Florida Senate - 2012                             CS for SB 1662
       
       
       
       By the Committee on Judiciary; and Senator Latvala
       
       
       
       
       590-03221-12                                          20121662c1
    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 who apply to
   13         a court to have the disabilities of nonage removed
   14         shall have court costs waived; requiring a court to
   15         advance such cases on the calendar; providing an
   16         effective date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsections (3) through (16) of section 382.002,
   21  Florida Statutes, are renumbered as subsections (4) through
   22  (17), respectively, a new subsection (3) is added to that
   23  section, and present subsections (7) and (8) of that section are
   24  amended, to read:
   25         382.002 Definitions.—As used in this chapter, the term:
   26         (3) “Certified homeless youth” means a minor who is a
   27  homeless child or youth, including an unaccompanied youth, as
   28  those terms are defined in 42 U.S.C. s. 11434a, and who has been
   29  certified as homeless or unaccompanied by:
   30         (a) A school district homeless liaison;
   31         (b) The director of an emergency shelter program funded by
   32  the United States Department of Housing and Urban Development,
   33  or the director’s designee; or
   34         (c) The director of a runaway or homeless youth basic
   35  center or transitional living program funded by the United
   36  States Department of Health and Human Services, or the
   37  director’s designee.
   38         (8)(7) “Final disposition” means the burial, interment,
   39  cremation, removal from the state, or other authorized
   40  disposition of a dead body or a fetus as described in subsection
   41  (7) (6). In the case of cremation, dispersion of ashes or
   42  cremation residue is considered to occur after final
   43  disposition; the cremation itself is considered final
   44  disposition.
   45         (9)(8) “Funeral director” means a licensed funeral director
   46  or direct disposer licensed pursuant to chapter 497 or other
   47  person who first assumes custody of or effects the final
   48  disposition of a dead body or a fetus as described in subsection
   49  (7) (6).
   50         Section 2. Subsection (9) of section 382.0085, Florida
   51  Statutes, is amended to read:
   52         382.0085 Stillbirth registration.—
   53         (9) This section or s. 382.002(15) 382.002(14) may not be
   54  used to establish, bring, or support a civil cause of action
   55  seeking damages against any person or entity for bodily injury,
   56  personal injury, or wrongful death for a stillbirth.
   57         Section 3. Paragraph (a) of subsection (1) of section
   58  382.025, Florida Statutes, is amended to read:
   59         382.025 Certified copies of vital records; confidentiality;
   60  research.—
   61         (1) BIRTH RECORDS.—Except for birth records over 100 years
   62  old which are not under seal pursuant to court order, all birth
   63  records of this state shall be confidential and are exempt from
   64  the provisions of s. 119.07(1).
   65         (a) Certified copies of the original birth certificate or a
   66  new or amended certificate, or affidavits thereof, are
   67  confidential and exempt from the provisions of s. 119.07(1) and,
   68  upon receipt of a request and payment of the fee prescribed in
   69  s. 382.0255, shall be issued only as authorized by the
   70  department and in the form prescribed by the department, and
   71  only:
   72         1. To the registrant, if the registrant is of legal age, is
   73  a certified homeless youth, or is a minor who has had the
   74  disabilities of nonage removed under s. 743.01 or s. 743.015;
   75         2. To the registrant’s parent or guardian or other legal
   76  representative;
   77         3. Upon receipt of the registrant’s death certificate, to
   78  the registrant’s spouse or to the registrant’s child,
   79  grandchild, or sibling, if of legal age, or to the legal
   80  representative of any of such persons;
   81         4. To any person if the birth record is over 100 years old
   82  and not under seal pursuant to court order;
   83         5. To a law enforcement agency for official purposes;
   84         6. To any agency of the state or the United States for
   85  official purposes upon approval of the department; or
   86         7. Upon order of any court of competent jurisdiction.
   87         Section 4. Section 743.067, Florida Statutes, is created to
   88  read:
   89         743.067 Unaccompanied youths.—An unaccompanied youth, as
   90  defined in 42 U.S.C. s. 11434a, who is also a certified homeless
   91  youth, as defined in s. 382.002, and who is 16 years of age or
   92  older may petition the circuit court to have the disabilities of
   93  nonage removed under s. 743.015. The youth shall qualify as a
   94  person who is not required to prepay costs and fees as provided
   95  in s. 57.081. The court shall advance the cause on the calendar.
   96         Section 5. This act shall take effect July 1, 2012.