Florida Senate - 2013                              CS for SB 196
       By the Committee on Children, Families, and Elder Affairs; and
       Senators Sobel, Abruzzo, Clemens, Soto, and Bullard
       586-03359-13                                           2013196c1
    1                        A bill to be entitled                      
    2         An act relating to domestic partners; amending s.
    3         28.24, F.S.; authorizing the clerk of the circuit
    4         court to collect a filing fee for domestic partner
    5         registrations; amending s. 382.009, F.S.; requiring
    6         notification of a patient’s domestic partner in the
    7         event of the brain death of the patient; amending s.
    8         394.459, F.S.; providing access to a mental health
    9         patient by his or her domestic partner; amending s.
   10         400.022, F.S.; requiring that nursing homes allow a
   11         domestic partner access to his or her partner who is a
   12         resident and requiring that the domestic partner be
   13         allowed to meet with the families of other residents;
   14         amending s. 406.50, F.S.; requiring notification of a
   15         decedent’s domestic partner before the decedent’s body
   16         can be used for medical education or research;
   17         amending s. 408.051, F.S.; adding “domestic partner”
   18         to the definition of the term “patient
   19         representative”; amending s. 429.28, F.S.; requiring
   20         that assisted living facilities allow domestic
   21         partners to share a room; amending s. 429.85, F.S.;
   22         requiring that adult family-care homes allow domestic
   23         partners to share a room; amending s. 446.50, F.S.;
   24         providing a cross-reference; amending s. 497.005,
   25         F.S.; adding domestic partner to the individuals
   26         regarded as legally authorized persons for purposes of
   27         making funeral arrangements of a deceased; amending s.
   28         497.152, F.S.; prohibiting the disposition or
   29         disinterment of a decedent’s body without written
   30         authorization from his or her surviving domestic
   31         partner; amending s. 741.01, F.S.; directing the
   32         Executive Office of the Governor to establish a
   33         Domestic Violence Trust Fund for the purpose of
   34         collecting and disbursing funds generated from the
   35         Declaration of Domestic Partnership fee; creating s.
   36         741.501, F.S.; providing legislative findings;
   37         creating s. 741.502, F.S.; providing definitions;
   38         creating s. 741.503, F.S.; requiring the Department of
   39         Health to adopt forms; creating s. 741.504, F.S.;
   40         establishing requirements for domestic partnership;
   41         providing criminal penalties for providing false
   42         information; creating s. 741.505, F.S.; specifying
   43         prohibitions to forming domestic partnerships under
   44         certain circumstances; creating s. 741.506, F.S.;
   45         identifying rights afforded to domestic partners;
   46         providing for enforcement of such rights; creating s.
   47         741.507, F.S.; providing fees for establishing and
   48         terminating a domestic partnership; creating s.
   49         741.508, F.S.; providing methods to prove the
   50         existence of a domestic partnership under certain
   51         circumstances; creating s. 741.509, F.S.; providing
   52         for termination of a domestic partnership; creating s.
   53         741.510, F.S.; providing that the act does not preempt
   54         the authority of a county or municipality to enact a
   55         domestic partnership ordinance unless in conflict with
   56         the act; amending s. 765.105, F.S.; including a
   57         patient’s domestic partner as one of several specified
   58         persons who may seek judicial intervention to question
   59         the patient’s health care decision; amending s.
   60         765.401, F.S.; adding a domestic partner to the list
   61         of individuals who may serve as a health care proxy;
   62         amending s. 765.512, F.S.; providing that a domestic
   63         partner may make an anatomical gift on behalf of the
   64         decedent; amending s. 765.517; adding a domestic
   65         partner to the list of people who may receive
   66         remainder of body parts after an anatomical gift;
   67         amending s. 872.04, F.S.; requiring written
   68         authorization of a domestic partner to perform an
   69         autopsy on his or her deceased partner if no health
   70         care surrogate has been designated; providing an
   71         effective date.
   73  Be It Enacted by the Legislature of the State of Florida:
   75         Section 1. Subsection (29) is added to section 28.24,
   76  Florida Statutes, to read:
   77         28.24 Service charges by clerk of the circuit court.—The
   78  clerk of the circuit court shall charge for services rendered by
   79  the clerk’s office in recording documents and instruments and in
   80  performing the duties enumerated in amounts not to exceed those
   81  specified in this section. Notwithstanding any other provision
   82  of this section, the clerk of the circuit court shall provide
   83  without charge to the state attorney, public defender, guardian
   84  ad litem, public guardian, attorney ad litem, criminal conflict
   85  and civil regional counsel, and private court-appointed counsel
   86  paid by the state, and to the authorized staff acting on behalf
   87  of each, access to and a copy of any public record, if the
   88  requesting party is entitled by law to view the exempt or
   89  confidential record, as maintained by and in the custody of the
   90  clerk of the circuit court as provided in general law and the
   91  Florida Rules of Judicial Administration. The clerk of the
   92  circuit court may provide the requested public record in an
   93  electronic format in lieu of a paper format when capable of
   94  being accessed by the requesting entity.
