Bill Text: FL S0640 | 2015 | Regular Session | Comm Sub
Bill Title: Vital Statistics
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2015-04-22 - Laid on Table, companion bill(s) passed, see CS/HB 243 (Ch. 2015-105) [S0640 Detail]
Download: Florida-2015-S0640-Comm_Sub.html
Florida Senate - 2015 CS for CS for SB 640 By the Committees on Fiscal Policy; and Health Policy; and Senator Detert 594-03784-15 2015640c2 1 A bill to be entitled 2 An act relating to vital statistics; amending s. 3 382.002, F.S.; providing and revising definitions; 4 amending s. 382.003, F.S.; authorizing the Department 5 of Health to produce and maintain paper death 6 certificates and fetal death certificates and issue 7 burial-transit permits; amending s. 382.006, F.S.; 8 requiring a funeral director to provide burial-transit 9 permits to certain persons; deleting provisions 10 requiring a funeral director to sign an application 11 for a burial-transit permit and to provide certain 12 information on the application; assigning 13 responsibility for manually filed paper death records 14 to the subregistrar; deleting a provision authorizing 15 burial-transit permits filed with a local registrar to 16 be destroyed after a certain period; authorizing the 17 department to adopt rules; amending s. 382.007, F.S.; 18 revising provisions relating to the final dispositions 19 and records of final dispositions of dead bodies; 20 requiring maintenance of records for a specified 21 period; amending s. 382.008, F.S.; requiring 22 electronic filing of death and fetal death 23 certificates with the department or local registrar on 24 a prescribed form; requiring the department, rather 25 than the local registrar, to register the certificate; 26 authorizing certain legally authorized persons to 27 provide personal data about the deceased; authorizing 28 the department, rather than the local registrar, to 29 grant an extension of time for providing certain 30 information regarding a death or a fetal death; 31 amending s. 382.0085, F.S.; conforming a cross 32 reference; amending s. 382.011, F.S.; providing that a 33 funeral director retains the responsibility to file a 34 death or fetal death certificate with the department, 35 rather than with the local registrar; amending s. 36 382.0135, F.S.; requiring the department to 37 electronically notify the United States Social 38 Security Administration of deaths in the state; 39 providing an effective date. 40 41 Be It Enacted by the Legislature of the State of Florida: 42 43 Section 1. Present subsections (1) through (17) of section 44 382.002, Florida Statutes, are redesignated as subsections (2) 45 through (18), respectively, a new subsection (1) is added to 46 that section, and present subsections (8) and (9) of that 47 section are amended, to read: 48 382.002 Definitions.—As used in this chapter, the term: 49 (1) “Burial-transit permit” means a permit issued by the 50 department which authorizes the final disposition of a dead 51 body. 52 (9)(8)“Final disposition” means the burial, interment, 53 entombment, cremation, removal from the state, anatomical 54 donation, or other authorized disposition of a dead body or a 55 fetus as described in subsection (8)(7). In the case of 56 cremation, dispersion of ashes or cremation residue is 57 considered to occur after final disposition; the cremation 58 itself is considered final disposition. In the case of 59 anatomical donation of a dead body, the donation itself is 60 considered final disposition. 61 (10)(9)“Funeral director” means a licensed funeral 62 director or direct disposer licensed pursuant to chapter 497 who 63 first assumes custody of or effects the final disposition of a 64 dead body or a fetus as described in subsection (8)(7). 65 Section 2. Subsection (9) of section 382.003, Florida 66 Statutes, is amended to read: 67 382.003 Powers and duties of the department.—The department 68 shall: 69 (9) Appoint one or more suitable persons to act as 70 subregistrars, who shall be authorized to produce and maintain 71 paperreceivedeath certificates and fetal death certificates 72 and to issue burial-transitburialpermits in and for such 73 portions of one or more districts as may be designated. A 74 subregistrar may be removed from office by the department for 75 neglect of or failure to perform his or her duty in accordance 76 with this chapter. 77 Section 3. Subsections (1) and (6) of section 382.006, 78 Florida Statutes, are amended, and subsection (7) is added to 79 that section, to read: 80 382.006 Burial-transit permit.— 81 (1) The funeral director who first assumes custody of a 82 dead body or fetus must obtain a burial-transit permit before 83prior tofinal disposition and within 5 days after death. The 84 funeral director shall provide the manually produced burial 85 transit permit or the electronic burial-transit permit generated 86 from the electronic death registration system to the person in 87 charge of the place of final dispositionThe application for a88burial-transit permit must be signed by the funeral director and89include the funeral director’s license number.The funeral90director must attest on the application that he or she has91contacted the physician’s or medical examiner’s office and has92received assurance that the physician or medical examiner will93provide medical certification of the cause of death within 7294hours after receipt of the death certificate from the funeral95director.96 (6) For manually filed paper death records, the 97 subregistrar in the licensed funeral or direct disposal 98 establishment is responsible for producing and maintaining death 99 and fetal death certificates and burial-transit permits in 100 accordance with this chapterBurial-transit permits filed with101the local registrar under the provisions of this chapter may be102destroyed after the expiration of 3 years from the date of103filing. 104 (7) The department may adopt rules to implement this 105 section. 106 Section 4. Section 382.007, Florida Statutes, is amended to 107 read: 108 382.007 Final dispositions prohibited without burial 109 transit permit; records of dead bodies disposed.—A person in 110 charge of any premises on which final dispositions are made 111 shall not disposeinteror permit theinterment or other112 disposition of any dead body unless it is accompanied by a 113 burial-transit permit.AnySuch person shall enterendorseupon 114 the permit the date of finalinterment, or otherdisposition,115over his or her signature, and shall return all permits so116endorsed to the local registrar of the district where the place117of final disposition is located within 10 days from the date of118interment or other disposition. He or she shall keep a record of 119 all dead bodiesinterredor otherwisedisposed of on the 120 premises under his or her charge, in each case stating the name 121 of each deceased person, place of death, date of finalburial or122otherdisposition, and name and address of the funeral director, 123 which record shall at all times be open to official inspection. 