1

A bill to be entitled

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An act relating to the Florida Companion Registry;

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

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definitions; creating the registry within the Department

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of State; providing for creation and distribution of

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declaration and termination forms; providing for the

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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

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Statistics; providing for a fee; providing for automatic

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termination of a state-registered companion agreement

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under certain circumstances; providing procedures for

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voluntary termination of state-registered companion

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agreements; providing an effective date for voluntarily

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terminated agreements; providing for recordkeeping;

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providing for notice to the Office of Vital Statistics;

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providing for a fee; providing that a registered companion

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agreement created by a subdivision of the state is not a

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state-registered companion agreement for purposes of the

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Florida Companion Registry; requiring that subdivisions of

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the state that use the state's definition of a state-

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registered companion for purposes of companion benefits

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must allow the state registration certificate to satisfy

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any registration requirements; requiring such subdivisions

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to notify the Secretary of State of such acceptance;

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providing that the act does not affect companion

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relationship registrations created by any public entity;

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providing that state-registered companions have the same

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visitation rights as spouses in specified health care

31

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

32

affects any common law remedy; providing that state

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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.

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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.;

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revising provisions relating to hospital records to

45

include applicability to state-registered companions;

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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

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decisionmaking for incapacitated or developmentally

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disabled patients to authorize decisionmaking by state-

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registered companions with the same level of priority as

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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

61

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

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state-registered companions within the list of persons

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whose relationships to specified persons allow challenge

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to their service as jurors or grand jurors; providing an

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effective date.

66

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     WHEREAS, the Legislature finds that relationships exist in

68

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

69

which are committed and exclusive but not legally recognized by

70

law, and

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     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

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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

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domicile and have the same intent for such relationship to last

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for life, and

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     WHEREAS, the Legislature finds that rights should be granted

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to persons in such relationships as if legally married and that

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

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involved in financial decisions, the right to pension and benefit

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

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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

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decisions related to illness, incapacity, and death, and

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     WHEREAS, the legal framework for such rights to be granted

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to individuals in such found relationships does not exist;

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therefore, the Legislature sees fit that the Florida Companion

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Registry Act should do so, NOW, THEREFORE,

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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

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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.

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     754.02 Florida Companion Registry; forms; rulemaking.--

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     (1) The Florida Companion Registry is created within the

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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.

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     3. Contain a warning that registration may affect property

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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,

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

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The declaration must also contain instructions on how the

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partnership may be terminated under s. 754.05.

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     (b) The termination form must contain a statement that

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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.

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     (3) The secretary shall distribute these forms to each

135

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

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

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

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

139

chapter.

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     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;

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     (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

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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.--

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     (1) Two persons desiring to become state-registered

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companions who meet the requirements of s. 754.03 may jointly

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register by filing under oath a declaration of state-registered

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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

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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

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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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     754.05 Termination.--

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     (1) A state-registered companion agreement is automatically

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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 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

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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.--

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     (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.--

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

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state, county, or subordinate governmental agency, the payroll

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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

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and 222.16.

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     Section 5.  Section 222.15, Florida Statutes, is amended to

283

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

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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-

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registered companion husband, then to the child or children,

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

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

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

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employee at the time of his or her death.

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     (2)  It is also lawful for the Agency for Workforce

296

Innovation, in case of death of any unemployed individual, to pay

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to those persons referred to in subsection (1) any unemployment

298

compensation payments that may be due to the individual at the

299

time of his or her death.

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

301

Statutes, is amended to read:

302

     395.3025  Patient and personnel records; copies;

303

examination.--

304

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

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

306

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

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

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

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

311

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

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

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insurance information concerning such person, which records are

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in the possession of the licensed facility, provided the person

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requesting such records agrees to pay a charge. The exclusive

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charge for copies of patient records may include sales tax and

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

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

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

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These charges shall apply to all records furnished, whether

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directly from the facility or from a copy service providing these

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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

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

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

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

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microforms or other suitable reproductions of the records, upon

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such reasonable terms as shall be imposed to assure that the

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records will not be damaged, destroyed, or altered.

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

331

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

332

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

333

to read:

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

335

context otherwise requires, the term:

336

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

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

338

Statutes, is amended to read:

339

     497.005  Definitions.--As used in this chapter:

340

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

341

listed, the decedent, when written inter vivos authorizations and

342

directions are provided by the decedent; the surviving spouse or

343

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

344

companion has been arrested for committing against the deceased

345

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

346

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

347

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

348

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

349

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

350

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

351

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

352

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

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

354

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

355

public health officer; the medical examiner, county commission,

356

or administrator acting under part II of chapter 406 or other

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public administrator; a representative of a nursing home or other

358

health care institution in charge of final disposition; or a

359

friend or other person not listed in this subsection who is

360

willing to assume the responsibility as the legally authorized

361

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

362

this subsection, the funeral establishment shall rely upon the

363

authorization of any one legally authorized person of that class

364

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

365

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

366

others in the same class of the person making the representation

367

or of any person in a higher priority class.

