| 1 | Representatives Smith, Seiler, Gelber, Bendross-Mindingall, |
| 2 | Henriquez, and Joyner offered the following: |
| 3 |
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| 4 | Amendment (with title amendment) |
| 5 | Remove everything after the enacting clause and insert: |
| 6 | Section 1. Section 765.405, Florida Statutes, is created |
| 7 | to read: |
| 8 | 765.405 Suspension of artificially provided sustenance or |
| 9 | hydration in absence of an advance directive.-- |
| 10 | (1) Artificially provided sustenance or hydration may not |
| 11 | be suspended from a person who is in a persistent vegetative |
| 12 | state if: |
| 13 | (a) The purpose of the suspension is solely to end the |
| 14 | life of a person who is in a persistent vegetative state. |
| 15 | (b) A conflict exists between any of the parties |
| 16 | identified in s. 765.401(1)(a)-(f) regarding the decision to |
| 17 | suspend artificially provided sustenance or hydration from the |
| 18 | person who is in a persistent vegetative state. |
| 19 | (c) The person who is in a persistent vegetative state has |
| 20 | not executed a written advance directive, executed a written |
| 21 | living will, or designated a health care surrogate, which |
| 22 | directive, will, or designation of a surrogate authorizes the |
| 23 | suspension of life-prolonging procedures, as defined in s. |
| 24 | 765.101. |
| 25 | (d) No clear and convincing evidence exists that the |
| 26 | person, while competent and prior to entering into a persistent |
| 27 | vegetative state, expressly directed or instructed the |
| 28 | suspension of artificially provided sustenance or hydration or |
| 29 | the suspension of life-prolonging procedures should he or she be |
| 30 | in a condition for which there is no reasonable medical |
| 31 | probability of recovery. |
| 32 | (e) The person who is in a persistent vegetative state did |
| 33 | not, when competent, hold religious beliefs against artificially |
| 34 | provided sustenance or hydration and such provision would not |
| 35 | violate his or her exercise of religion as defined in chapter |
| 36 | 761. |
| 37 | (2) Any party identified in s. 765.401(1)(a)-(f) may |
| 38 | petition a court of competent jurisdiction at any time to |
| 39 | prevent the suspension of artificially provided sustenance or |
| 40 | hydration based upon an assertion that the existence of the |
| 41 | conditions of subsection (1) prohibits the suspension of |
| 42 | artificially provided sustenance or hydration. |
| 43 | Section 2. This act shall take effect upon becoming a law. |
| 44 |
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| 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 |
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| 49 | 3/16/2005 1:29:49 PMA bill to be entitled |
| 50 | An act relating to artificially provided sustenance and |
| 51 | hydration; creating s. 765.405, F.S.; providing that |
| 52 | artificially provided sustenance or hydration may not be |
| 53 | suspended from a person who is in a persistent vegetative |
| 54 | state if specified conditions exist; permitting specified |
| 55 | persons to petition a court of competent jurisdiction at |
| 56 | any time to prevent the suspension of artificially |
| 57 | provided sustenance or hydration based upon an assertion |
| 58 | that the specified conditions exist; providing an |
| 59 | effective date. |