Florida Statute 382.016 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 382
VITAL STATISTICS

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F.S. 382.016

382.016 Amendment of records.—The department, upon receipt of the fee prescribed in s. 382.0255; documentary evidence, as specified by rule, of any misstatement, error, or omission occurring in any birth, death, or fetal death record; and an affidavit setting forth the changes to be made, shall amend or replace the original certificate as necessary.

(1) CERTIFICATE OF LIVE BIRTH AMENDMENT.—

(a) Until a child’s first birthday, the child’s given name or surname may be amended upon receipt of the fees prescribed in s. 382.0255 and an affidavit signed by each parent named on the original birth certificate or by the registrant’s guardian. If both parents are named on the certificate but both are not willing or available to sign the affidavit, the registrant’s name may only be amended by court order.

(b) Upon written request and receipt of an affidavit, a notarized voluntary acknowledgment of paternity signed by the mother and father acknowledging the paternity of a registrant born out of wedlock, or a voluntary acknowledgment of paternity that is witnessed by two individuals and signed under penalty of perjury as specified by s. 92.525(2), together with sufficient information to identify the original certificate of live birth, the department shall prepare a new birth certificate, which shall bear the same file number as the original birth certificate. The names and identifying information of the parents shall be entered as of the date of the registrant’s birth. The surname of the registrant may be changed from that shown on the original birth certificate at the request of the mother and father of the registrant, or the registrant if of legal age. If the mother and father marry each other at any time after the registrant’s birth, the department shall, upon receipt of a marriage license that identifies the registrant, or upon the request of the mother and father or registrant if of legal age and proof of the marriage, amend the certificate with regard to the parents’ marital status as though the parents were married at the time of birth. The department shall substitute the new certificate of birth for the original certificate on file. All copies of the original certificate of live birth in the custody of a local registrar or other state custodian of vital records shall be forwarded to the State Registrar. Thereafter, when a certified copy of the certificate of birth or portion thereof is issued, it shall be a copy of the new certificate of birth or portion thereof, except when a court order requires issuance of a certified copy of the original certificate of birth. Except for a birth certificate on which a father is listed pursuant to an affidavit, a notarized voluntary acknowledgment of paternity signed by the mother and father acknowledging the paternity of a registrant born out of wedlock, or a voluntary acknowledgment of paternity that is witnessed by two individuals and signed under penalty of perjury as specified by s. 92.525(2), the department shall place the original certificate of birth and all papers pertaining thereto under seal, not to be broken except by order of a court of competent jurisdiction or as otherwise provided by law.

(c) If a father’s name is listed on the birth certificate, the birth certificate may only be amended to remove the father’s name or to add a different father’s name upon court order. If a change in the registrant’s surname is also desired, such change must be included in the court order or the name must be changed pursuant to s. 68.07.

(d) For a child born in this state whose paternity is established in another state, the department shall amend the child’s birth certificate to include the name of the father upon receipt of:

1. A certified copy of an acknowledgment of paternity, final judgment, or judicial or administrative order from another state that determines the child’s paternity; or

2. A noncertified copy of an acknowledgment of paternity, final judgment, or judicial or administrative order from another state that determines the child’s paternity when provided with an affidavit or written declaration from the Department of Revenue that states the document was provided by or obtained from another state’s Title IV-D program.

The department may not amend a child’s birth certificate to include the name of the child’s father if paternity was established by adoption and the father ¹would not be eligible to adopt under the laws of this state.

(e) The Department of Revenue shall develop written educational materials for use and distribution by the Department of Children and Families, Department of Corrections, Department of Education, Department of Health, and Department of Juvenile Justice that describe how paternity is established and the benefits of establishing paternity. The Department of Children and Families, Department of Corrections, Department of Education, Department of Health, and Department of Juvenile Justice shall make the materials available to individuals to whom services are provided and are encouraged to provide additional education on how paternity is established and the benefits of establishing paternity.

(2) CERTIFICATE OF DEATH AMENDMENTS.—Except for a misspelling or an omission on a death certificate with regard to the name of the surviving spouse, the department may not change the name of a surviving spouse on the certificate except by order of a court of competent jurisdiction.

