Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 196
                                Barcode 180026                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/02/2013           .                                

       The Committee on Children, Families, and Elder Affairs (Sobel)
       recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (29) is added to section 28.24,
    6  Florida Statutes, to read:
    7         28.24 Service charges by clerk of the circuit court.—The
    8  clerk of the circuit court shall charge for services rendered by
    9  the clerk’s office in recording documents and instruments and in
   10  performing the duties enumerated in amounts not to exceed those
   11  specified in this section. Notwithstanding any other provision
   12  of this section, the clerk of the circuit court shall provide
   13  without charge to the state attorney, public defender, guardian
   14  ad litem, public guardian, attorney ad litem, criminal conflict
   15  and civil regional counsel, and private court-appointed counsel
   16  paid by the state, and to the authorized staff acting on behalf
   17  of each, access to and a copy of any public record, if the
   18  requesting party is entitled by law to view the exempt or
   19  confidential record, as maintained by and in the custody of the
   20  clerk of the circuit court as provided in general law and the
   21  Florida Rules of Judicial Administration. The clerk of the
   22  circuit court may provide the requested public record in an
   23  electronic format in lieu of a paper format when capable of
   24  being accessed by the requesting entity.
   26  Charges
   28         (29) Upon receipt of a Declaration of Domestic Partnership,
   29  for preparing and administering of oath, and filing and
   30  providing a certified copy the domestic partnership,$30.00.
   31         Section 2. Subsection (3) of section 382.009, Florida
   32  Statutes, is amended to read:
   33         382.009 Recognition of brain death under certain
   34  circumstances.—
   35         (3) The next of kin of the patient and domestic partner
   36  shall be notified as soon as practicable of the procedures to
   37  determine death under this section. The medical records shall
   38  reflect such notice; if such notice has not been given, the
   39  medical records shall reflect the attempts to identify and
   40  notify the next of kin.
   41         Section 3. Paragraph (c) of subsection (5) of section
   42  394.459, Florida Statutes, is amended to read:
   43         394.459 Rights of patients.—
   45         (c) Each facility must permit immediate access to any
   46  patient, subject to the patient’s right to deny or withdraw
   47  consent at any time, by the patient’s family members, including
   48  the patient’s domestic partner, guardian, guardian advocate,
   49  representative, Florida statewide or local advocacy council, or
   50  attorney, unless such access would be detrimental to the
   51  patient. If a patient’s right to communicate or to receive
   52  visitors is restricted by the facility, written notice of such
   53  restriction and the reasons for the restriction shall be served
   54  on the patient, the patient’s attorney, and the patient’s
   55  guardian, guardian advocate, or representative; and such
   56  restriction shall be recorded on the patient’s clinical record
   57  with the reasons therefor. The restriction of a patient’s right
   58  to communicate or to receive visitors shall be reviewed at least
   59  every 7 days. The right to communicate or receive visitors shall
   60  not be restricted as a means of punishment. Nothing in this
   61  paragraph shall be construed to limit the provisions of
   62  paragraph (d).
   63         Section 4. Paragraphs (c) and (e) of subsection (1) of
   64  section 400.022, Florida Statutes, are amended to read:
   65         400.022 Residents’ rights.—
   66         (1) All licensees of nursing home facilities shall adopt
   67  and make public a statement of the rights and responsibilities
   68  of the residents of such facilities and shall treat such
   69  residents in accordance with the provisions of that statement.
   70  The statement shall assure each resident the following:
   71         (c) Any entity or individual that provides health, social,
   72  legal, or other services to a resident has the right to have
   73  reasonable access to the resident. The resident has the right to
   74  deny or withdraw consent to access at any time by any entity or
   75  individual. Notwithstanding the visiting policy of the facility,
   76  the following individuals must be permitted immediate access to
   77  the resident:
   78         1. Any representative of the federal or state government,
   79  including, but not limited to, representatives of the Department
   80  of Children and Family Services, the Department of Health, the
   81  Agency for Health Care Administration, the Office of the
   82  Attorney General, and the Department of Elderly Affairs; any law
   83  enforcement officer; members of the state or local ombudsman
   84  council; and the resident’s individual physician.
   85         2. Subject to the resident’s right to deny or withdraw
   86  consent, immediate family, including the resident’s domestic
   87  partner, or other relatives of the resident.
   89  The facility must allow representatives of the State Long-Term
   90  Care Ombudsman Council to examine a resident’s clinical records
   91  with the permission of the resident or the resident’s legal
   92  representative and consistent with state law.
   93         (e) The right to organize and participate in resident
   94  groups in the facility and the right to have the resident’s
   95  family, including the resident’s domestic partner, meet in the
   96  facility with the families of other residents.
