Florida Senate - 2015 SB 854
By Senator Sobel
33-00838-15 2015854__
1 A bill to be entitled
2 An act relating to domestic partners; amending s.
3 28.24, F.S.; requiring the clerk of the circuit court
4 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.; requiring a facility providing mental
9 health services to authorize access to a patient by
10 his or her domestic partner; amending s. 400.022,
11 F.S.; requiring that nursing homes allow a domestic
12 partner access to his or her partner who is a resident
13 and requiring that the domestic partner be allowed to
14 meet with the families of other residents; amending s.
15 406.50, F.S.; including a domestic partner as a
16 legally authorized person who may object to the use of
17 unclaimed remains for medical education or research;
18 requiring a person or entity in charge or in control
19 of the remains of a deceased person to contact the
20 decedent’s domestic partner under certain
21 circumstances; authorizing a funeral director to
22 assume responsibility as the legally authorized person
23 if a relative or domestic partner does not exist or is
24 not available; amending s. 408.051, F.S.; adding the
25 term “domestic partner” to the definition of the term
26 “patient representative” as it relates to the Florida
27 Electronic Health Records Exchange Act; amending s.
28 429.28, F.S.; requiring that assisted living
29 facilities allow domestic partners to share a room
30 under specified circumstances; amending s. 429.85,
31 F.S.; requiring that adult family-care homes allow
32 domestic partners to share a room under specified
33 circumstances; amending s. 446.50, F.S.; providing for
34 the deposit of moneys generated from the fee charged
35 for a Declaration of Domestic Partnership into the
36 Displaced Homemaker Trust Fund; amending s. 497.005,
37 F.S.; including a domestic partner as a legally
38 authorized person who may make funeral arrangements
39 for a decedent; amending s. 497.152, F.S.; adding the
40 domestic partner to the list of persons whose written
41 authorization must be obtained before the entombment,
42 interment, disinterment, disentombment, or
43 disinurnment of a person’s remains; adding the
44 domestic partner to the list of persons who may file a
45 complaint with the licensee; amending s. 741.01, F.S.;
46 requiring that funds generated from the Declaration of
47 Domestic Partnership fee be deposited in and disbursed
48 from the Domestic Violence Trust Fund; deleting a
49 provision requiring funds to be appropriated to the
50 Department of Children and Families for a specified
51 purpose; creating s. 741.501, F.S.; providing
52 legislative findings; creating s. 741.502, F.S.;
53 defining terms; creating s. 741.503, F.S.; requiring
54 the Department of Health to adopt forms; creating s.
55 741.504, F.S.; establishing requirements for domestic
56 partnership; providing criminal penalties for
57 providing false information; creating s. 741.505,
58 F.S.; specifying prohibitions to forming domestic
59 partnerships under certain circumstances; creating s.
60 741.506, F.S.; identifying rights afforded to domestic
61 partners; providing for the enforcement of such
62 rights; creating s. 741.507, F.S.; providing fees for
63 establishing and terminating a domestic partnership;
64 creating s. 741.508, F.S.; providing methods to prove
65 the existence of a domestic partnership under certain
66 circumstances; creating s. 741.509, F.S.; providing
67 for termination of a domestic partnership; creating s.
68 741.510, F.S.; providing that the act does not preempt
69 the authority of a county or municipality to enact a
70 domestic partnership ordinance that does not conflict
71 with the act; amending s. 765.105, F.S.; including a
72 patient’s domestic partner as one of several specified
73 persons who may seek judicial intervention to question
74 the surrogate’s or proxy’s health care decisions;
75 amending s. 765.401, F.S.; providing that a domestic
76 partner may serve as a health care proxy; amending s.
77 765.512, F.S.; providing that the domestic partner may
78 make an anatomical gift on behalf of a decedent under
79 certain circumstances; amending s. 765.517, F.S.;
80 adding a domestic partner to the list of people who
81 may receive the remainder of body parts after an
82 anatomical gift; amending s. 872.04, F.S.; authorizing
83 a domestic partner to provide written consent for an
84 autopsy to be performed on his or her deceased partner
85 if a health care surrogate has not been designated;
86 providing an effective date.
87
88 Be It Enacted by the Legislature of the State of Florida:
89
90 Section 1. Subsection (29) is added to section 28.24,
91 Florida Statutes, to read:
92 28.24 Service charges.—The clerk of the circuit court shall
93 charge for services rendered manually or electronically by the
94 clerk’s office in recording documents and instruments and in
95 performing other specified duties. These charges may not exceed
96 those specified in this section, except as provided in s.
97 28.345.