   96  Charges
   98         (29) Upon receipt of a Declaration of Domestic Partnership,
   99  for preparing and administering of oath, and filing and
  100  providing a certified copy the domestic partnership,$30.00.
  101         Section 2. Subsection (3) of section 382.009, Florida
  102  Statutes, is amended to read:
  103         382.009 Recognition of brain death under certain
  104  circumstances.—
  105         (3) The next of kin of the patient and domestic partner
  106  shall be notified as soon as practicable of the procedures to
  107  determine death under this section. The medical records shall
  108  reflect such notice; if such notice has not been given, the
  109  medical records shall reflect the attempts to identify and
  110  notify the next of kin.
  111         Section 3. Paragraph (c) of subsection (5) of section
  112  394.459, Florida Statutes, is amended to read:
  113         394.459 Rights of patients.—
  115         (c) Each facility must permit immediate access to any
  116  patient, subject to the patient’s right to deny or withdraw
  117  consent at any time, by the patient’s family members, including
  118  the patient’s domestic partner, guardian, guardian advocate,
  119  representative, Florida statewide or local advocacy council, or
  120  attorney, unless such access would be detrimental to the
  121  patient. If a patient’s right to communicate or to receive
  122  visitors is restricted by the facility, written notice of such
  123  restriction and the reasons for the restriction shall be served
  124  on the patient, the patient’s attorney, and the patient’s
  125  guardian, guardian advocate, or representative; and such
  126  restriction shall be recorded on the patient’s clinical record
  127  with the reasons therefor. The restriction of a patient’s right
  128  to communicate or to receive visitors shall be reviewed at least
  129  every 7 days. The right to communicate or receive visitors shall
  130  not be restricted as a means of punishment. Nothing in this
  131  paragraph shall be construed to limit the provisions of
  132  paragraph (d).
  133         Section 4. Paragraphs (c) and (e) of subsection (1) of
  134  section 400.022, Florida Statutes, are amended to read:
  135         400.022 Residents’ rights.—
  136         (1) All licensees of nursing home facilities shall adopt
  137  and make public a statement of the rights and responsibilities
  138  of the residents of such facilities and shall treat such
  139  residents in accordance with the provisions of that statement.
  140  The statement shall assure each resident the following:
  141         (c) Any entity or individual that provides health, social,
  142  legal, or other services to a resident has the right to have
  143  reasonable access to the resident. The resident has the right to
  144  deny or withdraw consent to access at any time by any entity or
  145  individual. Notwithstanding the visiting policy of the facility,
  146  the following individuals must be permitted immediate access to
  147  the resident:
  148         1. Any representative of the federal or state government,
  149  including, but not limited to, representatives of the Department
  150  of Children and Family Services, the Department of Health, the
  151  Agency for Health Care Administration, the Office of the
  152  Attorney General, and the Department of Elderly Affairs; any law
  153  enforcement officer; members of the state or local ombudsman
  154  council; and the resident’s individual physician.
  155         2. Subject to the resident’s right to deny or withdraw
  156  consent, immediate family, including the resident’s domestic
  157  partner, or other relatives of the resident.
  159  The facility must allow representatives of the State Long-Term
  160  Care Ombudsman Council to examine a resident’s clinical records
  161  with the permission of the resident or the resident’s legal
  162  representative and consistent with state law.
  163         (e) The right to organize and participate in resident
  164  groups in the facility and the right to have the resident’s
  165  family, including the resident’s domestic partner, meet in the
  166  facility with the families of other residents.
  167         Section 5. Section 406.50, Florida Statutes, is amended to
  168  read:
  169         406.50 Unclaimed dead bodies or human remains; disposition,
  170  procedure.—All public officers, agents, or employees of every
  171  county, city, village, town, or municipality and every person in
  172  charge of any prison, morgue, hospital, funeral parlor, or
  173  mortuary and all other persons coming into possession, charge,
  174  or control of any dead human body or remains which are unclaimed
  175  or which are required to be buried or cremated at public expense
  176  are hereby required to notify, immediately, the anatomical
  177  board, whenever any such body, bodies, or remains come into its
  178  possession, charge, or control. Notification of the anatomical
  179  board is not required if the death was caused by crushing
  180  injury, the deceased had a contagious disease, an autopsy was
  181  required to determine cause of death, the body was in a state of
  182  severe decomposition, or a family member, including a domestic
  183  partner, objects to use of the body for medical education and
  184  research.
