Senate Bill sb1350c2

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                    CS for CS for SB 1350

    By the Committees on Governmental Operations; Health Policy;
    and Senators Oelrich, Dockery and Lynn




    585-2552-07

  1                      A bill to be entitled

  2         An act relating to organ and tissue donation;

  3         providing findings and intent; amending s.

  4         765.511, F.S.; providing a definition; amending

  5         s. 765.512, F.S.; providing for donation by

  6         joining a donor registry; conforming

  7         provisions; amending s. 765.514, F.S.;

  8         providing for authorization of anatomical

  9         donations by notations on a driver's license or

10         identification card; providing for effect on

11         authorization of license revocation,

12         suspension, expiration, or cancellation;

13         providing for authorization of anatomical

14         donation by inclusion on a donor registry;

15         providing for authorization of donation through

16         online access to registry; providing for

17         rulemaking; specifying the effects of an online

18         authorization; revising the uniform donor card;

19         amending s. 765.515, F.S.; revising provisions

20         relating to communication of specified

21         information to the donor registry; providing

22         for administration of the donor registry by a

23         specified nonprofit corporation rather than by

24         a state agency; revising provisions relating to

25         registry administration; requiring an annual

26         report; providing for verification of certain

27         online entries; providing for voluntary

28         contributions to the registry; revising

29         provisions relating to payment of costs of the

30         registry; providing for provision of current

31         registry information to the Florida Coalition

                                  1

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






    Florida Senate - 2007                    CS for CS for SB 1350
    585-2552-07




 1         on Donation; designating the Joshua Abbott

 2         Organ and Tissue Donor Registry; providing for

 3         expiration of specified transitional

 4         provisions; amending s. 765.516, F.S.;

 5         authorizing revocation of anatomical an gift by

 6         a donor through removal of his or her name from

 7         the donor registry; amending s. 765.517, F.S.;

 8         revising provisions relating to verification of

 9         a donor's consent at death; creating s.

10         765.5201, F.S.; providing for application of

11         public records and meetings requirements to the

12         Florida Coalition on Donation; amending s.

13         765.521, F.S.; revising provisions relating to

14         authorization of donations as a part of the

15         driver's license or identification card

16         process; amending s. 765.5215, F.S.; revising

17         provisions relating to anatomical gift

18         education programs; amending s. 765.52155,

19         F.S.; redesignating the Florida Organ and

20         Tissue Donor Education and Procurement Trust

21         Fund as the Florida Organ and Tissue

22         Procurement Trust Fund; repealing s. 765.5216,

23         F.S., relating to the organ and tissue donor

24         education panel; amending s. 765.522, F.S.;

25         revising duties of hospital administrators at

26         or near the time of death of persons who are

27         suitable candidates for organ or tissue

28         donation; providing specified immunity to the

29         Florida Coalition on Donation; revising

30         authority for designation of organ procurement

31         organizations; amending s. 765.544, F.S.;

                                  2

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






    Florida Senate - 2007                    CS for CS for SB 1350
    585-2552-07




 1         revising provisions relating to the Florida

 2         Organ and Tissue Procurement Trust Fund and the

 3         Health Care Trust Fund; providing for use of

 4         specified funds for certain transitional and

 5         notification purposes; revising disposition of

 6         certain fees, penalties, and surcharges;

 7         providing for expiration of specified

 8         provisions; amending s. 215.20, F.S.; deleting

 9         the Florida Organ and Tissue Donor Education

10         and Procurement Trust Fund from provisions

11         concerning a trust fund surcharge; amending ss.

12         320.08047 and 322.08, F.S.; revising

13         distribution of specified voluntary

14         contributions for organ and tissue donor

15         education; providing an appropriation;

16         providing an effective date.

17  

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

19  

20         Section 1.  (1)  The Legislature finds that:

21         (a)  There exists in the state a shortage of organ and

22  tissue donors to provide the organs and tissue that could save

23  lives or enhance the quality of life for many Floridians.

24         (b)  There is a need to encourage the various minority

25  populations of Florida to donate organs and tissue.

26         (c)  An enhanced program of donor education coupled

27  with an online registration process developed and implemented

28  by a private not-for-profit entity in cooperation with the

29  Department of Highway Safety and Motor Vehicles that will

30  report its results to the Agency for Health Care

31  

                                  3

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






    Florida Senate - 2007                    CS for CS for SB 1350
    585-2552-07




 1  Administration and the Legislature will lead to an increase in

 2  the number of organ and tissue donors registered in Florida.

