64V-1.001: Delayed Birth Registration Requirements; Fees
64V-1.002: Birth Certificate Amendments; Who May Apply; Fees
64V-1.0031: Birth Certificate Amendments by Adoption
64V-1.0032: Birth Certificate Amendments by Paternity Establishment; Judicial and Administrative Process
64V-1.006: Birth Registration; Evidence Required for Births Occurring Outside of a Facility
64V-1.0061: Death and Fetal Death Registration
64V-1.007: Death and Fetal Death Certificate Amendments; Who May Apply; Fees; Documentary Evidence Requirements
64V-1.008: Delayed Death or Delayed Fetal Death Registration
64V-1.0081: Presumptive Death Registration
64V-1.0131: Certifications of Vital Records; Information Required for Release; Applicant Identification Requirements
64V-1.014: Fees for Vital Statistics Services Provided by State Registrar
64V-1.016: Florida Putative Father Registry
64V-1.020: Marriage Reporting
64V-1.021: Dissolution of Marriage Reporting
PURPOSE AND EFFECT: To update forms used in current processing of vital records registration, amendment thereto, and issuance of said records to clarify instructions and provide location of availability of forms. Incorporating into rule forms used for applying for certifications of marriage or divorce records. Amending rule to change language to agree with statute governing the acknowledgment of paternity process by removing requirement of notarization of form, addressing form to be used for filing a disestablishment of paternity, amending current rule to include process of amending a record as a result of administrative proceeding to establish paternity and amending language stating photocopy can be ordered in place of computer certification to include wording “and is available”. Adding language to allow for electronic creation of birth, death, marriage and dissolution of marriage records using a system adopted by the Department of Health, and the electronic creation and issuance of a Florida Delayed Birth Certificate and Certificate of Foreign Birth.
SUMMARY: The Office of Vital Statistics wishes to improve the quality of service to its clients. Therefore, forms are being updated to provide additional guidance and clarification. The Office of Vital Statistics is implementing the electronic submission and creation of certain vital records.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 63.054(3), (9), (10), (14), 382.003(7), (10), (11), 382.008, 382.0085, 382.012, 382.013, 382.015(6), 382.016, 382.016(1), 382.017, 382.019, 382.025 382.0255(1)(a), (b), (3) FS.
LAW IMPLEMENTED: 63.054, 63.054(9), 63.062(1), 63.152, 382.003(7), (10), (11), 382.008, 382.0085, 382.011, 382.012, 382.013, 382.015, 382.015(2), (3), 382.016, 382.016(1)(b), 382.017, 382.019, 382.023, 382.025, 382.0255(1), 409.256(11)(d), 742.10, 742.16, 742.18(8) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Monday, March 3, 2008, 10:00 a.m.
PLACE: Department of Health, State Office of Vital Statistics, 1217 Pearl St., Boorde Bldg., Rm. 420, Jacksonville, Florida 32202
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 3 days before the workshop/meeting by contacting: Kevin Wright, Operations Manager, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042, telephone (904)359-6900, ext. 1004. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kevin Wright, Operations Manager, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042
THE FULL TEXT OF THE PROPOSED RULE IS:
64V-1.001 Delayed Birth Registration Requirements; Fees.
(1) All delayed birth registrations must be accompanied by an Application for Florida Delayed Certificate of Birth, DH Form 521, Feb. 07 July 04, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042, department and the fee required by subsection (2) of Rule 64V-1.014, F.A.C., and by documents described in subsection (2) of Rule 64V-1.001, F.A.C., which substantiate the following facts of birth:
(a) Name at the time of birth of the registrant;
(b) Date of birth of the registrant;
(c) State of birth of the registrant as
(d) Mother’s name including her maiden surname; and
(e) Father’s name; except that if the parents were not married at the time of the registrant’s birth, the father’s name shall not be entered on the delayed certificate except by an affidavit of acknowledgment of paternity signed by both parents before a notarizing official or two witnesses, by both parents or by order of a court of competent jurisdiction.
(2) through (4) No change.
