reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.815 - Sickle-Cell Program.

381.815 Sickle-cell program.—The Department of Health shall, to the extent that resources are available:
(1) Provide education to the citizens of Florida about sickle-cell disease.
(2) Work cooperatively with not-for-profit centers to provide community-based education, patient teaching, and counseling and to encourage diagnostic screening.
(3) Make grants or enter into contracts with not-for-profit centers.
History.—s. 1, ch. 96-292; s. 186, ch. 97-101.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.825 - Education and Public Awareness Relating to Alzheimer’s Disease and Related Forms of Dementia.

381.825 Education and public awareness relating to Alzheimer’s disease and related forms of dementia.—
(1) This section may be cited as the “Ramping up Education of Alzheimer’s Disease and Dementia for You (READY) Act.”
(2) The Department of Health shall, through existing, relevant public health and community outreach programs, educate health care practitioners licensed under chapters 458, 459, and 464 on all of the following:
(a) The importance of early detection and timely diagnosis of Alzheimer’s disease and related forms of dementia.
(b) Using a validated cognitive assessment tool.
(c) The value and effectiveness of the Medicare annual wellness visit in detecting Alzheimer’s disease and related forms of dementia.
(d) Using Medicare advance care planning billing codes for persons with Alzheimer’s disease and related forms of dementia.
(e) Reducing the risk of cognitive decline, particularly among persons in diverse communities who are at greater risk of developing Alzheimer’s disease and related forms of dementia.
History.—s. 1, ch. 2022-205.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.8531 - Florida Center for Brain Tumor Research; Public Records Exemption.

381.8531 Florida Center for Brain Tumor Research; public records exemption.—
(1) The following information held by the Florida Center for Brain Tumor Research before, on, or after July 1, 2011, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution:
(a) Personal identifying information of a donor to the central repository for brain tumor biopsies or the brain tumor registry.
(b) Any information received from an individual from another state or nation or the Federal Government that is otherwise confidential or exempt pursuant to the laws of that state or nation or pursuant to federal law.
(2) Such information may be disclosed to a person engaged in bona fide research if that person agrees to:
(a) Submit to the Florida Center for Brain Tumor Research a research plan that has been approved by an institutional review board and that specifies the exact nature of the information requested, the intended use of the information, and the reason that the research could not practicably be conducted without the information;
(b) Sign a confidentiality agreement with the Florida Center for Brain Tumor Research;
(c) Maintain the confidentiality of the information received; and
(d) To the extent permitted by law and after the research has concluded, destroy any confidential information obtained.
History.—s. 1, ch. 2006-259; s. 1, ch. 2011-203; s. 1, ch. 2016-48.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.86 - Institutional Review Board.

381.86 Institutional Review Board.—
(1) The Institutional Review Board is created within the Department of Health in order to satisfy federal requirements under 45 C.F.R. part 46 and 21 C.F.R. parts 50 and 56 that an institutional review board review all biomedical and behavioral research on human subjects which is funded or supported in any manner by the department.
(2) Consistent with federal requirements, the State Surgeon General shall determine and appoint the membership of the board and designate its chair.
(3) The department’s Institutional Review Board may serve as an institutional review board for other agencies at the discretion of the State Surgeon General.
(4) Each board member is entitled to reimbursement for per diem and travel expenses as provided in s. 112.061 while carrying out the official business of the board.
(5) The department shall charge for costs it incurs for the research oversight it provides according to a fee schedule, except that fees shall be waived for any student who is a candidate for a degree at a university located in this state. The fee schedule shall provide fees for initial review, amendments, and continuing review. The department may adopt any rules necessary to comply with federal requirements and this section. The rules must also prescribe procedures for submitting an application for the Institutional Review Board’s review.
History.—s. 10, ch. 2004-350; s. 27, ch. 2008-6.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.875 - Enhanced Potential Pandemic Pathogen Research Prohibited.