98
99 Charges
100
101 (29) Upon receipt of a Declaration of Domestic Partnership,
102 for preparing and administering of oath; issuing of the
103 Certificate of Domestic Partnership and sealing and recording of
104 the declaration; and providing a certified copy of the
105 certificate. . . . . . . . . . 30.00
106 Section 2. Subsection (3) of section 382.009, Florida
107 Statutes, is amended to read:
108 382.009 Recognition of brain death under certain
109 circumstances.—
110 (3) The next of kin of the patient, including the domestic
111 partner, shall be notified as soon as practicable of the
112 procedures to determine death under this section. The medical
113 records must shall reflect such notice; if such notice has not
114 been given, the medical records must shall reflect the attempts
115 to identify and notify the next of kin, including the domestic
116 partner.
117 Section 3. Paragraph (c) of subsection (5) of section
118 394.459, Florida Statutes, is amended to read:
119 394.459 Rights of patients.—
120 (5) COMMUNICATION, ABUSE REPORTING, AND VISITS.—
121 (c) Each facility must permit immediate access to any
122 patient, subject to the patient’s right to deny or withdraw
123 consent at any time, by the patient’s family members, including
124 the patient’s domestic partner, guardian, guardian advocate,
125 representative, Florida statewide or local advocacy council, or
126 attorney, unless such access would be detrimental to the
127 patient. If a patient’s right to communicate or to receive
128 visitors is restricted by the facility, written notice of such
129 restriction and the reasons for the restriction shall be served
130 on the patient, the patient’s attorney, and the patient’s
131 guardian, guardian advocate, or representative; and such
132 restriction shall be recorded on the patient’s clinical record
133 with the reasons therefor. The restriction of a patient’s right
134 to communicate or to receive visitors shall be reviewed at least
135 every 7 days. The right to communicate or receive visitors may
136 shall not be restricted as a means of punishment. Nothing in
137 This paragraph does not shall be construed to limit the
138 provisions of paragraph (d).
139 Section 4. Paragraphs (c) and (e) of subsection (1) of
140 section 400.022, Florida Statutes, are amended to read:
141 400.022 Residents’ rights.—
142 (1) All licensees of nursing home facilities shall adopt
143 and make public a statement of the rights and responsibilities
144 of the residents of such facilities and shall treat such
145 residents in accordance with the provisions of that statement.
146 The statement shall assure each resident the following:
147 (c) An Any entity or individual that provides health,
148 social, legal, or other services to a resident has the right to
149 have reasonable access to the resident. The resident has the
150 right to deny or withdraw consent to access at any time by any
151 entity or individual. Notwithstanding the visiting policy of the
152 facility, the following individuals must be allowed permitted
153 immediate access to the resident:
154 1. A Any representative of the federal or state government,
155 including, but not limited to, representatives of the Department
156 of Children and Families, the Department of Health, the Agency
157 for Health Care Administration, the Office of the Attorney
158 General, and the Department of Elderly Affairs; a any law
159 enforcement officer; members of the state or local ombudsman
160 council; and the resident’s individual physician.
161 2. Subject to the resident’s right to deny or withdraw
162 consent, immediate family, including the resident’s domestic
163 partner, or other relatives of the resident.
164
165 The facility shall must allow representatives of the State Long
166 Term Care Ombudsman Council to examine a resident’s clinical
167 records with the permission of the resident or the resident’s
168 legal representative and consistent with state law.
169 (e) The right to organize and participate in resident
170 groups in the facility and the right to have the resident’s
171 family, including the resident’s domestic partner, meet in the
172 facility with the families of other residents.
173 Section 5. Subsections (1), (2), and (3) of section 406.50,
174 Florida Statutes, are amended to read:
175 406.50 Unclaimed remains; disposition, procedure.—
176 (1) A person or entity that comes into possession, charge,
177 or control of unclaimed remains that are required to be buried
178 or cremated at public expense shall immediately notify the
179 anatomical board, unless:
180 (a) The unclaimed remains are decomposed or mutilated by
181 wounds;
182 (b) An autopsy is performed on the remains;
183 (c) The remains contain a contagious disease;
184 (d) A legally authorized person, including a domestic
185 partner, objects to use of the remains for medical education or
186 research; or
187 (e) The deceased person was a veteran of the United States
188 Armed Forces, United States Reserve Forces, or National Guard
189 and is eligible for burial in a national cemetery or was the
190 spouse or dependent child of a veteran eligible for burial in a
191 national cemetery.
192 (2) Before the final disposition of unclaimed remains, the
193 person or entity in charge or control of the remains shall make
194 a reasonable effort to:
195 (a) Determine the identity of the deceased person and
196 contact any relatives, including a domestic partner, of the
197 deceased person.