(5) The Application for Florida Delayed Certificate of Birth, DH Form 521, Feb. 07 July 04, must be signed by a parent or guardian before a notarizing official for a registrant under the age of 18. A registrant 18 years or older, or if disability of nonage has been removed and the registrant provides proof of such removal, must sign this form before a notarizing official. The person signing the Delayed Certificate of Birth, DH Form 520, July 04, must sign before a notarizing official.
(6) through (10) No change.
(11) Upon receipt of the required forms, fees and documentary evidence, the department shall electronically create and issue a Delayed Certification of Birth, DH Form 520, Nov. 07, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, FL 32231-0042.
Specific Authority 382.003(10), (11), 382.019, 382.0255(3) FS. Law Implemented 382.003(7), (11), 382.019 FS. History–New 1-1-77, Formerly 10D-49.13, Amended 10-1-88, 10-1-90, 4-18-96, 12-26-96, Formerly 10D-49.013, Amended 11-11-98, 7-18-00, 2-29-04, 10-19-04,________.
64V-1.002 Birth Certificate Amendments; Who May Apply; Fees.
(1) A request for an amendment to a birth certificate made pursuant to subsection (1) of Section 382.016, F.S., shall be submitted with an Application for Amendment to Amended Florida Birth Record, DH Form 429, Sept. 07 June 03, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042, department and accompanied by statutory fees required pursuant to subsection (3) of Rule 64V-1.014, F.A.C., an Affidavit of Amendment to Certificate of Live Birth, DH Form 430, May 04, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042, department and documentary evidence, if required, by Rule 64V-1.003, F.A.C. The required Affidavit of Amendment to Certificate of Live Birth, DH Form 430, May 04, must be signed before a notarizing official by a registrant who is at least 18 years of age, or if disability of nonage has been removed and the registrant provides proof of such removal; or if under 18, by his or her parent(s) named on the certificate, or guardian or agency having legal custody of the registrant. When requesting any correction to the name of the registrant, both parents must sign the affidavit if both parents are named on the birth record.
(2) No change.
Specific Authority 382.003(10), (11), 382.015(6), 382.016, 382.0255(3) FS. Law Implemented 63.152, 382.003(7), (11), 382.015, 382.016, 382.017 FS. History–New 1-1-77, Formerly 10D-49.14, Amended 10-1-88, 4-18-96, 12-26-96, Formerly 10D-49.014, Amended 11-11-98, 7-18-00, 2-29-04, 10-19-04,_________.
64V-1.0031 Birth Certificate Amendments by Adoption.
(1) Any adoption entered by a court in this state shall be recorded on a Certified Statement of Final Decree of Adoption, DH Form 527, June 07 Jan. 03, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, department. Upon receipt of a Certified Statement of Final Decree of Adoption, DH Form 527, completed and certified by the clerk of the circuit court entering the adoption, the department shall amend the birth certificate if the child was born in this state.
(2) The department shall, upon receipt of a Certified Statement of Final Decree of Adoption, DH Form 527, June 07 Jan. 03, incorporated by reference in subsection (1) of Rule 64V-1.0031, F.A.C., that has been granted pursuant to Section 382.017, F.S., and an Application for Certificate of Foreign Birth, DH Form 1178, June 07 Jun. 03, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042 department, electronically create prepare a Certificate of Foreign Birth, DH Form 1156, Nov. 07 July 97, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042 department.
Specific Authority 382.003(10), 382.015(6), 382.0255(3) FS. Law Implemented 63.152, 382.003(7), 382.015, 382.017 FS. History–New 11-11-98, Amended 7-18-00, 2-29-04,________.
64V-1.0032 Birth Certificate Amendments by Paternity Establishment/Disestablishment; Judicial and Administrative Process.
(1) Any judgment establishing paternity entered by a Florida court pursuant to Section 742.10 or 382.015(2), F.S., or disestablishing paternity by a Florida court pursuant to Section 742.18, F.S., shall be recorded on a Certified Statement of Final Judgment of Paternity, DH Form 673, Aug. 06 July 04, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042 department. Upon receipt of a Certified Statement of Final Judgment of Paternity, DH Form 673, completed and certified by the clerk of the circuit court entering the paternity judgment, the department shall amend the birth certificate if the child was born in this state.
