Florida Senate - 2014 SB 578
By Senator Sobel
1 A bill to be entitled
2 An act relating to domestic partners; amending s.
3 28.24, F.S.; requiring the clerk of the circuit court
4 to collect a filing fee for domestic partner
5 registrations; amending s. 382.009, F.S.; requiring
6 notification of a patient’s domestic partner in the
7 event of the brain death of the patient; amending s.
8 394.459, F.S.; requiring a facility providing mental
9 health services to authorize access to a patient by
10 his or her domestic partner; amending s. 400.022,
11 F.S.; requiring that nursing homes allow a domestic
12 partner access to his or her partner who is a resident
13 and requiring that the domestic partner be allowed to
14 meet with the families of other residents; amending s.
15 406.50, F.S.; including a domestic partner as a
16 legally authorized person who may object to the use of
17 unclaimed remains for medical education or research;
18 requiring a person or entity in charge of or in
19 control of the remains to make a reasonable effort to
20 determine the identity of the decedent and contact the
21 decedent’s relatives, including the domestic partner;
22 authorizing a funeral director to assume
23 responsibility as the legally authorized person if
24 there is no relative or domestic partner; amending s.
25 408.051, F.S.; adding “domestic partner” to the
26 definition of the term “patient representative” as it
27 relates to the Florida Electronic Health Records
28 Exchange Act; amending s. 429.28, F.S.; requiring that
29 assisted living facilities allow domestic partners to
30 share a room; amending s. 429.85, F.S.; requiring that
31 adult family-care homes allow domestic partners to
32 share a room; amending s. 446.50, F.S.; providing for
33 deposit of moneys generated from the fee charged for a
34 Declaration of Domestic Partnership into the Displaced
35 Homemaker Trust Fund; amending s. 497.005, F.S.;
36 including a domestic partner as a legally authorized
37 person who may make funeral arrangements for a
38 decedent; amending s. 497.152, F.S.; adding the
39 domestic partner to the list of persons whose written
40 authorization must be obtained prior to the
41 entombment, interment, disinterment, disentombment, or
42 disinurnment of a person’s remains; amending s.
43 741.01, F.S.; requiring that funds generated from the
44 Declaration of Domestic Partnership fee be deposited
45 in and disbursed from the Domestic Violence Trust
46 Fund; creating s. 741.501, F.S.; providing legislative
47 findings; creating s. 741.502, F.S.; providing
48 definitions; creating s. 741.503, F.S.; requiring the
49 Department of Health to adopt forms; creating s.
50 741.504, F.S.; establishing requirements for domestic
51 partnership; providing criminal penalties for
52 providing false information; creating s. 741.505,
53 F.S.; specifying prohibitions to forming domestic
54 partnerships under certain circumstances; creating s.
55 741.506, F.S.; identifying rights afforded to domestic
56 partners; providing for the enforcement of such
57 rights; creating s. 741.507, F.S.; providing fees for
58 establishing and terminating a domestic partnership;
59 creating s. 741.508, F.S.; providing methods to prove
60 the existence of a domestic partnership under certain
61 circumstances; creating s. 741.509, F.S.; providing
62 for termination of a domestic partnership; creating s.
63 741.510; providing that the act does not preempt the
64 authority of a county or municipality to enact a
65 domestic partnership ordinance that does not conflict
66 with the act; amending s. 765.105, F.S.; including a
67 patient’s domestic partner as one of several specified
68 persons who may seek judicial intervention to question
69 the surrogate’s or proxy’s health care decisions;
70 amending s. 765.401, F.S.; providing that a domestic
71 partner may serve as a health care proxy; amending s.
72 765.512, F.S.; providing that the domestic partner may
73 make an anatomical gift on behalf of a decedent;
74 amending s. 765.517; adding a domestic partner to the
75 list of people who may receive the remainder of body
76 parts after an anatomical gift; amending s. 872.04,
77 F.S.; requiring written authorization of a domestic
78 partner to perform an autopsy on his or her deceased
79 partner if no health care surrogate has been
80 designated; providing an effective date.
82 Be It Enacted by the Legislature of the State of Florida:
84 Section 1. Subsection (29) is added to section 28.24,
85 Florida Statutes, to read:
86 28.24 Service charges.—The clerk of the circuit court shall
87 charge for services rendered manually or electronically by the
88 clerk’s office in recording documents and instruments and in
89 performing other specified duties. These charges may not exceed
90 those specified in this section, except as provided in s.
