HB 361

1
A bill to be entitled
2An act relating to the Florida Companion Registry;
3providing a short title; creating ch. 754, F.S.; providing
4definitions; creating the registry within the Department
5of State; providing for creation and distribution of
6declaration and termination forms; providing for the
7content of such forms; providing for rulemaking; providing
8eligibility requirements for state-registered companions;
9providing registration procedures; providing for
10recordkeeping; providing for notice to the Office of Vital
11Statistics; providing for a fee; providing for automatic
12termination of a state-registered companion agreement
13under certain circumstances; providing procedures for
14voluntary termination of state-registered companion
15agreements; providing an effective date for voluntarily
16terminated agreements; providing for recordkeeping;
17providing for notice to the Office of Vital Statistics;
18providing for a fee; providing that a registered companion
19agreement created by a subdivision of the state is not a
20state-registered companion agreement for the purposes of
21the Florida Companion Registry; requiring that
22subdivisions of the state that use the state's definition
23of a state-registered companion for purposes of companion
24benefits must allow the state registration certificate to
25satisfy any registration requirements; requiring such
26subdivisions to notify the Secretary of State of such
27acceptance; providing that the section does not affect
28companion relationship registrations created by any public
29entity; providing that state-registered companions have
30the same visitation rights as spouses in specified health
31care facilities; providing that nothing in ch. 754, F.S.,
32affects any common law remedy; providing that state
33registered companion status is not the substantial
34equivalent of a marriage; amending s. 48.031, F.S.;
35revises provisions relating to service of process to
36include applicability to state-registered companions;
37amending s. 215.28, F.S.; providing for payment of
38specified payroll deductions for the purchase of United
39States securities to a state-registered companion of a
40deceased state and county officer or employee; amending s.
41222.15, F.S.; providing for payment of wages or
42unemployment compensation to a state-registered companion
43of a deceased employee; amending s. 395.3025, F.S.;
44revising provisions relating to hospital records to
45include applicability to state-registered companions;
46amending s. 400.021, F.S.; including state-registered
47companions in the term "family" for purposes of provisions
48relating to nursing homes; amending s. 497.005, F.S.;
49revising provisions relating to funeral and cemetery
50services to include state-registered companions among
51those authorized to make decisions; amending s. 765.401,
52F.S.; revising provisions relating to health care
53decisionmaking for incapacitated or developmentally
54disabled patients to authorize decisionmaking by state-
55registered companions with the same level of priority as
56spouses; amending s. 765.512, F.S.; revising provisions
57relating to anatomical gifts to include state-registered
58companions among those not authorized to modify or prevent
59a donor's wish to make such a gift; amending s. 872.04,
60F.S.; permitting state-registered companions to consent to
61autopsies; amending ss. 905.04 and 913.03, F.S.; including
62state-registered companions within the list of persons
63whose relationships to specified persons allow challenge
64to their service as jurors or grand jurors; providing an
65effective date.
66
67     WHEREAS, the Legislature finds that relationships exist in
68this state, especially among the state's elderly population,
69that are committed and exclusive but not legally recognized by
70law, and
71     WHEREAS, these relationships are not only important to the
72individuals involved and their families, but they also benefit
73the public and the greater good by providing a private, rather
74than governmental, source for the financial, physical, and
75emotional health of those individuals and their families, and
76     WHEREAS, these relationships, although not existing as
77legal marriages under state law can, nonetheless, show the same
78legal domicile and have the same intent for such relationship to
79last for life, and
80     WHEREAS, the Legislature finds that rights should be
81granted to persons in such relationships as if legally married
82and that such rights include, but are not limited to, the right
83to be involved in financial decisions, the right to pension and
84benefit collection, the right to hospital visitation, the right
85to be involved in health care decisions, the right to be
86involved in organ donor decisions, and the right to be involved
87in other decisions related to illness, incapacity, and death,
88and
89     WHEREAS, the legal framework for such rights to be granted
90to individuals in such found relationships does not exist;
91therefore, the Legislature sees fit that the Florida Companion
92Registry Act should do so, NOW, THEREFORE,
93
94Be It Enacted by the Legislature of the State of Florida:
95
96     Section 1.  This act may be cited as the "Florida Companion
97Registry Act."
