Fla. Stat. § 382.0086 — Florida Code / Title XXIX / Chapter 382 / Section 382.0086
382.0086 Certificate of nonviable birth.
Status: in_force

(1) For any nonviable birth in this state, the department shall issue a certificate of nonviable birth within 60 days upon the request of a parent named on the registration of nonviable birth.

(2) The person or entity authorized to register a nonviable birth under this chapter shall advise a parent of a nonviable birth: (a) That the parent may request the preparation of a certificate of nonviable birth. (b) That the parent may obtain a certificate of nonviable birth by contacting the Office of Vital Statistics. (c) How the parent may contact the Office of Vital Statistics to request a certificate of nonviable birth. (d) That a copy of the original certificate of nonviable birth is available as a public record. (e) That a copy of the original certificate of nonviable birth will not include the parentage, the marital status of the parent, the cause of death of the fetus, or any medical information.

(3) The request for a certificate of nonviable birth must be on a form prescribed by the department by rule and include the date of the nonviable birth and the county in which the nonviable birth occurred.

(4) The certificate of nonviable birth must contain: (a) The date of the nonviable birth. (b) The county in which the nonviable birth occurred. (c) The name of the fetus, as provided on the registration of nonviable birth pursuant to s. 382.008. If a name does not appear on the original or amended registration of nonviable birth and the requesting parent does not wish to provide a name, the Office of Vital Statistics shall fill in the certificate of nonviable birth with the name “baby boy” or “baby girl” and the last name of the parent as provided in s. 382.013(3). If the sex of the child is unknown, the Office of Vital Statistics shall fill in the certificate of nonviable birth with the name “baby” and the last name of the parent as provided in s. 382.013(3). (d) The following statement which must appear on the front of the certificate: “This certificate is not proof of a live birth.”

(5) A certificate of nonviable birth shall be a public record. The Office of Vital Statistics must inform any parent who requests a certificate of nonviable birth that: (a) A copy of the original certificate of nonviable birth is available as a public record; and (b) The parentage, the marital status of the parent, the cause of death of the fetus, and any medical information will not be included in the public record.

(6) A parent may request that the Office of Vital Statistics issue a certificate of nonviable birth regardless of the date on which the nonviable birth occurred.

(7) It is final agency action, not subject to review under chapter 120, for the Office of Vital Statistics to refuse to issue a certificate of nonviable birth to a person who is not a parent named on the nonviable birth registration.

(8) The Office of Vital Statistics may not use a certificate of nonviable birth to calculate live birth statistics.

(9) This section or s. 382.002(14) may not be used to establish, bring, or support a civil cause of action seeking damages against any person or entity for bodily injury, personal injury, or wrongful death for a nonviable birth.

(10) The department shall prescribe by rules adopted pursuant to ss. 120.536(1) and 120.54 the form, content, and process for the certificate of nonviable birth.

History: s. 5, ch. 2017-38.