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Florida Statute 382.025 | Lawyer Caselaw & Research
F.S. 382.025 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 382.025

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. 382.025
382.025 Certified copies of vital records; confidentiality; research.—
(1) BIRTH RECORDS.—Except for birth records over 100 years old which are not under seal pursuant to court order, all birth records of this state shall be confidential and are exempt from the provisions of s. 119.07(1).
(a) Certified copies of the original birth certificate or a new or amended certificate, or affidavits thereof, are confidential and exempt from the provisions of s. 119.07(1) and, upon receipt of a request and payment of the fee prescribed in s. 382.0255, shall be issued only as authorized by the department and in the form prescribed by the department, and only:
1. To the registrant, if the registrant is of legal age, is a certified homeless youth, or is a minor who has had the disabilities of nonage removed under s. 743.01 or s. 743.015;
2. To the registrant’s parent or guardian or other legal representative;
3. Upon receipt of the registrant’s death certificate, to the registrant’s spouse or to the registrant’s child, grandchild, or sibling, if of legal age, or to the legal representative of any of such persons;
4. To any person if the birth record is over 100 years old and not under seal pursuant to court order;
5. To a law enforcement agency for official purposes;
6. To any agency of the state or the United States for official purposes upon approval of the department; or
7. Upon order of any court of competent jurisdiction.
(b) To protect the integrity of vital records and prevent the fraudulent use of the birth certificates of deceased persons, the department shall match birth and death certificates and post the fact of death to the appropriate birth certificate. Except for a commemorative birth certificate, any certification of a birth certificate of a deceased registrant shall be marked “deceased.” In the case of a commemorative birth certificate, such indication of death shall be made on the back of the certificate.
(c) The department shall issue, upon request and upon payment of an additional fee as prescribed under s. 382.0255, a commemorative birth certificate representing that the birth of the person named thereon is recorded in the office of the registrar. The certificate issued under this paragraph shall be in a form consistent with the need to protect the integrity of vital records but shall be suitable for display. It may bear the seal of the state printed thereon and may be signed by the Governor.
(2) OTHER RECORDS.—
(a) The department shall authorize the issuance of a certified copy of all or part of any marriage, dissolution of marriage, or death or fetal death certificate, excluding that portion which is confidential and exempt from the provisions of s. 119.07(1) as provided under s. 382.008, to any person requesting it upon receipt of a request and payment of the fee prescribed by this section. A certification of the death or fetal death certificate which includes the confidential portions shall be issued only:
1. To the registrant’s spouse or parent, or to the registrant’s child, grandchild, or sibling, if of legal age, or to any person who provides a will that has been executed pursuant to s. 732.502, insurance policy, or other document that demonstrates his or her interest in the estate of the registrant, or to any person who provides documentation that he or she is acting on behalf of any of them;
2. To any agency of the state or local government or the United States for official purposes upon approval of the department; or
3. Upon order of any court of competent jurisdiction.
(b) All portions of a certificate of death shall cease to be exempt from the provisions of s. 119.07(1) 50 years after the date of death.
(c) The department shall issue, upon request and upon payment of an additional fee prescribed by this section, a commemorative marriage license representing that the marriage of the persons named thereon is recorded in the office of the registrar. The certificate issued under this paragraph shall be in a form consistent with the need to protect the integrity of vital records but shall be suitable for display. It may bear the seal of the state printed thereon and may be signed by the Governor.
(3) RECORDS AND DATA DISTRIBUTION.—The department may issue vital records or data to:
(a) A federal agency, if the agency shares in the cost of collecting, processing, and transmitting such data and if the data is only used by the federal agency for statistical purposes or for other purposes specifically authorized by the department.
(b) An office of vital statistics for a jurisdiction outside this state, pursuant to an agreement with the department, when such records or other reports relate to residents of that jurisdiction or persons born in that jurisdiction. The agreement must require that the copies be used for statistical and administrative purposes only and must provide for the retention and disposition of such copies.
(c) Other governmental agencies upon such terms or conditions as may be prescribed by the department.
(d) A research entity, if the entity seeks the records or data pursuant to a research protocol approved by the department and maintains the records or data in accordance with the approved protocol and a purchase and data-use agreement with the department. The department may deny a request for records or data if the protocol provides for intrusive follow-back contacts, has not been approved by a human studies institutional review board, does not plan for the destruction of confidential records after the research is concluded, or does not have scientific merit. The agreement must restrict the release of any information which would permit the identification of persons found in vital statistics records, limit the use of the records or data to the approved research protocol, and prohibit any other use of the records or data.

Records or data issued under this subsection are exempt from the provisions of s. 119.07(1), and copies of records or data issued pursuant to this subsection remain the property of the department.

(4) CERTIFIED COPIES OF ORIGINAL CERTIFICATES.—Only the state registrar and local registrars are authorized to issue any certificate which purports to be a certified copy of an original certificate of live birth, death, or fetal death. Except as provided in this section, preparing or issuing certificates is exempt from the provisions of s. 119.07(1).
(5) RULES.—The department shall adopt and enforce all rules necessary for carrying out the provisions of this section.
History.—s. 21, ch. 6892, 1915; RGS 2091; CGL 3291; s. 18, ch. 25372, 1949; s. 66, ch. 26869, 1951; s. 1, ch. 63-151; s. 3, ch. 67-312; s. 3, ch. 67-520; ss. 19, 35, ch. 69-106; s. 1, ch. 71-26; s. 1, ch. 73-300; s. 108, ch. 73-333; s. 4, ch. 75-166; s. 115, ch. 77-147; s. 3, ch. 77-319; s. 5, ch. 83-230; s. 15, ch. 85-224; s. 104, ch. 86-220; ss. 22, 33, ch. 87-387; s. 7, ch. 88-303; s. 8, ch. 89-3; s. 8, ch. 90-347; ss. 2, 3, ch. 91-240; s. 3, ch. 93-42; s. 10, ch. 94-265; s. 10, ch. 96-215; s. 192, ch. 96-406; s. 106, ch. 97-237; s. 21, ch. 99-397; s. 28, ch. 2003-154; s. 3, ch. 2012-186.
Note.—Former s. 382.35.

