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.