Text of FL H 439 (2014)

HB 439 2014 CODING: Words stricken are deletions; words underlined are additions. hb0439-00 Page 1 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to the Florida Families Act; providing 2 a short title; amending s. 28.24, F.S.; authorizing 3 the clerk of the circuit court to collect a filing fee 4 for domestic partner registrations; amending s. 5 382.009, F.S.; requiring notification of a patient's 6 domestic partner in the event of the brain death of 7 the patient; amending s. 394.459, F.S.; providing 8 access to a mental health patient by his or her 9 domestic partner; amending s. 400.022, F.S.; requiring 10 that nursing homes allow a domestic partner access to 11 his or her partner who is a resident and requiring 12 that the domestic partner be allowed to meet with the 13 families of other residents; amending s. 406.50, F.S.; 14 requiring notification of a decedent's domestic 15 partner before the decedent's body can be used for 16 medical education or research; amending s. 408.051, 17 F.S.; adding "domestic partner" to the definition of 18 the term "patient representative"; amending s. 429.28, 19 F.S.; requiring that assisted living facilities allow 20 domestic partners to share a room; amending s. 429.85, 21 F.S.; requiring that adult family-care homes allow 22 domestic partners to share a room; amending s. 446.50, 23 F.S.; providing a cross-reference; amending s. 24 497.005, F.S.; adding domestic partner to the 25 individuals regarded as legally authorized persons for 26 HB 439 2014 CODING: Words stricken are deletions; words underlined are additions. hb0439-00 Page 2 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S purposes of making funeral arrangements of a deceased; 27 amending s. 497.152, F.S.; prohibiting the disposition 28 or disinterment of a decedent's body without written 29 authorization from his or her surviving domestic 30 partner; amending s. 741.01, F.S.; directing the 31 Executive Office of the Governor to establish a 32 Domestic Violence Trust Fund for the purpose of 33 collecting and disbursing funds generated from the 34 Declaration of Domestic Partnership fee; creating s. 35 741.501, F.S.; providing legislative findings; 36 creating s. 741.502, F.S.; providing definitions; 37 creating s. 741.503, F.S.; requiring the Department of 38 State to adopt forms; creating s. 741.504, F.S.; 39 establishing requirements for domestic partnership; 40 providing criminal penalties for providing false 41 information; requiring transmission of certain 42 domestic partnership certifications to the Department 43 of State; creating s. 741.505, F.S.; specifying 44 prohibitions to forming domestic partnerships under 45 certain circumstances; creating s. 741.506, F.S.; 46 identifying rights afforded to domestic partners; 47 providing for enforcement of such rights; creating s. 48 741.507, F.S.; providing fees for establishing and 49 terminating a domestic partnership; creating s. 50 741.508, F.S.; providing methods to prove the 51 existence of a domestic partnership under certain 52 HB 439 2014 CODING: Words stricken are deletions; words underlined are additions. hb0439-00 Page 3 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S circumstances; creating s. 741.509, F.S.; providing 53 for termination of a domestic partnership; creating s. 54 741.510, F.S.; providing that the act does not preempt 55 the authority of a county or municipality to enact a 56 domestic partnership ordinance unless in conflict with 57 the act; amending s. 765.105, F.S.; including a 58 patient's domestic partner as one of several specified 59 persons who may seek judicial intervention to question 60 the patient's health care decision; amending s. 61 765.401, F.S.; adding a domestic partner to the list 62 of individuals who may serve as a health care proxy; 63 amending s. 765.512, F.S.; providing that a domestic 64 partner may make an anatomical gift on behalf of the 65 decedent; amending s. 765.517, F.S.; adding a domestic 66 partner to the list of people who may receive 67 remainder of body parts after an anatomical gift; 68 amending s. 872.04, F.S.; requiring written 69 authorization of a domestic partner to perform an 70 autopsy on his or her deceased partner if no health 71 care surrogate has been designated; providing an 72 effective date. 73 74 Be It Enacted by the Legislature of the State of Florida: 75 76 Section 1. This act may be cited as the "Florida Families 77 Act." 78 HB 439 2014 CODING: Words stricken are deletions; words underlined are additions. hb0439-00 Page 4 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S Section 2. Subsection (29) is added to section 28.24, 79 Florida Statutes, to read: 80 28.24 Service charges.—The clerk of the circuit court 81 shall charge for services rendered manually or electronically by 82 the clerk's office in recording documents and instruments and in 83 performing other specified duties. These charges may not exceed 84 those specified in this section, except as provided in s. 85 28.345. 86 87 Charges 88 89 (29) Upon receipt of a Declaration of Domestic 90 Partnership, for preparing and administering of oath, and filing 91 and providing a certified copy of the domestic partnership. . . 92 . . . . . . . $30.00. 93 Section 3. Subsection (3) of section 382.009, Florida 94 Statutes, is amended to read: 95 382.009 Recognition of brain death under certain 96 circumstances.