.

(8) Delayed birth certificates issued pursuant to this section, except for clerical errors, cannot be amended without a court order.

(9) The state registrar or his or her designated representative shall abstract on the Delayed Certificate of Birth a description of each document submitted to support the facts shown on the delayed record. This description shall include:

(a) The title or description of the document;

(b) The date of the original filing of the document being abstracted; and

(c) The information regarding the birth facts contained in the document.

(10) Applications for delayed certificates which have not been completed within 1 year from the date of the application shall be dismissed. Upon dismissal, the State Registrar shall so advise the applicant and all documents submitted in support of the delayed birth registration shall be returned to the applicant at last known address after review.

(11) Upon receipt of the required forms, fees and documentary evidence, the department shall electronically create and issue a Delayed Certification of Birth, DH Form 520, Nov. 07, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, FL 32231-0042.

Rulemaking Authority 382.003(10), (11), 382.019, 382.0255(3) FS. Law Implemented 382.003(7), (11), 382.019 FS. History–New 1-1-77, Formerly 10D-49.13, Amended 10-1-88, 10-1-90, 4-18-96, 12-26-96, Formerly 10D-49.013, Amended 11-11-98, 7-18-00, 2-29-04, 10-19-04, 5-13-08,                            .

 

PART II AMENDMENT OF BIRTH CERTIFICATES

64V-1.002 Birth Certificate Amendments; Who May Apply; Fees.

(1) A request for an amendment to a birth certificate made pursuant to subsection (1) of section Section 382.016, F.S., shall be submitted with an Application for Amendment to Florida Birth Record, DH Form 429, (04/16) Sept. 07, hereby incorporated by reference and available from http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, or from the Office of Vital Statistics at www.FloridaVitalStatisticsOnline.com, or from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042, and accompanied by statutory fees required pursuant to subsection (3) of Rule 64V-1.014, F.A.C., an Affidavit of Amendment to Certificate of Live Birth, DH Form 430, (04/16) May 04, hereby incorporated by reference and available from http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, or from the Office of Vital Statistics at www.FloridaVitalStatisticsOnline.com, or from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042, and documentary evidence, if required, by Rule 64V-1.003, F.A.C. The required Affidavit of Amendment to Certificate of Live Birth, DH Form 430, (04/16) May 04, must be signed before a notarizing official by a registrant who is at least 18 years of age or if disability of nonage has been removed and the registrant provides proof of such removal; or if under 18, by his or her parent(s) named on the certificate or guardian or agency having legal custody of the registrant. When requesting any correction to the name of the registrant, both parents must sign the affidavit if both parents are named on the birth record.

(2) A request for an amendment to a birth certificate made pursuant to sections Sections 68.07(4) and 382.015, F.S., and subsection (1)(b) of sections Sections 382.016 and 742.16, F.S., requires statutory fees as prescribed in subsection (4) of Rule 64V-1.014, F.A.C., however, the amendment of the birth certificate shall not be withheld if the required fee does not accompany the request. The department shall in these instances amend the birth certificate and shall so notify the attorney, parent, or registrant, if of legal age, of the fee required for processing the amendment which includes one certification of the amended certificate.

Rulemaking Authority 382.003(10), (11), 382.015(6), 382.016, 382.0255(3) FS. Law Implemented 63.152, 382.003(7), (11), 382.015, 382.016, 382.017 FS. History–New 1-1-77, Formerly 10D-49.14, Amended 10-1-88, 4-18-96, 12-26-96, Formerly 10D-49.014, Amended 11-11-98, 7-18-00, 2-29-04, 10-19-04, 5-13-08,­­­­_______________.

 

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, (04/16) Aug 08, hereby incorporated by reference and available from http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, or from the Office of Vital Statistics at www.FloridaVitalStatisticsOnline.com, or 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 Decree of Adoption, DH Form 527, (04/16), 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,(04/16) Aug 08, incorporated by reference in subsection (1) of Rule 64V-1.0031, F.A.C., that has been granted pursuant to section Section 382.017, F.S., and an Application for Certificate of Foreign Birth, DH Form 1178, (04/16) June 07, hereby incorporated by reference and available from http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, or from the Office of Vital Statistics at www.FloridaVitalStatisticsOnline.com, or from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042, electronically create a Certificate of Foreign Birth, DH Form 1156, (04/16) Nov. 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 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, 7-28-09,                        .

