Florida Birth Certificate Citizenship Declaration Act.

The Florida Birth Certificate Citizenship Jurisdiction Declaration Act: 

THE NATIONAL VITAL STATISTICS SYSTEM - NIH, National Library of Medicine

https://www.ncbi.nlm.nih.gov/books/NBK219884/

"In the United States, legal authority for the registration of births, deaths, marriages, divorces, fetal deaths, and induced terminations of pregnancy (abortions) resides individually with the states."

Rationale:

There is an incredibly wrong perception in this country that a person born in these United States is automatically a citizen of the United States. Nothing could be further from the truth. The 14th Amendment, the Supreme Law of the Land on Citizenship, clearly states that, "All persons born or naturalized in the United States  - and subject to the jurisdiction thereof -  are citizens of the United States and citizens of the State wherein they reside." 

To be - subject to the jurisdiction thereof - a child has to be born to parents who are subject to the jurisdiction thereof, of the United States, and this is determined by citizenship. If a parent is a U.S. Citizen or permanent resident, then they are under U.S. jurisdiction, in other words the protection and responsibility of the United States, and so the child who is under the jurisdiction of the parents, is subject to the same jurisdiction as the parents. Foreign nationals are subject to the jurisdiction of their countries of citizenship, and so are their children.

The purpose of this bill is to correct and remove in Florida, something that has been practiced for decades but which has in fact never legally existed in any state or the country, that of "birthright citizenship," where simply being born in the U.S. confers citizenship. It does not! So to correct this grievous error and national threat, birth certificates in the State of Florida shall now list the citizenship of the parents, backed up by official original documents, copies of which shall be included when the birth certificate is filed from the place of birth, to determine and document the correct citizenship of the child at birth.

The Center for Immigration studies has this paragraph on their site page on Birthright Citizenship:

"What Law Requires Birthright Citizenship? Is automatic birthright citizenship for children of all legal and illegal aliens expressly required by the U.S. Constitution? On its face, the answer is “no.” No language in the Constitution specifically addresses how the children of foreigners must be dealt with in regards to citizenship. The 14th Amendment confers citizenship through “naturalization” or by birth to persons “subject to the jurisdiction” of the United States, but provides no guidance on when an alien is to be regarded as subject to U.S. jurisdiction. The next question, then, is whether any statute enacted by Congress specifically directs the granting of citizenship to children born in the United States to illegal aliens. Again, the answer is “no.” The executive branch’s birthright citizenship policy is not based on any federal regulation. One might say that the practice has become policy without becoming law.

Current Law:  

2012 Florida Statutes 382.013 Birth registration.- Sections (1) - (5).

Our New Law: 

(5) DISCLOSURE.- The first sendtence currently reads, "The original certificate of live birth shall contain all the information required by the department for legal, social, and health research purposes. However, all information concerning parentage, marital status, and medical details shall be confidential."  This shall be amended by adding after the second sentence, "all information concerning parentage," the words, "except citizenship for subject to the jurisdiction purposes."

We are adding a new Section (6):

(6) CITIZENSHIP OF THE CHILD.-  

(a) In order to comply with the 14th Amendment citizenship subject to the jurisdiction clause, the citizenship of the parents, determined through original official government documentation, shall be listed on all birth certificates when the information is first gathered and recorded at the place of birth. Under MOTHER'S INFORMATION on the birth certificate, CITIZENSHIP, shall be listed after BIRTHPLACE. Under FATHER'S INFORMATION on the birth certificate, CITIZENSHIP, shall be listed after BIRTHPLACE.  

(b) Once the citizenship of the parents has been officially determined, the citizenship of the child born shall also be determined and documented on the birth certificate.   Under CHILD'S INFORMATION, after CITY, COUNTY OF BIRTH, the new heading of CHILD'S CITIZENSHIP shall be added.  UNITED STATES shall be listed ONLY if one parent is proven to be a U.S. Citizen, or U.S. Permanent Resident. For all other births to foreign nationals, the CHILD'S CITIZENSHIP shall be listed as that of one or both parents, per other parts of this section, and national and international law.

(c) The State of Florida shall go back to the year 2000 and correct wherever possible, the citizenship of any child born in Florida, to that of their parents who were foreign nationals at the time of birth, and that child's citizenship and birth certificate shall be corrected accordingly.

(d) All filings of birth certificate registry information shall be accompanied by photocopies of original citizenship documentation of both parents. All citizenship determinations, whether U.S. or foreign national citizenship, shall be transmitted to the U.S. Vital Statistics System.  

(e) If the parentage is UNDETERMINED per Section (4) the citizenship of the child born shall be listed also as UNDETERMINED. When the citizenship is determined per the provisions of this section of the parents, the citizenship of the child can then be determined and the birth certificate amended.

(f) Failure to properly document citizenship accurately, through negligence, shall be punishable by one year in prison and a $10,000 fine. If intentional fraud occurred by putting U.S. Citizenship on the birth certificate to a child of known foreign nationals, such fraud shall be punished by 10 years in prison and a $100,000 fine for all individuals directly involved. All birth certificates and citizenship shall be corrected upon any errors being discovered.

ENDORSEMENTS:

BILL STATUS:

COMMENTS: