Senate Bill sb1350c1

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    Florida Senate - 2007                           CS for SB 1350

    By the Committee on Health Policy; and Senators Oelrich and
    Dockery




    587-2062-07

  1                      A bill to be entitled

  2         An act relating to organ and tissue donation;

  3         providing findings and intent; amending s.

  4         765.511, F.S.; providing a definition; amending

  5         s. 765.512, F.S.; providing for donation by

  6         joining a donor registry; providing for

  7         validity of a designation of intent to donate

  8         by an unemancipated minor upon the minor's

  9         attaining majority; conforming provisions;

10         amending s. 765.514, F.S.; providing for

11         authorization of anatomical donations by

12         notations on a driver's license or

13         identification card; providing for effect on

14         authorization of license revocation,

15         suspension, expiration, or cancellation;

16         providing for authorization of anatomical

17         donation by inclusion on a donor registry;

18         providing for authorization of donation through

19         online access to registry; providing for

20         rulemaking; revising the uniform donor card;

21         amending s. 765.515, F.S.; revising provisions

22         relating to communication of specified

23         information to the donor registry; providing

24         for administration of the donor registry by a

25         specified nonprofit corporation rather than by

26         a state agency; designating the Joshua Abbott

27         Organ and Tissue Donor Registry; revising

28         provisions relating to registry administration;

29         requiring an annual report; providing for

30         verification of certain online entries;

31         providing for voluntary contributions to the

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 1         registry; revising provisions relating to

 2         payment of costs of the registry; providing for

 3         expiration of specified transitional

 4         provisions; providing for provision of current

 5         registry information to the Florida Coalition

 6         on Donation; amending s. 765.516, F.S.;

 7         authorizing revocation of anatomical gift by a

 8         donor through removal of his or her name from

 9         the donor registry; amending s. 765.517, F.S.;

10         revising provisions relating to verification of

11         a donor's consent at death; creating s.

12         765.5201, F.S.; providing legislative findings

13         concerning the Florida Coalition on Donation;

14         providing for application of public records and

15         meetings requirements to the coalition;

16         amending s. 765.521, F.S.; revising provisions

17         relating to authorization of donations as a

18         part of the driver license or identification

19         card process; amending s. 765.5215, F.S.;

20         revising provisions relating to anatomical gift

21         education programs; amending s. 765.52155,

22         F.S.; redesignating the Florida Organ and

23         Tissue Donor Education and Procurement Trust

24         Fund as the Florida Organ and Tissue

25         Procurement Trust Fund; repealing s. 765.5216,

26         F.S., relating to the organ and tissue donor

27         education panel; amending s. 765.522, F.S.;

28         revising duties of hospital administrators at

29         or near the time of death of persons who are

30         suitable candidates for organ or tissue

31         donation; providing specified immunity to the

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 1         Florida Coalition on Donation; revising

 2         authority for designation of organ procurement

 3         organizations; amending s. 765.544, F.S.;

 4         revising provisions relating to the use of the

 5         Florida Organ and Tissue Procurement Trust

 6         Fund; providing for use of specified funds for

 7         certain transitional and notification purposes;

 8         providing for expiration of specified

 9         provisions; amending s. 215.20, F.S.;

10         conforming provisions to the redesignation of

11         the Florida Organ and Tissue Donor Education

12         and Procurement Trust Fund as the Florida Organ

13         and Tissue Procurement Trust Fund; amending ss.

14         320.08047 and 322.08, F.S.; revising

15         distribution of specified voluntary

16         contributions for organ and tissue donor

17         education; providing an effective date.

18  

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

20  

21         Section 1.  (1)  The Legislature finds that:

22         (a)  There exists in the state a shortage of organ and

23  tissue donors to provide the organs and tissue that could save

24  lives or enhance the quality of life for many Floridians.

25         (b)  There is a need to encourage the various minority

26  populations of Florida to donate organs and tissue.

27         (c)  An enhanced program of donor education coupled

28  with an online registration process developed and implemented

29  by a private not-for-profit entity in cooperation with the

30  Department of Highway Safety and Motor Vehicles that will

31  report its results to the Agency for Health Care

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 1  Administration and the Legislature will lead to an increase in

 2  the number of organ and tissue donors registered in Florida.

