CS/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; conforming
6provisions; amending s. 765.514, F.S.; providing for
7authorization of anatomical donations by notations on a
8driver's license or identification card; providing for
9effect on authorization of license revocation, suspension,
10expiration, or cancellation; providing for authorization
11of anatomical donation by inclusion on a donor registry;
12providing for authorization of donation through online
13access to registry; providing for rulemaking; specifying
14the effects of an online authorization; revising the
15uniform donor card; amending s. 765.515, F.S.; revising
16provisions relating to communication of specified
17information to the donor registry; providing for
18administration of the donor registry by a specified
19nonprofit corporation rather than by a state agency;
20revising provisions relating to registry administration;
21requiring an annual report; providing for verification of
22certain online entries; providing for voluntary
23contributions to the registry; revising provisions
24relating to payment of costs of the registry; providing
25for provision of current registry information to the
26Florida Coalition on Donation; designating the Joshua
27Abbott Organ and Tissue Donor Registry; providing for
28expiration of specified transitional provisions; amending
29s. 765.516, F.S.; authorizing revocation of anatomical
30gift by a donor through removal of his or her name from
31the donor registry; amending s. 765.517, F.S.; revising
32provisions relating to verification of a donor's consent
33at death; creating s. 765.5201, F.S.; providing for
34application of public records and meetings requirements to
35the Florida Coalition on Donation; amending s. 765.521,
36F.S.; revising provisions relating to authorization of
37donations as a part of the driver license or
38identification card process; amending s. 765.5215, F.S.;
39revising provisions relating to anatomical gift education
40programs; amending s. 765.52155, F.S.; redesignating the
41Florida Organ and Tissue Donor Education and Procurement
42Trust Fund as the Florida Organ and Tissue Procurement
43Trust Fund; repealing s. 765.5216, F.S., relating to the
44organ and tissue donor education panel; amending s.
45765.522, F.S.; revising duties of hospital administrators
46at or near the time of death of persons who are suitable
47candidates for organ or tissue donation; providing
48specified immunity to the Florida Coalition on Donation;
49revising authority for designation of organ procurement
50organizations; amending s. 765.544, F.S.; revising
51provisions relating to the use of the Florida Organ and
52Tissue Procurement Trust Fund; providing for use of
53specified funds for certain transitional and notification
54purposes; revising disposition of certain fees, penalties,
55and surcharges; providing for expiration of specified
56provisions; amending s. 215.20, F.S.; deleting a specified
57trust fund from provisions relating to a trust fund
58surcharge; amending ss. 320.08047 and 322.08, F.S.;
59revising distribution of specified voluntary contributions
60for organ and tissue donor education; providing an
61effective date.
62
63Be It Enacted by the Legislature of the State of Florida:
64
65     Section 1.  (1)  The Legislature finds that:
66     (a)  There exists in the state a shortage of organ and
67tissue donors to provide the organs and tissue that could save
68lives or enhance the quality of life for many Floridians.
69     (b)  There is a need to encourage the various minority
70populations of Florida to donate organs and tissue.
71     (c)  An enhanced program of donor education coupled with an
72online registration process developed and implemented by a
73private not-for-profit entity in cooperation with the Department
74of Highway Safety and Motor Vehicles that will report its
75results to the Agency for Health Care Administration and the
76Legislature will lead to an increase in the number of organ and
77tissue donors registered in Florida.
78     (d)  The Florida Coalition on Donation has been established
79as a not-for-profit entity by the Florida organ procurement
80organizations designated by the United States Department of
81Health and Human Services and Florida tissue banks and eye
82banks, all certified by the Agency for Health Care
83Administration.
84     (2)  It is the intent of the Legislature that the funds
85collected pursuant to ss. 320.08047 and 322.08(6)(b), Florida
86Statutes, be used to maintain the donor registry and for
87educational purposes aimed at increasing the number of organ and
88tissue donors, thus affording more Floridians who are awaiting
89organ or tissue transplants the opportunity for a full and
90productive life.
91     Section 2.  Subsections (4) and (5) of section 765.511,
92Florida Statutes, are renumbered as subsections (5) and (6),
93respectively, and a new subsection (4) is added to that section
94to read:
95     765.511  Definitions.--As used in this part, the term:
96     (4)  "Florida Coalition on Donation" or "coalition" means
97the Florida Coalition on Donation, Inc., a not-for-profit
98corporation.