95 (29) Upon receipt of a Declaration of Domestic Partnership,
96 for preparation and administration of oath and for filing and
97 providing a certified copy of the declaration..............30.00
98 Section 2. Subsection (3) of section 382.009, Florida
99 Statutes, is amended to read:
100 382.009 Recognition of brain death under certain
102 (3) The next of kin of the patient, including the domestic
103 partner, shall be notified as soon as practicable of the
104 procedures to determine death under this section. The medical
105 records must
shall reflect such notice; if such notice has not
106 been given, the medical records must shall reflect the attempts
107 to identify and notify the next of kin, including the domestic
109 Section 3. Paragraph (c) of subsection (5) of section
110 394.459, Florida Statutes, is amended to read:
111 394.459 Rights of patients.—
112 (5) COMMUNICATION, ABUSE REPORTING, AND VISITS.—
113 (c) Each facility must permit immediate access to any
114 patient, subject to the patient’s right to deny or withdraw
115 consent at any time, by the patient’s family members, including
116 the patient’s domestic partner, guardian, guardian advocate,
117 representative, Florida statewide or local advocacy council, or
118 attorney, unless such access would be detrimental to the
119 patient. If a patient’s right to communicate or to receive
120 visitors is restricted by the facility, written notice of such
121 restriction and the reasons for the restriction shall be served
122 on the patient, the patient’s attorney, and the patient’s
123 guardian, guardian advocate, or representative; and such
124 restriction shall be recorded on the patient’s clinical record
125 with the reasons therefor. The restriction of a patient’s right
126 to communicate or to receive visitors shall be reviewed at least
127 every 7 days. The right to communicate or receive visitors may
128 shall not be restricted as a means of punishment. Nothing in
129 This paragraph does not shall be construed to limit the
130 provisions of paragraph (d).
131 Section 4. Paragraphs (c) and (e) of subsection (1) of
132 section 400.022, Florida Statutes, are amended to read:
133 400.022 Residents’ rights.—
134 (1) All licensees of nursing home facilities shall adopt
135 and make public a statement of the rights and responsibilities
136 of the residents of such facilities and shall treat such
137 residents in accordance with the provisions of that statement.
138 The statement shall assure each resident the following:
139 (c) An Any entity or individual that provides health,
140 social, legal, or other services to a resident has the right to
141 have reasonable access to the resident. The resident has the
142 right to deny or withdraw consent to access at any time by any
143 entity or individual. Notwithstanding the visiting policy of the
144 facility, the following individuals must be allowed permitted
145 immediate access to the resident:
146 1. A Any representative of the federal or state government,
147 including, but not limited to, representatives of the Department
148 of Children and Families Family Services, the Department of
149 Health, the Agency for Health Care Administration, the Office of
150 the Attorney General, and the Department of Elderly Affairs; a
151 any law enforcement officer; members of the state or local
152 ombudsman council; and the resident’s individual physician.
153 2. Subject to the resident’s right to deny or withdraw
154 consent, immediate family, including the resident’s domestic
155 partner, or other relatives of the resident.
157 The facility shall must allow representatives of the State Long
158 Term Care Ombudsman Council to examine a resident’s clinical
159 records with the permission of the resident or the resident’s
160 legal representative and consistent with state law.
161 (e) The right to organize and participate in resident
162 groups in the facility and the right to have the resident’s
163 family, including the resident’s domestic partner, meet in the
164 facility with the families of other residents.
165 Section 5. Subsections (1), (2), and (3) of section 406.50,
166 Florida Statutes, are amended to read:
167 406.50 Unclaimed remains; disposition, procedure.—
168 (1) A person or entity that comes into possession, charge,
169 or control of unclaimed remains that are required to be buried
170 or cremated at public expense shall immediately notify the
171 anatomical board, unless:
172 (a) The unclaimed remains are decomposed or mutilated by
174 (b) An autopsy is performed on the remains;
175 (c) The remains contain a contagious disease;
176 (d) A legally authorized person, including a domestic
177 partner, objects to use of the remains for medical education or
178 research; or
179 (e) The deceased person was a veteran of the United States
180 Armed Forces, United States Reserve Forces, or National Guard
181 and is eligible for burial in a national cemetery or was the
182 spouse or dependent child of a veteran eligible for burial in a
183 national cemetery.