  185         (1) The person or entity in charge or control of the dead
  186  body or human remains shall make a reasonable effort to
  187  determine:
  188         (a) The identity of the deceased person and shall further
  189  make a reasonable effort to contact any relatives, including a
  190  domestic partner, of such deceased person.
  191         (b) Whether or not the deceased person is entitled to
  192  burial in a national cemetery as a veteran of the armed forces
  193  and, if so, shall make arrangements for such burial services in
  194  accordance with the provisions of 38 C.F.R. For purposes of this
  195  subsection, “a reasonable effort” includes contacting the county
  196  veterans service office or regional office of the United States
  197  Department of Veterans Affairs.
  198         (2) Such dead human bodies as described in this chapter
  199  shall be delivered to the anatomical board as soon as possible
  200  after death.
  201         (3) Nothing herein shall affect the right of a medical
  202  examiner to hold such dead body or remains for the purpose of
  203  investigating the cause of death, nor shall this chapter affect
  204  the right of any court of competent jurisdiction to enter an
  205  order affecting the disposition of such body or remains.
  206         (4) In the event more than one legally authorized person
  207  claims a body for interment, the requests shall be prioritized
  208  in accordance with s. 732.103.
  210  For purposes of this chapter, the term “anatomical board” means
  211  the anatomical board of this state located at the University of
  212  Florida Health Science Center, and the term “unclaimed” means a
  213  dead body or human remains that is not claimed by a legally
  214  authorized person, as defined in s. 497.005, for interment at
  215  that person’s expense.
  216         Section 6. Paragraph (g) of subsection (2) of section
  217  408.051, Florida Statutes, is amended to read:
  218         408.051 Florida Electronic Health Records Exchange Act.—
  219         (2) DEFINITIONS.—As used in this section, the term:
  220         (g) “Patient representative” means a parent of a minor
  221  patient, a court-appointed guardian for the patient, a health
  222  care surrogate, or a person holding a power of attorney or
  223  notarized consent appropriately executed by the patient granting
  224  permission to a health care facility or health care provider to
  225  disclose the patient’s health care information to that person.
  226  In the case of a deceased patient, the term also means the
  227  personal representative of the estate of the deceased patient;
  228  the deceased patient’s surviving spouse, surviving domestic
  229  partner, surviving parent, or surviving adult child; the parent
  230  or guardian of a surviving minor child of the deceased patient;
  231  the attorney for the patient’s surviving spouse, domestic
  232  partner, parent, or adult child; or the attorney for the parent
  233  or guardian of a surviving minor child.
  234         Section 7. Paragraph (g) of subsection (1) of section
  235  429.28, Florida Statutes, is amended to read:
  236         429.28 Resident bill of rights.—
  237         (1) No resident of a facility shall be deprived of any
  238  civil or legal rights, benefits, or privileges guaranteed by
  239  law, the Constitution of the State of Florida, or the
  240  Constitution of the United States as a resident of a facility.
  241  Every resident of a facility shall have the right to:
  242         (g) Share a room with his or her spouse or domestic partner
  243  if both are residents of the facility.
  244         Section 8. Paragraph (g) of subsection (1) of section
  245  429.85, Florida Statutes, is amended to read:
  246         429.85 Residents’ bill of rights.—
  247         (1) A resident of an adult family-care home may not be
  248  deprived of any civil or legal rights, benefits, or privileges
  249  guaranteed by law, the State Constitution, or the Constitution
  250  of the United States solely by reason of status as a resident of
  251  the home. Each resident has the right to:
  252         (g) Share a room with the resident’s spouse or domestic
  253  partner if both are residents of the home.
  254         Section 9. Paragraph (b) of subsection (5) of section
  255  446.50, Florida Statutes, is amended to read:
  256         446.50 Displaced homemakers; multiservice programs; report
  257  to the Legislature; Displaced Homemaker Trust Fund created.—
  259         (b) The trust fund shall receive funds generated from an
  260  additional fee on marriage license applications and dissolution
  261  of marriage filings as specified in ss. 741.01(3), 741.507, and
  262  28.101, respectively, and may receive funds from any other
  263  public or private source.