381.875 Enhanced potential pandemic pathogen research prohibited.—
(1) As used in this section, the term:
(a) “Enhanced potential pandemic pathogen” means a potential pandemic pathogen that results from enhancing the transmissibility or virulence of a pathogen. The term does not include naturally occurring pathogens circulating in or recovered from nature, regardless of their pandemic potential.
(b) “Enhanced potential pandemic pathogen research” means research that may be reasonably anticipated to create, transfer, or use potential pandemic pathogens that result from enhancing a pathogen’s transmissibility or virulence in humans.
(c) “Potential pandemic pathogen” means a bacterium, virus, or other microorganism that is likely to be both:
1. Highly transmissible and capable of wide, uncontrollable spread in human populations; and
2. Highly virulent, making it likely to cause significant morbidity or mortality in humans.
(2) Any research that is reasonably likely to create an enhanced potential pandemic pathogen or that has been determined by the United States Department of Health and Human Services, another federal agency, or a state agency as defined in s. 11.45 to create such a pathogen is prohibited in this state.
(3) Any researcher applying for state or local funding to conduct research in this state must disclose in the application to the funding source whether the research meets the definition of enhanced potential pandemic pathogen research.
(4) The Department of Health shall exercise its authority under s. 381.0012 to enjoin violations of this section.
(5) This section does not affect research funded or conducted before May 11, 2023.
History.—ss. 1, 37, ch. 2023-71.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.895 - Standards for Compressed Air Used for Recreational Diving.

381.895 Standards for compressed air used for recreational diving.—
(1) The Department of Health shall establish maximum allowable levels for contaminants in compressed air used for recreational sport diving in this state. In developing the standards, the department must take into consideration the levels of contaminants allowed by the Grade “E” Recreational Diving Standards of the Compressed Gas Association.
(2) The standards prescribed under this section do not apply to:
(a) Any person providing compressed air for his or her own use.
(b) Any governmental entity using a governmentally owned compressed air source for work related to the governmental entity.
(c) Foreign registered vessels upon which a compressor is used to provide compressed air for work related to the operation of the vessel.
(3) A person or entity that, for compensation, provides compressed air for recreational sport diving in this state, including compressed air provided as part of a dive package of equipment rental, dive boat rental, or dive boat charter, must ensure that the compressed air is tested quarterly by a laboratory that is accredited by either the American Industrial Hygiene Association or the American Association for Laboratory Accreditation and that the results of such tests are provided quarterly to the Department of Health. In addition, the person or entity must post the certificate issued by the laboratory accredited by the American Industrial Hygiene Association or the American Association for Laboratory Accreditation in a conspicuous location where it can readily be seen by any person purchasing compressed air.
(4) The Department of Health shall maintain a record of all quarterly test results provided under this section.
(5) It is a misdemeanor of the second degree for any person or entity to provide, for compensation, compressed air for recreational sport diving in this state, including compressed air provided as part of a dive package of equipment rental, dive boat rental, or dive boat charter, without:
(a) Having received a valid certificate issued by a laboratory accredited by the American Industrial Hygiene Association or the American Association for Laboratory Accreditation which certifies that the compressed air meets the standards for contaminant levels established by the Department of Health.
(b) Posting the certificate issued by a laboratory accredited by the American Industrial Hygiene Association or the American Association for Laboratory Accreditation in a conspicuous location where it can readily be seen by persons purchasing compressed air.
(6) The department shall adopt rules necessary to carry out the provisions of this section, which must include:
(a) Maximum allowable levels of contaminants in compressed air used for sport diving.
(b) Procedures for the submission of test results to the department.
History.—s. 199, ch. 99-397; s. 55, ch. 2002-1.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.91 - Jessie Trice Cancer Prevention Program.

381.91 Jessie Trice Cancer Prevention Program.—
(1) It is the intent of the Legislature to create a community faith-based disease-prevention program in conjunction with the Health Choice Network and other community health centers to build upon the natural referral and education networks in place within minority communities and to increase access to health service delivery in Florida and establish a funding source to build upon local private participation to sustain the operation of the program.
(2)(a) There is created the Jessie Trice Cancer Prevention Program, to be located, for administrative purposes, within the Department of Health, and operated from the community health centers within the Health Choice Network in Florida.
(b) Funding may be provided to develop contracts with community health centers and local community faith-based education programs to provide cancer screening, diagnosis, education, and treatment services to low-income populations throughout the state.
History.—s. 31, ch. 2000-367; s. 1, ch. 2004-329; s. 69, ch. 2012-184.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.92201 - Exemptions From Public Records and Public Meetings Requirements; Peer Review Panels.

1
381.92201 Exemptions from public records and public meetings requirements; peer review panels.—
(1) That portion of a meeting of a peer review panel in which applications for biomedical research grants under s. 215.5602 or s. 381.922 are discussed is exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution.
(2) Any records generated by the peer review panel relating to review of applications for biomedical research grants, except final recommendations, are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(3) Research grant applications provided to the peer review panel are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(4) Information that is held confidential and exempt under this section may be disclosed with the express written consent of the individual to whom the information pertains or the individual’s legally authorized representative, or by court order upon showing good cause.
History.—s. 1, ch. 2012-15; s. 2, ch. 2017-9.
1
Note.—Also published at s. 215.56021.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.93 - Breast and Cervical Cancer Early Detection Program.