— 97 (3) The next of kin of the patient or domestic partner 98 shall be notified as soon as practicable of the procedures to 99 determine death under this section. The medical records shall 100 reflect such notice; if such notice has not been given, the 101 medical records shall reflect the attempts to identify and 102 notify the next of kin. 103 Section 4. Paragraph (c) of subsection (5) of section 104 HB 439 2014 CODING: Words stricken are deletions; words underlined are additions. hb0439-00 Page 5 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 394.459, Florida Statutes, is amended to read: 105 394.459 Rights of patients.— 106 (5) COMMUNICATION, ABUSE REPORTING, AND VISITS.— 107 (c) Each facility must permit immediate access to any 108 patient, subject to the patient's right to deny or withdraw 109 consent at any time, by the patient's family members, a 110 patient's domestic partner, guardian, guardian advocate, 111 representative, Florida statewide or local advocacy council, or 112 attorney, unless such access would be detrimental to the 113 patient. If a patient's right to communicate or to receive 114 visitors is restricted by the facility, written notice of such 115 restriction and the reasons for the restriction shall be served 116 on the patient, the patient's attorney, and the patient's 117 guardian, guardian advocate, or representative; and such 118 restriction shall be recorded on the patient's clinical record 119 with the reasons therefor. The restriction of a patient's right 120 to communicate or to receive visitors shall be reviewed at least 121 every 7 days. The right to communicate or receive visitors shall 122 not be restricted as a means of punishment. Nothing in this 123 paragraph shall be construed to limit the provisions of 124 paragraph (d). 125 Section 5. Paragraphs (c) and (e) of subsection (1) of 126 section 400.022, Florida Statutes, are amended to read: 127 400.022 Residents' rights.— 128 (1) All licensees of nursing home facilities shall adopt 129 and make public a statement of the rights and responsibilities 130 HB 439 2014 CODING: Words stricken are deletions; words underlined are additions. hb0439-00 Page 6 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S of the residents of such facilities and shall treat such 131 residents in accordance with the provisions of that statement. 132 The statement shall assure each resident the following: 133 (c) Any entity or individual that provides health, social, 134 legal, or other services to a resident has the right to have 135 reasonable access to the resident. The resident has the right to 136 deny or withdraw consent to access at any time by any entity or 137 individual. Notwithstanding the visiting policy of the facility, 138 the following individuals must be permitted immediate access to 139 the resident: 140 1. Any representative of the federal or state government, 141 including, but not limited to, representatives of the Department 142 of Children and Family Services, the Department of Health, the 143 Agency for Health Care Administration, the Office of the 144 Attorney General, and the Department of Elderly Affairs; any law 145 enforcement officer; members of the state or local ombudsman 146 council; and the resident's individual physician. 147 2. Subject to the resident's right to deny or withdraw 148 consent, immediate family, the resident's domestic partner, or 149 other relatives of the resident. 150 151 The facility must allow representatives of the State Long-Term 152 Care Ombudsman Council to examine a resident's clinical records 153 with the permission of the resident or the resident's legal 154 representative and consistent with state law. 155 (e) The right to organize and participate in resident 156 HB 439 2014 CODING: Words stricken are deletions; words underlined are additions. hb0439-00 Page 7 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S groups in the facility and the right to have the resident's 157 family, including the resident's domestic partner, meet in the 158 facility with the families of other residents. 159 Section 6. Paragraph (a) of subsection (2) and subsection 160 (3) of section 406.50, Florida Statutes, are amended to read: 161 406.50 Unclaimed remains; disposition, procedure.— 162 (2) Before the final disposition of unclaimed remains, the 163 person or entity in charge or control of the remains shall make 164 a reasonable effort to: 165 (a) Determine the identity of the deceased person and 166 contact any relatives of the deceased person, including a 167 domestic partner. 168 169 For purposes of this subsection, "a reasonable effort" includes 170 contacting the National Cemetery Scheduling Office, the county 171 veterans service office, or the regional office of the United 172 States Department of Veterans Affairs. 173 (3) Unclaimed remains shall be delivered to the anatomical 174 board as soon as possible after death. When no family, including 175 a domestic partner, exists or is available, a funeral director 176 licensed under chapter 497 may assume the responsibility of a 177 legally authorized person and may, after 24 hours have elapsed 178 since the time of death, authorize arterial embalming for the 179 purposes of storage and delivery of unclaimed remains to the 180 anatomical board. A funeral director licensed under chapter 497 181 is not liable for damages under this subsection. 