   97         Section 5. Section 406.50, Florida Statutes, is amended to
   98  read:
   99         406.50 Unclaimed dead bodies or human remains; disposition,
  100  procedure.—All public officers, agents, or employees of every
  101  county, city, village, town, or municipality and every person in
  102  charge of any prison, morgue, hospital, funeral parlor, or
  103  mortuary and all other persons coming into possession, charge,
  104  or control of any dead human body or remains which are unclaimed
  105  or which are required to be buried or cremated at public expense
  106  are hereby required to notify, immediately, the anatomical
  107  board, whenever any such body, bodies, or remains come into its
  108  possession, charge, or control. Notification of the anatomical
  109  board is not required if the death was caused by crushing
  110  injury, the deceased had a contagious disease, an autopsy was
  111  required to determine cause of death, the body was in a state of
  112  severe decomposition, or a family member, including a domestic
  113  partner, objects to use of the body for medical education and
  114  research.
  115         (1) The person or entity in charge or control of the dead
  116  body or human remains shall make a reasonable effort to
  117  determine:
  118         (a) The identity of the deceased person and shall further
  119  make a reasonable effort to contact any relatives, including a
  120  domestic partner, of such deceased person.
  121         (b) Whether or not the deceased person is entitled to
  122  burial in a national cemetery as a veteran of the armed forces
  123  and, if so, shall make arrangements for such burial services in
  124  accordance with the provisions of 38 C.F.R. For purposes of this
  125  subsection, “a reasonable effort” includes contacting the county
  126  veterans service office or regional office of the United States
  127  Department of Veterans Affairs.
  128         (2) Such dead human bodies as described in this chapter
  129  shall be delivered to the anatomical board as soon as possible
  130  after death.
  131         (3) Nothing herein shall affect the right of a medical
  132  examiner to hold such dead body or remains for the purpose of
  133  investigating the cause of death, nor shall this chapter affect
  134  the right of any court of competent jurisdiction to enter an
  135  order affecting the disposition of such body or remains.
  136         (4) In the event more than one legally authorized person
  137  claims a body for interment, the requests shall be prioritized
  138  in accordance with s. 732.103.
  140  For purposes of this chapter, the term “anatomical board” means
  141  the anatomical board of this state located at the University of
  142  Florida Health Science Center, and the term “unclaimed” means a
  143  dead body or human remains that is not claimed by a legally
  144  authorized person, as defined in s. 497.005, for interment at
  145  that person’s expense.
  146         Section 6. Paragraph (g) of subsection (2) of section
  147  408.051, Florida Statutes, is amended to read:
  148         408.051 Florida Electronic Health Records Exchange Act.—
  149         (2) DEFINITIONS.—As used in this section, the term:
  150         (g) “Patient representative” means a parent of a minor
  151  patient, a court-appointed guardian for the patient, a health
  152  care surrogate, or a person holding a power of attorney or
  153  notarized consent appropriately executed by the patient granting
  154  permission to a health care facility or health care provider to
  155  disclose the patient’s health care information to that person.
  156  In the case of a deceased patient, the term also means the
  157  personal representative of the estate of the deceased patient;
  158  the deceased patient’s surviving spouse, surviving domestic
  159  partner, surviving parent, or surviving adult child; the parent
  160  or guardian of a surviving minor child of the deceased patient;
  161  the attorney for the patient’s surviving spouse, domestic
  162  partner, parent, or adult child; or the attorney for the parent
  163  or guardian of a surviving minor child.
  164         Section 7. Paragraph (g) of subsection (1) of section
  165  429.28, Florida Statutes, is amended to read:
  166         429.28 Resident bill of rights.—
  167         (1) No resident of a facility shall be deprived of any
  168  civil or legal rights, benefits, or privileges guaranteed by
  169  law, the Constitution of the State of Florida, or the
  170  Constitution of the United States as a resident of a facility.
  171  Every resident of a facility shall have the right to:
  172         (g) Share a room with his or her spouse or domestic partner
  173  if both are residents of the facility.
  174         Section 8. Paragraph (g) of subsection (1) of section
  175  429.85, Florida Statutes, is amended to read:
  176         429.85 Residents’ bill of rights.—
  177         (1) A resident of an adult family-care home may not be
  178  deprived of any civil or legal rights, benefits, or privileges
  179  guaranteed by law, the State Constitution, or the Constitution
  180  of the United States solely by reason of status as a resident of
  181  the home. Each resident has the right to:
  182         (g) Share a room with the resident’s spouse or domestic
  183  partner if both are residents of the home.
