HOUSE AMENDMENT
                           Bill No. CS for CS for SB 374, 2nd Eng.
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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11  Representative(s) Crow offered the following:
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13         Amendment (with title amendment) 
14         On page 11, between lines 13 and 14,
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16  insert:  
17         Section 9.  Section 10 of this act shall be known as
18  the "Terri Schiavo Act".
19         Section 10.  Subsection (3) of section 765.401, Florida
20  Statutes, is amended to read:
21         765.401  The proxy.--
22         (3)  Before exercising the incapacitated patient's
23  rights to select or decline health care, the proxy must comply
24  with the provisions of ss. 765.205 and 765.305;, except that a
25  proxy's decision to withhold or withdraw life-prolonging
26  procedures must be supported by clear and convincing evidence
27  that the decision would have been the one the patient would
28  have chosen had the patient been competent, and a guardian ad
29  litem not related to the patient must be appointed to
30  represent the patient's interests.
31         Section 11.  Paragraph (f) is added to subsection (4)
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    File original & 9 copies    05/02/01                          
    hbd0001                     11:46 am         00374-0049-661099

HOUSE AMENDMENT Bill No. CS for CS for SB 374, 2nd Eng. Amendment No. ___ (for drafter's use only) 1 of section 744.3215, Florida Statutes, to read: 2 (f) Consent to or otherwise direct on behalf of the 3 ward to withdraw or withhold life-prolonging procedures. Any 4 authority exercised under this paragraph must comply with 5 chapter 765. 6 7 8 ================ T I T L E A M E N D M E N T =============== 9 And the title is amended as follows: 10 On page 2, line 3, 11 12 after the semicolon insert: 13 amending s. 765.401, F.S.; requiring 14 appointment of a guardian ad litem when a proxy 15 seeks to withhold or withdraw life-prolonging 16 procedures; amending s. 744.3215, F.S.; 17 providing that a guardian must seek court 18 approval to withdraw or withhold 19 life-prolonging procedures; 20 21 22 23 24 25 26 27 28 29 30 31 2 File original & 9 copies 05/02/01 hbd0001 11:46 am 00374-0049-661099