Florida Senate - 2015                                     SB 988
       
       
        
       By Senator Margolis
       
       
       
       
       
       35-00428-15                                            2015988__
    1                        A bill to be entitled                      
    2         An act relating to anatomical gifts; amending s.
    3         765.514, F.S.; authorizing a person to make an
    4         anatomical gift of all or part of his or her body by
    5         registering with the First Person Consent organ and
    6         tissue donor registry; amending s. 765.521, F.S.;
    7         requiring an applicant for a driver license, driver
    8         license renewal, or identification card to provide a
    9         statement of whether he or she agrees to have his or
   10         her name included in the First Person Consent organ
   11         and tissue donor registry; requiring the Department of
   12         Highway Safety and Motor Vehicles to develop and issue
   13         a brochure explaining such registry; requiring the
   14         department to establish the registry and maintain a
   15         physical or electronic record of such registry;
   16         authorizing a person to revise or withdraw consent to
   17         be listed in such registry; authorizing the department
   18         to establish additional methods by which a person may
   19         have his or her name included in such registry;
   20         amending s. 765.51551, F.S.; authorizing specified
   21         representatives to ask the department whether a
   22         potential organ donor’s name is included in the First
   23         Person Consent organ and tissue donor registry and
   24         authorizing the department to provide such
   25         information; reenacting ss. 381.0041(2)(c),
   26         765.511(8), 765.512(1)(a), and 765.521(1), F.S., to
   27         incorporate the amendment made to s. 765.514, F.S., in
   28         references thereto; reenacting s. 765.515(1), F.S., to
   29         incorporate the amendment made to 765.521, F.S., in a
   30         reference thereto; providing an effective date.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Paragraph (c) of subsection (1) of section
   35  765.514, Florida Statutes, is amended to read:
   36         765.514 Manner of making anatomical gifts.—
   37         (1) A person may make an anatomical gift of all or part of
   38  his or her body under s. 765.512(1) by:
   39         (c) Registering with the First Person Consent organ and
   40  tissue donor registry under s. 765.521(2) and signifying an
   41  intent to donate on his or her driver license or identification
   42  card issued by the department. Revocation, suspension,
   43  expiration, or cancellation of the driver license or
   44  identification card does not invalidate the gift.
   45         Section 2. Present subsections (2) and (3) of section
   46  765.521, Florida Statutes, are redesignated as subsections (3)
   47  and (4), respectively, and a new subsection (2) is added to that
   48  section, to read:
   49         765.521 Donations as part of driver license or
   50  identification card process.—
   51         (2)(a) An applicant for a driver license under s. 322.08, a
   52  driver license renewal under s. 322.18, or an identification
   53  card under s. 322.051 shall provide a statement in writing, or
   54  by another means approved by the department, of whether he or
   55  she agrees to have his or her name included in the First Person
   56  Consent organ and tissue donor registry established under
   57  paragraph (c) by responding to one of the following three
   58  options provided by the department: “Yes,” “No,” or “Defer to
   59  family wishes.”
   60         1. A person who chooses “Yes” has agreed to have his or her
   61  name included in the First Person Consent organ and tissue donor
   62  registry and has entered into a legally binding commitment to
   63  donate his or her organs or tissue upon his or her death.
   64         2. A person who chooses “No” has not agreed to have his or
   65  her name included in the First Person Consent organ and tissue
   66  donor registry.
   67         3. A person who chooses “Defer to family wishes” has agreed
   68  to allow a person listed in s. 765.512(3) to donate all or any
   69  part of the decedent’s body for any purpose specified in s.
   70  765.513.
   71         (b) The department shall develop and issue a brochure
   72  explaining the First Person Consent organ and tissue donor
   73  registry to each applicant for a driver license under s. 322.08,
   74  a driver license renewal under s. 322.18, or an identification
   75  card under s. 322.051. The brochure must advise the applicant
   76  that he or she is not required to agree to have his or her name
   77  included in the First Person Consent organ and tissue donor
   78  registry and that he or she may wish to consult with family,
   79  friends, or clergy before having his or her name included in the
   80  registry.
   81         (c) The department shall establish the First Person Consent
   82  organ and tissue donor registry and shall maintain a physical or
   83  electronic record of the registry. When a person has agreed to
   84  have his or her name included in the First Person Consent organ
   85  and tissue donor registry, the department shall record the
   86  person’s name in the registry.
   87         (d) A person may revise or withdraw his or her statement of
   88  agreement to have his or her name included in the First Person
   89  Consent organ and tissue donor registry by notifying the
   90  department in writing, or by another means approved by the
   91  department, of the person’s decision to have his or her name
   92  removed from the registry.
   93         (e) The department may establish additional methods by
   94  which a person may have his or her name included in the First
   95  Person Consent organ and tissue donor registry.
   96         Section 3. Paragraph (c) is added to subsection (2) of
   97  section 765.51551, Florida Statutes, to read:
   98         765.51551 Donor registry; public records exemption.—
   99         (2) Such information may be disclosed to the following:
  100         (c) A representative of an organ procurement organization,
  101  a tissue bank, or a coroner’s or medical examiner’s office may
  102  ask the department whether a potential organ donor’s name is
  103  included in the First Person Consent organ and tissue donor
  104  registry under s. 765.521(2), and the department may provide
  105  such information to the representative.
  106         Section 4. Paragraph (c) of subsection (2) of s. 381.0041,
  107  subsection (8) of s. 765.511, paragraph (a) of subsection (1) of
  108  s. 765.512, and subsection (1) of s. 765.521, Florida Statutes,
  109  are reenacted for the purpose of incorporating the amendment
  110  made by this act to s. 765.514, Florida Statutes, in references
  111  thereto.
  112         Section 5. Subsection (1) of s. 765.515, Florida Statutes,
  113  is reenacted for the purpose of incorporating the amendment made
  114  by this act to s. 765.521, Florida Statutes, in a reference
  115  thereto.
  116         Section 6. This act shall take effect July 1, 2015.