Florida Senate - 2016                                    SB 1666
       
       
        
       By Senator Sobel
       
       33-00404A-16                                          20161666__
    1                        A bill to be entitled                      
    2         An act relating to domestic partnerships; 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 allow a patient to have access to
   10         his or her domestic partner; amending s. 400.022,
   11         F.S.; requiring a nursing home to allow a resident to
   12         have access to his or her domestic partner; requiring
   13         that the domestic partner be allowed to meet with the
   14         families of other residents; amending s. 406.50, F.S.;
   15         including a domestic partner as a legally authorized
   16         person who may object to the use of unclaimed remains
   17         of a deceased person for medical education or
   18         research; requiring a person or entity in charge of or
   19         in control of the remains of a deceased person to make
   20         a reasonable effort to determine the identity of the
   21         decedent and contact the decedent’s relatives,
   22         including the domestic partner; authorizing a funeral
   23         director to assume responsibility as the legally
   24         authorized person if there is no relative or domestic
   25         partner; amending s. 408.051, F.S.; adding “domestic
   26         partner” to the definition of the term “patient
   27         representative” as it relates to the Florida
   28         Electronic Health Records Exchange Act; amending s.
   29         429.28, F.S.; requiring assisted living facilities to
   30         allow domestic partners to share a room; amending s.
   31         429.85, F.S.; requiring adult family-care homes to
   32         allow domestic partners to share a room; amending s.
   33         446.50, F.S.; providing for deposit of moneys
   34         generated from the fee charged for a Declaration of
   35         Domestic Partnership into the Displaced Homemaker
   36         Trust Fund; amending s. 497.005, F.S.; including a
   37         domestic partner as a legally authorized person who
   38         may make funeral arrangements for a decedent; amending
   39         s. 497.152, F.S.; adding the domestic partner to the
   40         list of persons whose written authorization must be
   41         obtained prior to the entombment, interment,
   42         disinterment, disentombment, or disinurnment of a
   43         person’s remains; amending s. 741.01, F.S.; requiring
   44         that funds generated from the Declaration of Domestic
   45         Partnership fee be deposited in and disbursed from the
   46         Domestic Violence Trust Fund; creating s. 741.501,
   47         F.S.; providing legislative findings; creating s.
   48         741.502, F.S.; providing definitions; creating s.
   49         741.503, F.S.; requiring the Department of Health to
   50         adopt forms; creating s. 741.504, F.S.; establishing
   51         requirements for domestic partnership; providing
   52         criminal penalties for providing false information;
   53         creating s. 741.505, F.S.; specifying prohibitions to
   54         forming domestic partnerships under certain
   55         circumstances; creating s. 741.506, F.S.; identifying
   56         rights afforded to domestic partners; providing for
   57         the enforcement of such rights; creating s. 741.507,
   58         F.S.; providing fees for establishing and terminating
   59         a domestic partnership; creating s. 741.508, F.S.;
   60         providing methods to prove the existence of a domestic
   61         partnership under certain circumstances; creating s.
   62         741.509, F.S.; providing for termination of a domestic
   63         partnership; creating s. 741.510, F.S.; providing that
   64         the act does not preempt the authority of a county or
   65         municipality to enact a domestic partnership ordinance
   66         that does not conflict with the act; amending s.
   67         765.105, F.S.; including a patient’s domestic partner
   68         as one of several specified persons who may seek
   69         judicial intervention to question the surrogate’s or
   70         proxy’s health care decisions; amending s. 765.401,
   71         F.S.; providing that a domestic partner may serve as a
   72         health care proxy; amending s. 765.512, F.S.;
   73         providing that the domestic partner may make an
   74         anatomical gift on behalf of a decedent; amending s.
   75         765.517, F.S.; adding a domestic partner to the list
   76         of people who may receive the remainder of body parts
   77         after an anatomical gift; amending s. 768.18, F.S.;
   78         revising the definition of the term “survivors” to
   79         include domestic partners; amending s. 872.04, F.S.;
   80         requiring written authorization of a domestic partner
   81         to perform an autopsy on his or her deceased partner
   82         if no health care surrogate has been designated;
   83         providing an effective date.
   84          
   85  Be It Enacted by the Legislature of the State of Florida:
   86  
   87         Section 1. Subsection (29) is added to section 28.24,
   88  Florida Statutes, to read:
   89         28.24 Service charges.—The clerk of the circuit court shall
   90  charge for services rendered manually or electronically by the
   91  clerk’s office in recording documents and instruments and in
   92  performing other specified duties. These charges may not exceed
   93  those specified in this section, except as provided in s.
   94  28.345.