182 HB 439 2014 CODING: Words stricken are deletions; words underlined are additions. hb0439-00 Page 8 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S Section 7. Paragraph (g) of subsection (2) of section 183 408.051, Florida Statutes, is amended to read: 184 408.051 Florida Electronic Health Records Exchange Act.— 185 (2) DEFINITIONS.—As used in this section, the term: 186 (g) "Patient representative" means a parent of a minor 187 patient, a court-appointed guardian for the patient, a health 188 care surrogate, or a person holding a power of attorney or 189 notarized consent appropriately executed by the patient granting 190 permission to a health care facility or health care provider to 191 disclose the patient's health care information to that person. 192 In the case of a deceased patient, the term also means the 193 personal representative of the estate of the deceased patient; 194 the deceased patient's surviving spouse, surviving domestic 195 partner, surviving parent, or surviving adult child; the parent 196 or guardian of a surviving minor child of the deceased patient; 197 the attorney for the patient's surviving spouse, domestic 198 partner, parent, or adult child; or the attorney for the parent 199 or guardian of a surviving minor child. 200 Section 8. Paragraph (g) of subsection (1) of section 201 429.28, Florida Statutes, is amended to read: 202 429.28 Resident bill of rights.— 203 (1) No resident of a facility shall be deprived of any 204 civil or legal rights, benefits, or privileges guaranteed by 205 law, the Constitution of the State of Florida, or the 206 Constitution of the United States as a resident of a facility. 207 Every resident of a facility shall have the right to: 208 HB 439 2014 CODING: Words stricken are deletions; words underlined are additions. hb0439-00 Page 9 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (g) Share a room with his or her spouse or domestic 209 partner if both are residents of the facility. 210 Section 9. Paragraph (g) of subsection (1) of section 211 429.85, Florida Statutes, is amended to read: 212 429.85 Residents' bill of rights.— 213 (1) A resident of an adult family-care home may not be 214 deprived of any civil or legal rights, benefits, or privileges 215 guaranteed by law, the State Constitution, or the Constitution 216 of the United States solely by reason of status as a resident of 217 the home. Each resident has the right to: 218 (g) Share a room with the resident's spouse or domestic 219 partner if both are residents of the home. 220 Section 10. Paragraph (b) of subsection (5) of section 221 446.50, Florida Statutes, is amended to read: 222 446.50 Displaced homemakers; multiservice programs; report 223 to the Legislature; Displaced Homemaker Trust Fund created.— 224 (5) DISPLACED HOMEMAKER TRUST FUND.— 225 (b) The trust fund shall receive funds generated from an 226 additional fee on marriage license applications, declarations of 227 domestic partnership, and dissolution of marriage filings as 228 specified in ss. 741.01(3), 741.507, and 28.101, respectively, 229 and may receive funds from any other public or private source. 230 Section 11. Subsection (39) of section 497.005, Florida 231 Statutes, is amended to read: 232 497.005 Definitions.—As used in this chapter, the term: 233 (39) "Legally authorized person" means, in the priority 234 HB 439 2014 CODING: Words stricken are deletions; words underlined are additions. hb0439-00 Page 10 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S listed: 235 (a) The decedent, when written inter vivos authorizations 236 and directions are provided by the decedent; 237 (b) The person designated by the decedent as authorized to 238 direct disposition pursuant to Pub. L. No. 109-163, s. 564, as 239 listed on the decedent's United States Department of Defense 240 Record of Emergency Data, DD Form 93, or its successor form, if 241 the decedent died while serving military service as described in 242 10 U.S.C. s. 1481(a)(1)-(8) in any branch of the United States 243 Armed Forces, United States Reserve Forces, or National Guard; 244 (c) The surviving spouse or domestic partner, unless the 245 spouse or domestic partner has been arrested for committing 246 against the deceased an act of domestic violence as defined in 247 s. 741.28 that resulted in or contributed to the death of the 248 deceased; 249 (d) A son or daughter who is 18 years of age or older; 250 (e) A parent; 251 (f) A brother or sister who is 18 years of age or older; 252 (g) A grandchild who is 18 years of age or older; 253 (h) A grandparent; or 254 (i) Any person in the next degree of kinship. 