 3         (d)  The Florida Coalition on Donation has been

 4  established as a not-for-profit entity by the Florida organ

 5  procurement organizations designated by the United States

 6  Department of Health and Human Services and Florida tissue

 7  banks and eye banks, all certified by the Agency for Health

 8  Care Administration.

 9         (2)  It is the intent of the Legislature that the funds

10  collected pursuant to ss. 320.08047 and 322.08(6)(b), Florida

11  Statutes, be used to maintain the donor registry and for

12  educational purposes aimed at increasing the number of organ

13  and tissue donors, thus affording more Floridians who are

14  awaiting organ or tissue transplants the opportunity for a

15  full and productive life.

16         Section 2.  Subsections (4) and (5) of section 765.511,

17  Florida Statutes, are renumbered as subsections (5) and (6),

18  respectively, and a new subsection (4) is added to that

19  section to read:

20         765.511  Definitions.--As used in this part, the term:

21         (4)  "Florida Coalition on Donation" or "coalition"

22  means the Florida Coalition on Donation, Inc., a

23  not-for-profit corporation.

24         Section 3.  Subsections (2) and (3) of section 765.512,

25  Florida Statutes, are amended to read:

26         765.512  Persons who may make an anatomical gift.--

27         (2)  If the decedent has executed an agreement

28  concerning an anatomical gift, by signing an organ and tissue

29  donor card, by joining the organ donor registry, by expressing

30  his or her wish to donate in a living will or advance

31  directive, or by signifying his or her intent to donate on his

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    Florida Senate - 2007                           CS for SB 1350
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 1  or her driver's license or identification card or in some

 2  other written form has indicated his or her wish to make an

 3  anatomical gift, and in the absence of actual notice of

 4  contrary indications by the decedent, the document is evidence

 5  of legally sufficient informed consent to donate an anatomical

 6  gift and is legally binding. If an unemancipated minor

 7  designates his or her intent to donate on his or her driver's

 8  license or identification card, the designation shall have the

 9  same effect as if it had been made by an adult once he or she

10  attains the age of majority. Any surrogate designated by the

11  decedent pursuant to part II of this chapter may give all or

12  any part of the decedent's body for any purpose specified in

13  s. 765.510.

14         (3)  If the decedent has not executed an agreement

15  concerning an anatomical gift, is not included in the donor

16  registry, or has not designated a surrogate pursuant to part

17  II of this chapter to make an anatomical gift pursuant to the

18  conditions of subsection (2), a member of one of the classes

19  of persons listed below, in the order of priority stated and

20  in the absence of actual notice of contrary indications by the

21  decedent or actual notice of opposition by a member of the

22  same or a prior class, may give all or any part of the

23  decedent's body for any purpose specified in s. 765.510:

24         (a)  The spouse of the decedent;

25         (b)  An adult son or daughter of the decedent;

26         (c)  Either parent of the decedent;

27         (d)  An adult brother or sister of the decedent;

28         (e)  A grandparent of the decedent;

29         (f)  A guardian of the person of the decedent at the

30  time of his or her death; or

31  

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 1         (g)  A representative ad litem who shall be appointed

 2  by a court of competent jurisdiction forthwith upon a petition

 3  heard ex parte filed by any person, which representative ad

 4  litem shall ascertain that no person of higher priority exists

 5  who objects to the gift of all or any part of the decedent's

 6  body and that no evidence exists of the decedent's having made

 7  a communication expressing a desire that his or her body or

 8  body parts not be donated upon death;

 9  

10  but no gift shall be made by the spouse if any adult son or

11  daughter objects, and provided that those of higher priority,

12  if they are reasonably available, have been contacted and made

13  aware of the proposed gift, and further provided that a

14  reasonable search is made to show that there would have been

15  no objection on religious grounds by the decedent.

16         Section 4.  Section 765.514, Florida Statutes, is

17  amended to read:

18         765.514  Manner of executing anatomical gifts.--

19         (1)  A gift of all or part of the body under s.

20  765.512(1) may be made by:

21         (a)  A statement or symbol indicating that the donor

22  has made an anatomical gift that he or she has authorized to

23  be imprinted on his or her driver's license or identification

24  card. Revocation, suspension, expiration, or cancellation of a

25  driver's license or identification card upon which an

26  anatomical gift is indicated does not invalidate the gift.