 3         (d)  The Florida Coalition on Donation has been

 4  established as a not-for-profit entity by the Florida organ

 5  procurement organizations designated by the United States

 6  Department of Health and Human Services and Florida tissue

 7  banks and eye banks, all certified by the Agency for Health

 8  Care Administration.

 9         (2)  It is the intent of the Legislature that the funds

10  collected pursuant to ss. 320.08047 and 322.08(6)(b), Florida

11  Statutes, be used to maintain the donor registry and for

12  educational purposes aimed at increasing the number of organ

13  and tissue donors, thus affording more Floridians who are

14  awaiting organ or tissue transplants the opportunity for a

15  full and productive life.

16         Section 2.  Subsections (4) and (5) of section 765.511,

17  Florida Statutes, are renumbered as subsections (5) and (6),

18  respectively, and a new subsection (4) is added to that

19  section to read:

20         765.511  Definitions.--As used in this part, the term:

21         (4)  "Florida Coalition on Donation" or "coalition"

22  means the Florida Coalition on Donation, Inc., a

23  not-for-profit corporation.

24         Section 3.  Subsections (2) and (3) of section 765.512,

25  Florida Statutes, are amended to read:

26         765.512  Persons who may make an anatomical gift.--

27         (2)  If the decedent has executed an agreement

28  concerning an anatomical gift, by signing an organ and tissue

29  donor card, by joining the organ donor registry, by expressing

30  his or her wish to donate in a living will or advance

31  directive, or by signifying his or her intent to donate on his

                                  4

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






    Florida Senate - 2007                    CS for CS for SB 1350
    585-2552-07




 1  or her driver's license or identification card or in some

 2  other written form has indicated his or her wish to make an

 3  anatomical gift, and in the absence of actual notice of

 4  contrary indications by the decedent, the document is evidence

 5  of legally sufficient informed consent to donate an anatomical

 6  gift and is legally binding. Any surrogate designated by the

 7  decedent pursuant to part II of this chapter may give all or

 8  any part of the decedent's body for any purpose specified in

 9  s. 765.510.

10         (3)  If the decedent has not executed an agreement

11  concerning an anatomical gift, is not included in the donor

12  registry, or has not designated a surrogate pursuant to part

13  II of this chapter to make an anatomical gift pursuant to the

14  conditions of subsection (2), a member of one of the classes

15  of persons listed below, in the order of priority stated and

16  in the absence of actual notice of contrary indications by the

17  decedent or actual notice of opposition by a member of the

18  same or a prior class, may give all or any part of the

19  decedent's body for any purpose specified in s. 765.510:

20         (a)  The spouse of the decedent;

21         (b)  An adult son or daughter of the decedent;

22         (c)  Either parent of the decedent;

23         (d)  An adult brother or sister of the decedent;

24         (e)  A grandparent of the decedent;

25         (f)  A guardian of the person of the decedent at the

26  time of his or her death; or

27         (g)  A representative ad litem who shall be appointed

28  by a court of competent jurisdiction forthwith upon a petition

29  heard ex parte filed by any person, which representative ad

30  litem shall ascertain that no person of higher priority exists

31  who objects to the gift of all or any part of the decedent's

                                  5

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






    Florida Senate - 2007                    CS for CS for SB 1350
    585-2552-07




 1  body and that no evidence exists of the decedent's having made

 2  a communication expressing a desire that his or her body or

 3  body parts not be donated upon death;

 4  

 5  but no gift shall be made by the spouse if any adult son or

 6  daughter objects, and provided that those of higher priority,

 7  if they are reasonably available, have been contacted and made

 8  aware of the proposed gift, and further provided that a

 9  reasonable search is made to show that there would have been

10  no objection on religious grounds by the decedent.

11         Section 4.  Section 765.514, Florida Statutes, is

12  amended to read:

13         765.514  Manner of executing anatomical gifts.--

14         (1)  A gift of all or part of the body under s.

15  765.512(1) may be made by:

16         (a)  A statement or symbol indicating that the donor

17  has made an anatomical gift that he or she has authorized to

18  be imprinted on his or her driver's license or identification

19  card. Revocation, suspension, expiration, or cancellation of a

20  driver's license or identification card upon which an

21  anatomical gift is indicated does not invalidate the gift.