99     Section 3.  Subsections (2) and (3) of section 765.512,
100Florida Statutes, are amended to read:
101     765.512  Persons who may make an anatomical gift.--
102     (2)  If the decedent has executed an agreement concerning
103an anatomical gift, by signing an organ and tissue donor card,
104by joining the organ donor registry, by expressing his or her
105wish to donate in a living will or advance directive, or by
106signifying his or her intent to donate on his or her driver's
107license or identification card or in some other written form has
108indicated his or her wish to make an anatomical gift, and in the
109absence of actual notice of contrary indications by the
110decedent, the document is evidence of legally sufficient
111informed consent to donate an anatomical gift and is legally
112binding. Any surrogate designated by the decedent pursuant to
113part II of this chapter may give all or any part of the
114decedent's body for any purpose specified in s. 765.510.
115     (3)  If the decedent has not executed an agreement
116concerning an anatomical gift, is not included in the donor
117registry, or has not designated a surrogate pursuant to part II
118of this chapter to make an anatomical gift pursuant to the
119conditions of subsection (2), a member of one of the classes of
120persons listed below, in the order of priority stated and in the
121absence of actual notice of contrary indications by the decedent
122or actual notice of opposition by a member of the same or a
123prior class, may give all or any part of the decedent's body for
124any purpose specified in s. 765.510:
125     (a)  The spouse of the decedent;
126     (b)  An adult son or daughter of the decedent;
127     (c)  Either parent of the decedent;
128     (d)  An adult brother or sister of the decedent;
129     (e)  A grandparent of the decedent;
130     (f)  A guardian of the person of the decedent at the time
131of his or her death; or
132     (g)  A representative ad litem who shall be appointed by a
133court of competent jurisdiction forthwith upon a petition heard
134ex parte filed by any person, which representative ad litem
135shall ascertain that no person of higher priority exists who
136objects to the gift of all or any part of the decedent's body
137and that no evidence exists of the decedent's having made a
138communication expressing a desire that his or her body or body
139parts not be donated upon death;
140
141but no gift shall be made by the spouse if any adult son or
142daughter objects, and provided that those of higher priority, if
143they are reasonably available, have been contacted and made
144aware of the proposed gift, and further provided that a
145reasonable search is made to show that there would have been no
146objection on religious grounds by the decedent.
147     Section 4.  Section 765.514, Florida Statutes, is amended
148to read:
149     765.514  Manner of executing anatomical gifts.--
150     (1)  A gift of all or part of the body under s. 765.512(1)
151may be made by:
152     (a)  A statement or symbol indicating that the donor has
153made an anatomical gift that he or she has authorized to be
154imprinted on his or her driver's license or identification card.
155Revocation, suspension, expiration, or cancellation of a
156driver's license or identification card upon which an anatomical
157gift is indicated does not invalidate the gift.
158     (b)  A statement indicating that the donor has made an
159anatomical gift that he or she has authorized to be included on
160the donor registry. Individuals may make such an authorization
161through online access to the donor registry. The Department of
162Highway Safety and Motor Vehicles may adopt rules to provide for
163verification of the identity of such individuals in a manner
164similar to the verification of identity for online driver's
165license renewal. An online authorization under this paragraph is
166evidence of legally sufficient informed consent to donate an
167anatomical gift, is legally binding, and satisfies all signature
168requirements for such authorization.
169     (c)  A will. The gift becomes effective upon the death of
170the testator without waiting for probate. If the will is not
171probated or if it is declared invalid for testamentary purposes,
172the gift is nevertheless valid to the extent that it has been
173acted upon in good faith.
174     (d)1.(2)(a)  A gift of all or part of the body under s.
175765.512(1) may also be made by A document other than a will or
176online authorization. The gift becomes effective upon the death
177of the donor. The document must be signed by the donor in the
178presence of two witnesses who shall sign the document in the
179donor's presence. If the donor cannot sign, the document may be
180signed for him or her at the donor's direction and in his or her
181presence and the presence of two witnesses who must sign the
182document in the donor's presence. Delivery of the document of
183gift during the donor's lifetime is not necessary to make the
184gift valid.