27         (b)  A statement indicating that the donor has made an

28  anatomical gift that he or she has authorized to be included

29  on the donor registry. Individuals may make such an

30  authorization through online access to the donor registry. The

31  Department of Highway Safety and Motor Vehicles shall adopt

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 1  rules to provide for verification of the identity of such

 2  individuals in a manner similar to the verification of

 3  identity for online drivers license renewal.

 4         (c)  A will. The gift becomes effective upon the death

 5  of the testator without waiting for probate. If the will is

 6  not probated or if it is declared invalid for testamentary

 7  purposes, the gift is nevertheless valid to the extent that it

 8  has been acted upon in good faith.

 9         (d)1.(2)(a)  A gift of all or part of the body under s.

10  765.512(1) may also be made by A document other than a will.

11  The gift becomes effective upon the death of the donor. The

12  document must be signed by the donor in the presence of two

13  witnesses who shall sign the document in the donor's presence.

14  If the donor cannot sign, the document may be signed for him

15  or her at the donor's direction and in his or her presence and

16  the presence of two witnesses who must sign the document in

17  the donor's presence. Delivery of the document of gift during

18  the donor's lifetime is not necessary to make the gift valid.

19         2.(b)  The following form of written instrument shall

20  be sufficient for any person to give all or part of his or her

21  body for the purposes of this part:

22  

23                        UNIFORM DONOR CARD

24  

25  The undersigned hereby makes this anatomical gift, if

26  medically acceptable, to take effect on death.  The words and

27  marks below indicate my desires:

28  I give:

29         (a)  .... any needed organs, tissues, or eyes or parts;

30         (b)  .... only the following organs, tissues, or eyes

31         or parts

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 1            [Specify the organ(s), tissues, or eyes or

 2                             part(s)]

 3  for the purpose of transplantation, therapy, medical research,

 4  or education;

 5         (c)  .... my body for anatomical study if needed.

 6         Limitations or special wishes, if any:

 7     ...(If applicable, list specific donee)... [This must be

 8               arranged in advance with the donee.]

 9  

10  Signed by the donor and the following witnesses in the

11  presence of each other:

12  

13  ...(Signature of donor)...      ...(Date of birth of donor)...

14  ...(Date signed)...                     ...(City and State)...

15  

16  ...(Witness)...                                ...(Witness)...

17  ...(Address)...                                ...(Address)...

18  

19         (2)(3)  The gift may be made to a donee specified by

20  name. If the donee is not specified by name, the gift may be

21  accepted by the attending physician as donee upon or following

22  the donor's death. If the gift is made to a specified donee

23  who is not available at the time and place of death, the

24  attending physician may accept the gift as donee upon or

25  following death in the absence of any expressed indication

26  that the donor desired otherwise. However, the Legislature

27  declares that the public policy of this state prohibits

28  restrictions on the possible recipients of an anatomical gift

29  on the basis of race, color, religion, sex, national origin,

30  age, physical handicap, health status, marital status, or

31  economic status, and such restrictions are hereby declared

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 1  void and unenforceable. The physician who becomes a donee

 2  under this subsection shall not participate in the procedures

 3  for removing or transplanting a part.

 4         (3)(4)  Notwithstanding s. 765.517(2), the donor may

 5  designate in his or her will or other document of gift the

 6  surgeon or physician to carry out the appropriate procedures.

 7  In the absence of a designation or if the designee is not

 8  available, the donee or other person authorized to accept the

 9  gift may employ or authorize any surgeon or physician for the

10  purpose.

11         (4)(5)  Any gift by a member of a class designated in

12  s. 765.512(3) must be made by a document signed by that person

13  or made by that person's witnessed telephonic discussion,

14  telegraphic message, or other recorded message.

