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382.025 Certified copies of
vital records; confidentiality; research.--
(1) BIRTH
RECORDS.--Except for birth records over 100 years old which are
not under seal pursuant to court order, all birth records of
this state shall be confidential and are exempt from the
provisions of s. 119.07(1).
(a) Certified copies
of the original birth certificate or a new or amended
certificate, or affidavits thereof, are confidential and exempt
from the provisions of s. 119.07(1)
and, upon receipt of a request and payment of the fee prescribed
in s. 382.0255,
shall be issued only as authorized by the department and in the
form prescribed by the department, and only:
1. To the registrant,
if of legal age;
2. To the registrant's
parent or guardian or other legal representative;
3. Upon receipt of the
registrant's death certificate, to the registrant's spouse or to
the registrant's child, grandchild, or sibling, if of legal age,
or to the legal representative of any of such persons;
4. To any person if
the birth record is over 100 years old and not under seal
pursuant to court order;
5. To a law
enforcement agency for official purposes;
6. To any agency of
the state or the United States for official purposes upon
approval of the department; or
7. Upon order of any
court of competent jurisdiction.
(b) To protect the
integrity of vital records and prevent the fraudulent use of the
birth certificates of deceased persons, the department shall
match birth and death certificates and post the fact of death to
the appropriate birth certificate. Except for a commemorative
birth certificate, any certification of a birth certificate of a
deceased registrant shall be marked "deceased." In the
case of a commemorative birth certificate, such indication of
death shall be made on the back of the certificate.
(c)
The department shall issue, upon request and upon payment
of an additional fee as prescribed under s. 382.0255,
a commemorative birth certificate representing that the birth of
the person named thereon is recorded in the office of the
registrar. The certificate issued under this paragraph shall be
in a form consistent with the need to protect the integrity of
vital records but shall be suitable for display. It may bear the
seal of the state printed thereon and may be signed by the
Governor.
(d)
The department shall issue, upon written request and upon
payment of an additional fee as prescribed under s. 382.0255, to
any adopted person XX years of age or older born in the state of
Florida, or to any adopted person’s duly noted representative,
or to an adoptive parent an uncertified copy of the original
record of birth filed in accordance with s. 382.015.
(2) OTHER
RECORDS.--
(a) The department
shall authorize the issuance of a certified copy of all or part
of any marriage, dissolution of marriage, or death or fetal
death certificate, excluding that portion which is confidential
and exempt from the provisions of s. 119.07(1)
as provided under s. 382.008,
to any person requesting it upon receipt of a request and
payment of the fee prescribed by this section. A certification
of the death or fetal death certificate which includes the
confidential portions shall be issued only:
1. To the registrant's
spouse or parent, or to the registrant's child, grandchild, or
sibling, if of legal age, or to any person who provides a will
that has been executed pursuant to s. 732.502,
insurance policy, or other document that demonstrates his or her
interest in the estate of the registrant, or to any person who
provides documentation that he or she is acting on behalf of any
of them;
2. To any agency of
the state or local government or the United States for official
purposes upon approval of the department; or
3. Upon order of any
court of competent jurisdiction.
(b) All portions of a
certificate of death shall cease to be exempt from the
provisions of s. 119.07(1)
50 years after the date of death.
(c) The department
shall issue, upon request and upon payment of an additional fee
prescribed by this section, a commemorative marriage license
representing that the marriage of the persons named thereon is
recorded in the office of the registrar. The certificate issued
under this paragraph shall be in a form consistent with the need
to protect the integrity of vital records but shall be suitable
for display. It may bear the seal of the state printed thereon
and may be signed by the Governor.
(3) RECORDS AND DATA
DISTRIBUTION.--The department may issue vital records or data
to:
(a) A federal agency,
if the agency shares in the cost of collecting, processing, and
transmitting such data and if the data is only used by the
federal agency for statistical purposes or for other purposes
specifically authorized by the department.
(b) An office of vital
statistics for a jurisdiction outside this state, pursuant to an
agreement with the department, when such records or other
reports relate to residents of that jurisdiction or persons born
in that jurisdiction. The agreement must require that the copies
be used for statistical and administrative purposes only and
must provide for the retention and disposition of such copies.
