Florida Statute 382.002 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 382
VITAL STATISTICS

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F.S. 382.002

382.002 Definitions.—As used in this chapter, the term:

(1) “Burial-transit permit” means a permit issued by the department that authorizes the final disposition of a dead body.

(2) “Certificate of birth resulting in stillbirth” means a certificate issued to record and memorialize the birth of a stillborn child.

(3) “Certification” or “certified” means a document containing all or a part of the exact information contained on the original vital record, and which, when issued by the State Registrar, has the full force and effect of the original vital record.

(4) “Certified homeless youth” means a minor who is a homeless child or youth, including an unaccompanied youth, as those terms are defined in 42 U.S.C. s. 11434a, and who has been certified as homeless or unaccompanied by:

(a) A school district homeless liaison;

(b) The director of an emergency shelter program funded by the United States Department of Housing and Urban Development, or the director’s designee; or

(c) The director of a runaway or homeless youth basic center or transitional living program funded by the United States Department of Health and Human Services, or the director’s designee.

(5) “Dead body” means a human body or such parts of a human body from the condition of which it reasonably may be concluded that death recently occurred.

(6) “Department” means the Department of Health.

(7) “Dissolution of marriage” includes an annulment of marriage.

(8) “Fetal death” means death prior to the complete expulsion or extraction of a product of human conception from its mother if the 20th week of gestation has been reached and the death is indicated by the fact that after such expulsion or extraction the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles.

(9) “Final disposition” means the burial, interment, entombment, cremation, removal from the state, anatomical donation, or other authorized disposition of a dead body or a fetus as described in subsection (8). In the case of cremation, dispersion of ashes or cremation residue is considered to occur after final disposition; the cremation itself is considered final disposition. In the case of anatomical donation of a dead body, the donation itself is considered final disposition.

(10) “Funeral director” means a licensed funeral director or direct disposer licensed pursuant to chapter 497 who first assumes custody of or effects the final disposition of a dead body or a fetus as described in subsection (8).

(11) “Legal age” means a person who is not a minor, or a minor who has had the disability of nonage removed as provided under chapter 743.

(12) “Live birth” means the complete expulsion or extraction of a product of human conception from its mother, irrespective of the duration of pregnancy, which, after such expulsion, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, and definite movement of the voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached.

(13) “Medical examiner” means a person appointed pursuant to chapter 406.

(14) “Nonviable birth” means an unintentional, spontaneous fetal demise occurring after the completion of the 9th week of gestation but prior to the 20th week of gestation of a pregnancy that has been verified by a health care practitioner.

(15) “Physician” means a person authorized to practice medicine, osteopathic medicine, or chiropractic medicine pursuant to chapter 458, chapter 459, or chapter 460.

(16) “Registrant” means the child entered on a birth certificate, the deceased entered on a death certificate, and the husband or wife entered on a marriage or dissolution of marriage record.

(17) “Stillbirth” means an unintended, intrauterine fetal death after a gestational age of not less than 20 completed weeks.

(18) “Vital records” or “records” means certificates or reports of birth, death, fetal death, marriage, dissolution of marriage, name change filed pursuant to s. 68.07, and data related thereto.

(19) “Vital statistics” means a system of registration, collection, preservation, amendment, and certification of vital records, the collection of other reports required by this act, and activities related thereto, including the tabulation, analysis, and publication of data obtained from vital records.

History.—s. 1, ch. 87-387; s. 52, ch. 97-101; s. 87, ch. 97-237; s. 254, ch. 98-166; s. 2, ch. 2004-34; s. 138, ch. 2004-301; s. 2, ch. 2006-118; s. 1, ch. 2012-186; s. 1, ch. 2013-138; s. 1, ch. 2015-105; s. 2, ch. 2017-38.

F.S. 382.002 on Google Scholar

F.S. 382.002 on Casetext

Amendments to 382.002

Arrestable Offenses / Crimes under Fla. Stat. 382.002

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 382.002.

Annotations, Discussions, Cases:

Cases Citing Statute 382.002

Total Results: 14

Fonseca v. Taverna Imports, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2017-01-04

Citation: 212 So. 3d 431, 2017 WL 36264, 2017 Fla. App. LEXIS 28

Snippet: appealed under case numbers 3D15-737 and 3D15-382. 2 . These orders are appealed under case

D.M.T. v. T.M.H.

Court: Supreme Court of Florida | Date Filed: 2013-11-07

Citation: 129 So. 3d 320, 38 Fla. L. Weekly Supp. 812, 2013 WL 5942278, 2013 Fla. LEXIS 2422

Snippet: would be required under s. 63.062(1).” See also § 382.002(11), Fla. Stat. (“ ‘Live birth’ means the complete

T.M.H. v. D.M.T.

Court: District Court of Appeal of Florida | Date Filed: 2011-12-23

Citation: 79 So. 3d 787

Snippet: . ” The definition of “live birth” in section 382.002(9), Florida Statutes, also makes clear that Florida

Tmh v. Dmt

Court: District Court of Appeal of Florida | Date Filed: 2011-12-23

Citation: 79 So. 3d 787, 2011 Fla. App. LEXIS 20502, 2011 WL 6437247

Snippet: .." The definition of "live birth" in section 382.002(9), Florida Statutes, also makes clear that Florida

Ago

Court: Florida Attorney General Reports | Date Filed: 1998-10-27

Snippet: than those approved by the department." Section 382.002(13), Fla. Stat., defines "Vital records" to mean

Ago

Court: Florida Attorney General Reports | Date Filed: 1994-12-13

Snippet: treatment and care of the patient." 5 See, s. 382.002(4), Fla. Stat. (1993), defining "[d]eath without

In re T.A.C.P.

Court: Supreme Court of Florida | Date Filed: 1992-11-12

Citation: 609 So. 2d 588

Snippet: has been cut or the placenta is attached. *593§ 382.002(10), Fla.Stat. (1991). Conversely, “fetal death”

In Re TACP

Court: Supreme Court of Florida | Date Filed: 1992-11-12

Citation: 609 So. 2d 588, 17 Fla. L. Weekly Supp. 691, 1992 Fla. LEXIS 1932, 1992 WL 324714

Snippet: has been cut or the placenta is attached. *593 § 382.002(10), Fla. Stat. (1991). Conversely, "fetal death"

Snippet: 1933, she has disbursed for insurance and taxes $6,382.02. Four years after the execution of the mortgage

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