184 (2) Before the final disposition of unclaimed remains, the
185 person or entity in charge or control of the remains shall make
186 a reasonable effort to:
187 (a) Determine the identity of the deceased person and
188 contact any relatives, including a domestic partner, of the
189 deceased person.
190 (b) Determine whether the deceased person is eligible under
191 38 C.F.R. s. 38.620 for burial in a national cemetery as a
192 veteran of the Armed Forces of the United States and, if
193 eligible, to cause the deceased person’s remains or cremated
194 remains to be delivered to a national cemetery.
196 For purposes of this subsection, “a reasonable effort” includes
197 contacting the National Cemetery Scheduling Office, the county
198 veterans service office, or the regional office of the United
199 States Department of Veterans Affairs.
200 (3) Unclaimed remains shall be delivered to the anatomical
201 board as soon as possible after death. If a relative or a
202 domestic partner does not exist When no family exists or is not
203 available, a funeral director licensed under chapter 497 may
204 assume the responsibility of a legally authorized person and
205 may, after 24 hours or more after have elapsed since the time of
206 death, authorize arterial embalming for the purposes of storage
207 and delivery of unclaimed remains to the anatomical board. A
208 funeral director licensed under chapter 497 is not liable for
209 damages under this subsection.
210 Section 6. Paragraph (g) of subsection (2) of section
211 408.051, Florida Statutes, is amended to read:
212 408.051 Florida Electronic Health Records Exchange Act.—
213 (2) DEFINITIONS.—As used in this section, the term:
214 (g) “Patient representative” means a parent of a minor
215 patient, a court-appointed guardian for the patient, a health
216 care surrogate, or a person holding a power of attorney or
217 notarized consent appropriately executed by the patient granting
218 permission to a health care facility or health care provider to
219 disclose the patient’s health care information to that person.
220 In the case of a deceased patient, the term also means the
221 personal representative of the estate of the deceased patient;
222 the deceased patient’s surviving spouse, surviving domestic
223 partner, surviving parent, or surviving adult child; the parent
224 or guardian of a surviving minor child of the deceased patient;
225 the attorney for the patient’s surviving spouse, surviving
226 domestic partner, surviving parent, or surviving adult child; or
227 the attorney for the parent or guardian of a surviving minor
229 Section 7. Paragraph (g) of subsection (1) of section
230 429.28, Florida Statutes, is amended to read:
231 429.28 Resident bill of rights.—
232 (1) No resident of a facility shall be deprived of any
233 civil or legal rights, benefits, or privileges guaranteed by
234 law, the Constitution of the State of Florida, or the
235 Constitution of the United States as a resident of a facility.
236 Every resident of a facility shall have the right to:
237 (g) Share a room with his or her spouse or domestic partner
238 if both are residents of the facility.
239 Section 8. Paragraph (g) of subsection (1) of section
240 429.85, Florida Statutes, is amended to read:
241 429.85 Residents’ bill of rights.—
242 (1) A resident of an adult family-care home may not be
243 deprived of any civil or legal rights, benefits, or privileges
244 guaranteed by law, the State Constitution, or the Constitution
245 of the United States solely by reason of status as a resident of
246 the home. Each resident has the right to:
247 (g) Share a room with the resident’s spouse or domestic
248 partner if both are residents of the home.
249 Section 9. Paragraph (b) of subsection (5) of section
250 446.50, Florida Statutes, is amended to read:
251 446.50 Displaced homemakers; multiservice programs; report
252 to the Legislature; Displaced Homemaker Trust Fund created.—
253 (5) DISPLACED HOMEMAKER TRUST FUND.—
254 (b) The trust fund shall receive funds generated from the
255 fee charged for each Declaration of Domestic Partnership as
256 specified in s. 741.507 and funds generated from an additional
257 fee on marriage license applications and dissolution of marriage
258 filings as specified in ss. 741.01(3) and 28.101, respectively,
259 and may receive funds from any other public or private source.
