Bill Text: FL S1642 | 2024 | Regular Session | Introduced


Bill Title: Death with Dignity

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2024-03-08 - Died in Health Policy [S1642 Detail]

Download: Florida-2024-S1642-Introduced.html
       Florida Senate - 2024                                    SB 1642
       
       
        
       By Senator Torres
       
       
       
       
       
       25-00281-24                                           20241642__
    1                        A bill to be entitled                      
    2         An act relating to death with dignity; creating ch.
    3         764, F.S., to be entitled “Personal Autonomy”;
    4         creating s. 764.101, F.S.; providing a short title;
    5         creating s. 764.102, F.S.; defining terms; creating s.
    6         764.103, F.S.; providing legislative findings and
    7         intent; creating s. 764.104, F.S.; providing criteria
    8         for individuals to request certain medication as
    9         qualified patients; providing criteria to demonstrate
   10         residency; requiring qualified patients to make both
   11         verbal and written requests for medication; providing
   12         requirements and waiting periods for such requests;
   13         providing requirements for a form for written
   14         requests; specifying requirements for the valid
   15         execution of the form; authorizing a qualified patient
   16         to rescind a request at any time and in any manner;
   17         creating s. 764.105, F.S.; specifying requirements for
   18         attending physicians; authorizing an attending
   19         physician to sign a qualified patient’s death
   20         certificate; specifying requirements for consulting
   21         physicians; specifying recordkeeping requirements;
   22         requiring certain health care providers to report
   23         certain information to the Department of Health;
   24         requiring the department to annually review certain
   25         records for compliance and publish a report on
   26         activities and compliance; requiring the department to
   27         adopt rules for a specified purpose; creating s.
   28         764.106, F.S.; making certain provisions of certain
   29         legal instruments void and unenforceable under certain
   30         circumstances; prohibiting an individual’s decisions
   31         or actions under certain provisions from affecting the
   32         sale, procurement, or issuance of certain insurance
   33         policies or the rates charged for such policies;
   34         creating s. 764.107, F.S.; providing criminal
   35         penalties, liabilities, and immunities; defining
   36         terms; authorizing employing health care providers to
   37         prohibit health care providers from participating
   38         under the act while on the premises of facilities that
   39         they own or operate if they have provided prior notice
   40         of their policy; authorizing employing health care
   41         providers to impose specified sanctions against its
   42         facilities, operators, and other employees for
   43         violating such policies; providing construction;
   44         requiring the sanctioning health care providers to use
   45         due process procedures when imposing such sanctions;
   46         providing that certain sanctions may not be the sole
   47         basis for certain disciplinary action against a health
   48         care provider’s license; providing construction;
   49         creating s. 764.108, F.S.; authorizing claims for
   50         costs and attorney fees in certain circumstances;
   51         creating s. 764.109, F.S.; providing construction and
   52         severability; providing an effective date.
   53          
   54  Be It Enacted by the Legislature of the State of Florida:
   55  
   56         Section 1. Chapter 764, Florida Statutes, consisting of
   57  sections 764.101-764.109, Florida Statutes, entitled “Personal
   58  Autonomy,” is created.
   59         Section 2. Section 764.101, Florida Statutes, is created to
   60  read:
   61         764.101 Short title.—Sections 764.101-764.109 may be cited
   62  as the “Death with Dignity Act.
   63         Section 3. Section 764.102, Florida Statutes, is created to
   64  read:
   65         764.102 Definitions.—As used in this chapter, the term:
   66         (1) “Attending physician” means a physician who has primary
   67  responsibility for the care and treatment of a patient with a
   68  terminal condition.
   69         (2) “Competent” means that in the opinion of a court or in
   70  the opinion of a patient’s attending physician, consulting
   71  physician, psychiatrist, or psychologist, the patient has the
   72  ability to make and communicate health care decisions to health
   73  care providers, including communication through individuals
   74  familiar with the patient’s manner of communicating if such
   75  individuals are available.
   76         (3) “Consulting physician” means a physician who is
   77  qualified by specialty or experience to make a professional
   78  diagnosis and prognosis regarding the patient’s medical
   79  condition.
   80         (4)“Counseling” means one or more consultations as
   81  necessary between a psychiatrist or psychologist and a patient
   82  for the purpose of determining whether the patient is competent
   83  and whether the patient is suffering from a psychiatric or
   84  psychological disorder or depression causing impaired judgment.
   85         (5)“Department” means the Department of Health.
