Florida Senate - 2012                                    SB 1662
       
       
       
       By Senator Latvala
       
       
       
       
       16-01165B-12                                          20121662__
    1                        A bill to be entitled                      
    2         An act relating to homeless youth; amending s.
    3         382.002, F.S.; defining the term “certified homeless
    4         youth”; conforming a cross-reference; amending s.
    5         382.0085, F.S.; conforming cross-references; amending
    6         s. 382.025, F.S.; providing that a minor who is a
    7         certified homeless youth or who has had the
    8         disabilities on nonage removed under specified
    9         provisions may obtain a certified copy of his or her
   10         birth certificate; creating s. 743.067, F.S.;
   11         providing that unaccompanied youths who are certified
   12         homeless youths 16 years of age or older shall have
   13         specified rights as long as they retain that status;
   14         providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Subsections (3) through (16) of section 382.002,
   19  Florida Statutes, are renumbered as subsections (4) through
   20  (17), respectively, a new subsection (3) is added to that
   21  section, and present subsections (7) and (8) of that section are
   22  amended, to read:
   23         382.002 Definitions.—As used in this chapter, the term:
   24         (3) “Certified homeless youth” means a minor who is a
   25  homeless child or youth, including an unaccompanied youth, as
   26  those terms are defined in 42 U.S.C. s. 11434a, and who has been
   27  certified as homeless or unaccompanied by:
   28         (a) A school district homeless liaison;
   29         (b) The director of an emergency shelter program funded by
   30  the United States Department of Housing and Urban Development,
   31  or the director’s designee; or
   32         (c) The director of a runaway or homeless youth basic
   33  center or transitional living program funded by the United
   34  States Department of Health and Human Services, or the
   35  director’s designee.
   36         (8)(7) “Final disposition” means the burial, interment,
   37  cremation, removal from the state, or other authorized
   38  disposition of a dead body or a fetus as described in subsection
   39  (7) (6). In the case of cremation, dispersion of ashes or
   40  cremation residue is considered to occur after final
   41  disposition; the cremation itself is considered final
   42  disposition.
   43         (9)(8) “Funeral director” means a licensed funeral director
   44  or direct disposer licensed pursuant to chapter 497 or other
   45  person who first assumes custody of or effects the final
   46  disposition of a dead body or a fetus as described in subsection
   47  (7) (6).
   48         Section 2. Subsection (9) of section 382.0085, Florida
   49  Statutes, is amended to read:
   50         382.0085 Stillbirth registration.—
   51         (9) This section or s. 382.002(15) 382.002(14) may not be
   52  used to establish, bring, or support a civil cause of action
   53  seeking damages against any person or entity for bodily injury,
   54  personal injury, or wrongful death for a stillbirth.
   55         Section 3. Paragraph (a) of subsection (1) of section
   56  382.025, Florida Statutes, is amended to read:
   57         382.025 Certified copies of vital records; confidentiality;
   58  research.—
   59         (1) BIRTH RECORDS.—Except for birth records over 100 years
   60  old which are not under seal pursuant to court order, all birth
   61  records of this state shall be confidential and are exempt from
   62  the provisions of s. 119.07(1).
   63         (a) Certified copies of the original birth certificate or a
   64  new or amended certificate, or affidavits thereof, are
   65  confidential and exempt from the provisions of s. 119.07(1) and,
   66  upon receipt of a request and payment of the fee prescribed in
   67  s. 382.0255, shall be issued only as authorized by the
   68  department and in the form prescribed by the department, and
   69  only:
   70         1. To the registrant, if the registrant is of legal age, is
   71  a certified homeless youth, or is a minor who has had the
   72  disabilities of nonage removed under s. 743.01 or s. 743.015;
   73         2. To the registrant’s parent or guardian or other legal
   74  representative;
   75         3. Upon receipt of the registrant’s death certificate, to
   76  the registrant’s spouse or to the registrant’s child,
   77  grandchild, or sibling, if of legal age, or to the legal
   78  representative of any of such persons;
   79         4. To any person if the birth record is over 100 years old
   80  and not under seal pursuant to court order;
   81         5. To a law enforcement agency for official purposes;
   82         6. To any agency of the state or the United States for
   83  official purposes upon approval of the department; or
   84         7. Upon order of any court of competent jurisdiction.
   85         Section 4. Section 743.067, Florida Statutes, is created to
   86  read:
   87         743.067 Unaccompanied youths.—An unaccompanied youth, as
   88  defined in 42 U.S.C. s. 11434a, who is also a certified homeless
   89  youth, as defined in s. 382.002, and who is 16 years of age or
   90  older shall have the same rights as a minor who has had the
   91  disabilities of nonage removed under s. 743.015 and may not be
   92  required to have a parent or guardian’s consent for any purpose
   93  for as long as he or she meets the criteria of those
   94  definitions.
   95         Section 5. This act shall take effect upon becoming a law.