260 Section 10. Subsection (39) of section 497.005, Florida
261 Statutes, is amended to read:
262 497.005 Definitions.—As used in this chapter, the term:
263 (39) “Legally authorized person” means, in the priority
265 (a) The decedent, when written inter vivos authorizations
266 and directions are provided by the decedent;
267 (b) The person designated by the decedent as authorized to
268 direct disposition pursuant to Pub. L. No. 109-163, s. 564, as
269 listed on the decedent’s United States Department of Defense
270 Record of Emergency Data, DD Form 93, or its successor form, if
271 the decedent died while serving military service as described in
272 10 U.S.C. s. 1481(a)(1)-(8) in any branch of the United States
273 Armed Forces, United States Reserve Forces, or National Guard;
274 (c) The surviving spouse or domestic partner, unless the
275 spouse or domestic partner has been arrested for committing
276 against the deceased an act of domestic violence as defined in
277 s. 741.28 which that resulted in or contributed to the death of
278 the deceased;
279 (d) A son or daughter who is 18 years of age or older;
280 (e) A parent;
281 (f) A brother or sister who is 18 years of age or older;
282 (g) A grandchild who is 18 years of age or older;
283 (h) A grandparent; or
284 (i) Any person in the next degree of kinship.
286 In addition, the term may include, if there are no existing or
287 available no family members, including a domestic partner member
288 exists or is available, the guardian of the dead person at the
289 time of death; the personal representative of the deceased; the
290 attorney in fact of the dead person at the time of death; the
291 health surrogate of the dead person at the time of death; a
292 public health officer; the medical examiner, county commission,
293 or administrator acting under part II of chapter 406 or other
294 public administrator; a representative of a nursing home or
295 other health care institution in charge of final disposition; or
296 a friend or other person not listed in this subsection who is
297 willing to assume the responsibility as the legally authorized
298 person. If Where there is a person in any priority class listed
299 in this subsection, the funeral establishment shall rely upon
300 the authorization of any one legally authorized person of that
301 class if that person represents that she or he is not aware of
302 any objection to the cremation of the deceased’s human remains
303 by others in the same class of the person making the
304 representation or of any person in a higher priority class.
305 Section 11. Paragraph (e) of subsection (8) of section
306 497.152, Florida Statutes, is amended to read:
307 497.152 Disciplinary grounds.—This section sets forth
308 conduct that is prohibited and that shall constitute grounds for
309 denial of any application, imposition of discipline, or other
310 enforcement action against the licensee or other person
311 committing such conduct. For purposes of this section, the
312 requirements of this chapter include the requirements of rules
313 adopted under authority of this chapter. No subsection heading
314 in this section shall be interpreted as limiting the
315 applicability of any paragraph within the subsection.
316 (8) TRANSPORT, CUSTODY, TREATMENT, OR DISINTERMENT OF HUMAN
318 (e) Failing to obtain written authorization from the family
319 or next of kin of the deceased, including the deceased’s
320 domestic partner, before prior to entombment, interment,
321 disinterment, disentombment, or disinurnment of the remains of
322 any human being.
323 Section 12. Subsection (2) of section 741.01, Florida
324 Statutes, is amended to read:
325 741.01 County court judge or clerk of the circuit court to
326 issue marriage license; fee.—
327 (2) The fee charged for each marriage license issued in the
328 state shall be increased by the sum of $25. This fee shall be
329 collected upon receipt of the application for the issuance of a
330 marriage license and remitted by the clerk to the Department of
331 Revenue for deposit in the Domestic Violence Trust Fund. The
332 Executive Office of the Governor shall establish a Domestic
333 Violence Trust Fund for the purpose of collecting and disbursing
334 funds generated from the increase in the marriage license fee
335 and from the fee charged for each Declaration of Domestic
336 Partnership as specified in s. 741.507. Such funds which are
337 generated shall be appropriated in a “grants-in-aid” category to
338 the Department of Children and Families directed to the
339 Department of Children and Family Services for the specific
340 purpose of funding domestic violence centers , and the funds
341 shall be appropriated in a “grants-in-aid” category to the
342 Department of Children and Family Services for the purpose of
343 funding domestic violence centers. From the proceeds of the
344 surcharge deposited into the Domestic Violence Trust Fund as
345 required under s. 938.08, the Executive Office of the Governor
346 may spend up to $500,000 each year for the purpose of
347 administering a statewide public-awareness campaign regarding
348 domestic violence.
349 Section 13. Section 741.501, Florida Statutes, is created
350 to read:
351 741.501 Legislative findings.—The Legislature finds that:
352 (1) There is a significant number of individuals in this
353 state who live together in personally, emotionally, and
354 economically committed and important relationships who are not
355 married under state law. These familial relationships are often
356 referred to as domestic partnerships. The 2010 census indicates
357 that more than 12 percent of Americans identified themselves as
358 living in a domestic partnership.
359 (2) The state has a strong interest in promoting stable and
360 lasting families and believes that all familial relationships,
361 including domestic partnerships, should be provided with
362 important legal protections.