22         (b)  A statement indicating that the donor has made an

23  anatomical gift that he or she has authorized to be included

24  on the donor registry. Individuals may make such an

25  authorization through online access to the donor registry. The

26  Department of Highway Safety and Motor Vehicles may adopt

27  rules to provide for verification of the identity of such

28  individuals in a manner similar to the verification of

29  identity for online driver's license renewal. An online

30  authorization under this paragraph is evidence of legally

31  sufficient informed consent to donate an anatomical gift, is

                                  6

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






    Florida Senate - 2007                    CS for CS for SB 1350
    585-2552-07




 1  legally binding, and satisfies all signature requirements for

 2  such authorization.

 3         (c)  A will. The gift becomes effective upon the death

 4  of the testator without waiting for probate. If the will is

 5  not probated or if it is declared invalid for testamentary

 6  purposes, the gift is nevertheless valid to the extent that it

 7  has been acted upon in good faith.

 8         (d)1.(2)(a)  A gift of all or part of the body under s.

 9  765.512(1) may also be made by A document other than a will or

10  online authorization. The gift becomes effective upon the

11  death of the donor. The document must be signed by the donor

12  in the presence of two witnesses who shall sign the document

13  in the donor's presence. If the donor cannot sign, the

14  document may be signed for him or her at the donor's direction

15  and in his or her presence and the presence of two witnesses

16  who must sign the document in the donor's presence. Delivery

17  of the document of gift during the donor's lifetime is not

18  necessary to make the gift valid.

19         2.(b)  The following form of written instrument shall

20  be sufficient for any person to give all or part of his or her

21  body for the purposes of this part:

22  

23                        UNIFORM DONOR CARD

24  

25  The undersigned hereby makes this anatomical gift, if

26  medically acceptable, to take effect on death.  The words and

27  marks below indicate my desires:

28  I give:

29         (a)  .... any needed organs, tissues, or eyes or parts;

30         (b)  .... only the following organs, tissues, or eyes

31  or parts

                                  7

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






    Florida Senate - 2007                    CS for CS for SB 1350
    585-2552-07




 1         ...[Specify the organ(s), tissues, or eye(s) or

 2                           part(s)]...

 3  for the purpose of transplantation, therapy, medical research,

 4  or education;

 5         (c)  .... my body for anatomical study if needed.

 6  Limitations or special wishes, if any:

 7     ...(If applicable, list specific donee)...[This must be

 8               arranged in advance with the donee.]

 9  

10  Signed by the donor and the following witnesses in the

11  presence of each other:

12  

13  ...(Signature of donor)...      ...(Date of birth of donor)...

14  ...(Date signed)...                     ...(City and State)...

15  

16  ...(Witness)...                                ...(Witness)...

17  ...(Address)...                                ...(Address)...

18  

19         (2)(3)  The gift may be made to a donee specified by

20  name. If the donee is not specified by name, the gift may be

21  accepted by the attending physician as donee upon or following

22  the donor's death. If the gift is made to a specified donee

23  who is not available at the time and place of death, the

24  attending physician may accept the gift as donee upon or

25  following death in the absence of any expressed indication

26  that the donor desired otherwise. However, the Legislature

27  declares that the public policy of this state prohibits

28  restrictions on the possible recipients of an anatomical gift

29  on the basis of race, color, religion, sex, national origin,

30  age, physical handicap, health status, marital status, or

31  economic status, and such restrictions are hereby declared

                                  8

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






    Florida Senate - 2007                    CS for CS for SB 1350
    585-2552-07




 1  void and unenforceable. The physician who becomes a donee

 2  under this subsection shall not participate in the procedures

 3  for removing or transplanting a part.

 4         (3)(4)  Notwithstanding s. 765.517(2), the donor may

 5  designate in his or her will or other document of gift the

 6  surgeon or physician to carry out the appropriate procedures.

 7  In the absence of a designation or if the designee is not

 8  available, the donee or other person authorized to accept the

 9  gift may employ or authorize any surgeon or physician for the

10  purpose.

11         (4)(5)  Any gift by a member of a class designated in

12  s. 765.512(3) must be made by a document signed by that person

13  or made by that person's witnessed telephonic discussion,

14  telegraphic message, or other recorded message.