   95  
   96  Charges
   97  
   98         (29) Upon receipt of a Declaration of Domestic Partnership,
   99  for preparing and administering of oath; issuing of the
  100  Certificate of Domestic Partnership and sealing and recording of
  101  the declaration; and providing a certified copy of the
  102  certificate. . . . . . . . . . . . . . . . . . . . . . . .30.00
  103         Section 2. Subsection (3) of section 382.009, Florida
  104  Statutes, is amended to read:
  105         382.009 Recognition of brain death under certain
  106  circumstances.—
  107         (3) The next of kin of the patient, including the domestic
  108  partner, shall be notified as soon as practicable of the
  109  procedures to determine death under this section. The medical
  110  records must shall reflect such notice; if such notice has not
  111  been given, the medical records must shall reflect the attempts
  112  to identify and notify the next of kin, including the domestic
  113  partner.
  114         Section 3. Paragraph (c) of subsection (5) of section
  115  394.459, Florida Statutes, is amended to read:
  116         394.459 Rights of patients.—
  117         (5) COMMUNICATION, ABUSE REPORTING, AND VISITS.—
  118         (c) Each facility must permit immediate access to any
  119  patient, subject to the patient’s right to deny or withdraw
  120  consent at any time, by the patient’s family members, including
  121  the patient’s domestic partner, guardian, guardian advocate,
  122  representative, Florida statewide or local advocacy council, or
  123  attorney, unless such access would be detrimental to the
  124  patient. If a patient’s right to communicate or to receive
  125  visitors is restricted by the facility, written notice of such
  126  restriction and the reasons for the restriction shall be served
  127  on the patient, the patient’s attorney, and the patient’s
  128  guardian, guardian advocate, or representative; and such
  129  restriction shall be recorded on the patient’s clinical record
  130  with the reasons therefor. The restriction of a patient’s right
  131  to communicate or to receive visitors shall be reviewed at least
  132  every 7 days. The right to communicate or receive visitors may
  133  shall not be restricted as a means of punishment. Nothing in
  134  This paragraph does not shall be construed to limit the
  135  provisions of paragraph (d).
  136         Section 4. Paragraphs (c) and (e) of subsection (1) of
  137  section 400.022, Florida Statutes, are amended to read:
  138         400.022 Residents’ rights.—
  139         (1) All licensees of nursing home facilities shall adopt
  140  and make public a statement of the rights and responsibilities
  141  of the residents of such facilities and shall treat such
  142  residents in accordance with the provisions of that statement.
  143  The statement shall assure each resident the following:
  144         (c) An Any entity or individual that provides health,
  145  social, legal, or other services to a resident has the right to
  146  have reasonable access to the resident. The resident has the
  147  right to deny or withdraw consent to access at any time by any
  148  entity or individual. Notwithstanding the visiting policy of the
  149  facility, the following individuals must be allowed permitted
  150  immediate access to the resident:
  151         1. A Any representative of the federal or state government,
  152  including, but not limited to, representatives of the Department
  153  of Children and Families, the Department of Health, the Agency
  154  for Health Care Administration, the Office of the Attorney
  155  General, and the Department of Elderly Affairs; a any law
  156  enforcement officer; a any representative of the State Long-Term
  157  Care Ombudsman Program; and the resident’s individual physician.
  158         2. Subject to the resident’s right to deny or withdraw
  159  consent, immediate family, including the resident’s domestic
  160  partner, or other relatives of the resident.
  161  
  162  The facility shall must allow representatives of the State Long
  163  Term Care Ombudsman Program to examine a resident’s clinical
  164  records with the permission of the resident or the resident’s
  165  legal representative and consistent with state law.
  166         (e) The right to organize and participate in resident
  167  groups in the facility and the right to have the resident’s
  168  family, including the resident’s domestic partner, meet in the
  169  facility with the families of other residents.
  170         Section 5. Subsections (1), (2), and (3) of section 406.50,
  171  Florida Statutes, are amended to read:
  172         406.50 Unclaimed remains; disposition, procedure.—
  173         (1) A person or entity that comes into possession, charge,
  174  or control of unclaimed remains that are required to be buried
  175  or cremated at public expense shall immediately notify the
  176  anatomical board, unless:
  177         (a) The unclaimed remains are decomposed or mutilated by
  178  wounds;
  179         (b) An autopsy is performed on the remains;
  180         (c) The remains contain a contagious disease;
  181         (d) A legally authorized person, including a domestic
  182  partner, objects to use of the remains for medical education or
  183  research; or
  184         (e) The deceased person was a veteran of the United States
  185  Armed Forces, United States Reserve Forces, or National Guard
  186  and is eligible for burial in a national cemetery or was the
  187  spouse or dependent child of a veteran eligible for burial in a
  188  national cemetery.
  189         (2) Before the final disposition of unclaimed remains, the
  190  person or entity in charge or control of the remains shall make
  191  a reasonable effort to:
  192         (a) Determine the identity of the deceased person and
  193  contact any relatives, including a domestic partner, of the
  194  deceased person.
  195         (b) Determine whether the deceased person is eligible under
  196  38 C.F.R. s. 38.620 for burial in a national cemetery as a
  197  veteran of the United States Armed Forces and, if eligible, to
  198  cause the deceased person’s remains or cremated remains to be
  199  delivered to a national cemetery.
  200  
  201  For purposes of this subsection, “a reasonable effort” includes
  202  contacting the National Cemetery Scheduling Office, the county
  203  veterans service office, or the regional office of the United
  204  States Department of Veterans Affairs.
  205         (3) Unclaimed remains shall be delivered to the anatomical
  206  board as soon as possible after death. If a relative or a
  207  domestic partner does not exist When no family exists or is not
  208  available, a funeral director licensed under chapter 497 may
  209  assume the responsibility of a legally authorized person and
  210  may, after 24 hours or more after have elapsed since the time of
  211  death, authorize arterial embalming for the purposes of storage
  212  and delivery of unclaimed remains to the anatomical board. A
  213  funeral director licensed under chapter 497 is not liable for
  214  damages under this subsection.
  215         Section 6. Paragraph (g) of subsection (2) of section
  216  408.051, Florida Statutes, is amended to read:
  217         408.051 Florida Electronic Health Records Exchange Act.—
  218         (2) DEFINITIONS.—As used in this section, the term:
  219         (g) “Patient representative” means a parent of a minor
  220  patient, a court-appointed guardian for the patient, a health
  221  care surrogate, or a person holding a power of attorney or
  222  notarized consent appropriately executed by the patient granting
  223  permission to a health care facility or health care provider to
  224  disclose the patient’s health care information to that person.
  225  In the case of a deceased patient, the term also means the
  226  personal representative of the estate of the deceased patient;
  227  the deceased patient’s surviving spouse, surviving domestic
  228  partner, surviving parent, or surviving adult child; the parent
  229  or guardian of a surviving minor child of the deceased patient;
  230  the attorney for the patient’s surviving spouse, surviving
  231  domestic partner, surviving parent, or surviving adult child; or
  232  the attorney for the parent or guardian of a surviving minor
  233  child.
  234         Section 7. Paragraph (g) of subsection (1) of section
  235  429.28, Florida Statutes, is amended to read:
  236         429.28 Resident bill of rights.—
  237         (1) No resident of a facility shall be deprived of any
  238  civil or legal rights, benefits, or privileges guaranteed by
  239  law, the Constitution of the State of Florida, or the
  240  Constitution of the United States as a resident of a facility.
  241  Every resident of a facility shall have the right to:
  242         (g) Share a room with his or her spouse or domestic partner
  243  if both are residents of the facility.
  244         Section 8. Paragraph (g) of subsection (1) of section
  245  429.85, Florida Statutes, is amended to read:
  246         429.85 Residents’ bill of rights.—
  247         (1) A resident of an adult family-care home may not be
  248  deprived of any civil or legal rights, benefits, or privileges
  249  guaranteed by law, the State Constitution, or the Constitution
  250  of the United States solely by reason of status as a resident of
  251  the home. Each resident has the right to:
  252         (g) Share a room with the resident’s spouse or domestic
  253  partner if both are residents of the home.
  254         Section 9. Paragraph (b) of subsection (5) of section
  255  446.50, Florida Statutes, is amended to read:
  256         446.50 Displaced homemakers; multiservice programs; report
  257  to the Legislature; Displaced Homemaker Trust Fund created.—
  258         (5) DISPLACED HOMEMAKER TRUST FUND.—
  259         (b) The trust fund shall receive funds generated from the
  260  fee charged for each Declaration of Domestic Partnership as
  261  specified in s. 741.507 and funds generated from an additional
  262  fee on marriage license applications and dissolution of marriage
  263  filings as specified in ss. 741.01(3) and 28.101, respectively,
  264  and may receive funds from any other public or private source.