  264         Section 10. Subsection (39) of section 497.005, Florida
  265  Statutes, is amended to read:
  266         497.005 Definitions.—As used in this chapter, the term:
  267         (39) “Legally authorized person” means, in the priority
  268  listed:
  269         (a) The decedent, when written inter vivos authorizations
  270  and directions are provided by the decedent;
  271         (b) The person designated by the decedent as authorized to
  272  direct disposition pursuant to Pub. L. No. 109-163, s. 564, as
  273  listed on the decedent’s United States Department of Defense
  274  Record of Emergency Data, DD Form 93, or its successor form, if
  275  the decedent died while serving military service as described in
  276  10 U.S.C. s. 1481(a)(1)-(8) in any branch of the United States
  277  Armed Forces, United States Reserve Forces, or National Guard;
  278         (c) The surviving spouse or domestic partner, unless the
  279  spouse or domestic partner has been arrested for committing
  280  against the deceased an act of domestic violence as defined in
  281  s. 741.28 that resulted in or contributed to the death of the
  282  deceased;
  283         (d) A son or daughter who is 18 years of age or older;
  284         (e) A parent;
  285         (f) A brother or sister who is 18 years of age or older;
  286         (g) A grandchild who is 18 years of age or older;
  287         (h) A grandparent; or
  288         (i) Any person in the next degree of kinship.
  290  In addition, the term may include, if no family member exists or
  291  is available, the guardian of the dead person at the time of
  292  death; the personal representative of the deceased; the attorney
  293  in fact of the dead person at the time of death; the health
  294  surrogate of the dead person at the time of death; a public
  295  health officer; the medical examiner, county commission, or
  296  administrator acting under part II of chapter 406 or other
  297  public administrator; a representative of a nursing home or
  298  other health care institution in charge of final disposition; or
  299  a friend or other person not listed in this subsection who is
  300  willing to assume the responsibility as the legally authorized
  301  person. Where there is a person in any priority class listed in
  302  this subsection, the funeral establishment shall rely upon the
  303  authorization of any one legally authorized person of that class
  304  if that person represents that she or he is not aware of any
  305  objection to the cremation of the deceased’s human remains by
  306  others in the same class of the person making the representation
  307  or of any person in a higher priority class.
  308         Section 11. Paragraph (e) of subsection (8) of section
  309  497.152, Florida Statutes, is amended to read:
  310         497.152 Disciplinary grounds.—This section sets forth
  311  conduct that is prohibited and that shall constitute grounds for
  312  denial of any application, imposition of discipline, or other
  313  enforcement action against the licensee or other person
  314  committing such conduct. For purposes of this section, the
  315  requirements of this chapter include the requirements of rules
  316  adopted under authority of this chapter. No subsection heading
  317  in this section shall be interpreted as limiting the
  318  applicability of any paragraph within the subsection.
  320  REMAINS.—
  321         (e) Failing to obtain written authorization from the
  322  family, including the domestic partner, or next of kin of the
  323  deceased prior to entombment, interment, disinterment,
  324  disentombment, or disinurnment of the remains of any human
  325  being.
  326         Section 12. Subsection (2) of section 741.01, Florida
  327  Statutes, is amended to read:
  328         741.01 County court judge or clerk of the circuit court to
  329  issue marriage license; fee.—
  330         (2) The fee charged for each marriage license issued in the
  331  state shall be increased by the sum of $25. This fee shall be
  332  collected upon receipt of the application for the issuance of a
  333  marriage license and remitted by the clerk to the Department of
  334  Revenue for deposit in the Domestic Violence Trust Fund. The
  335  Executive Office of the Governor shall establish a Domestic
  336  Violence Trust Fund for the purpose of collecting and disbursing
  337  funds generated from the increase in the marriage license fee
  338  and the Declaration of Domestic Partnership fee collected
  339  pursuant to s. 741.507. Such funds which are generated shall be
  340  directed to the Department of Children and Family Services for
  341  the specific purpose of funding domestic violence centers, and
  342  the funds shall be appropriated in a “grants-in-aid” category to
  343  the Department of Children and Family Services for the purpose
  344  of funding domestic violence centers. From the proceeds of the
  345  surcharge deposited into the Domestic Violence Trust Fund as
  346  required under s. 938.08, the Executive Office of the Governor
  347  may spend up to $500,000 each year for the purpose of
  348  administering a statewide public-awareness campaign regarding
  349  domestic violence.
  350         Section 13. Section 741.501, Florida Statutes, is created
  351  to read:
  352         741.501Legislative findings.—The Legislature finds that:
  353         (1)There are a significant number of individuals in this
  354  state who live together in important and personally,
  355  emotionally, and economically committed relationships who are
  356  not married under state law. These familial relationships are
  357  often referred to as domestic partnerships. The 2010 census
  358  indicates that more than 12 percent of Americans identified
  359  themselves as living in a domestic partnership.