  184         Section 9. Paragraph (b) of subsection (5) of section
  185  446.50, Florida Statutes, is amended to read:
  186         446.50 Displaced homemakers; multiservice programs; report
  187  to the Legislature; Displaced Homemaker Trust Fund created.—
  189         (b) The trust fund shall receive funds generated from an
  190  additional fee on marriage license applications and dissolution
  191  of marriage filings as specified in ss. 741.01(3), 741.507, and
  192  28.101, respectively, and may receive funds from any other
  193  public or private source.
  194         Section 10. Subsection (39) of section 497.005, Florida
  195  Statutes, is amended to read:
  196         497.005 Definitions.—As used in this chapter, the term:
  197         (39) “Legally authorized person” means, in the priority
  198  listed:
  199         (a) The decedent, when written inter vivos authorizations
  200  and directions are provided by the decedent;
  201         (b) The person designated by the decedent as authorized to
  202  direct disposition pursuant to Pub. L. No. 109-163, s. 564, as
  203  listed on the decedent’s United States Department of Defense
  204  Record of Emergency Data, DD Form 93, or its successor form, if
  205  the decedent died while serving military service as described in
  206  10 U.S.C. s. 1481(a)(1)-(8) in any branch of the United States
  207  Armed Forces, United States Reserve Forces, or National Guard;
  208         (c) The surviving spouse or domestic partner, unless the
  209  spouse or domestic partner has been arrested for committing
  210  against the deceased an act of domestic violence as defined in
  211  s. 741.28 that resulted in or contributed to the death of the
  212  deceased;
  213         (d) A son or daughter who is 18 years of age or older;
  214         (e) A parent;
  215         (f) A brother or sister who is 18 years of age or older;
  216         (g) A grandchild who is 18 years of age or older;
  217         (h) A grandparent; or
  218         (i) Any person in the next degree of kinship.
  220  In addition, the term may include, if no family member exists or
  221  is available, the guardian of the dead person at the time of
  222  death; the personal representative of the deceased; the attorney
  223  in fact of the dead person at the time of death; the health
  224  surrogate of the dead person at the time of death; a public
  225  health officer; the medical examiner, county commission, or
  226  administrator acting under part II of chapter 406 or other
  227  public administrator; a representative of a nursing home or
  228  other health care institution in charge of final disposition; or
  229  a friend or other person not listed in this subsection who is
  230  willing to assume the responsibility as the legally authorized
  231  person. Where there is a person in any priority class listed in
  232  this subsection, the funeral establishment shall rely upon the
  233  authorization of any one legally authorized person of that class
  234  if that person represents that she or he is not aware of any
  235  objection to the cremation of the deceased’s human remains by
  236  others in the same class of the person making the representation
  237  or of any person in a higher priority class.
  238         Section 11. Paragraph (e) of subsection (8) of section
  239  497.152, Florida Statutes, is amended to read:
  240         497.152 Disciplinary grounds.—This section sets forth
  241  conduct that is prohibited and that shall constitute grounds for
  242  denial of any application, imposition of discipline, or other
  243  enforcement action against the licensee or other person
  244  committing such conduct. For purposes of this section, the
  245  requirements of this chapter include the requirements of rules
  246  adopted under authority of this chapter. No subsection heading
  247  in this section shall be interpreted as limiting the
  248  applicability of any paragraph within the subsection.
  250  REMAINS.—
  251         (e) Failing to obtain written authorization from the
  252  family, including the domestic partner, or next of kin of the
  253  deceased prior to entombment, interment, disinterment,
  254  disentombment, or disinurnment of the remains of any human
  255  being.
  256         Section 12. Subsection (2) of section 741.01, Florida
  257  Statutes, is amended to read:
  258         741.01 County court judge or clerk of the circuit court to
  259  issue marriage license; fee.—
  260         (2) The fee charged for each marriage license issued in the
  261  state shall be increased by the sum of $25. This fee shall be
  262  collected upon receipt of the application for the issuance of a
  263  marriage license and remitted by the clerk to the Department of
  264  Revenue for deposit in the Domestic Violence Trust Fund. The
  265  Executive Office of the Governor shall establish a Domestic
  266  Violence Trust Fund for the purpose of collecting and disbursing
  267  funds generated from the increase in the marriage license fee
  268  and the Declaration of Domestic Partnership fee collected
  269  pursuant to s. 741.507. Such funds which are generated shall be
  270  directed to the Department of Children and Family Services for
  271  the specific purpose of funding domestic violence centers, and
  272  the funds shall be appropriated in a “grants-in-aid” category to
  273  the Department of Children and Family Services for the purpose
  274  of funding domestic violence centers. From the proceeds of the
  275  surcharge deposited into the Domestic Violence Trust Fund as
  276  required under s. 938.08, the Executive Office of the Governor
  277  may spend up to $500,000 each year for the purpose of
  278  administering a statewide public-awareness campaign regarding
  279  domestic violence.
