FLORIDA STATUTES 1959

Volume 2

TITLE XXVII PUBLIC HEALTH

CHAPTER 380

PUBLIC HEALTH, GENERALLY

380.01 Survey of state hospital facUlties; develop-ment commission.

380.01 Survey of state hospital facilities· development commission.- '

(1) The Florida development commission is hereby designated as the sole agency of the state to carry out the purposes of the federal hospital survey and construction act as amended.

(2) (a) The governor is authorized to ap­point a state advisory council which shall con­sist of seven members who are residents of ~lorida. Such council shall include representa­tives of nongovernment organizations or groups, and of state agencies, concerned with the operation, construction, or utilization of hospitals, including representatives of the con­sumers of hospital services selected from among persons familiar with the need for such services in urban or rural areas to consult with the Florida development co~mission in

carrying out the purposes of the federal hos­pital survey and construction act with amend­ments.

(b) The members of the advisory council shall be appointed for a term of four years or until their successors are appointed and quali­fied, except that the first appointments made after passage of this law -shall be for terms as follows: two members shall be appointed for a term of one year; two members shall be ap­pointed for a term of two years; two members shall be appointed for a term of three years, and one member shall be appointed for a term of four years.

(3) The governor is authorized to provide for carrying out such purposes in accordance with the standards prescribed by the surgeon general.

Hldor:r.-§1, ch, 22851, 19'6; §1, ch. 119-to1. Note: See preamble of 19§ act.

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Ch. 381 STATE BOARD OF HEALTH

CHAPTER 381

STATE BOARD OF HEALTH

381.011 Board, appointment, etc. 381.021 Board headquarters. 381.031 Duties and powers of the board. 381.041 State health officer. 381.051 Acting state health officer. 381.061 Duties of state health officer. 381.062 Eminent domain. 381.071 Regulations and ordinances superseded. 381.081 Presumptions. 381.091 Construction, rules and regulations. 381.101 Municipal regulations and ordinances. 381.111 Power to enforce. 381.121 Enforcement; city and county officers to

assist. 381.131 Board meetings. 381.141 Compensation, board members. 381.151 Per diem; traveling expenses; agents and

other employees. 381.171 Purchase, lease and sale of real property. 381.181 Expenditures. 381.191 Revolving fund. 381.201 Application for and acceptance of gifts or

grants. 381.211 Disposition of unsuitable equipment and

material. 381.221 Annual report. 381.231 Report of communicable diseases to board. 381.241 Quarantine regulations; commerce or

travel. 381.251 Pollution control; underground water,

lakes, etc. 381.252 Arthropod control laboratory; Indian

River county.

381.011 Board, appointment, etc.-The state board of health, referred to in this chapter as the board, shall be composed of five members appointed by the governor; two of whom shall be doctors of medicine, licensed to practice in Florida; one of whom shall be a dentist licensed to practice in Florida; one of whom shall be a pharmacist licensed to practice in Florida; and one shall be a discreet citizen of Florida (or a licensed practitioner, other than a doctor of medicine of one of the healing arts for the treatment of human ills). Each member before assuming his official duties shall take an of­ficial oath. Term of office shall be four years from date of appointment or until a successor is appointed and qualified, except unexpired terms, in which case the appointment shall be to the end of the unexpired term only. The board at each annual meeting shall elect its president who shall call and preside at all meetings.

Blstory.-Comp. §2, ch. 29834, 1955, provisions of this section formerly contained In §§381.01, 381.02, 381.04.

381.021 Board headquarters.-The head­quarters of the board shall be in Jacksonville.

Hlstory.-Comp. §2, ch. llll834, 1955, provisions of this section formerly contained In §381.03.

381.031 Duties and powers of the board.­(1) It shall be the duty of the board to: (a) Advise the state health officer in the

performance of his duties and to formulate general policies affecting the public health of the state;

(b) Supervise generally the enforcement of

381.253

381.261

381.271 381.281

381.291

381.311

381.321 381.331 381.341 381.351

381.361 381.371 381.381 381.401

381.411 381.422 381.432

381.442 381.452 381.462 381.472 381.482

Stream sanitation control and research facility.

Supervision; water supply and sewage disposal.

Approval of water. Water supply and disposal system; advis­

ory duty. Corrective orders; water and disposal sys­

tems. Regulations for municipal and county

sanitation. Laboratories. Analyses; human, animal bodies. Insulin; purchase, distribution. State health officer to assume control in

certain cases. Clinics; treatment of cancer. Cancer, educational program. Cancer patients; financial ald. Practitioners of healing art, registration

with lloard required. Penalties. Definitions; migrant labor camps. License required for establishment, main-

tenance or operation of migrant labor camp.

Application for license. Issuance of license. Revocation of license. Authority to issue regulations. Right of entry.

laws, rules and regulations relating to sanita­tion, control of communicable diseases among humans and from animals to humans quaran­tine and the general health of the sta'te;

(c) Cooperate with and accept assistance from the surgeon general of the United States public health service and other appropriate federal officials in the enforcement of quaran­tine regulations, and in the prevention and suppression of communicable diseases;

(d) Declare, enforce, modify, and abolish quarantine as the circumstances indicate;

(e) Provide for a thorough investigation and study of the frequency of occurrence, causes and modes of propagation and means of prevention, control and cure of diseases among humans, and from animals to humans, especially communicable diseases, epidemic and otherwise;

(f) Provide for the dissemination of infor­mation to the public relative to the prevention and control of communicable diseases among humans and from animals to humans and the promotion and protection of the physical and mental health of the people of the state by means of printed matter, radio, lectures, ex­hibits and other media;

(g) Adopt, promulgate, repeal and amend rules and regulations consistent with law regu­lating:

1. Control of communicable diseases; 2. Prevention and control of public health

nuisances; 3. Sanitary practices relating to drinking

water made accessible to the public; water-

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STATE BOARD OF HEALTH Ch. 3"81

sheds used for public water supplies; disposal of excreta, sewage or other wastes; the dis­posal of garbage and refuse; plumbing; rodent control; pollution of lakes, streams and other waters; drainage and filling in connection with the control of arthropods of public health im­portance; production, handling, processing, and sale of food products and drinks including milk, dairies and milk plants; canning plants. shellfish dealing and handling establishments, restaurants and all other places serving food and drink to the public; toilets and washrooms in all public places and places of employment; factories; trailer, tourist, recreation and other camps offering accommodations to the public; swimming pools and bathing places; state, county, municipal and private institutions serv­ing the public; jointly with the state board of education, public and privately owned schools; vehicles offering transportation to the public; all places used for the incarceration of pris­oners and inmates of state institutions for the mentally ill; and any other condition, place or establishment necessary for the control of com­municable diseases or the protection and safety (light and ventilation) of the public health.