198 (b) Determine whether the deceased person is eligible under
199 38 C.F.R. s. 38.620 for burial in a national cemetery as a
200 veteran of the Armed Forces of the United States and, if
201 eligible, to cause the deceased person’s remains or cremated
202 remains to be delivered to a national cemetery.
203
204 For purposes of this subsection, “a reasonable effort” includes
205 contacting the National Cemetery Scheduling Office, the county
206 veterans service office, or the regional office of the United
207 States Department of Veterans Affairs.
208 (3) Unclaimed remains shall be delivered to the anatomical
209 board as soon as possible after death. If a relative or a
210 domestic partner does not exist When no family exists or is not
211 available, a funeral director licensed under chapter 497 may
212 assume the responsibility of a legally authorized person and
213 may, after 24 hours or more after have elapsed since the time of
214 death, authorize arterial embalming for the purposes of storage
215 and delivery of unclaimed remains to the anatomical board. A
216 funeral director licensed under chapter 497 is not liable for
217 damages under this subsection.
218 Section 6. Paragraph (g) of subsection (2) of section
219 408.051, Florida Statutes, is amended to read:
220 408.051 Florida Electronic Health Records Exchange Act.—
221 (2) DEFINITIONS.—As used in this section, the term:
222 (g) “Patient representative” means a parent of a minor
223 patient, a court-appointed guardian for the patient, a health
224 care surrogate, or a person holding a power of attorney or
225 notarized consent appropriately executed by the patient granting
226 permission to a health care facility or health care provider to
227 disclose the patient’s health care information to that person.
228 In the case of a deceased patient, the term also means the
229 personal representative of the estate of the deceased patient;
230 the deceased patient’s surviving spouse, surviving domestic
231 partner, surviving parent, or surviving adult child; the parent
232 or guardian of a surviving minor child of the deceased patient;
233 the attorney for the patient’s surviving spouse, surviving
234 domestic partner, surviving parent, or surviving adult child; or
235 the attorney for the parent or guardian of a surviving minor
236 child.
237 Section 7. Paragraph (g) of subsection (1) of section
238 429.28, Florida Statutes, is amended to read:
239 429.28 Resident bill of rights.—
240 (1) No resident of a facility shall be deprived of any
241 civil or legal rights, benefits, or privileges guaranteed by
242 law, the Constitution of the State of Florida, or the
243 Constitution of the United States as a resident of a facility.
244 Every resident of a facility shall have the right to:
245 (g) Share a room with his or her spouse or domestic partner
246 if both are residents of the facility.
247 Section 8. Paragraph (g) of subsection (1) of section
248 429.85, Florida Statutes, is amended to read:
249 429.85 Residents’ bill of rights.—
250 (1) A resident of an adult family-care home may not be
251 deprived of any civil or legal rights, benefits, or privileges
252 guaranteed by law, the State Constitution, or the Constitution
253 of the United States solely by reason of status as a resident of
254 the home. Each resident has the right to:
255 (g) Share a room with the resident’s spouse or domestic
256 partner if both are residents of the home.
257 Section 9. Paragraph (b) of subsection (5) of section
258 446.50, Florida Statutes, is amended to read:
259 446.50 Displaced homemakers; multiservice programs; report
260 to the Legislature; Displaced Homemaker Trust Fund created.—
261 (5) DISPLACED HOMEMAKER TRUST FUND.—
262 (b) The trust fund shall receive funds generated from a fee
263 on a Declaration of Domestic Partnership as specified in s.
264 741.507 and funds generated from an additional fee on marriage
265 license applications and dissolution of marriage filings as
266 specified in ss. 741.01(3) and 28.101, respectively, and may
267 receive funds from any other public or private source.
268 Section 10. Subsection (39) of section 497.005, Florida
269 Statutes, is amended to read:
270 497.005 Definitions.—As used in this chapter, the term:
271 (39) “Legally authorized person” means, in the priority
272 listed:
273 (a) The decedent, when written inter vivos authorizations
274 and directions are provided by the decedent;
275 (b) The person designated by the decedent as authorized to
276 direct disposition pursuant to Pub. L. No. 109-163, s. 564, as
277 listed on the decedent’s United States Department of Defense
278 Record of Emergency Data, DD Form 93, or its successor form, if
279 the decedent died while in military service as described in 10
280 U.S.C. s. 1481(a)(1)-(8) in any branch of the United States
281 Armed Forces, United States Reserve Forces, or National Guard;
282 (c) The surviving spouse or domestic partner, unless the
283 spouse or domestic partner has been arrested for committing
284 against the deceased an act of domestic violence as defined in
285 s. 741.28 which that resulted in or contributed to the death of
286 the deceased;
287 (d) A son or daughter who is 18 years of age or older;
288 (e) A parent;
289 (f) A brother or sister who is 18 years of age or older;
290 (g) A grandchild who is 18 years of age or older;
291 (h) A grandparent; or
292 (i) Any person in the next degree of kinship.
