1

A bill to be entitled

2

An act relating to the Florida Companion Registry;

3

providing a short title; creating ch. 754, F.S.; providing

4

definitions; creating the registry within the Department

5

of State; providing for creation and distribution of

6

declaration and termination forms; providing for the

7

content of such forms; providing for rulemaking; providing

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eligibility requirements for state-registered companions;

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providing registration procedures; providing for

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recordkeeping; providing for notice to the Office of Vital

11

Statistics; providing for a fee; providing for automatic

12

termination of a state-registered companion agreement

13

under certain circumstances; providing procedures for

14

voluntary termination of state-registered companion

15

agreements; providing an effective date for voluntarily

16

terminated agreements; providing for recordkeeping;

17

providing for notice to the Office of Vital Statistics;

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providing for a fee; providing that a registered companion

19

agreement created by a subdivision of the state is not a

20

state-registered companion agreement for the purposes of

21

the Florida Companion Registry; requiring that

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subdivisions of the state that use the state's definition

23

of a state-registered companion for purposes of companion

24

benefits must allow the state registration certificate to

25

satisfy any registration requirements; requiring such

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subdivisions to notify the Secretary of State of such

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acceptance; providing that the section does not affect

28

companion relationship registrations created by any public

29

entity; providing that state-registered companions have

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the same visitation rights as spouses in specified health

31

care facilities; providing that nothing in ch. 754, F.S.,

32

affects any common law remedy; providing that state

33

registered companion status is not the substantial

34

equivalent of a marriage; amending s. 48.031, F.S.;

35

revises provisions relating to service of process to

36

include applicability to state-registered companions;

37

amending s. 215.28, F.S.; providing for payment of

38

specified payroll deductions for the purchase of United

39

States securities to a state-registered companion of a

40

deceased state and county officer or employee; amending s.

41

222.15, F.S.; providing for payment of wages or

42

unemployment compensation to a state-registered companion

43

of a deceased employee; amending s. 395.3025, F.S.;

44

revising provisions relating to hospital records to

45

include applicability to state-registered companions;

46

amending s. 400.021, F.S.; including state-registered

47

companions in the term "family" for purposes of provisions

48

relating to nursing homes; amending s. 497.005, F.S.;

49

revising provisions relating to funeral and cemetery

50

services to include state-registered companions among

51

those authorized to make decisions; amending s. 765.401,

52

F.S.; revising provisions relating to health care

53

decisionmaking for incapacitated or developmentally

54

disabled patients to authorize decisionmaking by state-

55

registered companions with the same level of priority as

56

spouses; amending s. 765.512, F.S.; revising provisions

57

relating to anatomical gifts to include state-registered

58

companions among those not authorized to modify or prevent

59

a donor's wish to make such a gift; amending s. 872.04,

60

F.S.; permitting state-registered companions to consent to

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autopsies; amending ss. 905.04 and 913.03, F.S.; including

62

state-registered companions within the list of persons

63

whose relationships to specified persons allow challenge

64

to their service as jurors or grand jurors; providing an

65

effective date.

66

67

     WHEREAS, the Legislature finds that relationships exist in

68

this state, especially among the state's elderly population, that

69

are committed and exclusive but not legally recognized by law,

70

and

71

     WHEREAS, these relationships are not only important to the

72

individuals involved and their families, but they also benefit

73

the public and the greater good by providing a private, rather

74

than governmental, source for the financial, physical, and

75

emotional health of those individuals and their families, and

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     WHEREAS, these relationships, although not existing as legal

77

marriages under state law can, nonetheless, show the same legal

78

domicile and have the same intent for such relationship to last

79

for life, and

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     WHEREAS, the Legislature finds that rights should be granted

81

to persons in such relationships as if legally married and that

82

such rights include, but are not limited to, the right to be

83

involved in financial decisions, the right to pension and benefit

84

collection, the right to hospital visitation, the right to be

85

involved in health care decisions, the right to be involved in

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organ donor decisions, and the right to be involved in other

87

decisions related to illness, incapacity, and death, and

88

     WHEREAS, the legal framework for such rights to be granted

89

to individuals in such found relationships does not exist;

90

therefore, the Legislature sees fit that the Florida Companion

91

Registry Act should do so, NOW, THEREFORE,

92

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

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     Section 1. This act may be cited as the "Florida Companion

96

Registry Act."

97

     Section 2.  Chapter 754, Florida Statutes, consisting of

98

sections 754.01, 754.02, 754.03, 754.04, 754.05, 754.06, 754.07,

99

754.08, and 754.09, is created to read:

100

CHAPTER 754

101

FLORIDA COMPANION REGISTRY

102

     754.01 Definitions.--As used in this chapter, the term:

103

     (1) "Department" means the Department of State.

104

     (2) "Secretary" means the Secretary of State.

105

     (3) "State-registered companions" means two adults who meet

106

the requirements for valid state-registered companion status as

107

established by s. 754.03 and who have been issued a certificate

108

of state-registered companions by the secretary.

109

     754.02 Florida Companion Registry; forms; rulemaking.--

110

     (1) The Florida Companion Registry is created within the

111

department.

112

     (2) The registry shall develop standard forms for the

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declaration and termination of state-registered companions to

114

meet the requirements of this chapter.

115

     (a) The declaration form must:

116

     1. Adequately identify each individual signing the form by

117

name, including former names; residence; and date and place of

118

birth.

119

     2. Contain an assertion under oath that each individual

120

meets the requirements of s. 754.03 at the time the declaration

121

is filed.

122

     3. Contain a warning that registration may affect property

123

and inheritance rights, that registration is not a substitute for

124

a will, deed, or partnership agreement, and that any rights

125

conferred by registration may be completely superseded by a will,

126

deed, or other instrument that may be executed by either party.

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The declaration must also contain instructions on how the

128

partnership may be terminated under s. 754.05.

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     (b) The termination form must contain a statement that

130

termination may affect property and inheritance rights, including

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beneficiary designations, and other agreements such as the

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appointment of a state-registered companion as an attorney in

133

fact under a power of attorney.

134

     (3) The secretary shall distribute these forms to each

135

county clerk. These forms shall be available to the public at the

136

secretary's office, from each county clerk, and on the Internet.

137

     (4) The department may adopt rules pursuant to ss.

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120.536(1) and 120.54 to implement the provisions of this

139

chapter.

140

     754.03 Eligibility.--To enter into the Florida Companion

141

Registry, the two persons involved must meet the following

142

requirements:

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     (1) Both persons must inhabit the same residence in common.

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Two persons shall be considered to inhabit the same residence in

145

common even if:

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     (a) Only one person has legal ownership of the common

147

residence;

148

     (b) One or both persons have additional residences not

149

shared with the other; or

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     (c) One person leaves the common residence with the intent

151

to return.

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     (2) Both persons must be at least 18 years of age.

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     (3) Neither person may be married or registered with the

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state as a companion to another person.

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     (4) Both persons must be capable of consenting to the

156

agreement.

157

     (5) The persons must not be related in a degree of kinship

158

that would prohibit marriage under s. 741.21.

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     754.04 Registration.--

160

     (1) Two persons desiring to become state-registered

161

companions who meet the requirements of s. 754.03 may jointly

162

register by filing under oath a declaration of state-registered

163

companions with the secretary and paying the filing fee

164

established under subsection (4). The declaration must be signed

165

by both parties and notarized.

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     (2) Upon receipt of a signed, notarized declaration and the

167

filing fee, the secretary shall register the declaration in the

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Florida Companion Registry established under s. 754.02 and return

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two copies of a Certificate of Florida Registered Companions, one

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for each party named on the declaration, to the address provided

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as their common residence.

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     (3) The secretary shall permanently maintain a record of

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each declaration of state-registered companions filed. The

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secretary shall provide the Office of Vital Statistics of the

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Department of Health with records of declarations of state-

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registered companions.

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     (4) The secretary shall set by rule and collect a

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reasonable fee for filing the declaration, calculated to cover

179

the department's costs but not to exceed $100. Fees collected

180

under this section shall be remitted to the Department of Revenue

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for deposit in the General Revenue Fund.

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     754.05 Termination.--

183

     (1) A state-registered companion agreement is automatically

184

terminated if, subsequent to the registration of the state-

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registered companions with the secretary, either or both of the

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parties enter into a marriage that is recognized as valid in this

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state, either with each other or with another person.