185     2.(b)  The following form of written instrument shall be
186sufficient for any person to give all or part of his or her body
187for the purposes of this part:
188
189
UNIFORM DONOR CARD
190
191The undersigned hereby makes this anatomical gift, if medically
192acceptable, to take effect on death. The words and marks below
193indicate my desires:
194I give:
195(a)  _____ any needed organs, tissues, or eyes or parts;
196(b)  _____ only the following organs, tissues, or eyes or
197parts
198
[Specify the organ(s), tissue(s), or eye(s) or part(s)]
199for the purpose of transplantation, therapy, medical research,
200or education;
201(c)  _____ my body for anatomical study if needed.
202Limitations or special wishes, if any:
203
  (If applicable, list specific donee)  [This must be arranged
204
in advance with the donee.]
205
206Signed by the donor and the following witnesses in the presence
207of each other:
208
209  (Signature of donor)                   (Date of birth of donor)  
210  (Date signed)                             (City and State)  
211
212  (Witness)                                       (Witness)  
213  (Address)                                       (Address)  
214     (2)(3)  The gift may be made to a donee specified by name.
215If the donee is not specified by name, the gift may be accepted
216by the attending physician as donee upon or following the
217donor's death. If the gift is made to a specified donee who is
218not available at the time and place of death, the attending
219physician may accept the gift as donee upon or following death
220in the absence of any expressed indication that the donor
221desired otherwise. However, the Legislature declares that the
222public policy of this state prohibits restrictions on the
223possible recipients of an anatomical gift on the basis of race,
224color, religion, sex, national origin, age, physical handicap,
225health status, marital status, or economic status, and such
226restrictions are hereby declared void and unenforceable. The
227physician who becomes a donee under this subsection shall not
228participate in the procedures for removing or transplanting a
229part.
230     (3)(4)  Notwithstanding s. 765.517(2), the donor may
231designate in his or her will or other document of gift the
232surgeon or physician to carry out the appropriate procedures. In
233the absence of a designation or if the designee is not
234available, the donee or other person authorized to accept the
235gift may employ or authorize any surgeon or physician for the
236purpose.
237     (4)(5)  Any gift by a member of a class designated in s.
238765.512(3) must be made by a document signed by that person or
239made by that person's witnessed telephonic discussion,
240telegraphic message, or other recorded message.
241     Section 5.  Section 765.515, Florida Statutes, is amended
242to read:
243     765.515  Delivery of document; organ and tissue donor
244registry.--
245     (1)  If a gift is made pursuant to through the program
246established by the Agency for Health Care Administration and the
247Department of Highway Safety and Motor Vehicles under the
248authority of s. 765.521, the completed donor registration card
249shall be delivered to the Department of Highway Safety and Motor
250Vehicles and processed as provided in a manner specified in
251subsection (4), but delivery is not necessary to the validity of
252the gift. If the donor withdraws the gift, the records of the
253Department of Highway Safety and Motor Vehicles shall be updated
254to reflect such withdrawal and the department shall communicate
255the withdrawal to the Florida Coalition on Donation for the
256purpose of updating the donor registry.
257     (2)  If a gift is not made pursuant to through the program
258established by the Agency for Health Care Administration and the
259Department of Highway Safety and Motor Vehicles under the
260authority of s. 765.521 and is made by the donor to a specified
261donee, the document, other than a will, may be delivered to the
262donee to expedite the appropriate procedures immediately after
263death, but delivery is not necessary to the validity of the
264gift. Such document may be deposited in any hospital, bank,
265storage facility, or registry office that accepts such documents
266for safekeeping or for facilitation of procedures after death.
267     (3)  On the request of any interested party upon or after
268the donor's death, the person in possession shall produce the
269document for examination.
270     (4)(a)  The Florida Coalition on Donation The Agency for
271Health Care Administration and the Department of Highway Safety
272and Motor Vehicles shall maintain develop and implement an organ
273and tissue donor registry that which shall record, through
274electronic means, organ and tissue donation records documents
275submitted through the driver license identification program or
276through by other sources. The registry shall be maintained in a
277manner that which will allow, through electronic and telephonic
278methods, immediate access to organ and tissue donation records
279documents 24 hours a day, 7 days a week. Hospitals, Organ, and
280tissue, and eye procurement agencies that are certified by the
281Agency for Health Care Administration to obtain consent for
282donation and to screen potential organ and tissue donors, the
283Florida Coalition on Donation, the Department of Highway Safety
284and Motor Vehicles, and other parties identified by the agency
285by rule shall be allowed access through coded means to the
286information stored in the registry. Both the coalition and the
287Department of Highway Safety and Motor Vehicles shall have
288administrative responsibilities for the registry.