381.93 Breast and cervical cancer early detection program.—This section may be cited as the “Mary Brogan Breast and Cervical Cancer Early Detection Program Act.”
(1) It is the intent of the Legislature to reduce the rates of death due to breast and cervical cancer through early diagnosis and increased access to early screening, diagnosis, and treatment programs.
(2) The Department of Health, using available federal funds and state funds appropriated for that purpose, is authorized to establish the Mary Brogan Breast and Cervical Cancer Screening and Early Detection Program to provide screening, diagnosis, evaluation, treatment, case management, and followup and referral to the Agency for Health Care Administration for coverage of treatment services.
(3) The Mary Brogan Breast and Cervical Cancer Early Detection Program shall be funded through grants for such screening and early detection purposes from the federal Centers for Disease Control and Prevention under Title XV of the Public Health Service Act, 42 U.S.C. ss. 300k et seq.
(4) The department shall limit enrollment in the program to persons with incomes up to and including 200 percent of the federal poverty level. The department shall establish an eligibility process that includes an income-verification process to ensure that persons served under the program meet income guidelines.
(5) The department may provide other breast and cervical cancer screening and diagnostic services; however, such services shall be funded separately through other sources than this act.
History.—s. 1, ch. 2001-52.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.931 - Annual Report on Medicaid Expenditures.

381.931 Annual report on Medicaid expenditures.—The Department of Health and the Agency for Health Care Administration shall monitor the total Medicaid expenditures for services made under this act. If Medicaid expenditures are projected to exceed the amount appropriated by the Legislature, the Department of Health shall limit the number of screenings to ensure Medicaid expenditures do not exceed the amount appropriated.
History.—s. 3, ch. 2001-52; s. 96, ch. 2010-102.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.9312 - Uterine Fibroid Research Database; Education and Public Awareness.

381.9312 Uterine fibroid research database; education and public awareness.—
(1) DEFINITIONS.—As used in this section, the term:
(a) “Department” means the Department of Health.
(b) “Health care provider” means a physician or physician assistant licensed under chapter 458 or chapter 459 or an advanced practice registered nurse licensed under chapter 464.
(c) “Uterine fibroid” means a noncancerous growth of the uterus that often appears during a woman’s childbearing years.
(2) UTERINE FIBROID RESEARCH DATABASE.—
(a) The department shall develop and maintain an electronic database consisting of information related to uterine fibroids. The purpose of the database is to encourage research relating to the diagnosis and treatment of uterine fibroids and to ensure that women are provided with the relevant information and health care necessary to prevent and treat uterine fibroids. The database must include, but need not be limited to, all of the following information:
1. Incidence and prevalence of women diagnosed with uterine fibroids in the state.
2. Demographic attributes of women diagnosed with uterine fibroids in the state.
3. Treatments and procedures for uterine fibroids used by health care providers in the state.
(b) A health care provider who diagnoses or treats a woman with uterine fibroids shall submit information relating to such diagnosis or treatment to the department in a form and manner prescribed by department rule for inclusion in the database. Such information may be submitted along with any reports or other information that the health care provider is required to submit to the department pursuant to state law.
(c) The database may not include any personal identifying information of women diagnosed with or treated for uterine fibroids.
(3) UTERINE FIBROID EDUCATION OUTREACH AND PUBLIC AWARENESS.—The department shall develop and include information related to uterine fibroids in its women’s health care educational materials currently made available to the public. The information must include, but need not be limited to, the following:
(a) Possible risk factors for developing uterine fibroids.
(b) Range of available treatment options that are considered alternatives to hysterectomy.
History.—s. 1, ch. 2022-50.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.9315 - Gynecologic and Ovarian Cancer Education and Awareness.

381.9315 Gynecologic and ovarian cancer education and awareness.—
(1) This section may be cited as the “Kelly Smith Gynecologic and Ovarian Cancer Education and Awareness Act.”
(2) The department shall encourage health care providers, including, but not limited to, hospitals, birthing facilities, county health departments, physicians, midwives, and nurses, to disseminate and display information about gynecologic cancers, including the signs and symptoms, risk factors, benefits of early detection through appropriate diagnostic testing, and treatment options.
(3) The department shall encourage women to discuss the risks of gynecologic cancers with their health care providers.
(4) The State Surgeon General shall make publicly available, by posting on the Internet website of the Department of Health, resources and an Internet website link to the federal Centers for Disease Control and Prevention website for gynecologic cancer information.
(5) The department is encouraged to seek any available grants from private or federal sources to promote gynecologic cancer awareness, including, but not limited to, early warning signs and risk factors associated with gynecologic cancers.
(6) The department is encouraged to collaborate with other agencies, organizations, and institutions to create a systematic approach to increasing public awareness regarding gynecologic cancers.
History.—s. 1, ch. 2011-91.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.932 - Breast Cancer Early Detection and Treatment Referral Program.