  265         Section 10. Subsection (39) of section 497.005, Florida
  266  Statutes, is amended to read:
  267         497.005 Definitions.—As used in this chapter, the term:
  268         (39) “Legally authorized person” means, in the priority
  269  listed:
  270         (a) The decedent, when written inter vivos authorizations
  271  and directions are provided by the decedent;
  272         (b) The person designated by the decedent as authorized to
  273  direct disposition pursuant to Pub. L. No. 109-163, s. 564, as
  274  listed on the decedent’s United States Department of Defense
  275  Record of Emergency Data, DD Form 93, or its successor form, if
  276  the decedent died while in military service as described in 10
  277  U.S.C. s. 1481(a)(1)-(8) in any branch of the United States
  278  Armed Forces, United States Reserve Forces, or National Guard;
  279         (c) The surviving spouse or domestic partner, unless the
  280  spouse or domestic partner has been arrested for committing
  281  against the deceased an act of domestic violence as defined in
  282  s. 741.28 which that resulted in or contributed to the death of
  283  the deceased;
  284         (d) A son or daughter who is 18 years of age or older;
  285         (e) A parent;
  286         (f) A brother or sister who is 18 years of age or older;
  287         (g) A grandchild who is 18 years of age or older;
  288         (h) A grandparent; or
  289         (i) Any person in the next degree of kinship.
  290  
  291  In addition, the term may include, if there are no existing or
  292  available no family members, including a domestic partner member
  293  exists or is available, the guardian of the dead person at the
  294  time of death; the personal representative of the deceased; the
  295  attorney in fact of the dead person at the time of death; the
  296  health surrogate of the dead person at the time of death; a
  297  public health officer; the medical examiner, county commission,
  298  or administrator acting under part II of chapter 406 or other
  299  public administrator; a representative of a nursing home or
  300  other health care institution in charge of final disposition; or
  301  a friend or other person not listed in this subsection who is
  302  willing to assume the responsibility as the legally authorized
  303  person. If Where there is a person in any priority class listed
  304  in this subsection, the funeral establishment shall rely upon
  305  the authorization of any one legally authorized person of that
  306  class if that person represents that she or he is not aware of
  307  any objection to the cremation of the deceased’s human remains
  308  by others in the same class of the person making the
  309  representation or of any person in a higher priority class.
  310         Section 11. Paragraph (e) of subsection (8) of section
  311  497.152, Florida Statutes, is amended to read:
  312         497.152 Disciplinary grounds.—This section sets forth
  313  conduct that is prohibited and that shall constitute grounds for
  314  denial of any application, imposition of discipline, or other
  315  enforcement action against the licensee or other person
  316  committing such conduct. For purposes of this section, the
  317  requirements of this chapter include the requirements of rules
  318  adopted under authority of this chapter. No subsection heading
  319  in this section shall be interpreted as limiting the
  320  applicability of any paragraph within the subsection.
  321         (8) TRANSPORT, CUSTODY, TREATMENT, OR DISINTERMENT OF HUMAN
  322  REMAINS.—
  323         (e) Failing to obtain written authorization from the family
  324  or next of kin of the deceased, including the deceased’s
  325  domestic partner, before prior to entombment, interment,
  326  disinterment, disentombment, or disinurnment of the remains of
  327  any human being.
  328         Section 12. Subsection (2) of section 741.01, Florida
  329  Statutes, is amended to read:
  330         741.01 County court judge or clerk of the circuit court to
  331  issue marriage license; fee.—
  332         (2) The fee charged for each marriage license issued in the
  333  state shall be increased by the sum of $25. This fee shall be
  334  collected upon receipt of the application for the issuance of a
  335  marriage license and remitted by the clerk to the Department of
  336  Revenue for deposit in the Domestic Violence Trust Fund. The
  337  Executive Office of the Governor shall establish a Domestic
  338  Violence Trust Fund for the purpose of collecting and disbursing
  339  funds generated from the increase in the marriage license fee
  340  and from the fee charged for each Declaration of Domestic
  341  Partnership as specified in s. 741.507. Such funds which are
  342  generated shall be appropriated in a “grants-in-aid” category to
  343  the Department of Children and Families directed to the
  344  Department of Children and Families for the specific purpose of
  345  funding domestic violence centers, and the funds shall be
  346  appropriated in a “grants-in-aid” category to the Department of
  347  Children and Families for the purpose of funding domestic
  348  violence centers. From the proceeds of the surcharge deposited
  349  into the Domestic Violence Trust Fund as required under s.
  350  938.08, the Executive Office of the Governor may spend up to
  351  $500,000 each year for the purpose of administering a statewide
  352  public-awareness campaign regarding domestic violence.
  353         Section 13. Section 741.501, Florida Statutes, is created
  354  to read:
  355         741.501Legislative findings.—The Legislature finds that:
  356         (1)There are a significant number of individuals in this
  357  state who live together in personally, emotionally, and
  358  economically committed and important relationships who are not
  359  married under state law. These familial relationships are often
  360  referred to as domestic partnerships. The 2010 census indicates
  361  that more than 12 percent of Americans identified themselves as
  362  living in a domestic partnership.
  363         (2)This law does not alter, affect, or contravene any
  364  municipal, county, state, or federal law that defines marriage
  365  and may not be interpreted as recognizing or treating a domestic
  366  partnership as a marriage.