 

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 Section 742.10 or 382.015(2), F.S., or disestablishing paternity by a Florida court pursuant to section Section 742.18, F.S., shall be recorded on a Certified Statement of Final Judgment of Paternity, DH Form 673, 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) Upon receipt of a final order establishing paternity or a final order of paternity and child support rendered pursuant to section Section 409.256, F.S., the department shall amend the birth certificate if the child was born in this state.

(3) A request to amend a birth certificate upon written request of the parents pursuant to paragraph (1)(b) of section Section 382.016, F.S., shall be submitted on an Acknowledgment of Paternity, DH Form 432, Feb. 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. The Acknowledgment of Paternity, DH 432, must be signed by both parents before a notarizing official or before two witnesses.

(4) An acknowledgment of paternity that was made at the hospital at the time of a child’s birth or subsequently by acknowledging paternity pursuant to paragraph (1)(b) of section Section 382.016, F.S., may be rescinded by either party within 60 days of the date the acknowledgment was signed by filing a Paternity Acknowledgment Rescission Affidavit, DH Form 2102, May 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. Filing a rescission will not affect the parentage as recorded on the birth record and if the father’s name, is to be removed, an order from a court of competent jurisdiction directing that the birth record be amended to remove the father’s name is required.

(5) Any judgment establishing paternity resulting from an affirmation of paternal status for gestational surrogacy pursuant to section Section 742.16, F.S., shall be recorded on a Certified Statement of Final Order of Affirmation of Parental Status, DH Form 1905, (04/16) Oct. 02, 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 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), 742.10, 742.16, 742.18(8), 409.256(11)(d) FS. History–New 11-11-98, Amended 7-18-00, 2-29-04, 10-19-04, 5-13-08,                     .

 

64V-1.0033 Birth Certificate Amendment by Legal Change of Name; Judicial Process.

(1) Any judgment of change of name entered in this state pursuant to subsection (4) of section Section 68.07, F.S., shall be recorded on a Report of Legal Change of Name, DH Form 427, (04/16) July 03, hereby incorporated by reference and available from the department.

(2) In the case of a name change which also changes the name of the parent(s), only the name of the registrant shall also be amended except when the court order specifically directs the department to amend the birth certificate in regard to the name change of the parent(s). In such cases, submission of a certified copy of the court order granting the name change shall also be required.

(3) Upon receipt of a Report of Legal Change of Name, DH Form 427, (04/16), incorporated by reference in subsection (1) of Rule 64V-1.0033, F.A.C., completed and certified by the clerk of circuit court entering the change of name or an order of name change entered by a court of competent jurisdiction in another state, the department shall, except in the case of a woman who has had her maiden name restored or in a case where the court directs the department to file a new birth certificate, amend the birth certificate of the registrant by attaching the report to the birth certificate thereby becoming a permanent part of that record.

(a) In the case of a woman who has had her maiden name restored, no action shall be taken by the department in regard to amending the birth certificate and the report that has been forwarded by the court shall be incorporated into the files of vital statistics.

(b) In a case where the court has directed the department to file a new birth certificate, the original birth certificate shall be removed and shall be placed together with the order granting the name change under seal only to be opened by an order from a court of competent jurisdiction.

Rulemaking Authority 382.003(7), (10), 382.0255(3) FS. Law Implemented 68.07(4) FS. History–New 11-11-98, Amended 2-29-04.

 

PART III BIRTH, DEATH AND FETAL DEATH REGISTRATION

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 Section 382.013, F.S., shall be registered electronically on the department’s electronic birth registration system or by means specified by the state registrar. A Certificate of Live Birth, DH Form 511, (04/16) 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 until an electronic birth registration system is implemented.

