Senate Bill 1970c1

    Florida Senate - 2000                           CS for SB 1970

    By the Committee on Criminal Justice and Senator King





    307-2175-00

  1                      A bill to be entitled

  2         An act relating to anatomical gifts by inmates;

  3         requiring the Department of Corrections to

  4         provide each person remanded to the custody of

  5         the department the opportunity to obtain an

  6         anatomical gift donor card; providing that the

  7         act does not confer a right on the part of an

  8         inmate to make an anatomical gift; providing

  9         for dismissal of certain actions with

10         prejudice; providing an effective date.

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12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  Anatomical gifts by inmates.--The

15  Department of Corrections shall provide each person remanded

16  to the custody of the department the opportunity to obtain an

17  anatomical gift donor card as provided in section 732.914,

18  Florida Statutes.  Nothing in this section shall be construed

19  to confer a right on the part of an inmate under the

20  supervision of the Department of Corrections or any private

21  correctional facility contracted by the Department of

22  Corrections to make an anatomical gift.  Any claim or action

23  filed on behalf of an inmate which seeks to enforce an alleged

24  right to make or donate an anatomical gift is a nullity and

25  shall be summarily dismissed with prejudice by the court in

26  which the action or claim is filed.

27         Section 2.  This act shall take effect upon becoming a

28  law.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                           CS for SB 1970
    307-2175-00




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1970

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  4  -     Removes provisions which permit a capital defendant who
          is sentenced to death to choose to make organ donations
  5        and to choose the method of lethal injection to
          accomplish the harvesting of the defendant's organs.
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    -     Requires that the Department of Corrections provide each
  7        person remanded to the custody of the department the
          opportunity to obtain an anatomical gift donor card as
  8        provided in s. 732.914, F.S.

  9  -     Provides that nothing in the bill shall be construed as
          conferring a right on the part of an inmate to make an
10        anatomical gift.

11  -     Provides that any claim or action filed on behalf of an
          inmate which seeks to enforce an alleged right to make
12        or donate an anatomical gift is a nullity and shall be
          summarily dismissed by the court.
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