HB 455

1
A bill to be entitled
2An act relating to organ and tissue donation; providing
3findings and intent; amending s. 765.511, F.S.; providing
4a definition; amending s. 765.512, F.S.; providing for
5donation by joining a donor registry; providing for
6validity of a designation of intent to donate by an
7unemancipated minor upon the minor's attaining majority;
8conforming provisions; amending s. 765.514, F.S.;
9providing for authorization of anatomical donations by
10notations on a driver's license or identification card;
11providing for effect on authorization of license
12revocation, suspension, expiration, or cancellation;
13providing for authorization of anatomical donation by
14inclusion on a donor registry; providing for authorization
15of donation through online access to registry; providing
16for rulemaking; revising the uniform donor card; amending
17s. 765.515, F.S.; revising provisions relating to
18communication of specified information to the donor
19registry; providing for administration of the donor
20registry by a specified nonprofit corporation rather than
21by a state agency; revising provisions relating to
22registry administration; requiring an annual report;
23providing for verification of certain online entries;
24providing for voluntary contributions to the registry;
25revising provisions relating to payment of costs of the
26registry; providing for expiration of specified
27transitional provisions; providing for provision of
28current registry information to the Florida Coalition on
29Donation; amending s. 765.516, F.S.; authorizing
30revocation of anatomical gift by a donor through removal
31of his or her name from the donor registry; amending s.
32765.517, F.S.; revising provisions relating to
33verification of a donor's consent at death; creating s.
34765.5201, F.S.; providing legislative findings concerning
35the Florida Coalition on Donation; providing for
36application of public meetings requirements to certain
37meetings of the coalition; amending s. 765.521, F.S.;
38revising provisions relating to authorization of donations
39as a part of the driver license or identification card
40process; amending s. 765.5215, F.S.; revising provisions
41relating to anatomical gift education programs; amending
42s. 765.52155, F.S.; redesignating the Florida Organ and
43Tissue Donor Education and Procurement Trust Fund as the
44Florida Organ and Tissue Procurement Trust Fund; repealing
45s. 765.5216, F.S., relating to the organ and tissue donor
46education panel; amending s. 765.522, F.S.; revising
47duties of hospital administrators at or near the time of
48death of persons who are suitable candidates for organ or
49tissue donation; providing specified immunity to the
50Florida Coalition on Donation; revising authority for
51designation of organ procurement organizations; amending
52s. 765.544, F.S.; revising provisions relating to the use
53of the Florida Organ and Tissue Procurement Trust Fund;
54providing for use of specified funds for certain
55transitional and notification purposes; providing for
56expiration of specified provisions; amending s. 215.20,
57F.S.; conforming provisions to the redesignation of the
58Florida Organ and Tissue Donor Education and Procurement
59Trust Fund as the Florida Organ and Tissue Procurement
60Trust Fund; amending ss. 320.08047 and 322.08, F.S.;
61revising distribution of specified voluntary contributions
62for organ and tissue donor education; providing an
63effective date.
64
65Be It Enacted by the Legislature of the State of Florida:
66
67     Section 1.  (1)  The Legislature finds that:
68     (a)  There exists in the state a shortage of organ and
69tissue donors to provide the organs and tissue that could save
70lives or enhance the quality of life for many Floridians.
71     (b)  There is a need to encourage the various minority
72populations of Florida to donate organs and tissue.
73     (c)  An enhanced program of donor education coupled with an
74online registration process developed and implemented by a
75private not-for-profit entity in cooperation with the Department
76of Highway Safety and Motor Vehicles that will report its
77results to the Agency for Health Care Administration and the
78Legislature will lead to an increase in the number of organ and
79tissue donors registered in Florida.
80     (d)  The Florida Coalition on Donation has been established
81as a not-for-profit entity by the Florida organ procurement
82organizations designated by the United States Department of
83Health and Human Services and Florida tissue banks and eye
84banks, all certified by the Agency for Health Care
85Administration.