15         Section 5.  Section 765.515, Florida Statutes, is

16  amended to read:

17         765.515  Delivery of document; organ and tissue donor

18  registry.--

19         (1)  If a gift is made pursuant to through the program

20  established by the Agency for Health Care Administration and

21  the Department of Highway Safety and Motor Vehicles under the

22  authority of s. 765.521, the completed donor registration card

23  shall be delivered to the Department of Highway Safety and

24  Motor Vehicles and processed as provided in a manner specified

25  in subsection (4), but delivery is not necessary to the

26  validity of the gift. If the donor withdraws the gift, the

27  records of the Department of Highway Safety and Motor Vehicles

28  shall be updated to reflect such withdrawal and the department

29  shall communicate the withdrawal to the Florida Coalition on

30  Donation for the purpose of updating the donor registry.

31  

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 1         (2)  If a gift is not made pursuant to through the

 2  program established by the Agency for Health Care

 3  Administration and the Department of Highway Safety and Motor

 4  Vehicles under the authority of s. 765.521 and is made by the

 5  donor to a specified donee, the document, other than a will,

 6  may be delivered to the donee to expedite the appropriate

 7  procedures immediately after death, but delivery is not

 8  necessary to the validity of the gift. Such document may be

 9  deposited in any hospital, bank, storage facility, or registry

10  office that accepts such documents for safekeeping or for

11  facilitation of procedures after death.

12         (3)  On the request of any interested party upon or

13  after the donor's death, the person in possession shall

14  produce the document for examination.

15         (4)(a)  The Florida Coalition on Donation The Agency

16  for Health Care Administration and the Department of Highway

17  Safety and Motor Vehicles shall maintain develop and implement

18  an organ and tissue donor registry that which shall record,

19  through electronic means, organ and tissue donation records

20  documents submitted through the driver license identification

21  program or through by other sources. The registry shall be

22  maintained in a manner that which will allow, through

23  electronic and telephonic methods, immediate access to organ

24  and tissue donation records documents 24 hours a day, 7 days a

25  week. Hospitals, Organ, and tissue, and eye procurement

26  agencies that are certified by the Agency for Health Care

27  Administration to obtain consent for donation and to screen

28  potential organ and tissue donors, the Florida Coalition on

29  Donation, the Department of Highway Safety and Motor Vehicles,

30  and other parties identified by the agency by rule shall be

31  allowed access through coded means to the information stored

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 1  in the registry. Both the coalition and the Department of

 2  Highway Safety and Motor Vehicles shall have administrative

 3  responsibilities for the registry.

 4         (b)  The coalition shall submit an annual written

 5  report to the Legislature that includes all of the following:

 6         1.  The number of donors on the registry.

 7         2.  The changes in the number of donors on the

 8  registry.

 9         3.  The general characteristics of donors as may be

10  determined from registry information submitted directly by the

11  donors or by the Department of Highway Safety and Motor

12  Vehicles.

13         (c)  Upon request by the Department of Highway Safety

14  and Motor Vehicles, the coalition will provide the department

15  with a list of the names of individuals who joined the donor

16  registry online. This list shall be used to confirm that the

17  identities of all such individuals were verified through the

18  process authorized in s. 765.514(1)(b).

19         (d)  The coalition may receive voluntary contributions

20  to support its activities and the registry.

21         (e)1.  Costs for the orderly transition of the organ

22  and tissue donor registry from the Agency for Health Care

23  Administration to the coalition and for the notification of

24  potential donors of the changes to the registration process

25  shall be paid from the Florida Organ and Tissue Donor

26  Education and Procurement Trust Fund created by s. 765.52155.

27         2.  Except as provided in subparagraph 1., costs for

28  maintaining the organ and tissue donor registry shall be paid

29  from funds collected pursuant to ss. 320.08047 and

30  322.08(6)(b) and from any other funds available to the

31  coalition for this purpose. Funds deposited into the Florida

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 1  Organ and Tissue Donor Education and Procurement Trust Fund

 2  shall be utilized by the Agency for Health Care Administration

 3  for maintaining the organ and tissue donor registry and for

 4  organ and tissue donor education.

 5         Section 6.  At the time of implementation of the

 6  amendments concerning the organ and tissue donor registry in

 7  s. 765.515(4), Florida Statutes, made by this act, the Florida

 8  Coalition on Donation shall assume responsibility for all

 9  aspects of the donor registry and the Agency for Health Care

10  Administration shall provide the coalition with the current

11  registry information, including donor registration documents,

12  for all previously registered donors.