(2) Upon receipt of a final order establishing paternity or a final order of paternity and child support rendered pursuant to Section 409.256, F.S., the department shall amend the birth certificate if the child was born in this state.
(3)(2) A request to amend a birth certificate upon written request of the parents pursuant to subsection (1)(b) of Section 382.016, F.S., shall be submitted on an Acknowledgment of Paternity a Consenting Affidavit Acknowledging Paternity, DH 432, Feb. 06 July 04, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042 department. The Acknowledgment of Paternity, DH 432, must be signed by both parents before a notarizing official or before two witnesses. The Consenting Affidavit Acknowledging Paternity, DH Form 432 must be signed by both parents and both signatures must be notarized.
(4)(3) An acknowledgment of paternity that was made at the hospital at the time of a child’s birth or subsequently by acknowledging paternity pursuant to subsection (1)(b) of Section 382.016, F.S., may be rescinded by either party within 60 days of the date the acknowledgment was signed, by filing a Paternity Acknowledgment Rescission Affidavit, DH Form 2101, May 98, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042 department. Filing a rescission will not affect the parentage as recorded on the birth record and if the father’s name is to be removed, an order from a court of competent jurisdiction directing that the birth record be amended to remove the father’s name, is required.
(5)(4) Any judgment establishing paternity resulting from an affirmation of parental status for gestational surrogacy pursuant to Section 742.16, F.S., shall be recorded on a Certified Statement of Final Order of Affirmation of Parental Status, DH Form 1905, Oct. 02, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042 department.
Specific Authority 382.003(10), (11), 382.015(6), 382.016(1), 382.0255(3) FS. Law Implemented 382.003(7), (11), 382.015(2), (3), 382.016(1)(b), 742.10, 742.16, 742.18(8), 409.256(11)(d) FS. History–New 11-11-98, Amended 7-18-00, 2-29-04, 10-19-04, _________.
64V-1.006 Birth Registration; Evidence Required for Births Occurring Outside of a Facility.
(1) All birth records filed in this state pursuant to Section 382.013, F.S., shall be registered electronically on the department’s electronic birth registration system or by means specified by the state registrar. A on a Certificate of Live Birth, DH Form 511, July 04, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042 shall be used until electronic birth registration system implemented department.
(2) No change.
(3) If a written statement referenced in subsection (2) of Rule 64V-1.006, F.A.C., cannot be obtained, corroborating evidence or action as follows may be substituted:
(a) Presentation of the child for whom the certificate is being filed at the DH county health department, or a home visit by an official of a DH county health department to verify the birth; and
(b) through (c) No change.
Specific Authority 382.003 (7), (10), 382.013 FS. Law Implemented 382.003 (7), (10), (11), 382.013 FS. History–New 10-1-90, Formerly 10D-49.0194, Amended 11-11-98, 7-18-00, 2-29-04, 10-19-04, _________.
64V-1.0061 Death and Fetal Death Registration.
(1) All deaths except for fetal deaths filed pursuant to Section 382.008, F.S., shall be registered electronically on the department’s electronic death registration system or by means specified by the state registrar. A Florida on a Certificate of Death, DH Form 512, July 04, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, department.
(2) All fetal deaths occurring in this state shall be filed on a both hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics,
Specific Authority 382.003(7), (10), 382.008 FS. Law Implemented 382.003(7), (10), (11), 382.008 FS. History–New 2-29-04, Amended 10-19-04, 11-17-05, _________.
64V-1.007 Death and Fetal Death Certificate Amendments; Who May Apply, Fees; Documentary Evidence Requirements.
(1) No change.