  280         Section 13. Section 741.501, Florida Statutes, is created
  281  to read:
  282         741.501Legislative findings.—The Legislature finds that:
  283         (1)There are a significant number of individuals in this
  284  state who live together in important and personally,
  285  emotionally, and economically committed relationships who are
  286  not married under state law. These familial relationships are
  287  often referred to as domestic partnerships. The 2010 census
  288  indicates that more than 12 percent of Americans identified
  289  themselves as living in a domestic partnership.
  290         (2)The state has a strong interest in promoting stable and
  291  lasting families and believes that all familial relationships,
  292  including domestic partnerships, should be provided with
  293  important legal protections.
  294         (3)The status of marriage in this state is limited by Art.
  295  I of the State Constitution to the union of one man and one
  296  woman and the Legislature does not seek to alter the definition
  297  of marriage in any way. The Legislature also finds, however,
  298  that recognition of domestic partnerships can provide an
  299  alternative mechanism for extending certain important rights and
  300  responsibilities to individuals who choose to form long-term,
  301  mutually supportive relationships. Such recognition will provide
  302  support to these familial relationships without affecting the
  303  definition of marriage, without creating or recognizing a legal
  304  relationship that is the substantial equivalent of marriage, and
  305  without affecting restrictions contained in federal law. This
  306  law does not alter, affect, or contravene any municipal, county,
  307  state, or federal law that defines marriage, nor shall it be
  308  interpreted as recognizing or treating a domestic partnership as
  309  a marriage.
  310         (4)Because of the material and other support that domestic
  311  partnerships provide to their participants, these relationships
  312  should be formally recognized and made uniform by law.
  313  Recognition of these relationships will also promote employee
  314  recruitment, employee retention, and employee loyalty for
  315  employers within this state; and will promote economic
  316  development by attracting companies to this state which value
  317  diversity and protections for their employees. Therefore, the
  318  Legislature declares that it is the policy of this state to
  319  establish and define the rights and responsibilities of domestic
  320  partners.
  321         Section 14. Section 741.502, Florida Statutes, is created
  322  to read:
  323         741.502 Definitions.—As used in ss. 741.501-741.510, the
  324  term:
  325         (1) “Correctional facility” means any penal, correctional,
  326  or detention facility operated by the state, one or more
  327  counties, a municipality, or a private corporation.
  328         (2) “Domestic partner” means a person who enters into a
  329  domestic partnership.
  330         (3) “Domestic partnership” means a civil contract that
  331  meets the requirements of s. 741.505.
  332         (4) “Health care facility” means a facility licensed under
  333  chapter 395, chapter 400, or chapter 429 or defined in s.
  334  394.455.
  335         (5) “Mutual residence” means a residence that is shared,
  336  without the necessity that the legal right to possess the
  337  property be in the name of both residents and regardless of
  338  whether either resident has another dwelling.
  339         Section 15. Section 741.503, Florida Statutes, is created
  340  to read:
  341         741.503Forms.—The Department of Health shall prepare and
  342  adopt the following forms:
  343         (1) Declaration of Domestic Partnership.
  344         (2) Certificate of Domestic Partnership.
  345         (3) Notice of Termination of Domestic Partnership.
  346         (4) Certificate of Termination of Domestic Partnership.
  347         Section 16. Section 741.504, Florida Statutes, is created
  348  to read:
  349         741.504 Domestic partnership requirements.—
  350         (1) A domestic partnership may be formed by filing a
  351  Declaration of Domestic Partnership form with a clerk of the
  352  circuit court in any county. The declaration must include:
  353         (a) A statement attesting that each party is 18 years of
  354  age or older. The clerk may accept any reasonable proof of an
  355  individual’s age, but the clerk must accept a driver license or
  356  passport.
  357         (b) A statement attesting that at least one of the parties
  358  is a resident of this state.
  359         (c)A statement attesting that both parties share a mutual
  360  residence.
  361         (d)A statement attesting that formation of a domestic
  362  partnership is not prohibited under s. 741.505.
  363         (e) A mailing address for each party.
  364         (f) The notarized signature of each party, along with a
  365  declaration that the representations made on the form are true
  366  and correct and contain no material omissions of fact to the
  367  best knowledge and belief of each party.
  368         (2) A person who intentionally provides materially false
  369  information on a Declaration of Domestic Partnership form
  370  commits a misdemeanor of the first degree, punishable as
  371  provided in s. 775.082 or s. 775.083.