  360         (2)The state has a strong interest in promoting stable and
  361  lasting families and believes that all familial relationships,
  362  including domestic partnerships, should be provided with
  363  important legal protections.
  364         (3)The status of marriage in this state is limited by Art.
  365  I of the State Constitution to the union of one man and one
  366  woman and the Legislature does not seek to alter the definition
  367  of marriage in any way. The Legislature also finds, however,
  368  that recognition of domestic partnerships can provide an
  369  alternative mechanism for extending certain important rights and
  370  responsibilities to individuals who choose to form long-term,
  371  mutually supportive relationships. Such recognition will provide
  372  support to these familial relationships without affecting the
  373  definition of marriage, without creating or recognizing a legal
  374  relationship that is the substantial equivalent of marriage, and
  375  without affecting restrictions contained in federal law. This
  376  law does not alter, affect, or contravene any municipal, county,
  377  state, or federal law that defines marriage, nor shall it be
  378  interpreted as recognizing or treating a domestic partnership as
  379  a marriage.
  380         (4)Because of the material and other support that domestic
  381  partnerships provide to their participants, these relationships
  382  should be formally recognized and made uniform by law.
  383  Recognition of these relationships will also promote employee
  384  recruitment, employee retention, and employee loyalty for
  385  employers within this state; and will promote economic
  386  development by attracting companies to this state which value
  387  diversity and protections for their employees. Therefore, the
  388  Legislature declares that it is the policy of this state to
  389  establish and define the rights and responsibilities of domestic
  390  partners.
  391         Section 14. Section 741.502, Florida Statutes, is created
  392  to read:
  393         741.502 Definitions.—As used in ss. 741.501-741.510, the
  394  term:
  395         (1) “Correctional facility” means any penal, correctional,
  396  or detention facility operated by the state, one or more
  397  counties, a municipality, or a private corporation.
  398         (2) “Domestic partner” means a person who enters into a
  399  domestic partnership.
  400         (3) “Domestic partnership” means a civil contract that
  401  meets the requirements of s. 741.505.
  402         (4) “Health care facility” means a facility licensed under
  403  chapter 395, chapter 400, or chapter 429 or defined in s.
  404  394.455.
  405         (5) “Mutual residence” means a residence that is shared,
  406  without the necessity that the legal right to possess the
  407  property be in the name of both residents and regardless of
  408  whether either resident has another dwelling.
  409         Section 15. Section 741.503, Florida Statutes, is created
  410  to read:
  411         741.503Forms.—The Department of Health shall prepare and
  412  adopt the following forms:
  413         (1) Declaration of Domestic Partnership.
  414         (2) Certificate of Domestic Partnership.
  415         (3) Notice of Termination of Domestic Partnership.
  416         (4) Certificate of Termination of Domestic Partnership.
  417         Section 16. Section 741.504, Florida Statutes, is created
  418  to read:
  419         741.504 Domestic partnership requirements.—
  420         (1) A domestic partnership may be formed by filing a
  421  Declaration of Domestic Partnership form with a clerk of the
  422  circuit court in any county. The declaration must include:
  423         (a) A statement attesting that each party is 18 years of
  424  age or older. The clerk may accept any reasonable proof of an
  425  individual’s age, but the clerk must accept a driver license or
  426  passport.
  427         (b) A statement attesting that at least one of the parties
  428  is a resident of this state.
  429         (c)A statement attesting that both parties share a mutual
  430  residence.
  431         (d)A statement attesting that formation of a domestic
  432  partnership is not prohibited under s. 741.505.
  433         (e) A mailing address for each party.
  434         (f) The notarized signature of each party, along with a
  435  declaration that the representations made on the form are true
  436  and correct and contain no material omissions of fact to the
  437  best knowledge and belief of each party.
  438         (2) A person who intentionally provides materially false
  439  information on a Declaration of Domestic Partnership form
  440  commits a misdemeanor of the first degree, punishable as
  441  provided in s. 775.082 or s. 775.083.
  442         (3) If the Declaration of Domestic Partnership satisfies
  443  the requirements of this section, the clerk of the circuit court
  444  shall:
  445         (a) Record the Declaration of Domestic Partnership in the
  446  official records.
  447         (b) Issue a Certificate of Domestic Partnership to the
  448  partners in person or at the mailing address provided.
  449         Section 17. Section 741.505, Florida Statutes, is created
  450  to read:
  451         741.505 Prohibitions to forming a domestic partnership.—A
  452  domestic partnership is prohibited if:
  453         (1) Either party is married to a different person, unless
  454  the marriage has been legally terminated.
  455         (2)Either party is a party to a domestic partnership with
  456  a different domestic partner, unless the domestic partnership
  457  has been legally terminated.