History.—ss. 1, 2, 3, ch. 24114, 1947; s. 120, ch. 77-147; s. 14, ch. 87-387; s. 99, ch. 97-237; s. 19, ch. 99-397; s. 11, ch. 2001-53; s. 3, ch. 2004-34; s. 9, ch. 2004-334; ss. 17, 18, 19, ch. 2005-39; ss. 6, 7, ch. 2005-82; s. 5, ch. 2010-187; s. 67, ch. 2014-19.

¹Note.—As enacted by s. 18, ch. 2005-39. The s. 7, ch. 2005-82, version used “is not eligible” instead of “would not be eligible.”

Note.—Former s. 382.49.

F.S. 382.016 on Google Scholar

F.S. 382.016 on Casetext

Amendments to 382.016

Arrestable Offenses / Crimes under Fla. Stat. 382.016

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 382.016.

Annotations, Discussions, Cases:

Cases Citing Statute 382.016

Total Results: 19

Van Weelde v. Van Weelde

Court: Fla. Dist. Ct. App. | Date Filed: 2013-02-08T00:00:00-08:00

Citation: 110 So. 3d 918, 2013 WL 466213, 2013 Fla. App. LEXIS 1875

Snippet: of perjury as provided for in s. 382.0IS or s. 382.016 is executed by both parties, or when paternity

MOHORN v. Thomas

Court: Fla. Dist. Ct. App. | Date Filed: 2010-03-31T00:00:00-07:00

Citation: 30 So. 3d 710, 2010 Fla. App. LEXIS 4216, 2010 WL 1222700

Snippet: placement of name on birth certificate] or s. 382.016 [governing amendment of birth and death certificates

STATE, DEPT. OF REVENUE v. Travis

Court: Fla. Dist. Ct. App. | Date Filed: 2007-12-16T23:53:00-08:00

Citation: 971 So. 2d 157

Snippet: paternity as provided for in s. 382.013 or s. 382.016 is executed by both parties, it shall constitute

Florida Dept. of Revenue v. Cummings

Court: Fla. | Date Filed: 2006-05-11T00:00:00-07:00

Citation: 930 So. 2d 604

Snippet: would bring about this change. §§ 382.015(2), 382.016(5), Fla. Stat. (2000). Section 382.015 required

Florida Dept. of Revenue v. MLS

Court: Fla. Dist. Ct. App. | Date Filed: 2000-02-17T23:53:00-08:00

Citation: 756 So. 2d 125

Snippet: father." See Privette, 617 So.2d at 307; § 382.16(5)(a), Fla. Stat. (1985). [9] Privette suggested

Coolidge v. Ulbrich

Court: Fla. Dist. Ct. App. | Date Filed: 1999-05-12T00:00:00-07:00

Citation: 733 So. 2d 1092, 1999 Fla. App. LEXIS 6006, 1999 WL 309097

Snippet: case does not fall within sections 382.015 or 382.016, Florida Statutes (1997), regarding the preparation

Levine v. Best

Court: Fla. Dist. Ct. App. | Date Filed: 1992-03-16T23:53:00-08:00

Citation: 595 So. 2d 278

Snippet: born on June 24, 1986. In accordance with section 382.16(5)(d), Florida Statutes (1985), the child'

Robertson v. Pfister

Court: Fla. Dist. Ct. App. | Date Filed: 1988-03-22T23:53:00-08:00

Citation: 523 So. 2d 678

Snippet: to section 382.16, Florida Statutes (1985). The mother countered claiming that section 382.16 is unconstitutional…unconstitutional. Section 382.16, Florida Statutes (1985), states in part: (5)(a) If the mother was married…that right, the court holds that Florida Statute § 382.16(5)(a), which requires that a child conceived and…here. The mother also argues that even if section 382.16(5)(a), Florida Statutes, is constitutional, the… father proceeded under the statute and section 382.16(5)(a) nowhere addresses the issue of what is in

Atwell v. Sacred Heart Hosp. of Pensacola

Court: Fla. | Date Filed: 1988-02-10T23:53:00-08:00

Citation: 520 So. 2d 30

Snippet: include the names, if known, of the parents, section 382.16, Florida Statutes (1985); and that birth certificates

Collinsworth v. O'CONNELL

Court: Fla. Dist. Ct. App. | Date Filed: 1987-06-02T00:53:00-07:00

Citation: 508 So. 2d 744

Snippet: the finding and order of the court." Section 382.16(5)(d), Florida Statutes. The latter provision prescribes

In the Interest of A.J.R.