   86         (6)“Health care provider” means a health care
   87  practitioner, a health care facility, or an entity licensed or
   88  certified to provide health services in this state.
   89         (7)“Informed decision” means a decision voluntarily made
   90  by a qualified patient to request and obtain a prescription to
   91  end his or her life after a sufficient explanation and
   92  disclosure of information on the subject has been given by his
   93  or her attending physician to enable the qualified patient to
   94  appreciate the relevant facts, including the qualified patient’s
   95  medical diagnosis and prognosis, the potential risks associated
   96  with taking the medication to be prescribed, the probable
   97  results of taking such medication, and any feasible alternatives
   98  to taking the medication, and to make an informed health care
   99  decision without coercion or undue influence.
  100         (8)“Medically confirmed” means the medical opinion of an
  101  attending physician has been confirmed by a consulting physician
  102  who has examined the patient and the patient’s relevant medical
  103  records.
  104         (9)“Medication” means a drug as defined in s. 465.003(15)
  105  which an attending physician prescribes to a qualified patient
  106  under this chapter to end his or her life in a humane and
  107  dignified manner.
  108         (10)“Physician” means a person licensed to practice
  109  medicine under chapter 458 or osteopathic medicine under chapter
  110  459.
  111         (11)“Psychiatrist” means a physician who has primarily
  112  diagnosed and treated nervous and mental disorders for a period
  113  of at least 3 years, including a psychiatric residency.
  114         (12)“Psychologist” means a person licensed to practice
  115  psychology under chapter 490.
  116         (13)“Qualified patient” means an individual who has
  117  satisfied the requirements of this chapter to obtain a
  118  prescription for medication to end his or her life in a humane
  119  and dignified manner.
  120         (14)“Terminal condition” means a medically confirmed
  121  condition caused by an injury, illness, or disease which is
  122  incurable and irreversible and which will, within reasonable
  123  medical judgment, cause the patient’s death within 6 months.
  124         Section 4. Section 764.103, Florida Statutes, is created to
  125  read:
  126         764.103 Legislative findings and intent.—The Legislature
  127  finds that every competent adult has the fundamental right of
  128  self-determination regarding decisions pertaining to his or her
  129  own health and recognizes that for some individuals faced with a
  130  terminal condition, prolonging life may result in a painful or
  131  burdensome existence. It is the intent of the Legislature to
  132  establish a procedure to allow a competent individual who has a
  133  terminal condition, and who makes a fully informed decision that
  134  he or she no longer wants to live, to obtain medication to end
  135  his or her life in a humane and dignified manner.
  136         Section 5. Section 764.104, Florida Statutes, is created to
  137  read:
  138         764.104 Qualified patients; residency requirements; written
  139  and verbal requests for medication; waiting periods; form
  140  requirements; right to rescind requests.—
  141         (1)(a)An individual may request medication as a qualified
  142  patient under this chapter for the purpose of ending his or her
  143  life in a humane and dignified manner if the individual:
  144         1.Is 18 years of age or older;
  145         2.Is a resident of Florida;
  146         3.Has been clinically diagnosed with a terminal condition
  147  by his or her attending physician which has been medically
  148  confirmed by a consulting physician;
  149         4.Is competent;
  150         5.Is making an informed decision; and
  151         6.Has voluntarily expressed his or her wish to die.
  152         (b)An individual may not qualify for medication under this
  153  chapter solely because of age or disability.
  154         (c)An individual imprisoned or incarcerated in this state
  155  who otherwise meets the requirements of this section qualifies
  156  for medication under this chapter.
  157         (2)Criteria demonstrating an individual’s Florida
  158  residency include, but are not limited to:
  159         (a)Possession of a valid Florida driver license or Florida
  160  identification card issued by the Department of Highway Safety
  161  and Motor Vehicles;
  162         (b)Proof of registration to vote in Florida;
  163         (c)Evidence that the individual owns or leases property in
  164  Florida; or
  165         (d)If an individual is unable to otherwise demonstrate
  166  residency due to his or her imprisonment or incarceration,
  167  evidence that the individual has been imprisoned or incarcerated
  168  in this state for the 6 months immediately preceding the request
  169  for medication under this chapter.
  170         (3)To obtain medication under this chapter, a qualified
  171  patient must first make two verbal requests and then one written
  172  request for the medication to his or her attending physician.
