Senate Bill sb0804c1

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    Florida Senate - 2005                            CS for SB 804

    By the Committee on Judiciary; and Senator Webster





    590-1744-05

  1                      A bill to be entitled

  2         An act relating to the suspension of

  3         artificially provided sustenance or hydration

  4         from a person in a persistent vegetative state;

  5         creating s. 765.405, F.S.; prohibiting the

  6         suspension of the sustenance or hydration under

  7         certain conditions; authorizing certain parties

  8         to petition the court to prevent suspension of

  9         the sustenance or hydration; specifying that

10         the act is remedial and providing for its

11         application; providing an effective date.

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13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Section 765.405, Florida Statutes, is

16  created to read:

17         765.405  Suspension of artificially provided sustenance

18  or hydration in absence of an advance directive.--

19         (1)  Artificially provided sustenance or hydration may

20  not be suspended from a person who is in a persistent

21  vegetative state if:

22         (a)  The purpose of the suspension is solely to end the

23  life of a person who is in a persistent vegetative state;

24         (b)  A conflict exists between any of the parties

25  identified in s. 765.401(1)(a)-(f) regarding the decision to

26  suspend artificially provided sustenance or hydration from the

27  person who is in a persistent vegetative state; and

28         (c)  The person who is in a persistent vegetative state

29  has not executed a written advance directive, executed a

30  written living will, or designated a health care surrogate,

31  which directive, will, or designation of a surrogate

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    Florida Senate - 2005                            CS for SB 804
    590-1744-05




 1  authorizes the suspension of life-prolonging procedures, as

 2  defined in s. 765.101.

 3         (2)  Any party identified in s. 765.401(1)(a)-(f) may

 4  petition the court of competent jurisdiction at any time to

 5  prevent the suspension of artificially provided sustenance or

 6  hydration based upon an assertion that the existence of the

 7  conditions of subsection (1) prohibit the suspension of

 8  artificially provided sustenance or hydration.

 9         Section 2.  The provisions of this act are remedial and

10  are applicable to every living person on the effective date of

11  this act. In addition, it is the intent of the Legislature,

12  and the policy of this state, to apply this act to situations

13  in which a person is in a persistent vegetative state on or

14  after the effective date of this act.

15         Section 3.  This act shall take effect upon becoming a

16  law.

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    Florida Senate - 2005                            CS for SB 804
    590-1744-05




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 804

 3                                 

 4  The committee substitute prohibits the suspension of
    artificially provided sustenance or hydration from a person in
 5  a persistent vegetative state if the following conditions
    exist:
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    --   The purpose of the suspension is solely to end the
 7       person's life;

 8  --   There is a conflict between certain persons who are
         statutorily recognized as potential proxies for an
 9       incapacitated person; and

10  --   The person has not executed a written advance directive,
         executed a written living will, or designated a health
11       care surrogate, which directive, will, or designation
         authorizes suspending life-prolonging procedures.
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    The committee substitute authorizes certain persons who are
13  statutorily recognized as potential proxies for an
    incapacitated person to petition the court to prevent the
14  suspension of artificially provided sustenance or hydration
    based on the existence of these conditions.
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    The committee substitute provides that the act is remedial,
16  applies to every living person, and is intended to apply to
    situations in which a person is in a persistent vegetative
17  state on or after the effective date of the act.

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