4. Control of arthropods of public health importance.

5. Prescribe qualifications of operators of milk plants, water purification plants, sewage treatment plants and swimming pools;

6. Segregation, quarantine and control of all animals and birds having, or suspected of having, diseases communicable to man;

7. The pollution of the air where created on private property, in public places, by industrial waste disposal or sewage disposal or in any place or manner whatsoever.

8. Nursing homes; 9. Practice of midwifery; 10. Bedding inspection; 11. Disposal of dead bodies; 12. Execution of any other purpose or in­

tent of the laws enacted for the protection of the public health of Florida.

Regulations adopted under subparagraphs 2., 3., 4., 5., 7., and 10., of this subsection shall be called and known as the sanitary code of Florida.

(2) The board may maintain a mental health division or bureau which shall advise and assist local departments of health and edu­cation in the establishment of mental health services, particularly in connection with ma­ternal and child health conferences and in the schools of the state, and may conduct such other activities as may be required in the de­velopment of mental health services as related to public health.

(3) The board may issue, adopt, amend and repeal separate orders and rules consistent with

dangers to the public and private health of the state.

( 4) The board may commence and main­tain all proper and necessary actions and pro­ceedings for any or all of the following pur-poses:

(a) To enforce its rules and regulations. (b) 1. To make application for injunction

to the proper circuit court and the judge of said court shall have jurisdiction upon hear­ing and for cause shown to grant a temporary or permanent injunction or both restraining any person from violating or continuing to violate any of the provisions of this chapter or from failing or refusing to comply with the requirements of this chapter, such injunction to issue without bond; provided, however, no temporary injunction without bond shall be issued except after a hearing of which the respondent or respondents has or have been given not less than seven days prior notice, and no temporary injunction without bond, which shall limit or prevent operations of an industrial, manufacturing or processing plant shall be issued, unless at the hearing, it shall be made to appear by clear, certain and con­vincing evidence that irreparable injury will result to the public from the failure to issue the same.

2. In event of the issue of a temporary injunction or restraining order hereunder with­out bond, then this state, in event said injunc­tion or restraining order was improperly, erroneously or improvidently granted, shall be liable in damages and to the same extent as if said injunction or restraining order had been issued upon application of a private litigant in­~tead of a public litigant, and the state hereby waives its sovereign immunity and consents to be sued in any such case.

3. In addition to the authority granted by this law, the board may commence and maintain all proper and necessary actions and proceed­ings to enjoin and abate nuisances dangerous to the h·ealth of persons, fish and livestock.

(c) To compel the performance of any act specifically required of any person, officer or board by any law of this state relating to public health.

(d) To protect and preserve the public health.

(e) It may defend all actions and proceed­ings involving its powers and duties.

(5) It is the intent of this section that the board shall be a policy-making body and that the above duties, policies, rules and regulations of the board shall be carried out by and through the executive secretary and state health officer.

Blstor:r.-Comp. §2, ch. 29834, 1955, provisions of section partially contained In former §§381.15-381.17, 381.35, 381.36, 381.441, 381.49-381.52, 381.55; . (4) (b) by §§1-3, ch. 57-787.

law to meet any emergency not provided by 381.041 State health officer.-The governor the general rules and regulations for the pur- shall appoint a state health officer who shall pose of suppressing nuisances dangerous to be a graduate physician of a recognized and public health, communicable diseases and other reputable medical college and whO" shall hold

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Ch. 381 STATE BOARD OF HEALTH

a certificate from the state board of medical examiners that he is qualified to practice medi­cine in Florida. Said state health officer shall be an expert in administrative public health work, in hygiene and sanitary science and in the diagnosis of communicable diseases. He shall hold said office for a term of four years, from effective date of appointment, and any vacancy shall be filled by appointment for the unex­pired term. He shall take an official oath be­fore entering upon his duties and shall give bond in an amount to be approved by the state comptroller. His salary shall be as provided by the legislature in the general appropria­tions act and when traveling on state business he shall receive traveling expenses as provided by law.

Hlstory.-Comp. f2, oh. 29834, 1955, provisions of thla aeetton formerly contained In 11381.04, 381.09, 381.10. cf.-§ 112.081 Travel expenses of state officers and employees.

381.051 Acting state health officer.-(1) Whenever the state health officer is ab­

sent from his office for any period of time not to exceed thirty days on official business, va­cation or due to illness and deems it necessary for the proper functioning of his office, he shall designate a member of the medical staff of the board as acting state health officer.

(2) When the state health officer is absent from his office for a period of time exceeding thirty days on official business, vacation er due to illness the board shall designate a member of the medical staff of the board to perform the duties of the office until the return of the state health officer or the office is declared vacant and a successor is appointed by the governor.

Hlator:r.-Comp. §2, ch. 29834, 1955.

381.061 Duties of state health officer.-The state health officer shall be the executive sec­retary and chief administrative officer of the board, responsible for carrying out the direc­tives of and policies adopted by the board. It shall be his duty to:

(1) Act as state registrar of vital statistics; (2) Attend and maintain the minutes of all

meetings of the board, which minutes shall contain the decisions, policies, rules and regu­lations adopted, and all other official actions of the board and shall constitute his authority for administering the policies and directives of the board;

(3) Administer and enforce laws, enforce rules and regulations relating to sanitation, control of communicable diseases in humans and from animals to humans, and the general health of the people of Florida;

(4) Supervise and cooperate with munici­pal and county officials and employees in en­forcing the state health laws, rules and regu­lations promulgated by the board and consistent with local health regulations and ordinances;

(5) Cooperate with and assist federal health officers in the enforcement of public health laws and regulations;

(6) Declare, enforce, modify and abolish

quarantine as the circumstances may indicate; (7) Cooperate with other appropriate state,

county, municipal, and private boards, depart­ments or organizations for the improvement and preservation of the public health;

(8) Subject to the approval of the board and within available appropriations appoint bureau and division heads; and to appoint other agents or employees of the board subject to available appropriations;

(9) Prepare annually for the approval of the board and presentation to the budget com­mission a budget of expenditures anticipated to be made by the board during the succeeding year.