98     Section 2.  Chapter 754, Florida Statutes, consisting of
99sections 754.01, 754.02, 754.03, 754.04, 754.05, 754.06, 754.07,
100754.08, and 754.09, is created to read:
101
CHAPTER 754
102
FLORIDA COMPANION REGISTRY
103     754.01  Definitions.--As used in this chapter, the term:
104     (1)  "Department" means the Department of State.
105     (2)  "Secretary" means the Secretary of State.
106     (3)  "State-registered companions" means two adults who
107meet the requirements for valid state-registered companion
108status as established by s. 754.03 and who have been issued a
109certificate of state-registered companions by the secretary.
110     754.02  Florida Companion Registry; forms; rulemaking.--
111     (1)  The Florida Companion Registry is created within the
112department.
113     (2)  The registry shall develop standard forms for the
114declaration and termination of state-registered companions to
115meet the requirements of this chapter.
116     (a)  The declaration form must:
117     1.  Adequately identify each individual signing the form by
118name, including former names; residence; and date and place of
119birth.
120     2.  Contain an assertion under oath that each individual
121meets the requirements of s. 754.03 at the time the declaration
122is filed.
123     3.  Contain a warning that registration may affect property
124and inheritance rights, that registration is not a substitute
125for a will, deed, or partnership agreement, and that any rights
126conferred by registration may be completely superseded by a
127will, deed, or other instrument that may be executed by either
128party. The declaration must also contain instructions on how the
129partnership may be terminated under s. 754.05.
130     (b)  The termination form must contain a statement that
131termination may affect property and inheritance rights,
132including beneficiary designations, and other agreements such as
133the appointment of a state-registered companion as an attorney
134in fact under a power of attorney.
135     (3)  The secretary shall distribute these forms to each
136county clerk. These forms shall be available to the public at
137the secretary's office, from each county clerk, and on the
138Internet.
139     (4)  The department may adopt rules pursuant to ss.
140120.536(1) and 120.54 to implement the provisions of this
141chapter.
142     754.03  Eligibility.--To enter into the Florida Companion
143Registry, the two persons involved must meet the following
144requirements:
145     (1)  Both persons must inhabit the same residence in
146common. Two persons shall be considered to inhabit the same
147residence in common even if:
148     (a)  Only one person has legal ownership of the common
149residence;
150     (b)  One or both persons have additional residences not
151shared with the other; or
152     (c)  One person leaves the common residence with the intent
153to return.
154     (2)  Both persons must be at least 18 years of age.
155     (3)  Neither person may be married or registered with the
156state as a companion to another person.
157     (4)  Both persons must be capable of consenting to the
158agreement.
159     (5)  The persons must not be related in a degree of kinship
160that would prohibit marriage under s. 741.21.
161     754.04  Registration.--
162     (1)  Two persons desiring to become state-registered
163companions who meet the requirements of s. 754.03 may jointly
164register by filing under oath a declaration of state-registered
165companions with the secretary and paying the filing fee
166established under subsection (4). The declaration must be signed
167by both parties and notarized.
168     (2)  Upon receipt of a signed, notarized declaration and
169the filing fee, the secretary shall register the declaration in
170the Florida Companion Registry established under s. 754.02 and
171return two copies of a Certificate of Florida Registered
172Companions, one for each party named on the declaration, to the
173address provided as their common residence.
174     (3)  The secretary shall permanently maintain a record of
175each declaration of state-registered companions filed. The
176secretary shall provide the Office of Vital Statistics of the
177Department of Health with records of declarations of state
178registered companions.
