Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for SB 746
                        Barcode 311186
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: 2/AD/2R          .                    
       04/05/2006 10:46 AM         .                    
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11  Senator Wise moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 5, line 20, through
15            page 8, line 22, delete those lines
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17  and insert:  
18         (b)  The State Registrar may receive electronically a
19  certificate of death or fetal death which is required to be
20  filed with the registrar under this chapter through facsimile
21  or other electronic transfer for the purpose of filing the
22  certificate. The receipt of a certificate of death or fetal
23  death by electronic transfer constitutes delivery to the State
24  Registrar as required by law.
25         Section 3.  Section 382.0085, Florida Statutes, is
26  created to read:
27         382.0085  Stillbirth registration.--
28         (1)  For any stillborn child in this state, the
29  department shall, within 60 days, issue a certificate of birth
30  resulting in stillbirth upon the request of a parent named on
31  a fetal death certificate.
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    6:31 PM   04/04/06                             s0746c1c-05-s04

Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 746 Barcode 311186 1 (2) The person who is required to file a fetal death 2 certificate under this chapter shall advise the parent of a 3 stillborn child: 4 (a) That the parent may request the preparation of a 5 certificate of birth resulting in stillbirth in addition to 6 the fetal death certificate; 7 (b) That the parent may obtain a certificate of birth 8 resulting in stillbirth by contacting the Office of Vital 9 Statistics; 10 (c) How the parent may contact the Office of Vital 11 Statistics to request a certificate of birth resulting in 12 stillbirth; and 13 (d) That a copy of the original certificate of birth 14 resulting in stillbirth is a document that is available as a 15 public record when held by an agency as defined under s. 16 119.011(2). 17 (3) The request for a certificate of birth resulting 18 in stillbirth must be on a form prescribed by the department 19 by rule and include the date of the stillbirth and the county 20 in which the stillbirth occurred. The request shall normally 21 include the state file number of the fetal death report 22 pursuant to s. 382.008. 23 (4) The certificate of birth resulting in stillbirth 24 must contain: 25 (a) The date of the stillbirth. 26 (b) The county in which the stillbirth occurred. 27 (c) The name of the stillborn child as provided on the 28 original or amended certificate of the fetal death report 29 pursuant to s. 382.008. If a name does not appear on the 30 original or amended fetal death certificate and the requesting 31 parent does not wish to provide a name, the Office of Vital 2 6:31 PM 04/04/06 s0746c1c-05-s04
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 746 Barcode 311186 1 Statistics shall fill in the certificate of birth resulting in 2 stillbirth with the name "baby boy" or "baby girl" and the 3 last name of the parents as provided in s. 382.013(3). 4 (d) The state file number of the corresponding 5 certificate of fetal death. 6 (e) The following statement: "This certificate is not 7 proof of live birth." 8 (5) A certificate of birth resulting in stillbirth 9 shall be a public record when held by an agency as defined 10 under s. 119.011(2). The Office of Vital Statistics must 11 inform any parent who requests a certificate of birth 12 resulting in stillbirth that a copy of the document is 13 available as a public record. 14 (6) A parent may request that the Office of Vital 15 Statistics issue a certificate of birth resulting in 16 stillbirth regardless of the date on which the certificate of 17 fetal death was issued. 18 (7) It is final agency action, not subject to review 19 under chapter 120, for the Office of Vital Statistics to 20 refuse to issue a certificate to a person who is not a parent 21 named on the fetal death certificate and who is not entitled 22 to a certificate of birth resulting in stillbirth. 23 (8) The Office of Vital Statistics may not use a 24 certificate of birth resulting in stillbirth to calculate live 25 birth statistics. 26 (9) This section or s. 382.002(14) may not be used to 27 establish, bring, or support a civil cause of action seeking 28 damages against any person or entity for bodily injury, 29 personal injury, or wrongful death for a stillbirth. 30 (10) The department shall prescribe by rules adopted 31 pursuant to ss. 120.536(1) and 120.54 the form, content, and 3 6:31 PM 04/04/06 s0746c1c-05-s04
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 746 Barcode 311186 1 process for the certificate of birth resulting in stillbirth. 2 Section 4. Paragraph (h) is added to subsection (1) of 3 section 382.013, Florida Statutes, to read: 4 382.013 Birth registration.--A certificate for each 5 live birth that occurs in this state shall be filed within 5 6 days after such birth with the local registrar of the district 7 in which the birth occurred and shall be registered by the 8 local registrar if the certificate has been completed and 9 filed in accordance with this chapter and adopted rules. The 10 information regarding registered births shall be used for 11 comparison with information in the state case registry, as 12 defined in chapter 61. 13 (1) FILING.-- 14 (h) The State Registrar may receive electronically a 15 birth certificate for each live birth which is required to be 16 filed with the registrar under this chapter through facsimile 17 or other electronic transfer for the purpose of filing the 18 birth certificate. The receipt of a birth certificate by 19 electronic transfer constitutes delivery to the State 20 Registrar as required by law. 21 22 23 ================ T I T L E A M E N D M E N T =============== 24 And the title is amended as follows: 25 On page 1, line 5, through 26 page 2, line 12, delete those lines 27 28 and insert: 29 authorizing the State Registrar of the Office 30 of Vital Statistics of the Department of Health 31 to receive electronically the certificate of 4 6:31 PM 04/04/06 s0746c1c-05-s04
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 746 Barcode 311186 1 death or fetal death which is required to be 2 filed with the local registrar; creating s. 3 382.0085, F.S.; requiring the Department of 4 Health to issue a certificate of birth 5 resulting in stillbirth upon request of 6 specified parent; requiring that the person 7 required to file the fetal death certificate 8 advise a parent of a stillborn child about the 9 availability of a certificate of birth 10 resulting in stillbirth; requiring that the 11 person required to file the fetal death 12 certificate inform a parent of a stillborn 13 child that copies of the birth certificate 14 resulting in stillbirth may be available as a 15 public record; requiring the use of a form 16 prescribed by the Department of Health and the 17 provision of specified information to request a 18 certificate of birth resulting in stillbirth; 19 providing requirements for the certificate of 20 birth resulting in stillbirth; designating the 21 certificate of birth resulting in stillbirth as 22 a public record; authorizing a parent to 23 request a certificate of birth resulting in 24 stillbirth without regard to the date on which 25 the certificate of fetal death was issued; 26 designating the refusal to issue a certificate 27 of birth resulting in stillbirth to certain 28 persons as final agency action that is not 29 subject to administrative review; prohibiting 30 the use of certificates of birth resulting in 31 stillbirth to calculate live birth statistics; 5 6:31 PM 04/04/06 s0746c1c-05-s04
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 746 Barcode 311186 1 prohibiting provisions from being used in 2 certain civil actions; authorizing rulemaking 3 by the Department of Health for the certificate 4 of birth resulting in stillbirth; amending s. 5 382.013, F.S.; authorizing the State Registrar 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 6:31 PM 04/04/06 s0746c1c-05-s04