289     (b)  The coalition shall submit an annual written report to
290the Legislature that includes all of the following:
291     1.  The number of donors on the registry.
292     2.  The changes in the number of donors on the registry.
293     3.  The general characteristics of donors as may be
294determined from registry information submitted directly by the
295donors or by the Department of Highway Safety and Motor
296Vehicles.
297     (c)  Upon request by the Department of Highway Safety and
298Motor Vehicles, the coalition will provide the department with a
299list of the names of individuals who joined the donor registry
300online. This list shall be used to confirm that the identities
301of all such individuals were verified through the process
302authorized in s. 765.514(1)(b).
303     (d)  The coalition may receive voluntary contributions to
304support its activities and the registry.
305     (e)1.  Costs for the orderly transition of the organ and
306tissue donor registry from the Agency for Health Care
307Administration to the coalition and for the notification of
308potential donors of the changes to the registration process
309shall be paid from the Florida Organ and Tissue Donor Education
310and Procurement Trust Fund created by s. 765.52155.
311     2.  Except as provided in subparagraph 1., costs for
312maintaining the organ and tissue donor registry shall be paid
313from funds collected pursuant to ss. 320.08047 and 322.08(6)(b)
314and from any other funds available to the coalition for this
315purpose. Funds deposited into the Florida Organ and Tissue Donor
316Education and Procurement Trust Fund shall be utilized by the
317Agency for Health Care Administration for maintaining the organ
318and tissue donor registry and for organ and tissue donor
319education.
320     Section 6.  At the time of implementation of the amendments
321concerning the organ and tissue donor registry in s. 765.515(4),
322Florida Statutes, made by this act, the Florida Coalition on
323Donation shall assume responsibility for all aspects of the
324donor registry and the Agency for Health Care Administration
325shall provide the coalition with the current registry
326information, including donor registration documents, for all
327previously registered donors.
328     Section 7.  The organ and tissue donor registry required by
329this act to be maintained by the Florida Coalition on Donation
330is designated as the "Joshua Abbott Organ and Tissue Donor
331Registry."
332     Section 8.  Section 765.515(4)(e)1., Florida Statutes, as
333amended by this act, shall expire upon completion of the
334transition of the organ and tissue donor registry from the
335Agency for Health Care Administration to the Florida Coalition
336on Donation and the notification of potential donors of the
337changes to the registration process.
338     Section 9.  Paragraph (e) is added to subsection (1) of
339section 765.516, Florida Statutes, to read:
340     765.516  Amendment of the terms of or the revocation of the
341gift.--
342     (1)  A donor may amend the terms of or revoke an anatomical
343gift by:
344     (e)  Removal of his or her own name from the donor
345registry.
346     Section 10.  Subsection (3) of section 765.517, Florida
347Statutes, is amended to read:
348     765.517  Rights and duties at death.--
349     (3)  The organ procurement organization, tissue bank, or
350eye bank, or hospital medical professionals under the direction
351thereof, may perform any and all tests to evaluate the deceased
352as a potential donor and any invasive procedures on the deceased
353body in order to preserve the potential donor's organs. These
354procedures do not include the surgical removal of an organ or
355penetrating any body cavity, specifically for the purpose of
356donation, until:
357     (a)  It has been verified that the deceased's consent to
358donate appears in the donor registry or until a properly
359executed donor card or document is located; or,
360     (b)  If a properly executed donor card or document cannot
361be located and the deceased's consent is not listed on the donor
362registry, until a person specified in s. 765.512(3) has been
363located, has been notified of the death, and has granted legal
364permission for the donation.
365     Section 11.  Section 765.5201, Florida Statutes, is created
366to read:
367     765.5201  Records and meetings of the coalition.--Records
368and meetings of the Florida Coalition on Donation are open to
369the public in accordance with s. 119.07(1), s. 286.011, and s.
37024, Art. I of the State Constitution, unless otherwise made
371exempt by law.
