Florida Statute 382.016 - Full Text and Legal Analysis

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.

Cases Citing F.S. 382.016

Fla. Stat. § 382.016 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·Rice v. Dept. of Health & Rehabilitative, 386 So. 2d 844 (Fla. 1st DCA 1980).
Cited 37 times | Published | Florida 1st District Court of Appeal
Vital Statistics" advised appellants that Section 382.16(5)(a), Florida Statutes (1979),[2] requires
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Cited as authoritySchool Board of Hillsborough County v. Tampa School Development Corp. (2013)
CitedSantana v. Henry (2009)
phrase: "see"
CitedSantana v. Henry (2009)
phrase: "see"
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·Collinsworth v. O'CONNELL, 508 So. 2d 744 (Fla. 1st DCA 1987).
Cited 22 times | Published | Florida 1st District Court of Appeal | 56 U.S.L.W. 2042
accordance with the finding and order of the court." Section 382.16(5)(d), Florida Statutes. The latter provision
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Cited (see also)IN RE: THE NAME CHANGE OF Y.M.X., A MINOR vs (2023)
phrase: "see, e.g."
Cited as authorityHailey A. Neville, Mother v. Ryan A. McKibben, Father (2017)
Quote AuthorityAirsman v. Airsman (2015)
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·Levine v. Best, 595 So. 2d 278 (Fla. 3d DCA 1992).
Cited 14 times | Published | Florida 3rd District Court of Appeal | 1992 WL 48845
was born on June 24, 1986. In accordance with section 382.16(5)(d), Florida Statutes (1985), the child's
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Cited (see also)McKay v. Haikey (2003)
phrase: "see also"
CitedCoolidge v. Ulbrich (1999)
phrase: "see"
Cited (see also)Bardin v. State, Dept. of Revenue (1998)
phrase: "see also"
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·State, Com'n on Ethics v. Sullivan, 430 So. 2d 928 (Fla. 1st DCA 1983).
Cited 10 times | Published | Florida 1st District Court of Appeal
examination. In Rice, based on its reading of section 382.16(5)(a), HRS repeatedly refused to issue a birth
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Quote AuthorityKenneth Lindsey Mayfield v. State of Florida (2026)
phrase: "see also"
CitedVachon v. the Travelers Home and Marine Insurance Company (2025)
phrase: "see"
CitedMcAlpin v. Criminal Justice Standards & Training Commission (2014)
phrase: "see"
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·Smith v. Willis, 415 So. 2d 1331 (Fla. 1st DCA 1982).
Cited 6 times | Published | Florida 1st District Court of Appeal
a facial attack on the constitutionality of Section 382.16(5)(a), authorizing HRS to enter on a child's
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CitedSTATE, COM'N ON ETHICS v. Sullivan (1983)
phrase: "see"
CitedST. v. Falls Chase Spec. Taxing Dist. (1983)
phrase: "see"
Cited (see also)Key Haven Associated Enterprises, Inc. v. Bd. of Trustees of Internal Imp. Trust Fund (1982)
phrase: "see also"
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·Sydney v. Pingree, 564 F. Supp. 412 (S.D. Fla. 1983).
Cited 5 times | Published | District Court, S.D. Florida
determine the constitutionality of Florida Statute § 382.16(5). Because the plaintiffs allege that Sydney
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Cited as authorityDowling, aka: Berle (1998)
Cited as authorityBrill v. Hedges (1991)
Cited as authorityHenne v. Wright (1990)
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·Brenner v. Scott, 999 F. Supp. 2d 1278 (N.D. Fla. 2014).
Cited 2 times | Published | District Court, N.D. Florida | 2014 WL 4113100
...The official form includes a blank for listing the decedent’s spouse. The Department may change a death certificate’s marital information when the name of a “surviving spouse” is omitted or based on an order from “a court of competent jurisdiction.” Id. § 382.016(2)....
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Cited as authorityFLORIDA DECIDES HEALTHCARE INC v. BYRD (2025)
Cited as authorityHONEYFUND.COM INC v. DESANTIS (2022)
Cited as authorityCOURTHOUSE NEWS SERVICE v. FORMAN (2022)
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·Florida Dept. of Revenue v. MLS, 756 So. 2d 125 (Fla. 2d DCA 2000).
Cited 4 times | Published | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 1455, 2000 WL 192140
"legal father." See Privette, 617 So.2d at 307; § 382.16(5)(a), Fla. Stat. (1985). [9] Privette suggested
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Quote AuthorityP.G. v. E.W. (2011)
Cited as authoritySTATE, DEPT. OF REVENUE v. Ductant (2007)
Cited as authorityParker v. Parker (2007)
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·Robertson v. Pfister, 523 So. 2d 678 (Fla. 4th DCA 1988).
Cited 2 times | Published | Florida 4th District Court of Appeal | 1988 WL 23394
contrary to section 382.16, Florida Statutes (1985). The mother countered claiming that section 382.16 is unconstitutional
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Cited as authorityDowling, aka: Berle (1998)
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·Alice P. v. Miami Daily News, Inc., 440 So. 2d 1300 (Fla. Dist. Ct. App. 1983).
Cited 3 times | Published | District Court of Appeal of Florida | 9 Media L. Rep. (BNA) 2480
attendance during or immediately after the birth. See § 382.16, Fla. Stat. (1981). The fact that a midwife applicant
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·Oglesby v. Williams, 484 F. Supp. 865 (M.D. Fla. 1980).
Cited 2 times | Published | District Court, M.D. Florida | 1980 U.S. Dist. LEXIS 11471
complaint seeks a declaratory judgment that Florida Statute 382.16(5)(c) is unconstitutional. She also seeks
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·Atwell v. Sacred Heart Hosp. of Pensacola, 520 So. 2d 30 (Fla. 1988).
Cited 1 times | Published | Supreme Court of Florida | 13 Fla. L. Weekly 90, 1988 Fla. LEXIS 168, 1988 WL 10271
include the names, if known, of the parents, section 382.16, Florida Statutes (1985); and that birth certificates
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·In the Interest of A.J.R., 440 So. 2d 619 (Fla. Dist. Ct. App. 1983).
Published | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 24073
certificate as the father of the child. According to Section 382.16(5)(c) and (d), Florida Statutes (1981), the
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Morrison v. Longley, 434 So. 2d 1021 (Fla. Dist. Ct. App. 1983).
Published | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 21675
complaint and judgment will be so entered. Section 382.16(5)(c), Florida Statutes (1981), provides: If
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·Jones v. State Dep't of Health & Rehabilitative Servs., 409 So. 2d 1120 (Fla. Dist. Ct. App. 1982).
Published | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 19147
correct any error of a clerical nature. .. . ” Section 382.16(5), Florida Statutes (1979), however, provides
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Cases Citing F.S. 382.016