(10) Prepare and submit to the board for consideration proposed sanitary and public health rules and regulations and legislation.

(11) Observe diligently the sanitary and public health conditions throughout the state and take necessary precautions to protect it in its sanitary and public health relations with other states and countries.

(12) Perform any other duties prescribed by the law or directed by the board.

Blstory.-Comp. f2, ch. 29834, 1955, provisions of thla section partially contained In former fl381.05, 381.17, 381.19.

381.062 Eminent domain.- Whenever the state board of health shall find it necessary to acquire private property for the use of said board and to be occupied by said board, the said board is empowered to exercise the power of eminent domain and to proceed to condemn said property in the manner provided by chap­ter 73.

Blstor:r.-Comp. §1, ch. 57-232.

381.071 Regulations and ordinances super­seded.-The provisions of the rules and regu­lations adopted and promulgated by the board under the provisions of this chapter shall, as to matters of public health, supersede all regu­lations enacted by other state departments, boards or commissions, or ordinances and regu­lations enacted by municipalities; provided, no provision of this chapter shall be construed as altering or superseding any of the provisions set forth in chapters 502 and 503, or any rule or regulation adopted under the authority of said chapters.

Hlatory.-Comp. f2, ch. 29834, 1955, provisions of thla section formerly contained In 1381.53.

381.081 Presumptions.-The authority, ac­tion and proceedings of the board and the state health officer and other agents of the board in enforcing the rules and regulations adopted by the board under the provisions of this chapter shall be regarded as judicial in nature and treated as prima facie just and legal.

Bistor:r.-Comp. §2, ch. 29834, 1955, provisions of this section formerly contained In §381.54.

381.091 Construction, rules and regulations. -Nothing contained in the rules and regula­tions adopted by the board under the provisions of this chapter shall be construed as limiting

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STATE BOARD OF HEALTH Ch. 381

any duty or power of the board provided by the statute laws of Florida.

Hlatory.-Comp. §2, ch. 29834, 1955, provisions of this section formerly contained in f381 .57.

381.101 Municipal regulations and ordi­nances.-Any municipality may enact, in man­ner prescribed by law, health regulations and ordinances not inconsistent with state public health laws and rules and regulations adopted by the board.

Hlstory.-Comp. §2, ch. 29834, 1955, provl.slons of this section formerly contained In 1381.53, 381.56.

381.111 Power to enforce.-Any member of the board or any officer or agent of the board designated for the purpose may enforce any of the provisions of this chapter or any rule and regulation promulgated by the board un­der the provisions of this chapter. If necessary he may appear before any magistrate empow­ered to issue warrants in criminal cases and request the issuance of a warrant and said magistrate shall issue a warrant directed to any sheriff, deputy, constable or police officer to assist in any way to carry out the purpose and intent of this chapter.

Hlatory.-Comp. §2, ch. 2983<1, 11155, provisions of thla section formerly contained in §381.19.

381.121 Enforcement; city and county offi­cers to assist.-It shall be the duty of every state and county attorney, sheriff, constable, police officer and other appropriate city and county officials upon request to assist the state health officer or any other agent of the board in the enforcement of the state health laws and the rules and regulations promulgated by the board under the provisions of this chapter.

Blotory.-Comp. §2, ch. 29834, 1955, provisions of thla section formerly contained in 1381.17.

381.131 Board meetings.-Meetings of the board shall be held each year on the second Tuesday of February and other meetings may be called by the president of the board or the governor.

Hlstory.-Comp. §2, ch. 29834, 1955, provisions of this section formerly contained In 1§381.08-381.08.

381.141 Compensation, board members.­When attending official meetings board mem­bers shall receive twenty-five dollars per day and traveling expenses as provided by law.

Hlriory.-Comp. f2, ch. 2983<1, 1955, provisions for compensa­tion of board members formerlY contained in 1381.09; tf.-§112.081 Travel expenses of state officials and employees.

381.151 Per diem; traveling expenses; agents and other employees.-Agents and em­ployees of the board when traveling on state business shall be allowed per diem and travel­ing expenses as provided by law.

Blstory.-Comp. §2, ch. 29834o, 1955, provisions of this section formerly contained In 1§381.09, 381.82. cf.-§112.061 Travel expenses of state officials and employeea.

381.171 Purchase, lease and sale of real property.-

use and benefit of the board, subject to avail­able appropriations therefor, when the acqui­sition is necessary to the efficient accomplish­ment of the purposes of this chapter.

(2) The board may sell, lease or convey in the name of the state for the use and benefit of the board, any land and buildings owned by the state for the use and benefit of the board which lands and buildings are no longer neces­sary for carrying out the purposes of this chapter.

(3) Title is confirmed in the board to any real estate which has heretofore been conveyed or attempted to be conveyed to the board.

Hlstory.-Comp. §2, ch. 29834, 1955, provisions of sub f (3) of this section formerly contained in f381.71.

381.181 Expenditures. - All expenditures shall be certified by the state health officer and disbursement made by the state comptroller by warrant on the state treasurer except as other­wise provided in this chapter.

Hlstory.-Comp. §2, ch. 29834, 1955, provisions of thla aectlon formerly contained in §§381.11, 381.13.

381.191 Revolving fund.-Subject to ap­proval of the state budget commission there shall be established under the supervision of the state comptroller from moneys appropri­ated for board expense a revolving fund in the amount of two thousand five hundred dollars to be used to defray current incidental ex­penses. Reimbursement shall be made only upon submission of written vouchers certified by the state health officer and presented to the state comptroller, audited and approved by him.

Hlstory.-Comp. §2, ch. 29834, 1955, provisions of thla section formerly contained In §381.14. cf.-§18.101 Revolving funds authorized.

