Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 804
                        Barcode 911004
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Judiciary (Campbell) recommended the
12  following substitute for amendment (393562):
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.    Section 765.405, Florida Statutes, is
19  created to read:
20         765.405  Suspension of artificially provided sustenance
21  or hydration in absence of an advance directive.--
22         (1)  Artificially provided sustenance or hydration may
23  not be suspended from a person who is in a persistent
24  vegetative state if:
25         (a)  The purpose of the suspension is solely to end the
26  life of a person who is in a persistent vegetative state;
27         (b)  A conflict exists between any of the parties
28  identified in paragraphs (1)(a) through (f) of  s. 765.401
29  regarding the decision to suspend artificially provided
30  sustenance or hydration from the person who is in a persistent
31  vegetative state; and
                                  1
    11:41 AM   03/15/05                             s0804.ju32.02a

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 804 Barcode 911004 1 (c) The person who is in a persistent vegetative state 2 has not executed a written advance directive, executed a 3 written living will, or designated a health care surrogate, 4 which directive, will, or designation of a surrogate 5 authorizes the suspension of life-prolonging procedures, as 6 defined in s. 765.101. 7 (2) Any party identified in paragraphs (1)(a) through 8 (f) of s. 765.401 may petition the court of competent 9 jurisdiction at any time to prevent the suspension of 10 artificially provided sustenance or hydration based upon an 11 assertion that the existence of the conditions of subsection 12 (1) prohibit the suspension of artificially provided 13 sustenance or hydration. 14 Section 2. The provisions of this act are remedial 15 and are applicable to every living person on the effective 16 date of this act. In addition, it is the intent of the 17 Legislature, and the policy of this state, to apply this act 18 to situations in which a person is in a persistent vegetative 19 on or after the effective date of this act. 20 Section 3. This act shall take effect upon becoming 21 a law. 22 23 24 ================ T I T L E A M E N D M E N T =============== 25 And the title is amended as follows: 26 Delete everything before the enacting clause 27 28 and insert: An act relating to the suspension of artificially 29 provided sustenance or hydration from a person in a persistent 30 vegetative state; creating s. 765.405, F.S.; prohibiting the 31 suspension of the sustenance or hydration under certain 2 11:41 AM 03/15/05 s0804.ju32.02a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 804 Barcode 911004 1 conditions; authorizing certain parties to petition the court 2 to prevent suspension of the sustenance or hydration; 3 specifying that the act is remedial and providing for its 4 application; providing an effective date. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 11:41 AM 03/15/05 s0804.ju32.02a