  173         (a)A qualified patient may not make the second verbal
  174  request to his or her attending physician for at least 15 days
  175  after making the first verbal request. However, if the qualified
  176  patient’s attending physician has medically confirmed that the
  177  qualified patient will, within reasonable medical judgment, die
  178  within 15 days after making the first verbal request, the
  179  qualified patient may make the second verbal request to his or
  180  her attending physician at any time after making the first
  181  verbal request.
  182         (b)After a qualified patient makes a second verbal
  183  request, the attending physician must give the qualified patient
  184  an opportunity to rescind the request.
  185         (c)A qualified patient may make a written request for
  186  medication under this chapter only after he or she has made a
  187  second verbal request for the medication and has been offered
  188  the opportunity to rescind the request.
  189         (d)An attending physician may not prescribe medication to
  190  a qualified patient under this chapter for at least 48 hours
  191  after the qualified patient makes a written request for the
  192  medication.
  193         (4)(a)A written request for medication under this chapter
  194  must be made using a form substantially similar to the
  195  following:
  196  
  197                       REQUEST FOR MEDICATION                      
  198                     TO END MY LIFE IN A HUMANE                    
  199                        AND DIGNIFIED MANNER                       
  200         I, ...(name of qualified patient)..., am an adult of sound
  201  mind.
  202  
  203         I have been diagnosed with ...(medical condition)..., which
  204  my attending physician has determined is a terminal condition
  205  and which has been medically confirmed by a consulting
  206  physician.
  207  
  208         I have been fully informed of my diagnosis, prognosis, the
  209  nature of the medication to be prescribed pursuant to this
  210  request and potential associated risks of taking such
  211  medication, the expected result of taking such medication, and
  212  any feasible alternatives, including comfort care, hospice care,
  213  and pain control.
  214  
  215         Pursuant to chapter 764, Florida Statutes, I request that
  216  my attending physician prescribe medication that will end my
  217  life in a humane and dignified manner.
  218  
  219         INITIAL ONE:
  220         [....] I have informed my family members of my decision and
  221  taken their opinions into consideration.
  222         [....] I have decided not to inform my family members of my
  223  decision.
  224         [....] I have no family members to inform of my decision.
  225  
  226         PURSUANT TO SECTION 764.104, FLORIDA STATUTES, I UNDERSTAND
  227  THAT I HAVE THE RIGHT TO RESCIND THIS REQUEST AT ANY TIME AND IN
  228  ANY MANNER, REGARDLESS OF MY MENTAL STATE.
  229  
  230         I understand the full import of this request, and I expect
  231  to die when I take the medication to be prescribed. I further
  232  understand that although most deaths occur within 3 hours of
  233  taking such medication, my death may take longer, and my
  234  physician has counseled me about this possibility.
  235  
  236         I make this request voluntarily and without reservation,
  237  and I accept full moral responsibility for my actions.
  238  
  239         Signed: ...( signature of qualified patient)...
  240         Dated: ...( date)...
  241  
  242                      DECLARATION OF WITNESSES                     
  243         We declare that the person signing this request:
  244         1.Is personally known to us or has provided proof of
  245  identity;
  246         2.Signed this request in our presence;
  247         3.Appears to be of sound mind and not under duress, fraud,
  248  or undue influence; and
  249         4.Is not a patient for whom either of us is the attending
  250  physician.
  251  
  252         First witness			Second witness
  253         ...(print name)...		...(print name)...
  254         ...(signature)...		...(signature)...
  255         ...(date)...			...(date)...
  256  
  257         NOTE: At least one witness may not be a relative (by blood,
  258  marriage, or adoption) of the person signing this request, may
  259  not be entitled to any portion of the person’s estate upon
  260  death, and may not be an owner, operator, or employee of a
  261  health care facility where the person is a patient or resident.
  262         (b)To be valid, the written request must be signed by the
  263  qualified patient and witnessed by at least two individuals who,
  264  in the presence of the qualified patient, attest that, to the
  265  best of their knowledge and belief, the qualified patient is
  266  competent, is acting voluntarily, and is not being coerced to
  267  sign the request. At least one of the witnesses must be a person
  268  who is not:
  269         1.A relative of the patient by blood, marriage, or
  270  adoption;
  271         2.Entitled, at the time the request is signed, to any
  272  portion of the estate of the qualified patient upon death under
  273  any will or by operation of law; or
  274         3.An owner, operator, or employee of a health care
  275  facility where the qualified patient is receiving medical
  276  treatment or is a resident.
  277         (c)The qualified patient’s attending physician at the time
  278  the request is signed may not serve as a witness.
