HOUSE AMENDMENT
Bill No. CS for CS for SB 374, 2nd Eng.
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Crow offered the following:
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13 Amendment (with title amendment)
14 On page 11, between lines 13 and 14,
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17 Section 9. Section 10 of this act shall be known as
18 the "Terri Schiavo Act".
19 Section 10. Subsection (3) of section 765.401, Florida
20 Statutes, is amended to read:
21 765.401 The proxy.--
22 (3) Before exercising the incapacitated patient's
23 rights to select or decline health care, the proxy must comply
24 with the provisions of ss. 765.205 and 765.305;, except that a
25 proxy's decision to withhold or withdraw life-prolonging
26 procedures must be supported by clear and convincing evidence
27 that the decision would have been the one the patient would
28 have chosen had the patient been competent, and a guardian ad
29 litem not related to the patient must be appointed to
30 represent the patient's interests.
31 Section 11. Paragraph (f) is added to subsection (4)
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File original & 9 copies 05/02/01
hbd0001 11:46 am 00374-0049-661099
HOUSE AMENDMENT
Bill No. CS for CS for SB 374, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 of section 744.3215, Florida Statutes, to read:
2 (f) Consent to or otherwise direct on behalf of the
3 ward to withdraw or withhold life-prolonging procedures. Any
4 authority exercised under this paragraph must comply with
5 chapter 765.
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8 ================ T I T L E A M E N D M E N T ===============
9 And the title is amended as follows:
10 On page 2, line 3,
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12 after the semicolon insert:
13 amending s. 765.401, F.S.; requiring
14 appointment of a guardian ad litem when a proxy
15 seeks to withhold or withdraw life-prolonging
16 procedures; amending s. 744.3215, F.S.;
17 providing that a guardian must seek court
18 approval to withdraw or withhold
19 life-prolonging procedures;
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File original & 9 copies 05/02/01
hbd0001 11:46 am 00374-0049-661099