15         Section 5.  Section 765.515, Florida Statutes, is

16  amended to read:

17         765.515  Delivery of document; organ and tissue donor

18  registry.--

19         (1)  If a gift is made pursuant to through the program

20  established by the Agency for Health Care Administration and

21  the Department of Highway Safety and Motor Vehicles under the

22  authority of s. 765.521, the completed donor registration card

23  shall be delivered to the Department of Highway Safety and

24  Motor Vehicles and processed as provided in a manner specified

25  in subsection (4), but delivery is not necessary to the

26  validity of the gift. If the donor withdraws the gift, the

27  records of the Department of Highway Safety and Motor Vehicles

28  shall be updated to reflect such withdrawal and the department

29  shall communicate the withdrawal to the Florida Coalition on

30  Donation for the purpose of updating the donor registry.

31  

                                  9

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






    Florida Senate - 2007                    CS for CS for SB 1350
    585-2552-07




 1         (2)  If a gift is not made pursuant to through the

 2  program established by the Agency for Health Care

 3  Administration and the Department of Highway Safety and Motor

 4  Vehicles under the authority of s. 765.521 and is made by the

 5  donor to a specified donee, the document, other than a will,

 6  may be delivered to the donee to expedite the appropriate

 7  procedures immediately after death, but delivery is not

 8  necessary to the validity of the gift. Such document may be

 9  deposited in any hospital, bank, storage facility, or registry

10  office that accepts such documents for safekeeping or for

11  facilitation of procedures after death.

12         (3)  On the request of any interested party upon or

13  after the donor's death, the person in possession shall

14  produce the document for examination.

15         (4)(a)  The Florida Coalition on Donation The Agency

16  for Health Care Administration and the Department of Highway

17  Safety and Motor Vehicles shall maintain develop and implement

18  an organ and tissue donor registry that which shall record,

19  through electronic means, organ and tissue donation records

20  documents submitted through the driver license identification

21  program or through by other sources. The registry shall be

22  maintained in a manner that which will allow, through

23  electronic and telephonic methods, immediate access to organ

24  and tissue donation records documents 24 hours a day, 7 days a

25  week. Hospitals, Organ, and tissue, and eye procurement

26  agencies that are certified by the Agency for Health Care

27  Administration to obtain consent for donation and to screen

28  potential organ and tissue donors, the Florida Coalition on

29  Donation, the Department of Highway Safety and Motor Vehicles,

30  and other parties identified by the agency by rule shall be

31  allowed access through coded means to the information stored

                                  10

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






    Florida Senate - 2007                    CS for CS for SB 1350
    585-2552-07




 1  in the registry. Both the coalition and the Department of

 2  Highway Safety and Motor Vehicles shall have administrative

 3  responsibilities for the registry.

 4         (b)  The coalition shall submit an annual written

 5  report to the Legislature that includes all of the following:

 6         1.  The number of donors on the registry.

 7         2.  The changes in the number of donors on the

 8  registry.

 9         3.  The general characteristics of donors as may be

10  determined from registry information submitted directly by the

11  donors or by the Department of Highway Safety and Motor

12  Vehicles.

13         (c)  Upon request by the Department of Highway Safety

14  and Motor Vehicles, the coalition will provide the department

15  with a list of the names of individuals who joined the donor

16  registry online. This list shall be used to confirm that the

17  identities of all such individuals were verified through the

18  process authorized in s. 765.514(1)(b).

19         (d)  The coalition may receive voluntary contributions

20  to support its activities and the registry.

21         (e)1.  Costs for the orderly transition of the organ

22  and tissue donor registry from the Agency for Health Care

23  Administration to the coalition and for the notification of

24  potential donors of the changes to the registration process

25  shall be paid from the Florida Organ and Tissue Donor

26  Education and Procurement Trust Fund created by s. 765.52155.

27         2.  Except as provided in subparagraph 1., costs of

28  maintaining the organ and tissue donor registry shall be paid

29  from funds collected pursuant to ss. 320.08047 and

30  322.08(6)(b) and from any other funds available to the

31  coalition for this purpose. Funds deposited into the Florida

                                  11

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






    Florida Senate - 2007                    CS for CS for SB 1350
    585-2552-07




 1  Organ and Tissue Donor Education and Procurement Trust Fund

 2  shall be utilized by the Agency for Health Care Administration

 3  for maintaining the organ and tissue donor registry and for

 4  organ and tissue donor education.

 5         Section 6.  At the time of implementation of the

 6  amendments concerning the organ and tissue donor registry in

 7  s. 765.515(4), Florida Statutes, made by this act, the Florida

 8  Coalition on Donation shall assume responsibility for all

 9  aspects of the donor registry and the Agency for Health Care

10  Administration shall provide the coalition with the current

11  registry information, including donor registration documents,

12  for all previously registered donors.

13         Section 7.  The organ and tissue donor registry

14  required by this act to be maintained by the Florida Coalition

15  on Donation is designated as the "Joshua Abbott Organ and

16  Tissue Donor Registry."

17         Section 8.  Section 765.515(4)(e)1., Florida Statutes,

18  as amended by this act, shall expire upon completion of the

19  transition of the organ and tissue donor registry from the

20  Agency for Health Care Administration to the Florida Coalition

21  on Donation and the notification of potential donors of the

22  changes to the registration process.

