CHAPTER 77-145 Section 12.
LAWS OF FLORIDA
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This act shall take effect July 1, 1977.
Approved by the Governor June 8, 1977. Filed in Office Secretary of State June 8, 1977.
CHAPTER 77-146 House Bill No. 779 AN
ACT relating to state uniform traffic control; amending s. 316.131(3), Florida Statutes, relating to uniform traffic signals and devices, extending the mandatory compliance date with respect to traffic control signals purchased prior to January 1, 1972, to January 1, 1980; providing an effective date.
Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (3) of section 316.131, Florida Statutes, is amended to read: 316.131
Uniform signals and devices.--
(3) All official traffic control signals or official traffic control devices purchased and installed in this state by any public body or official shall conform with the manual and specifications published by the Department of Transportation pursuant to subsection (2). All traffic control devices other than traffic control signals purchased prior to July 1, 1972, not conforming to said system may continue in use until January 1, 1975, after which time such devices must comply with the uniform system. All traffic control signals purchased prior to January 1, 1972 not conforming to said system may continue in use until January 1, 1980 i9ff, after which time such signals must comply with the uniform--system. Section 2.
This act shall take effect upon becoming a law.
Approved by the Governor June 8, 1977. Filed in Office Secretary of State June 8, 1977.
CHAPTER 77-147 House Bill No. 961 AN
ACT relating to the Florida Statutes; amending various sections and subunits of sections to conform them to chapter 75-48, Laws of Florida, which reorganized the Department of Health and Rehabilitative Services; repealing sections 381.011, 381.131, 381.141, 391.02, 391.03, 395.10, 395.11, 401.28, 402.01, 402.02, 402.03, 402.11, 402.15, 402.303, 402.304, 409.046, 409.047, 483.081, and 409.115, 409.125, 468.124, 468.125, 959.07, all Florida Statutes, relating to abolished advisory councils; repealing sections 381.221 and 413.45, Florida Statutes, relating to annual reports; 492
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court may consider the information contained in the report in making a decision on the child's custody and the technical rules of evidence do not exclude such report from consideration. Section
13.
Paragraphs (d) and (e) of subsection (2) of section
63.022, Florida Statutes, are amended to read: 63.022
(2)
that:
Legislative intent.-The basic safeguards intended to be provided by this act are
(d) All placements of minors for adoption are reported to the Department of Health and Rehabilitative services Bi¥i~ieft--e£--Pemi±y
Ser¥iee~;
(e) A sufficient period of time elapses during which the child has lived within the proposed adoptive home under the guidance of the department eiYisiefl or a licensed child-placing agencyi Section 14. Subsection (2) of section 63.032, Florida Statutes, is repealed and subsection (8) of section 63.032, Florida Statutes, is amended to read: 63.032 Definitions.--As otherwise requires: (8) "Agency" means any department 6i¥isieft pursuant adoption.
used
in
this
child-placing agency licensed by the to s. 63.202 to place minors for
section 15. Subsections (2), (3), Florida Statutes, are amended to read: 63.052
act, unless the context
and (4) of section 63.052,
Official guardians designated.--
(2) For minors placed for adoption with, and permanently committed to, the Department of Health and Rehabilitative Services eiyisiefl, the department 6iYisieft is the official guardian. (3) For the purpose of adoption, the department ei¥isiefl is designated as the official guardian for children of this state who have no known or living natural parents or legal guardian, children who have been abandoned by their natural parents, or children whose natural parents have voluntarily surrendered their rights as parents. (4) The recital in the written consent given by the department eiyisieft that the child sought to be adopted has been permanently committed to the department 6i¥isieft shall be prima facie proof of such commitment. The recital in the written consent given by· a licensed child-placing agency or the declaration in an answer or recommendation filed by a licensed child-placing agency that the child has been permanently committed and the agency is duly licensed by the department 6ivisieft shall be prima facie proof of such commitment and of such license. Section 16. Subparagraph 4. of paragraph (b) of subsection (1) of section 63.062, Florida Statutes, is amended to read: 63.062
Persons required to consent to adoption.--
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(1) Unless consent is excused by the court, a petition to adopt a minor may be granted only if written consent has been executed after the birth of the minor by: (b)
The father of the minor, if:
4. He has acknowledged in writing, signed in the presence of a competent witness, that he is the father of the minor and has filed such acknowledgment with the Bttreau-e.£ vital statistics office of the Department of Health and Rehabilitative Services. Section 17. Subsection (3) of section 63.082, Florida Statutes, is amended to read: 63.082
Execution of consent.--
(3) The Department of Health and Rehabilitative Services eiviaieft shall provide a consent form to an intermediary who intends to place a child for adoption. The consent form completed by the natural parent or parents shall be attached to the petition and shall contain such biological and sociological information regarding the child and the natural parents as is required by the department eivisieft. The department eiviaien shall incorporate the information into the preliminary study and the social investigation. The court may also require that the natural mother be interviewed by a representative of the department eiviaien. Section 18. Subsections (1), (2), Florida Statutes, are amended to read: 63.092 Report to the department intermediary; preliminary study.--
and (4) of section 63,092, of
intended placement by an
(1) The intermediary shall report any intended placement of a minor for adoption with any person not related within the third degree or a step-parent if the intermediary has knowledge of, or participates in, such intention to place. The report shall be made to the Department of Health and Rehabilitative Services eiviaieft at least 30 days prior to placement of a minor in the home, except that the department a4Y4e4efl may waive this requirement on an individual case basis: however, such waiver shall be granted only upon a showing of good cause. The report shall contain: (a) The name and intended to be placed.