(c) Other governmental
agencies upon such terms or conditions as may be prescribed by
the department.
(d) A research entity,
if the entity seeks the records or data pursuant to a research
protocol approved by the department and maintains the records or
data in accordance with the approved protocol and a purchase and
data-use agreement with the department. The department may deny
a request for records or data if the protocol provides for
intrusive follow-back contacts, has not been approved by a human
studies institutional review board, does not plan for the
destruction of confidential records after the research is
concluded, or does not have scientific merit. The agreement must
restrict the release of any information which would permit the
identification of persons found in vital statistics records,
limit the use of the records or data to the approved research
protocol, and prohibit any other use of the records or data.
Records or data issued under this subsection are exempt from the
provisions of s. 119.07(1),
and copies of records or data issued pursuant to this subsection
remain the property of the department.
(4)
CERTIFIED COPIES OF ORIGINAL CERTIFICATES.--Only the
state registrar and local registrars are authorized to issue any
certificate which purports to be a certified copy of an original
certificate of live birth, death, or fetal death. Except as
provided in this section, preparing or issuing certificates is
exempt from the provisions of s. 119.07(1).
(5)
UNCERTIFIED COPIES OF ORIGINAL CERTIFICATES. – Only the
state registrar is authorized to issue an original certificate
of live birth in accordance to 382.025(1)(d)
(6) RULES.--The
department shall adopt and enforce all rules necessary for
carrying out the provisions of this section.
History.--s. 21, ch. 6892,
1915; RGS 2091; CGL 3291; s. 18, ch. 25372, 1949; s. 66, ch.
26869, 1951; s. 1, ch. 63-151; s. 3, ch. 67-312; s. 3, ch.
67-520; ss. 19, 35, ch. 69-106; s. 1, ch. 71-26; s. 1, ch.
73-300; s. 108, ch. 73-333; s. 4, ch. 75-166; s. 115, ch.
77-147; s. 3, ch. 77-319; s. 5, ch. 83-230; s. 15, ch. 85-224;
s. 104, ch. 86-220; ss. 22, 33, ch. 87-387; s. 7, ch. 88-303; s.
8, ch. 89-3; s. 8, ch. 90-347; ss. 2, 3, ch. 91-240; s. 3, ch.
93-42; s. 10, ch. 94-265; s. 10, ch. 96-215; s. 192, ch. 96-406;
s. 106, ch. 97-237; s. 21, ch. 99-397; s. 28, ch. 2003-154.
Note.--Former s. 382.35.
63.162 Hearings and
records in adoption proceedings; confidential nature.--
(1) All hearings held
in proceedings under this act shall be held in closed court
without admittance of any person other than essential officers
of the court, the parties, witnesses, counsel, persons who have
not consented to the adoption and are required to consent, and
representatives of the agencies who are present to perform their
official duties.
(2) All papers and
records pertaining to the adoption, including the original birth
certificate, whether part of the permanent record of the court
or a file in the office of an adoption entity are confidential
and subject to inspection only upon order of the court, or
in accordance to s. 382.025 (1)(d); however, the
petitioner in any proceeding for adoption under this chapter
may, at the option of the petitioner, make public the reasons
for a denial of the petition for adoption. The order must
specify which portion of the records are subject to inspection,
and it may exclude the name and identifying information
concerning the parent or adoptee. Papers and records of the
department, a court, or any other governmental agency, which
papers and records relate to adoptions, are exempt from s. 119.07(1).
In the case of an adoption not handled by the department or a
child-placing agency licensed by the department, the department
must be given notice of hearing and be permitted to present to
the court a report on the advisability of disclosing or not
disclosing information pertaining to the adoption. In the case
of an agency adoption, the licensed child-placing agency must be
given notice of hearing and be permitted to present to the court
a report on the advisability of disclosing or not disclosing
information pertaining to the adoption. This subsection does not
prohibit the department from inspecting and copying any official
record pertaining to the adoption that is maintained by the
department or from inspecting and copying any of the official
records maintained by an agency licensed by the department and
does not prohibit an agency from inspecting and copying any
official record pertaining to the adoption that is maintained by
that agency.
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