  372         (3) If the Declaration of Domestic Partnership satisfies
  373  the requirements of this section, the clerk of the circuit court
  374  shall:
  375         (a) Record the Declaration of Domestic Partnership in the
  376  official records.
  377         (b) Issue a Certificate of Domestic Partnership to the
  378  partners in person or at the mailing address provided.
  379         Section 17. Section 741.505, Florida Statutes, is created
  380  to read:
  381         741.505 Prohibitions to forming a domestic partnership.—A
  382  domestic partnership is prohibited if:
  383         (1) Either party is married to a different person, unless
  384  the marriage has been legally terminated.
  385         (2)Either party is a party to a domestic partnership with
  386  a different domestic partner, unless the domestic partnership
  387  has been legally terminated.
  388         (3) The parties are related by lineal consanguinity or are
  389  siblings, or if one party is the niece or nephew of the other
  390  party.
  391         (4) Either party is incapable of making the civil contract
  392  or of consenting to the contract for want of legal age or
  393  sufficient understanding.
  394         (5) Consent to formation of the domestic partnership by
  395  either party is obtained by force, fraud, or duress.
  396         Section 18. Section 741.506, Florida Statutes, is created
  397  to read:
  398         741.506 Domestic partnership; rights; enforcement.—
  399         (1) A health care facility shall provide a domestic partner
  400  with the same right of visitation it provides a spouse.
  401         (2) A correctional institution shall grant a domestic
  402  partner the same visitation privileges it grants a spouse.
  403         (3) Any public or private entity that provides notice to a
  404  spouse or relative in the event of an emergency shall provide
  405  notice to a domestic partner.
  406         (4) Domestic partners have the same right to jointly own
  407  property by tenancy by the entirety, and all legal attributes
  408  thereof, as is afforded to spouses.
  409         (5) In the absence of a written designation of a healthcare
  410  surrogate, a domestic partner has the same right to serve as
  411  proxy, as provided in chapter 765, as a spouse.
  412         (6) A decedent’s domestic partner has the authority to act
  413  as “patient’s representative” and to direct the disposition of
  414  the decedent’s body as provided in chapters 382, 406, 408, 497,
  415  765, and 872.
  416         (7) A violation of this section may be enforced by private
  417  cause of action filed in any court of competent jurisdiction for
  418  declaratory relief, injunctive relief, or both. The prevailing
  419  party is entitled to recover attorney fees.
  420         Section 19. Section 741.507, Florida Statutes, is created
  421  to read:
  422         741.507Fees.—
  423         (1) Upon receipt of a Declaration of Domestic Partnership,
  424  the clerk of the circuit court shall collect and receive:
  425         (a) A fee of $30 as provided in s. 28.24(29).
  426         (b) A fee of $2 for receiving the Declaration of Domestic
  427  Partnership.
  428         (c) A fee of $25 to be remitted to the Department of
  429  Revenue for deposit into the Domestic Violence Trust Fund.
  430         (d) A fee of $25 to be remitted to the Department of
  431  Revenue for monthly deposit into the General Revenue Fund.
  432         (e) A fee of $7.50 to be remitted to the Department of
  433  Revenue for deposit into the Displaced Homemaker Trust Fund
  434  created in s. 446.50.
  435         (2) An applicant for a Certificate of Domestic Partnership
  436  who cannot pay the fees required under subsection (1) in a lump
  437  sum may make payment in not more than three installments over a
  438  period of 90 days. The clerk shall accept installment payments
  439  upon receipt of an affidavit that the applicant cannot pay the
  440  fees in a lump-sum payment. Upon receipt of the third or final
  441  installment payment, the Declaration of Domestic Partnership
  442  shall be deemed filed, and the clerk shall issue the Certificate
  443  of Domestic Partnership and distribute the fees as provided in
  444  subsection (1). If the fees are paid in installments, the clerk
  445  shall retain $1 from the fee imposed pursuant to paragraph
  446  (1)(b) as a processing fee.
  447         (3) Upon receipt of a Notice of Termination of Domestic
  448  Partnership, the clerk of the circuit court shall collect and
  449  receive a fee of $10.
  450         Section 20. Section 741.508, Florida Statutes, is created
  451  to read:
  452         741.508 Proof of domestic partnership if certificate is not
  453  available.—
  454         (1) If the Certificate of Domestic Partnership is not
  455  available, the domestic partnership may be proved by an
  456  affidavit before any officer authorized to administer oaths
  457  which is made by two competent witnesses who were present and
  458  saw the Declaration of Domestic Partnership executed.