address of the person with whom the minor is
(b)
The identification of the child proposed for placement.
(c)
The intended placement date.
(d)
Additional information requested by the department eivisieft,
(2) A preliminary study shall be made by the department eiviaieft, or any other qualified agency or person designated by the department divieien, to inquire into the suitability of the intended adoptive home. The preliminary study shall be completed within 30 days or by the intended placement date, whichever is later. When the petitioner is a stepparent, spouse of the natural parent, or relative, the preliminary study may be required by the court when good cause is shown. The department eivieien is authorized to include in the preliminary study an interview with the natural mother. A written 502 What's at Stake: Florida • Adoptee Rights Law Center PLLC • adopteerightslaw.com
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recommendation based on the preliminary study shall be mailed to intermediary~
the
(4) In the event of aR unfavorable preliminary report, the intermediary or petitioner may petition the court for a determination as t~ the suitability of the home. Pending the court's determination, the child shall remain in the custody of the parent or be placed in the temporary custody of the department divisieft. A determination as to suitability under this section Shall not act as a presumption of suitability at the final hearing. Section 19. Subsections (2) and (4) of section 63.112, Florida Statutes, are amended to read: 63.112
Petition for adoption1 description,--
(2) The following documents are required to be filed with the clerk of the court at the time the petition is filed: (a) court.
The
required
consents,
unless
consent
is excused by the
(bl The favorable recommendation of the Department of Health and Rehabilitative Services divisieft or agency as to the suitability of the home in which the minor has been placed. (4) The clerk of the court shall mail a copy of the petition within 24 hours after filing, and execute a certificate of mailing, to the department divisieft and the agency placing the minor, if any. Section 20. Subsection (1), paragraph (a) of subsection (4), and subsections (5), (7), and (8) of section 63.122, Florida Statutes, are amended to read: 63.122
Notice of hearing on petition; investigation.--
(ll After the petition to adopt a minor is filed, the court shall fix a time and place for hearing the petition. The hearing shall not be set until at least 90 days after the placing of the minor in the physical custody of the petitioner under the supervision of the Department of Health and Rehabilitative services divisien or an agency. When the petitioner is a spouse of the natural parent, the hearing may be held immediately after the filing of the petition, (4)
Notice of the hearing shall be given by the petitioner to:
(a)
The department divisieft or any agency placing the minor.
(5) An investigation shall be made by the agency or by the deeartment divisieft to ascertain whether the adoptive home is a suitable home for the minor and the proposed adoption is in the best interest of the minor. Unless directed by the court, an investigation and recommendation are not required when the petitioner is a stepparent or when the child is related to one of the adoptive parents within the third degree. (7) The report of the investigation shall contain an evaluation of the placement with a recommendation on the granting of the petition for adoption and any other information the court requires regarding the petitioner or the minor. When the placement has been 503
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made through the department eivieiea or an agency, the report may be limited to a recommendation on the desirability of the adoption. (8) The department eivieiea or the agency making the required investigation may request other departments or agencies within or without this state to make investigations of designated parts of the inquiry and to make a written report to the department aivieiea or agency. Section 21. The introductory paragraph of subsection (1) of section 63.132, Florida Statutes, is amended to read: 63.132
Report of expenditures and receipts.--
(!) Before the time set for the hearing, the petitioner and any intermediary shall each file two copies of an affidavit containing a full accounting of all disbursements and receipts of anything of value, including professional fees, made or agreed to be made by or on behalf of the petitioner and any intermediary in connection with the adoption. The clerk of the court shall forward a copy of the affidavit to the Department of Health and Rehabilitative Services eivieieft. The report shall show any expenses or receipts incurred in connection with:
Section 22. Subsection (2) of section 63.162, Florida Statutes, is amended to read: 63.162 Hearings and records in adoption proceedings; confidential nature.--Notwithstanding any other law concerning public hearings and records: (2) All papers and records pertaining to the adoption, whether part of the permanent record of the court or of a file in the Department of Health and Rehabilitative Services eivisieft or in an agency, are sub]ect to inspection only upon order of the court. Section 23.