F.S. 382.025 on Google Scholar

F.S. 382.025 on Casetext

Amendments to 382.025


Arrestable Offenses / Crimes under Fla. Stat. 382.025
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 382.025.

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. Dep't of Health v. Rehab. Ctr. At Hollywood Hills, LLC

    259 So. 3d 979 (Fla. Dist. Ct. App. 2018)   Cited 1 times
    The express terms of the final judgment (1) required the Department to produce death certificates in response to a future public records request from Hollywood Hills, and (2) permitted Hollywood Hills to request the records using the form required by the Vital Statistics Act, but listing only a date range and without including the names of the decedents. But nothing in the final judgment addressed whether any portions of the requested records were subject to review and redaction for confidential information or information made exempt from disclosure. Pursuant to several provisions of the Public Records Act and the Vital Statistics Act, the Department may not disclose information that is confidential or exempt from disclosure. § 382.025( 2), Fla. Stat. (2017). For example, pursuant to section 382.008(6), Florida Statutes, subject to certain exceptions not applicable here, the Department may not disclose the cause of death on a death certificate. Additionally, the Department must redact the social security number of the deceased pursuant to section 119.071(5)(a)6., Florida Statutes, and the home addresses, phone numbers, and dates of birth of certain governmental…

  2. In re Amendments to Fla. Rule of Judicial Admin. 2.420

    156 So. 3d 499 (Fla. 2015)
    (vi) Birth records and portions of death and fetal death records. §§ 382.008(6), 382.025(1), Fla. Stat.
    PAGE 501

  3. In re Amendments to Fla. Rule of Judicial Admin. 2.420

    124 So. 3d 819 (Fla. 2013)
    (vi) Birth (and death certificates, including court-issued delayed birth certificates records and portions of death and fetal death (certificates records.§§ 382.008(6), 382.025(1)(a), Fla. Stat.
    PAGE 827

  4. In re Amendments to Florida Rule

    68 So. 3d 228 (Fla. 2011)   Cited 5 times
    — Birth and death certificates, including court-issued delayed birth certificates and fetal death certificates. §§ 382.008(6), 382.025(1)(a), Fla. Stat.
    PAGE 232

  5. In re Amend. to Rule of Jud. Admin

    31 So. 3d 756 (Fla. 2010)   Cited 10 times
    ___ Birth and death certificates, including court-issued delayed birth certificates and fetal death certificates. §§ 382.008(6), 382.025(1)(a), Fla. Stat.
    PAGE 779

  6. Great South. Life Ins. v. Porcaro

    869 So. 2d 585 (Fla. Dist. Ct. App. 2004)   Cited 5 times
    We find there are material issues of fact that still remain to be resolved which preclude summary judgment. First, for purposes of this suit it is uncertain whether Mr. Porcaro is actually dead. Great Southern presented deposition evidence from which a jury could reasonably determine that Mr. Porcaro may have fled to avoid prosecution and, thus, still be alive. Furthermore, the probate court's ruling does not constitute prima facie evidence of Mr. Porcaro's death. While a death certificate obtained through probate proceedings provides some evidence of death, death certificates no longer have prima facie evidentiary value outside the context of probate proceedings. See Ch. 97-237, § 106, at 4169, Laws of Fla. (eliminating provision in section 382.025( 5), Florida Statutes, that provided for such prima facie evidentiary value in "all courts and cases"); Branca by Branca v. Sec. Beneficial Life Ins. Co., 773 F.2d 1158 (11th Cir. 1985) (holding section 731.103, Florida Statutes, providing for prima facie evidentiary value upon the presentation of enumerated evidence of death, applies only in probate proceedings). Therefore, the burden was on Mrs. Porcaro to establish her…

Cases from cite.case.law:

DEPARTMENT OF HEALTH, v. REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC,, 259 So. 3d 979 (Fla. App. Ct. 2018)

. . . . § 382.025(2), Fla. Stat. (2017). . . .

In FLORIDA RULE OF JUDICIAL ADMINISTRATION, 156 So. 3d 499 (Fla. 2015)

. . . . §§ 382.008(6), 382.025(1), Fla. Stat. . . .

In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION, 124 So. 3d 819 (Fla. 2013)

. . . . §§ 382.008(6), 382.025(l)(a), Fla. Stat. . . . death-eertifieates;-including-court issued delayed birth certificates and fetal donth-certificates.--§£-382-.008(6), 382.025 . . .

In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION, 68 So. 3d 228 (Fla. 2011)

. . . . §§ 382.008(6), 382.025(l)(a), Fla. . . .

In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION AND THE FLORIDA RULES OF APPELLATE PROCEDURE, 31 So. 3d 756 (Fla. 2010)

. . . . §§ 382,008(6), 382.025(l)(a), Fla. Stat. . . . certificates, including court-issued delayed birth certificates and fetal death certificates. §§ 382.008(6), 382.025 . . .

GREAT SOUTHERN LIFE INSURANCE CO. v. PORCARO, D., 869 So. 2d 585 (Fla. Dist. Ct. App. 2004)

. . . (eliminating provision in section 382.025(5), Florida Statutes, that provided for such prima facie evidentiary . . .