13         Section 7.  The organ and tissue donor registry

14  required by this act to be maintained by the Florida Coalition

15  on Donation is designated as the "Joshua Abbott Organ and

16  Tissue Donor Registry."

17         Section 8.  Section 765.515(4)(e)1., Florida Statutes,

18  as amended by this act, shall expire upon completion of the

19  transition of the organ and tissue donor registry from the

20  Agency for Health Care Administration to the Florida Coalition

21  on Donation and the notification of potential donors of the

22  changes to the registration process.

23         Section 9.  Paragraph (e) is added to subsection (1) of

24  section 765.516, Florida Statutes, to read:

25         765.516  Amendment of the terms of or the revocation of

26  the gift.--

27         (1)  A donor may amend the terms of or revoke an

28  anatomical gift by:

29         (e)  Removal of his or her own name from the donor

30  registry.

31  

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 1         Section 10.  Subsection (3) of section 765.517, Florida

 2  Statutes, is amended to read:

 3         765.517  Rights and duties at death.--

 4         (3)  The organ procurement organization, tissue bank,

 5  or eye bank, or hospital medical professionals under the

 6  direction thereof, may perform any and all tests to evaluate

 7  the deceased as a potential donor and any invasive procedures

 8  on the deceased body in order to preserve the potential

 9  donor's organs. These procedures do not include the surgical

10  removal of an organ or penetrating any body cavity,

11  specifically for the purpose of donation, until:

12         (a)  It has been verified that the deceased's consent

13  to donate appears in the donor registry or until a properly

14  executed donor card or document is located; or,

15         (b)  If a properly executed donor card or document

16  cannot be located and the deceased's consent is not listed on

17  the donor registry, until a person specified in s. 765.512(3)

18  has been located, has been notified of the death, and has

19  granted legal permission for the donation.

20         Section 11.  Section 765.5201, Florida Statutes, is

21  created to read:

22         765.5201  Meetings of the Florida Coalition on

23  Donation.--Records and meetings of the Florida Coalition on

24  Donation are open to the public in accordance with s.

25  119.07(1), s. 286.011, and s. 24, Art. I of the State

26  Constitution, unless otherwise made exempt by law.

27         Section 12.  Section 765.521, Florida Statutes, is

28  amended to read:

29         765.521  Donations as part of driver license or

30  identification card process.--

31  

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 1         (1)  The Agency for Health Care Administration and the

 2  Department of Highway Safety and Motor Vehicles and the

 3  Florida Coalition on Donation shall develop and implement a

 4  program encouraging and allowing persons to make anatomical

 5  gifts as a part of the process of issuing identification cards

 6  and issuing and renewing driver licenses. The donor

 7  registration card distributed by the Department of Highway

 8  Safety and Motor Vehicles shall include the material specified

 9  by s. 765.514(1)(d)2.(2)(b) and may require such additional

10  information, and include such additional material, as may be

11  deemed necessary by that department. The Department of Highway

12  Safety and Motor Vehicles shall also develop and implement a

13  program to identify donors, which program shall include

14  notations on identification cards, driver licenses, and driver

15  records or such other methods as the department may develop.

16  This program shall include, after an individual has completed

17  a donor registration card, making a notation on the front of

18  the driver license or identification card that clearly

19  indicates the individual's intent to donate the individual's

20  organs or tissue. A notation on an individual's driver license

21  or identification card that the individual intends to donate

22  organs or tissues is deemed sufficient to satisfy all

23  requirements for consent to organ or tissue donation. The

24  coalition Agency for Health Care Administration shall provide

25  the necessary supplies and forms through funds collected under

26  ss. 320.08047 and 322.08(6)(b) appropriated from general

27  revenue or contributions from interested voluntary, nonprofit

28  organizations. The Department of Highway Safety and Motor

29  Vehicles shall provide the necessary recordkeeping system

30  through funds appropriated from general revenue. The

31  Department of Highway Safety and Motor Vehicles and the

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 1  coalition Agency for Health Care Administration shall incur no

 2  liability in connection with the performance of any acts

 3  authorized herein.

 4         (2)  The Department of Highway Safety and Motor

 5  Vehicles, after consultation with and concurrence by the

 6  Agency for Health Care Administration, shall adopt rules to

 7  implement the provisions of this section pursuant according to

 8  ss. 120.536(1) and 120.54 the provisions of chapter 120.