Section 63.202, Florida Statutes, is amended to read:
63.202 Authority to license.--The Department of Health and Rehabilitative Services aivieiea is authorized and empowered to license child welfare agencies that it determines to be qualified to place minors for adoption. Section 24.
Section 63.207, Florida Statutes, is amended to read:
63.207 Out-of-state placement.--No person except an agency or the Department of Health and Rehabilitative Services divisieft shall take or send a child out of the state for purposes of placement for adoption unless the child is to be placed with a relative within the third degree or a stepparent. Section 25. Paragraph (a) of subsection (1) and subsection (3) of section 63.212, Florida Statutes, are amended to read: 63.212 (1)
Penalties.--
It is unlawful for any person:
(a) Except the Department of Health and Rehabilitative Services eivieiea or an agency, to place or attempt to place without the state 504 What's at Stake: Florida • Adoptee Rights Law Center PLLC • adopteerightslaw.com
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a child for adoption unless the child is placed with a relative within the third degree or a stepparent. (3) It is unlawful for any intermediary to fail to report to the department eivieiefl the intended placement of a child for purposes of adoption with any person not a stepparent or a relative within the third degree, if the intermediary participates in such intended placement. Section 26.
Section 88.121, Florida Statutes, is amended to read:
88.121 Official to represent plaintiff in proceeding initiated in this state.--The state attorney, upon the request of the court or of the Bivisiefl--e£--Pemily--Berviees--e£--~he Department of Health and Rehabilitative Services shall represent the plaintiff in any proceeding initiated in this state under this chapter. Section 27. Subsection (1) of section 98.301, Florida Statutes, is amended to read: 98.301 Duty of Department of Health and Rehabilitative Services to furnish lists of deceased persons.-(1) It is the duty of the B~ree~-e£-Vi~al-S~atis~ies-e£-the 9ivisiefl-e£-Healts-e£-tae Department of Health and Rehabilitative Services to furnish each supervisor monthly a list of deceased persons who were residents of their county, and a copy of said list to every municipality in said county and upon receipt of these reports, transmitting names and addresses of deceased persons over 18 years of age, the supervisor is required to strike their names from the registration books and the municipalities are also required to strike the names of said deceased persons from their registration books. Section 28. Subsection (2) of section 153.19, Florida Statutes, is amended to read: 153.19 Private water supplies.--No jurisdiction hereunder shall be exercised by the board of county commissioners over any privately owned industrial water supply system or the disposition of industrial or manufacturing wastesi nor shall any rule or regulation be adopted or suit instituted or prosecuted hereunder designed or intended to control or regulate the same, unless one of the following conditions exists: (2) In the case of an industrial or manufacturing plant that is connected with and using any facility authorized by this chapteri but any such rule, regulation or suit shall be limited to the particular waters or the particular industrial or manufacturing plant affected by one of the above conditions. However, this shall not restrain or prevent the 82v2siefl--e£--Heal~h--e£--~he Department of Health and Rehabilitative Services in anywise from instituting a suit or taking other action in event said plant or manufacturing company shall pollute the waters in the state as defined in s. 387.08. Section 29.
Section 154.01, Florida Statutes, is amended to read:
154.01 Health units authorized.--The several counties of the state, and cities therein, may cooperate with the 9ivieieft-e£--Hea*~fi 505 Law Center PLLC • adopteerightslaw.com What's at Stake: Florida • Adoptee Rights
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enter upon and inspect the premises or vehicles of any person engaged in the transportation of radioactive materials during hours of business operation, with or without a warrant, for the purpose of determining compliance with the provisions of this section and the rules and regulations thereunder. (3) Upon a finding by the Department of Health and Rehabilitative Services 9ivieien-e£-Hea±th that any provision of this section, or the rules and regulations thereunder, are being violated or that any practice in the transportation of radioactive materials constitutes a clear and imminent danger to the public health, property, or safety, it may issue an order requiring correction. Section read:
98.