293
294 In addition, the term may include, if there are no existing or
295 available no family members, including a domestic partner member
296 exists or is available, the guardian of the dead person at the
297 time of death; the personal representative of the deceased; the
298 attorney in fact of the dead person at the time of death; the
299 health surrogate of the dead person at the time of death; a
300 public health officer; the medical examiner, county commission,
301 or administrator acting under part II of chapter 406 or other
302 public administrator; a representative of a nursing home or
303 other health care institution in charge of final disposition; or
304 a friend or other person not listed in this subsection who is
305 willing to assume the responsibility as the legally authorized
306 person. If Where there is a person in any priority class listed
307 in this subsection, the funeral establishment shall rely upon
308 the authorization of any one legally authorized person of that
309 class if that person represents that she or he is not aware of
310 any objection to the cremation of the deceased’s human remains
311 by others in the same class of the person making the
312 representation or of any person in a higher priority class.
313 Section 11. Paragraph (e) of subsection (8) and paragraph
314 (d) of subsection (14) of section 497.152, Florida Statutes, are
315 amended to read:
316 497.152 Disciplinary grounds.—This section sets forth
317 conduct that is prohibited and that shall constitute grounds for
318 denial of any application, imposition of discipline, or other
319 enforcement action against the licensee or other person
320 committing such conduct. For purposes of this section, the
321 requirements of this chapter include the requirements of rules
322 adopted under authority of this chapter. No subsection heading
323 in this section shall be interpreted as limiting the
324 applicability of any paragraph within the subsection.
325 (8) TRANSPORT, CUSTODY, TREATMENT, OR DISINTERMENT OF HUMAN
326 REMAINS.—
327 (e) Failing to obtain written authorization from the family
328 or next of kin of the deceased, including the deceased’s
329 domestic partner, before prior to entombment, interment,
330 disinterment, disentombment, or disinurnment of the remains of
331 any human being.
332 (14) OBLIGATIONS REGARDING COMPLAINTS AND CLAIMS BY
333 CUSTOMERS.—
334 (d) Failing to maintain a complete copy of every complaint
335 received by the licensee since the date of the last examination
336 of the licensee by the department. For purposes of this
337 subsection, the term “complaint” means any written communication
338 primarily expressing a grievance and which communication is
339 from:
340 1. A representative or family member, including the
341 domestic partner, of a deceased person interred at the
342 licensee’s facilities or using the licensee’s services, or which
343 deceased’s remains were the subject of any service provided by
344 the licensee or licensee’s business; or
345 2. A person, or such person’s representative or family
346 member, including such person’s domestic partner or
347 representative, who inquired of the licensee or licensee’s
348 business concerning the purchase of, or who purchased or
349 contracted to purchase, any funeral or burial merchandise or
350 services from the licensee or licensee’s business.
351
352 For purposes of this subsection, the response of a customer
353 recorded by the customer on a customer satisfaction
354 questionnaire or survey form sent to the customer by the
355 licensee, and returned by the customer to the licensee, shall
356 not be deemed to be a complaint.
357 Section 12. Subsection (2) of section 741.01, Florida
358 Statutes, is amended to read:
359 741.01 County court judge or clerk of the circuit court to
360 issue marriage license; fee.—
361 (2) The fee charged for each marriage license issued in the
362 state shall be increased by the sum of $25. This fee shall be
363 collected upon receipt of the application for the issuance of a
364 marriage license and remitted by the clerk to the Department of
365 Revenue for deposit in the Domestic Violence Trust Fund. The
366 Executive Office of the Governor shall establish a Domestic
367 Violence Trust Fund for the purpose of collecting and disbursing
368 funds generated from the increase in the marriage license fee
369 and from the fee charged for each Declaration of Domestic
370 Partnership as specified in s. 741.507. Such funds which are
371 generated shall be directed to the Department of Children and
372 Families for the specific purpose of funding domestic violence
373 centers, and the funds shall be appropriated in a “grants-in
374 aid” category to the Department of Children and Families for the
375 purpose of funding domestic violence centers. From the proceeds
376 of the surcharge deposited into the Domestic Violence Trust Fund
377 as required under s. 938.08, the Executive Office of the
378 Governor may spend up to $500,000 each year for the purpose of
379 administering a statewide public-awareness campaign regarding
380 domestic violence.
381 Section 13. Section 741.501, Florida Statutes, is created
382 to read:
383 741.501 Legislative findings.—The Legislature finds that:
384 (1) There is a significant number of individuals in this
385 state who live together in personally, emotionally, and
386 economically committed and important relationships who are not
387 married under state law. These familial relationships are often
388 referred to as domestic partnerships. The United States
389 Decennial Census of 2010 indicates that more than 12 percent of
390 Americans identified themselves as living in a domestic
391 partnership.