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     (2)(a) A party to a state-registered companion agreement

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may terminate the agreement by filing a notice of termination of

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the state-registered companion agreement with the secretary and

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paying the filing fee established under subsection (5). The

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notice must be signed by at least one of the parties and

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notarized. If the notice is not signed by both parties, the party

194

seeking termination must also file with the secretary an

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affidavit stating either that the other party has been served in

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writing, in the manner prescribed for the service of summons in a

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civil action, that a notice of termination is being filed, or

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that the party seeking termination has not been able to find the

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other party after reasonable effort and that notice has been made

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by publication under paragraph (b).

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     (b) When the other party cannot be found after reasonable

202

effort, the party seeking termination may provide notice by

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publication in a newspaper of general circulation in the county

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in which the residence most recently shared by the companions is

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located. Notice must be published at least once.

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     (3) The state-registered companion agreement shall be

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terminated effective 90 days after the date of filing the notice

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of termination and payment of the filing fee.

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     (4) Upon receipt of a signed, notarized notice of

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termination, an affidavit, if required, and the filing fee, the

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secretary shall register the notice of termination and provide a

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certificate of termination of the state-registered companion

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agreement to each party named on the notice. The department shall

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maintain a record of each notice of termination filed with the

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secretary and each certificate of termination issued by the

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secretary. The secretary shall provide the Office of Vital

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Statistics of the Department of Health with records of

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terminations of state-registered companions, except for those

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state-registered companions terminated under subsection (1).

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     (5) The secretary shall set by rule and collect a

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reasonable fee for filing the termination, calculated to cover

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the department's costs but not to exceed $100. Fees collected

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under this section shall be remitted to the Department of Revenue

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for deposit in the General Revenue Fund.

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     754.06 Companion agreements registered by subdivisions of

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the state.--

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     (1) A companion agreement registered by a subdivision of

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the state is not a state-registered companion agreement for the

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purposes of the Florida Companion Registry under this chapter.

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Those persons desiring to become state-registered companions

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under this chapter must register under s. 754.04.

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     (2) A subdivision of the state that provides benefits to

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the companions of its employees and chooses to use the definition

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of state-registered companions in s. 754.01 must allow the

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certificate issued by the secretary to satisfy any registration

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requirements of the subdivision. A subdivision that uses the

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definition of state-registered companions in s. 754.01 shall

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notify the secretary. The secretary shall compile and maintain a

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list of all subdivisions that have filed such notice. The

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department shall post this list on its website and provide a copy

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of the list to each person that receives a certificate of state-

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registered companions under s. 754.04.

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     (3) Nothing in this section shall affect companion

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relationship registrations created by any public entity.

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     754.07 Visitation in health care facilities.--The state-

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registered companion of a patient in a health care facility as

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defined in s. 408.07 shall have the same rights with respect to

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visitation of the patient as a spouse.

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     754.08 Common law remedies.--Nothing in this chapter

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affects any remedy available in common law.

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     754.09 Not marriage equivalent.--Nothing in this chapter

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shall be construed as recognizing state registered companion

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status as the substantial equivalent of a marriage.

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     Section 3.  Paragraph (a) of subsection (2) of section

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48.031, Florida Statutes, is amended to read:

256

     48.031  Service of process generally; service of witness

257

subpoenas.--

258

     (2)(a) Substitute service may be made on the spouse or

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state-registered companion of the person to be served at any

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place in the county, if the cause of action is not an adversary

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proceeding between the spouse or state-registered companion and

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the person to be served, if the spouse or state-registered

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companion requests such service, and if the spouse or state-

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registered companion and person to be served are residing

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together in the same dwelling.

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     Section 4.  Subsection (5) of section 215.28, Florida

267

Statutes, is amended to read:

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     215.28  United States securities, purchase by state and

269

county officers and employees; deductions from salary.--

270

     (5)  When an officer or employee leaves the service of the

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state, county, or subordinate governmental agency, the payroll

272

deduction authorization will be canceled automatically and any

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amount credited to the officer or employee's account shall

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immediately be refunded and paid to the officer or employee

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entitled to receive the same. In case of the death of the officer

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or employee, the payroll deduction authorization will be canceled

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automatically and any amount to the credit of the officer or

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employee's account will be paid immediately to the surviving

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spouse, state-registered companion, children, or parents of the

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officer or employee, according to and as provided by ss. 222.15

281

and 222.16.