86     (2)  It is the intent of the Legislature that the funds
87collected pursuant to ss. 320.08047 and 322.08(6)(b), Florida
88Statutes, be used to maintain the donor registry and for
89educational purposes aimed at increasing the number of organ and
90tissue donors, thus affording more Floridians who are awaiting
91organ or tissue transplants the opportunity for a full and
92productive life.
93     Section 2.  Subsections (4) and (5) of section 765.511,
94Florida Statutes, are renumbered as subsections (5) and (6),
95respectively, and a new subsection (4) is added to that section
96to read:
97     765.511  Definitions.--As used in this part, the term:
98     (4)  "Florida Coalition on Donation" or "coalition" means
99the Florida Coalition on Donation, Inc., a not-for-profit
100corporation.
101     Section 3.  Subsections (2) and (3) of section 765.512,
102Florida Statutes, are amended to read:
103     765.512  Persons who may make an anatomical gift.--
104     (2)  If the decedent has executed an agreement concerning
105an anatomical gift, by signing an organ and tissue donor card,
106by joining the organ donor registry, by expressing his or her
107wish to donate in a living will or advance directive, or by
108signifying his or her intent to donate on his or her driver's
109license or identification card or in some other written form has
110indicated his or her wish to make an anatomical gift, and in the
111absence of actual notice of contrary indications by the
112decedent, the document is evidence of legally sufficient
113informed consent to donate an anatomical gift and is legally
114binding. If an unemancipated minor designates his or her intent
115to donate on his or her driver's license or identification card,
116the designation shall have the same effect as if it had been
117made by an adult once he or she attains the age of majority. Any
118surrogate designated by the decedent pursuant to part II of this
119chapter may give all or any part of the decedent's body for any
120purpose specified in s. 765.510.
121     (3)  If the decedent has not executed an agreement
122concerning an anatomical gift, is not included in the donor
123registry, or has not designated a surrogate pursuant to part II
124of this chapter to make an anatomical gift pursuant to the
125conditions of subsection (2), a member of one of the classes of
126persons listed below, in the order of priority stated and in the
127absence of actual notice of contrary indications by the decedent
128or actual notice of opposition by a member of the same or a
129prior class, may give all or any part of the decedent's body for
130any purpose specified in s. 765.510:
131     (a)  The spouse of the decedent;
132     (b)  An adult son or daughter of the decedent;
133     (c)  Either parent of the decedent;
134     (d)  An adult brother or sister of the decedent;
135     (e)  A grandparent of the decedent;
136     (f)  A guardian of the person of the decedent at the time
137of his or her death; or
138     (g)  A representative ad litem who shall be appointed by a
139court of competent jurisdiction forthwith upon a petition heard
140ex parte filed by any person, which representative ad litem
141shall ascertain that no person of higher priority exists who
142objects to the gift of all or any part of the decedent's body
143and that no evidence exists of the decedent's having made a
144communication expressing a desire that his or her body or body
145parts not be donated upon death;
146
147but no gift shall be made by the spouse if any adult son or
148daughter objects, and provided that those of higher priority, if
149they are reasonably available, have been contacted and made
150aware of the proposed gift, and further provided that a
151reasonable search is made to show that there would have been no
152objection on religious grounds by the decedent.
153     Section 4.  Section 765.514, Florida Statutes, is amended
154to read:
155     765.514  Manner of executing anatomical gifts.--
156     (1)  A gift of all or part of the body under s. 765.512(1)
157may be made by:
158     (a)  A statement or symbol indicating that the donor has
159made an anatomical gift that he or she has authorized to be
160imprinted on his or her driver's license or identification card.
161Revocation, suspension, expiration, or cancellation of a
162driver's license or identification card upon which an anatomical
163gift is indicated does not invalidate the gift.