  458         (3) The parties are related by lineal consanguinity or are
  459  siblings, or if one party is the niece or nephew of the other
  460  party.
  461         (4) Either party is incapable of making the civil contract
  462  or of consenting to the contract for want of legal age or
  463  sufficient understanding.
  464         (5) Consent to formation of the domestic partnership by
  465  either party is obtained by force, fraud, or duress.
  466         Section 18. Section 741.506, Florida Statutes, is created
  467  to read:
  468         741.506 Domestic partnership; rights; enforcement.—
  469         (1) A health care facility shall provide a domestic partner
  470  with the same right of visitation it provides a spouse.
  471         (2) A correctional institution shall grant a domestic
  472  partner the same visitation privileges it grants a spouse.
  473         (3) Any public or private entity that provides notice to a
  474  spouse or relative in the event of an emergency shall provide
  475  notice to a domestic partner.
  476         (4) Domestic partners have the same right to jointly own
  477  property by tenancy by the entirety, and all legal attributes
  478  thereof, as is afforded to spouses.
  479         (5) In the absence of a written designation of a healthcare
  480  surrogate, a domestic partner has the same right to serve as
  481  proxy, as provided in chapter 765, as a spouse.
  482         (6) A decedent’s domestic partner has the authority to act
  483  as “patient’s representative” and to direct the disposition of
  484  the decedent’s body as provided in chapters 382, 406, 408, 497,
  485  765, and 872.
  486         (7) A violation of this section may be enforced by private
  487  cause of action filed in any court of competent jurisdiction for
  488  declaratory relief, injunctive relief, or both. The prevailing
  489  party is entitled to recover attorney fees.
  490         Section 19. Section 741.507, Florida Statutes, is created
  491  to read:
  492         741.507Fees.—
  493         (1) Upon receipt of a Declaration of Domestic Partnership,
  494  the clerk of the circuit court shall collect and receive:
  495         (a) A fee of $30 as provided in s. 28.24(29).
  496         (b) A fee of $2 for receiving the Declaration of Domestic
  497  Partnership.
  498         (c) A fee of $25 to be remitted to the Department of
  499  Revenue for deposit into the Domestic Violence Trust Fund.
  500         (d) A fee of $25 to be remitted to the Department of
  501  Revenue for monthly deposit into the General Revenue Fund.
  502         (e) A fee of $7.50 to be remitted to the Department of
  503  Revenue for deposit into the Displaced Homemaker Trust Fund
  504  created in s. 446.50.
  505         (2) An applicant for a Certificate of Domestic Partnership
  506  who cannot pay the fees required under subsection (1) in a lump
  507  sum may make payment in not more than three installments over a
  508  period of 90 days. The clerk shall accept installment payments
  509  upon receipt of an affidavit that the applicant cannot pay the
  510  fees in a lump-sum payment. Upon receipt of the third or final
  511  installment payment, the Declaration of Domestic Partnership
  512  shall be deemed filed, and the clerk shall issue the Certificate
  513  of Domestic Partnership and distribute the fees as provided in
  514  subsection (1). If the fees are paid in installments, the clerk
  515  shall retain $1 from the fee imposed pursuant to paragraph
  516  (1)(b) as a processing fee.
  517         (3) Upon receipt of a Notice of Termination of Domestic
  518  Partnership, the clerk of the circuit court shall collect and
  519  receive a fee of $10.
  520         Section 20. Section 741.508, Florida Statutes, is created
  521  to read:
  522         741.508 Proof of domestic partnership if certificate is not
  523  available.—
  524         (1) If the Certificate of Domestic Partnership is not
  525  available, the domestic partnership may be proved by an
  526  affidavit before any officer authorized to administer oaths
  527  which is made by two competent witnesses who were present and
  528  saw the Declaration of Domestic Partnership executed.
  529         (2) The clerk of the circuit court of the county in which
  530  the Declaration of Domestic Partnership originally was executed
  531  shall file and record the affidavit and shall issue a new
  532  certificate, which has the same force and effect as the
  533  original.
  534         (3) For purposes of this section, a Certificate of Domestic
  535  Partnership is not available if:
  536         (a) A Declaration of Domestic Partnership was executed in
  537  accordance with s. 741.504 but was not recorded;
  538         (b) The certificate is lost; or
  539         (c) The certificate cannot be obtained by reason of death
  540  or other cause.
