CODING: Words stricken are deletions; words underlined are additions.
                                                  SENATE AMENDMENT
    Bill No. CS for SB 268
    Amendment No. ___   Barcode 450570
                            CHAMBER ACTION
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11  Senator Carlton moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 12, before line 1,
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16  insert:
17         Section 10.  Subsection (4) is added to section
18  765.104, Florida Statutes, to read:
19         765.104  Amendment or revocation.--
20         (4)  Any patient for whom a medical proxy has been
21  recognized under s. 765.401 and for whom any previous legal
22  disability that precluded the patient's ability to consent is
23  removed may amend or revoke the recognition of the medical
24  proxy and any uncompleted decision made by that proxy. The
25  amendment or revocation takes effect when it is communicated
26  to the proxy, the health care provider, or the health care
27  facility in writing or, if communicated orally, in the
28  presence of a third person.
29         Section 11.  Subsection (1) of section 765.401, Florida
30  Statutes, is amended to read:
31         765.401  The proxy.--
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 268
    Amendment No. ___   Barcode 450570
  1         (1)  If an incapacitated or developmentally disabled
  2  the patient has not executed an advance directive, or
  3  designated a surrogate to execute an advance directive, or the
  4  designated or alternate surrogate is no longer available to
  5  make health care decisions, health care decisions may be made
  6  for the patient by any of the following individuals, in the
  7  following order of priority, if no individual in a prior class
  8  is reasonably available, willing, or competent to act:
  9         (a)  The judicially appointed guardian of the patient,
10  or the guardian advocate of the person having a developmental
11  disability as defined in s. 393.063, who has been authorized
12  to consent to medical treatment, if such guardian has
13  previously been appointed; however, this paragraph shall not
14  be construed to require such appointment before a treatment
15  decision can be made under this subsection;
16         (b)  The patient's spouse;
17         (c)  An adult child of the patient, or if the patient
18  has more than one adult child, a majority of the adult
19  children who are reasonably available for consultation;
20         (d)  A parent of the patient;
21         (e)  The adult sibling of the patient or, if the
22  patient has more than one sibling, a majority of the adult
23  siblings who are reasonably available for consultation.
24         (f)  An adult relative of the patient who has exhibited
25  special care and concern for the patient and who has
26  maintained regular contact with the patient and who is
27  familiar with the patient's activities, health, and religious
28  or moral beliefs; or
29         (g)  A close friend of the patient.
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31  (Redesignate subsequent sections.)
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 268
    Amendment No. ___   Barcode 450570
  1  ================ T I T L E   A M E N D M E N T ===============
  2  And the title is amended as follows:
  3         On page 2, line 7, after the semicolon,
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  5  insert:
  6         amending s. 765.104, F.S.; authorizing a
  7         patient whose legal disability is removed to
  8         amend or revoke the recognition of a medical
  9         proxy and any uncompleted decision made by that
10         proxy; specifying when the amendment or
11         revocation takes effect; amending s. 765.401,
12         F.S.; authorizing a guardian advocate of a
13         person having a developmental disability to
14         make health care decisions on behalf of an
15         incapacitated patient;
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