Florida Statute 382.0085 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 382
VITAL STATISTICS

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F.S. 382.0085

382.0085 Stillbirth registration.—

(1) For any stillborn child in this state, the department shall, within 60 days, issue a certificate of birth resulting in stillbirth upon the request of a parent named on a fetal death certificate.

(2) The person who is required to file a fetal death certificate under this chapter shall advise the parent of a stillborn child:

(a) That the parent may request the preparation of a certificate of birth resulting in stillbirth in addition to the fetal death certificate;

(b) That the parent may obtain a certificate of birth resulting in stillbirth by contacting the Office of Vital Statistics;

(c) How the parent may contact the Office of Vital Statistics to request a certificate of birth resulting in stillbirth; and

(d) That a copy of the original certificate of birth resulting in stillbirth is a document that is available as a public record when held by an agency as defined under s. 119.011(2).

(3) The request for a certificate of birth resulting in stillbirth must be on a form prescribed by the department by rule and include the date of the stillbirth and the county in which the stillbirth occurred. The request shall normally include the state file number of the fetal death report pursuant to s. 382.008.

(4) The certificate of birth resulting in stillbirth must contain:

(a) The date of the stillbirth.

(b) The county in which the stillbirth occurred.

(c) The name of the stillborn child as provided on the original or amended certificate of the fetal death report pursuant to s. 382.008. If a name does not appear on the original or amended fetal death certificate and the requesting parent does not wish to provide a name, the Office of Vital Statistics shall fill in the certificate of birth resulting in stillbirth with the name “baby boy” or “baby girl” and the last name of the parents as provided in s. 382.013(3).

(d) The state file number of the corresponding certificate of fetal death.

(e) The following statement: “This certificate is not proof of live birth.”

(5) A certificate of birth resulting in stillbirth shall be a public record when held by an agency as defined under s. 119.011(2). The Office of Vital Statistics must inform any parent who requests a certificate of birth resulting in stillbirth that a copy of the document is available as a public record.

(6) A parent may request that the Office of Vital Statistics issue a certificate of birth resulting in stillbirth regardless of the date on which the certificate of fetal death was issued.

(7) It is final agency action, not subject to review under chapter 120, for the Office of Vital Statistics to refuse to issue a certificate to a person who is not a parent named on the fetal death certificate and who is not entitled to a certificate of birth resulting in stillbirth.

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

(9) This section or s. 382.002(17) may not be used to establish, bring, or support a civil cause of action seeking damages against any person or entity for bodily injury, personal injury, or wrongful death for a stillbirth.

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

History.—s. 4, ch. 2006-118; s. 2, ch. 2012-186; s. 6, ch. 2015-105; s. 4, ch. 2017-38.

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Amendments to 382.0085

Arrestable Offenses / Crimes under Fla. Stat. 382.0085

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 382.0085.

Annotations, Discussions, Cases:

Cases Citing Statute 382.0085

Total Results: 8

Hughes v. State

Court: Fla. | Date Filed: 2005-04-28T00:53:00-07:00

Citation: 901 So. 2d 837

Snippet: 840 (2003); Goode v. United States, 305 F.3d 378, 382-85 (6th Cir.), cert. denied, 537 U.S. 1096, 123 S.

Windom v. State

Court: Fla. | Date Filed: 2004-05-06T00:53:00-07:00

Citation: 886 So. 2d 915

Snippet: 840 (2003); Goode v. United States, 305 F.3d 378, 382-85 (6th Cir.), cert. denied, 537 U.S. 1096, 123 S.

Griffith v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1989-03-28T00:00:00-08:00

Citation: 548 So. 2d 244, 14 Fla. L. Weekly 781, 1989 Fla. App. LEXIS 1579

Snippet: undisputed that Joy did not qualify under section 382.-085(1), Florida Statutes (1985) (renumbered section…not “legally dead” within the meaning of section 382.-085(1).5 Second, and perhaps more important, even …legal procedures carefully set forth in section 382.-085(2)-(4), Florida Statutes (1985). Under no circumstances…242, 96 S.Ct. 2960, 49 L.Ed.2d 913 (1976). . 382.085 Recognition of brain death under certain circumstances

Griffith v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1989-03-27T23:53:00-08:00

Citation: 548 So. 2d 244

Snippet: undisputed that Joy did not qualify under section 382.085(1), Florida Statutes (1985) (renumbered section…legally dead" within the meaning of section 382.085(1).[5] Second, and perhaps more important, even…legal procedures carefully set forth in section 382.085(2)-(4), Florida Statutes (1985). Under no circumstances

Kepler v. Georgia International Life Insurance Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1989-02-10T00:00:00-08:00

Citation: 538 So. 2d 940, 14 Fla. L. Weekly 426, 1989 Fla. App. LEXIS 626, 1989 WL 9753

Snippet: legal and medical purposes” on May 28, 1986. § 382.085, Fla.Stat. (1985). While the plaintiffs argument

John F. Kennedy Hosp. v. Bludworth

Court: Fla. | Date Filed: 1984-05-24T00:53:00-07:00

Citation: 452 So. 2d 921

Snippet: definition of "brain death" under section 382.085, Florida Statutes (1983). It is now possible to

In Re Guardianship of Barry

Court: Fla. Dist. Ct. App. | Date Filed: 1984-01-26T23:53:00-08:00

Citation: 445 So. 2d 365

Snippet: determined under the standard set forth in F.S. 382.085 because there has not been irreversible cessation…cited therein. 6. The standard set forth in F.S. 382.085 is not the exclusive standard for determining death…example, in 1980 the legislature enacted section 382.085, Florida Statutes, to recognize "brain death… a minimal function of his brain stem. Section 382.085(4), however, recognizes that the statutory recognition

John F. Kennedy Memorial Hosp. v. Bludworth

Court: Fla. Dist. Ct. App. | Date Filed: 1983-05-25T00:53:00-07:00

Citation: 432 So. 2d 611

Snippet: under certain circumstances" statute, Section 382.085, Florida Statutes (1981), and thus we affirm the