Florida Senate - 2015                              CS for SB 640
       
       
        
       By the Committee on Health Policy; and Senator Detert
       
       
       
       
       
       588-02131-15                                           2015640c1
    1                        A bill to be entitled                      
    2         An act relating to vital statistics; amending s.
    3         382.002, F.S.; providing and revising definitions;
    4         amending s. 382.003, F.S.; authorizing the Department
    5         of Health to produce and maintain paper death
    6         certificates and fetal death certificates and issue
    7         burial-transit permits; amending s. 382.006, F.S.;
    8         requiring a funeral director to provide burial-transit
    9         permits to certain persons; assigning responsibility
   10         for manually filed paper death records to the
   11         subregistrar; authorizing the department to adopt
   12         rules; amending s. 382.007, F.S.; revising provisions
   13         relating to records of final dispositions of dead
   14         bodies; requiring maintenance of records for a
   15         specified period; amending s. 382.008, F.S.; requiring
   16         electronic filing of death and fetal death
   17         certificates with the department or local registrar on
   18         a prescribed form; authorizing certain legally
   19         authorized persons to provide personal data about the
   20         deceased; authorizing the department, rather than the
   21         local registrar, to grant an extension of time for
   22         providing certain information regarding a death or a
   23         fetal death; amending s. 382.0085, F.S.; conforming a
   24         cross-reference; amending s. 382.011, F.S.; retaining
   25         a funeral director’s responsibility to file a death or
   26         fetal death certificate with the department, rather
   27         than with the local registrar; amending s. 382.0135,
   28         F.S.; requiring the department to electronically
   29         notify the United States Social Security
   30         Administration of deaths in the state; providing an
   31         effective date.
   32          
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Present subsections (1) through (17) of section
   36  382.002, Florida Statutes, are redesignated as subsections (2)
   37  through (18), respectively, present subsections (8) and (9) are
   38  amended, and a new subsection (1) is added to that section, to
   39  read:
   40         382.002 Definitions.—As used in this chapter, the term:
   41         (1) “Burial-transit permit” means a permit issued by the
   42  department that authorizes the final disposition of a dead body.
   43         (9)(8) “Final disposition” means the burial, interment,
   44  entombment, cremation, removal from the state, anatomical
   45  donation, or other authorized disposition of a dead body or a
   46  fetus as described in subsection (8) (7). In the case of
   47  cremation, dispersion of ashes or cremation residue is
   48  considered to occur after final disposition; the cremation
   49  itself is considered final disposition. In the case of
   50  anatomical donation of a dead body, the donation itself is
   51  considered final disposition.
   52         (10)(9) “Funeral director” means a licensed funeral
   53  director or direct disposer licensed pursuant to chapter 497 who
   54  first assumes custody of or effects the final disposition of a
   55  dead body or a fetus as described in subsection (8) (7).
   56         Section 2. Subsection (9) of section 382.003, Florida
   57  Statutes, is amended to read:
   58         382.003 Powers and duties of the department.—The department
   59  shall:
   60         (9) Appoint one or more suitable persons to act as
   61  subregistrars, who shall be authorized to produce and maintain
   62  paper receive death certificates and fetal death certificates
   63  and to issue burial-transit burial permits in and for such
   64  portions of one or more districts as may be designated. A
   65  subregistrar may be removed from office by the department for
   66  neglect of or failure to perform his or her duty in accordance
   67  with this chapter.
   68         Section 3. Subsections (1) and (6) of section 382.006,
   69  Florida Statutes, are amended, and subsection (7) is added to
   70  that section, to read:
   71         382.006 Burial-transit permit.—
   72         (1) The funeral director who first assumes custody of a
   73  dead body or fetus must obtain a burial-transit permit before
   74  prior to final disposition and within 5 days after death. The
   75  funeral director shall provide the manually produced or
   76  electronic burial-transit permit generated from the electronic
   77  death registration system to the person in charge of the place
   78  of final disposition. The application for a burial-transit
   79  permit must be signed by the funeral director and include the
   80  funeral director’s license number. The funeral director must
   81  attest on the application that he or she has contacted the
   82  physician’s or medical examiner’s office and has received
   83  assurance that the physician or medical examiner will provide
   84  medical certification of the cause of death within 72 hours
   85  after receipt of the death certificate from the funeral
   86  director.
   87         (6) For manually filed paper death records, the
   88  subregistrar in the licensed funeral or direct disposal
   89  establishment is responsible for producing and maintaining death
   90  and fetal death certificates and burial-transit permits in
   91  accordance with this chapter. Burial-transit permits filed with
   92  the local registrar under the provisions of this chapter may be
   93  destroyed after the expiration of 3 years from the date of
   94  filing.
   95         (7) The department may adopt rules to implement this
   96  section.
   97         Section 4. Section 382.007, Florida Statutes, is amended to
   98  read:
   99         382.007 Final dispositions prohibited without burial
  100  transit permit; records of dead bodies disposed.—A person in
  101  charge of any premises on which final dispositions are made
  102  shall not dispose inter or permit the interment or other
  103  disposition of any dead body unless it is accompanied by a
  104  burial-transit permit. Any Such person shall enter endorse upon
  105  the permit the date of final interment, or other disposition,
  106  over his or her signature, and shall return all permits so
  107  endorsed to the local registrar of the district where the place
  108  of final disposition is located within 10 days from the date of
  109  interment or other disposition. He or she shall keep a record of
  110  all dead bodies interred or otherwise disposed of on the