164     (b)  A statement indicating that the donor has made an
165anatomical gift that he or she has authorized to be included on
166the donor registry. Individuals may make such an authorization
167through online access to the donor registry. The Department of
168Highway Safety and Motor Vehicles shall adopt rules to provide
169for verification of the identity of such individuals in a manner
170similar to the verification of identity for online drivers
171license renewal.
172     (c)  A will. The gift becomes effective upon the death of
173the testator without waiting for probate. If the will is not
174probated or if it is declared invalid for testamentary purposes,
175the gift is nevertheless valid to the extent that it has been
176acted upon in good faith.
177     (d)1.(2)(a)  A gift of all or part of the body under s.
178765.512(1) may also be made by A document other than a will. The
179gift becomes effective upon the death of the donor. The document
180must be signed by the donor in the presence of two witnesses who
181shall sign the document in the donor's presence. If the donor
182cannot sign, the document may be signed for him or her at the
183donor's direction and in his or her presence and the presence of
184two witnesses who must sign the document in the donor's
185presence. Delivery of the document of gift during the donor's
186lifetime is not necessary to make the gift valid.
187     2.(b)  The following form of written instrument shall be
188sufficient for any person to give all or part of his or her body
189for the purposes of this part:
190
191
UNIFORM DONOR CARD
192
193The undersigned hereby makes this anatomical gift, if medically
194acceptable, to take effect on death. The words and marks below
195indicate my desires:
196I give:
197(a)  _____ any needed organs, tissues, or eyes or parts;
198(b)  _____ only the following organs, tissues, or eyes or
199parts
200
[Specify the organ(s), tissue(s), or eye(s) or part(s)]
201for the purpose of transplantation, therapy, medical research,
202or education;
203(c)  _____ my body for anatomical study if needed.
204Limitations or special wishes, if any:
205
(If applicable, list specific donee)[This must be arranged in
206
advance with the donee.]
207
208Signed by the donor and the following witnesses in the presence
209of each other:
210
211  (Signature of donor)                   (Date of birth of donor)  
212  (Date signed)                             (City and State)  
213
214  (Witness)                                       (Witness)  
215  (Address)                                       (Address)  
216     (2)(3)  The gift may be made to a donee specified by name.
217If the donee is not specified by name, the gift may be accepted
218by the attending physician as donee upon or following the
219donor's death. If the gift is made to a specified donee who is
220not available at the time and place of death, the attending
221physician may accept the gift as donee upon or following death
222in the absence of any expressed indication that the donor
223desired otherwise. However, the Legislature declares that the
224public policy of this state prohibits restrictions on the
225possible recipients of an anatomical gift on the basis of race,
226color, religion, sex, national origin, age, physical handicap,
227health status, marital status, or economic status, and such
228restrictions are hereby declared void and unenforceable. The
229physician who becomes a donee under this subsection shall not
230participate in the procedures for removing or transplanting a
231part.
232     (3)(4)  Notwithstanding s. 765.517(2), the donor may
233designate in his or her will or other document of gift the
234surgeon or physician to carry out the appropriate procedures. In
235the absence of a designation or if the designee is not
236available, the donee or other person authorized to accept the
237gift may employ or authorize any surgeon or physician for the
238purpose.
239     (4)(5)  Any gift by a member of a class designated in s.
240765.512(3) must be made by a document signed by that person or
241made by that person's witnessed telephonic discussion,
242telegraphic message, or other recorded message.
243     Section 5.  Section 765.515, Florida Statutes, is amended
244to read:
245     765.515  Delivery of document; organ and tissue donor
246registry.--
247     (1)  If a gift is made pursuant to through the program
248established by the Agency for Health Care Administration and the
249Department of Highway Safety and Motor Vehicles under the
250authority of s. 765.521, the completed donor registration card
251shall be delivered to the Department of Highway Safety and Motor
252Vehicles and processed as provided in a manner specified in
253subsection (4), but delivery is not necessary to the validity of
254the gift. If the donor withdraws the gift, the records of the
255Department of Highway Safety and Motor Vehicles shall be updated
256to reflect such withdrawal and the department shall communicate
257the withdrawal to the Florida Coalition on Donation for the
258purpose of updating the donor registry.
