SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 673620
CHAMBER ACTION
Senate House
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04/30/2003 06:44 PM .
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11 Senator Smith moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 86, line 31,
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16 insert:
17 Section 62. This act may be cited as the "Nick Oelrich
18 Gift of Life Act."
19 Section 63. Subsections (1), (2), and (6) of section
20 765.512, Florida Statutes, are amended to read:
21 765.512 Persons who may make an anatomical gift.--
22 (1) Any person who may make a will may give all or
23 part of his or her body for any purpose specified in s.
24 765.510, the gift to take effect upon death. An anatomical
25 gift made by an adult donor and not revoked by the donor as
26 provided in s. 765.516 is irrevocable and does not require the
27 consent or concurrence of any person after the donor's death.
28 A family member, guardian, representative ad litem, or health
29 care surrogate of an adult donor who has made an anatomical
30 gift may not modify, deny, or prevent the donor's wish or
31 intent to make an anatomical gift from being made after the
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SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 673620
1 donor's death.
2 (2) If the decedent has executed an agreement
3 concerning an anatomical gift, by including signing an organ
4 and tissue donor card, by expressing his or her wish to donate
5 in a living will or advance directive, or by signifying his or
6 her intent to donate on his or her driver's license or in some
7 other written form has indicated his or her wish to make an
8 anatomical gift, and in the absence of actual notice of
9 contrary indications by the decedent, the document is evidence
10 of legally sufficient informed consent to donate an anatomical
11 gift and is legally binding. Any surrogate designated by the
12 decedent pursuant to part II of this chapter may give all or
13 any part of the decedent's body for any purpose specified in
14 s. 765.510.
15 (6) A gift of all or part of a body authorizes:
16 (a) Any examination necessary to assure medical
17 acceptability of the gift for the purposes intended.
18 (b) The decedent's medical provider, family, or a
19 third party to furnish medical records requested concerning
20 the decedent's medical and social history.
21 Section 64. Section 765.516, Florida Statutes, is
22 amended to read:
23 765.516 Amendment of the terms of or the revocation of
24 the gift.--
25 (1) A donor may amend the terms of or revoke an
26 anatomical gift by:
27 (a) The execution and delivery to the donee of a
28 signed statement.
29 (b) An oral statement that is:
30 1. Made to the donor's spouse; or
31 2. made in the presence of two persons, one of whom
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SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 673620
1 may not be a family member, and communicated to the donor's
2 family or attorney or to the donee.
3 (c) A statement during a terminal illness or injury
4 addressed to an attending physician, who must communicate the
5 revocation of the gift to the procurement organization that is
6 certified by the state.
7 (d) A signed document found on or about the donor's
8 person or in the donor's effects.
9 (2) Any gift made by a will may also be amended or
10 revoked in the manner provided for amendment or revocation of
11 wills or as provided in subsection (1).
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13 (Redesignate subsequent sections.)
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17 And the title is amended as follows:
18 On page 8, line 30, after the semicolon,
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20 insert:
21 creating the "Nick Oelrich Gift of Life Act";
22 amending s. 765.512, F.S., relating to
23 anatomical gifts; prohibiting modification of a
24 donor's intent; providing that a donor document
25 is legally binding; authorizing specified
26 persons to furnish a donor's medical records
27 upon request; amending s. 765.516, F.S.;
28 revising procedures by which the terms of an
29 anatomical gift may be amended or the gift may
30 be revoked;
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