392 (2) The state has a strong interest in promoting stable and
393 lasting families and believes that all familial relationships,
394 including domestic partnerships, should be provided with
395 important legal protections.
396 (3) The status of marriage in this state is limited by Art.
397 I of the State Constitution to the union of one man and one
398 woman, and the Legislature does not seek to alter the definition
399 of marriage in any way. However, the Legislature also finds that
400 recognition of domestic partnerships can provide an alternative
401 mechanism for extending certain important rights and
402 responsibilities to individuals who choose to form long-term,
403 mutually supportive relationships. Such recognition will provide
404 support to these familial relationships without affecting the
405 definition of marriage, without creating or recognizing a legal
406 relationship that is the substantial equivalent of marriage, and
407 without affecting restrictions contained in federal law. The
408 Legislature does not intend to alter, affect, or contravene any
409 municipal, county, state, or federal law that defines marriage
410 or to recognize or treat a domestic partnership as a marriage.
411 (4) Because of the material and other support that domestic
412 partnerships provide to their participants, these relationships
413 should be formally recognized and made uniform by law.
414 Recognition of domestic partnerships will also promote employee
415 recruitment, employee retention, employee loyalty for employers
416 within this state, and economic development by attracting to
417 this state companies that value diversity and protections for
418 their employees. Therefore, the Legislature declares that it is
419 the policy of this state to define and establish the rights and
420 responsibilities of domestic partners.
421 Section 14. Section 741.502, Florida Statutes, is created
422 to read:
423 741.502 Definitions.—As used in ss. 741.501-741.510, the
424 term:
425 (1) “Correctional institution” means a penal, correctional,
426 or detention facility operated by the state, one or more
427 counties, a municipality, or a private corporation.
428 (2) “Domestic partner” means an individual who enters into
429 a domestic partnership.
430 (3) “Domestic partnership” means a civil contract that
431 meets the requirements of s. 741.504.
432 (4) “Health care facility” means a facility licensed under
433 chapter 395, chapter 400, or chapter 429 or defined in s.
434 394.455.
435 (5) “Mutual residence” means a residence that is shared,
436 regardless of whether the individuals involved in a domestic
437 partnership have an individual or joint legal right of
438 possession to the property and regardless of whether either
439 resident also resides in another dwelling.
440 Section 15. Section 741.503, Florida Statutes, is created
441 to read:
442 741.503 Forms.—The Department of Health shall prepare and
443 adopt the following forms:
444 (1) Declaration of Domestic Partnership.
445 (2) Certificate of Domestic Partnership.
446 (3) Notice of Termination of Domestic Partnership.
447 (4) Certificate of Termination of Domestic Partnership.
448 Section 16. Section 741.504, Florida Statutes, is created
449 to read:
450 741.504 Domestic partnership requirements.—
451 (1) A domestic partnership may be formed by filing a
452 Declaration of Domestic Partnership form with a clerk of the
453 circuit court in any county. The declaration must include:
454 (a) A statement attesting that each party is 18 years of
455 age or older. The clerk may accept any reasonable proof of an
456 individual’s age, but the clerk shall accept a driver license or
457 passport.
458 (b) A statement attesting that at least one of the parties
459 is a resident of this state.
460 (c) A statement attesting that the parties share a mutual
461 residence.
462 (d) A statement attesting that formation of the domestic
463 partnership is not prohibited under s. 741.505.
464 (e) A mailing address for each party.
465 (f) The notarized signature of each party, along with a
466 declaration that the representations made on the form are true
467 and correct and contain no material omissions of fact to the
468 best knowledge and belief of each party.
469 (2) A person who intentionally provides materially false
470 information on a Declaration of Domestic Partnership form
471 commits a misdemeanor of the first degree, punishable as
472 provided in s. 775.082 or s. 775.083.
473 (3) If the Declaration of Domestic Partnership satisfies
474 the requirements of this section and if the fees under s.
475 747.507 are paid, the clerk of the circuit court shall:
476 (a) Record the Declaration of Domestic Partnership in the
477 official records.
478 (b) Issue a Certificate of Domestic Partnership to the
479 partners in person or at the mailing addresses provided.
480 Section 17. Section 741.505, Florida Statutes, is created
481 to read:
482 741.505 Prohibitions to forming a domestic partnership.—A
483 domestic partnership is prohibited if:
484 (1) Either party is married to a different person and such
485 marriage is recognized by this state.
486 (2) Either party is a party to a domestic partnership with
487 a different domestic partner and such domestic partnership is
488 recognized by this state.