363 (3) The status of marriage in this state is limited by Art.
364 I of the State Constitution to the union of one man and one
365 woman and the Legislature does not seek to alter the definition
366 of marriage in any way. However, the Legislature also finds that
367 recognition of domestic partnerships can provide an alternative
368 mechanism for extending certain important rights and
369 responsibilities to individuals who choose to form long-term,
370 mutually supportive relationships. Such recognition will provide
371 support to these familial relationships without affecting the
372 definition of marriage, without creating or recognizing a legal
373 relationship that is the substantial equivalent of marriage, and
374 without affecting restrictions contained in federal law. This
375 law does not alter, affect, or contravene any municipal, county,
376 state, or federal law that defines marriage and may not be
377 interpreted as recognizing or treating a domestic partnership as
378 a marriage.
379 (4) Because of the material and other support that domestic
380 partnerships provide to their participants, these relationships
381 should be formally recognized and made uniform by law.
382 Recognition of domestic partnerships will also promote employee
383 recruitment, employee retention, employee loyalty for employers
384 within this state, and economic development by attracting to
385 this state companies that value diversity and protections for
386 their employees. Therefore, the Legislature declares that it is
387 the policy of this state to establish and define the rights and
388 responsibilities of domestic partners.
389 Section 14. Section 741.502, Florida Statutes, is created
390 to read:
391 741.502 Definitions.—As used in ss. 741.501-741.510, the
393 (1) “Correctional facility” means a penal, correctional, or
394 detention facility operated by the state, one or more counties,
395 a municipality, or a private corporation.
396 (2) “Domestic partner” means a person who enters into a
397 domestic partnership.
398 (3) “Domestic partnership” means a civil contract that
399 meets the requirements of s. 741.504.
400 (4) “Health care facility” means a facility licensed under
401 chapter 395, chapter 400, or chapter 429 or defined in s.
403 (5) “Mutual residence” means a residence that is shared,
404 regardless of whether the individuals involved in a domestic
405 partnership have an individual or joint legal right of
406 possession to the property and regardless of whether either
407 resident also resides in another dwelling.
408 Section 15. Section 741.503, Florida Statutes, is created
409 to read:
410 741.503 Forms.—The Department of Health shall prepare and
411 adopt the following forms:
412 (1) Declaration of Domestic Partnership.
413 (2) Certificate of Domestic Partnership.
414 (3) Notice of Termination of Domestic Partnership.
415 (4) Certificate of Termination of Domestic Partnership.
416 Section 16. Section 741.504, Florida Statutes, is created
417 to read:
418 741.504 Domestic partnership requirements.—
419 (1) A domestic partnership may be formed by filing a
420 Declaration of Domestic Partnership form with a clerk of the
421 circuit court in any county. The declaration must include:
422 (a) A statement attesting that each party is 18 years of
423 age or older. The clerk may accept any reasonable proof of an
424 individual’s age, but the clerk shall accept a driver license or
426 (b) A statement attesting that at least one of the parties
427 is a resident of this state.
428 (c) A statement attesting that the parties share a mutual
430 (d) A statement attesting that formation of the domestic
431 partnership is not prohibited under s. 741.505.
432 (e) A mailing address for each party.
433 (f) The notarized signature of each party, along with a
434 declaration that the representations made on the form are true
435 and correct and contain no material omissions of fact to the
436 best knowledge and belief of each party.
437 (2) A person who intentionally provides materially false
438 information on a Declaration of Domestic Partnership form
439 commits a misdemeanor of the first degree, punishable as
440 provided in s. 775.082 or s. 775.083.
441 (3) If the Declaration of Domestic Partnership satisfies
442 the requirements of this section, the clerk of the circuit court
444 (a) Record the Declaration of Domestic Partnership in the
445 official records.
446 (b) Issue a Certificate of Domestic Partnership to the
447 partners in person or at the mailing addresses provided.
448 Section 17. Section 741.505, Florida Statutes, is created
449 to read:
450 741.505 Prohibitions to forming a domestic partnership.—A
451 domestic partnership is prohibited if:
452 (1) Either party is married to a different person and such
453 marriage is recognized by this state.
454 (2) Either party is a party to a domestic partnership with
455 a different domestic partner and such domestic partnership is
456 recognized by this state.
457 (3) The parties are related by lineal consanguinity or are
458 siblings or if one party is the niece or nephew of the other
460 (4) Either party is incapable of making the civil contract
461 or of consenting to the contract for want of legal age or
462 sufficient understanding.