  459         (2) The clerk of the circuit court of the county in which
  460  the Declaration of Domestic Partnership originally was executed
  461  shall file and record the affidavit and shall issue a new
  462  certificate, which has the same force and effect as the
  463  original.
  464         (3) For purposes of this section, a Certificate of Domestic
  465  Partnership is not available if:
  466         (a) A Declaration of Domestic Partnership was executed in
  467  accordance with s. 741.504 but was not recorded;
  468         (b) The certificate is lost; or
  469         (c) The certificate cannot be obtained by reason of death
  470  or other cause.
  471         Section 21. Section 741.509, Florida Statutes, is created
  472  to read:
  473         741.509 Termination of partnership.—
  474         (1) A party to a domestic partnership may terminate the
  475  partnership by filing a Notice of Termination of Domestic
  476  Partnership with the clerk of the circuit court and by paying
  477  the filing fee established under s. 741.507. The notice must be
  478  signed by at least one of the parties and notarized. If the
  479  notice is not signed by both parties, the party who seeks
  480  termination must also file with the clerk an affidavit stating
  481  that:
  482         (a) Notice has been served on the other party in the manner
  483  prescribed for the service of summons in a civil action; or
  484         (b) The party who seeks termination has not been able to
  485  find the other party after reasonable effort and that notice has
  486  been made pursuant to s. 50.011 by publication in a newspaper of
  487  general distribution in the county where the domestic partners
  488  were last domiciled.
  489         (2) The domestic partnership is terminated effective 90
  490  days after the date of filing the notice of termination and
  491  payment of the filing fee.
  492         (3) Upon receipt of a signed, notarized notice of
  493  termination, affidavit, if required, and filing fee, the clerk
  494  of the circuit court shall file the notice of termination and
  495  issue a Certificate of Termination of Domestic Partnership to
  496  each party in person or at the mailing address provided on the
  497  notice.
  498         (4) A domestic partnership is automatically terminated if,
  499  subsequent to the registration of the domestic partnership:
  500         (a) Either party or both parties enter into a marriage that
  501  is recognized as valid in this state, either with each other or
  502  with another person; or
  503         (b) One party dies, except that the death of a domestic
  504  partner does not extinguish the surviving domestic partner’s
  505  rights with respect to the medical record of, or information
  506  relating to, the decedent and with respect to the disposition of
  507  the decedent’s body and the decedent’s funeral arrangements.
  508         (5) If a domestic partnership is automatically terminated,
  509  at least one party must file a notice of termination with the
  510  clerk of the circuit court within 30 days of the event causing
  511  the automatic termination.
  512         Section 22. Section 741.510, Florida Statutes, is created
  513  to read:
  514         741.510 Preemption.—This act does not preempt the authority
  515  of a county or municipality to enact a domestic partnership
  516  ordinance that is not in conflict with this act.
  517         Section 23. Section 765.105, Florida Statutes, is amended
  518  to read:
  519         765.105 Review of surrogate or proxy’s decision.—The
  520  patient’s family, including the patient’s domestic partner, the
  521  health care facility, or the attending physician, or any other
  522  interested person who may reasonably be expected to be directly
  523  affected by the surrogate or proxy’s decision concerning any
  524  health care decision may seek expedited judicial intervention
  525  pursuant to rule 5.900 of the Florida Probate Rules, if that
  526  person believes:
  527         (1) The surrogate or proxy’s decision is not in accord with
  528  the patient’s known desires or the provisions of this chapter;
  529         (2) The advance directive is ambiguous, or the patient has
  530  changed his or her mind after execution of the advance
  531  directive;
  532         (3) The surrogate or proxy was improperly designated or
  533  appointed, or the designation of the surrogate is no longer
  534  effective or has been revoked;
  535         (4) The surrogate or proxy has failed to discharge duties,
  536  or incapacity or illness renders the surrogate or proxy
  537  incapable of discharging duties;
  538         (5) The surrogate or proxy has abused powers; or
  539         (6) The patient has sufficient capacity to make his or her
  540  own health care decisions.