  367         (3)Because of the material and other support that domestic
  368  partnerships provide to their participants, these relationships
  369  should be formally recognized and made uniform by law.
  370  Recognition of domestic partnerships will also promote employee
  371  recruitment, employee retention, employee loyalty for employers
  372  within this state, and economic development by attracting to
  373  this state companies that value diversity and protections for
  374  their employees. Therefore, the Legislature declares that it is
  375  the policy of this state to establish and define the rights and
  376  responsibilities of domestic partners.
  377         Section 14. Section 741.502, Florida Statutes, is created
  378  to read:
  379         741.502Definitions.—As used in ss. 741.501-741.510, the
  380  term:
  381         (1)“Correctional facility” means a penal, correctional, or
  382  detention facility operated by the state, one or more counties,
  383  a municipality, or a private corporation.
  384         (2)“Domestic partner” means a person who enters into a
  385  domestic partnership.
  386         (3)“Domestic partnership” means a civil contract that
  387  meets the requirements of s. 741.504.
  388         (4)“Health care facility” means a facility licensed under
  389  chapter 395, chapter 400, or chapter 429 or defined in s.
  390  394.455.
  391         (5)“Mutual residence” means a residence that is shared,
  392  regardless of whether the individuals involved in a domestic
  393  partnership have an individual or joint legal right of
  394  possession to the property and regardless of whether either
  395  resident also resides in another dwelling.
  396         Section 15. Section 741.503, Florida Statutes, is created
  397  to read:
  398         741.503Forms.—The Department of Health shall prepare and
  399  adopt the following forms:
  400         (1)Declaration of Domestic Partnership.
  401         (2)Certificate of Domestic Partnership.
  402         (3)Notice of Termination of Domestic Partnership.
  403         (4)Certificate of Termination of Domestic Partnership.
  404         Section 16. Section 741.504, Florida Statutes, is created
  405  to read:
  406         741.504Domestic partnership requirements.—
  407         (1)A domestic partnership may be formed by filing a
  408  Declaration of Domestic Partnership form with a clerk of the
  409  circuit court in any county. The declaration must include:
  410         (a)A statement attesting that each party is 18 years of
  411  age or older. The clerk may accept any reasonable proof of an
  412  individual’s age, but the clerk shall accept a driver license or
  413  passport.
  414         (b)A statement attesting that at least one of the parties
  415  is a resident of this state.
  416         (c)A statement attesting that the parties share a mutual
  417  residence.
  418         (d)A statement attesting that formation of the domestic
  419  partnership is not prohibited under s. 741.505.
  420         (e)A mailing address for each party.
  421         (f)The notarized signature of each party, along with a
  422  declaration that the representations made on the form are true
  423  and correct and contain no material omissions of fact to the
  424  best knowledge and belief of each party.
  425         (2)A person who intentionally provides materially false
  426  information on a Declaration of Domestic Partnership form
  427  commits a misdemeanor of the first degree, punishable as
  428  provided in s. 775.082 or s. 775.083.
  429         (3)If the Declaration of Domestic Partnership satisfies
  430  the requirements of this section, the clerk of the circuit court
  431  shall:
  432         (a)Record the Declaration of Domestic Partnership in the
  433  official records.
  434         (b)Issue a Certificate of Domestic Partnership to the
  435  partners in person or at the mailing addresses provided.
  436         Section 17. Section 741.505, Florida Statutes, is created
  437  to read:
  438         741.505Prohibitions to forming a domestic partnership.—A
  439  domestic partnership is prohibited if:
  440         (1)Either party is married to a different person.
  441         (2)Either party is a party to a domestic partnership with
  442  a different domestic partner and such domestic partnership is
  443  recognized by this state.
  444         (3)The parties are related by lineal consanguinity or are
  445  siblings or if one party is the niece or nephew of the other
  446  party.
  447         (4)Either party is incapable of making the civil contract
  448  or of consenting to the contract for want of legal age or
  449  sufficient understanding.
  450         (5)Consent by either party to formation of the domestic
  451  partnership is obtained by force, fraud, or duress.
  452         Section 18. Section 741.506, Florida Statutes, is created
  453  to read:
  454         741.506Domestic partnership; rights; enforcement.—
  455         (1)A health care facility shall provide a domestic partner
  456  with the same right of visitation it provides a spouse.
  457         (2)A correctional institution shall grant a domestic
  458  partner the same visitation privileges it grants a spouse.
  459         (3)A public or private entity that provides notice to a
  460  spouse or relative in the event of an emergency shall provide
  461  notice to a domestic partner.
  462         (4)Domestic partners may jointly own property by tenancy
  463  by the entirety, and all legal attributes thereof, as is
  464  afforded to spouses.