Section
381.522,
Florida
Statutes, is amended to
381.522 Toilets required by department regulations ~he-d±vi8ion: for use of prohibited.--No place of employment or place serving the public shall make a charge for the use of any toilet which is required to be provided by regulation of the eivieion--e£ Hea±th--ef-the Department of Health and Rehabilitative Services. Any place of employment or place serving the public which violates this act is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.083. char~e
Section 99.
Section 382.01, Florida Statutes, is amended to read:
382.01 Registration of vital statistics.--The eivieien-e£-Hee~th of-the Department of Health and Rehabilitative Services shall have charge of the registration of vital statistics; shall furnish forms and blanks for obtaining and preserving such records; and shall procure the faithful registration of the same in -each primary registration district as constituted in s. 382.031 and in the €entra± &tt~eatt--e£ vital statistics ae-the office of the department divieien. The said department divieien shall be charged with the uniform and thorough enforcement of the law throughout the state and shall from time to time recommend any additional legislation that may be necessary for this purpose. Section read:
100.
Section
382.02,
Florida
Statutes, is amended to
382.02 Vital statistics function €entre±--ettreatti clerical assistance; compensation.--The vital statistics function of the Department of Health and Rehabilitative Services €entraf-Bureett-e£
¥4ta1-s~ae4st4es 7 -wh4ek-4e--attther4zee--ee--ee--eetae±iehed--e~--eaie
Bivieien--e£--Hea±th 7 shall be under the il'lllllediate direction of the Secretary direeter-e£-the-9ivieieR-e£-Hee±th--e£--the--Be~ert~ent of Health and Rehabilitative services, who shall be, by virtue of his office, State Registrar of Vital Statistics. The department divisien shall provide for such clerical and other assistants as may be necessary for the purposes of this chapter, and shall fix the compensation of persons thus employed, and shall provide £er-the Bttreeu-e£-Vite±-stetistiee suitable offices, which shall be properly equipped with fireproof vault and filing cases for the permanent and safe preservation of all official records made and returned under this chapter. Section 101. Paragraph (a) of subsection {2) of section 382.071, Florida Statutes, is amended to read: 529 What's at Stake: Florida • Adoptee Rights Law Center PLLC • adopteerightslaw.com
CHAPTER 77-147 382.071
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Fetal death registration.--
(2) A fetal death certificate for each fetal death which occurs in this state after gestation period of 20 completed weeks or more shall be filed with the local registrar of the district in which the delivery occurred within 3 days after such delivery and prior to final disposition or removal of the fetus from the state, and shall be registered with such registrar if it has been completed and filed in accordance with this section: provided: (a) The certificate of fetal death prescribed by the Department of Health and Bivieiefl-er-Hea±th:
shall be in the form Rehabilitative Services
Section 102. Paragraph (a) of subsection (1) of section 382.081, Florida Statutes, is amended to read: 382.081
Death registration.--
(!) A death certificate for each death which occurs in this state shall be filed with the local registrar of the district in which the death occurred within 3 days after such death and prior to final disposition or removal of the body from the state, and shall be registered by such registrar if it has been completed and filed in accordance with this section: ·
(a) The certificate of death shall be in the form prescribed by the Department of Health and Rehabilitative Services Bivieiefl--ef Hedth: Section read: 382.091
103.
Section
382.091,
Florida Statutes, is amended to
Extension of time.--
(1)
The DeEartment of Health and Rehabilitative Services eivi5iefl may y regulation and upon such conditions as it may prescribe to assure compliance with the purposes of this act, provide for the extension of the periods prescribed in this chapter for the filing of death certificates, fetal death certificates, medical certifications of causes of death, and for the obtaining of burialtransit permits in cases in which compliance with the applicable prescribed period would result in undue hardship. e~-Hea±€fi
(2) Regulations of the said department &ivi5iefl 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 act 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. Section 104. Subsection (1) of section 382.17, Florida Statutes, is amended to read: 382.17
Birth certificates: form: information to be recorded.--
(1) The original certificate of birth shall contain all of the information required by the Department of Health and Rehabilitative Services ittvieiefl--ef-Hea±th, all of the items of which are declared necessary for the legal, social, and sanitary purposes subserved by registration records, provided however, that all information 530 What's at Stake: Florida • Adoptee Rights Law Center PLLC • adopteerightslaw.com
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concerning marital status and medical details shall be recorded on a separate section of the original birth certificate, which portion of said birth certificate after having been processed for statistical and health purposes shall not be open to inspection by, nor shall certified copies of the same be issued to any person other than the registrant, if of legal age, or upon the order of any court of competent jurisdiction. Section read:
105.