179     (4)  The secretary shall set by rule and collect a
180reasonable fee for filing the declaration, calculated to cover
181the department's costs but not to exceed $100. Fees collected
182under this section shall be remitted to the Department of
183Revenue for deposit in the General Revenue Fund.
184     754.05  Termination.--
185     (1)  A state-registered companion agreement is
186automatically terminated if, subsequent to the registration of
187the state-registered companions with the secretary, either or
188both of the parties enter into a marriage that is recognized as
189valid in this state, either with each other or with another
190person.
191     (2)(a)  A party to a state-registered companion agreement
192may terminate the agreement by filing a notice of termination of
193the state-registered companion agreement with the secretary and
194paying the filing fee established under subsection (5). The
195notice must be signed by at least one of the parties and
196notarized. If the notice is not signed by both parties, the
197party seeking termination must also file with the secretary an
198affidavit stating either that the other party has been served in
199writing, in the manner prescribed for the service of summons in
200a civil action, that a notice of termination is being filed, or
201that the party seeking termination has not been able to find the
202other party after reasonable effort and that notice has been
203made by publication under paragraph (b).
204     (b)  When the other party cannot be found after reasonable
205effort, the party seeking termination may provide notice by
206publication in a newspaper of general circulation in the county
207in which the residence most recently shared by the companions is
208located. Notice must be published at least once.
209     (3)  The state-registered companion agreement shall be
210terminated effective 90 days after the date of filing the notice
211of termination and payment of the filing fee.
212     (4)  Upon receipt of a signed, notarized notice of
213termination, an affidavit, if required, and the filing fee, the
214secretary shall register the notice of termination and provide a
215certificate of termination of the state-registered companion
216agreement to each party named on the notice. The department
217shall maintain a record of each notice of termination filed with
218the secretary and each certificate of termination issued by the
219secretary. The secretary shall provide the Office of Vital
220Statistics of the Department of Health with records of
221terminations of state-registered companions, except for those
222state-registered companions terminated under subsection (1).
223     (5)  The secretary shall set by rule and collect a
224reasonable fee for filing the termination, calculated to cover
225the department's costs but not to exceed $100. Fees collected
226under this section shall be remitted to the Department of
227Revenue for deposit in the General Revenue Fund.
228     754.06  Companion agreements registered by subdivisions of
229the state.--
230     (1)  A companion agreement registered by a subdivision of
231the state is not a state-registered companion agreement for the
232purposes of the Florida Companion Registry under this chapter.
233Those persons desiring to become state-registered companions
234under this chapter must register under s. 754.04.
235     (2)  A subdivision of the state that provides benefits to
236the companions of its employees and chooses to use the
237definition of state-registered companions in s. 754.01 must
238allow the certificate issued by the secretary to satisfy any
239registration requirements of the subdivision. A subdivision that
240uses the definition of state-registered companions in s. 754.01
241shall notify the secretary. The secretary shall compile and
242maintain a list of all subdivisions that have filed such notice.
243The department shall post this list on its website and provide a
244copy of the list to each person that receives a certificate of
245state-registered companions under s. 754.04.
246     (3)  Nothing in this section shall affect companion
247relationship registrations created by any public entity.
248     754.07  Visitation in health care facilities.--The state
249registered companion of a patient in a health care facility as
250defined in s. 408.07 shall have the same rights with respect to
251visitation of the patient as a spouse.
252     754.08  Common law remedies.--Nothing in this chapter
253affects any remedy available in common law.
254     754.09  Not marriage equivalent.--Nothing in this chapter
255shall be construed as recognizing state registered companion
256status as the substantial equivalent of a marriage.
257     Section 3.  Paragraph (a) of subsection (2) of section
25848.031, Florida Statutes, is amended to read:
259     48.031  Service of process generally; service of witness
260subpoenas.--
261     (2)(a)  Substitute service may be made on the spouse or
262state-registered companion of the person to be served at any
263place in the county, if the cause of action is not an adversary
264proceeding between the spouse or state-registered companion and
265the person to be served, if the spouse or state-registered
266companion requests such service, and if the spouse or state
267registered companion and person to be served are residing
268together in the same dwelling.
