Amendment
Bill No. 0701
Amendment No. 057697
CHAMBER ACTION
Senate House
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1Representatives Smith, Seiler, Gelber, Bendross-Mindingall,
2Henriquez, and Joyner offered the following:
3
4     Amendment (with title amendment)
5     Remove everything after the enacting clause and insert:
6     Section 1.  Section 765.405, Florida Statutes, is created
7to read:
8     765.405  Suspension of artificially provided sustenance or
9hydration in absence of an advance directive.--
10     (1)  Artificially provided sustenance or hydration may not
11be suspended from a person who is in a persistent vegetative
12state if:
13     (a)  The purpose of the suspension is solely to end the
14life of a person who is in a persistent vegetative state.
15     (b)  A conflict exists between any of the parties
16identified in s. 765.401(1)(a)-(f) regarding the decision to
17suspend artificially provided sustenance or hydration from the
18person who is in a persistent vegetative state.
19     (c)  The person who is in a persistent vegetative state has
20not executed a written advance directive, executed a written
21living will, or designated a health care surrogate, which
22directive, will, or designation of a surrogate authorizes the
23suspension of life-prolonging procedures, as defined in s.
24765.101.
25     (d)  No clear and convincing evidence exists that the
26person, while competent and prior to entering into a persistent
27vegetative state, expressly directed or instructed the
28suspension of artificially provided sustenance or hydration or
29the suspension of life-prolonging procedures should he or she be
30in a condition for which there is no reasonable medical
31probability of recovery.
32     (e)  The person who is in a persistent vegetative state did
33not, when competent, hold religious beliefs against artificially
34provided sustenance or hydration and such provision would not
35violate his or her exercise of religion as defined in chapter
36761.
37     (2)  Any party identified in s. 765.401(1)(a)-(f) may
38petition a court of competent jurisdiction at any time to
39prevent the suspension of artificially provided sustenance or
40hydration based upon an assertion that the existence of the
41conditions of subsection (1) prohibits the suspension of
42artificially provided sustenance or hydration.
43     Section 2.  This act shall take effect upon becoming a law.
44
45================= T I T L E  A M E N D M E N T =================
46     Remove the entire title and insert:
47
057697
48
49
3/16/2005 1:29:49 PMA bill to be entitled
50An act relating to artificially provided sustenance and
51hydration; creating s. 765.405, F.S.; providing that
52artificially provided sustenance or hydration may not be
53suspended from a person who is in a persistent vegetative
54state if specified conditions exist; permitting specified
55persons to petition a court of competent jurisdiction at
56any time to prevent the suspension of artificially
57provided sustenance or hydration based upon an assertion
58that the specified conditions exist; providing an
59effective date.


CODING: Words stricken are deletions; words underlined are additions.