23         Section 9.  Paragraph (e) is added to subsection (1) of

24  section 765.516, Florida Statutes, to read:

25         765.516  Amendment of the terms of or the revocation of

26  the gift.--

27         (1)  A donor may amend the terms of or revoke an

28  anatomical gift by:

29         (e)  Removal of his or her own name from the donor

30  registry.

31  

                                  12

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






    Florida Senate - 2007                    CS for CS for SB 1350
    585-2552-07




 1         Section 10.  Subsection (3) of section 765.517, Florida

 2  Statutes, is amended to read:

 3         765.517  Rights and duties at death.--

 4         (3)  The organ procurement organization, tissue bank,

 5  or eye bank, or hospital medical professionals under the

 6  direction thereof, may perform any and all tests to evaluate

 7  the deceased as a potential donor and any invasive procedures

 8  on the deceased body in order to preserve the potential

 9  donor's organs. These procedures do not include the surgical

10  removal of an organ or penetrating any body cavity,

11  specifically for the purpose of donation, until:

12         (a)  It has been verified that the deceased's consent

13  to donate appears in the donor registry or until a properly

14  executed donor card or document is located; or,

15         (b)  If a properly executed donor card or document

16  cannot be located and the deceased's consent is not listed on

17  the donor registry, until a person specified in s. 765.512(3)

18  has been located, has been notified of the death, and has

19  granted legal permission for the donation.

20         Section 11.  Section 765.5201, Florida Statutes, is

21  created to read:

22         765.5201  Records and meetings of the

23  coalition.--Records and meetings of the Florida Coalition on

24  Donation are open to the public in accordance with s.

25  119.07(1), s. 286.011, and s. 24, Art. I of the State

26  Constitution, unless otherwise made exempt by law.

27         Section 12.  Section 765.521, Florida Statutes, is

28  amended to read:

29         765.521  Donations as part of driver license or

30  identification card process.--

31  

                                  13

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






    Florida Senate - 2007                    CS for CS for SB 1350
    585-2552-07




 1         (1)  The Agency for Health Care Administration and the

 2  Department of Highway Safety and Motor Vehicles and the

 3  Florida Coalition on Donation shall develop and implement a

 4  program encouraging and allowing persons to make anatomical

 5  gifts as a part of the process of issuing identification cards

 6  and issuing and renewing driver licenses. The donor

 7  registration card distributed by the Department of Highway

 8  Safety and Motor Vehicles shall include the material specified

 9  by s. 765.514(1)(d)2. s. 765.514(2)(b) and may require such

10  additional information, and include such additional material,

11  as may be deemed necessary by that department. The Department

12  of Highway Safety and Motor Vehicles shall also develop and

13  implement a program to identify donors, which program shall

14  include notations on identification cards, driver licenses,

15  and driver records or such other methods as the department may

16  develop. This program shall include, after an individual has

17  completed a donor registration card, making a notation on the

18  front of the driver license or identification card that

19  clearly indicates the individual's intent to donate the

20  individual's organs or tissue. A notation on an individual's

21  driver license or identification card that the individual

22  intends to donate organs or tissues is deemed sufficient to

23  satisfy all requirements for consent to organ or tissue

24  donation. The coalition Agency for Health Care Administration

25  shall provide the necessary supplies and forms through funds

26  collected under ss. 320.08047 and 322.08(6)(b) appropriated

27  from general revenue or contributions from interested

28  voluntary, nonprofit organizations. The Department of Highway

29  Safety and Motor Vehicles shall provide the necessary

30  recordkeeping system through funds appropriated from general

31  revenue. The Department of Highway Safety and Motor Vehicles

                                  14

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






    Florida Senate - 2007                    CS for CS for SB 1350
    585-2552-07




 1  and the coalition Agency for Health Care Administration shall

 2  incur no liability in connection with the performance of any

 3  acts authorized herein.

 4         (2)  The Department of Highway Safety and Motor

 5  Vehicles, after consultation with and concurrence by the

 6  Agency for Health Care Administration, shall adopt rules to

 7  implement the provisions of this section pursuant according to

 8  ss. 120.536(1) and 120.54 the provisions of chapter 120.

 9         (3)  Funds expended by the Agency for Health Care

10  Administration to carry out the intent of this section shall

11  not be taken from any funds appropriated for patient care.