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     Section 5.  Subsection (1) of section 222.15, Florida

283

Statutes, is amended to read:

284

     222.15 Payment of wages or unemployment compensation

285

payments due deceased employee may be paid spouse or certain

286

relatives.--

287

     (1)  It is lawful for any employer, in case of the death of

288

an employee, to pay to the spouse wife or state-registered

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companion husband, and in case there is no spouse wife or state-

290

registered companion husband, then to the child or children,

291

provided the child or children are over the age of 18 years, and

292

in case there is no child or children, then to the father or

293

mother, any wages or travel expenses that may be due such

294

employee at the time of his or her death.

295

     Section 6.  Subsection (1) of section 395.3025, Florida

296

Statutes, is amended to read:

297

     395.3025  Patient and personnel records; copies;

298

examination.--

299

     (1)  Any licensed facility shall, upon written request, and

300

only after discharge of the patient, furnish, in a timely manner,

301

without delays for legal review, to any person admitted therein

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for care and treatment or treated thereat, or to any such

303

person's guardian, curator, or personal representative, or in the

304

absence of one of those persons, to the state-registered

305

companion or next of kin of a decedent or the parent of a minor,

306

or to anyone designated by such person in writing, a true and

307

correct copy of all patient records, including X rays, and

308

insurance information concerning such person, which records are

309

in the possession of the licensed facility, provided the person

310

requesting such records agrees to pay a charge. The exclusive

311

charge for copies of patient records may include sales tax and

312

actual postage, and, except for nonpaper records that are subject

313

to a charge not to exceed $2, may not exceed $1 per page. A fee

314

of up to $1 may be charged for each year of records requested.

315

These charges shall apply to all records furnished, whether

316

directly from the facility or from a copy service providing these

317

services on behalf of the facility. However, a patient whose

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records are copied or searched for the purpose of continuing to

319

receive medical care is not required to pay a charge for copying

320

or for the search. The licensed facility shall further allow any

321

such person to examine the original records in its possession, or

322

microforms or other suitable reproductions of the records, upon

323

such reasonable terms as shall be imposed to assure that the

324

records will not be damaged, destroyed, or altered.

325

     Section 7.  Subsections (8) through (18) of section 400.021,

326

Florida Statutes, are renumbered as subsections (9) through (19),

327

respectively, and a new subsection (8) is added to that section

328

to read:

329

     400.021  Definitions.--When used in this part, unless the

330

context otherwise requires, the term:

331

     (8) "Family" includes a state-registered companion.

332

     Section 8.  Subsection (37) of section 497.005, Florida

333

Statutes, is amended to read:

334

     497.005  Definitions.--As used in this chapter:

335

     (37)  "Legally authorized person" means, in the priority

336

listed, the decedent, when written inter vivos authorizations and

337

directions are provided by the decedent; the surviving spouse or

338

state-registered companion, unless the spouse or state-registered

339

companion has been arrested for committing against the deceased

340

an act of domestic violence as defined in s. 741.28 that resulted

341

in or contributed to the death of the deceased; a son or daughter

342

who is 18 years of age or older; a parent; a brother or sister

343

who is 18 years of age or older; a grandchild who is 18 years of

344

age or older; a grandparent; or any person in the next degree of

345

kinship. In addition, the term may include, if no family member

346

exists or is available, the guardian of the dead person at the

347

time of death; the personal representative of the deceased; the

348

attorney in fact of the dead person at the time of death; the

349

health surrogate of the dead person at the time of death; a

350

public health officer; the medical examiner, county commission,

351

or administrator acting under part II of chapter 406 or other

352

public administrator; a representative of a nursing home or other

353

health care institution in charge of final disposition; or a

354

friend or other person not listed in this subsection who is

355

willing to assume the responsibility as the legally authorized

356

person. Where there is a person in any priority class listed in

357

this subsection, the funeral establishment shall rely upon the

358

authorization of any one legally authorized person of that class

359

if that person represents that she or he is not aware of any

360

objection to the cremation of the deceased's human remains by

361

others in the same class of the person making the representation

362

or of any person in a higher priority class.