  465         (5)In the absence of a written designation of a health
  466  care surrogate, a domestic partner has the same right to serve
  467  as proxy, as defined in chapter 765, as a spouse.
  468         (6)A decedent’s domestic partner may act as a
  469  representative of the decedent and:
  470         (a)Direct the disposition of the decedent’s body as
  471  provided in chapters 382, 406, 497, 765, and 872;
  472         (b)Give or withhold consent for a health care provider to
  473  release or access the decedent’s identifiable health record as
  474  provided in s. 408.051; and
  475         (c)Have the decedent’s records forwarded to the domestic
  476  partner as provided in s. 408.810.
  477         (7)A violation of this section may be enforced by private
  478  cause of action filed in any court of competent jurisdiction for
  479  declaratory relief, injunctive relief, or both. The prevailing
  480  party is entitled to recover attorney fees.
  481         Section 19. Section 741.507, Florida Statutes, is created
  482  to read:
  483         741.507Fees.—
  484         (1)Upon receipt of a Declaration of Domestic Partnership,
  485  the clerk of the circuit court shall collect and receive:
  486         (a)A fee of $30 as provided in s. 28.24(29).
  487         (b)A fee of $2 for receiving the Declaration of Domestic
  488  Partnership.
  489         (c)A fee of $25 to be remitted to the Department of
  490  Revenue for deposit into the Domestic Violence Trust Fund.
  491         (d)A fee of $25 to be remitted to the Department of
  492  Revenue for monthly deposit into the General Revenue Fund.
  493         (e)A fee of $7.50 to be remitted to the Department of
  494  Revenue for deposit into the Displaced Homemaker Trust Fund.
  495         (2)An applicant for a Certificate of Domestic Partnership
  496  who cannot pay the fees required under subsection (1) in a lump
  497  sum may make payments in not more than three installments over a
  498  period of 90 days. The clerk shall accept installment payments
  499  upon receipt of an affidavit that the applicant cannot pay the
  500  fees in a lump-sum payment. Upon receipt of the third or final
  501  installment payment, the Declaration of Domestic Partnership
  502  shall be deemed filed, and the clerk shall issue the Certificate
  503  of Domestic Partnership and distribute the fees as provided in
  504  subsection (1). If the fees are paid in installments, the clerk
  505  must retain $1 from the fee imposed pursuant to paragraph (1)(b)
  506  as a processing fee.
  507         (3)Upon receipt of a Notice of Termination of Domestic
  508  Partnership, the clerk of the circuit court shall collect and
  509  receive a fee of $10.
  510         Section 20. Section 741.508, Florida Statutes, is created
  511  to read:
  512         741.508Proof of domestic partnership if certificate is not
  513  available.—
  514         (1)If the Certificate of Domestic Partnership is not
  515  available, the domestic partnership may be proved by an
  516  affidavit before any officer authorized to administer oaths
  517  which is made by two competent witnesses who were present and
  518  witnessed the Declaration of Domestic Partnership executed.
  519         (2)The clerk of the circuit court of the county in which
  520  the Declaration of Domestic Partnership originally was executed
  521  shall file and record the affidavit and shall issue a new
  522  certificate, which has the same force and effect as the
  523  original.
  524         (3)For purposes of this section, a Certificate of Domestic
  525  Partnership is not available if:
  526         (a)A Declaration of Domestic Partnership was executed in
  527  accordance with s. 741.504 but was not recorded;
  528         (b)The certificate is lost; or
  529         (c)The certificate cannot be obtained by reason of death
  530  or other cause.
  531         Section 21. Section 741.509, Florida Statutes, is created
  532  to read:
  533         741.509Termination of partnership.—
  534         (1)A party to a domestic partnership may terminate the
  535  partnership by filing a Notice of Termination of Domestic
  536  Partnership with the clerk of the circuit court and by paying
  537  the filing fee established under s. 741.507. The notice must be
  538  signed by at least one of the parties and notarized. If the
  539  notice is not signed by both parties, the party who seeks
  540  termination must also file with the clerk an affidavit stating
  541  that:
  542         (a)Notice has been served on the other party in the manner
  543  prescribed for the service of summons in a civil action; or
  544         (b)The party who seeks termination has not been able to
  545  find the other party after reasonable effort and that notice has
  546  been made pursuant to s. 50.011 by publication in a newspaper of
  547  general circulation in the county in which the domestic partners
  548  were last domiciled.
  549         (2)The domestic partnership is terminated effective 90
  550  days after the date of filing the notice of termination and
  551  payment of the filing fee.