489 (3) The parties are related by lineal consanguinity or are
490 siblings or if one party is the niece or nephew of the other
491 party.
492 (4) Either party is incapable of making the civil contract
493 or of consenting to the contract for want of legal age or
494 sufficient understanding.
495 (5) Consent by either party to formation of the domestic
496 partnership is obtained by force, fraud, or duress.
497 Section 18. Section 741.506, Florida Statutes, is created
498 to read:
499 741.506 Domestic partnership; rights; enforcement.—
500 (1) A health care facility shall provide a domestic partner
501 with the same right of visitation that the health care facility
502 provides a spouse.
503 (2) A correctional institution shall grant a domestic
504 partner the same visitation privileges that the correctional
505 institution grants a spouse.
506 (3) A public or private entity that provides notice to a
507 spouse or relative in the event of an emergency shall provide
508 notice to a domestic partner.
509 (4) Domestic partners may jointly own property by tenancy
510 by the entirety, and all legal attributes thereof, as is
511 afforded to spouses.
512 (5) In the absence of a written designation of a health
513 care surrogate, a domestic partner has the same right to serve
514 as proxy, as defined in chapter 765, as a spouse.
515 (6) A decedent’s domestic partner may act as a
516 representative of the decedent and:
517 (a) Direct the disposition of the decedent’s body as
518 provided in chapters 382, 406, 497, 765, and 872;
519 (b) Give or withhold consent for a health care provider to
520 release or access the decedent’s identifiable health record as
521 provided in s. 408.051; and
522 (c) Have the decedent’s records forwarded to the domestic
523 partner as provided in s. 408.810.
524 (7) A violation of this section may be enforced by private
525 cause of action filed in any court of competent jurisdiction for
526 declaratory relief, injunctive relief, or both. The prevailing
527 party is entitled to recover attorney fees.
528 Section 19. Section 741.507, Florida Statutes, is created
529 to read:
530 741.507 Fees.—
531 (1) Upon receipt of a Declaration of Domestic Partnership,
532 the clerk of the circuit court shall collect:
533 (a) A fee of $30 for service charges, as provided in s.
534 28.24(29).
535 (b) A fee of $2 for receiving the Declaration of Domestic
536 Partnership.
537 (c) A fee of $25 to be remitted to the Department of
538 Revenue for deposit into the Domestic Violence Trust Fund.
539 (d) A fee of $25 to be remitted to the Department of
540 Revenue for monthly deposit into the General Revenue Fund.
541 (e) A fee of $7.50 to be remitted to the Department of
542 Revenue for deposit into the Displaced Homemaker Trust Fund.
543 (2) An applicant for a Certificate of Domestic Partnership
544 who cannot pay the fees required under subsection (1) in a lump
545 sum may make payment in not more than three installments over a
546 period of 90 days. The clerk shall accept installment payments
547 upon receipt of an affidavit that the applicant cannot pay the
548 fees in a lump-sum payment. Upon receipt of the third or final
549 installment payment, the Declaration of Domestic Partnership
550 shall be deemed filed, and the clerk shall issue the Certificate
551 of Domestic Partnership and distribute the fees as provided in
552 subsection (1). If the fees are paid in installments, the clerk
553 shall retain $1 from the fee imposed under paragraph (1)(b) as a
554 processing fee.
555 (3) Upon receipt of a Notice of Termination of Domestic
556 Partnership, as provided in s. 741.509, the clerk of the circuit
557 court shall collect a fee of $10.
558 Section 20. Section 741.508, Florida Statutes, is created
559 to read:
560 741.508 Proof of domestic partnership if certificate is not
561 available.—
562 (1) If a Certificate of Domestic Partnership is not
563 available, the domestic partnership may be proved by an
564 affidavit before any officer authorized to administer oaths
565 which is made by two competent witnesses who were present and
566 witnessed the Declaration of Domestic Partnership executed. For
567 purposes of this section, a Certificate of Domestic Partnership
568 is not available if:
569 (a) A Declaration of Domestic Partnership was executed in
570 accordance with s. 741.504 but was not recorded;
571 (b) The certificate is lost; or
572 (c) The certificate cannot be obtained by reason of death
573 or other cause.
574 (2) The clerk of the circuit court of the county in which
575 the Declaration of Domestic Partnership originally was executed,
576 or, if a Declaration of Domestic Partnership has not been
577 executed, the clerk of the circuit court of any county in this
578 state, shall file and record the affidavit and shall issue a new
579 certificate, which has the same force and effect as the
580 original.