269     Section 4.  Subsection (5) of section 215.28, Florida
270Statutes, is amended to read:
271     215.28  United States securities, purchase by state and
272county officers and employees; deductions from salary.--
273     (5)  When an officer or employee leaves the service of the
274state, county, or subordinate governmental agency, the payroll
275deduction authorization will be canceled automatically and any
276amount credited to the officer or employee's account shall
277immediately be refunded and paid to the officer or employee
278entitled to receive the same. In case of the death of the
279officer or employee, the payroll deduction authorization will be
280canceled automatically and any amount to the credit of the
281officer or employee's account will be paid immediately to the
282surviving spouse, state-registered companion, children, or
283parents of the officer or employee, according to and as provided
284by ss. 222.15 and 222.16.
285     Section 5.  Subsection (1) of section 222.15, Florida
286Statutes, is amended to read:
287     222.15  Payment of wages or unemployment compensation
288payments due deceased employee may be paid spouse or certain
289relatives.--
290     (1)  It is lawful for any employer, in case of the death of
291an employee, to pay to the spouse wife or state-registered
292companion husband, and in case there is no spouse wife or state
293registered companion husband, then to the child or children,
294provided the child or children are over the age of 18 years, and
295in case there is no child or children, then to the father or
296mother, any wages or travel expenses that may be due such
297employee at the time of his or her death.
298     Section 6.  Subsection (1) of section 395.3025, Florida
299Statutes, is amended to read:
300     395.3025  Patient and personnel records; copies;
301examination.--
302     (1)  Any licensed facility shall, upon written request, and
303only after discharge of the patient, furnish, in a timely
304manner, without delays for legal review, to any person admitted
305therein for care and treatment or treated thereat, or to any
306such person's guardian, curator, or personal representative, or
307in the absence of one of those persons, to the state-registered
308companion or next of kin of a decedent or the parent of a minor,
309or to anyone designated by such person in writing, a true and
310correct copy of all patient records, including X rays, and
311insurance information concerning such person, which records are
312in the possession of the licensed facility, provided the person
313requesting such records agrees to pay a charge. The exclusive
314charge for copies of patient records may include sales tax and
315actual postage, and, except for nonpaper records that are
316subject to a charge not to exceed $2, may not exceed $1 per
317page. A fee of up to $1 may be charged for each year of records
318requested. These charges shall apply to all records furnished,
319whether directly from the facility or from a copy service
320providing these services on behalf of the facility. However, a
321patient whose records are copied or searched for the purpose of
322continuing to receive medical care is not required to pay a
323charge for copying or for the search. The licensed facility
324shall further allow any such person to examine the original
325records in its possession, or microforms or other suitable
326reproductions of the records, upon such reasonable terms as
327shall be imposed to assure that the records will not be damaged,
328destroyed, or altered.
329     Section 7.  Subsections (8) through (18) of section
330400.021, Florida Statutes, are renumbered as subsections (9)
331through (19), respectively, and a new subsection (8) is added to
332that section to read:
333     400.021  Definitions.--When used in this part, unless the
334context otherwise requires, the term:
335     (8)  "Family" includes a state-registered companion.
