Serving Flagler, Putnam, St. Johns and Volusia Counties

Serving Flagler, Putnam, St. Johns, and Volusia Counties

PB-2000-005-SC

IN THE CIRCUIT COURT OF FLORIDA, EVENTH JUDICIAL CIRCUIT IN AND FOR FLAGLER, PUTNAM, ST. JOHNS AND VOLUSIA COUNTIES

Re: RECORDING DEATH CERTIFICATES

Ref: PB-2000-005-SC

WHEREAS, pursuant to Section 382.008(6), Florida Statutes, the cause of death section of all death and fetal death records is confidential and exempt from the provisions of §119.07(1), Florida Statutes, except under limited circumstances, and

WHEREAS, Attorney General’s opinion 92-24, dated March 20, 1992, addressed to the attorney for the Clerk of the Circuit Court of Polk County states “Absent statutory authority or judicial direction, the clerk of court may not accept and record death certificates into the official public records”, and

WHEREAS, the practice of recording a certified copy of a death certificate has long been utilized in Florida for both probate and real property matters; in particular, the recording of a certified copy of the death certificate of the deceased title holder has been recognized as the method for terminating a life estate in real property, vesting title in a surviving spouse to real property held as tenants by the entireties or vesting title to real property in the co-owners of real property held as joint tenants with rights of survivorship;

NOW THEREFORE, I, ROBERT K. ROUSE, JR., Chief Judge of the Seventh Judicial Circuit, hereby order that the Clerks of the Circuit Court of the Seventh Judicial Circuit are hereby authorized and directed to record certified copies of death certificates which are presented for recordation. If the certified copy of the death certificate contains information deemed confidential under §382.008, Florida Statutes, the filing party or clerk shall conceal the cause-of-death section of the death certification prior to its recordation with a slip of paper stating “This section is deleted per F.S. 382.008”.

The Clerks of Court may refuse to record a certified copy of a death certificate if the information deemed confidential by §382.008, Florida Statutes, is not covered and concealed as required herein.

TO BE RECORDED in Flagler, Putnam, St. Johns and Volusia Counties.

DONE AND ORDERED at Daytona Beach, Volusia County, Florida this 4th day of October, 2000.

/s/ R.K. Rouse
Robert K. Rouse, Jr.
Chief Judge

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Serving Flagler, Putnam, St. Johns and Volusia Counties