(2) Amendment of the medical certification of the cause of death section, the date of death, hour or time of death, or the place of death (other than street address) on a death certificate shall be confirmed in writing by the certifying physician or the attending physician as listed on the Florida Certificate of Death, DH 512, or by the medical examiner with current jurisdiction of the district in which the death occurred. An Affidavit of Amendment to Medical Certification of Death, DH Form 434A 434, Jan. 05 Feb.97, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042, department shall be completed and signed before a notarizing official by the certifying physician or the attending physician as listed on the Florida Certificate of Death, DH Form 512, or by the medical examiner with current jurisdiction of the district in which the death occurred. Such affidavit shall be attached to the original death certificate becoming a permanent part of that record. Amendment fees required pursuant to subsection (1)(c) of 382.0255, F.S., are waived in such cases.
(3) through (7) No change.
(8) Amendment of any item on a fetal death certificate shall be made on an Affidavit of Amendment to Certificate of Fetal Death, DH Form 433A, Dec. 06, Jun 06 hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042. Such affidavit shall be signed before a notarizing official by a parent listed on the Florida Certificate of Fetal Death, DH Form 428, Jan. 06, previously incorporated in Rule 64V-1.0061, F.A.C., except in the case where a father’s name is to be added to the
(9) No change.
Specific Authority 382.003(10), (11), 382.016, 382.0255(3) FS. Law Implemented 382.003(7), (11), 382.011, 382.016 FS. History–New 1-1-77, Formerly 10D-49.22, Amended 10-1-88, 4-18-96, 12-26-96, Formerly 10D-49.022, Amended 11-11-98, 7-18-00, 2-29-04, 12-12-06,_________.
64V-1.008 Delayed Death or Delayed Fetal Death Registration.
To register a delayed death or fetal death certificate, the funeral director or person acting as such shall complete all parts of the Florida Certificate of Death, DH Form 512, July 04 Sept. 96, or Florida Certificate of Fetal Death, DH Form 428, Jan. 06 Nov. 97, both incorporated by reference in Rule 64V-1.0061, F.A.C., except for the medical certification of the cause of death section which shall be completed and certified by a physician or medical examiner with current jurisdiction of the district in which the death occurred. The funeral director or person acting as such shall then file the certificate with the State Office of Vital Statistics, furnishing a written explanation for the delay in filing on the back of the certificate. In addition, the funeral director or person acting as such shall include with the completed certificate an Application for a Presumptive or Delayed Death Record, DH Form 1565, Jun. 03, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042, department and payment of a delayed filing fee pursuant to subsection (2) of Rule 64V-1.014, F.A.C.
Specific Authority 382.003(7), (10), 382.019, 382.0255(1)(b) FS. Law Implemented 382.019 FS. History–New 10-1-88, Formerly 10D-49.0231, Amended 11-11-98, 2-29-04,________.
64V-1.0081 Presumptive Death Registration.
A presumptive death certificate shall be recorded on a Sept. 96, which is incorporated by reference in Rule 64V-1.008, F.A.C., and shall be marked “Presumptive”. The certificate shall be completed with as much personal identifying information regarding the presumed decedent as is known, and shall include a date and a location of the presumed death. If the exact place of death is unknown, an entry identifying the geographical place such as “At Sea – a delayed filing pursuant to subsection (2) of Rule 64V-1.014, F.A.C., shall accompany the request.
Specific Authority 382.003(7), (10), (11), 382.012 FS. Law Implemented 382.012 FS. History–New 11-11-98, Formerly 64V-1.018, Amended 2-29-04,________.
64V-1.0131 Certifications of Vital Records; Information Required for Release; Applicant Identification Requirements.
(1) All certifications issued by the Office of Vital Statistics or by any of the DH county health departments shall be on safety security paper designed and approved by the department. Neither plain copy nor uncertified records will be issued except as an approved health study project by the department.
(2) All requests for certifications of birth records less than 100 years old must be accompanied with valid photo identification as prescribed in paragraph 64V-1.0131(2)(c), F.A.C. With the exception of a request to file a delayed birth registration, a birth amendment or a Certificate of Foreign Birth, each request shall be submitted in writing or, on a state office Application for Florida Birth Record, DH Form 726, Sept. 07 July 03, or county office Application for Florida Birth Record, DH Form 1960, July 03, both hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042 department. A request to file a delayed birth registration, an amendment to a birth record, or a Certificate of Foreign Birth, must be requested on application forms previously incorporated in Rules 64V-1.001, 64V-1.002 and 64V-1.0031, F.A.C.