  552         (3)Upon receipt of a signed, notarized notice of
  553  termination, affidavit, if required, and filing fee, the clerk
  554  of the circuit court shall file the notice of termination and
  555  issue a Certificate of Termination of Domestic Partnership to
  556  each party in person or at the mailing address provided on the
  557  notice.
  558         (4)A domestic partnership is automatically terminated if,
  559  subsequent to the registration of the domestic partnership:
  560         (a)Either party or both parties enter into a marriage that
  561  is recognized as valid in this state, either with each other or
  562  with another party; or
  563         (b)One party dies, except that the death of a domestic
  564  partner does not extinguish the surviving domestic partner’s
  565  rights with respect to the medical record of, or information
  566  relating to, the decedent and with respect to the disposition of
  567  the decedent’s body and the decedent’s funeral arrangements.
  568         (5)If a domestic partnership is automatically terminated,
  569  at least one party must file a notice of termination with the
  570  clerk of the circuit court within 30 days after the event
  571  causing the automatic termination.
  572         Section 22. Section 741.510, Florida Statutes, is created
  573  to read:
  574         741.510Preemption.—Sections 741.501-741.509 do not preempt
  575  the authority of a county or municipality to enact a domestic
  576  partnership ordinance that is not in conflict with these
  577  sections.
  578         Section 23. Section 765.105, Florida Statutes, is amended
  579  to read:
  580         765.105 Review of surrogate or proxy’s decision.—
  581         (1) The patient’s family, including the patient’s domestic
  582  partner, the health care facility, or the primary physician, or
  583  any other interested person who may reasonably be expected to be
  584  directly affected by the surrogate or proxy’s decision
  585  concerning any health care decision may seek expedited judicial
  586  intervention pursuant to rule 5.900 of the Florida Probate
  587  Rules, if that person believes:
  588         (a) The surrogate or proxy’s decision is not in accord with
  589  the patient’s known desires or this chapter;
  590         (b) The advance directive is ambiguous, or the patient has
  591  changed his or her mind after execution of the advance
  592  directive;
  593         (c) The surrogate or proxy was improperly designated or
  594  appointed, or the designation of the surrogate is no longer
  595  effective or has been revoked;
  596         (d) The surrogate or proxy has failed to discharge duties,
  597  or incapacity or illness renders the surrogate or proxy
  598  incapable of discharging duties;
  599         (e) The surrogate or proxy has abused his or her powers; or
  600         (f) The patient has sufficient capacity to make his or her
  601  own health care decisions.
  602         (2) This section does not apply to a patient who is not
  603  incapacitated and who has designated a surrogate who has
  604  immediate authority to make health care decisions or receive
  605  health information, or both, on behalf of the patient.
  606         Section 24. Subsection (1) of section 765.401, Florida
  607  Statutes, is amended to read:
  608         765.401 The proxy.—
  609         (1) If an incapacitated or developmentally disabled patient
  610  has not executed an advance directive, or designated a surrogate
  611  to execute an advance directive, or the designated or alternate
  612  surrogate is no longer available to make health care decisions,
  613  health care decisions may be made for the patient by any of the
  614  following individuals, in the following order of priority, if no
  615  individual in a prior class is reasonably available, willing, or
  616  competent to act:
  617         (a) The judicially appointed guardian of the patient or the
  618  guardian advocate of the person having a developmental
  619  disability as defined in s. 393.063, who has been authorized to
  620  consent to medical treatment, if such guardian has previously
  621  been appointed; however, this paragraph does shall not be
  622  construed to require such appointment before a treatment
  623  decision can be made under this subsection;
  624         (b) The patient’s spouse or domestic partner;
  625         (c) An adult child of the patient, or if the patient has
  626  more than one adult child, a majority of the adult children who
  627  are reasonably available for consultation;
  628         (d) A parent of the patient;
  629         (e) The adult sibling of the patient or, if the patient has
  630  more than one sibling, a majority of the adult siblings who are
  631  reasonably available for consultation;
  632         (f) An adult relative of the patient who has exhibited
  633  special care and concern for the patient and who has maintained
  634  regular contact with the patient and who is familiar with the
  635  patient’s activities, health, and religious or moral beliefs; or
  636         (g) A close friend of the patient; or.
  637         (h) A clinical social worker licensed under pursuant to
  638  chapter 491, or who is a graduate of a court-approved
  639  guardianship program. Such a proxy must be selected by The
  640  provider’s bioethics committee shall select such a proxy, who
  641  may and must not be employed by the provider. If the provider
  642  does not have a bioethics committee, then such a proxy may be
  643  chosen through an arrangement with the bioethics committee of
  644  another provider. The proxy will be notified that, upon request,
  645  the provider shall make available a second physician, not
  646  involved in the patient’s care to assist the proxy in evaluating
  647  treatment. Decisions to withhold or withdraw life-prolonging
  648  procedures will be reviewed by the facility’s bioethics
  649  committee. Documentation of efforts to locate proxies from prior
  650  classes must be recorded in the patient record.