255 256 In addition, the term may include, if no family member exists or 257 is available, the guardian of the dead person at the time of 258 death; the personal representative of the deceased; the attorney 259 in fact of the dead person at the time of death; the health 260 HB 439 2014 CODING: Words stricken are deletions; words underlined are additions. hb0439-00 Page 11 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S surrogate of the dead person at the time of death; a public 261 health officer; the medical examiner, county commission, or 262 administrator acting under part II of chapter 406 or other 263 public administrator; a representative of a nursing home or 264 other health care institution in charge of final disposition; or 265 a friend or other person not listed in this subsection who is 266 willing to assume the responsibility as the legally authorized 267 person. Where there is a person in any priority class listed in 268 this subsection, the funeral establishment shall rely upon the 269 authorization of any one legally authorized person of that class 270 if that person represents that she or he is not aware of any 271 objection to the cremation of the deceased's human remains by 272 others in the same class of the person making the representation 273 or of any person in a higher priority class. 274 Section 12. Paragraph (e) of subsection (8) of section 275 497.152, Florida Statutes, is amended to read: 276 497.152 Disciplinary grounds.—This section sets forth 277 conduct that is prohibited and that shall constitute grounds for 278 denial of any application, imposition of discipline, or other 279 enforcement action against the licensee or other person 280 committing such conduct. For purposes of this section, the 281 requirements of this chapter include the requirements of rules 282 adopted under authority of this chapter. No subsection heading 283 in this section shall be interpreted as limiting the 284 applicability of any paragraph within the subsection. 285 (8) TRANSPORT, CUSTODY, TREATMENT, OR DISINTERMENT OF 286 HB 439 2014 CODING: Words stricken are deletions; words underlined are additions. hb0439-00 Page 12 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HUMAN REMAINS.— 287 (e) Failing to obtain written authorization from the 288 family, including the domestic partner, or next of kin of the 289 deceased prior to entombment, interment, disinterment, 290 disentombment, or disinurnment of the remains of any human 291 being. 292 Section 13. Subsection (2) of section 741.01, Florida 293 Statutes, is amended to read: 294 741.01 County court judge or clerk of the circuit court to 295 issue marriage license; fee.— 296 (2) The fee charged for each marriage license issued in 297 the state shall be increased by the sum of $25. This fee shall 298 be collected upon receipt of the application for the issuance of 299 a marriage license and remitted by the clerk to the Department 300 of Revenue for deposit in the Domestic Violence Trust Fund. The 301 Executive Office of the Governor shall establish a Domestic 302 Violence Trust Fund for the purpose of collecting and disbursing 303 funds generated from the increase in the marriage license fee 304 and the Declaration of Domestic Partnership fee collected 305 pursuant to s. 741.507. Such funds which are generated shall be 306 directed to the Department of Children and Family Services for 307 the specific purpose of funding domestic violence centers, and 308 the funds shall be appropriated in a "grants-in-aid" category to 309 the Department of Children and Family Services for the purpose 310 of funding domestic violence centers. From the proceeds of the 311 surcharge deposited into the Domestic Violence Trust Fund as 312 HB 439 2014 CODING: Words stricken are deletions; words underlined are additions. hb0439-00 Page 13 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S required under s. 938.08, the Executive Office of the Governor 313 may spend up to $500,000 each year for the purpose of 314 administering a statewide public-awareness campaign regarding 315 domestic violence. 316 Section 14. Section 741.501, Florida Statutes, is created 317 to read: 318 741.501 Legislative findings.—The Legislature finds that: 319 (1) Marriage in this state is defined by s. 27, Art. I of 320 the State Constitution as the union of one man and one woman, 321 and the Legislature does not seek to alter this definition in 322 any way. 323 (2) There is a significant number of individuals in this 324 state who live together in important and personally, 325 emotionally, and economically committed relationships who are 326 not married under state law. These familial relationships have 327 been generally referred to as domestic partnerships in local 328 jurisdictions that have enacted laws applying to such 329 arrangements. Recognition of domestic partnerships provides the 330 state with a valuable legal mechanism to confer certain legally- 331 appropriate rights and responsibilities to individuals who 332 choose to form long-term, mutually supportive relationships. 333 Such recognition will provide support to these familial 334 relationships without affecting the definition of marriage, and 335 without creating or recognizing a legal relationship that is the 336 substantial equivalent of marriage. This law does not alter, 337 affect, or contravene any municipal, county, or state law that 338 HB 439 2014 CODING: Words stricken are deletions; words underlined are additions. hb0439-00 Page 14 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S defines marriage, nor shall it be interpreted as recognizing or 339 treating a domestic partnership as a marriage. 340 (3) The state has a strong interest in promoting stable 341 and lasting families and believes that all familial 342 relationships, including domestic partnerships, should be 343 provided with important legal protections to make them more 344 secure in their persons and property. 