  279         (5)A qualified patient may rescind his or her request at
  280  any time and in any manner without regard to his or her mental
  281  state.
  282         Section 6. Section 764.105, Florida Statutes, is created to
  283  read:
  284         764.105 Attending physician responsibilities; consulting
  285  physician responsibilities; reporting requirements.—
  286         (1)An attending physician shall do all of the following:
  287         (a)Make the initial determination of whether a patient has
  288  a terminal condition, is competent, and has voluntarily made the
  289  request for medication to end his or her life.
  290         (b)Refer the patient to a consulting physician for medical
  291  confirmation of the diagnosis and for a determination that the
  292  patient is competent and acting voluntarily.
  293         (c)Ensure that the patient is making an informed decision
  294  by fully informing the patient of the facts relevant to all of
  295  the following:
  296         1.The patient’s medical diagnosis.
  297         2.The patient’s prognosis.
  298         3.The potential risks associated with taking the requested
  299  medication.
  300         4.The probable result of taking the requested medication.
  301         5.Any feasible alternatives, including, but not limited
  302  to, comfort care, hospice care, and pain control.
  303         (d)Verify the patient’s Florida residency.
  304         (e)Refer the patient to a psychiatrist or psychologist for
  305  counseling if the physician believes the patient may be
  306  suffering from a psychiatric or psychological disorder or
  307  depression causing impaired judgment. A physician may not
  308  prescribe medication under this chapter until the psychiatrist
  309  or psychologist counseling the patient determines that the
  310  patient is not suffering from a psychiatric or psychological
  311  disorder or depression causing impaired judgment.
  312         (f)Recommend that the qualified patient notify next of kin
  313  of his or her decision. A physician may not refuse to prescribe
  314  medication to a qualified patient because he or she declines or
  315  is unable to notify next of kin.
  316         (g)Inform the qualified patient that he or she has an
  317  opportunity to rescind the request at any time and in any
  318  manner, and offer the qualified patient an opportunity to
  319  rescind the request after his or her second verbal request at
  320  the end of the 15-day waiting period pursuant to s. 764.104.
  321         (h)Immediately before writing a prescription for
  322  medication under this chapter, verify that the qualified patient
  323  is making an informed decision.
  324         (i)Counsel the qualified patient about the importance of
  325  having another person present when taking the medication
  326  prescribed under this chapter and of not taking the medication
  327  in a public place.
  328         (j)Comply with the medical record documentation
  329  requirements of this section.
  330         (k)Ensure that all appropriate steps are carried out in
  331  accordance with this chapter before writing a prescription for
  332  medication to enable a qualified patient to end his or her life
  333  in a humane and dignified manner.
  334         (l)1.Dispense medication directly, including ancillary
  335  medications intended to minimize the qualified patient’s
  336  discomfort, provided the attending physician is registered as a
  337  dispensing practitioner under s. 465.0276, has a current Drug
  338  Enforcement Administration number, and complies with applicable
  339  laws and rules; or
  340         2.With the qualified patient’s written consent:
  341         a.Contact a pharmacist and inform the pharmacist of the
  342  prescription; and
  343         b.Deliver the written prescription personally or by mail
  344  to the pharmacist, who will dispense the medication to either
  345  the qualified patient, the attending physician, the qualified
  346  patient’s legal representative, or an individual whom the
  347  qualified patient designates in writing.
  348         (2)Notwithstanding any other law, an attending physician
  349  may sign a qualified patient’s death certificate.
  350         (3)A consulting physician shall examine the patient and
  351  his or her relevant medical records to confirm, in writing,
  352  whether the consulting physician agrees with the attending
  353  physician’s diagnosis of the patient’s terminal condition, and
  354  verify whether the patient is competent, is acting voluntarily,
  355  and has made an informed decision. A consulting physician must
  356  refer the patient to a psychiatrist or psychologist for
  357  counseling if the physician believes the patient may be
  358  suffering from a psychiatric or psychological disorder or
  359  depression causing impaired judgment.
  360         (4)An attending physician is responsible for ensuring that
  361  all of the following are documented or filed in the patient’s
  362  medical record:
  363         (a)All written and verbal requests by a patient for
  364  medication under this chapter.
  365         (b)The attending physician’s diagnosis, prognosis, and
  366  determination that the patient is competent, is acting
  367  voluntarily, and has made an informed decision.
  368         (c)The consulting physician’s diagnosis, prognosis, and
  369  verification that the patient is competent, is acting
  370  voluntarily, and has made an informed decision.
