Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1032
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Children, Families, and Elder Affairs (Burgess)
       recommended the following:
    1         Senate Amendment 
    3         Delete lines 168 - 197
    4  and insert:
    5         Section 4. Subsection (2) of section 744.441, Florida
    6  Statutes, is amended to read
    7         744.441 Powers of guardian upon court approval.—After
    8  obtaining approval of the court pursuant to a petition for
    9  authorization to act:
   10         (2)(a) A plenary guardian or a limited guardian of a ward
   11  may sign an order not to resuscitate as provided in s. 401.45(3)
   12  for a ward who does not have such an order in effect. When
   13  seeking a plenary guardian or a limited guardian of a ward seeks
   14  to obtain approval of the court to sign an order not to
   15  resuscitate, if required by exigent circumstances, the court
   16  must hold a preliminary hearing within 72 hours after the
   17  petition is filed, and:
   18         1.(a) Rule on the relief requested immediately after the
   19  preliminary hearing; or
   20         2.(b) Conduct an evidentiary hearing not later than 4 days
   21  after the preliminary hearing and rule on the relief requested
   22  immediately after the evidentiary hearing.
   23         (b)1.Notwithstanding paragraph (a), if the ward is
   24  hospitalized and exigent circumstances exist which do not allow
   25  time for the guardian to seek court approval under paragraph
   26  (a), without prior court approval, the guardian may sign an
   27  order not to resuscitate on behalf of the ward and consent to
   28  the order being entered in the ward’s chart by a physician
   29  provided the hospital ethics committee has met and agrees with
   30  the entry of an order not to resuscitate.
   31         2. As soon as reasonable, and not more than 72 hours after
   32  signing an order not to resuscitate and consenting to the order
   33  being entered in the ward’s chart, the guardian must file notice
   34  of such action with the court along with documentation
   35  supporting the decision.