259     (2)  If a gift is not made pursuant to through the program
260established by the Agency for Health Care Administration and the
261Department of Highway Safety and Motor Vehicles under the
262authority of s. 765.521 and is made by the donor to a specified
263donee, the document, other than a will, may be delivered to the
264donee to expedite the appropriate procedures immediately after
265death, but delivery is not necessary to the validity of the
266gift. Such document may be deposited in any hospital, bank,
267storage facility, or registry office that accepts such documents
268for safekeeping or for facilitation of procedures after death.
269     (3)  On the request of any interested party upon or after
270the donor's death, the person in possession shall produce the
271document for examination.
272     (4)(a)  The Florida Coalition on Donation The Agency for
273Health Care Administration and the Department of Highway Safety
274and Motor Vehicles shall maintain develop and implement an organ
275and tissue donor registry that which shall record, through
276electronic means, organ and tissue donation records documents
277submitted through the driver license identification program or
278through by other sources. The registry shall be maintained in a
279manner that which will allow, through electronic and telephonic
280methods, immediate access to organ and tissue donation records
281documents 24 hours a day, 7 days a week. Hospitals, Organ, and
282tissue, and eye procurement agencies that are certified by the
283Agency for Health Care Administration to obtain consent for
284donation and to screen potential organ and tissue donors, the
285Florida Coalition on Donation, the Department of Highway Safety
286and Motor Vehicles, and other parties identified by the agency
287by rule shall be allowed access through coded means to the
288information stored in the registry. Both the coalition and the
289Department of Highway Safety and Motor Vehicles shall have
290administrative responsibilities for the registry.
291     (b)  The coalition shall submit an annual written report to
292the Legislature that includes all of the following:
293     1.  The number of donors on the registry.
294     2.  The changes in the number of donors on the registry.
295     3.  The general characteristics of donors as may be
296determined from registry information submitted directly by the
297donors or by the Department of Highway Safety and Motor
298Vehicles.
299     (c)  Upon request by the Department of Highway Safety and
300Motor Vehicles, the coalition will provide the department with a
301list of the names of individuals who joined the donor registry
302online. This list shall be used to confirm that the identities
303of all such individuals were verified through the process
304authorized in s. 765.514(1)(b).
305     (d)  The coalition may receive voluntary contributions to
306support its activities and the registry.
307     (e)1.  Costs for the orderly transition of the organ and
308tissue donor registry from the Agency for Health Care
309Administration to the coalition and for the notification of
310potential donors of the changes to the registration process
311shall be paid from the Florida Organ and Tissue Donor Education
312and Procurement Trust Fund created by s. 765.52155.
313     2.  Except as provided in subparagraph 1., costs for
314maintaining the organ and tissue donor registry shall be paid
315from funds collected pursuant to ss. 320.08047 and 322.08(6)(b)
316and from any other funds available to the coalition for this
317purpose. Funds deposited into the Florida Organ and Tissue Donor
318Education and Procurement Trust Fund shall be utilized by the
319Agency for Health Care Administration for maintaining the organ
320and tissue donor registry and for organ and tissue donor
321education.
322     Section 6.  At the time of implementation of the amendments
323concerning the organ and tissue donor registry in s. 765.515(4),
324Florida Statutes, made by this act, the Florida Coalition on
325Donation shall assume responsibility for all aspects of the
326donor registry and the Agency for Health Care Administration
327shall provide the coalition with the current registry
328information, including donor registration documents, for all
329previously registered donors.
330     Section 7.  Section 765.515(4)(e)1., Florida Statutes, as
331amended by this act, shall expire upon completion of the
332transition of the organ and tissue donor registry from the
333Agency for Health Care Administration to the Florida Coalition
334on Donation and the notification of potential donors of the
335changes to the registration process.