124 The burial-transit permit on file may satisfy this requirement. 125 The funeral director, when disposing ofburyinga dead body in a 126 cemetery having no person in charge, shall enter the date of 127 final disposition onsigntheburial-transitpermit,giving the128date of burial, and shallwriteacross the face of the permit129the words“No person in charge,” on the permit, and keep the 130 permit on file for at least 3 years after the date of final 131 dispositionand file the permit within 10 days after burial with132the local registrar of the district in which the cemetery is133located. 134 Section 5. Subsection (1), paragraph (a) of subsection (2), 135 and paragraph (a) of subsection (3) of section 382.008, Florida 136 Statutes, are amended to read: 137 382.008 Death and fetal death registration.— 138 (1) A certificate for each death and fetal death which 139 occurs in this state shall be filed electronically on the 140 department electronic death registration system oron a form141prescribed by the departmentwith the department or local 142 registrar of the district in which the death occurred on a form 143 prescribed by the department. A certificate shall be filed 144 within 5 days aftersuchdeath and prior to final disposition, 145 and shall be registered by the departmentsuch registrarif it 146 has been completed and filed in accordance with this chapteror147adopted rules. The certificate shall include the decedent’s 148 social security number, if available. In addition, each 149 certificate of death or fetal death: 150 (a) If requested by the informant, shall include aliases or 151 “also known as” (AKA) names of a decedent in addition to the 152 decedent’s name of record. Aliases shall be entered on the face 153 of the death certificate in the space provided for name if there 154 is sufficient space. If there is not sufficient space, aliases155may be recorded on the back of the certificate and shall be156considered part of the official record of death; 157 (b) If the place of death is unknown, shall be registered 158 in the registration district in which the dead body or fetus was 159isfound within 5 days after such occurrence; and 160 (c) If death occurs in a moving conveyance, shall be 161 registered in the registration district in which the dead body 162 was first removed from such conveyance. 163 (2)(a) The funeral director who first assumes custody of a 164 dead body or fetus shall file the certificate of death or fetal 165 death. In the absence of the funeral director, the physician or 166 other person in attendance at or after the death or the district 167 medical examiner of the county in which the death occurred or 168 the body was found shall file the certificate of death or fetal 169 death. The person who files the certificate shall obtain 170 personal data from a legally authorized person as defined in s. 171 497.005the next of kinor the best qualified person or source 172 available. The medical certification of cause of death shall be 173 furnished to the funeral director, either in person or via 174 certified mail or electronic transfer, by the physician or 175 medical examiner responsible for furnishing such information. 176 For fetal deaths, the physician, midwife, or hospital 177 administrator shall provide any medical or health information to 178 the funeral director within 72 hours after expulsion or 179 extraction. 180 (3) Within 72 hours after receipt of a death or fetal death 181 certificate from the funeral director, the medical certification 182 of cause of death shall be completed and made available to the 183 funeral director by the decedent’s primary or attending 184 physician or, if s. 382.011 applies, the district medical 185 examiner of the county in which the death occurred or the body 186 was found. The primary or attending physician or medical 187 examiner shall certify over his or her signature the cause of 188 death to the best of his or her knowledge and belief. As used in 189 this section, the term “primary or attending physician” means a 190 physician who treated the decedent through examination, medical 191 advice, or medication during the 12 months preceding the date of 192 death. 193 (a) The departmentlocal registrarmay grant the funeral 194 director an extension of time ifupon a good and sufficient195showing ofany of the following conditions exist: 196 1. An autopsy is pending. 197 2. Toxicology, laboratory, or other diagnostic reports have 198 not been completed. 199 3. The identity of the decedent is unknown and further 200 investigation or identification is required. 201 Section 6. Subsection (9) of section 382.0085, Florida 202 Statutes, is amended to read: 203 382.0085 Stillbirth registration.— 204 (9) This section or s. 382.002(16)s. 382.002(15)may not 205 be used to establish, bring, or support a civil cause of action 206 seeking damages against any person or entity for bodily injury, 207 personal injury, or wrongful death for a stillbirth. 208 Section 7. Subsection (3) of section 382.011, Florida 209 Statutes, is amended to read: 210 382.011 Medical examiner determination of cause of death.— 211 (3) The funeral director shall retain the responsibility 212 for preparation of the death or fetal death certificate, 213 obtaining the necessary signatures, filing with the department 214local registrarin a timely manner, and arranging for final 215 disposition of the body whendisposing of the remains when the216remains arereleased by the medical examiner. 217 Section 8. Section 382.0135, Florida Statutes, is amended 218 to read: 219 382.0135 Social security numbers; electronic notification 220 of deaths; enumeration-at-birth program.—The department shall 221 make arrangements with the United States Social Security 222 Administration to provide electronic notification of deaths that 223 occur in the state and to participate in the voluntary 224 enumeration-at-birth program. The State Registrar is authorized 225 to take any actions necessary to administer the program in this 226 state, including modifying the procedures and forms used in the 227 birth registration process. 228 Section 9. This act shall take effect July 1, 2015.