 9         (3)  Funds expended by the Agency for Health Care

10  Administration to carry out the intent of this section shall

11  not be taken from any funds appropriated for patient care.

12         Section 13.  Section 765.5215, Florida Statutes, is

13  amended to read:

14         765.5215  Education program relating to anatomical

15  gifts.--

16         (1)  The Florida Coalition on Donation has established,

17  and continues to develop, a program to educate the citizens of

18  Florida, including medical professionals, students, and

19  minority communities, regarding the laws of this state

20  relating to anatomical gifts and the need for anatomical

21  gifts. The Agency for Health Care Administration, Subject to

22  the concurrence of the Department of Highway Safety and Motor

23  Vehicles, the coalition shall expand this program by

24  developing develop a continuing program to educate and inform

25  medical professionals, law enforcement agencies and officers,

26  high school children, state and local government employees,

27  including law enforcement agencies and officers, and the

28  public regarding the laws of this state relating to anatomical

29  gifts and the need for anatomical gifts.

30         (2)(1)  The program is to be implemented with the

31  assistance of the organ and tissue donor education panel as

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 1  provided in s. 765.5216 and with the funds collected under ss.

 2  320.08047 and 322.08(6)(b) and any other funds available to

 3  the coalition for the purpose of education. Existing community

 4  resources, when available, must be used to support the

 5  program, and volunteers may assist the program to the maximum

 6  extent possible. The Agency for Health Care Administration may

 7  contract for the provision of all or any portion of the

 8  program. When awarding such contract, the agency shall give

 9  priority to existing nonprofit groups that are located within

10  the community, including within the minority communities

11  specified in subsection (2). The program aimed at educating

12  medical professionals may be implemented by contract with one

13  or more medical schools located in the state.

14         (2)  The Legislature finds that particular difficulties

15  exist in making members of the various minority communities

16  within the state aware of laws relating to anatomical gifts

17  and the need for anatomical gifts. Therefore, the program

18  shall include, as a demonstration project, activities

19  especially targeted at providing such information to the

20  nonwhite, Hispanic, and Caribbean populations of the state.

21         (3)  The coalition Agency for Health Care

22  Administration shall, no later than March 1 of each year,

23  submit a report to the Legislature containing statistical data

24  on the effectiveness of the program in procuring donor organs

25  and the effect of the program on state spending for health

26  care.

27         (4)  The coalition Agency for Health Care

28  Administration, for the sole purpose of furthering in

29  furtherance of its educational responsibilities regarding

30  organ and tissue donation, shall have access to the buildings

31  

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 1  and workplace areas of all state agencies and political

 2  subdivisions of the state.

 3         Section 14.  Section 765.52155, Florida Statutes, is

 4  amended to read:

 5         765.52155  Florida Organ and Tissue Donor Education and

 6  Procurement Trust Fund.--The Florida Organ and Tissue Donor

 7  Education and Procurement Trust Fund is hereby created, to be

 8  administered by the Agency for Health Care Administration.

 9  Funds shall be credited to the trust fund as provided for in

10  general law.

11         Section 15.  Section 765.5216, Florida Statutes, is

12  repealed.

13         Section 16.  Subsections (2), (5), and (6) of section

14  765.522, Florida Statutes, are amended to read:

15         765.522  Duty of certain hospital administrators;

16  liability of hospital administrators, organ procurement

17  organizations, eye banks, and tissue banks.--

18         (2)  Where, based on accepted medical standards, a

19  hospital patient is a suitable candidate for organ or tissue

20  donation, the hospital administrator or the hospital

21  administrator's designee shall, at or near the time of death,

22  notify the appropriate organ, tissue, or eye recovery program,

23  which shall access the organ and tissue donor registry created

24  by s. 765.515(4) to ascertain the existence of a donor card or

25  document executed by the decedent. In the absence of a donor

26  card, organ donation sticker or organ donation imprint on a

27  driver's license, or other properly executed document, the

28  organ, tissue, or eye recovery program hospital administrator

29  or designee shall request:

30         (a)  The patient's health care surrogate, as permitted

31  in s. 765.512(2); or

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 1         (b)  If the patient does not have a surrogate, or the

 2  surrogate is not reasonably available, any of the persons

 3  specified in s. 765.512(3), in the order and manner of

 4  priority stated in s. 765.512(3),

 5  

 6  to consent to the gift of all or any part of the decedent's

 7  body for any purpose specified in this part. Except as

 8  provided in s. 765.512, in the absence of actual notice of

 9  opposition, consent need only be obtained from the person or

10  persons in the highest priority class reasonably available.

