SENATE AMENDMENT

    Bill No. CS for SB 364

    Amendment No. ___   Barcode 702564

                            CHAMBER ACTION
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11  Senator Peaden moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 3, lines 17-30, delete those lines

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16  and insert:

17         Section 3.  Subsection (4) is added to section 765.104,

18  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 4.  Subsections (1) and (3) of section 765.401,

30  Florida Statutes, are amended to read:

31         765.401  The proxy.--

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 364

    Amendment No. ___   Barcode 702564





  1         (1)  If an incapacitated the patient has not executed

  2  an advance directive, or designated a surrogate to execute an

  3  advance directive, or the designated or alternate surrogate is

  4  no longer available to make health care decisions, health care

  5  decisions may be made for the patient by any of the following

  6  individuals, in the following order of priority, if no

  7  individual in a prior class is reasonably available, willing,

  8  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,

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13  (Redesignate subsequent sections.)

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16  ================ T I T L E   A M E N D M E N T ===============

17  And the title is amended as follows:

18         On page 1, line 14, after the first semicolon,

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20  insert:

21         amending s. 765.104, F.S.; authorizing a

22         patient whose legal disability is removed to

23         amend or revoke the recognition of a medical

24         proxy and any uncompleted decision made by that

25         proxy; specifying when the amendment or

26         revocation takes effect;

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