381.932 Breast cancer early detection and treatment referral program.—
(1) For purposes of this section, the term:
(a) “Breast cancer screening and referral services” means necessary breast cancer screening and referral services for a procedure intended to treat cancer of the human breast, including, but not limited to, surgery, radiation therapy, chemotherapy, hormonal therapy, and related medical followup services.
(b) “Unserved or underserved populations” means women who are:
1. At or below 200 percent of the federal poverty level for individuals;
2. Without health insurance that covers breast cancer screenings; and
3. Nineteen to 64 years of age, inclusive.
(2) There is established, within existing or specific appropriations, a breast cancer early detection and treatment referral program within the Department of Health. The purposes of the program are to:
(a) Promote referrals for the screening, detection, and treatment of breast cancer among unserved or underserved populations.
(b) Educate the public regarding breast cancer and the benefits of early detection.
(c) Provide referral services for persons seeking treatment.
(3) The program shall include, but not be limited to, the:
(a) Establishment of a public education and outreach initiative to publicize breast cancer early detection services, the benefits of early detection of breast cancer, and the recommended frequency for receiving screening services, including clinical breast examinations and mammography guidelines established by the United States Preventive Services Task Force.
(b) Development of professional education programs that include information regarding the benefits of the early detection of breast cancer and the recommended frequency for receiving a mammogram, as recommended in the most current breast cancer screening guidelines established by the United States Preventive Services Task Force.
(c) Establishment of a system to track and monitor all women screened for breast cancer in the program. The system shall include, but not be limited to, monitoring abnormal screening tests, referring women for treatment when needed, and tracking women to be screened at recommended screening intervals.
(4) The State Surgeon General shall submit an annual report to the appropriate substantive committees of the Legislature. The report shall include, but not be limited to, a description of the rate of breast cancer morbidity and mortality in the state and the extent to which women are participating in breast cancer screening as reported by the Behavioral Risk Factor Surveillance System.
History.—s. 1, ch. 2009-120.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.933 - Mammography Reports.

381.933 Mammography reports.—
(1) DEFINITIONS.—As used in this section, the term:
(a) “Facility” has the same meaning as in 21 C.F.R. s. 900.2(q).
(b) “Mammography” has the same meaning as in 21 C.F.R. s. 900.2(aa).
(c) “Mammography report” has the same meaning as in 21 C.F.R. s. 900.12(c).
(2) MAMMOGRAPHY REPORTS; RESULTS.—A facility that performs mammography shall send a summary of a patient’s mammography report to each patient in accordance with 21 C.F.R. s. 900.12(c). If a facility determines that a patient has heterogeneously or extremely dense breasts, the summary must include the following notice:
“Your mammogram shows that your breast tissue is dense. Dense breast tissue is relatively common and is found in approximately 50 percent of women. The presence of dense breast tissue can make it more difficult to detect some abnormalities in the breast and may also be associated with an increased risk of breast cancer. This information about the results of your mammogram is given to you to raise your awareness. A report of your results was sent to your health care provider. Further recommendations may be added at the discretion of the interpreting radiologist. Please be aware that additional screening studies may not be covered by your insurance.”
(a) This subsection does not create a duty, standard of care, or other legal obligation beyond the duty to provide notice as set forth in this subsection.
(b) This subsection does not require a notice that is inconsistent with the federal Mammography Quality Standards Act or any regulation promulgated pursuant to that act.
(3) REPEAL.—This section is repealed September 10, 2024.
History.—s. 1, ch. 2018-59; s. 1, ch. 2023-45.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.95 - Medical Facility Information Maintained for Terrorism Response Purposes; Confidentiality.

381.95 Medical facility information maintained for terrorism response purposes; confidentiality.—
(1) Any information identifying or describing the name, location, pharmaceutical cache, contents, capacity, equipment, physical features, or capabilities of individual medical facilities, storage facilities, or laboratories established, maintained, or regulated by the Department of Health as part of the state’s plan to defend against an act of terrorism as defined in s. 775.30 is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption is remedial in nature, and it is the intent of the Legislature that this exemption apply to information held by the Department of Health before, on, or after the effective date of this section.
(2) Information made exempt by this section may be disclosed by the custodial agency to another state or federal agency in order to prevent, detect, guard against, respond to, investigate, or manage the consequences of any attempted or actual act of terrorism, or to prosecute those responsible for such attempts or acts.
(3) The certification by the Governor of the sufficiency of any location, pharmaceutical cache, contents, capacity, equipment, physical features, or capabilities of individual medical facilities, storage facilities, or laboratories established, maintained, or regulated by the Department of Health as part of the state’s plan to defend against an act of terrorism is a public record.
History.—s. 1, ch. 2001-363; s. 1, ch. 2006-108; s. 9, ch. 2017-37.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.981 - Health Awareness Campaigns.

