Florida Senate - 2014                                     SB 578
       By Senator Sobel
       33-00525-14                                            2014578__
    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.
   91  28.345.
   93  Charges
   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
  101  circumstances.—
  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
  108  partner.
  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.—
  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
  173  wounds;
  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
  228  child.
  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.—
  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
  264  listed:
  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.
  317  REMAINS.—
  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         741.501Legislative 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
  392  term:
  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.
  402  394.455.
  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         741.503Forms.—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
  425  passport.
  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
  429  residence.
  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
  443  shall:
  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
  459  party.
  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         741.507Fees.—
  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
  501  Partnership.
  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
  526  available.—
  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
  536  original.
  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
  554  that:
  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
  570  notice.
  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
  590  sections.
  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
  605  directive;
  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.