  111  premises under his or her charge, in each case stating the name
  112  of each deceased person, place of death, date of final burial or
  113  other disposition, and name and address of the funeral director,
  114  which record shall at all times be open to official inspection.
  115  The burial-transit permit on file may satisfy this requirement.
  116  The funeral director, when disposing of burying a dead body in a
  117  cemetery having no person in charge, shall enter the date of
  118  final disposition on sign the burial-transit permit, giving the
  119  date of burial, and shall write across the face of the permit
  120  the words “No person in charge,on the permit, and keep the
  121  permit on file for at least 3 years after the date of final
  122  disposition and file the permit within 10 days after burial with
  123  the local registrar of the district in which the cemetery is
  124  located.
  125         Section 5. Subsection (1), paragraph (a) of subsection (2),
  126  and paragraph (a) of subsection (3) of section 382.008, Florida
  127  Statutes, are amended to read:
  128         382.008 Death and fetal death registration.—
  129         (1) A certificate for each death and fetal death which
  130  occurs in this state shall be filed electronically on the
  131  department electronic death registration system or on a form
  132  prescribed by the department with the department or local
  133  registrar of the district in which the death occurred on a form
  134  prescribed by the department. A certificate shall be filed
  135  within 5 days after such death and prior to final disposition,
  136  and shall be registered by the department such registrar if it
  137  has been completed and filed in accordance with this chapter or
  138  adopted rules. The certificate shall include the decedent’s
  139  social security number, if available. In addition, each
  140  certificate of death or fetal death:
  141         (a) If requested by the informant, shall include aliases or
  142  “also known as” (AKA) names of a decedent in addition to the
  143  decedent’s name of record. Aliases shall be entered on the face
  144  of the death certificate in the space provided for name if there
  145  is sufficient space. If there is not sufficient space, aliases
  146  may be recorded on the back of the certificate and shall be
  147  considered part of the official record of death;
  148         (b) If the place of death is unknown, shall be registered
  149  in the registration district in which the dead body or fetus was
  150  is found within 5 days after such occurrence; and
  151         (c) If death occurs in a moving conveyance, shall be
  152  registered in the registration district in which the dead body
  153  was first removed from such conveyance.
  154         (2)(a) The funeral director who first assumes custody of a
  155  dead body or fetus shall file the certificate of death or fetal
  156  death. In the absence of the funeral director, the physician or
  157  other person in attendance at or after the death or the district
  158  medical examiner of the county in which the death occurred or
  159  the body was found shall file the certificate of death or fetal
  160  death. The person who files the certificate shall obtain
  161  personal data from a legally authorized person as defined in s.
  162  497.005 the next of kin or the best qualified person or source
  163  available. The medical certification of cause of death shall be
  164  furnished to the funeral director, either in person or via
  165  certified mail or electronic transfer, by the physician or
  166  medical examiner responsible for furnishing such information.
  167  For fetal deaths, the physician, midwife, or hospital
  168  administrator shall provide any medical or health information to
  169  the funeral director within 72 hours after expulsion or
  170  extraction.
  171         (3) Within 72 hours after receipt of a death or fetal death
  172  certificate from the funeral director, the medical certification
  173  of cause of death shall be completed and made available to the
  174  funeral director by the decedent’s primary or attending
  175  physician or, if s. 382.011 applies, the district medical
  176  examiner of the county in which the death occurred or the body
  177  was found. The primary or attending physician or medical
  178  examiner shall certify over his or her signature the cause of
  179  death to the best of his or her knowledge and belief. As used in
  180  this section, the term “primary or attending physician” means a
  181  physician who treated the decedent through examination, medical
  182  advice, or medication during the 12 months preceding the date of
  183  death.
  184         (a) The department local registrar may grant the funeral
  185  director an extension of time if upon a good and sufficient
  186  showing of any of the following conditions exist:
  187         1. An autopsy is pending.
  188         2. Toxicology, laboratory, or other diagnostic reports have
  189  not been completed.
  190         3. The identity of the decedent is unknown and further
  191  investigation or identification is required.
  192         Section 6. Subsection (9) of section 382.0085, Florida
  193  Statutes, is amended to read:
  194         382.0085 Stillbirth registration.—
  195         (9) This section or s. 382.002(16) s. 382.002(15) may not
  196  be used to establish, bring, or support a civil cause of action
  197  seeking damages against any person or entity for bodily injury,
  198  personal injury, or wrongful death for a stillbirth.
  199         Section 7. Subsection (3) of section 382.011, Florida
  200  Statutes, is amended to read:
  201         382.011 Medical examiner determination of cause of death.—
  202         (3) The funeral director shall retain the responsibility
  203  for preparation of the death or fetal death certificate,
  204  obtaining the necessary signatures, filing with the department
  205  local registrar in a timely manner, and arranging for final
  206  disposition of the body when disposing of the remains when the
  207  remains are released by the medical examiner.
  208         Section 8. Section 382.0135, Florida Statutes, is amended
  209  to read:
  210         382.0135 Social security numbers; electronic notification
  211  of deaths; enumeration-at-birth program.—The department shall
  212  make arrangements with the United States Social Security
  213  Administration to provide electronic notification of deaths that
  214  occur in the state and to participate in the voluntary
  215  enumeration-at-birth program. The State Registrar is authorized
  216  to take any actions necessary to administer the program in this
  217  state, including modifying the procedures and forms used in the
  218  birth registration process.
  219         Section 9. This act shall take effect July 1, 2015.