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Florida Statute 382.85 - Full Text and Legal Analysis
Florida Statute 382.0085 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 382
VITAL STATISTICS
View Entire Chapter
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.

F.S. 382.0085 on Google Scholar

F.S. 382.0085 on CourtListener

Amendments to 382.0085


Annotations, Discussions, Cases:

Cases Citing Statute 382.0085

Total Results: 6

John F. Kennedy Hosp. v. Bludworth

452 So. 2d 921, 49 A.L.R. 4th 799

Supreme Court of Florida | Filed: May 24, 1984 | Docket: 1517664

Cited 39 times | Published

meet the definition of "brain death" under section 382.085, Florida Statutes (1983). It is now possible

In Re Guardianship of Barry

445 So. 2d 365

District Court of Appeal of Florida | Filed: Jan 27, 1984 | Docket: 1685509

Cited 34 times | Published

be determined under the standard set forth in F.S. 382.085 because there has not been irreversible cessation

Griffith v. State

548 So. 2d 244, 1989 WL 27899

District Court of Appeal of Florida | Filed: Mar 28, 1989 | Docket: 1699269

Cited 4 times | Published

undisputed that Joy did not qualify under section 382.085(1), Florida Statutes (1985) (renumbered section

John F. Kennedy Memorial Hosp. v. Bludworth

432 So. 2d 611

District Court of Appeal of Florida | Filed: May 25, 1983 | Docket: 1264866

Cited 4 times | Published

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

Griffith v. State

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

District Court of Appeal of Florida | Filed: Mar 28, 1989 | Docket: 64644622

Published

undisputed that Joy did not qualify under section 382.-085(1), Florida Statutes (1985) (renumbered section

Kepler v. Georgia International Life Insurance Co.

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

District Court of Appeal of Florida | Filed: Feb 10, 1989 | Docket: 64640628

Published

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