11         (5)  There shall be no civil or criminal liability

12  against any organ procurement organization, eye bank, or

13  tissue bank certified under s. 765.542, or against any

14  hospital or hospital administrator or designee, or against the

15  Florida Coalition on Donation, when complying with the

16  provisions of this part and the rules of the Agency for Health

17  Care Administration or when, in the exercise of reasonable

18  care, a request for organ donation is inappropriate and the

19  gift is not made according to this part and the rules of the

20  Agency for Health Care Administration.

21         (6)  The hospital administrator or a designee shall, at

22  or near the time of death of a potential organ donor, directly

23  notify the affiliated Health Care Financing Administration

24  designated organ procurement organization designated as such

25  by the United States Department of Health and Human Services

26  of the potential organ donor. This organ procurement

27  organization must offer any organ from such a donor first to

28  patients on a Florida-based local or state organ sharing

29  transplant list. For the purpose of this subsection, the term

30  "transplant list" includes certain categories of national or

31  regional organ sharing for patients of exceptional need or

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 1  exceptional match, as approved or mandated by the United

 2  Network for Organ Sharing. This notification must not be made

 3  to a tissue bank or eye bank in lieu of the organ procurement

 4  organization unless the tissue bank or eye bank is also a

 5  Health Care Financing Administration designated as an organ

 6  procurement organization by the United States Department of

 7  Health and Human Services.

 8         Section 17.  Section 765.544, Florida Statutes, is

 9  amended to read:

10         765.544  Fees; Florida Organ and Tissue Donor Education

11  and Procurement Trust Fund.--

12         (1)  The Agency for Health Care Administration shall

13  collect an initial application fee of $1,000 from organ

14  procurement organizations and tissue banks and $500 from eye

15  banks.  The fee must be submitted with each application for

16  initial certification and is nonrefundable.

17         (2)  The Agency for Health Care Administration shall

18  assess annual fees to be used, in the following order of

19  priority, for the certification program and, the advisory

20  board, maintenance of the organ and tissue donor registry, and

21  the organ and tissue donor education program in the following

22  amounts, which may not exceed $35,000 per organization:

23         (a)  Each general organ procurement organization shall

24  pay the greater of $1,000 or 0.25 percent of its total

25  revenues produced from procurement activity in this state by

26  the certificateholder during its most recently completed

27  fiscal year or operational year.

28         (b)  Each bone and tissue procurement agency or bone

29  and tissue bank shall pay the greater of $1,000 or 0.25

30  percent of its total revenues from procurement and processing

31  

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 1  activity in this state by the certificateholder during its

 2  most recently completed fiscal year or operational year.

 3         (c)  Each eye bank shall pay the greater of $500 or

 4  0.25 percent of its total revenues produced from procurement

 5  activity in this state by the certificateholder during its

 6  most recently completed fiscal year or operational year.

 7         (3)  The Agency for Health Care Administration shall

 8  provide by rule for administrative penalties for the purpose

 9  of ensuring adherence to the standards of quality and practice

10  required by this chapter and rules of the agency for continued

11  certification.

12         (4)(a)  Proceeds from fees, administrative penalties,

13  and surcharges collected pursuant to subsections (2) and (3)

14  must be deposited into the Florida Organ and Tissue Donor

15  Education and Procurement Trust Fund created by s. 765.52155.

16         (b)  Moneys deposited in the trust fund pursuant to

17  this section must be used exclusively for the implementation,

18  administration, and operation of the certification program and

19  the advisory board, for maintaining the organ and tissue donor

20  registry, and for organ and tissue donor education.

21         (5)  As used in this section, the term "procurement

22  activity in this state" includes the bringing into this state

23  for processing, storage, distribution, or transplantation of

24  organs or tissues that are initially procured in another state

25  or country.