Court: Fla. Dist. Ct. App. | Date Filed: 1983-11-10T00:00:00-08:00

Citation: 440 So. 2d 619, 1983 Fla. App. LEXIS 24073

Snippet: as the father of the child. According to Section 382.16(5)(c) and (d), Florida Statutes (1981), the father

Alice P. v. Miami Daily News, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1983-10-11T00:53:00-07:00

Citation: 440 So. 2d 1300

Snippet: attendance during or immediately after the birth. See § 382.16, Fla. Stat. (1981). The fact that a midwife applicant

Morrison v. Longley

Court: Fla. Dist. Ct. App. | Date Filed: 1983-07-21T00:00:00-07:00

Citation: 434 So. 2d 1021, 1983 Fla. App. LEXIS 21675

Snippet: complaint and judgment will be so entered. Section 382.16(5)(c), Florida Statutes (1981), provides: If the

STATE, COM'N ON ETHICS v. Sullivan

Court: Fla. Dist. Ct. App. | Date Filed: 1983-04-18T23:53:00-08:00

Citation: 430 So. 2d 928

Snippet: examination. In Rice, based on its reading of section 382.16(5)(a), HRS repeatedly refused to issue a birth …D.C.S.D.Fla. 1982) where the court declared section 382.16(5)(a) to be an unconstitutional denial of the parent

Smith v. Willis

Court: Fla. Dist. Ct. App. | Date Filed: 1982-06-18T00:53:00-07:00

Citation: 415 So. 2d 1331

Snippet: facial attack on the constitutionality of Section 382.16(5)(a), authorizing HRS to enter on a child'… Rice was such a case. The challenge to Section 382.16(5)(a), relating to the name that should be placed

Jones v. State Department of Health & Rehabilitative Services

Court: Fla. Dist. Ct. App. | Date Filed: 1982-02-09T00:00:00-08:00

Citation: 409 So. 2d 1120, 1982 Fla. App. LEXIS 19147

Snippet: any error of a clerical nature. .. . ” Section 382.16(5), Florida Statutes (1979), however, provides …When we consider § 382.49 in pari materia with § 382.16(5)(a) and (b), it becomes apparent that the name… “proof satisfactory to the registrar.” Under § 382.16(5)(a) and (b), however, the only proof that is …challenged rule is an explicit implementation of § 382.16(5)(a) and (b), and no further guidelines are necessary

Rice v. Dept. of Health & Rehabilitative

Court: Fla. Dist. Ct. App. | Date Filed: 1980-08-08T00:53:00-07:00

Citation: 386 So. 2d 844

Snippet: Statistics" advised appellants that Section 382.16(5)(a), Florida Statutes (1979),[2] requires the…remand, leading to a final order construing Section 382.16(5) in light of a fully-developed record and preserving…Appellants represent that HRS construes Section 382.16(5)(a) to require that the father's surname,…emphasis added). We do not intimate how Section 382.16(5)(a) should be construed by HRS, nor need we decide… parents. In other words, to the extent Section 382.16(5)(a) should be interpreted as requiring use of

Ago

Court: Fla. Att'y Gen. | Date Filed: 1974-03-06T00:53:00-07:00

Snippet: parties causing such registration. See ss. 382.15, 382.16, and 382.17. Therefore, in regard to the issue …birth or to report the fact of such births. See s. 382.16, F.S. Considering the ordinary meaning of the word

State ex rel. Railroad Commissioners v. Atlantic Coast Line Railroad

Court: Fla. | Date Filed: 1910-06-15T00:00:00-08:00

Citation: 60 Fla. 465

Snippet: authority. Talton v. Mayes, 163 U. S. 376, text 382, 16 Sup. Ct. Rep. 986; Spies v. State of Illinois,