381.981 Health awareness campaigns.—
(1) The Florida Public Health Institute, Inc., in consultation with the Department of Health, shall coordinate monthly health awareness campaigns with national, state, and local health care organizations and government entities targeting a wide range of the public, including: parents; teachers and other school employees; students in 4th through 12th grades, colleges, and universities; state agency employees; county and local government employees; patients of county health departments; Medicaid recipients; health care professionals and providers; and the public in general.
(2) The awareness campaigns shall include the provision of educational information about preventing, detecting, treating, and curing the following diseases or conditions. Additional diseases and conditions that impact the public health may be added by the board of directors of the Florida Public Health Institute, Inc.; however, each of the following diseases or conditions must be included in an awareness campaign during at least 1 month in any 24-month period:
(a) Cancer, including breast, prostate, cervical, ovarian, colorectal, and skin cancer and leukemia.
(b) Heart disease.
(c) Stroke.
(d) Lung disease, including asthma and smoking-relating disease.
(e) Neurological disorders and disease, including Alzheimer’s disease, Parkinson’s disease, and epilepsy.
(f) Gastrointestinal disease.
(g) Kidney disease.
(h) Diabetes.
(i) Liver disease.
(j) Autoimmune disorders.
(k) Birth defects and prenatal care.
(l) Obesity and malnutrition.
(m) Sexually transmissible disease.
(n) Hepatitis A, hepatitis B, and hepatitis C.
(o) Arthritis.
(p) Vaccine-preventable diseases.
(q) Infectious diseases, including HIV/AIDS.
(r) Substance abuse, including, but not limited to, emergency opioid antagonists.
(s) Mental illness.
(t) Lupus.
(u) Osteoporosis.
(3) The health awareness campaigns shall be funded by the Florida Public Health Institute, Inc., and the Department of Health to the extent that funds are available from public and private sources.
(4) Health awareness information shall be disseminated through all available methods, including print, audio, visual, and electronic media.
History.—s. 13, ch. 2004-2; s. 4, ch. 2009-161; s. 2, ch. 2022-28.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.984 - Educational Programs.

381.984 Educational programs.—
(1) LEAD POISONING PREVENTION EDUCATIONAL PROGRAM ESTABLISHED.—In order to achieve the purposes of this act, a statewide, multifaceted, ongoing educational program designed to meet the needs of tenants, property owners, health care providers, early childhood educators, care providers, and realtors is established.
(2) PUBLIC INFORMATION INITIATIVE.—The Governor, in conjunction with the State Surgeon General or his or her designee, shall sponsor a series of public service announcements on radio, on television, on the Internet, or in print media about the nature of lead-based-paint hazards, the importance of standards for lead poisoning prevention in properties, and the purposes and responsibilities set forth in this act. In developing and coordinating this public information initiative, the sponsors shall seek the participation and involvement of private industry organizations, including those involved in real estate, insurance, mortgage banking, or pediatrics.
(3) DISTRIBUTION OF INFORMATION ABOUT CHILDHOOD LEAD POISONING.—The State Surgeon General or his or her designee shall develop culturally and linguistically appropriate information and distribution methods regarding childhood lead poisoning, the importance of testing for elevated blood-lead levels, prevention of childhood lead poisoning, treatment of childhood lead poisoning, and, as appropriate, the requirements of this act. This information shall be distributed to parents or legal guardians of children 6 years of age or younger on the following occasions:
(a) By a health care provider at the time of a child’s birth and at the time of any childhood immunization or vaccination unless it is established that such information has been provided to the parent or legal guardian by the health care provider within the prior 12 months.
(b) By the owner or operator of any child care facility or preschool or kindergarten class on or before each October 15.
History.—s. 4, ch. 2006-269; s. 35, ch. 2008-6; s. 4, ch. 2017-181; s. 53, ch. 2019-3.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 382 - Vital Statistics › 382.004 - Reproduction and Destruction of Records.