372     Section 12.  Section 765.521, Florida Statutes, is amended
373to read:
374     765.521  Donations as part of driver license or
375identification card process.--
376     (1)  The Agency for Health Care Administration and the
377Department of Highway Safety and Motor Vehicles and the Florida
378Coalition on Donation shall develop and implement a program
379encouraging and allowing persons to make anatomical gifts as a
380part of the process of issuing identification cards and issuing
381and renewing driver licenses. The donor registration card
382distributed by the Department of Highway Safety and Motor
383Vehicles shall include the material specified by s.
384765.514(1)(d)2.(2)(b) and may require such additional
385information, and include such additional material, as may be
386deemed necessary by that department. The Department of Highway
387Safety and Motor Vehicles shall also develop and implement a
388program to identify donors, which program shall include
389notations on identification cards, driver licenses, and driver
390records or such other methods as the department may develop.
391This program shall include, after an individual has completed a
392donor registration card, making a notation on the front of the
393driver license or identification card that clearly indicates the
394individual's intent to donate the individual's organs or tissue.
395A notation on an individual's driver license or identification
396card that the individual intends to donate organs or tissues is
397deemed sufficient to satisfy all requirements for consent to
398organ or tissue donation. The coalition Agency for Health Care
399Administration shall provide the necessary supplies and forms
400through funds collected under ss. 320.08047 and 322.08(6)(b)
401appropriated from general revenue or contributions from
402interested voluntary, nonprofit organizations. The Department of
403Highway Safety and Motor Vehicles shall provide the necessary
404recordkeeping system through funds appropriated from general
405revenue. The Department of Highway Safety and Motor Vehicles and
406the coalition Agency for Health Care Administration shall incur
407no liability in connection with the performance of any acts
408authorized herein.
409     (2)  The Department of Highway Safety and Motor Vehicles,
410after consultation with and concurrence by the Agency for Health
411Care Administration, shall adopt rules to implement the
412provisions of this section pursuant according to ss. 120.536(1)
413and 120.54 the provisions of chapter 120.
414     (3)  Funds expended by the Agency for Health Care
415Administration to carry out the intent of this section shall not
416be taken from any funds appropriated for patient care.
417     Section 13.  Section 765.5215, Florida Statutes, is amended
418to read:
419     765.5215  Education program relating to anatomical gifts.--
420     (1)  The Florida Coalition on Donation has established, and
421continues to develop, a program to educate the citizens of
422Florida, including medical professionals, students, and minority
423communities, regarding the laws of this state relating to
424anatomical gifts and the need for anatomical gifts. The Agency
425for Health Care Administration, Subject to the concurrence of
426the Department of Highway Safety and Motor Vehicles, the
427coalition shall expand this program by developing develop a
428continuing program to educate and inform medical professionals,
429law enforcement agencies and officers, high school children,
430state and local government employees, including law enforcement
431agencies and officers, and the public regarding the laws of this
432state relating to anatomical gifts and the need for anatomical
433gifts.
434     (2)(1)  The program is to be implemented with the
435assistance of the organ and tissue donor education panel as
436provided in s. 765.5216 and with the funds collected under ss.
437320.08047 and 322.08(6)(b) and any other funds available to the
438coalition for the purpose of education. Existing community
439resources, when available, must be used to support the program,
440and volunteers may assist the program to the maximum extent
441possible. The Agency for Health Care Administration may contract
442for the provision of all or any portion of the program. When
443awarding such contract, the agency shall give priority to
444existing nonprofit groups that are located within the community,
445including within the minority communities specified in
446subsection (2). The program aimed at educating medical
447professionals may be implemented by contract with one or more
448medical schools located in the state.
449     (2)  The Legislature finds that particular difficulties
450exist in making members of the various minority communities
451within the state aware of laws relating to anatomical gifts and
452the need for anatomical gifts. Therefore, the program shall
453include, as a demonstration project, activities especially
454targeted at providing such information to the nonwhite,
455Hispanic, and Caribbean populations of the state.
456     (3)  The coalition Agency for Health Care Administration
457shall, no later than March 1 of each year, submit a report to
458the Legislature containing statistical data on the effectiveness
459of the program in procuring donor organs and the effect of the
460program on state spending for health care.