381.201 Application for and acceptance of gifts or grants.-The board may apply for and accept any funds, grants, gifts or services made available to it by any agency or depart­ment of the federal government or any other agency or private individual in aid of any pres­ent or future health program undertaken, main­tained or proposed. All moneys received under the provision of this section shall be deposited in the state treasury and shall be disbursed in the same manner as other funds of the board.

Hlstory.-Comp. §2, ch. 29834, 1955, provisions of this section formerly contained in f381.181.

381.211 Disposition of unsuitable equipment and material.-The board may exchange, sell or otherwise dispose of any obsolete, wornout or unsuitable material or equipment which it owns when it deems such disposition to be to the financial benefit of the state. The proceeds from such disposition shall be submitted for deposit in the state treasury accompanied by an itemized report of disposition made.

Bldory.-Comp. §2, ch. 29834, 1955, provisions of this section .formerly contained in §381.42. cf.-§18.101 Deposit of public money by boards not located In Tallahassee.

§118.01 Payment of public funds Into treasury.

(!) The board may purchase, lease or other- 381.221 Annual report.-The state health wise acquire land and buildings and take a officer shall file with the governor an annual deed thereto in the name of the state, for the report of the activities and expenditures of the

1693

Ch. 381 STATE BOARD OF HEALTH

board and recommendations for improving the sanitation of the state and the health of its people, and this annual report shall be pub­lished like other reports of state officers.

Hlstory.-Comp. §2, ch. 29834, 19ti5, provisions of this section formerly contained In f381 .11.

381.231 Report of communicable diseases to board.-

(1) Any attending practitioner, licensed in Florida to practice medicine, osteopathic medi­cine chiropractic, naturopathy or veterinary medicine, who diagnoses or suspects the exist­ence of a disease communicable among humans or from animals to humans shall immediately report the fact to the board.

(2) Periodically the board shall issue a list of diseases determined by it to be communicable within the meaning of this chapter and shall furnish a copy of said list to the practitioners listed in subsection (1).

(3) Reports required by this section shall be made on forms furnished by the board.

( 4) Information submitted in reports re­quired by this section is confidential and shall be made public only when necessary to public health. No report so submitted shall be con­sidered a violation of the confidential relation­ship between practitioner and patient.

Wstory .-Comp. § 2, ch. 29834, 1955, provisions of thla section formerly contained In §381.301.

381.241 Quarantine regulations; commerce or travel.-N o health regulation which restricts travel or trade within the state shall be pro­mulgated or enforced in this state except by authority of the board.

Wstory.-Comp. §2, ch. 29834, 1955, provisions of this section formerly contained In §381.31.

381.251 Pollution control; underground wa­ter, lakes, etc.-The board and its agents shall have general control and supervision over un­derground water, lakes, rivers, streams, canals, ditches and coast al waters under the jurisdic­tion of the state insofar as their pollution may affect the public health or impair the interest of the public or persons lawfully using them.

Hlstory.-Comp. §2, ch. 29834, 1955, provisions of thla section formerly contained In §381.4!3.

381.252 Arthropod control laboratory; In­dian River county.-

(1) The state board of health shall con­st ruct, equip and maintain a separate building in Indian River county to test resistance in mosquitoes and other arthropods and carry out experimental work with chemicals, insecticides and other substances.

(2) For the purpose set out in subsection (1), the sum of forty thousand dollars is ap­propriated to the state board of health out of the general revenue fund. Any funds available from the federal government shall also be used according to law in the construction, equipping and operation of said building.

Wstory.-Comp. §§1, 2, ch. 57-234.

381.253 Stream sanitation control and re­search facility.-

(!) The Florida state board of health is hereby authorized to construct at a suitable location in central Florida a stream sanitation control and research facility to include chemi­cal, biological and entomological laboratories and offices adequate to house the existing blind mosquito research project, and a stream pollution control staff to serve central Florida.

(2) A sum of seventy-five thousand dollars or such part thereof as may be required is ap­propriated from the general revenue fund to the state board of health for the purpose of paying the cost of site acquisition, building construc­tion, furnishings and equipment required to carry out the provisions of this section.

Wstory.-Comp. lf1, 2, ch. 57-732.

381.261 Supervision; water supply and sew­age disposaL-The board and its agents shall have general supervision and control over all systems of water supply, sewerage, refuse and sewage treatment in the state insofar as their adequacy, sanitary and physical conditions af­fect the public health.

Hlstory.-Comp. §2, ch. 29834, 1955, provisions of thJs section formerly contained In §381.43.

381.271 Approval of water.-No county, mu­nicipality, person, persons, firm, corporation, company, public or private institution or com­munity of more than twenty-five inhabitants shall install a system of water supply, sewer­age, refuse or sewage disposal, or materially alter or extend any existing system until com­plete plans and specifications for the installa­tion, alterations or extensions, together with such other information as the board may re­quire have been submitted and approved by the board. The board may further make and enforce such specific rules and regulations re­garding the submission of plans for approval and record as it deems reasonable and proper to carry out the provisions of this section.

Hlstory.-Comp. §2, ch. 29834, 1955, provisions of this section formerly contained In §381.44.

381.281 Water supply and disposal system; advisory duty.-The board shall consult with and advise any county or municipal authority or any other person as to the source of water supply, methods of water purification, and dis­posal of drainage, sewage or refuse. It shall also advise and consult with any manufacturer or other person conducting a business or in­tending to conduct a business whose sewage, waste or waste products may tend to pollute the waters of this state. The board may con­duct experiments relating to purification of water and treatment of sewage, waste or refuse.

Hlstory.-Comp. §2, ch. 29834, 1955, provisions of thla section formerly contained In §381.45.

381.291 Corrective orders; water and dis­posal systems.-When the board or its agents, through investigation, find that any system of water supply, sewerage, refuse or sewage dis­posal constitutes a nuisance or menace to the

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STATE BOARD OF HEALTH Ch. 381

public health, it may issue an order requiring the owner to correct the improper condition.

Hlstory.-Comp. §2, ch. 29834, 1955, provisions of this section formerly contained In §381.46.

381.311 Regulations for municipal and coun­ty sanitation.-The board shall supervise and regulate municipal and county sanitation and shall exercise general supervision over the work of local health authorities. Local health offi­cials and other appropriate local officials con­currently with the board shall enforce the pro­visions of the state sanitary code and other public health rules and regulations and of such local ordinances and sanitary regulations as may be consistent with it.