368

     Section 9.  Subsection (1) of section 765.401, Florida

369

Statutes, is amended to read:

370

     765.401  The proxy.--

371

     (1)  If an incapacitated or developmentally disabled patient

372

has not executed an advance directive, or designated a surrogate

373

to execute an advance directive, or the designated or alternate

374

surrogate is no longer available to make health care decisions,

375

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

376

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

377

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

378

competent to act:

379

     (a)  The judicially appointed guardian of the patient or the

380

guardian advocate of the person having a developmental disability

381

as defined in s. 393.063, who has been authorized to consent to

382

medical treatment, if such guardian has previously been

383

appointed; however, this paragraph shall not be construed to

384

require such appointment before a treatment decision can be made

385

under this subsection;

386

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

387

     (c)  An adult child of the patient, or if the patient has

388

more than one adult child, a majority of the adult children who

389

are reasonably available for consultation;

390

     (d)  A parent of the patient;

391

     (e)  The adult sibling of the patient or, if the patient has

392

more than one sibling, a majority of the adult siblings who are

393

reasonably available for consultation;

394

     (f)  An adult relative of the patient who has exhibited

395

special care and concern for the patient and who has maintained

396

regular contact with the patient and who is familiar with the

397

patient's activities, health, and religious or moral beliefs; or

398

     (g) A close friend of the patient; or.

399

     (h)  A clinical social worker licensed pursuant to chapter

400

491, or who is a graduate of a court-approved guardianship

401

program. Such a proxy must be selected by the provider's

402

bioethics committee and must not be employed by the provider. If

403

the provider does not have a bioethics committee, then such a

404

proxy may be chosen through an arrangement with the bioethics

405

committee of another provider. The proxy will be notified that,

406

upon request, the provider shall make available a second

407

physician, not involved in the patient's care to assist the proxy

408

in evaluating treatment. Decisions to withhold or withdraw life-

409

prolonging procedures will be reviewed by the facility's

410

bioethics committee. Documentation of efforts to locate proxies

411

from prior classes must be recorded in the patient record.

412

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

413

Statutes, is amended to read:

414

     765.512  Persons who may make an anatomical gift.--

415

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

416

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

417

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

418

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

419

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

420

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

421

health care surrogate of an adult donor who has made an

422

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

423

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

424

from being made after the donor's death.

425

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

426

Statutes, is amended to read:

427

     872.04  Autopsies; consent required, exception.--

428

     (2)  Unless otherwise authorized by statute, no autopsy

429

shall be performed without the written consent by the health care

430

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

431

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

432

consent may be provided by the spouse or state-registered

433

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

434

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

435

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

436

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

437

shall be sufficient to authorize the autopsy.

438

     Section 12.  Subsection (1) of section 905.04, Florida

439

Statutes, is amended to read:

440

     905.04  Grounds for challenge to individual prospective

441

grand juror.--

442

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

443

challenge an individual prospective grand juror on the ground

444

that the juror:

445

     (a)  Does not have the qualifications required by law;

446

     (b)  Has a state of mind that will prevent him or her from

447

acting impartially and without prejudice to the substantial

448

rights of the party challenging;

449

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

450

companionship within the third degree to the defendant, to the

451

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

452

person on whose complaint the prosecution was instituted.

453

     Section 13.  Section 914.03, Florida Statutes, is amended to

454

read:

455

     913.03  Grounds for challenge to individual jurors for

456

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

457

only on the following grounds:

458

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

459

law;

460

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

461

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

462

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

463

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

464

of an individual juror;

465

     (3)  The juror has conscientious beliefs that would preclude

466

him or her from finding the defendant guilty;

467

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

468

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

469

a person whose death is the subject of the indictment or

470

information;

471

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

472

defendant for the same offense;

473

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

474

for the offense charged in the indictment, information, or

475

affidavit;

476

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

477

against the defendant for the act charged as an offense;

478

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

479

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

480

defendant in a criminal prosecution;

481

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

482

registered companionship within the third degree to the

483

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

484

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

485

complaint the prosecution was instituted;

486

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

487

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

488

charged, or the person on whose complaint the prosecution was

489

instituted that will prevent the juror from acting with

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impartiality, but the formation of an opinion or impression

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

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

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

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verdict according to the evidence;

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

496

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

497

witness for either party at the trial; or

498

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

499

case.

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