Section
382.19,
Florida
Statutes, is amended to
382.19 Filing of certificates of birth, death, or stillbirth in cases where none was filed at time of birth, death, or stillbirth.-If at any time after the birth, death, or stillbirth of any person within the state, a copy of the official record or portion thereof of said birth, death, or stillbirth be necessary and, after search by the State Registrar or his representative, it should appear that no such certificate of birth, death, or stillbirth was made or filed, the physician, midwife, or undertaker responsible for the report, or father, mother, older brother, or sister, or other person knowing the facts, may file with the central Bttreett-e£ vital statistics office of the De artment of Health and Rehabilitative Services 7 such certi icate of irth, eath, or s 1 irt , toget er wit sue sworn statements and affidavits as the State Registrar may require. Section read:
106.
Section
382.22,
Florida
Statutes, is amended to
382.22 Substitution of new certificate of birth for original.-When a new certificate of birth is made, the State Registrar shall substitute the new certificate of birth for that on file in the S~a~e Bttreatt-e£ vital statistics office of the Department of Health and Rehabilitative Services Bi¥±e±eA--e£--Hea±th, and shall place the original certificate of birth and all papers pertaining thereto under seal, not to be broken or opened except by decree, judgment, or order of a court of competent jurisdiction; or at the instance and request of the person whose birth is the subject of the said certificate of birth; provided, however, that before any such person shall be entitled to have the seal broken and the record opened without order of court, he or she shall first identify himself or herself to the satisfaction of the State Registrar. Thereafter, when a certified copy of the certificate of birth of such person or portion thereof is issued, it shall be a copy of the new certificate of birth or po·rtion thereof, except when an order, judgment, or decree of a court of competent jurisdiction shall require the issuance of a copy or certified copy or the original certificate of birth, or except when such copy of the original certificate shall be requested by the person whose birth is the subject of the said certificate, such person having first furnished satisfactory evidence of identity as is hereinabove provided. Section read:
107.
Section
382.23,
Florida
Statutes, is amended to
382.23 Department a~rea~-ef-V4~ei-S~a~±e~4es to receive matriage licenses.--Upon the return of each marriage license to the issuing County Court Judge, as provided and issued under chapter 741, the issuing County Court Judge shall forthwith record the same, and shall, on or before the 5th day of each month, transmit all the original licenses, with endorsements thereon, received by him during the preceding calendar month, to the B~rea~-e£ vital statistics 531 What's at Stake: Florida • Adoptee Rights Law Center PLLC • adopteerightslaw.com
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office of the Department of Health and Rehabilitative Services. As to any marriage licenses issued and not returned to the issuing County Court Judge or any marriage licenses returned to the issuing County Court Judge and not recorded by him so as to be transmitted to the department Bttreatt--e£--Vi~ai--S~a~is~ies, as in this section provided, such issuing county court judge shall report the same to the department saie-ettreatt at the time of transmitting the recorded licenses on the forms to be prescribed and furnished by the department saie--ettreatt. If no marriage licenses are issued returned to the issuing County Court Judge to be transmitted or reported to the department sai6-"'1:1reatt, as by this section provided, said issuing County Court Judge shall report such fact to the department saie-ettreatt upon forms prescribed and furnished by it. ~-
-or
Section read:
108.
Section
382.24,
Florida
Statutes, is amended to
382.24 County Court Judges and Clerks of the Circuit Courts to transmit marriage application fees monthly.--On or before the fifth day of each month, each of the several County Court Judges and Clerks of the Circuit Courts of the state shall transmit to the Bttreatt--er vital statistics office of the Department of Health and Rehabilitative Services the fees collected by him under the provisions of s. 741.02 during the preceding calendar months. Section read:
109.
Section
382.25,
Florida
Statutes, is amended to
Clerks of Circuit Courts to furnish department Bttreatt-e£ with record of dissolutions of marriage granted; charges.--On or before the tenth day of each month, the several Clerks of the Circuit Courts of the state shall transmit to the Bttreatt--e£ vital statistics office of the Department of Health and Rehabilitative Services, on forms prescribed and furnished by it, a record of each and every judgment of dissolution of marriage granted by said courts during the preceding calendar month, giving names of parties and such other data as required by such forms. Clerks of the Circuit Court shall collect for their service at the time of the filing of a final judgment of dissolution of marriage a charge of $3, which is to be taxed as a part of the cost in the cause in which the judgment is granted. 382.25
~i~ai-S~a~is~ies
Section read:
110.
Section
382.28,
Florida
Statutes, is amended to
382.28 Department Bttreatt to prescribe and furnish marriage license forms.--All forms used in the issuance of marriage licenses in this state shall be prescribed and furnished by the Department of Health and Rehabilitative Services Bttreatt-e£-Vi~ai-S~a~is~ies. Section read:
111.