12         Section 13.  Section 765.5215, Florida Statutes, is

13  amended to read:

14         765.5215  Education program relating to anatomical

15  gifts.--

16         (1)  The Florida Coalition on Donation has established,

17  and continues to develop, a program to educate the citizens of

18  Florida, including medical professionals, students, and

19  minority communities, regarding the laws of this state

20  relating to anatomical gifts and the need for anatomical

21  gifts. The Agency for Health Care Administration, Subject to

22  the concurrence of the Department of Highway Safety and Motor

23  Vehicles, the coalition shall expand this program by

24  developing develop a continuing program to educate and inform

25  medical professionals, law enforcement agencies and officers,

26  high school children, state and local government employees,

27  including law enforcement agencies and officers, and the

28  public regarding the laws of this state relating to anatomical

29  gifts and the need for anatomical gifts.

30         (2)(1)  The program is to be implemented with the

31  assistance of the organ and tissue donor education panel as

                                  15

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






    Florida Senate - 2007                    CS for CS for SB 1350
    585-2552-07




 1  provided in s. 765.5216 and with the funds collected under ss.

 2  320.08047 and 322.08(6)(b) and any other funds available to

 3  the coalition for the purpose of education. Existing community

 4  resources, when available, must be used to support the

 5  program, and volunteers may assist the program to the maximum

 6  extent possible. The Agency for Health Care Administration may

 7  contract for the provision of all or any portion of the

 8  program. When awarding such contract, the agency shall give

 9  priority to existing nonprofit groups that are located within

10  the community, including within the minority communities

11  specified in subsection (2). The program aimed at educating

12  medical professionals may be implemented by contract with one

13  or more medical schools located in the state.

14         (2)  The Legislature finds that particular difficulties

15  exist in making members of the various minority communities

16  within the state aware of laws relating to anatomical gifts

17  and the need for anatomical gifts. Therefore, the program

18  shall include, as a demonstration project, activities

19  especially targeted at providing such information to the

20  nonwhite, Hispanic, and Caribbean populations of the state.

21         (3)  The coalition Agency for Health Care

22  Administration shall, no later than March 1 of each year,

23  submit a report to the Legislature containing statistical data

24  on the effectiveness of the program in procuring donor organs

25  and the effect of the program on state spending for health

26  care.

27         (4)  The coalition Agency for Health Care

28  Administration, for the sole purpose of furthering in

29  furtherance of its educational responsibilities regarding

30  organ and tissue donation, shall have access to the buildings

31  

                                  16

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






    Florida Senate - 2007                    CS for CS for SB 1350
    585-2552-07




 1  and workplace areas of all state agencies and political

 2  subdivisions of the state.

 3         Section 14.  Section 765.52155, Florida Statutes, is

 4  amended to read:

 5         765.52155  Florida Organ and Tissue Donor Education and

 6  Procurement Trust Fund.--The Florida Organ and Tissue Donor

 7  Education and Procurement Trust Fund is hereby created, to be

 8  administered by the Agency for Health Care Administration.

 9  Funds shall be credited to the trust fund as provided for in

10  general law.

11         Section 15.  Section 765.5216, Florida Statutes, is

12  repealed.

13         Section 16.  Subsections (2), (5), and (6) of section

14  765.522, Florida Statutes, are amended to read:

15         765.522  Duty of certain hospital administrators;

16  liability of hospital administrators, organ procurement

17  organizations, eye banks, and tissue banks.--

18         (2)  Where, based on accepted medical standards, a

19  hospital patient is a suitable candidate for organ or tissue

20  donation, the hospital administrator or the hospital

21  administrator's designee shall, at or near the time of death,

22  notify the appropriate organ, tissue, or eye recovery program,

23  which shall access the organ and tissue donor registry created

24  by s. 765.515(4) to ascertain the existence of a donor card or

25  document executed by the decedent. In the absence of a donor

26  card, organ donation sticker or organ donation imprint on a

27  driver's license, or other properly executed document, the

28  organ, tissue, or eye recovery program hospital administrator

29  or designee shall request:

30         (a)  The patient's health care surrogate, as permitted

31  in s. 765.512(2); or

                                  17

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






    Florida Senate - 2007                    CS for CS for SB 1350
    585-2552-07




 1         (b)  If the patient does not have a surrogate, or the

 2  surrogate is not reasonably available, any of the persons

 3  specified in s. 765.512(3), in the order and manner of

 4  priority stated in s. 765.512(3),

 5  

 6  to consent to the gift of all or any part of the decedent's

 7  body for any purpose specified in this part. Except as

 8  provided in s. 765.512, in the absence of actual notice of

 9  opposition, consent need only be obtained from the person or

10  persons in the highest priority class reasonably available.