345 (4) Because of the material and other support that 346 domestic partnerships provide to their participants, these 347 relationships should be formally recognized and made uniform by 348 law. Recognition of these relationships will also promote 349 economic development by attracting companies to this state that 350 value diversity and protections for their employees, and allow 351 companies that already hire in this state to recruit, retain, 352 and provide a better standard of living to hard-working 353 Floridians. Therefore, the Legislature declares that it is the 354 policy of this state to establish and define the rights and 355 responsibilities of domestic partners. 356 Section 15. Section 741.502, Florida Statutes, is created 357 to read: 358 741.502 Definitions.—As used in ss. 741.501-741.510, the 359 term: 360 (1) "Correctional facility" means any penal, correctional, 361 or detention facility operated by the state, one or more 362 counties, a municipality, or a private corporation. 363 (2) "Domestic partner" means a person who enters into a 364 HB 439 2014 CODING: Words stricken are deletions; words underlined are additions. hb0439-00 Page 15 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S domestic partnership. 365 (3) "Domestic partnership" means a civil contract that 366 meets the requirements of s. 741.504. 367 (4) "Health care facility" means a facility licensed under 368 chapter 395, chapter 400, or chapter 429 or defined in s. 369 394.455. 370 (5) "Mutual residence" means a residence that is shared, 371 without the necessity that the legal right to possess the 372 property be in the name of both residents and regardless of 373 whether either resident also resides in another dwelling. 374 Section 16. Section 741.503, Florida Statutes, is created 375 to read: 376 741.503 Forms.—The Department of State shall prepare and 377 adopt the following forms: 378 (1) Declaration of Domestic Partnership. 379 (2) Certificate of Domestic Partnership. 380 (3) Notice of Termination of Domestic Partnership. 381 (4) Certificate of Termination of Domestic Partnership. 382 Section 17. Section 741.504, Florida Statutes, is created 383 to read: 384 741.504 Domestic partnership requirements.— 385 (1) A domestic partnership may be formed by filing a 386 Declaration of Domestic Partnership form with a clerk of the 387 circuit court in any county. The declaration must include: 388 (a) A statement attesting that each party is 18 years of 389 age or older. The clerk may accept any reasonable proof of an 390 HB 439 2014 CODING: Words stricken are deletions; words underlined are additions. hb0439-00 Page 16 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S individual's age, but the clerk must accept a driver license or 391 passport. 392 (b) A statement attesting that at least one of the parties 393 is a resident of this state. 394 (c) A statement attesting that both parties share a mutual 395 residence. 396 (d) A statement attesting that formation of a domestic 397 partnership is not prohibited under s. 741.505. 398 (e) A mailing address for each party. 399 (f) The notarized signature of each party, along with a 400 declaration that the representations made on the form are true 401 and correct and contain no material omissions of fact to the 402 best knowledge and belief of each party. 403 (2) A person who intentionally provides materially false 404 information on a Declaration of Domestic Partnership form 405 commits a misdemeanor of the first degree, punishable as 406 provided in s. 775.082 or s. 775.083. 407 (3) If the Declaration of Domestic Partnership satisfies 408 the requirements of this section, the clerk of the circuit court 409 shall: 410 (a) Record the Declaration of Domestic Partnership in the 411 official records. 412 (b) Issue a Certificate of Domestic Partnership to the 413 partners in person or at the mailing address provided. 414 (4) On or before the 5th day of each month, the clerk of 415 the circuit court shall transmit all original Certificates of 416 HB 439 2014 CODING: Words stricken are deletions; words underlined are additions. hb0439-00 Page 17 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S Domestic Partnership and Certificates of Termination of Domestic 417 Partnership issued during the preceding calendar month to the 418 Department of State. 419 Section 18. Section 741.505, Florida Statutes, is created 420 to read: 421 741.505 Prohibitions to forming a domestic partnership.—A 422 domestic partnership is prohibited if: 423 (1) Either party is married to a different person, unless 424 the marriage has been legally terminated. 425 (2) Either party is a party to a domestic partnership with 426 a different domestic partner, unless the domestic partnership 427 has been legally terminated. 428 (3) The parties are related by lineal consanguinity or are 429 siblings, or if one party is the niece or nephew of the other 430 party. 431 (4) Either party is incapable of making the civil contract 432 or consenting to the contract for want of legal age or 433 sufficient understanding. 434 (5) Consent to formation of the domestic partnership by 435 either party is obtained by force, fraud, or duress. 436 Section 19. Section 741.506, Florida Statutes, is created 437 to read: 438 741.506 Domestic partnership; rights; enforcement.