  541         Section 24. Subsection (1) of section 765.401, Florida
  542  Statutes, is amended to read:
  543         765.401 The proxy.—
  544         (1) If an incapacitated or developmentally disabled patient
  545  has not executed an advance directive, or designated a surrogate
  546  to execute an advance directive, or the designated or alternate
  547  surrogate is no longer available to make health care decisions,
  548  health care decisions may be made for the patient by any of the
  549  following individuals, in the following order of priority, if no
  550  individual in a prior class is reasonably available, willing, or
  551  competent to act:
  552         (a) The judicially appointed guardian of the patient or the
  553  guardian advocate of the person having a developmental
  554  disability as defined in s. 393.063, who has been authorized to
  555  consent to medical treatment, if such guardian has previously
  556  been appointed; however, this paragraph shall not be construed
  557  to require such appointment before a treatment decision can be
  558  made under this subsection;
  559         (b) The patient’s spouse or domestic partner;
  560         (c) An adult child of the patient, or if the patient has
  561  more than one adult child, a majority of the adult children who
  562  are reasonably available for consultation;
  563         (d) A parent of the patient;
  564         (e) The adult sibling of the patient or, if the patient has
  565  more than one sibling, a majority of the adult siblings who are
  566  reasonably available for consultation;
  567         (f) An adult relative of the patient who has exhibited
  568  special care and concern for the patient and who has maintained
  569  regular contact with the patient and who is familiar with the
  570  patient’s activities, health, and religious or moral beliefs; or
  571         (g) A close friend of the patient; or.
  572         (h) A clinical social worker licensed pursuant to chapter
  573  491, or who is a graduate of a court-approved guardianship
  574  program. Such a proxy must be selected by the provider’s
  575  bioethics committee and must not be employed by the provider. If
  576  the provider does not have a bioethics committee, then such a
  577  proxy may be chosen through an arrangement with the bioethics
  578  committee of another provider. The proxy will be notified that,
  579  upon request, the provider shall make available a second
  580  physician, not involved in the patient’s care to assist the
  581  proxy in evaluating treatment. Decisions to withhold or withdraw
  582  life-prolonging procedures will be reviewed by the facility’s
  583  bioethics committee. Documentation of efforts to locate proxies
  584  from prior classes must be recorded in the patient record.
  585         Section 25. Subsections (1) and (3) of section 765.512,
  586  Florida Statutes, are amended to read:
  587         765.512 Persons who may make an anatomical gift.—
  588         (1) Any person who may make a will may make an anatomical
  589  gift of his or her body.
  590         (a) If the decedent makes an anatomical gift by one of the
  591  methods listed in s. 765.514(1), and in the absence of actual
  592  notice of contrary indications by the decedent, the document or
  593  entry in the donor registry is legally sufficient evidence of
  594  the decedent’s informed consent to donate an anatomical gift.
  595         (b) An anatomical gift made by a qualified donor and not
  596  revoked by the donor, as provided in s. 765.516, is irrevocable
  597  after the donor’s death. A family member, including a domestic
  598  partner, guardian, representative ad litem, or health care
  599  surrogate may not modify, deny, or prevent a donor’s wish or
  600  intent to make an anatomical gift after the donor’s death.
  601         (3) If the decedent has not made an anatomical gift or
  602  designated a health surrogate, a member of one of the classes of
  603  persons listed below, in the order of priority listed and in the
  604  absence of actual notice of contrary indications by the decedent
  605  or actual notice of opposition by a member of a prior class, may
  606  give all or any part of the decedent’s body for any purpose
  607  specified in s. 765.513:
  608         (a) The spouse or domestic partner of the decedent;
  609         (b) An adult son or daughter of the decedent;
  610         (c) Either parent of the decedent;
  611         (d) An adult brother or sister of the decedent;
  612         (e) An adult grandchild of the decedent;
  613         (f) A grandparent of the decedent;
  614         (g) A close personal friend, as defined in s. 765.101;
  615         (h) A guardian of the person of the decedent at the time of
  616  his or her death; or
  617         (i) A representative ad litem appointed by a court of
  618  competent jurisdiction upon a petition heard ex parte filed by
  619  any person, who shall ascertain that no person of higher
  620  priority exists who objects to the gift of all or any part of
  621  the decedent’s body and that no evidence exists of the
  622  decedent’s having made a communication expressing a desire that
  623  his or her body or body parts not be donated upon death.
  625  Those of higher priority who are reasonably available must be
  626  contacted and made aware of the proposed gift and a reasonable
  627  search must be conducted which shows that there would have been
  628  no objection to the gift by the decedent.
  629         Section 26. Subsection (1) of section 765.517, Florida
  630  Statutes, is amended to read:
  631         765.517 Rights and duties at death.—
  632         (1) The donee, pursuant to s. 765.515(2), may accept or
  633  reject an anatomical gift. If the donee accepts a gift to be
  634  used for research or education purposes, the donee may authorize
  635  embalming and the use of the body in funeral services, subject
  636  to the terms of the gift. If the gift is of a part of the body,
  637  the donee shall cause the part to be removed without unnecessary
  638  mutilation upon the death of the donor and before or after
  639  embalming. After removal of the body part, custody of the
  640  remainder of the body vests in the surviving spouse, domestic
  641  partner, next of kin, or other persons under obligation to
  642  dispose of the body.