581 Section 21. Section 741.509, Florida Statutes, is created
582 to read:
583 741.509 Termination of partnership.—
584 (1) A party to a domestic partnership may terminate the
585 partnership by filing a Notice of Termination of Domestic
586 Partnership with the clerk of the circuit court and by paying
587 the filing fee established under s. 741.507. The notice must be
588 signed by at least one of the parties and notarized. If the
589 notice is not signed by both parties, the party who seeks
590 termination must also file with the clerk an affidavit stating
591 that:
592 (a) Notice has been served on the other party in the manner
593 prescribed for the service of summons in a civil action; or
594 (b) The party who seeks termination has not been able to
595 find the other party after reasonable effort and that notice has
596 been made pursuant to s. 50.011 by publication in a newspaper of
597 general circulation in the county in which the domestic partners
598 were last domiciled.
599 (2) The domestic partnership is terminated effective 90
600 days after the date of filing the notice of termination and
601 payment of the filing fee under s. 741.507.
602 (3) Upon receipt of a signed, notarized notice of
603 termination, affidavit, if required, and filing fee, the clerk
604 of the circuit court shall file the Notice of Termination of
605 Domestic Partnership and issue a Certificate of Termination of
606 Domestic Partnership to each party in person or at the mailing
607 address provided on the notice.
608 (4) A domestic partnership is automatically terminated if,
609 subsequent to the registration of the domestic partnership:
610 (a) Either party or both parties enter into a marriage that
611 is recognized as valid in this state, with each other or with
612 another person; or
613 (b) One party dies, except that the death of a domestic
614 partner does not extinguish the surviving domestic partner’s
615 rights with respect to the medical record of, or information
616 relating to, the decedent and with respect to the disposition of
617 the decedent’s body and the decedent’s funeral arrangements.
618 (5) If a domestic partnership is automatically terminated,
619 at least one party must file a notice of termination with the
620 clerk of the circuit court within 30 days after the event
621 causing the automatic termination.
622 Section 22. Section 741.510, Florida Statutes, is created
623 to read:
624 741.510 Preemption.—Sections 741.501-741.509 do not preempt
625 the authority of a county or municipality to enact a domestic
626 partnership ordinance that is not in conflict with these
627 sections.
628 Section 23. Section 765.105, Florida Statutes, is amended
629 to read:
630 765.105 Review of surrogate or proxy’s decision.—The
631 patient’s family, including the patient’s domestic partner, the
632 health care facility, or the attending physician, or any other
633 interested person who may reasonably be expected to be directly
634 affected by the surrogate or proxy’s decision concerning any
635 health care decision may seek expedited judicial intervention
636 pursuant to rule 5.900 of the Florida Probate Rules, if that
637 person believes:
638 (1) The surrogate or proxy’s decision is not in accord with
639 the patient’s known desires or the provisions of this chapter;
640 (2) The advance directive is ambiguous, or the patient has
641 changed his or her mind after execution of the advance
642 directive;
643 (3) The surrogate or proxy was improperly designated or
644 appointed, or the designation of the surrogate is no longer
645 effective or has been revoked;
646 (4) The surrogate or proxy has failed to discharge duties,
647 or incapacity or illness renders the surrogate or proxy
648 incapable of discharging duties;
649 (5) The surrogate or proxy has abused powers; or
650 (6) The patient has sufficient capacity to make his or her
651 own health care decisions.
652 Section 24. Subsection (1) of section 765.401, Florida
653 Statutes, is amended to read:
654 765.401 The proxy.—
655 (1) If an incapacitated or developmentally disabled patient
656 has not executed an advance directive, or designated a surrogate
657 to execute an advance directive, or the designated or alternate
658 surrogate is no longer available to make health care decisions,
659 health care decisions may be made for the patient by any of the
660 following individuals, in the following order of priority, if no
661 individual in a prior class is reasonably available, willing, or
662 competent to act:
663 (a) The judicially appointed guardian of the patient or the
664 guardian advocate of the person having a developmental
665 disability as defined in s. 393.063, who has been authorized to
666 consent to medical treatment, if such guardian has previously
667 been appointed; however, this paragraph does shall not be
668 construed to require such appointment before a treatment
669 decision can be made under this subsection;
670 (b) The patient’s spouse or domestic partner;
671 (c) An adult child of the patient, or if the patient has
672 more than one adult child, a majority of the adult children who
673 are reasonably available for consultation;
674 (d) A parent of the patient;
675 (e) The adult sibling of the patient or, if the patient has
676 more than one sibling, a majority of the adult siblings who are
677 reasonably available for consultation;
678 (f) An adult relative of the patient who has exhibited
679 special care and concern for the patient and who has maintained
680 regular contact with the patient and who is familiar with the
681 patient’s activities, health, and religious or moral beliefs; or
682 (g) A close friend of the patient; or.