— 439 (1) A health care facility shall provide a domestic 440 partner with the same right of visitation it provides a spouse. 441 (2) A correctional institution shall grant a domestic 442 HB 439 2014 CODING: Words stricken are deletions; words underlined are additions. hb0439-00 Page 18 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S partner the same visitation privileges it grants a spouse. 443 (3) A public or private entity that provides notice to a 444 spouse or relative in the event of an emergency shall provide 445 notice to a domestic partner. 446 (4) Domestic partners have the same right to jointly own 447 property by tenancy by the entirety, and all legal attributes 448 thereof, as is afforded to spouses. 449 (5) In the absence of a written designation of a 450 healthcare surrogate, a domestic partner has the same right to 451 serve as proxy, as provided in chapter 765, as a spouse. 452 (6) A decedent's domestic partner has the authority to act 453 as the patient's representative and to direct the disposition of 454 the decedent's body as provided in chapters 382, 406, 408, 497, 455 765, and 872. 456 (7) A violation of this section may be enforced by private 457 cause of action filed in any court of competent jurisdiction for 458 declaratory relief, injunctive relief, or both. The prevailing 459 party is entitled to recover attorney fees. 460 Section 20. Section 741.507, Florida Statutes, is created 461 to read: 462 741.507 Fees.— 463 (1) Upon receipt of a Declaration of Domestic Partnership, 464 the clerk of the circuit court shall collect and receive: 465 (a) A fee of $30 as provided in s. 28.24(29). 466 (b) A fee of $2 for receiving the Declaration of Domestic 467 Partnership. 468 HB 439 2014 CODING: Words stricken are deletions; words underlined are additions. hb0439-00 Page 19 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (c) A fee of $25 to be remitted to the Department of 469 Revenue for deposit into the Domestic Violence Trust Fund. 470 (d) A fee of $25 to be remitted to the Department of 471 Revenue for monthly deposit into the General Revenue Fund. 472 (e) A fee of $7.50 to be remitted to the Department of 473 Revenue for deposit into the Displaced Homemaker Trust Fund 474 created in s. 446.50. 475 (2) An applicant for a Certificate of Domestic Partnership 476 who cannot pay the fees required under subsection (1) in a lump 477 sum may make payment in not more than three installments over a 478 period of 90 days. The clerk shall accept installment payments 479 upon receipt of an affidavit that the applicant cannot pay the 480 fees in a lump-sum payment. Upon receipt of the third or final 481 installment payment, the Declaration of Domestic Partnership 482 shall be deemed filed, and the clerk shall issue the Certificate 483 of Domestic Partnership and distribute the fees as provided in 484 subsection (1). If the fees are paid in installments, the clerk 485 shall retain $1 from the fee imposed pursuant to paragraph 486 (1)(b) as a processing fee. 487 (3) Upon receipt of a Notice of Termination of Domestic 488 Partnership, the clerk of the circuit court shall collect and 489 receive a fee of $10 from the party filing for termination. 490 Section 21. Section 741.508, Florida Statutes, is created 491 to read: 492 741.508 Proof of domestic partnership if certificate is 493 not available.— 494 HB 439 2014 CODING: Words stricken are deletions; words underlined are additions. hb0439-00 Page 20 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (1) If the Certificate of Domestic Partnership is not 495 available, the domestic partnership may be proved by an 496 affidavit before an officer authorized to administer oaths, 497 which is made by two competent witnesses who are present and see 498 the Declaration of Domestic Partnership executed. 499 (2) The clerk of the circuit court of the county in which 500 the Declaration of Domestic Partnership originally was executed 501 shall file and record the affidavit and shall issue a new 502 certificate, which has the same force and effect as the 503 original. 504 (3) For purposes of this section, a Certificate of 505 Domestic Partnership is not available if: 506 (a) A Declaration of Domestic Partnership was executed in 507 accordance with s. 741.504 but was not recorded; 508 (b) The certificate is lost; or 509 (c) The certificate cannot be obtained by reason of death 510 or other cause. 511 Section 22. Section 741.509, Florida Statutes, is created 512 to read: 513 741.509 Termination of partnership.— 514 (1) A party to a domestic partnership may terminate the 515 partnership by filing a Notice of Termination of Domestic 516 Partnership with the clerk of the circuit court and by paying 517 the filing fee established under s. 741.507. The notice must be 518 signed by at least one of the parties and notarized. If the 519 notice is not signed by both parties, the party who seeks 520 HB 439 2014 CODING: Words stricken are deletions; words underlined are additions. hb0439-00 Page 21 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S termination must also file with the clerk an affidavit stating 521 that: 522 (a) Notice has been served on the other party in the 523 manner prescribed for the service of summons in a civil action; 524 or 525 (b) The party who seeks termination has not been able to 526 find the other party after reasonable effort and that notice has 527 been made pursuant to s. 50.011 by publication in a newspaper of 528 general distribution in the county where the domestic partners 529 were last domiciled. 