463 (5) Consent by either party to formation of the domestic
464 partnership is obtained by force, fraud, or duress.
465 Section 18. Section 741.506, Florida Statutes, is created
466 to read:
467 741.506 Domestic partnership; rights; enforcement.—
468 (1) A health care facility shall provide a domestic partner
469 with the same right of visitation it provides a spouse.
470 (2) A correctional institution shall grant a domestic
471 partner the same visitation privileges it grants a spouse.
472 (3) A public or private entity that provides notice to a
473 spouse or relative in the event of an emergency shall provide
474 notice to a domestic partner.
475 (4) Domestic partners may jointly own property by tenancy
476 by the entirety, and all legal attributes thereof, as is
477 afforded to spouses.
478 (5) In the absence of a written designation of a health
479 care surrogate, a domestic partner has the same right to serve
480 as proxy, as defined in chapter 765, as a spouse.
481 (6) A decedent’s domestic partner may act as a
482 representative of the decedent and:
483 (a) Direct the disposition of the decedent’s body as
484 provided in chapters 382, 406, 497, 765, and 872;
485 (b) Give or withhold consent for a health care provider to
486 release or access the decedent’s identifiable health record as
487 provided in s. 408.051; and
488 (c) Have the decedent’s records forwarded to the domestic
489 partner as provided in s. 408.810.
490 (7) A violation of this section may be enforced by private
491 cause of action filed in any court of competent jurisdiction for
492 declaratory relief, injunctive relief, or both. The prevailing
493 party is entitled to recover attorney fees.
494 Section 19. Section 741.507, Florida Statutes, is created
495 to read:
496 741.507 Fees.—
497 (1) Upon receipt of a Declaration of Domestic Partnership,
498 the clerk of the circuit court shall collect and receive:
499 (a) A fee of $30 as provided in s. 28.24(29).
500 (b) A fee of $2 for receiving the Declaration of Domestic
502 (c) A fee of $25 to be remitted to the Department of
503 Revenue for deposit into the Domestic Violence Trust Fund.
504 (d) A fee of $25 to be remitted to the Department of
505 Revenue for monthly deposit into the General Revenue Fund.
506 (e) A fee of $7.50 to be remitted to the Department of
507 Revenue for deposit into the Displaced Homemaker Trust Fund.
508 (2) An applicant for a Certificate of Domestic Partnership
509 who cannot pay the fees required under subsection (1) in a lump
510 sum may make payment in not more than three installments over a
511 period of 90 days. The clerk shall accept installment payments
512 upon receipt of an affidavit that the applicant cannot pay the
513 fees in a lump-sum payment. Upon receipt of the third or final
514 installment payment, the Declaration of Domestic Partnership
515 shall be deemed filed, and the clerk shall issue the Certificate
516 of Domestic Partnership and distribute the fees as provided in
517 subsection (1). If the fees are paid in installments, the clerk
518 shall retain $1 from the fee imposed pursuant to paragraph
519 (1)(b) as a processing fee.
520 (3) Upon receipt of a Notice of Termination of Domestic
521 Partnership, the clerk of the circuit court shall collect and
522 receive a fee of $10.
523 Section 20. Section 741.508, Florida Statutes, is created
524 to read:
525 741.508 Proof of domestic partnership if certificate is not
527 (1) If the Certificate of Domestic Partnership is not
528 available, the domestic partnership may be proved by an
529 affidavit before any officer authorized to administer oaths
530 which is made by two competent witnesses who were present and
531 witnessed the Declaration of Domestic Partnership executed.
532 (2) The clerk of the circuit court of the county in which
533 the Declaration of Domestic Partnership originally was executed
534 shall file and record the affidavit and shall issue a new
535 certificate, which has the same force and effect as the
537 (3) For purposes of this section, a Certificate of Domestic
538 Partnership is not available if:
539 (a) A Declaration of Domestic Partnership was executed in
540 accordance with s. 741.504 but was not recorded;
541 (b) The certificate is lost; or
542 (c) The certificate cannot be obtained by reason of death
543 or other cause.