  541         Section 21. Section 741.509, Florida Statutes, is created
  542  to read:
  543         741.509 Termination of partnership.—
  544         (1) A party to a domestic partnership may terminate the
  545  partnership by filing a Notice of Termination of Domestic
  546  Partnership with the clerk of the circuit court and by paying
  547  the filing fee established under s. 741.507. The notice must be
  548  signed by at least one of the parties and notarized. If the
  549  notice is not signed by both parties, the party who seeks
  550  termination must also file with the clerk an affidavit stating
  551  that:
  552         (a) Notice has been served on the other party in the manner
  553  prescribed for the service of summons in a civil action; or
  554         (b) The party who seeks termination has not been able to
  555  find the other party after reasonable effort and that notice has
  556  been made pursuant to s. 50.011 by publication in a newspaper of
  557  general distribution in the county where the domestic partners
  558  were last domiciled.
  559         (2) The domestic partnership is terminated effective 90
  560  days after the date of filing the notice of termination and
  561  payment of the filing fee.
  562         (3) Upon receipt of a signed, notarized notice of
  563  termination, affidavit, if required, and filing fee, the clerk
  564  of the circuit court shall file the notice of termination and
  565  issue a Certificate of Termination of Domestic Partnership to
  566  each party in person or at the mailing address provided on the
  567  notice.
  568         (4) A domestic partnership is automatically terminated if,
  569  subsequent to the registration of the domestic partnership:
  570         (a) Either party or both parties enter into a marriage that
  571  is recognized as valid in this state, either with each other or
  572  with another person; or
  573         (b) One party dies, except that the death of a domestic
  574  partner does not extinguish the surviving domestic partner’s
  575  rights with respect to the medical record of, or information
  576  relating to, the decedent and with respect to the disposition of
  577  the decedent’s body and the decedent’s funeral arrangements.
  578         (5) If a domestic partnership is automatically terminated,
  579  at least one party must file a notice of termination with the
  580  clerk of the circuit court within 30 days of the event causing
  581  the automatic termination.
  582         Section 22. Section 741.510, Florida Statutes, is created
  583  to read:
  584         741.510 Preemption.—This act does not preempt the authority
  585  of a county or municipality to enact a domestic partnership
  586  ordinance that is not in conflict with this act.
  587         Section 23. Section 765.105, Florida Statutes, is amended
  588  to read:
  589         765.105 Review of surrogate or proxy’s decision.—The
  590  patient’s family, including the patient’s domestic partner, the
  591  health care facility, or the attending physician, or any other
  592  interested person who may reasonably be expected to be directly
  593  affected by the surrogate or proxy’s decision concerning any
  594  health care decision may seek expedited judicial intervention
  595  pursuant to rule 5.900 of the Florida Probate Rules, if that
  596  person believes:
  597         (1) The surrogate or proxy’s decision is not in accord with
  598  the patient’s known desires or the provisions of this chapter;
  599         (2) The advance directive is ambiguous, or the patient has
  600  changed his or her mind after execution of the advance
  601  directive;
  602         (3) The surrogate or proxy was improperly designated or
  603  appointed, or the designation of the surrogate is no longer
  604  effective or has been revoked;
  605         (4) The surrogate or proxy has failed to discharge duties,
  606  or incapacity or illness renders the surrogate or proxy
  607  incapable of discharging duties;
  608         (5) The surrogate or proxy has abused powers; or
  609         (6) The patient has sufficient capacity to make his or her
  610  own health care decisions.
  611         Section 24. Subsection (1) of section 765.401, Florida
  612  Statutes, is amended to read:
  613         765.401 The proxy.—
  614         (1) If an incapacitated or developmentally disabled patient
  615  has not executed an advance directive, or designated a surrogate
  616  to execute an advance directive, or the designated or alternate
  617  surrogate is no longer available to make health care decisions,
  618  health care decisions may be made for the patient by any of the
  619  following individuals, in the following order of priority, if no
  620  individual in a prior class is reasonably available, willing, or
  621  competent to act:
  622         (a) The judicially appointed guardian of the patient or the
  623  guardian advocate of the person having a developmental
  624  disability as defined in s. 393.063, who has been authorized to
  625  consent to medical treatment, if such guardian has previously
  626  been appointed; however, this paragraph shall not be construed
  627  to require such appointment before a treatment decision can be
  628  made under this subsection;
  629         (b) The patient’s spouse or domestic partner;
  630         (c) An adult child of the patient, or if the patient has
  631  more than one adult child, a majority of the adult children who
  632  are reasonably available for consultation;
  633         (d) A parent of the patient;
  634         (e) The adult sibling of the patient or, if the patient has
  635  more than one sibling, a majority of the adult siblings who are
  636  reasonably available for consultation;
  637         (f) An adult relative of the patient who has exhibited
  638  special care and concern for the patient and who has maintained
  639  regular contact with the patient and who is familiar with the
  640  patient’s activities, health, and religious or moral beliefs; or
  641         (g) A close friend of the patient; or.