336     Section 8.  Subsection (37) of section 497.005, Florida
337Statutes, is amended to read:
338     497.005  Definitions.--As used in this chapter:
339     (37)  "Legally authorized person" means, in the priority
340listed, the decedent, when written inter vivos authorizations
341and directions are provided by the decedent; the surviving
342spouse or state-registered companion, unless the spouse or
343state-registered companion has been arrested for committing
344against the deceased an act of domestic violence as defined in
345s. 741.28 that resulted in or contributed to the death of the
346deceased; a son or daughter who is 18 years of age or older; a
347parent; a brother or sister who is 18 years of age or older; a
348grandchild who is 18 years of age or older; a grandparent; or
349any person in the next degree of kinship. In addition, the term
350may include, if no family member exists or is available, the
351guardian of the dead person at the time of death; the personal
352representative of the deceased; the attorney in fact of the dead
353person at the time of death; the health surrogate of the dead
354person at the time of death; a public health officer; the
355medical examiner, county commission, or administrator acting
356under part II of chapter 406 or other public administrator; a
357representative of a nursing home or other health care
358institution in charge of final disposition; or a friend or other
359person not listed in this subsection who is willing to assume
360the responsibility as the legally authorized person. Where there
361is a person in any priority class listed in this subsection, the
362funeral establishment shall rely upon the authorization of any
363one legally authorized person of that class if that person
364represents that she or he is not aware of any objection to the
365cremation of the deceased's human remains by others in the same
366class of the person making the representation or of any person
367in a higher priority class.
368     Section 9.  Paragraph (b) of subsection (1) of section
369765.401, Florida Statutes, is amended to read:
370     765.401  The proxy.--
371     (1)  If an incapacitated or developmentally disabled
372patient has not executed an advance directive, or designated a
373surrogate to execute an advance directive, or the designated or
374alternate surrogate is no longer available to make health care
375decisions, health care decisions may be made for the patient by
376any of the following individuals, in the following order of
377priority, if no individual in a prior class is reasonably
378available, willing, or competent to act:
379     (b)  The patient's spouse or state-registered companion;
380     Section 10.  Subsection (1) of section 765.512, Florida
381Statutes, is amended to read:
382     765.512  Persons who may make an anatomical gift.--
383     (1)  Any person who may make a will may give all or part of
384his or her body for any purpose specified in s. 765.510, the
385gift to take effect upon death. An anatomical gift made by an
386adult donor and not revoked by the donor as provided in s.
387765.516 is irrevocable after the donor's death. A state
388registered companion, family member, guardian, representative ad
389litem, or health care surrogate of an adult donor who has made
390an anatomical gift pursuant to subsection (2) may not modify,
391deny, or prevent a donor's wish or intent to make an anatomical
392gift from being made after the donor's death.
393     Section 11.  Subsection (2) of section 872.04, Florida
394Statutes, is amended to read:
395     872.04  Autopsies; consent required, exception.--
396     (2)  Unless otherwise authorized by statute, no autopsy
397shall be performed without the written consent by the health
398care surrogate, as provided in s. 765.202, if one has been
399designated. If a health care surrogate has not been designated,
400then written consent may be provided by the spouse or state
401registered companion, nearest relative, or, if no such next of
402kin can be found, the person who has assumed custody of the body
403for purposes of burial. When two or more persons assume custody
404of the body for such purposes, then the consent of any one of
405them shall be sufficient to authorize the autopsy.
406     Section 12.  Paragraph (c) of subsection (1) of section
407905.04, Florida Statutes, is amended to read:
408     905.04  Grounds for challenge to individual prospective
409grand juror.--
410     (1)  The state or a person who has been held to answer may
411challenge an individual prospective grand juror on the ground
412that the juror:
413     (c)  Is related by blood, or marriage, or state-registered
414companionship within the third degree to the defendant, to the
415person alleged to be injured by the offense charged, or to the
416person on whose complaint the prosecution was instituted.
417     Section 13.  Subsection (9) of section 914.03, Florida
418Statutes, is amended to read:
419     913.03  Grounds for challenge to individual jurors for
420cause.--A challenge for cause to an individual juror may be made
421only on the following grounds:
422     (9)  The juror is related by blood, or marriage, or state
423registered companionship within the third degree to the
424defendant, the attorneys of either party, the person alleged to
425be injured by the offense charged, or the person on whose
426complaint the prosecution was instituted;
427     Section 14.  This act shall take effect July 1, 2008.


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