336     Section 8.  Paragraph (e) is added to subsection (1) of
337section 765.516, Florida Statutes, to read:
338     765.516  Amendment of the terms of or the revocation of the
339gift.--
340     (1)  A donor may amend the terms of or revoke an anatomical
341gift by:
342     (e)  Removal of his or her own name from the donor
343registry.
344     Section 9.  Subsection (3) of section 765.517, Florida
345Statutes, is amended to read:
346     765.517  Rights and duties at death.--
347     (3)  The organ procurement organization, tissue bank, or
348eye bank, or hospital medical professionals under the direction
349thereof, may perform any and all tests to evaluate the deceased
350as a potential donor and any invasive procedures on the deceased
351body in order to preserve the potential donor's organs. These
352procedures do not include the surgical removal of an organ or
353penetrating any body cavity, specifically for the purpose of
354donation, until:
355     (a)  It has been verified that the deceased's consent to
356donate appears in the donor registry or until a properly
357executed donor card or document is located; or,
358     (b)  If a properly executed donor card or document cannot
359be located and the deceased's consent is not listed on the donor
360registry, until a person specified in s. 765.512(3) has been
361located, has been notified of the death, and has granted legal
362permission for the donation.
363     Section 10.  Section 765.5201, Florida Statutes, is created
364to read:
365     765.5201  Meetings of the Florida Coalition on Donation.--
366     (1)(a)  The Legislature finds that the Florida Coalition on
367Donation, a private not-for-profit corporation whose members
368provided organ and tissue donor education to the citizens of
369Florida prior to assumption of responsibility for donor
370education pursuant to s. 765.5215, does not perform a public
371function when preparing general organ and tissue donor education
372programs.
373     (b)  The legislature has delegated the following public
374purposes to the coalition:
375     1.  Operating and maintaining the organ and tissue donor
376registry.
377     2.  Developing and implementing, along with the Department
378of Highway Safety and Motor Vehicles, a program to allow
379individuals to make anatomical gifts through the process of
380issuing and renewing driver licenses and identification cards.
381     3.  Developing a program to educate state and local
382government employees, including law enforcement agencies and
383officers, concerning anatomical gifts.
384     (2)  Any meetings of the governing board of the coalition
385discussing any of these public purposes, as well as meetings
386discussing the expenditure of dollars obtained pursuant to ss.
387320.08047 and 322.08(6)(b), must remain open to the public in
388accordance with s. 286.011 and s. 24(b), Art. I of the State
389Constitution, unless made confidential or exempt by law. Other
390meetings of the governing board of the coalition are not subject
391to s. 286.011 or s. 24(b), Art. I of the State Constitution.
392     Section 11.  Section 765.521, Florida Statutes, is amended
393to read:
394     765.521  Donations as part of driver license or
395identification card process.--
396     (1)  The Agency for Health Care Administration and the
397Department of Highway Safety and Motor Vehicles and the Florida
398Coalition on Donation shall develop and implement a program
399encouraging and allowing persons to make anatomical gifts as a
400part of the process of issuing identification cards and issuing
401and renewing driver licenses. The donor registration card
402distributed by the Department of Highway Safety and Motor
403Vehicles shall include the material specified by s.
404765.514(1)(d)2.(2)(b) and may require such additional
405information, and include such additional material, as may be
406deemed necessary by that department. The Department of Highway
407Safety and Motor Vehicles shall also develop and implement a
408program to identify donors, which program shall include
409notations on identification cards, driver licenses, and driver
410records or such other methods as the department may develop.
411This program shall include, after an individual has completed a
412donor registration card, making a notation on the front of the
413driver license or identification card that clearly indicates the
414individual's intent to donate the individual's organs or tissue.