544 Section 21. Section 741.509, Florida Statutes, is created
545 to read:
546 741.509 Termination of partnership.—
547 (1) A party to a domestic partnership may terminate the
548 partnership by filing a Notice of Termination of Domestic
549 Partnership with the clerk of the circuit court and by paying
550 the filing fee established under s. 741.507. The notice must be
551 signed by at least one of the parties and notarized. If the
552 notice is not signed by both parties, the party who seeks
553 termination must also file with the clerk an affidavit stating
555 (a) Notice has been served on the other party in the manner
556 prescribed for the service of summons in a civil action; or
557 (b) The party who seeks termination has not been able to
558 find the other party after reasonable effort and that notice has
559 been made pursuant to s. 50.011 by publication in a newspaper of
560 general circulation in the county in which the domestic partners
561 were last domiciled.
562 (2) The domestic partnership is terminated effective 90
563 days after the date of filing the notice of termination and
564 payment of the filing fee.
565 (3) Upon receipt of a signed, notarized notice of
566 termination, affidavit, if required, and filing fee, the clerk
567 of the circuit court shall file the notice of termination and
568 issue a Certificate of Termination of Domestic Partnership to
569 each party in person or at the mailing address provided on the
571 (4) A domestic partnership is automatically terminated if,
572 subsequent to the registration of the domestic partnership:
573 (a) Either party or both parties enter into a marriage that
574 is recognized as valid in this state, either with each other or
575 with another person; or
576 (b) One party dies, except that the death of a domestic
577 partner does not extinguish the surviving domestic partner’s
578 rights with respect to the medical record of, or information
579 relating to, the decedent and with respect to the disposition of
580 the decedent’s body and the decedent’s funeral arrangements.
581 (5) If a domestic partnership is automatically terminated,
582 at least one party must file a notice of termination with the
583 clerk of the circuit court within 30 days after the event
584 causing the automatic termination.
585 Section 22. Section 741.510, Florida Statutes, is created
586 to read:
587 741.510 Preemption.—Sections 741.501-741.509 do not preempt
588 the authority of a county or municipality to enact a domestic
589 partnership ordinance that is not in conflict with these
591 Section 23. Section 765.105, Florida Statutes, is amended
592 to read:
593 765.105 Review of surrogate or proxy’s decision.—The
594 patient’s family, including the patient’s domestic partner, the
595 health care facility, or the attending physician, or any other
596 interested person who may reasonably be expected to be directly
597 affected by the surrogate or proxy’s decision concerning any
598 health care decision may seek expedited judicial intervention
599 pursuant to rule 5.900 of the Florida Probate Rules, if that
600 person believes:
601 (1) The surrogate or proxy’s decision is not in accord with
602 the patient’s known desires or the provisions of this chapter;
603 (2) The advance directive is ambiguous, or the patient has
604 changed his or her mind after execution of the advance
606 (3) The surrogate or proxy was improperly designated or
607 appointed, or the designation of the surrogate is no longer
608 effective or has been revoked;
609 (4) The surrogate or proxy has failed to discharge duties,
610 or incapacity or illness renders the surrogate or proxy
611 incapable of discharging duties;
612 (5) The surrogate or proxy has abused powers; or
613 (6) The patient has sufficient capacity to make his or her
614 own health care decisions.
615 Section 24. Subsection (1) of section 765.401, Florida
616 Statutes, is amended to read:
617 765.401 The proxy.—
618 (1) If an incapacitated or developmentally disabled patient
619 has not executed an advance directive, or designated a surrogate
620 to execute an advance directive, or the designated or alternate
621 surrogate is no longer available to make health care decisions,
622 health care decisions may be made for the patient by any of the
623 following individuals, in the following order of priority, if no
624 individual in a prior class is reasonably available, willing, or
625 competent to act:
626 (a) The judicially appointed guardian of the patient or the
627 guardian advocate of the person having a developmental
628 disability as defined in s. 393.063, who has been authorized to
629 consent to medical treatment, if such guardian has previously
630 been appointed; however, this paragraph does shall not be
631 construed to require such appointment before a treatment
632 decision can be made under this subsection;
633 (b) The patient’s spouse or domestic partner;
634 (c) An adult child of the patient, or if the patient has
635 more than one adult child, a majority of the adult children who
636 are reasonably available for consultation;
637 (d) A parent of the patient;
638 (e) The adult sibling of the patient or, if the patient has
639 more than one sibling, a majority of the adult siblings who are
640 reasonably available for consultation;
641 (f) An adult relative of the patient who has exhibited
642 special care and concern for the patient and who has maintained
643 regular contact with the patient and who is familiar with the
644 patient’s activities, health, and religious or moral beliefs; or
645 (g) A close friend of the patient; or .