  371         (d)A report of the outcome and determinations made during
  372  counseling, if applicable.
  373         (e)The attending physician’s offer to the patient to
  374  rescind his or her request at the time of the patient’s second
  375  verbal request.
  376         (f)A note by the attending physician indicating that all
  377  requirements under this chapter have been met and detailing the
  378  steps taken to carry out the request, including a notation of
  379  the medication prescribed.
  380         (5)A health care provider who dispenses medication
  381  prescribed under this chapter shall file a copy of the
  382  dispensing record with the department.
  383         (6)The department shall annually review a sample of
  384  records maintained under this chapter for compliance and
  385  annually publish a statistical report on activities and
  386  compliance pursuant to this chapter. The department shall adopt
  387  rules to collect information for this purpose.
  388         Section 7. Section 764.106, Florida Statutes, is created to
  389  read:
  390         764.106 Effect on construction of wills, contracts, and
  391  statutes; insurance or annuity policies.—
  392         (1)A provision in a contract, will, or other agreement,
  393  whether written or verbal, to the extent the provision would
  394  affect whether a person may make or rescind a request for
  395  medication under this chapter, is void and unenforceable.
  396         (2)An obligation owed under any existing contract may not
  397  be conditioned or affected by a person making or rescinding a
  398  request for medication under this chapter.
  399         (3)The sale, procurement, or issuance of any life, health,
  400  or accident insurance or annuity policy, or the rate charged for
  401  any policy, may not be conditioned upon or affected by a person
  402  making or rescinding a request for medication under this
  403  chapter. A qualified patient’s act of ingesting medication
  404  prescribed under this chapter may not affect a life, health, or
  405  accident insurance or annuity policy.
  406         Section 8. Section 764.107, Florida Statutes, is created to
  407  read:
  408         764.107Penalties; liabilities; immunities; grounds for
  409  prohibiting health care provider participation; notification;
  410  permissible sanctions.—
  411         (1)A person who:
  412         (a)Without authorization of the patient, willfully alters
  413  or forges a request for medication under this chapter or
  414  conceals or destroys a rescission of that request with the
  415  intent or effect of causing the patient’s death commits a felony
  416  of the first degree, punishable as provided in s. 775.082, s.
  417  775.083, or s. 775.084.
  418         (b)Coerces or exerts undue influence on a patient to
  419  request medication under this chapter for the purpose of ending
  420  the patient’s life or to destroy a rescission of a medication
  421  request commits a felony of the first degree, punishable as
  422  provided in s. 775.082, s. 775.083, or s. 775.084.
  423         (2)This chapter does not limit further liability for civil
  424  damages resulting from other negligent conduct or intentional
  425  misconduct by any person.
  426         (3)The penalties in this chapter do not preclude criminal
  427  penalties applicable under any other law for conduct that is
  428  inconsistent with this chapter.
  429         (4)Except as provided in subsections (1) and (5):
  430         (a)A person is not subject to civil or criminal liability
  431  or professional disciplinary action for participating in good
  432  faith compliance with this chapter. This includes being present
  433  when a qualified patient takes the medication prescribed under
  434  this chapter.
  435         (b)A professional organization or association or a health
  436  care provider may not subject a person to censure, discipline,
  437  suspension, loss of license, loss of privileges, loss of
  438  membership, or other penalty solely for refusing to participate
  439  in this chapter or for participating in good faith compliance
  440  with this chapter.
  441         (c)A request by a patient for, or provision by an
  442  attending physician of, medication in good faith compliance with
  443  this chapter does not constitute neglect for any purpose of law
  444  or provide the sole basis for the appointment of a guardian or
  445  conservator.
  446         (d)A health care provider is not under any duty, whether
  447  by contract, by statute, or by any other legal requirement, to
  448  participate in the provision of medication prescribed under this
  449  chapter to a qualified patient. If a health care provider is
  450  unable or unwilling to carry out a patient’s request under this
  451  chapter, and the patient transfers his or her care to a new
  452  health care provider, the prior health care provider must
  453  transfer, upon request, a copy of the patient’s relevant medical
  454  records to the new health care provider.
  455         (5)(a)As used in this subsection, the term:
  456         1.“Notify” means to produce a written statement
  457  specifically informing employees, before their participation in
  458  this chapter, of the employing health care providers policy
  459  prohibiting participation in activities covered by this chapter.