530 (2) The domestic partnership is terminated effective 90 531 days after the date of filing the notice of termination and 532 payment of the filing fee. 533 (3) Upon receipt of a signed, notarized notice of 534 termination, affidavit, if required, and filing fee, the clerk 535 of the circuit court shall file the notice of termination and 536 issue a Certificate of Termination of Domestic Partnership to 537 each party in person or at the mailing address provided on the 538 notice. 539 (4) A domestic partnership is automatically terminated if, 540 subsequent to the registration of the domestic partnership: 541 (a) Either party or both parties enter into a marriage 542 that is recognized as valid in this state, either with each 543 other or with another person; or 544 (b) One party dies, except that the death of a domestic 545 partner does not extinguish the surviving domestic partner's 546 HB 439 2014 CODING: Words stricken are deletions; words underlined are additions. hb0439-00 Page 22 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S rights with respect to the medical record of, or information 547 relating to, the decedent and with respect to the disposition of 548 the decedent's body and the decedent's funeral arrangements. 549 (5) If a domestic partnership is automatically terminated, 550 at least one party must file a notice of termination with the 551 clerk of the circuit court within 30 days of the event causing 552 the automatic termination. 553 Section 23. Section 741.510, Florida Statutes, is created 554 to read: 555 741.510 Preemption.—This act does not preempt the 556 authority of a county or municipality to enact a domestic 557 partnership ordinance that is not in conflict with this act. 558 Section 24. Section 765.105, Florida Statutes, is amended 559 to read: 560 765.105 Review of surrogate or proxy's decision.—The 561 patient's family, a domestic partner, the health care facility, 562 or the attending physician, or any other interested person who 563 may reasonably be expected to be directly affected by the 564 surrogate or proxy's decision concerning any health care 565 decision may seek expedited judicial intervention pursuant to 566 rule 5.900 of the Florida Probate Rules, if that person 567 believes: 568 (1) The surrogate or proxy's decision is not in accord 569 with the patient's known desires or the provisions of this 570 chapter; 571 (2) The advance directive is ambiguous, or the patient has 572 HB 439 2014 CODING: Words stricken are deletions; words underlined are additions. hb0439-00 Page 23 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S changed his or her mind after execution of the advance 573 directive; 574 (3) The surrogate or proxy was improperly designated or 575 appointed, or the designation of the surrogate is no longer 576 effective or has been revoked; 577 (4) The surrogate or proxy has failed to discharge duties, 578 or incapacity or illness renders the surrogate or proxy 579 incapable of discharging duties; 580 (5) The surrogate or proxy has abused powers; or 581 (6) The patient has sufficient capacity to make his or her 582 own health care decisions. 583 Section 25. Subsection (1) of section 765.401, Florida 584 Statutes, is amended to read: 585 765.401 The proxy.— 586 (1) If an incapacitated or developmentally disabled 587 patient has not executed an advance directive, or designated a 588 surrogate to execute an advance directive, or the designated or 589 alternate surrogate is no longer available to make health care 590 decisions, health care decisions may be made for the patient by 591 any of the following individuals, in the following order of 592 priority, if no individual in a prior class is reasonably 593 available, willing, or competent to act: 594 (a) The judicially appointed guardian of the patient or 595 the guardian advocate of the person having a developmental 596 disability as defined in s. 393.063, who has been authorized to 597 consent to medical treatment, if such guardian has previously 598 HB 439 2014 CODING: Words stricken are deletions; words underlined are additions. hb0439-00 Page 24 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S been appointed; however, this paragraph shall not be construed 599 to require such appointment before a treatment decision can be 600 made under this subsection; 601 (b) The patient's spouse or domestic partner; 602 (c) An adult child of the patient, or if the patient has 603 more than one adult child, a majority of the adult children who 604 are reasonably available for consultation; 605 (d) A parent of the patient; 606 (e) The adult sibling of the patient or, if the patient 607 has more than one sibling, a majority of the adult siblings who 608 are reasonably available for consultation; 609 (f) An adult relative of the patient who has exhibited 610 special care and concern for the patient and who has maintained 611 regular contact with the patient and who is familiar with the 612 patient's activities, health, and religious or moral beliefs; or 613 (g) A close friend of the patient; or. 614 (h) A clinical social worker licensed pursuant to chapter 615 491, or who is a