646 (h) A clinical social worker licensed under pursuant to
647 chapter 491, or who is a graduate of a court-approved
648 guardianship program. Such a proxy must be selected by The
649 provider’s bioethics committee shall select such a proxy, who
650 may and must not be employed by the provider. If the provider
651 does not have a bioethics committee, then such a proxy may be
652 chosen through an arrangement with the bioethics committee of
653 another provider. The proxy will be notified that, upon request,
654 the provider shall make available a second physician , not
655 involved in the patient’s care to assist the proxy in evaluating
656 treatment. Decisions to withhold or withdraw life-prolonging
657 procedures will be reviewed by the facility’s bioethics
658 committee. Documentation of efforts to locate proxies from prior
659 classes must be recorded in the patient record.
660 Section 25. Subsections (1) and (3) of section 765.512,
661 Florida Statutes, are amended to read:
662 765.512 Persons who may make an anatomical gift.—
663 (1) Any person who may make a will may make an anatomical
664 gift of his or her body.
665 (a) If the decedent makes an anatomical gift by one of the
666 methods listed in s. 765.514(1), and in the absence of actual
667 notice of contrary indications by the decedent, the document or
668 entry in the donor registry is legally sufficient evidence of
669 the decedent’s informed consent to donate an anatomical gift.
670 (b) An anatomical gift made by a qualified donor and not
671 revoked by the donor, as provided in s. 765.516, is irrevocable
672 after the donor’s death. A family member, including a domestic
673 partner, guardian, representative ad litem, or health care
674 surrogate may not modify, deny, or prevent a donor’s wish or
675 intent to make an anatomical gift after the donor’s death.
676 (3) If the decedent has not made an anatomical gift or
677 designated a health surrogate, a member of one of the classes of
678 persons listed in this subsection below, in the order of
679 priority listed and in the absence of actual notice of contrary
680 indications by the decedent or actual notice of opposition by a
681 member of a prior class, may give all or any part of the
682 decedent’s body for any purpose specified in s. 765.513:
683 (a) The spouse or domestic partner of the decedent;
684 (b) An adult son or daughter of the decedent;
685 (c) Either parent of the decedent;
686 (d) An adult brother or sister of the decedent;
687 (e) An adult grandchild of the decedent;
688 (f) A grandparent of the decedent;
689 (g) A close personal friend, as defined in s. 765.101;
690 (h) A guardian of the person of the decedent at the time of
691 his or her death; or
692 (i) A representative ad litem appointed by a court of
693 competent jurisdiction upon a petition heard ex parte filed by
694 any person, who shall ascertain that no person of higher
695 priority exists who objects to the gift of all or any part of
696 the decedent’s body and that no evidence exists of the
697 decedent’s having made a communication expressing a desire that
698 his or her body or body parts not be donated upon death.
700 Those of higher priority who are reasonably available must be
701 contacted and made aware of the proposed gift and a reasonable
702 search must be conducted which shows that there would have been
703 no objection to the gift by the decedent.
704 Section 26. Subsection (1) of section 765.517, Florida
705 Statutes, is amended to read:
706 765.517 Rights and duties at death.—
707 (1) The donee, pursuant to s. 765.515(2), may accept or
708 reject an anatomical gift. If the donee accepts a gift to be
709 used for research or education purposes, the donee may authorize
710 embalming and the use of the body in funeral services, subject
711 to the terms of the gift. If the gift is of a part of the body,
712 the donee shall cause the part to be removed without unnecessary
713 mutilation upon the death of the donor and before or after
714 embalming. After removal of the body part, custody of the
715 remainder of the body vests in the surviving spouse, domestic
716 partner, next of kin, or other persons under obligation to
717 dispose of the body.
718 Section 27. Subsection (2) of section 872.04, Florida
719 Statutes, is amended to read:
720 872.04 Autopsies; consent required, exception.—
721 (2) Unless otherwise authorized by statute, an no autopsy
722 may not shall be performed without the written consent of by the
723 health care surrogate, as provided in s. 765.202, if one has
724 been designated. If a health care surrogate has not been
725 designated, then written consent may be provided by the spouse,
726 domestic partner, nearest relative, or, if no such next of kin
727 can be found, the person who has assumed custody of the body for
728 purposes of burial may provide written consent. When two or more
729 persons assume custody of the body for such purposes, then the
730 consent of any one of them is shall be sufficient to authorize
731 the autopsy.
732 Section 28. This act shall take effect July 1, 2014.