Section
382.29,
Florida
Statutes, is amended to
382.29 Department Bttreatt to keep accurate accounts and transmit funds monthly to State Treasurer.--A true and correct account of all sums transmitted to the Deeartment of Health and Rehabilitative Services Bttreatt-e£-Vi~ai--S~a~~s~4es by the several County Court Judges of the state, under the provisions of s. 382.24, shall be kept by the department saie-ettreattL and the department saie--ettreatt shall each month transmit such funds so received by it to the State Treasurer; the State Treasurer shall place such funds so transmitted 532
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to him to the credit of the General Revenue Funds and sufficient moneys shall be appropriated by the Annual Appropriations Act for the efficient administration of this chapter. Section read:
112.
Section
382.32,
Florida
Statutes, is amended to
382.32 State Registrar to supply forms; duties.--The State Registrar shall prepare, print and supply to all registrars all blanks and forms used in registering, recording, and preserving the returns, or in otherwise carrying out the purposes of this chapter; and shall prepare and issue such detailed instructions as may be required to procure the uniform observance of its provisions and the maintenance pf a perfect system of registration; and no other blanks shall be used than those supplied by the State Registrar. He shall carefully examine the certificates received monthly from the local registrars, and if any such are incomplete or unsatisfactory, he shall require such further information to be supplied as may be necessary to make the record complete and satisfactory. And all physicians, midwives, informants, or undertakers, and all other persons having knowledge of the facts, are required to supply, upon a form provided by the State Registrar or upon the original certificate, such information as they may possess regarding any birth, death, or stillbirth, upon demand of the State Registrar, in person, by mail or through the local registrar. The State Registrar shall further arrange, bind, and permanently preserve the certificates in a systematic manner. He shall inform all registrars what diseases are to be considered infectious, contagious, or communicable and dangerous to the public health, as decided by the Department of Health and Rehabilitative Services Bivisieft-ef-Hea~~k, in order that when deaths occur from such diseases, proper precautions may be taken to prevent their spread. Section read:
113.
Section
382.321,
Florida Statutes, is amended to
382.321 Department to destroy certain index cards.--The Department of Health and Rehabilitative Services Bivisieft--e£--Hea~tk is hereby authorized to destroy the card index it is required to prepare and maintain by s. 382.32, after the information thereon has been permanently recorded in bound index books and verified. Section read:
114.
Section
382.33,
Florida
Statutes, is amended to
382.33 Duties of local registrar.--Eac~ local registrar shall supply blank forms to such persons as require them. Each local registrar shall carefully examine each certificate of birth, death, or stillbirth when presented for record, in order to ascertain whether or not it has been made out in accordance with the provisions of this chapter and the instructions of the State Registrar; and if any certificate of death or stillbirth is incomplete or unsatisfactory, shall call attention to the defect in the return, and to withhold the burial, removal, or other permit until such defects are corrected. All certificates, either of birth, death, or stillbirth, shall be typewritten or written legibly in permanent black ink, and no certificate shall be held to be complete and correct that does not supply all of the items of information called for therein, or satisfactorily account for their omission. If the certificate of death or stillbirth is properly executed and complete, he shall then issue a burial, removal, or other permit to the 533 Law Center PLLC • adopteerightslaw.com What's at Stake: Florida • Adoptee Rights
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undertaker or the person acting as such; provided, that in case the death occurred from some disease which is held by the Department of Health and Rehabilitative Services B4visiefl--e£--Hea±~h to be Infectious, contagious, or communicable and dangerous to the public health, no permit for the removal or other disposition of the body shall be issued by the registrar, except under such conditions as may be prescribed by the Deeartment of Health and Rehabilitative Services aivisieft. If a certificate of birth is incomplete the local registrar shall immediately notify the informant, and require him or her to supply the missing items of information if they can be obtained. He shall sign his name as registrar in attestation of the date of filing in his office. He shall also make and preserve a local record of each birth, each death, and each stillbirth certificate registered by him, in such manner as directed by the State Registrar. And he shall, on the 5th day of each month, transmit to the State Registrar all original certificates registered by him for the preceding month. And if no births or deaths or no stillbirths occurred in any month he shall, on the fifth day of the following month, report that fact to the State Registrar, on a card provided for such purpose. Section 115. Subsections (5) and (8) of section 382.35, Florida Statutes, are amended to read: 382.35 Disclosure of information; certificates, birth cards, etc.; copies records; fees; disposition of fees.--
certified copies of birth as evidence; searches of
{5) The State Registrar shall furnish a certified copy of all or part of any marriage, dissolution of marriage, or death certificate, excluding that portion which contains the medical certification of cause of death, recorded under the provisions of this chapter to any person requesting it upon payment of the fee prescribed by this section. A certified copy of the medical certification of cause of death shall be furnished only to persons having a direct and tangible interest in the cause of death, as provided by rules and regulations of the Department of Health and Rehabilitative Services BivisieH-e£ Hea±th. (8) All fees prescribed herein shall be paid by the applicant. The Department of Health and Rehabilitative Services BivisieH--e£ Hea±~h may waive any or all of the fees required in this section. The State Registrar shall keep a true and correct account of all fees required under this section and turn the same over to the State Treasurer to the credit of the General Revenue Fund. Section read:
116.