(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, (04/16) 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) If a written statement referenced in subsection (2) of Rule 64V-1.006, F.A.C., cannot be obtained, corroborating evidence or action as follows may be substituted:

(a) Presentation of the child for whom the certificate is being filed at the county health department, or a home visit by an official of a county health department to verify the birth; and

(b) A written statement from at least 2 persons other than the parents affirming that to the best of their knowledge of conditions prior to or immediately after the alleged birth that such birth did occur on the date and at the place shown on the certificate; or

(c) If sufficient corroborating evidence cannot be obtained a delayed birth certificate may be filed under section Section 382.0195, F.S.

Rulemaking Authority 382.003(7), (10), 382.013 FS. Law Implemented 382.003(7), (10), (11), 382.013 FS. History–New 10-1-90, Formerly 10D-49.0194, Amended 11-11-98, 7-18-00, 2-29-04, 10-19-04, 5-13-08,                      .

 

64V-1.0061 Death and Fetal Death Registration.

(1) All deaths except for fetal deaths filed pursuant to section 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, (04/16) 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 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, (04/16) Jan. 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.

(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 Authority 382.003(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, 7-28-09,                         .

 

PART IV AMENDMENT OF DEATH AND FETAL DEATH CERTIFICATES

64V-1.007 Death and Fetal Death Certificate Amendments; Who May Apply; Fees; Documentary Evidence Requirements.

(1) Application to amend items shall be submitted with an Application for Amendment to Death or Fetal Death Record, DH Form 524, (04/16) Jun 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 and except for those items requiring the signature of the attending physician or medical examiner as outlined in subsection (2) of Rule 64V-1.007, F.A.C., shall be accompanied by the amendment fee required in subsection (3) of Rule 64V-1.014, F.A.C.

(2) Amendment of the medical certification of the cause of death section, the date of death, hour or time of death, or the place of death (other than street address) on a death certificate shall be confirmed in writing by the certifying physician or the attending physician as listed on the Florida Certificate of Death, DH 512, (04/16), or by the medical examiner with current jurisdiction of the district in which the death occurred. An Affidavit of Amendment to Medical Certification of Death, DH Form 434A, (04/16) Jan. 05, 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 completed and signed before a notarizing official by the certifying physician or the attending physician as listed on the Florida Certificate of Death, DH Form 512, (04/16), or by the medical examiner with current jurisdiction of the district in which the death occurred. Such affidavit shall be attached to the original death certificate. Amendment fees required pursuant to paragraph (1)(c) of section Section 382.0255, F.S., are waived in such cases.

(3) Amendment of the following items on a death certificate shall be made on an Affidavit of Amendment to Certificate of Death, DH Form 433, (04/16) Jan. 00, hereby incorporated by reference and available from the department. Such affidavit shall be signed before a notarizing official by the informant or next of kin and the funeral director except where such signature has been waived by the department pursuant to subsection (4) of Rule 64V-1.007, F.A.C., and shall require the birth certificate of the decedent or two documents as referenced in subsection (6) of Rule 64V-1.007, F.A.C., which were established by the decedent. Documents submitted must be original, certified, or notarized copies and must substantiate the facts to be amended and contain the date the document was originally established:

(a) Name of decedent except that evidence is not required for:

1. A misspelling;

2. A change to an initial as long as other names of decedent are correctly entered and other personal identifying information is correctly shown; or

3. The adding of a given name as long as other names of decedent are correctly entered and other personal identifying information is correctly shown.

(b) Date of birth changed more than 3 months;

(c) Citizenship from alien to United States citizen;

(d) Names of parent(s) except that evidence is not required for:

1. A misspelling;

2. Transposition of given names;

3. A change to an initial as long as other names of parent(s) are correctly entered;

4. Adding of a given name as long as other names of parent(s) are correctly entered; or

5. Adding parent(s) name prior to first marriage maiden surname of mother if married surname shown or if name prior to first marriage maiden surname was omitted as long as other name(s) correctly entered.

(e) Change to marital status as long as the surviving spouse item is not affected by the change; or

(f) Change to name of the surviving spouse if a misspelling or an omission as long as marital status is not affected by the change.