  651         Section 25. Subsections (1) and (3) of section 765.512,
  652  Florida Statutes, are amended to read:
  653         765.512 Persons who may make an anatomical gift.—
  654         (1) Any person who may make a will may make an anatomical
  655  gift of his or her body.
  656         (a) If the decedent makes an anatomical gift by one of the
  657  methods listed in s. 765.514(1), and in the absence of actual
  658  notice of contrary indications by the decedent, the document or
  659  entry in the donor registry is legally sufficient evidence of
  660  the decedent’s informed consent to donate an anatomical gift.
  661         (b) An anatomical gift made by a qualified donor and not
  662  revoked by the donor, as provided in s. 765.516, is irrevocable
  663  after the donor’s death. A family member, including a domestic
  664  partner, guardian, representative ad litem, or health care
  665  surrogate may not modify, deny, or prevent a donor’s wish or
  666  intent to make an anatomical gift after the donor’s death.
  667         (3) If the decedent has not made an anatomical gift or
  668  designated a health surrogate, a member of one of the classes of
  669  persons listed in this subsection below, in the order of
  670  priority listed and in the absence of actual notice of contrary
  671  indications by the decedent or actual notice of opposition by a
  672  member of a prior class, may give all or any part of the
  673  decedent’s body for any purpose specified in s. 765.513:
  674         (a) The spouse or domestic partner of the decedent;
  675         (b) An adult son or daughter of the decedent;
  676         (c) Either parent of the decedent;
  677         (d) An adult brother or sister of the decedent;
  678         (e) An adult grandchild of the decedent;
  679         (f) A grandparent of the decedent;
  680         (g) A close personal friend, as defined in s. 765.101;
  681         (h) A guardian of the person of the decedent at the time of
  682  his or her death; or
  683         (i) A representative ad litem appointed by a court of
  684  competent jurisdiction upon a petition heard ex parte filed by
  685  any person, who shall ascertain that no person of higher
  686  priority exists who objects to the gift of all or any part of
  687  the decedent’s body and that no evidence exists of the
  688  decedent’s having made a communication expressing a desire that
  689  his or her body or body parts not be donated upon death.
  690  
  691  Those of higher priority who are reasonably available must be
  692  contacted and made aware of the proposed gift and a reasonable
  693  search must be conducted which shows that there would have been
  694  no objection to the gift by the decedent.
  695         Section 26. Subsection (1) of section 765.517, Florida
  696  Statutes, is amended to read:
  697         765.517 Rights and duties at death.—
  698         (1) The donee, pursuant to s. 765.515(2), may accept or
  699  reject an anatomical gift. If the donee accepts a gift to be
  700  used for research or education purposes, the donee may authorize
  701  embalming and the use of the body in funeral services, subject
  702  to the terms of the gift. If the gift is of a part of the body,
  703  the donee shall cause the part to be removed without unnecessary
  704  mutilation upon the death of the donor and before or after
  705  embalming. After removal of the body part, custody of the
  706  remainder of the body vests in the surviving spouse, domestic
  707  partner, next of kin, or other persons under obligation to
  708  dispose of the body.
  709         Section 27. Subsection (1) of section 768.18, Florida
  710  Statutes, is amended to read:
  711         768.18 Definitions.—As used in ss. 768.16-768.26:
  712         (1) “Survivors” means the decedent’s spouse, domestic
  713  partner, children, parents, and, when partly or wholly dependent
  714  on the decedent for support or services, any blood relatives and
  715  adoptive brothers and sisters. It includes the child born out of
  716  wedlock of a mother, but not the child born out of wedlock of
  717  the father or domestic partner unless the father or domestic
  718  partner has recognized a responsibility for the child’s support.
  719         Section 28. Subsection (2) of section 872.04, Florida
  720  Statutes, is amended to read:
  721         872.04 Autopsies; consent required, exception.—
  722         (2) Unless otherwise authorized by statute, an no autopsy
  723  may not shall be performed without the written consent of by the
  724  health care surrogate, as provided in s. 765.202, if one has
  725  been designated. If a health care surrogate has not been
  726  designated, then written consent may be provided by the spouse,
  727  domestic partner, nearest relative, or, if no such next of kin
  728  can be found, the person who has assumed custody of the body for
  729  purposes of burial may provide written consent. When two or more
  730  persons assume custody of the body for such purposes, then the
  731  consent of any one of them is shall be sufficient to authorize
  732  the autopsy.
  733         Section 29. This act shall take effect July 1, 2016.