683 (h) A clinical social worker licensed under pursuant to
684 chapter 491, or who is a graduate of a court-approved
685 guardianship program. Such a proxy must be selected by The
686 provider’s bioethics committee shall select such a proxy, who
687 may and must not be employed by the provider. If the provider
688 does not have a bioethics committee, then such a proxy may be
689 chosen through an arrangement with the bioethics committee of
690 another provider. The proxy will be notified that, upon request,
691 the provider shall make available a second physician, not
692 involved in the patient’s care to assist the proxy in evaluating
693 treatment. Decisions to withhold or withdraw life-prolonging
694 procedures will be reviewed by the facility’s bioethics
695 committee. Documentation of efforts to locate proxies from prior
696 classes must be recorded in the patient record.
697 Section 25. Subsections (1), (3), and (6) of section
698 765.512, Florida Statutes, are amended to read:
699 765.512 Persons who may make an anatomical gift.—
700 (1) Any person who may make a will may make an anatomical
701 gift of his or her body.
702 (a) If the decedent makes an anatomical gift by one of the
703 methods listed in s. 765.514(1), and in the absence of actual
704 notice of contrary indications by the decedent, the document or
705 entry in the donor registry is legally sufficient evidence of
706 the decedent’s informed consent to donate an anatomical gift.
707 (b) An anatomical gift made by a qualified donor and not
708 revoked by the donor, as provided in s. 765.516, is irrevocable
709 after the donor’s death. A family member, including a domestic
710 partner, guardian, representative ad litem, or health care
711 surrogate may not modify, deny, or prevent a donor’s wish or
712 intent to make an anatomical gift after the donor’s death.
713 (3) If the decedent has not made an anatomical gift or
714 designated a health surrogate, a member of one of the classes of
715 persons listed in this subsection below, in the order of
716 priority listed and in the absence of actual notice of contrary
717 indications by the decedent or actual notice of opposition by a
718 member of a prior class, may give all or any part of the
719 decedent’s body for any purpose specified in s. 765.513:
720 (a) The spouse or domestic partner of the decedent;
721 (b) An adult son or daughter of the decedent;
722 (c) Either parent of the decedent;
723 (d) An adult brother or sister of the decedent;
724 (e) An adult grandchild of the decedent;
725 (f) A grandparent of the decedent;
726 (g) A close personal friend, as defined in s. 765.101;
727 (h) A guardian of the person of the decedent at the time of
728 his or her death; or
729 (i) A representative ad litem appointed by a court of
730 competent jurisdiction upon a petition heard ex parte filed by
731 any person, who shall ascertain that no person of higher
732 priority exists who objects to the gift of all or any part of
733 the decedent’s body and that no evidence exists of the
734 decedent’s having made a communication expressing a desire that
735 his or her body or body parts not be donated upon death.
736
737 Those of higher priority who are reasonably available must be
738 contacted and made aware of the proposed gift and a reasonable
739 search must be conducted which shows that there would have been
740 no objection to the gift by the decedent.
741 (6) An anatomical gift authorizes:
742 (a) Any examination necessary to assure medical
743 acceptability of the gift for the purposes intended.
744 (b) The decedent’s medical provider, family, including a
745 domestic partner, or a third party to furnish medical records
746 requested concerning the decedent’s medical and social history.
747 Section 26. Subsection (1) of section 765.517, Florida
748 Statutes, is amended to read:
749 765.517 Rights and duties at death.—
750 (1) The donee, pursuant to s. 765.515(2), may accept or
751 reject an anatomical gift. If the donee accepts a gift to be
752 used for research or education purposes, the donee may authorize
753 embalming and the use of the body in funeral services, subject
754 to the terms of the gift. If the gift is of a part of the body,
755 the donee shall cause the part to be removed without unnecessary
756 mutilation upon the death of the donor and before or after
757 embalming. After removal of the body part, custody of the
758 remainder of the body vests in the surviving spouse, domestic
759 partner, next of kin, or other persons under obligation to
760 dispose of the body.
761 Section 27. Subsection (2) of section 872.04, Florida
762 Statutes, is amended to read:
763 872.04 Autopsies; consent required, exception.—
764 (2) Unless otherwise authorized by statute, an no autopsy
765 may not shall be performed without the written consent of by the
766 health care surrogate, as provided in s. 765.202, if one has
767 been designated. If a health care surrogate has not been
768 designated, then written consent may be provided by the spouse,
769 domestic partner, nearest relative, or, if no such next of kin
770 can be found, the person who has assumed custody of the body for
771 purposes of burial may provide written consent. When two or more
772 persons assume custody of the body for such purposes, then the
773 consent of any one of them is shall be sufficient to authorize
774 the autopsy.
775 Section 28. This act shall take effect July 1, 2015.