graduate of a court-approved guardianship 616 program. Such a proxy must be selected by the provider's 617 bioethics committee and must not be employed by the provider. If 618 the provider does not have a bioethics committee, then such a 619 proxy may be chosen through an arrangement with the bioethics 620 committee of another provider. The proxy will be notified that, 621 upon request, the provider shall make available a second 622 physician, not involved in the patient's care to assist the 623 proxy in evaluating treatment. Decisions to withhold or withdraw 624 HB 439 2014 CODING: Words stricken are deletions; words underlined are additions. hb0439-00 Page 25 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S life-prolonging procedures will be reviewed by the facility's 625 bioethics committee. Documentation of efforts to locate proxies 626 from prior classes must be recorded in the patient record. 627 Section 26. Subsections (1) and (3) of section 765.512, 628 Florida Statutes, are amended to read: 629 765.512 Persons who may make an anatomical gift.— 630 (1) Any person who may make a will may make an anatomical 631 gift of his or her body. 632 (a) If the decedent makes an anatomical gift by one of the 633 methods listed in s. 765.514(1), and in the absence of actual 634 notice of contrary indications by the decedent, the document or 635 entry in the donor registry is legally sufficient evidence of 636 the decedent's informed consent to donate an anatomical gift. 637 (b) An anatomical gift made by a qualified donor and not 638 revoked by the donor, as provided in s. 765.516, is irrevocable 639 after the donor's death. A family member, domestic partner, 640 guardian, representative ad litem, or health care surrogate may 641 not modify, deny, or prevent a donor's wish or intent to make an 642 anatomical gift after the donor's death. 643 (3) If the decedent has not made an anatomical gift or 644 designated a health surrogate, a member of one of the classes of 645 persons listed below, in the order of priority listed and in the 646 absence of actual notice of contrary indications by the decedent 647 or actual notice of opposition by a member of a prior class, may 648 give all or any part of the decedent's body for any purpose 649 specified in s. 765.513: 650 HB 439 2014 CODING: Words stricken are deletions; words underlined are additions. hb0439-00 Page 26 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (a) The spouse or domestic partner of the decedent; 651 (b) An adult son or daughter of the decedent; 652 (c) Either parent of the decedent; 653 (d) An adult brother or sister of the decedent; 654 (e) An adult grandchild of the decedent; 655 (f) A grandparent of the decedent; 656 (g) A close personal friend, as defined in s. 765.101; 657 (h) A guardian of the person of the decedent at the time 658 of his or her death; or 659 (i) A representative ad litem appointed by a court of 660 competent jurisdiction upon a petition heard ex parte filed by 661 any person, who shall ascertain that no person of higher 662 priority exists who objects to the gift of all or any part of 663 the decedent's body and that no evidence exists of the 664 decedent's having made a communication expressing a desire that 665 his or her body or body parts not be donated upon death. 666 667 Those of higher priority who are reasonably available must be 668 contacted and made aware of the proposed gift and a reasonable 669 search must be conducted which shows that there would have been 670 no objection to the gift by the decedent. 671 Section 27. Subsection (1) of section 765.517, Florida 672 Statutes, is amended to read: 673 765.517 Rights and duties at death.— 674 (1) The donee, pursuant to s. 765.515(2), may accept or 675 reject an anatomical gift. If the donee accepts a gift to be 676 HB 439 2014 CODING: Words stricken are deletions; words underlined are additions. hb0439-00 Page 27 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S used for research or education purposes, the donee may authorize 677 embalming and the use of the body in funeral services, subject 678 to the terms of the gift. If the gift is of a part of the body, 679 the donee shall cause the part to be removed without unnecessary 680 mutilation upon the death of the donor and before or after 681 embalming. After removal of the body part, custody of the 682 remainder of the body vests in the surviving spouse, domestic 683 partner, next of kin, or other persons under obligation to 684 dispose of the body. 685 Section 28. Subsection (2) of section 872.04, Florida 686 Statutes, is amended to read: 687 872.04 Autopsies; consent required, exception.— 688 (2) Unless otherwise authorized by statute, no autopsy 689 shall be performed without the written consent by the health 690 care surrogate, as provided in s. 765.202, if one has been 691 designated. If a health care surrogate has not been designated, 692 then written consent may be provided by the spouse, domestic 693 partner, nearest relative, or, if no such next of kin can be 694 found, the person who has assumed custody of the body for 695 purposes of burial. When two or more persons assume custody of 696 the body for such purposes, then the consent of any one of them 697 shall be sufficient to authorize the autopsy. 698 Section 29. This act shall take effect July 1, 2014. 699