  643         Section 27. Subsection (2) of section 872.04, Florida
  644  Statutes, is amended to read:
  645         872.04 Autopsies; consent required, exception.—
  646         (2) Unless otherwise authorized by statute, no autopsy
  647  shall be performed without the written consent by the health
  648  care surrogate, as provided in s. 765.202, if one has been
  649  designated. If a health care surrogate has not been designated,
  650  then written consent may be provided by the spouse, domestic
  651  partner, nearest relative, or, if no such next of kin can be
  652  found, the person who has assumed custody of the body for
  653  purposes of burial. When two or more persons assume custody of
  654  the body for such purposes, then the consent of any one of them
  655  shall be sufficient to authorize the autopsy.
  656         Section 28. This act shall take effect July 1, 2013.
  658  ================= T I T L E  A M E N D M E N T ================
  659         And the title is amended as follows:
  660         Delete everything before the enacting clause
  661  and insert:
  662                        A bill to be entitled                      
  663         An act relating to domestic partners; amending s.
  664         28.24, F.S.; authorizing the clerk of the circuit
  665         court to collect a filing fee for domestic partner
  666         registrations; amending s. 382.009, F.S.; requiring
  667         notification of a patient’s domestic partner in the
  668         event of the brain death of the patient; amending s.
  669         394.459, F.S.; providing access to a mental health
  670         patient by his or her domestic partner; amending s.
  671         400.022, F.S.; requiring that nursing homes allow a
  672         domestic partner access to his or her partner who is a
  673         resident and requiring that the domestic partner be
  674         allowed to meet with the families of other residents;
  675         amending s. 406.50, F.S.; requiring notification of a
  676         decedent’s domestic partner before the decedent’s body
  677         can be used for medical education or research;
  678         amending s. 408.051, F.S.; adding “domestic partner”
  679         to the definition of the term “patient
  680         representative”; amending s. 429.28, F.S.; requiring
  681         that assisted living facilities allow domestic
  682         partners to share a room; amending s. 429.85, F.S.;
  683         requiring that adult family-care homes allow domestic
  684         partners to share a room; amending s. 446.50, F.S.;
  685         providing a cross-reference; amending s. 497.005,
  686         F.S.; adding domestic partner to the individuals
  687         regarded as legally authorized persons for purposes of
  688         making funeral arrangements of a deceased; amending s.
  689         497.152, F.S.; prohibiting the disposition or
  690         disinterment of a decedent’s body without written
  691         authorization from his or her surviving domestic
  692         partner; amending s. 741.01, F.S.; directing the
  693         Executive Office of the Governor to establish a
  694         Domestic Violence Trust Fund for the purpose of
  695         collecting and disbursing funds generated from the
  696         Declaration of Domestic Partnership fee; creating s.
  697         741.501, F.S.; providing legislative findings;
  698         creating s. 741.502, F.S.; providing definitions;
  699         creating s. 741.503, F.S.; requiring the Department of
  700         Health to adopt forms; creating s. 741.504, F.S.;
  701         establishing requirements for domestic partnership;
  702         providing criminal penalties for providing false
  703         information; creating s. 741.505, F.S.; specifying
  704         prohibitions to forming domestic partnerships under
  705         certain circumstances; creating s. 741.506, F.S.;
  706         identifying rights afforded to domestic partners;
  707         providing for enforcement of such rights; creating s.
  708         741.507, F.S.; providing fees for establishing and
  709         terminating a domestic partnership; creating s.
  710         741.508, F.S.; providing methods to prove the
  711         existence of a domestic partnership under certain
  712         circumstances; creating s. 741.509, F.S.; providing
  713         for termination of a domestic partnership; creating s.
  714         741.510, F.S.; providing that the act does not preempt
  715         the authority of a county or municipality to enact a
  716         domestic partnership ordinance unless in conflict with
  717         the act; amending s. 765.105, F.S.; including a
  718         patient’s domestic partner as one of several specified
  719         persons who may seek judicial intervention to question
  720         the patient’s health care decision; amending s.
  721         765.401, F.S.; adding a domestic partner to the list
  722         of individuals who may serve as a health care proxy;
  723         amending s. 765.512, F.S.; providing that a domestic
  724         partner may make an anatomical gift on behalf of the
  725         decedent; amending s. 765.517; adding a domestic
  726         partner to the list of people who may receive
  727         remainder of body parts after an anatomical gift;
  728         amending s. 872.04, F.S.; requiring written
  729         authorization of a domestic partner to perform an
  730         autopsy on his or her deceased partner if no health
  731         care surrogate has been designated; providing an
  732         effective date.