461     (4)  The coalition Agency for Health Care Administration,
462for the sole purpose of furthering in furtherance of its
463educational responsibilities regarding organ and tissue
464donation, shall have access to the buildings and workplace areas
465of all state agencies and political subdivisions of the state.
466     Section 14.  Section 765.52155, Florida Statutes, is
467amended to read:
468     765.52155  Florida Organ and Tissue Donor Education and
469Procurement Trust Fund.--The Florida Organ and Tissue Donor
470Education and Procurement Trust Fund is hereby created, to be
471administered by the Agency for Health Care Administration. Funds
472shall be credited to the trust fund as provided for in general
473law.
474     Section 15.  Section 765.5216, Florida Statutes, is
475repealed.
476     Section 16.  Subsections (2), (5), and (6) of section
477765.522, Florida Statutes, are amended to read:
478     765.522  Duty of certain hospital administrators; liability
479of hospital administrators, organ procurement organizations, eye
480banks, and tissue banks.--
481     (2)  Where, based on accepted medical standards, a hospital
482patient is a suitable candidate for organ or tissue donation,
483the hospital administrator or the hospital administrator's
484designee shall, at or near the time of death, notify the
485appropriate organ, tissue, or eye recovery program, which shall
486access the organ and tissue donor registry created by s.
487765.515(4) to ascertain the existence of a donor card or
488document executed by the decedent. In the absence of a donor
489card, organ donation sticker or organ donation imprint on a
490driver's license, or other properly executed document, the
491organ, tissue, or eye recovery program hospital administrator or
492designee shall request:
493     (a)  The patient's health care surrogate, as permitted in
494s. 765.512(2); or
495     (b)  If the patient does not have a surrogate, or the
496surrogate is not reasonably available, any of the persons
497specified in s. 765.512(3), in the order and manner of priority
498stated in s. 765.512(3),
499
500to consent to the gift of all or any part of the decedent's body
501for any purpose specified in this part. Except as provided in s.
502765.512, in the absence of actual notice of opposition, consent
503need only be obtained from the person or persons in the highest
504priority class reasonably available.
505     (5)  There shall be no civil or criminal liability against
506any organ procurement organization, eye bank, or tissue bank
507certified under s. 765.542, or against any hospital or hospital
508administrator or designee, or against the Florida Coalition on
509Donation, when complying with the provisions of this part and
510the rules of the Agency for Health Care Administration or when,
511in the exercise of reasonable care, a request for organ donation
512is inappropriate and the gift is not made according to this part
513and the rules of the Agency for Health Care Administration.
514     (6)  The hospital administrator or a designee shall, at or
515near the time of death of a potential organ donor, directly
516notify the affiliated Health Care Financing Administration
517designated organ procurement organization designated as such by
518the United States Department of Health and Human Services of the
519potential organ donor. This organ procurement organization must
520offer any organ from such a donor first to patients on a
521Florida-based local or state organ sharing transplant list. For
522the purpose of this subsection, the term "transplant list"
523includes certain categories of national or regional organ
524sharing for patients of exceptional need or exceptional match,
525as approved or mandated by the United Network for Organ Sharing.
526This notification must not be made to a tissue bank or eye bank
527in lieu of the organ procurement organization unless the tissue
528bank or eye bank is also a Health Care Financing Administration
529designated as an organ procurement organization by the United
530States Department of Health and Human Services.
531     Section 17.  Subsections (2) and (4) of section 765.544,
532Florida Statutes, are amended to read:
533     765.544  Fees; Florida Organ and Tissue Donor Education and
534Procurement Trust Fund.--
535     (2)  The Agency for Health Care Administration shall assess
536annual fees to be used, in the following order of priority, for
537the certification program and, the advisory board, maintenance
538of the organ and tissue donor registry, and the organ and tissue
539donor education program in the following amounts, which may not
540exceed $35,000 per organization:
541     (a)  Each general organ procurement organization shall pay
542the greater of $1,000 or 0.25 percent of its total revenues
543produced from procurement activity in this state by the
544certificateholder during its most recently completed fiscal year
545or operational year.
546     (b)  Each bone and tissue procurement agency or bone and
547tissue bank shall pay the greater of $1,000 or 0.25 percent of
548its total revenues from procurement and processing activity in
549this state by the certificateholder during its most recently
550completed fiscal year or operational year.