Hlstory.-Comp. §2, eh. 29834, 1955, provisions of this section formerly contained In §381.56.

381.321 Laboratories.-The board may es­tablish and maintain in suitable and convenient places in the state laboratories for microbio­logical and chemical analyses and any other purposes it determines necessary for the pro­tection of the public health.

mstory.-Comp. §2, ch. 29834, 1955.

381.331 Analyses; human, animal bodies.­The state health officer shall have an analysis made of any part of the contents of the human body submitted by any Florida physician, state attorney, solicitor of criminal court or sheriff; or of any part of the contents of the body of any animal submitted by any agent of the state livestock board, any licensed Florida veteri­narian or sheriff to determine whether they may contain any foreign matter or poisonous drugs and shall furnish a certificate as to the results of the analysis to the person requesting the analysis.

Hlstory.-Comp. §2, ch. 2983,, 1955, provisions of this section formerly contained In §§381.60, 381.61.

381.341 Insulin; purchase, distribution.­The board shall purchase and distribute in­sulin through its agents or · other appropriate agent of the state or federal government in any county or municipality in the state to any bona fide resident of Florida suffering from dia­bet.es or kindred disease requiring insulin in its tre.atmen't who makes application for, and furnishes proof of his financial inability to pur­chase in accordance with t~e rules. and. regu­lations promulg·f+ted by the . board concerning the distribution of iJ1sulin. . '' . .

Histpry.-Comp. §2, ~h. 29834, 1955, provisions of this section formerly cop.tained In §§ 381.63, 381.S.. ·

the general appropriations act on vouchers ap­proved as provided by this chapter.

H!story.-Comp. §2, ch. 29834, 1955, provisions of this section formerly contained In §381.29.

381.361 Clinics; treatment of cancer.-The board shall formulate a plan for the care and treatment of persons suffering from cancer and establish and designate standard require­ments for the organization, equipment and con­duct of cancer units or departments in hospi­tals and clinics in Florida. The designations of cancer units shall follow a survey of the needs and facilities for treatment of cancer in the various localities throughout the state.

H!story.-Comp. §2, ch. 29834, 1955, provisions of this section formerly contained In §381.68.

381.371 Cancer, educational program.-The board shall formulate and put into effect a continuing educational program for the pre­vention of cancer and its early diagnosis, and disseminate information concerning its proper treatment to hospitals, cancer patients and the public.

History.-Comp. §2, ch. 29834, 1955, provisions of this aect!oJl formerly contained In §381.69.

381.381 Cancer patients; financial aid.­The board shall make rules and regulations specifying to what extent and on what terms and conditions cancer patients of the state may receive financial aid for the diagnosis and treatment of cancer in any hospital or clinic selected. The board may furnish financial aid to citizens of Florida afflicted with cancer to the extent of the appropriation provided for that purpose in a manner which in its opinion will afford the greatest benefit to those af­flicted and make arrangements with hospitals, laboratories or clinics to afford proper care and treatment for cancer patients in Florida.

History.-Comp. §2, ch. 29834, 1955, provisions of this section formerly contained m §381. 70.

381.401 Practitioners of healing art, regis­tration with board required.-

(!) Every person now lawfully engaged in the practice of the healing art, except optom­etry, as hereinafter defined, and every person hereafter duly licensed to practice shall, on or before January 1 of each year, apply to the secretary of the state bo~~ord of health for a certificate of registration upon a blank form to be furnished by such secretary, and shall at such time pay a fee of one . dollar. The first ap­plication of registration under this law shall be within sixty days after the issuance of . the

381.351 State health officer to assume con- license, and shall be in writing and 'under oath trol ' in certain cases.-Whenever the ·'state that the information therein is true and correct. health officer investigates any suspicious case Th.e applicant shall furnish the secnitiuy o:f or cases of disease and determines the · disease the state board of health, on a form furnished is contagious or infectious and a menace to by such secretary,· his full riame, po.st office public health, he and his agents shall assume .and resident address, the date and number of qharge and management, '!md all necessary and his license, colle,ge or school from which he legitimate expenses attendant upon the case gradu'ated, and the date . of such graduation and or cas'es o~ d,isease after charge and manage- such . application shall be duly executed and ment has be~n as.sumed by the state health of- verified, before an officer authorized to take ficer and his agents may be· paid out of funds acknpwledgments,. and filed with , the secre~ appropriated to the bodrd Iinder provisions .of tary of said board. Registration subsequent to

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Ch. 381 STATE BOARD OF HEALTH

the first registration need not be upon sworn application. The secretary of the state board of health, on or before October 1 of each year after the first registration, shall mail or cause to be mailed to each resident practitioner of the healing art, a blank form of application for registration, addressed to the last known post office address of such practitioner. The form of such application shall be the same for all branches of the healing art and shall require the same information from each practitioner thereof. The secretary of the state board of health shall issue to any duly licensed prac­titioner of the healing art in this state, upon his application therefor, a certificate of regis­tration under the seal of the state for the year ensuing and ending December 31. Each licensed practitioner shall conspicuously display his proper registration certificate in his office at all times.

(2) For the purpose of this section, the healing art includes any system, treatment, op­eration, diagnosis, pre11cription, or practice for the ascertainment, cure, relief, palliation, ad­justment or correction of any human disease, ailment, deformity, injury, or unhealthy or ab­normal physical or mental condition; and a practitioner of the healing art includes every person licensed to practice: Medicine pursuant to chapter 458; osteopathic medicine pursuant to chapter 459; chiropractic pursuant to chap­ter 460; chiropody pursuant to chapter 461; natureopathy and naturopathy pursuant to chapter 462. The provisions of this section shall not be construed as applying to those practicing the religious tenets of any well recognized church.

(3) Any person or persons violating the pro­visions of this section shall be guilty of a mis­demeanor and upon conviction thereof shall be punished by a fine of not more than $100.00, or by imprisonment in the county jail for not more than sixty days, or by both such fine and imprisonment.

Blstorr.-Comp. 111-3, ch. 28852, 1855.

381.411 Penalties.-(!) Any person who violates any of the

provisions of this chapter, any quarantine or any rule or regulation promulgated by the board under the provisions of this chapter is guilty of a misdemeanor and subject to be pun­ished by imprisonment not exceeding six months or by fine not exceeding $1,000.00.