26         Section 18.  In addition to uses of funds provided for

27  in s. 765.544(2) and (4)(b), Florida Statutes, funds governed

28  by those provisions shall be used for the orderly transition

29  of the organ and tissue donor registry from the Agency for

30  Health Care Administration to the Florida Coalition on

31  Donation and notification to potential donors of the changes

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 1  in the registration process. This section shall expire upon

 2  completion of the transition of the organ and tissue donor

 3  registry from the Agency for Health Care Administration to the

 4  Florida Coalition on Donation and the notification of

 5  potential donors of the changes to the registration process.

 6         Section 19.  Paragraph (a) of subsection (4) of section

 7  215.20, Florida Statutes, is amended to read:

 8         215.20  Certain income and certain trust funds to

 9  contribute to the General Revenue Fund.--

10         (4)  The income of a revenue nature deposited in the

11  following described trust funds, by whatever name designated,

12  is that from which the appropriations authorized by subsection

13  (3) shall be made:

14         (a)  Within the Agency for Health Care Administration:

15         1.  The Florida Organ and Tissue Donor Education and

16  Procurement Trust Fund.

17         2.  The Health Care Trust Fund.

18         3.  The Resident Protection Trust Fund.

19  

20  The enumeration of the foregoing moneys or trust funds shall

21  not prohibit the applicability thereto of s. 215.24 should the

22  Governor determine that for the reasons mentioned in s. 215.24

23  the money or trust funds should be exempt herefrom, as it is

24  the purpose of this law to exempt income from its force and

25  effect when, by the operation of this law, federal matching

26  funds or contributions or private grants to any trust fund

27  would be lost to the state.

28         Section 20.  Section 320.08047, Florida Statutes, is

29  amended to read:

30         320.08047  Voluntary contribution for organ and tissue

31  donor education.--As a part of the collection process for

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 1  license taxes as specified in s. 320.08, individuals shall be

 2  permitted to make a voluntary contribution of $1, which

 3  contribution shall be distributed to the Florida Coalition on

 4  Donation deposited into the Florida Organ and Tissue Donor

 5  Education and Procurement Trust Fund for organ and tissue

 6  donor education and for maintaining the organ and tissue donor

 7  registry.

 8         Section 21.  Subsection (6) of section 322.08, Florida

 9  Statutes, is amended to read:

10         322.08  Application for license.--

11         (6)  The application form for a driver's license or

12  duplicate thereof shall include language permitting the

13  following:

14         (a)  A voluntary contribution of $5 per applicant,

15  which contribution shall be transferred into the Election

16  Campaign Financing Trust Fund.

17         (b)  A voluntary contribution of $1 per applicant,

18  which contribution shall be distributed to the Florida

19  Coalition on Donation deposited into the Florida Organ and

20  Tissue Donor Education and Procurement Trust Fund for organ

21  and tissue donor education and for maintaining the organ and

22  tissue donor registry.

23         (c)  A voluntary contribution of $1 per applicant,

24  which contribution shall be distributed to the Florida Council

25  of the Blind.

26         (d)  A voluntary contribution of $2 per applicant,

27  which shall be distributed to the Hearing Research Institute,

28  Incorporated.

29         (e)  A voluntary contribution of $1 per applicant,

30  which shall be distributed to the Juvenile Diabetes Foundation

31  International.

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 1         (f)  A voluntary contribution of $1 per applicant,

 2  which shall be distributed to the Children's Hearing Help

 3  Fund.

 4  

 5  A statement providing an explanation of the purpose of the

 6  trust funds shall also be included. For the purpose of

 7  applying the service charge provided in s. 215.20,

 8  contributions received under paragraphs (b), (c), (d), (e),

 9  and (f) and under s. 322.18(9)(a) are not income of a revenue

10  nature.

11         Section 22.  This act shall take effect July 1, 2007.

12  

13          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
14                         Senate Bill 1350

15                                 

16  The committee substitute designates the organ and tissue donor
    registry maintained by the coalition as the "Joshua Abbott
17  Organ and Tissue Donor Registry." The committee substitute
    also clarifies that all records and meetings of the coalition
18  are open to the public, unless otherwise made exempt by law.

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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