Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for SB 804
Barcode 462276
CHAMBER ACTION
Senate House
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03/17/2005 02:59 PM .
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11 Senator Webster moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert: Section 1. Section 765.405, Florida Statutes, is
17 created to read:
18 765.405 Withholding or withdrawing artificially
19 provided sustenance or hydration.--When upon request of a
20 proxy, surrogate, or guardian a court is to decide whether to
21 issue an order or provide other authority for the withholding
22 or withdrawing of artificially provided sustenance or
23 hydration from a person in a persistent vegetative state who
24 has no advance directive, the decision of the court to issue
25 the order or provide the authority must be supported by clear
26 and convincing evidence that the person, while competent and
27 prior to entering into a persistent vegetative state,
28 expressly and unequivocally directed or instructed the
29 withholding or withdrawing of artificially provided sustenance
30 or hydration.
31 Section 2. The provisions of this act apply to every
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12:16 PM 03/17/05 s0804.09ju.05a
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for SB 804
Barcode 462276
1 living person on and after the effective date of this act.
2 Specifically, the provisions of this act apply to all
3 situations in which a person is in a persistent vegetative
4 state on or after the effective date of this act and requires
5 artificially provided sustenance or hydration for survival.
6 It is the intent of the Legislature that this act authorizes
7 an interested party, as determined by the court, to petition a
8 court of competent jurisdiction to decide whether artificially
9 provided sustenance or hydration may be withheld after being
10 withdrawn from a person in a persistent vegetative state on or
11 after the effective date of this act.
12 Section 3. This act shall take effect upon becoming a
13 law.
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17 And the title is amended as follows:
18 Delete everything before the enacting clause
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20 and insert: An act relating to artificially provided
21 sustenance or hydration; creating s. 765.405, F.S.;
22 prescribing evidence to govern court decisions on withholding
23 or withdrawing artificially provided sustenance or hydration
24 from certain persons in persistent vegetative states;
25 providing for application of the act; expressing legislative
26 intent to authorize certain parties to petition a court
27 relating to the withholding of artificially provided
28 sustenance or hydration; providing an effective date.
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