415A notation on an individual's driver license or identification
416card that the individual intends to donate organs or tissues is
417deemed sufficient to satisfy all requirements for consent to
418organ or tissue donation. The coalition Agency for Health Care
419Administration shall provide the necessary supplies and forms
420through funds collected under ss. 320.08047 and 322.08(6)(b)
421appropriated from general revenue or contributions from
422interested voluntary, nonprofit organizations. The Department of
423Highway Safety and Motor Vehicles shall provide the necessary
424recordkeeping system through funds appropriated from general
425revenue. The Department of Highway Safety and Motor Vehicles and
426the coalition Agency for Health Care Administration shall incur
427no liability in connection with the performance of any acts
428authorized herein.
429     (2)  The Department of Highway Safety and Motor Vehicles,
430after consultation with and concurrence by the Agency for Health
431Care Administration, shall adopt rules to implement the
432provisions of this section pursuant according to ss. 120.536(1)
433and 120.54 the provisions of chapter 120.
434     (3)  Funds expended by the Agency for Health Care
435Administration to carry out the intent of this section shall not
436be taken from any funds appropriated for patient care.
437     Section 12.  Section 765.5215, Florida Statutes, is amended
438to read:
439     765.5215  Education program relating to anatomical gifts.--
440     (1)  The Florida Coalition on Donation has established, and
441continues to develop, a program to educate the citizens of
442Florida, including medical professionals, students, and minority
443communities, regarding the laws of this state relating to
444anatomical gifts and the need for anatomical gifts. The Agency
445for Health Care Administration, Subject to the concurrence of
446the Department of Highway Safety and Motor Vehicles, the
447coalition shall expand this program by developing develop a
448continuing program to educate and inform medical professionals,
449law enforcement agencies and officers, high school children,
450state and local government employees, including law enforcement
451agencies and officers, and the public regarding the laws of this
452state relating to anatomical gifts and the need for anatomical
453gifts.
454     (2)(1)  The program is to be implemented with the
455assistance of the organ and tissue donor education panel as
456provided in s. 765.5216 and with the funds collected under ss.
457320.08047 and 322.08(6)(b) and any other funds available to the
458coalition for the purpose of education. Existing community
459resources, when available, must be used to support the program,
460and volunteers may assist the program to the maximum extent
461possible. The Agency for Health Care Administration may contract
462for the provision of all or any portion of the program. When
463awarding such contract, the agency shall give priority to
464existing nonprofit groups that are located within the community,
465including within the minority communities specified in
466subsection (2). The program aimed at educating medical
467professionals may be implemented by contract with one or more
468medical schools located in the state.
469     (2)  The Legislature finds that particular difficulties
470exist in making members of the various minority communities
471within the state aware of laws relating to anatomical gifts and
472the need for anatomical gifts. Therefore, the program shall
473include, as a demonstration project, activities especially
474targeted at providing such information to the nonwhite,
475Hispanic, and Caribbean populations of the state.
476     (3)  The coalition Agency for Health Care Administration
477shall, no later than March 1 of each year, submit a report to
478the Legislature containing statistical data on the effectiveness
479of the program in procuring donor organs and the effect of the
480program on state spending for health care.
481     (4)  The coalition Agency for Health Care Administration,
482for the sole purpose of furthering in furtherance of its
483educational responsibilities regarding organ and tissue
484donation, shall have access to the buildings and workplace areas
485of all state agencies and political subdivisions of the state.
486     Section 13.  Section 765.52155, Florida Statutes, is
487amended to read:
488     765.52155  Florida Organ and Tissue Donor Education and
489Procurement Trust Fund.--The Florida Organ and Tissue Donor
490Education and Procurement Trust Fund is hereby created, to be
491administered by the Agency for Health Care Administration. Funds
492shall be credited to the trust fund as provided for in general
493law.
494     Section 14.  Section 765.5216, Florida Statutes, is
495repealed.