(a) through (e) No change.
(3) All requests for certifications of death records where cause of death information is requested and the death occurred less than 50 years prior to the request must be accompanied by valid with photo identification as prescribed in paragraph 64V-1.0131(4)(c), F.A.C. With the exception of non-medical death amendment requests, and delayed or presumptive death registration, all requests must be submitted in writing or on a state office Application for a Florida Death Record, DH Form 727, Nov. 04 July 03, or county office Application for a Florida Death Record, DH Form 1961, July 03, both hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042 department. A request to file a non-medical death amendment request, a delayed death registration or a presumptive death must be requested on application forms previously incorporated by reference in Rules 64V-1.007, 64V-1.008 and 64V-1.0081, F.A.C.
(a) through (e) No change.
(4) Upon request of a parent listed on a Aug 06, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics,
(5) All requests for a Department of Health certification of a marriage record must be submitted in writing or on a state office Application for a Marriage Record For Licenses Issued in Florida, DH Form 261, Sept. 07, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042. If the requestor is named on the marriage record and the Social Security field for that person is also requested, then valid photo identification must accompany the request.
(6) All requests for a Department of Health certification of a
Specific Authority 382.003(7), (10), 382.025, 382.0255(1)(a), 382.0085 FS. Law Implemented 382.025, 382.0085 FS. History–New 11-11-98, Amended 2-29-04, 12-12-06,________.
64V-1.014 Fees for Vital Statistics Services Provided by State Registrar.
The fees for services provided are as follows:
(1) Five dollars for the first calendar year of records searched or retrieved for a vital record and two dollars for each additional calendar year of records searched or retrieved, up to a maximum of fifty dollars. If the record is located, this fee entitles the applicant to one computer certification of the record. A certified photocopy will be issued in lieu of a computer certification if computer certification is not available at no additional cost if computer certification is not available. An additional fee of five dollars is required if a certified photocopy is requested, and is available, in place of a computer certification.
(2) through (10) No change.
Specific Authority 63.054(9), 382.003(10), 382.0255(3) FS. Law Implemented 63.054(9) 62.054(9), 382.0255(1) FS. History–New 10-1-88, Amended 11-11-90, 4-18-96, 12-26-96, Formerly 10D-49.034, Amended 11-11-98, 2-29-04,_________.
64V-1.016
(1) A claim of paternity filed by an unmarried biological father as defined in subsection 63.032(19), F.S., shall be made on a Florida Putative Father Registry Claim of Paternity, DH Form 1965, Oct. 06 Oct. 03, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042 department. A request to update information or revoke a claim of paternity shall be made on a Florida Putative Father Registry Claim of Paternity – Update to Claim of Paternity Registration, DH Form 1964, Oct. 06 Oct. 03, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042 department. A request for search of the Florida Putative Father Registry shall be made on Florida Putative Father Registry – Application for Search, DH Form 1963, Oct. 06 Oct. 03, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, department.
(2) No change.
Specific Authority 63.054(3), (10), (14), 382.003 (7) FS. Law Implemented 63.054, 63.062(1), 382.0255(1) FS. History–New 11-11-98, Amended 2-29-04,________.
64V-1.020 Marriage Reporting.
Marriages occurring in department.
Specific Authority 382.003(7), (10) FS. Law Implemented 382.023 FS. History–New 2-29-04, Amended________.
64V-1.021 Dissolution of Marriage Reporting.
Dissolution of Marriages shall be recorded on a Report of Dissolution of Marriage – Annulment of Marriage, DH Form 513, Oct. 96, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042, or on an electronic system provided by the Department of Health department.
Specific Authority 382.003(7), (10) FS. Law Implemented 382.023 FS. History–New 2-29-04, Amended________.