  460         2.“Participation in this chapter” means performing the
  461  duties of an attending physician, the function of a consulting
  462  physician, or the function of counseling pursuant to s. 764.105.
  463  The term does not include:
  464         a.Making an initial determination that a patient has a
  465  terminal disease and informing the patient of the medical
  466  prognosis;
  467         b.Providing information about the Death with Dignity Act
  468  to a patient upon the request of the patient;
  469         c.Providing a patient, upon the request of the patient,
  470  with a referral to another physician; or
  471         d.A patient contracting with his or her attending
  472  physician and consulting physician to act outside of the course
  473  and scope of the provider’s capacity as an employee or
  474  independent contractor of an employing health care provider that
  475  prohibits participation in this chapter.
  476         (b)Notwithstanding any other law, an employing health care
  477  provider may prohibit participation in this chapter on the
  478  premises of facilities that it owns or operates if it has
  479  notified the health care providers practicing in its facilities
  480  of its policy. This paragraph does not prevent a health care
  481  provider from otherwise providing health care services to a
  482  patient which do not constitute participation in this chapter.
  483         (c)Notwithstanding subsection (4), if an employing health
  484  care provider has a policy prohibiting its facilities,
  485  operators, or employees from participation in this chapter and
  486  has notified them of the policy, the employing health care
  487  provider may subject its facilities, operators, or employees to
  488  any of the following sanctions for participating in this chapter
  489  in violation of that policy:
  490         1.Loss of privileges, loss of membership, or other
  491  sanctions provided under the medical staff bylaws, policies, and
  492  procedures of the employing health care provider if the
  493  sanctioned health care provider is a member of the employing
  494  health care provider’s medical staff and participates in this
  495  chapter while on the facility premises of the employing health
  496  care provider, not including the private medical office of a
  497  physician or other provider;
  498         2.Termination of lease or other property contract or other
  499  nonmonetary remedies provided by lease contract, not including
  500  loss or restriction of medical staff privileges or exclusion
  501  from a provider panel, if the sanctioned provider participates
  502  in this chapter while on the premises of the sanctioning health
  503  care provider or on property that is owned by or under the
  504  direct control of the sanctioning health care provider; or
  505         3.Termination of contract or other nonmonetary remedies
  506  provided by contract if the sanctioned provider participates in
  507  this chapter while acting in the course and scope of the
  508  sanctioned health care provider’s capacity as an employee or
  509  independent contractor of the sanctioning health care provider.
  510  This subparagraph may not be construed to prevent:
  511         a.A health care provider from participating in carrying
  512  out the provisions of this chapter while acting outside the
  513  course and scope of the provider’s capacity as an employee or
  514  independent contractor; or
  515         b.A patient from contracting with his or her attending
  516  physician and consulting physician to act outside the course and
  517  scope of the provider’s capacity as an employee or independent
  518  contractor of the sanctioning health care provider.
  519         (d)A health care provider that imposes sanctions under
  520  paragraph (c) shall follow all due process and other procedures
  521  the sanctioning health care provider may have which are related
  522  to the imposition of sanctions on another health care provider.
  523         (6)Suspension or termination of staff membership or
  524  privileges under subsection (5) may not be the sole basis for a
  525  disciplinary complaint or investigation against a health care
  526  provider’s license.
  527         (7)This chapter may not be construed to allow a lower
  528  standard of care for patients.
  529         Section 9. Section 764.108, Florida Statutes, is created to
  530  read:
  531         764.108 Claims by governmental entity for costs incurred.
  532  Any governmental entity that incurs costs resulting from a
  533  person terminating his or her life pursuant to this chapter in a
  534  public place shall have a claim against the estate of the person
  535  to recover the costs and reasonable attorney fees related to
  536  enforcing the claim.
  537         Section 10. Section 764.109, Florida Statutes, is created
  538  to read:
  539         764.109 Construction; severability.—
  540         (1)This chapter may not be construed to authorize a
  541  physician or any other person to end a patient’s life by lethal
  542  injection, mercy killing, or active euthanasia. Actions taken in
  543  accordance with this chapter do not constitute suicide, assisted
  544  suicide, mercy killing, or homicide for any purpose under the
  545  law.
  546         (2)Any section of this chapter being held invalid as to
  547  any person or circumstance does not affect the application of
  548  any other section of this chapter which can be given full effect
  549  without the invalid section or application, and to this end the
  550  provisions of this chapter are severable.
  551         Section 11. This act shall take effect July 1, 2024.

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