496     Section 15.  Subsections (2), (5), and (6) of section
497765.522, Florida Statutes, are amended to read:
498     765.522  Duty of certain hospital administrators; liability
499of hospital administrators, organ procurement organizations, eye
500banks, and tissue banks.--
501     (2)  Where, based on accepted medical standards, a hospital
502patient is a suitable candidate for organ or tissue donation,
503the hospital administrator or the hospital administrator's
504designee shall, at or near the time of death, notify the
505appropriate organ, tissue, or eye recovery program, which shall
506access the organ and tissue donor registry created by s.
507765.515(4) to ascertain the existence of a donor card or
508document executed by the decedent. In the absence of a donor
509card, organ donation sticker or organ donation imprint on a
510driver's license, or other properly executed document, the
511organ, tissue, or eye recovery program hospital administrator or
512designee shall request:
513     (a)  The patient's health care surrogate, as permitted in
514s. 765.512(2); or
515     (b)  If the patient does not have a surrogate, or the
516surrogate is not reasonably available, any of the persons
517specified in s. 765.512(3), in the order and manner of priority
518stated in s. 765.512(3),
519
520to consent to the gift of all or any part of the decedent's body
521for any purpose specified in this part. Except as provided in s.
522765.512, in the absence of actual notice of opposition, consent
523need only be obtained from the person or persons in the highest
524priority class reasonably available.
525     (5)  There shall be no civil or criminal liability against
526any organ procurement organization, eye bank, or tissue bank
527certified under s. 765.542, or against any hospital or hospital
528administrator or designee, or against the Florida Coalition on
529Donation, when complying with the provisions of this part and
530the rules of the Agency for Health Care Administration or when,
531in the exercise of reasonable care, a request for organ donation
532is inappropriate and the gift is not made according to this part
533and the rules of the Agency for Health Care Administration.
534     (6)  The hospital administrator or a designee shall, at or
535near the time of death of a potential organ donor, directly
536notify the affiliated Health Care Financing Administration
537designated organ procurement organization designated as such by
538the United States Department of Health and Human Services of the
539potential organ donor. This organ procurement organization must
540offer any organ from such a donor first to patients on a
541Florida-based local or state organ sharing transplant list. For
542the purpose of this subsection, the term "transplant list"
543includes certain categories of national or regional organ
544sharing for patients of exceptional need or exceptional match,
545as approved or mandated by the United Network for Organ Sharing.
546This notification must not be made to a tissue bank or eye bank
547in lieu of the organ procurement organization unless the tissue
548bank or eye bank is also a Health Care Financing Administration
549designated as an organ procurement organization by the United
550States Department of Health and Human Services.
551     Section 16.  Subsections (2) and (4) of section 765.544,
552Florida Statutes, are amended to read:
553     765.544  Fees; Florida Organ and Tissue Donor Education and
554Procurement Trust Fund.--
555     (2)  The Agency for Health Care Administration shall assess
556annual fees to be used, in the following order of priority, for
557the certification program and, the advisory board, maintenance
558of the organ and tissue donor registry, and the organ and tissue
559donor education program in the following amounts, which may not
560exceed $35,000 per organization:
561     (a)  Each general organ procurement organization shall pay
562the greater of $1,000 or 0.25 percent of its total revenues
563produced from procurement activity in this state by the
564certificateholder during its most recently completed fiscal year
565or operational year.
566     (b)  Each bone and tissue procurement agency or bone and
567tissue bank shall pay the greater of $1,000 or 0.25 percent of
568its total revenues from procurement and processing activity in
569this state by the certificateholder during its most recently
570completed fiscal year or operational year.
571     (c)  Each eye bank shall pay the greater of $500 or 0.25
572percent of its total revenues produced from procurement activity
573in this state by the certificateholder during its most recently
574completed fiscal year or operational year.
575     (4)(a)  Proceeds from fees, administrative penalties, and
576surcharges collected pursuant to subsections (2) and (3) must be
577deposited into the Florida Organ and Tissue Donor Education and
578Procurement Trust Fund created by s. 765.52155.
