| 1 | Representative(s) Sobel offered the following: |
| 2 |
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| 3 | Amendment to Amendment (241033) (with directory and title |
| 4 | amendments) |
| 5 | Remove line(s) 10-72 and insert: |
| 6 | paragraph (a), paragraph (b), or paragraph (c). |
| 7 | (a) The person who is in a persistent vegetative state has |
| 8 | executed a written advance directive, executed a written living |
| 9 | will, or designated a health care surrogate which directive, |
| 10 | living will, or designation of a surrogate authorizes the |
| 11 | withholding or withdrawing of life-prolonging procedures, as |
| 12 | defined in s. 765.101. |
| 13 | (b) Clear and convincing evidence exists that, while |
| 14 | competent and prior to entering into a persistent vegetative |
| 15 | state, the person, expressly and unequivocally, directed or |
| 16 | instructed the withholding or withdrawing of artificially |
| 17 | provided sustenance or hydration. For purposes of this section, |
| 18 | this paragraph does not authorize the application of substituted |
| 19 | judgment. |
| 20 | (c) The decision to withhold or withdraw sustenance or |
| 21 | hydration: |
| 22 | 1. Would be authorized under s. 765.401(3), and the |
| 23 | parties identified in this paragraph agree that: |
| 24 | a. The decision is the one the person in a persistent |
| 25 | vegetative state would have chosen had the person been |
| 26 | competent; or |
| 27 | b. If there is no indication of what the person would have |
| 28 | chosen, that the decision is in the person's best interests. |
| 29 | 2. The parties whose agreement is required under this |
| 30 | paragraph are all individuals or classes identified in s. |
| 31 | 765.401(1)(a)-(f) who have: |
| 32 | a. Exhibited special care and concern for the person who |
| 33 | is in a persistent vegetative state; |
| 34 | b. Who have maintained regular contact with the person; |
| 35 | and |
| 36 | c. Who have expressed an opinion on the decision. |
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| 38 | ================ T I T L E A M E N D M E N T ============= |
| 39 | Remove line(s) 15-20 of the bill title and insert: |
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| 41 | apply; authorizing interested persons to petition the |