The purpose and effect of these rule amendments is to clarify requirements for requesting vital records and monthly reporting. The Department is also removing redundant language and updating forms.

 

DEPARTMENT OF HEALTH

Vital Statistics

RULE NOS.:RULE TITLES:

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

64V-1.020Marriage Reporting

64V-1.021Dissolution of Marriage Reporting

PURPOSE AND EFFECT: The purpose and effect of these rule amendments is to clarify requirements for requesting vital records and monthly reporting. The Department is also removing redundant language and updating forms.

SUMMARY: SUMMARY: Rule 64V-1.0131, F.A.C: Several forms that have been updated and forms for various vital statistics records requests have been incorporated. Requirements for obtaining records clarified and redundant language removed. Rule 64V-1.020, F.A.C.: Marriage report form updated, a form for affirmation of common children incorporated and a form for monthly reports incorporated. Rule 64V-1.021: Dissolution of marriage form updated and a form for monthly reports incorporated.

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 Section 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: 382.025, 382.0085, 382.0255(1)(a) FS.

LAW IMPLEMENTED: 382.0085, 382.021, 382.023, 741.01(1) 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:

 

Substantial rewording of Rule 64V-1.0131 follows. See Florida Administrative Code for present text.

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 and at    DOS link    .  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, Dec. 2010, or an Application for Florida Birth Record – County Use, DH 1960, June 2013, or tax collector office Application for Florida Birth Record, DH 1960TC, May 2014, 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 Education Assistance Improvement Act of 2001, a Certified Homeless Youth Eligibility Certification, DH 5076, Apr. 2015, incorporated by reference, must accompany the application.

(b) Application for Florida Death or Fetal Death Record, DH 727, Jan. 2015, or an Application for a Florida Death Record – County Use, DH 1961, June 2013, both incorporated by reference.

(c) Application for a Marriage Record for Licenses Issued in Florida, DH 261, Jan. 2015, incorporated by reference.

(d) Application for Dissolution of Marriage Report Granted in Florida, DH 260, Jan. 2015, incorporated by reference.

(e) Application for Florida Certificate of Birth Resulting in Stillbirth, DH 728, Aug. 2006, incorporated by reference.

(f) Application for Dissolution of Marriage Report (Divorce or Annulment) Granted in Florida (Apostile or Exemplified), DH 260A, Jan. 2015, incorporated by reference.

(g) Application for a Marriage Record for Licenses Issued in Florida (Apostile or Exemplified), DH 261A, Jan 2015, incorporated by reference.

(h) Application for Florida Commemorative Marriage Certificate, DH 261C, Jan. 2015, incorporated by reference.

(i) Application for a Florida Death or Fetal Death Record (Apostile or Exemplified), DH 727A, Jan. 2015, incorporated by reference.

(j) Application for a Florida Birth Record (Apostile or Exemplified), DH 726A, Sep. 2010, incorporated by reference.

(k) Application for Florida Commemorative Birth Certificate, DH 726C, Jan. 2015, incorporated by reference.

(2) In the case of a request for a birth record, if the applicant is not an eligible person as identified in section 382.025(1)(a), F.S., an Affidavit to Release a Birth Certification, DH 1958, Aug. 2010, 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 382.025(2), F.S., an Affidavit to Release Cause of Death Information, DH 1959, Aug 2010, 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 name when father is named on the record; and full name of the mother including 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 subsection (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 Specific Authority 382.003(7), (10), 382.025, 382.0085, 382.0255(1)(a), FS. Law Implemented 382.025, 382.0085 FS. History–New 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 an electronic system provided by the Department of Health or on a Marriage Record, DH Form 743, Jan. 2015, Apr. 98, hereby incorporated by reference. Both parties to a marriage may affirm they have children in common born in Florida using an Affirmation of Common Child(ren) Born in Florida, DH 743A, Jan. 2015, incorporated by reference. Unless transmitted electronically, monthly marriage reports required by section 382.021 F.S. shall include the Marriage Monthly Report, DH 133, Feb. 2004, incorporated by reference.  Forms are and available from the Florida Department of Health, Bureau State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042, and at   DOS link      . or on an electronic system provided by the Department of Health.

Rulemaking Specific Authority 382.003(7), (10) FS. Law Implemented 382.021, 741.01(1) 382.023 FS. History-New 2-29-04, Amended 5-13-08,                    .

 

64V-1.021 Dissolution of Marriage Reporting.

Dissolution of Marriages shall be recorded on an electronic system provided by the Department of Health or on a Report of Dissolution of Marriage – Annulment of Marriage, DH Form 513, Jan. 2015, Oct. 96, hereby incorporated by reference. Unless transmitted electronically, monthly reports required by section 382.023 F.S. shall include the Dissolution of Marriage Monthly Report, DH 730, Feb. 2004, incorporated by reference.  and Forms are available from the Florida Department of Health, Bureau State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042, and at   DOS link       . or on an electronic system provided by the Department of Health.

Rulemaking Specific Authority 382.003(7), (10) FS. Law Implemented 382.023 FS. History-New 2-29-04, Amended 5-13-08, ___.

 

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: July 9, 2015

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