(2) Any person who interferes with, hin­ders or opposes any agent, officer, or member of the board in the discharge of his duties is guilty of a misdemeanor and subject to be pun­ished by imprisonment not exceeding six months or by fine not exceeding $1,000.00.

(3) Any person who maliciously dissemi­nates any false rumor or report concerning the existence of any infectious or contagious dis­ease is guilty of a misdemeanor and subject to be punished by imprisonment not exceeding six months or by fine not exceeding $1,000.00.

( 4) Any person who makes fraudulent ap-

plication for and obtains insulin under the pro­visions of this chapter is guilty of a misde­meanor and subject to punishment as provided by law.

Blstorr.-Comp. §2, ch. 29834, 1965, provisions of this section formerly contained In 1§381.18, 381.20, 381.21, 381.47, 381.G8, 381.59, 381.66.

381.422 Definitions; migrant labor camps.­The following words and phrases shall mean:

(1) "Migrant labor camp."-One or more buildings or structures, tents, trailers, or ve­hicles, together with the land appertaining thereto, established, operated or used as living quarters for fifteen or more seasonal, tempor­ary or migrant workers whether or not rent is paid or reserved in connection with the use or occupancy of such premises, provided however, this definition shall not apply to forestry or to­bacco farm operation.

(2) "Board."-The state board of health. Blstorr.-§1, ch. 59-476.

381.432 License required for establishment, maintenance or operation of migrant labor camp.-No person shall establish, maintain or operate any migrant labor camp in this state without first obtaining a license therefor from the board and unless such license is posted and kept posted in the camp to which it applies at all times during maintenance or operation of the camp.

His torr .-§2, ch. 59-478.

381.442 Application for license.-Applica­tion for a license to establish, operate or main­tain a migrant labor camp shall be made to the board in writing and on a form and under regulations prescribed by the board. The ap­plication shall state the location of the existing or proposed migrant labor camp, the approxi­mate number of persons to be accommodated, the probable duration of use and any other information the board may require.

Blstorr .-§ 3, ch. Gll-478.

381.452 Issuance of license.-lf the state health officer is satisfied, after causing an in­spection to be made, that the camp meets the minimum standards of construction, sanitation, equipment and operation required by regula­tions issued under §381.472, he shall issue in the name of the board the necessary license in writing on a form to be prescribed by the board. The license, unless sooner revoked, shall expire on June 30 next after the date of is­suance unless renewed, and it shall not be transferable. All applications for renewal shall be filed with the state health officer thirty days prior to its expiration on form blanks furnished by the board.

Blotorr .-§4, ch. GS-478.

381.462 Revocation of license."-The state health officer may revoke a license authorizing the operation of a migrant labor camp if he finds the holder has failed to comply with any provision of this law or of any regulation or order issued hereunier.

Bldorr.-15, ch. GS-4711.

1696

STATE BOARD OF HEALTH Ch. 381

381.472 Authority to issue regulations.-The board shall make, promulgate and repeal such rules and regulations as it may determine to be necessary to protect the health and safety of persons living in migrant labor camps, pre­scribing standards for living quarters at such camps, including provisions relating to con­struction of camps, sanitary conditions, light, air, safety, protection from fire hazards, equip­ment, maintenance and operation of the camp and such other matters as it may determine to be appropriate or necessary for the protec­tion of the life and health of occupants. Regu­lations adopted hereunder shall be a part of the sanitary code of Florida created by §381.031 (1) (g) 12. and may be enforced in

the manner provided in §381.031 ( 4), and vio­lations thereof shall be subject to the penalties provided in §381.411.

mstory.-§6, ch. 59-476.

381.482 Right of entry.-The board and/or its inspectors may enter and inspect migrant labor camps at reasonable hours and investi­gate such facts, conditions, and practices or matters, as may be necessary or appropriate to determine whether any person has violated any provisions of this law or rules and regula­tions of the board pertaining hereto are being violated. The board may from time to time at its discretion publish the reports of such in­spections in its monthly bulletin.

Blatory.-§7, ch. 119-478.

1697

Ch. 382 BUREAU OF VITAL STATISTICS

CHAPTER 382

BUREAU OF VITAL STATISTICS

382.<Jl Registration of vital statistics. 382.02 Central bureau; clerical assistance; com­

pensation. 382.03 Registration districts established. 382.04 Appointment of local registrars; terms of

office; vacancies; penalty. 382.05 Deputy registrars; sub-registrars. 382.06 Burial or removal permit required. 382.07 "Stillborn" child to be registered. 382.08 Death certificate. 382.09 Medical certificate. 382.10 Where death occurs without medical at-

tendance. 382.11 Duty of undertaker. 382.12 Casket dealers to make monthly reports. 382.13 Form of burial or removal permit. 382.14 Interment prohibited without burial per-

mit; records of bodies interred. 382.15 All births to be registered. 382.16 Certificate of birth. 382.17 Birth certificates; form; information to be

recorded. 382.18 Certificate of birth to show given name of

child. 382.19 Filing of certificates of birth, death, or

stillbirth in cases where none was filed at time of birth, death or stillbirth.

382.20 State registrar may withhold filing of birth, death, or stillbirth certificates until proof is filed; certificates prima facie evidence.

382.21 New or amended certificates of birth; duty of clerks of court, and state registrar.

382.22 Substitution of new certificate of birth for original.

382.23 Bureau of vital statistics to receive mar­riage licenses.

382.24 County judges to transmit marriage li­cense fees monthly.

382.25 Clerks of circuit courts to furnish bureau of vital statistics with record of divorces granted; fees.

382.01 Registration of vital statistics.­The state board of health shall have charge of the registration of vital statistics; shall furnish forms and blanks for obtaining and preserving such records and shall procure the faithful registration of the same in each pri­mary registration district as constituted in §382.03 and in the central bureau of vital sta­tistics at the office of the state board of health. The said board shall be charged with the uni­form and thorough enforcement of the law throughout the state and shall from time to time recommend any additional legislation that may be necessary for this purpose.

History.-§1, ch. 6892, 1915; RGS 2068; CGL 3268. Am. §1, ch. 25372. 1949.

