Florida Senate - 2020                                     SB 798
       
       
        
       By Senator Rouson
       
       
       
       
       
       19-00897A-20                                           2020798__
    1                        A bill to be entitled                      
    2         An act relating to the procurement of human organs and
    3         tissue; amending s. 765.542, F.S.; prohibiting for
    4         profit entities from procuring certain human organs
    5         and tissue, with certain exceptions; amending s.
    6         873.01, F.S.; prohibiting for-profit entities from
    7         procuring certain human organs and tissue, with
    8         certain exceptions; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Present subsection (4) of section 765.542,
   13  Florida Statutes, is redesignated as subsection (5), and a new
   14  subsection (4) is added to that section, to read:
   15         765.542 Requirements to engage in organ, tissue, or eye
   16  procurement.—
   17         (4) A for-profit entity may not engage, directly or
   18  indirectly, in the procurement of any eye, cornea, eye tissue,
   19  or corneal tissue. This subsection does not apply to a hospital
   20  or an ambulatory surgical center licensed under chapter 395 or
   21  to a district medical examiner appointed under chapter 406.
   22         Section 2. Present subsections (3) and (4) of section
   23  873.01, Florida Statutes, are redesignated as subsections (4)
   24  and (5), respectively, a new subsection (3) is added to that
   25  section, and subsections (1) and (2) of that section are
   26  amended, to read:
   27         873.01 Purchase or sale of human organs and tissue
   28  prohibited.—
   29         (1) A No person may not shall knowingly offer to purchase
   30  or sell, or purchase, sell, or otherwise transfer, any human
   31  organ or tissue for valuable consideration.
   32         (2) A No for-profit corporation or any employee thereof may
   33  not shall transfer or arrange for the transfer of any human body
   34  part for valuable consideration.
   35         (3) A for-profit entity may not engage, directly or
   36  indirectly, in the procurement, as defined in s. 765.511, of any
   37  eye, cornea, eye tissue, or corneal tissue. This subsection does
   38  not apply to a hospital or an ambulatory surgical center
   39  licensed under chapter 395 or to a district medical examiner
   40  appointed under chapter 406.
   41         Section 3. This act shall take effect July 1, 2020.