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Florida Statute 382.0195 | Lawyer Caselaw & Research
F.S. 382.0195 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 382.0195

The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
Title XXIX
PUBLIC HEALTH
Chapter 382
VITAL STATISTICS
View Entire Chapter
F.S. 382.0195
382.0195 Court-issued delayed birth certificate.—
(1) In addition to the provisions of s. 382.019, any state resident or person born in this state who does not have a birth certificate may, at any time after birth, file a petition in the circuit court in the county of residence or in the alleged county of his or her birth, setting forth the date, place, and parentage of birth and petitioning the court to issue a delayed birth certificate. The petition must be on a form furnished by the department and must be accompanied by a certified statement from the state registrar of the alleged state of birth, stating that, based on the facts submitted by the petitioner, a birth certificate for the petitioner is not on file.
(2) Upon the filing of the petition, the court shall hold a hearing at which time such evidence may be presented as may be required by the court to establish the fact of the petitioner’s birth and the date, place, and parentage of his or her birth. However, a certificate may not be granted based solely on the uncorroborated testimony of the petitioner.
(3) If the evidence is sufficient, the court shall issue a delayed birth certificate on a form furnished by the department. Documentation submitted by the petitioner in support of the petition shall be recorded on the delayed birth certificate.
(4) The original and court copies of the delayed birth certificate issued by the court shall be distributed as follows:
(a) One copy shall be filed in the circuit court as a permanent record.
(b) If the birth occurred in this state, one copy shall be delivered to the petitioner and the original shall be mailed to the department by the clerk of the court within 10 days after the delayed certificate is issued by the court.
(c) If the birth occurred outside this state, the original certificate plus one copy shall be delivered to the petitioner by the court.
(5) A delayed birth certificate issued by a court pursuant to this section and registered with the department may not be amended except by court order.
History.—ss. 1, 5, 6, 10, ch. 21931, 1943; s. 1, ch. 22887, 1945; s. 24, ch. 63-559; ss. 19, 35, ch. 69-106; s. 7, ch. 73-299; s. 24, ch. 73-334; s. 118, ch. 77-147; s. 7, ch. 83-230; s. 16, ch. 87-387; s. 667, ch. 95-148; s. 101, ch. 97-237.
Note.—Consolidation of former ss. 382.40, 382.44, 382.45, 382.48; former s. 382.018.

F.S. 382.0195 on Google Scholar

F.S. 382.0195 on Casetext

Amendments to 382.0195


Arrestable Offenses / Crimes under Fla. Stat. 382.0195
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 382.0195.

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

  1. In re Amendments to the Fla. Rules of Civil Procedure

    344 So. 3d 940 (Fla. 2021)

    dissolution of marriage, annulment, delayed birth certificates pursuant to Florida Statutes section 382.0195, expedited affirmation of parental status pursuant to Florida Statutes section 742.16, termination

  2. In re Amendments to Fla. Family Law Rules of Procedure

    No. SC20-162 (Fla. Nov. 12, 2020)
    (L) Other Family Court - all matters involving time-sharing and/or parenting plans relating to minor child(ren), support unconnected with dissolution of marriage, annulment, delayed birth certificates pursuant to Florida Statutes section 382.0195, expedited affirmation of parental status pursuant to Florida Statutes section 742.16, termination of parental rights proceedings pursuant to Florida Statutes section 63.087, declaratory judgment actions related to premarital, marital, post-marital agreements, or other matters not included in the categories above.
    PAGE 112

  3. In re Amendments to the Fla. Family Law Rules of Procedure

    126 So. 3d 228 (Fla. 2013)
    (L) Other Family Court—all matters involving time-sharing and/or parenting plans relating to minor child(ren), support unconnected with dissolution of marriage, annulment, delayed birth certificates pursuant to Florida Statutes section 382.0195, expedited affirmation of parental status pursuant to Florida Statutes section 742.16, termination of parental rights proceedings pursuant to Florida Statutes section 63.087, declaratory judgment actions related to premarital, marital, post-marital agreements, or other matters not included in the categories above.
    PAGE 237

  4. In re Amendments to the Fla. Rules

    30 So. 3d 477 (Fla. 2009)   Cited 2 times
    (K) Other Family Court — all matters involving time-sharing and/or parenting plans relating to minor child(ren), support unconnected with dissolution of marriage, annulment, delayed birth certificates pursuant to Florida Statutes section 382.0195, expedited affirmation of parental status pursuant to Florida Statutes section 742.16, termination of parental rights proceedings pursuant to Florida Statutes section 63.087, declaratory judgment actions related to premarital, marital, post-marital agreements, or other matters not included in the categories above.
    PAGE 489

    Cases from cite.case.law:

    In AMENDMENTS TO FLORIDA FAMILY LAW RULES OF PROCEDURE, 126 So. 3d 228 (Fla. 2013)

    . . . dissolution of marriage, annulment, delayed birth certificates pursuant to Florida Statutes section 382.0195 . . .

    In AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE- MANAGEMENT OF CASES INVOLVING COMPLEX LITIGATION, 30 So. 3d 477 (Fla. 2009)

    . . . dissolution of marriage, annulment, delayed birth certificates pursuant to Florida Statutes section 382.0195 . . .