(4) The department may waive the signature of the funeral director as required in subsection (3) of Rule 64V-1.007, F.A.C., in cases where the death occurred more than a year prior to the request for amendment.

(5) The department may not alter the surviving spouse item other than those items in paragraph (3)(f) of Rule 64V-1.007, F.A.C., except on order of a court of competent jurisdiction.

(6) Suggested sources of evidence submitted in support of the amendment are as follows:

(a) Court record;

(b) Naturalization record;

(c) Medical treatment record;

(d) Vital record of parent(s) or child;

(e) Military service record;

(f) Driver’s License;

(g) Census record;

(h) Social security application;

(i) Marriage or divorce record;

(j) Voter registration record;

(k) Insurance record; or

(l) Passport.

(7) Other records which are verifiable may be substituted. Information contained in documents may be combined if they interconnect all the facts required.

(8) Amendment of any item on a fetal death certificate shall be made on an Affidavit of Amendment to Certificate of Fetal Death, DH Form 433A, (04/16) Dec. 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. Such affidavit shall be signed before a notarizing official by a parent listed on the Florida Certificate of Fetal Death, DH Form 428, (04/16) Jan 06, previously incorporated by reference in Rule 64V-1.0061, F.A.C., except in the case where a father’s name is to be added to the Florida Certificate of Fetal Death. In this case, the notarized signatures of both parents mother and father shall be required.

(9) If amendment of the medical certification of the cause of death section or the date of death, hour or time of fetal death or the place of fetal death other than street address on a fetal death certificate is to be amended, in addition to the Affidavit of Amendment to Certificate of Fetal Death, DH Form 433A, (04/16) the amendment shall be confirmed in writing by the attending physician or medical examiner with current jurisdiction of the district in which the fetal death occurred.

Rulemaking Authority 382.003(10), (11), 382.016, 382.0255(3) FS. Law Implemented 382.003(7), (11), 382.011, 382.016 FS. History–New 1-1-77, Formerly 10D-49.22, Amended 10-1-88, 4-18-96, 12-26-96, Formerly 10D-49.022, Amended 11-11-98, 7-18-00, 2-29-04, 12-12-06, 5-13-08,_____________.                              

 

64V-1.0131 Certifications of Vital Records; Information Required for Release; Applicant Identification Requirements.

(1) All requests for certifications of vital record events listed below shall be submitted on the applications identified below or by submitting a request in writing that includes the information outlined in subsections (2) through (4) below. Applications and forms are available from the Department of Health, Bureau of Vital Statistics, P.O. Box 210, Jacksonville, Florida 32231-0042. Commemorative Birth and Marriage Certificates and Certificates of Birth Resulting in Stillbirth are created and issued only from the Bureau of Vital Statistics for purposes of display and are not intended to be used as official certifications.

(a) Application for Florida Birth Record, DH 726, (04/16) Dec. 2010, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, or an Application for Florida Birth Record – County Use, DH 1960, (04/16) June 2013, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, or tax collector office Application for Florida Birth Record, DH 1960TC, (04/16) May 2014, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, all of which are incorporated by reference. In the case of a homeless child or youth as those terms are defined in 42 U.S.C. section 11434a of the McKinney-Vento Homeless Assistance Act of 2001, a Certified Homeless Youth Eligibility Certification, DH 5076, Apr. 2015, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05911, must accompany the application.

(b) Application for Florida Death or Fetal Death Record, DH 727, Jan. 2015, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05912, or an Application for a Florida Death Record – County Use, DH 1961, June 2013, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05967, both incorporated by reference.

(c) Application for a Marriage Record for Licenses Issued in Florida, DH 261, Jan. 2015, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05914.

(d) Application for Dissolution of Marriage Report Granted in Florida, DH 260, Jan. 2015, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05915.

(e) Application for Florida Certificate of Birth Resulting in Stillbirth, DH 728, (04/16) Aug. 2006, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(f) Application for Dissolution of Marriage Report (Divorce or Annulment) Granted in Florida (Apostille or Exemplified), DH 260A, Jan. 2015, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05917.