382.02 Central bureau; clerical assistance; compensation. - The central bureau of vital statistics, which is authorized to be estab­lished by said board, shall be under the imme­diate direction of the state health officer, who shall be, by virtue of his office, state registrar of vital statistics. The state board of health shall provide for such clerical and other as­sistants as may be necessary for the purposes of this chapter, and shall fix the compensation of persons thus employed, and shall provide

382.26 Bureau of vital statistics to compile and preserve records of marriages and di­vorces.

382.28 Bureau to prescribe and furnish marriage license forms.

382.29 Bureau to keep accurate accounts and transmit funds monthly to state treas­urer.

382.30 Physicians, midwives, sextons, retail casket dealers and undertakers must register; local registrars to make annual reports.

382.31 Hospitals and almshouses required to keep records.

382.32 State registrar to supply forms; duties. 382.321 State board of health to destroy certain

index cards. 382.33 Duties of local registrar. 382.34 Fees of local registrar. 382.35 Disclosure of information, certified copies of

birth certificates, birth cards, weight of copies as evidence, searches of records; fees; disposition of fees.

382.36 Local registrars charged with enforcing law. 382.37 State registrar charged with executing law. 382.38 State board of health rules. 382.39 Penalties. 382.40 Delayed birth certificates; jurisdiction of

county judge; procedure and issuance. 382.41 Same; petition, contents. 382.42 Same; petition, execution. 382.43 Same; form of certificate. 382.44 Same; judgment a public record. 382.45 Same; appeals. 382.46 Same; costs. 382.47 Same; certified copies. 382.48 Same; remedy cumulative. 382.49 Correction of birth certificates. 382.50 Microfilming and destroying obsolete cor­

respondence and records.

for the bureau of vital statistics suitable offices, which shall be properly equipped with fireproof vault and filing cases for the permanent and safe preservation of all official records made and returned under this chapter.

Hlstory.-§2, ch. 6892, 1915; RGS 2069; CGL 3269.

382.03 Registration districts established.­For the purposes of this chapter the state shall be divided into registration districts as fol­lows : Each city and each incorporated town sha ll constitute a primary registration district; and for that portion of each county outside of the cities and incorporated towns therein the state registrar shall define and designate the boundaries of a sufficient number of rural reg­istration districts, which districts he may change, divide or combine from time to time as may be necessary to insure the convenience and completeness of registration.

Hlstory.-§3, ch. 6892, 1915; RGS 2070; CGL 3270.

382.04 Appointment of local registrars; terms of office; vacancies; penalty.-The state registrar shall appoint a local registrar of vital statistics for each registration district in the state. The term of office of each local registrar so appointed shall be four years, and until his

1698

BUREAU OF VITAL STATISTICS Ch. 382

successor has been appointed and has quali­fied, unless such office shall sooner become va­cant by death, disqualification, operation of law, or other causes; provided, that in incor­porated towns or cities where health officers or other officials are, in the judgment of the state registrar, conducting , effective registra· tion of births and deaths under local ordin­ances, such officials may be appointed as reg­istrars in and for such incorporated towns or cities, and shall be subject to the instructions of the state registrar, and to all of the provi­sions of this chapter. Any vacancy occurring in the office of local registrar of vital statistics shall be filled for the unexpired term by the state registrar. At least ten days before the expiration of the term of office of any such lo­cal registrar, his successor shall be appointed by the state registrar.

Any local registrar who, in the judgment of the state registrar, fails or neglects to dis­charge efficiently the duties of his office as set forth in this chapter, or to make prompt and complete returns of births and deaths as re­quired thereby, shall be forthwith removed by the state registrar, and such other penalties may be imposed as are provided under §382.39.

Hlstory.-§4, ch. 6892, 1915; RGS 2071; CGL 3271.

382.05 Deputy registrars; sub-registrars.­Each local registrar shall, immediately upon his acceptance of appointment as such, appoint a deputy, who shall act in his stead in case of his absence or disability; and such deputy shall in writing accept such appointment, and be sub­ject to all instructions governing local regis­trars. And when it appears necessary for the convenience of the people in any district, the state registrar may appoint one or more suit­able persons to act as sub-registrars, who shall be authorized to receive certificates, to issue burial, removal, or other permits in and for such portions of the district as may be desig­nated; and each sub-registrar shall note, on each certificate, over his signature, the date of filing, and shall forward all certificates to the local registrar of the district within ten days, and in all cases before the third day of the fol­lowing month; provided, that such sub~reg­istrar shall be subject to the supervision and control of the state registrar, and may be by him removed for neglect or failure to perform his duty in accordance with the provisions of this chapter or the instructions of the state registrar, and shall be subject to the same pen­alties for neglect of duty as the local registrar.

Hlstory.-§4. ch. M92. 1915: RGS 2072: CGL 3272.

382.06 Burial or removal permit required.­The body of any person whose death occurs in this state, or which shall be found dead therein, shall not be interred, deposited in a vault or tomb, cremated or otherwise disposed of, or re­moved from or into any registration district, or be temporarily held pending further disposi­tion more than seventy-two hours after death, unless a permit for burial, removal, or other dis­position thereof shall have been properly issued by the local registrar of the registration district

in which the death occurred or the body was found. And no such burial or removal permit shall be issued by any registrar until, wherever practicable, a complete and satisfactory certificate of death has been filed with him as hereinafter provided; provided, that when a dead body is transported from outside the state into a regis­tration district in Florida for burial, the transit or removal permit issued in accordance with the law and health regulations of the place where the death occurred, shall be given the same force and effect as a local burial or removal permit and no other permit shall be required. No local registrar shall receive any fee for the issuance of burial or removal permits under this chapter other than the compensation pro­vided in §382.34.

Hlstory.-§5, ch. 6892, 1915; RGS 2073; CGL 3273. Am. §2, ch. 25372, 1949.

382.07 "Stillborn" child to be registered.­A fetus showing no evidence of life after com­plete birth (no action of heart, breathing, or movement of voluntary muscle), if the twentieth week of gestation has been reached, should be registered as a stillbirth. A stillbirth certificate in the form prescribed by the national agency in charge of vital statistics shall be filed with the local registrar in the same manner as a cer­tificate of death. The medical certificate of the cause of stillbirth shall be signed by the at­tending physician, if any, and shall state the cause of the stillbirth, if known, whether a pre­mature delivery and the period of gestation, if known, and a burial or removal permit of the prescribed form shall be required. Midwives shall not sign certificates for stillborn children; but such cases and stillbirths occurring without medical attendance of a physician shall be treat­ed as deaths without medical attendance as pro­vided for in §382.10.