Section
382.38,
Florida
Statutes, is amended to
382.38 Department rules.--The Department of Health and Rehabilitative Services eivisieH-e£-Hea~~~ may adopt, promulgate, and enforce rules and regulations requiring the notification of all cases of sickness necessary for the preservation and protection of the public health, and for the collection of statistics of marriages and dissolutions of marriage. Section 117. Subsection (3) of section 382.39, Florida Statutes, is amended to read: 382.39
Penalties.--
534 What's at Stake: Florida • Adoptee Rights Law Center PLLC • adopteerightslaw.com
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LAWS OF FLORIDA
CHAPTER 77-147
(3) Except where a different penalty is provid~d for in this section, any person who violates any of the prov1s1ons of this chapter, or the· rules and regulations of the Department of Health and Rehabilitative Services Bivisie"~-e£--Heelth, or who neglects or refuses to perform any of the duties imposed upon him thereunder, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.083. Section read:
118.
Section
382.40,
Florida
Statutes, is amended to
382.40 Delayed birth certificates; jurisdiction of County Court; procedure and issuance.--Any resident of, or person born in, the state may file a duly verified petition in the county court in the county of his or her residence or in the county of his or her place of birth, setting forth the date, place, and parentage of his or her birth, and petitioning the County Court Judge to issue an order certifying the date, place, and parentage of the birth of the petitioner. Also, a petition may be filed by any such resident or person born in Florida for the purpose of determining either, or any, the date, the place, or the parentage of the birth of the petitioner. Upon filing said petition, the County Court Judge shall have a hearing and may conduct the same as other special proceedings before him. The hearing may, in his discretion, be set for a time certain, within a reaso·nable time after the petition is filed. When the petition comes on for hearing before the County Court Judge, such evidence may be presented as may be required by the court to establish the fact of such birth and the date, place, and parentage of the birth of the petitioner, or any of such facts, but no certificate may be granted on the uncorroborated testimony of the petitioner. If the evidence offered shall satisfy the court of the date, place, and parentage of the birth of the petitioner, or any of such facts, the court shall thereupon enter an order and certificate accordingly, which said order shall be entered upon forms furnished the county court of the several counties by the Department of Health and Rehabilitative Services B~ree~--e£--Vital--Statisties--e£--the B~v~sie"--ef--Health. Said order shall be made and signed in triplicate. One copy of such order shall be filed in the County Court in a permanent looseleaf book kept for that purpose and marked "Delayed Birth Certificates," and no further recording shall be required by the court. Where the birth of the petitioner is shown to have occurred in Florida, one copy shall be delivered to the petitioner, and one copy shall be mailed by the County Court Judge, within 10 days after the date of order, to the vital statistics office of the B~Peett--e£--Vitel--Stetisties 7 --Bivisie"--e£--Heeftk; Department of Health and Rehabilitative Services;-aaeffse"ville. In all other instances two copies of such order shall be delivered to the petitioner. Said department ftt:lreatt is authorized and directed to furnish such forms and file such order.
Section read:
119.
Section
382.47,
Florida
Statutes, is amended to
382.47 Certified copies.--The Department of Health and Rehabilitative Services B~reett-e£-Vital--Stat4sties and the County Court Judge are each authorized to make and furnish additional certified copies of such order upon payment of $2 therefor.
Section 120. Subsection (1) of section 382.49, Florida statutes, is amended to read: 535
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CHAPTER 77-147 382.49
LAWS OF FLORIDA
Co~rection
of birth certificates.--
of Health and Rehabilitative Services Bttreett by and through the State Registrar, is hereby authorized, empowered and directed to correct any error oI a general nature pertaining to date of birth, sex of child, or other information necessary to the issuance of bi'rth certificate and to correct any error of a clerical nature, such as mistakes in spelling of names of child, names of towns or cities in which child was born or doctor or midwife or other person attending the birth of said child. (1)
The
CHAPTER 77-14 7
De~artment
e£-Vite±-statist~es-e£-the-etate,
Section read:
121.