(g) Application for a Marriage Record for Licenses Issued in Florida (Apostille or Exemplified), DH 261A, Jan 2015, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05918.

(h) Application for Florida Commemorative Marriage Certificate, DH 261C, Jan. 2015, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05919.

(i) Application for a Florida Death or Fetal Death Record (Apostille or Exemplified), DH 727A, Jan. 2015, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05920.

(j) Application for a Florida Birth Record (Apostille or Exemplified), DH 726A, (04/16) Sep. 2010, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(k) Application for Florida Commemorative Birth Certificate, DH 726C, (04/16) Jan. 2015, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(2) In the case of a request for a birth record, if the applicant is not an eligible person as identified in section Section 382.025(1)(a), F.S., an Affidavit to Release a Birth Certificate, DH 1958, Aug. 2010, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05923, or in the case of a death record including cause of death information, if the applicant is not an eligible person as identified in section Section 382.025(2), F.S., an Affidavit to Release Cause of Death Information, DH 1959, Aug 2010, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05924, both incorporated by reference, must be completed by an eligible person authorizing release of the birth record or cause of death information to the applicant.

(3) If a written request is submitted in lieu of the prescribed DH forms, the request shall include the following information:

(a) Name of the person whose record is being requested and the relationship between the applicant and the person whose record is requested.

(b) Date of the event or if date of event is unknown, the year(s) to be searched;

(c) County or city where the birth or death occurred, if known;

(d) If birth, the father’s/parent’s father’s name when father/parent father is named on the record; and full name of the mother/parent mother including name prior to first marriage, if applicable her maiden surname;

(e) If death, name of surviving spouse, if applicable and known and the social security number of decedent, if known.

(4) A copy of valid photo identification must accompany the application or, if presented in person, department personnel must view the original accompanying photo identification for:

(a) Birth less than 100 years old;

(b) Death including cause of death less than 50 years old;

(c) If requesting marriage record and 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.

(d) Primary forms of valid photo identification are: state driver’s license; military identification; passport, state issued identification card, resident alien card issued by the U.S. Department of Justice, Certificate of Naturalization, Department of Corrections or U.S. Department of Justice inmate identification card, pilot’s license or a concealed weapons license.

(e) If valid unexpired photo identification as indicated in paragraph (4)(d) is not available, a minimum of three secondary types of identification may be submitted. Any document submitted must clearly establish the identity of the applicant and shall be reviewed for acceptability prior to issuance of confidential information. Examples of secondary documents are: vehicle registration, vehicle or health insurance cards, life insurance policy, vehicle title, employment photo identification card, school photo identification, U.S. military discharge papers, veteran’s administration card, social security card, marriage license, copies of children’s birth records, property tax bill, WIC, Medicaid or other social services form of identification, or other similar documents if they are helpful in establishing identity and are acceptable to the state registrar.

Rulemaking Authority 382.003(7), (10), 382.025, 382.026, 382.0085, 382.0255(1)(a) FS. Law Implemented 382.025, 382.026, 382.0085 FS. History–New 11-11-98, Amended 2-29-04, 12-12-06, 5-13-08, 10-27-15,                       .

 

64V-1.016 Florida Putative Father Registry.

A claim of paternity filed by an unmarried biological father as defined in section Section 63.032(19), F.S., shall be made on a Florida Putative Father Registry Claim of Paternity, DH 1965,  July, 2012, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06483. 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 1964, July, 2012, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06484. A request for search of the Florida Putative Father Registry shall be made on Florida Putative Father Registry – Application for Search, DH 1963, July, 2012, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06485. A petition to terminate parental rights shall be made on a Petition for Termination of Parental Rights, DH 5075, (04/16) July 2012, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

Rulemaking Authority 63.054(3), (10), (14) FS. Law Implemented 63.054, 63.062(1), 382.0255(1), 382.026 FS. History–New 11-11-98, Amended 2-29-04, 5-13-08, 7-28-09, 3-6-16,                      .

 

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ken Jones, State Registrar

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Celeste Philip, MD, MPH, Surgeon General and Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 05/18/2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 04/19/2016