551     (c)  Each eye bank shall pay the greater of $500 or 0.25
552percent of its total revenues produced from procurement activity
553in this state by the certificateholder during its most recently
554completed fiscal year or operational year.
555     (4)(a)  Proceeds from fees, administrative penalties, and
556surcharges collected pursuant to subsections (2) and (3) must be
557deposited into the Health Care Trust Fund created by s. 408.16
558Florida Organ and Tissue Donor Education and Procurement Trust
559Fund created by s. 765.52155.
560     (b)  Moneys deposited in the trust fund pursuant to this
561section must be used exclusively for the implementation,
562administration, and operation of the certification program and
563the advisory board, for maintaining the organ and tissue donor
564registry, and for organ and tissue donor education.
565     Section 18.  In addition to uses of funds provided for in
566s. 765.544(2) and (4)(b), Florida Statutes, funds governed by
567those provisions shall be used for the orderly transition of the
568organ and tissue donor registry from the Agency for Health Care
569Administration to the Florida Coalition on Donation and
570notification to potential donors of the changes in the
571registration process. This section shall expire upon completion
572of the transition of the organ and tissue donor registry from
573the Agency for Health Care Administration to the Florida
574Coalition on Donation and the notification of potential donors
575of the changes to the registration process.
576     Section 19.  Paragraph (a) of subsection (4) of section
577215.20, Florida Statutes, is amended to read:
578     215.20  Certain income and certain trust funds to
579contribute to the General Revenue Fund.--
580     (4)  The income of a revenue nature deposited in the
581following described trust funds, by whatever name designated, is
582that from which the appropriations authorized by subsection (3)
583shall be made:
584     (a)  Within the Agency for Health Care Administration:
585     1.  The Florida Organ and Tissue Donor Education and
586Procurement Trust Fund.
587     1.2.  The Health Care Trust Fund.
588     2.3.  The Resident Protection Trust Fund.
589
590The enumeration of the foregoing moneys or trust funds shall not
591prohibit the applicability thereto of s. 215.24 should the
592Governor determine that for the reasons mentioned in s. 215.24
593the money or trust funds should be exempt herefrom, as it is the
594purpose of this law to exempt income from its force and effect
595when, by the operation of this law, federal matching funds or
596contributions or private grants to any trust fund would be lost
597to the state.
598     Section 20.  Section 320.08047, Florida Statutes, is
599amended to read:
600     320.08047  Voluntary contribution for organ and tissue
601donor education.--As a part of the collection process for
602license taxes as specified in s. 320.08, individuals shall be
603permitted to make a voluntary contribution of $1, which
604contribution shall be distributed to the Florida Coalition on
605Donation deposited into the Florida Organ and Tissue Donor
606Education and Procurement Trust Fund for organ and tissue donor
607education and for maintaining the organ and tissue donor
608registry.
609     Section 21.  Subsection (6) of section 322.08, Florida
610Statutes, is amended to read:
611     322.08  Application for license.--
612     (6)  The application form for a driver's license or
613duplicate thereof shall include language permitting the
614following:
615     (a)  A voluntary contribution of $5 per applicant, which
616contribution shall be transferred into the Election Campaign
617Financing Trust Fund.
618     (b)  A voluntary contribution of $1 per applicant, which
619contribution shall be distributed to the Florida Coalition on
620Donation deposited into the Florida Organ and Tissue Donor
621Education and Procurement Trust Fund for organ and tissue donor
622education and for maintaining the organ and tissue donor
623registry.
624     (c)  A voluntary contribution of $1 per applicant, which
625contribution shall be distributed to the Florida Council of the
626Blind.
627     (d)  A voluntary contribution of $2 per applicant, which
628shall be distributed to the Hearing Research Institute,
629Incorporated.
630     (e)  A voluntary contribution of $1 per applicant, which
631shall be distributed to the Juvenile Diabetes Foundation
632International.
633     (f)  A voluntary contribution of $1 per applicant, which
634shall be distributed to the Children's Hearing Help Fund.
635
636A statement providing an explanation of the purpose of the trust
637funds shall also be included. For the purpose of applying the
638service charge provided in s. 215.20, contributions received
639under paragraphs (b), (c), (d), (e), and (f) and under s.
640322.18(9)(a) are not income of a revenue nature.
641     Section 22.  This act shall take effect July 1, 2007.


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