579     (b)  Moneys deposited in the trust fund pursuant to this
580section must be used exclusively for the implementation,
581administration, and operation of the certification program and
582the advisory board, for maintaining the organ and tissue donor
583registry, and for organ and tissue donor education.
584     Section 17.  In addition to uses of funds provided for in
585s. 765.544(2) and (4)(b), Florida Statutes, funds governed by
586those provisions shall be used for the orderly transition of the
587organ and tissue donor registry from the Agency for Health Care
588Administration to the Florida Coalition on Donation and
589notification to potential donors of the changes in the
590registration process. This section shall expire upon completion
591of the transition of the organ and tissue donor registry from
592the Agency for Health Care Administration to the Florida
593Coalition on Donation and the notification of potential donors
594of the changes to the registration process.
595     Section 18.  Paragraph (a) of subsection (4) of section
596215.20, Florida Statutes, is amended to read:
597     215.20  Certain income and certain trust funds to
598contribute to the General Revenue Fund.--
599     (4)  The income of a revenue nature deposited in the
600following described trust funds, by whatever name designated, is
601that from which the appropriations authorized by subsection (3)
602shall be made:
603     (a)  Within the Agency for Health Care Administration:
604     1.  The Florida Organ and Tissue Donor Education and
605Procurement Trust Fund.
606     2.  The Health Care Trust Fund.
607     3.  The Resident Protection Trust Fund.
608
609The enumeration of the foregoing moneys or trust funds shall not
610prohibit the applicability thereto of s. 215.24 should the
611Governor determine that for the reasons mentioned in s. 215.24
612the money or trust funds should be exempt herefrom, as it is the
613purpose of this law to exempt income from its force and effect
614when, by the operation of this law, federal matching funds or
615contributions or private grants to any trust fund would be lost
616to the state.
617     Section 19.  Section 320.08047, Florida Statutes, is
618amended to read:
619     320.08047  Voluntary contribution for organ and tissue
620donor education.--As a part of the collection process for
621license taxes as specified in s. 320.08, individuals shall be
622permitted to make a voluntary contribution of $1, which
623contribution shall be distributed to the Florida Coalition on
624Donation deposited into the Florida Organ and Tissue Donor
625Education and Procurement Trust Fund for organ and tissue donor
626education and for maintaining the organ and tissue donor
627registry.
628     Section 20.  Subsection (6) of section 322.08, Florida
629Statutes, is amended to read:
630     322.08  Application for license.--
631     (6)  The application form for a driver's license or
632duplicate thereof shall include language permitting the
633following:
634     (a)  A voluntary contribution of $5 per applicant, which
635contribution shall be transferred into the Election Campaign
636Financing Trust Fund.
637     (b)  A voluntary contribution of $1 per applicant, which
638contribution shall be distributed to the Florida Coalition on
639Donation deposited into the Florida Organ and Tissue Donor
640Education and Procurement Trust Fund for organ and tissue donor
641education and for maintaining the organ and tissue donor
642registry.
643     (c)  A voluntary contribution of $1 per applicant, which
644contribution shall be distributed to the Florida Council of the
645Blind.
646     (d)  A voluntary contribution of $2 per applicant, which
647shall be distributed to the Hearing Research Institute,
648Incorporated.
649     (e)  A voluntary contribution of $1 per applicant, which
650shall be distributed to the Juvenile Diabetes Foundation
651International.
652     (f)  A voluntary contribution of $1 per applicant, which
653shall be distributed to the Children's Hearing Help Fund.
654
655A statement providing an explanation of the purpose of the trust
656funds shall also be included. For the purpose of applying the
657service charge provided in s. 215.20, contributions received
658under paragraphs (b), (c), (d), (e), and (f) and under s.
659322.18(9)(a) are not income of a revenue nature.
660     Section 21.  This act shall take effect July 1, 2007.


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