·Rice v. Dept. of Health & Rehabilitative, 386 So. 2d 844 (Fla. 1st DCA 1980).

·Collinsworth v. O'CONNELL, 508 So. 2d 744 (Fla. 1st DCA 1987).

·Levine v. Best, 595 So. 2d 278 (Fla. 3d DCA 1992).

·State, Com'n on Ethics v. Sullivan, 430 So. 2d 928 (Fla. 1st DCA 1983).

·Smith v. Willis, 415 So. 2d 1331 (Fla. 1st DCA 1982).

·Sydney v. Pingree, 564 F. Supp. 412 (S.D. Fla. 1983).

·Brenner v. Scott, 999 F. Supp. 2d 1278 (N.D. Fla. 2014).

·Florida Dept. of Revenue v. MLS, 756 So. 2d 125 (Fla. 2d DCA 2000).

·Robertson v. Pfister, 523 So. 2d 678 (Fla. 4th DCA 1988).

·Alice P. v. Miami Daily News, Inc., 440 So. 2d 1300 (Fla. Dist. Ct. App. 1983).

·Oglesby v. Williams, 484 F. Supp. 865 (M.D. Fla. 1980).

·Atwell v. Sacred Heart Hosp. of Pensacola, 520 So. 2d 30 (Fla. 1988).

·In the Interest of A.J.R., 440 So. 2d 619 (Fla. Dist. Ct. App. 1983).

Morrison v. Longley, 434 So. 2d 1021 (Fla. Dist. Ct. App. 1983).

·Jones v. State Dep't of Health & Rehabilitative Servs., 409 So. 2d 1120 (Fla. Dist. Ct. App. 1982).