  642         (h) A clinical social worker licensed pursuant to chapter
  643  491, or who is a graduate of a court-approved guardianship
  644  program. Such a proxy must be selected by the provider’s
  645  bioethics committee and must not be employed by the provider. If
  646  the provider does not have a bioethics committee, then such a
  647  proxy may be chosen through an arrangement with the bioethics
  648  committee of another provider. The proxy will be notified that,
  649  upon request, the provider shall make available a second
  650  physician, not involved in the patient’s care to assist the
  651  proxy in evaluating treatment. Decisions to withhold or withdraw
  652  life-prolonging procedures will be reviewed by the facility’s
  653  bioethics committee. Documentation of efforts to locate proxies
  654  from prior classes must be recorded in the patient record.
  655         Section 25. Subsections (1) and (3) of section 765.512,
  656  Florida Statutes, are amended to read:
  657         765.512 Persons who may make an anatomical gift.—
  658         (1) Any person who may make a will may make an anatomical
  659  gift of his or her body.
  660         (a) If the decedent makes an anatomical gift by one of the
  661  methods listed in s. 765.514(1), and in the absence of actual
  662  notice of contrary indications by the decedent, the document or
  663  entry in the donor registry is legally sufficient evidence of
  664  the decedent’s informed consent to donate an anatomical gift.
  665         (b) An anatomical gift made by a qualified donor and not
  666  revoked by the donor, as provided in s. 765.516, is irrevocable
  667  after the donor’s death. A family member, including a domestic
  668  partner, guardian, representative ad litem, or health care
  669  surrogate may not modify, deny, or prevent a donor’s wish or
  670  intent to make an anatomical gift after the donor’s death.
  671         (3) If the decedent has not made an anatomical gift or
  672  designated a health surrogate, a member of one of the classes of
  673  persons listed below, in the order of priority listed and in the
  674  absence of actual notice of contrary indications by the decedent
  675  or actual notice of opposition by a member of a prior class, may
  676  give all or any part of the decedent’s body for any purpose
  677  specified in s. 765.513:
  678         (a) The spouse or domestic partner of the decedent;
  679         (b) An adult son or daughter of the decedent;
  680         (c) Either parent of the decedent;
  681         (d) An adult brother or sister of the decedent;
  682         (e) An adult grandchild of the decedent;
  683         (f) A grandparent of the decedent;
  684         (g) A close personal friend, as defined in s. 765.101;
  685         (h) A guardian of the person of the decedent at the time of
  686  his or her death; or
  687         (i) A representative ad litem appointed by a court of
  688  competent jurisdiction upon a petition heard ex parte filed by
  689  any person, who shall ascertain that no person of higher
  690  priority exists who objects to the gift of all or any part of
  691  the decedent’s body and that no evidence exists of the
  692  decedent’s having made a communication expressing a desire that
  693  his or her body or body parts not be donated upon death.
  695  Those of higher priority who are reasonably available must be
  696  contacted and made aware of the proposed gift and a reasonable
  697  search must be conducted which shows that there would have been
  698  no objection to the gift by the decedent.
  699         Section 26. Subsection (1) of section 765.517, Florida
  700  Statutes, is amended to read:
  701         765.517 Rights and duties at death.—
  702         (1) The donee, pursuant to s. 765.515(2), may accept or
  703  reject an anatomical gift. If the donee accepts a gift to be
  704  used for research or education purposes, the donee may authorize
  705  embalming and the use of the body in funeral services, subject
  706  to the terms of the gift. If the gift is of a part of the body,
  707  the donee shall cause the part to be removed without unnecessary
  708  mutilation upon the death of the donor and before or after
  709  embalming. After removal of the body part, custody of the
  710  remainder of the body vests in the surviving spouse, domestic
  711  partner, next of kin, or other persons under obligation to
  712  dispose of the body.
  713         Section 27. Subsection (2) of section 872.04, Florida
  714  Statutes, is amended to read:
  715         872.04 Autopsies; consent required, exception.—
  716         (2) Unless otherwise authorized by statute, no autopsy
  717  shall be performed without the written consent by the health
  718  care surrogate, as provided in s. 765.202, if one has been
  719  designated. If a health care surrogate has not been designated,
  720  then written consent may be provided by the spouse, domestic
  721  partner, nearest relative, or, if no such next of kin can be
  722  found, the person who has assumed custody of the body for
  723  purposes of burial. When two or more persons assume custody of
  724  the body for such purposes, then the consent of any one of them
  725  shall be sufficient to authorize the autopsy.
  726         Section 28. This act shall take effect July 1, 2013.