11         (5)  There shall be no civil or criminal liability

12  against any organ procurement organization, eye bank, or

13  tissue bank certified under s. 765.542, or against any

14  hospital or hospital administrator or designee, or against the

15  Florida Coalition on Donation, when complying with the

16  provisions of this part and the rules of the Agency for Health

17  Care Administration or when, in the exercise of reasonable

18  care, a request for organ donation is inappropriate and the

19  gift is not made according to this part and the rules of the

20  Agency for Health Care Administration.

21         (6)  The hospital administrator or a designee shall, at

22  or near the time of death of a potential organ donor, directly

23  notify the affiliated Health Care Financing Administration

24  designated organ procurement organization designated as such

25  by the United States Department of Health and Human Services

26  of the potential organ donor. This organ procurement

27  organization must offer any organ from such a donor first to

28  patients on a Florida-based local or state organ sharing

29  transplant list. For the purpose of this subsection, the term

30  "transplant list" includes certain categories of national or

31  regional organ sharing for patients of exceptional need or

                                  18

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






    Florida Senate - 2007                    CS for CS for SB 1350
    585-2552-07




 1  exceptional match, as approved or mandated by the United

 2  Network for Organ Sharing. This notification must not be made

 3  to a tissue bank or eye bank in lieu of the organ procurement

 4  organization unless the tissue bank or eye bank is also a

 5  Health Care Financing Administration designated as an organ

 6  procurement organization by the United States Department of

 7  Health and Human Services.

 8         Section 17.  Section 765.544, Florida Statutes, is

 9  amended to read:

10         765.544  Fees; Florida Organ and Tissue Donor Education

11  and Procurement Trust Fund.--

12         (1)  The Agency for Health Care Administration shall

13  collect an initial application fee of $1,000 from organ

14  procurement organizations and tissue banks and $500 from eye

15  banks.  The fee must be submitted with each application for

16  initial certification and is nonrefundable.

17         (2)  The Agency for Health Care Administration shall

18  assess annual fees to be used, in the following order of

19  priority, for the certification program and, the advisory

20  board, maintenance of the organ and tissue donor registry, and

21  the organ and tissue donor education program in the following

22  amounts, which may not exceed $35,000 per organization:

23         (a)  Each general organ procurement organization shall

24  pay the greater of $1,000 or 0.25 percent of its total

25  revenues produced from procurement activity in this state by

26  the certificateholder during its most recently completed

27  fiscal year or operational year.

28         (b)  Each bone and tissue procurement agency or bone

29  and tissue bank shall pay the greater of $1,000 or 0.25

30  percent of its total revenues from procurement and processing

31  

                                  19

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






    Florida Senate - 2007                    CS for CS for SB 1350
    585-2552-07




 1  activity in this state by the certificateholder during its

 2  most recently completed fiscal year or operational year.

 3         (c)  Each eye bank shall pay the greater of $500 or

 4  0.25 percent of its total revenues produced from procurement

 5  activity in this state by the certificateholder during its

 6  most recently completed fiscal year or operational year.

 7         (3)  The Agency for Health Care Administration shall

 8  provide by rule for administrative penalties for the purpose

 9  of ensuring adherence to the standards of quality and practice

10  required by this chapter and rules of the agency for continued

11  certification.

12         (4)(a)  Proceeds from fees, administrative penalties,

13  and surcharges collected pursuant to subsections (2) and (3)

14  must be deposited into Health Care the Florida Organ and

15  Tissue Donor Education and Procurement Trust Fund created by

16  s. 408.16 s. 765.52155.

17         (b)  Moneys deposited in the trust fund pursuant to

18  this section must be used exclusively for the implementation,

19  administration, and operation of the certification program and

20  the advisory board, for maintaining the organ and tissue donor

21  registry, and for organ and tissue donor education.

22         (5)  As used in this section, the term "procurement

23  activity in this state" includes the bringing into this state

24  for processing, storage, distribution, or transplantation of

25  organs or tissues that are initially procured in another state

26  or country.

27         Section 18.  In addition to uses of funds provided for

28  in s. 765.544(2) and (4)(b), Florida Statutes, funds governed

29  by those provisions shall be used for the orderly transition

30  of the organ and tissue donor registry from the Agency for

31  Health Care Administration to the Florida Coalition on

                                  20

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






    Florida Senate - 2007                    CS for CS for SB 1350
    585-2552-07




 1  Donation and notification to potential donors of the changes

 2  in the registration process. This section shall expire upon

 3  completion of the transition of the organ and tissue donor

 4  registry from the Agency for Health Care Administration to the

 5  Florida Coalition on Donation and the notification of

 6  potential donors of the changes to the registration process.