Section
383.02,
Florida
Statutes, is. amended to
383.02 Custodian and disburser of funds.--The Department of Health and Rehabilitative Services BivisieH-ef-Hee±th is designated custodian of all funds allotted to this state from the appropriation made by the Sheppard-Towner Act, and the department ai¥isieH may receive and provide for the proper custody arid disbursement of said funds in accordance with said act. Section read:
122.
Section
383.03,
Florida
Statutes, is amended to
383.03 Cooperation with federal authorities1 appropriation.--The Department of Health and Rehabilitative Services BivisieH--ef--Hee±th ~ft~ett§ft--~ts--ea~la-weifa~e-aAd-es4la-Hy§~ese-Btt~eatt 7 shall cooperate as provided in and by the Sheppard-Towner Act of Congress with the federal authorities in the administration of the provisions of said act, and shall do all things necessary to entitle the state to receive the benefits thereof and especially shall cooperate with the Federal Government in carrying out the provisions of the act for the promotion of the welfare and hygiene of maternity and infancy. The Department of Health and Rehabilitative Services BivieieH--ef--Hee±th throttgh-its-€hi±a-weifere-aAe-€hi±d-HygieHe-Bttreatt may expend, of the funds raised by taxation for the maintenance of the department ei¥isien, the sum of $16,000 per year, or so much thereof as may be necessary to equal and match the amount of money allotted to the state by the Federal Government under the provisions of the said Sheppard-Towner Act, approved November 23, 1921. Section read:
123.
Section
383. 04,
Florida
Statutes, is amended to
383.04 Prophylactic required for eyes of infants.--Every physician, midwife, or other person in attendance at the birth of a child in the state is required to instill or have instilled into the eyes of the baby within 1 hour after birth, a 1 percent fresh solution of silver-nitrate (with date of manufacture marked on container), 2 drops of the solution to be dropped into each eye after the eyelids have been openedi or some equally effective prophylactic approved by the Department of Health and Rehabilitative Services Bi¥isies--ef--Heal~h, for the prevention of blindness from ophthalmia neonatorum. A record of such administration or instillation shall be reported on the birth certificate, showing the time with respect to the birth and the kind of prophylactic administered1 provided, that this section shall not apply to cases where the parents shall file with the physician, midwife, or other person in attendance at the birth of a child written objections on account of religious beliefs contrary to the use of drugs. In such case the physician, midwife, or 536 What's at Stake: Florida • Adoptee Rights Law Center PLLC • adopteerightslaw.com
CHAPTER 77-147
LAWS OF FLORIDA
CHAPTER 77-147
(4) (a) If the department Eii:Yi:si:ef\ finds that children are detained in any juvenile detention facility which does not meet such standards and requirements, it may so certify to the circuit court and thereupon the court shall either order such deficiency corrected so as to meet minimum standards and requirements or order such children, or any part of them, removed to and confined in a juvenile detention facility which does meet such standards and requirements, whether it is in the same or another county, if such county is willing to receive such child or children. Approved by the Governor June 8, 1977. Filed in Office Secretary of State June 8, 1977.
CHAPTER 77-148 Senate Bill No. 206 AN
ACT relating to state agency records; requiring each state agency which registers or licenses corporations, partnerships, or other business entities to include, within its numbering system, the federal employer's identification number; authorizing any state agency to maintain a dual numbering system subject to specified conditions; requiring the Department of State to keep a registry of federal employer's identification numbers; providing an effective date.
Be It Enacted by the Legislature of the State of Florida: Section 1. Each state agency which registers or licenses corporations, partnerships, or other business entities shall include, by July 1, 1978, within its numbering system, the federal employer's identification number of each corporation, partnership, or other business entity registered or licensed by it. Any state agency may maintain a dual numbering system in which the federal employer's identification number or the state agency's own number is the primary identification number; however, the records of such state agency shall be designed in such a way that the record of any business entity is subject to direct location by the federal employer's identification number. The Department of State shall keep a registry of federal employer's identification numbers of all business entities, registered with the Division of Corporations, which registry of numbers may be used by all state agencies. Section 2.
This act shall take effect July 1, 1977.
Approved by the Governor June 8, 1977. Filed in Office Secretary of State June 8, 1977.
CHAPTER 77-149 Committee Substitute for Senate Bill No. 411 AN ACT relating to motor and special fuel taxation; amending ss. 206.05(1), 206.90(1), Florida Statutes, to provide
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