STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DAVID WILLIAM SODERQUIST, )

)

Petitioner, )

)

vs. ) CASE NO. 81-383

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice an administrative hearing was held in De Funiak Springs, Florida on April 10, 1981 before the undersigned Hearing Officer of the Division of Administrative Hearings, Department of Administration.

APPEARANCES

For Petitioner: David William Soderquist, pro se Route 2, Box 98

Freeport, Florida 32439

For Respondent: Jon W. Searcy, Esquire

Department of Health and Rehabilitative Services

160 Governmental Center Post Office Box 12836 Pensacola, Florida 32576

ISSUE

Whether the birth certificate of Petitioner David William Soderquist should be amended as requested.

PRELIMINARY STATEMENT

Petitioner David William Soderquist requested Respondent Department of Health and Rehabilitative Services to amend his birth certificate to show that he was born December 13, 1918 rather than December 13, 1919 as it is recorded. The request was denied, and Petitioner requested an administrative hearing.

Petitioner testified in his own behalf, called his mother as a witness and offered six (6) exhibits which were entered as evidence. Respondent called as a witness the records custodian of the Office of Vital Statistics of the Department of Health and Rehabilitative Services and offered nine (9) exhibits which were entered as evidence.

FINDINGS OF FACT

1. On or about January 12, 1980 Petitioner David William Soderquist filed a request to amend his official birth certificate to show his birth date to be December 13, 1918 rather than December 13, 1919. Petitioner believes be was born in 1918 and presented evidence to show his good faith belief. He listed December 13, 1918 as his birth date on the following: (a) his official Social Security record (Petitioner's Exhibit 1), (b) his Voter's Registration (Petitioner's Exhibit 4), (c) his Application for Federal Employment (Petitioner's Exhibit 5) , and (d) his Application for Veterans Administration Hospital Treatment or Domicilary Care (Petitioner's Exhibit 6). Petitioner's Exhibit 3 indicates that he was six (6) years old when he registered for the 1926-27 school year at the elementary school in Freeport, Florida. Petitioner believes this record is not correct and believes it should have indicated that he was seven (7) years of age.

   
   

2. Lillie Pearl Soderquist is eighty (80) years of age and the mother of Petitioner David William Soderquist. She believes that Petitioner was born in 1918 and that she gave birth to only two (2) children, one of which is the Petitioner.

   
   

3. Petitioner's official Birth Certificate No. 19624 filed December 20, 1919 indicates that Petitioner Soderquist was born December 13, 1919. The certificate shows that his mother, Lilly Pearl Bjorklund Soderquist , age 18 years, had two (2) children born to her, including the present birth, with one child then living. Petitioner's father is shown on this certificate as being 56 years of age. Respondent's Exhibit 2 is a certified copy of Birth Certificate No. 14701 1/2 filed on October 30, 1918 of an unnamed child stillborn to Petitioner's parents. Petitioner's father is listed on this certificate as 55 years of age and his mother as 18. It indicates that no other child had been born to Petitioner's mother. Respondent's Exhibit 3 is a Certificate of Death No. 12841 for this stillborn child. If Petitioner had been born December 13, 1918 as he believes, his mother would have given birth to one child in October of 1918 and then to Petitioner in December of 1918. Petitioner's mother stated and Respondent's Exhibit 4 shows that Petitioner's mother gave birth to another child on November 23, 1924, therein indicating that she had given birth to three

   (3) children contrary to her testimony that she had given birth to only two (2) children. In summary, the evidence submitted by Respondent Department shows that three (3) children were born to the parents of Petitioner: one stillborn child on October 24, 1918; one child, the Petitioner, on December 13, 1919; and one child on November 23, 1924.

   
   

4. Based on the quality of the testimony and the weight of the evidence the Bearing Officer finds that Petitioner has not presented satisfactory proof to establish that he was born on December 13, 1918 and that his official birth certificate filed December 20, 1919 should be amended.

   
   

5. Respondent filed proposed findings of fact, a memorandum of law and a proposed recommended order, which was considered in the writing of this order. To the extent the proposed findings of fact have not been adopted in or are inconsistent with factual findings in this order, they have been specifically rejected as being irrelevant or not having been supported by the evidence.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction of this matter and the parties thereto pursuant to Section 120.57, Florida Statutes.

7. Section 382.21(5), Florida Statutes (1979), provides:

   
   

   (5) CORRECTION OF BIRTH RECORDS.-- A person whose birth is recorded in this state may request the State Registrar to correct any misstate-

   ment or error occurring in said birth record, upon presentation of proof satisfactory to the State Registrar.

   
   

8. Petitioner Soderquist has failed to present satisfactory proof of an error occurring in his birth record.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that the request of Petitioner David William Soderquist for amendment of his birth certificate be denied.

DONE and ORDERED this 9th day of July, 1981, in Tallahassee, Leon County, Florida.

DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 9th day of July, 1981.

COPIES FURNISHED:

Mr. David W. Soderquist Route 2, Box 98

Freeport, Florida 32439

Jon W. Searcy, Esquire

Department of HRS Alvin J. Taylor, Secretary

160 Governmental Center Department of HRS

Post Office Box 12836 1323 Winewood Boulevard Pensacola, Florida 32576 Tallahassee, Florida 32301

Docket for Case No: 81-000383

Orders for Case No: 81-000383