382.004 Reproduction and destruction of records.—
(1) The department is authorized to photograph, microphotograph, reproduce on film, or reproduce by electronic means vital records in such a manner that the data on each page are in conformity with the original record.
(2) The department is authorized to destroy any of the original vital records after they have been photographed or reproduced in conformity with the original record and after approval for destruction in accordance with chapter 257.
(3) Photographs, microphotographs, or reproductions of any record in the form of film, prints, or electronically produced certifications made in compliance with the provisions of this chapter and certified by the department shall have the same force and effect as the originals thereof, shall be treated as originals for the purpose of their admissibility and shall be prima facie evidence of the facts stated therein.
History.—s. 1, ch. 59-221; s. 3, ch. 87-387; s. 68, ch. 95-143; s. 89, ch. 97-237; s. 15, ch. 99-397; s. 9, ch. 2001-53.
Note.—Former s. 382.50.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 382 - Vital Statistics › 382.005 - Duties of Local Registrars.

382.005 Duties of local registrars.—
(1) Each local registrar is charged with the strict and thorough enforcement of the provisions of this chapter and rules adopted hereunder in his or her registration district, and shall make an immediate report to the department of any violation or apparent violation of this law or rules adopted hereunder.
(2) Each local registrar must electronically file all live birth, death, and fetal death records within their respective jurisdictions in the department’s electronic registration system. If the department’s electronic registration system is unavailable, the local registrar must file a paper record with the department.
(3) Each local registrar must make blank forms available if the department’s electronic registration system is unavailable, and must examine each paper certificate of live birth, death, or fetal death when presented for registration in order to ascertain whether it has been completed in accordance with this chapter and adopted rules. All paper birth, death, and fetal death certificates must be typewritten in permanent black ink, and a paper certificate is not complete and correct if it does not supply each item of information called for or satisfactorily account for its omission.
(4) The local registrar or his or her deputy, if authorized by the department, shall sign as registrar in attestation of the date of registration of any paper records filed, and may also make and preserve a local paper record of each birth, death, and fetal death certificate registered by him or her, in such manner as directed by the department. The local registrar shall transmit daily to the department all original paper certificates registered. If no births, deaths, or fetal deaths occurred in any month, the local registrar or deputy shall, on the 7th day of the following month, report that fact to the department on a form provided for such purpose.
(5) Each local registrar, immediately upon appointment, shall designate one or more deputy registrars to act on behalf of the local registrar.
History.—ss. 4, 19, 23, ch. 6892, 1915; RGS 2072, 2089, 2092; CGL 3272, 3289, 3292; s. 16, ch. 25372, 1949; ss. 19, 35, ch. 69-106; s. 114, ch. 77-147; s. 4, ch. 87-387; s. 663, ch. 95-148; s. 90, ch. 97-237; s. 4, ch. 2023-71.
Note.—Consolidation of former ss. 382.05, 382.33, 382.36.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 382 - Vital Statistics › 382.006 - Burial-Transit Permit.

382.006 Burial-transit permit.—
(1) The funeral director who first assumes custody of a dead body or fetus must obtain a burial-transit permit before final disposition and within 5 days after death. The funeral director shall provide the electronic burial-transit permit generated from the electronic death registration system, or a manually produced permit, to the person in charge of the place of final disposition.
(2) A burial-transit permit shall be issued by the department or the local registrar or subregistrar of the registration district in which the death occurred or the body was found. A burial-transit permit may not be issued:
(a) Until a complete and satisfactory certificate of death or fetal death is filed in accordance with the requirements of this chapter and adopted rules, unless the funeral director provides adequate assurance that a complete and satisfactory certificate will be so registered.
(b) Except under conditions prescribed by the department, if the death occurred from some disease that is deemed by the department to be infectious, contagious, or communicable and dangerous to the public health.
(3) The funeral director shall deliver the burial-transit permit to the person in charge of the place of final disposition, before interring or otherwise disposing of the dead body or fetus within this state; or when transported to a point outside the state, the permit shall accompany the dead body or fetus to its destination.
(4) A burial-transit permit issued under the law of another state or country, or a certification of a death certificate issued under the law of a state or country that does not issue burial-transit permits, which accompanies a dead body or fetus brought into this state shall be authority for final disposition of the dead body or fetus in this state.
(5) Rules of the department may provide for the issuance of a burial-transit permit prior to the filing of a certificate of death or fetal death upon conditions designed to assure compliance with the purposes of this chapter in cases in which compliance with the requirement that the certificate be filed prior to the issuance of the permit would result in undue hardship.
(6) For manually filed paper death records, the subregistrar in the licensed funeral or direct disposal establishment is responsible for producing and maintaining death and fetal death certificates and burial-transit permits in accordance with this chapter.
(7) The department may adopt rules to implement this section.
History.—s. 1, ch. 67-312; s. 5, ch. 87-387; s. 91, ch. 97-237; s. 2, ch. 2013-138; s. 3, ch. 2015-105.
Note.—Former s. 382.061.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 382 - Vital Statistics › 382.007 - Final Dispositions Prohibited Without Burial-Transit Permit; Records of Dead Bodies Disposed.

382.007 Final dispositions prohibited without burial-transit permit; records of dead bodies disposed.—A person in charge of any premises on which final dispositions are made shall not inter or permit the interment or other disposition of any dead body unless it is accompanied by a burial-transit permit. Such person shall enter upon the permit the date of final disposition. He or she shall keep a record of all dead bodies buried or otherwise disposed of on the premises under his or her charge, in each case stating the name of each deceased person, place of death, date of final disposition, and name and address of the funeral director which record shall at all times be open to official inspection. The burial-transit permit on file may satisfy this requirement. The funeral director, when burying a dead body in a cemetery having no person in charge, shall enter the date of final disposition on the permit, write “No person in charge” on the permit, and keep the permit on file for at least 3 years after the date of final disposition.
History.—s. 11, ch. 6892, 1915; RGS 2081; CGL 3281; s. 6, ch. 25372, 1949; s. 6, ch. 87-387; s. 664, ch. 95-148; s. 92, ch. 97-237; s. 4, ch. 2015-105.
Note.—Former s. 382.14.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 382 - Vital Statistics › 382.009 - Recognition of Brain Death Under Certain Circumstances.

382.009 Recognition of brain death under certain circumstances.—
(1) For legal and medical purposes, where respiratory and circulatory functions are maintained by artificial means of support so as to preclude a determination that these functions have ceased, the occurrence of death may be determined where there is the irreversible cessation of the functioning of the entire brain, including the brain stem, determined in accordance with this section.
(2) Determination of death pursuant to this section must be made in accordance with currently accepted reasonable medical standards.
(a) If the patient’s treating health care practitioner is a physician licensed under chapter 458 or chapter 459, the determination must be made by that physician and a second physician licensed under chapter 458 or chapter 459 who is a board-eligible or board-certified neurologist, neurosurgeon, internist, family medicine physician, pediatrician, surgeon, or anesthesiologist.
(b) If the patient’s treating health care practitioner is an autonomous advanced practice registered nurse registered under s. 464.0123, the determination must be made by that practitioner and two physicians licensed under chapter 458 or chapter 459. Each physician must be a board-eligible or board-certified neurologist, neurosurgeon, internist, family medicine physician, pediatrician, surgeon, or anesthesiologist.
(3) The next of kin of the patient shall be notified as soon as practicable of the procedures to determine death under this section. The medical records shall reflect such notice; if such notice has not been given, the medical records shall reflect the attempts to identify and notify the next of kin.
(4) No recovery shall be allowed nor shall criminal proceedings be instituted in any court in this state against a physician or licensed medical facility that makes a determination of death in accordance with this section or which acts in reliance thereon, if such determination is made in accordance with the accepted standard of care for such physician or facility set forth in s. 766.102. Except for a diagnosis of brain death, the standard set forth in this section is not the exclusive standard for determining death or for the withdrawal of life support systems.
History.—s. 1, ch. 80-216; s. 8, ch. 87-387; s. 84, ch. 2014-17; s. 6, ch. 2023-71.
Note.—Former s. 382.085.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 382 - Vital Statistics › 382.011 - Medical Examiner Determination of Cause of Death.

382.011 Medical examiner determination of cause of death.—
(1) In the case of any death or fetal death due to causes or conditions listed in s. 406.11, any death that occurred more than 12 months after the decedent was last treated by a primary or attending physician, or any death for which there is reason to believe that the death may have been due to an unlawful act or neglect, the funeral director or other person to whose attention the death may come shall refer the case to the district medical examiner of the county in which the death occurred or the body was found for investigation and determination of the cause of death.
(2) The medical examiner shall complete and sign the medical certification of cause of death of the death or fetal death certificate within 72 hours after notification, whether or not final determination of the cause of death has been established, unless an extension has been granted as provided under s. 382.008. Any amendment fees prescribed in s. 382.0255 shall be waived when a later determination of cause of death is made.
(3) The funeral director shall retain the responsibility for preparation of the death or fetal death certificate, obtaining the necessary signatures, filing with the department in a timely manner, and arranging for final disposition of the body when released by the medical examiner.
History.—s. 8, ch. 6892, 1915; RGS 2077; CGL 3277; s. 9, ch. 87-387; s. 666, ch. 95-148; s. 94, ch. 97-237; s. 4, ch. 2013-138; s. 7, ch. 2015-105; s. 17, ch. 2020-9.
Note.—Former s. 382.10.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 382 - Vital Statistics › 382.012 - Presumptive Death Certificate.