Hlstory.-§6, ch. 6892, 1915; RGS 2074; CGL 3274. Am. §3, ch. 25372, 1949.

382.08 Death certificate.-The certificate of death shall contain all of the information re­quired by the standard certificate as recom­mended by the national agency in charge of vital statistics, all of the items of which are declared necessary for the legal, social, and sanitary purposes subserved by registration records. The personal and statistical particu­lars shall be authenticated by the signature of the informant, who may be any competent person acquainted with the facts. The state­ment of facts relating to the disposition of the body shall be signed by the undertaker or person acting as such.

History.-§7, ch. 6892, 1915; RGS 2075; CGL 3275. Am. §4, ch. 25372, 1949.

382.09 Medical certificate. -The medical certificate shall be made and signed by the physician, if any, last in attenda_nce ?n the de­ceased, who shall specify the time m atte~d­ance, the time he last saw the deceased ahve and the hour of the day at which death oc­curred; and he shall further state the cause of death, so as to show the course of disease or sequence of causes resulting in the death, giv­ing first the name of the disease causing death

1699

Ch. 382 BUREAU OF VITAL STATISTICS

(primary cause), and the contributory (secon­dary) cause, if any, and the duration of each. Indefinite and unsatisfactory terms, denoting only symptoms of disease or conditions result­ing from disease, will not be held sufficient for the issuance of a burial or removal permit; and any certificate containing only such terms, as defined by the state registrar, shall be re­turned to the physician or person making the medical certificate for correction and more definite statement. Causes of death which may be the result of either disease or violence shall be carefully defined; and if from violence, the means of injury shall be stated, and whether (probably) accidental, suicidal, or homicidal. And for deaths in hospitals, institutions, or of non-residents, transients, or recent residents, the physician shall supply the information re­quired under this head, if he is able to do so, and may state where, in his opinion, the disease was contracted.

Hlatory.-§7, ch. 6892, 1916; RGS 2076; CGL 8276.

382.10 Where death occurs without medical attendance.-In case of any death occurring without medical attendance, the undertaker, or other person to whose knowledge the death may come, shall notify the local registrar of such death, and when so notified the registrar shall, prior to the issuance of the permit, inform the local health officer and refer the case to him for immediate investigation and certification; pro­vided, that when the local health officer is not a physician, or when there is no such official, and in such cases only, the registrar is author­ized to make the certificate and return from the statement of relatives or other persons having adequate knowledge of the facts; pro­vided, further, that if the undertaker, or per­son acting as such, or the registrar, has reason to believe that the death may have been due to unlawful act or neglect, the registrar shall then refer the case to the coroner or other proper officer for his investigation and certifi­cation; and the coroner or other proper officer whose duty it is to hold an inquest on the body of any deceased person, shall make the certifi­cate of death required for a burial permit, and state in his certificate the name of the disease causing death, or if from external causes, (1) the means of death; and (2) whether (probably) accidental, suicidal, or homicidal; and shall, in any case, furnish such Information as may be required by the state registrar in order properly to classify the death.

Hlatory.-§8, ch. 6892, 1916; RGS 2077; CGL 8277.

382.11 Duty of undertaker.-The undertaker or person acting as undertaker, shall file the certificate of death or stillbirth with the local

tending physician, if any, or to the health oftl­cer or coroner, as directed by the local regis­trar, for the medical certificate of the cause of death or stillbirth and other particulars necessary to complete the record, as specified in §§382.08-382.10; and he shall then state the facts required relative to the date and place of burial, other disposition, or removal, over his signature and with his address, and present the complete certificate to the local registrar in order to obtain a permit for burial, removal, or other disposition of the body. The under­taker shall deliver the burial permit to the person in charge of the place of burial, before interring or otherwise disposing of the body; or shall attach the removal and transit permit to the box containing the corpse, when shipped by any transportation company; said permit to accompany the corpse to its destination, where, if within the state, the removal permit shall be delivered to the person in charge of the place of burial.

Hlatory.-§9, ch. 6892, 1915; RGS 2078; CGL 8278; am. §7. ch. 22858, 19t5; f5, ch. 25372, 19t9.

382.12 Casket dealers to make monthly re­ports.-Every person selling a casket shall keep a record showing the name of the purchaser, purchaser's post office address, name of de­ceased, date of death, place of death, and color or race of deceased, which record shall be open to inspection of the state registrar at all times. On the first day of each month the person sell­ing caskets shall report to the state registrar each sale for the preceding month, on a blank provided for that purpose; provided, however, that no person selling caskets to dealers or un­dertakers only shall be required to keep such record, nor shall such report be required from undertakers when they have direct charge of the disposition of a dead body.

Every person selling a casket at retai11 and not having charge of the disposition oi the body, shall inclose within the casket a notice furnished by the state registrar calling atten­tion to the requirements of the law, and a blank certificate of death.

Hlatory.-19, ch. 6892, 1915; RGS 2079; CGL 8279.

382.13 Form of burial or removal permit.­If the interment, or other disposition of the body is to be made within the state, the word­ing of the burial or removal permit may be lim­ited to a statement by the registrar, and over his signature, that a satisfactory certificate of death having been filed with him, as required by law, permission is granted to inter, remove, or dispose otherwise of the body, upon the form prescribed by the state registrar.

Hlatory.-110, ch. 6892, 1916; RGS 2080; CGL 8280.

registrar of the district in which the death or 382.14 Interment prohibited without burial stillbirth occurred and obtain a burial, re- permit; records of bodies interred.-No person moval, or other permit prior to any disposition in charge of any premises on which interments, of the body. He shall obtain the required or other dispositions are made shall inter or personal and statistical particulars from the permit the interment or other disposition of any person best qualified to supply them over the body unless it is accompanied by a burial, other signature and address of his informant. He disposition, or removal permit as herein pN­shall then present the certificate to the at- vided. Any such person shall endorse upon the

1700