 7         Section 19.  Paragraph (a) of subsection (4) of section

 8  215.20, Florida Statutes, is amended to read:

 9         215.20  Certain income and certain trust funds to

10  contribute to the General Revenue Fund.--

11         (4)  The income of a revenue nature deposited in the

12  following described trust funds, by whatever name designated,

13  is that from which the appropriations authorized by subsection

14  (3) shall be made:

15         (a)  Within the Agency for Health Care Administration:

16         1.  The Florida Organ and Tissue Donor Education and

17  Procurement Trust Fund.

18         1.2.  The Health Care Trust Fund.

19         2.3.  The Resident Protection Trust Fund.

20  

21  The enumeration of the foregoing moneys or trust funds shall

22  not prohibit the applicability thereto of s. 215.24 should the

23  Governor determine that for the reasons mentioned in s. 215.24

24  the money or trust funds should be exempt herefrom, as it is

25  the purpose of this law to exempt income from its force and

26  effect when, by the operation of this law, federal matching

27  funds or contributions or private grants to any trust fund

28  would be lost to the state.

29         Section 20.  Section 320.08047, Florida Statutes, is

30  amended to read:

31  

                                  21

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






    Florida Senate - 2007                    CS for CS for SB 1350
    585-2552-07




 1         320.08047  Voluntary contribution for organ and tissue

 2  donor education.--As a part of the collection process for

 3  license taxes as specified in s. 320.08, individuals shall be

 4  permitted to make a voluntary contribution of $1, which

 5  contribution shall be distributed to the Florida Coalition on

 6  Donation deposited into the Florida Organ and Tissue Donor

 7  Education and Procurement Trust Fund for organ and tissue

 8  donor education and for maintaining the organ and tissue donor

 9  registry.

10         Section 21.  Subsection (6) of section 322.08, Florida

11  Statutes, is amended to read:

12         322.08  Application for license.--

13         (6)  The application form for a driver's license or

14  duplicate thereof shall include language permitting the

15  following:

16         (a)  A voluntary contribution of $5 per applicant,

17  which contribution shall be transferred into the Election

18  Campaign Financing Trust Fund.

19         (b)  A voluntary contribution of $1 per applicant,

20  which contribution shall be distributed to the Florida

21  Coalition on Donation deposited into the Florida Organ and

22  Tissue Donor Education and Procurement Trust Fund for organ

23  and tissue donor education and for maintaining the organ and

24  tissue donor registry.

25         (c)  A voluntary contribution of $1 per applicant,

26  which contribution shall be distributed to the Florida Council

27  of the Blind.

28         (d)  A voluntary contribution of $2 per applicant,

29  which shall be distributed to the Hearing Research Institute,

30  Incorporated.

31  

                                  22

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






    Florida Senate - 2007                    CS for CS for SB 1350
    585-2552-07




 1         (e)  A voluntary contribution of $1 per applicant,

 2  which shall be distributed to the Juvenile Diabetes Foundation

 3  International.

 4         (f)  A voluntary contribution of $1 per applicant,

 5  which shall be distributed to the Children's Hearing Help

 6  Fund.

 7  

 8  A statement providing an explanation of the purpose of the

 9  trust funds shall also be included. For the purpose of

10  applying the service charge provided in s. 215.20,

11  contributions received under paragraphs (b), (c), (d), (e),

12  and (f) and under s. 322.18(9)(a) are not income of a revenue

13  nature.

14         Section 22.  The sum of $607,000 in nonrecurring funds

15  is appropriated from the Florida Organ and Tissue Procurement

16  Trust Fund to the Agency for Health Care Administration for

17  the purpose of contracting with the Florida Coalition on

18  Donation for the orderly transition of the organ donor

19  registry.

20         Section 23.  This act shall take effect July 1, 2007.

21  

22          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
23                            CS/SB 1350

24                                 

25  Removes a provision giving effect to an expression of intent
    by an unemancipated minor to donate and giving such statement
26  the same effect as if it had been made by an adult.

27  Provides the sum of $607,000 in nonrecurring funds from the
    Florida Organ and Tissue Procurement Trust Fund to the Agency
28  for Health Care Administration for the purpose of contracting
    with the Florida Coalition on Donation for orderly transition.
29  

30  

31  

                                  23

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