382.012 Presumptive death certificate.—
(1) “Presumptive death” means a determination by a court of competent jurisdiction that:
(a) A death of a resident of this state has occurred or is presumed to have occurred, but the body of the person involved has not been located or recovered; or
(b) A death of a nonresident of this state has occurred or is presumed to have occurred in this state, but the body of the person involved has not been located or recovered.
(2) The department shall file a presumptive death certificate when ordered by a court of competent jurisdiction. In case of a presumptive death certificate, the medical certification of cause of death must be signed by the judge issuing the court order. A petitioner seeking a presumptive death certificate must include in the petition before the court all information necessary to complete the presumptive death certificate.
History.—s. 10, ch. 87-387; s. 95, ch. 97-237.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 382 - Vital Statistics › 382.0135 - Social Security Numbers; Enumeration-at-Birth Program.

382.0135 Social security numbers; enumeration-at-birth program.—The department shall make arrangements with the United States Social Security Administration for electronic notification of deaths that occur in the state and to participate in the voluntary enumeration-at-birth program. The State Registrar is authorized to take any actions necessary to administer the program in this state, including modifying the procedures and forms used in the birth registration process.
History.—s. 1, ch. 88-348; s. 53, ch. 97-101; s. 97, ch. 97-237; s. 8, ch. 2015-105.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 382 - Vital Statistics › 382.017 - Foreign Births.

382.017 Foreign births.—
(1) Upon request, the department shall prepare and register a certificate of foreign birth for an adoptee born in a foreign country who is not a citizen of the United States and whose judgment of adoption was entered by a court of competent jurisdiction of this state. The certificate shall be established upon receipt of the report or certified copy of the adoption decree, proof of the date and place of the adoptee’s birth, and a request that the certificate be prepared from the court, the adopting parents, or the adoptee if of legal age. The certificate shall be labeled “Certificate of Foreign Birth” and shall show the true country and date of birth of the adoptee, and must include a statement that the certificate is not evidence of United States citizenship. After registering the certificate of foreign birth in the new name of the adoptee, the department shall place the adoption report or decree under seal, not to be broken except pursuant to court order.
(2) If the adoptee was born in a foreign country but was a citizen of the United States at the time of birth, the department shall not prepare a certificate of foreign birth but shall notify the adoptive parents, or the adoptee if of legal age, of the procedure for obtaining a revised birth certificate through the United States Department of State.
History.—s. 1, ch. 79-17; s. 1, ch. 80-166; s. 15, ch. 87-387; s. 100, ch. 97-237.
Note.—Former s. 382.215.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 382 - Vital Statistics › 382.019 - Delayed Registration; Administrative Procedures.

382.019 Delayed registration; administrative procedures.—
(1) Registration after 1 year is a delayed registration, and the department may, upon receipt of an application and the fee required under s. 382.0255, and proof of the birth, death, or fetal death as prescribed by this section or rule, register a delayed certificate if the department does not already have a certificate of the birth, death, or fetal death on file.
(2) The department may require such supporting documents to be presented and such proof to be filed as it deems necessary and sufficient to establish the truth of the facts to be recorded by the certificate, and may withhold registering the birth, death, or fetal death certificate until its requirements are met.
(3) Certificates registered under this section are admissible as prima facie evidence of the facts recited therein with like force and effect as other vital records received or admitted in evidence.
(4) A delayed certificate of birth filed under this section shall include a summary statement of the evidence submitted in support of the delayed registration.
(5) A delayed certificate of birth submitted for registration under this section shall be signed before a notarizing official by the registrant if of legal age, or by the parent or guardian of a minor registrant.
(6) A person may not establish more than one birth certificate, and a delayed certificate of birth may not be registered for a deceased person.
(7) A delayed death or fetal death record shall be registered on a certificate of death or fetal death and marked “delayed.”
(8) In addition to the rulemaking authority found at s. 382.003(10), the department may, by rule, provide for the dismissal of an application that is not pursued within 1 year.
History.—ss. 2, 3, ch. 13864, 1929; CGL 1936 Supp. 3301(2), (3); ss. 9, 10, ch. 25372, 1949; s. 105, ch. 77-147; s. 240, ch. 81-259; s. 17, ch. 87-387; s. 102, ch. 97-237; s. 20, ch. 99-397.
Note.—Consolidation of former ss. 382.19, 382.20.