363

     Section 9.  Paragraph (b) of subsection (1) of section

364

765.401, Florida Statutes, is amended to read:

365

     765.401  The proxy.--

366

     (1)  If an incapacitated or developmentally disabled patient

367

has not executed an advance directive, or designated a surrogate

368

to execute an advance directive, or the designated or alternate

369

surrogate is no longer available to make health care decisions,

370

health care decisions may be made for the patient by any of the

371

following individuals, in the following order of priority, if no

372

individual in a prior class is reasonably available, willing, or

373

competent to act:

374

     (b) The patient's spouse or state-registered companion;

375

     Section 10.  Subsection (1) of section 765.512, Florida

376

Statutes, is amended to read:

377

     765.512  Persons who may make an anatomical gift.--

378

     (1)  Any person who may make a will may give all or part of

379

his or her body for any purpose specified in s. 765.510, the gift

380

to take effect upon death. An anatomical gift made by an adult

381

donor and not revoked by the donor as provided in s. 765.516 is

382

irrevocable after the donor's death. A state-registered

383

companion, family member, guardian, representative ad litem, or

384

health care surrogate of an adult donor who has made an

385

anatomical gift pursuant to subsection (2) may not modify, deny,

386

or prevent a donor's wish or intent to make an anatomical gift

387

from being made after the donor's death.

388

     Section 11.  Subsection (2) of section 872.04, Florida

389

Statutes, is amended to read:

390

     872.04  Autopsies; consent required, exception.--

391

     (2)  Unless otherwise authorized by statute, no autopsy

392

shall be performed without the written consent by the health care

393

surrogate, as provided in s. 765.202, if one has been designated.

394

If a health care surrogate has not been designated, then written

395

consent may be provided by the spouse or state-registered

396

companion, nearest relative, or, if no such next of kin can be

397

found, the person who has assumed custody of the body for

398

purposes of burial. When two or more persons assume custody of

399

the body for such purposes, then the consent of any one of them

400

shall be sufficient to authorize the autopsy.

401

     Section 12.  Paragraph (c) of subsection (1) of section

402

905.04, Florida Statutes, is amended to read:

403

     905.04  Grounds for challenge to individual prospective

404

grand juror.--

405

     (1)  The state or a person who has been held to answer may

406

challenge an individual prospective grand juror on the ground

407

that the juror:

408

     (c) Is related by blood, or marriage, or state-registered

409

companionship within the third degree to the defendant, to the

410

person alleged to be injured by the offense charged, or to the

411

person on whose complaint the prosecution was instituted.

412

     Section 13.  Section 913.03, Florida Statutes, is amended to

413

read:

414

     913.03  Grounds for challenge to individual jurors for

415

cause.--A challenge for cause to an individual juror may be made

416

only on the following grounds:

417

     (1)  The juror does not have the qualifications required by

418

law;

419

     (2)  The juror is of unsound mind or has a bodily defect

420

that renders him or her incapable of performing the duties of a

421

juror, except that, in a civil action, deafness or hearing

422

impairment shall not be the sole basis of a challenge for cause

423

of an individual juror;

424

     (3)  The juror has conscientious beliefs that would preclude

425

him or her from finding the defendant guilty;

426

     (4)  The juror served on the grand jury that found the

427

indictment or on a coroner's jury that inquired into the death of

428

a person whose death is the subject of the indictment or

429

information;

430

     (5)  The juror served on a jury formerly sworn to try the

431

defendant for the same offense;

432

     (6)  The juror served on a jury that tried another person

433

for the offense charged in the indictment, information, or

434

affidavit;

435

     (7)  The juror served as a juror in a civil action brought

436

against the defendant for the act charged as an offense;

437

     (8)  The juror is an adverse party to the defendant in a

438

civil action, or has complained against or been accused by the

439

defendant in a criminal prosecution;

440

     (9) The juror is related by blood, or marriage, or state-

441

registered companionship within the third degree to the

442

defendant, the attorneys of either party, the person alleged to

443

be injured by the offense charged, or the person on whose

444

complaint the prosecution was instituted;

445

     (10)  The juror has a state of mind regarding the defendant,

446

the case, the person alleged to have been injured by the offense

447

charged, or the person on whose complaint the prosecution was

448

instituted that will prevent the juror from acting with

449

impartiality, but the formation of an opinion or impression

450

regarding the guilt or innocence of the defendant shall not be a

451

sufficient ground for challenge to a juror if he or she declares

452

and the court determines that he or she can render an impartial

453

verdict according to the evidence;

454

     (11)  The juror was a witness for the state or the defendant

455

at the preliminary hearing or before the grand jury or is to be a

456

witness for either party at the trial;

457

     (12)  The juror is a surety on defendant's bail bond in the

458

case.

459

     Section 14.  This act shall take effect July 1, 2008.