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The Florida Senate

1998 Florida Statutes

382.016  Amendment of records.--

(1)  The department, upon receipt of the fee prescribed in s. 382.0255, documentary evidence of any misstatement, error, or omission occurring in any birth, death, or fetal death record as may be required by department rule, and an affidavit setting forth the changes to be made, shall amend or replace the original certificate as necessary. However, except for a misspelling or an omission on a death certificate with regard to the name of the surviving spouse, the department may not change the name of the surviving spouse on the certificate except by order of a court of competent jurisdiction.

(2)  Until a child's first birthday, the child's given name or surname may be amended upon receipt of the fees prescribed in s. 382.0255 and an affidavit signed by each parent named on the original birth certificate or by the registrant's guardian. If both parents are named on the certificate but both are not willing or available to sign the affidavit, the registrant's name may only be amended by court order.

History.--ss. 1, 2, 3, ch. 24114, 1947; s. 120, ch. 77-147; s. 14, ch. 87-387; s. 99, ch. 97-237.

Note.--Former s. 382.49.