Bill Text: FL S0578 | 2014 | Regular Session | Introduced
Bill Title: Domestic Partners
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Failed) 2014-05-02 - Died in Health Policy [S0578 Detail]
Download: Florida-2014-S0578-Introduced.html
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. 81 82 Be It Enacted by the Legislature of the State of Florida: 83 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. 92 93 Charges 94 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 mustshallreflect such notice; if such notice has not 106 been given, the medical records mustshallreflect 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.— 112 (5) COMMUNICATION, ABUSE REPORTING, AND VISITS.— 113 (c) Each facility must permit immediate access to any 114 patient, subject to the patient’s right to deny or withdraw 115 consent at any time, by the patient’s family members, including 116 the patient’s domestic partner, guardian, guardian advocate, 117 representative, Florida statewide or local advocacy council, or 118 attorney, unless such access would be detrimental to the 119 patient. If a patient’s right to communicate or to receive 120 visitors is restricted by the facility, written notice of such 121 restriction and the reasons for the restriction shall be served 122 on the patient, the patient’s attorney, and the patient’s 123 guardian, guardian advocate, or representative; and such 124 restriction shall be recorded on the patient’s clinical record 125 with the reasons therefor. The restriction of a patient’s right 126 to communicate or to receive visitors shall be reviewed at least 127 every 7 days. The right to communicate or receive visitors may 128shallnot be restricted as a means of punishment.Nothing in129 This paragraph does notshall be construed tolimit 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) AnAnyentity or individual that provides health, 140 social, legal, or other services to a resident has the right to 141havereasonable 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 allowedpermitted145 immediate access to the resident: 146 1. AAnyrepresentative of the federal or state government, 147 including, but not limited to, representatives of the Department 148 of Children and FamiliesFamily 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 151anylaw 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. 156 157 The facility shallmustallow 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. 195 196 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 existWhenno family existsor is not 203 available, a funeral director licensed under chapter 497 may 204 assume the responsibility of a legally authorized person and 205 may,after24 hours or more afterhave elapsed sincethe 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.— 253 (5) DISPLACED HOMEMAKER TRUST FUND.— 254 (b) The trust fund shall receive funds generated from the 255 fee charged for each Declaration of Domestic Partnership as 256 specified in s. 741.507 and funds generated from an additional 257 fee on marriage license applications and dissolution of marriage 258 filings as specified in ss. 741.01(3) and 28.101, respectively, 259 and may receive funds from any other public or private source. 260 Section 10. Subsection (39) of section 497.005, Florida 261 Statutes, is amended to read: 262 497.005 Definitions.—As used in this chapter, the term: 263 (39) “Legally authorized person” means, in the priority 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 whichthatresulted 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. 285 286 In addition, the term may include, if there are no existing or 287 availablenofamily members, including a domestic partnermember288exists 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. IfWherethere is a person in any priority class listed 299 in this subsection, the funeral establishment shall rely upon 300 the authorization of any one legally authorized person of that 301 class if that person represents that she or he is not aware of 302 any objection to the cremation of the deceased’s human remains 303 by others in the same class of the person making the 304 representation or of any person in a higher priority class. 305 Section 11. Paragraph (e) of subsection (8) of section 306 497.152, Florida Statutes, is amended to read: 307 497.152 Disciplinary grounds.—This section sets forth 308 conduct that is prohibited and that shall constitute grounds for 309 denial of any application, imposition of discipline, or other 310 enforcement action against the licensee or other person 311 committing such conduct. For purposes of this section, the 312 requirements of this chapter include the requirements of rules 313 adopted under authority of this chapter. No subsection heading 314 in this section shall be interpreted as limiting the 315 applicability of any paragraph within the subsection. 316 (8) TRANSPORT, CUSTODY, TREATMENT, OR DISINTERMENT OF HUMAN 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, beforeprior toentombment, 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 fundswhich are337generatedshall be appropriated in a “grants-in-aid” category to 338 the Department of Children and Familiesdirected to the339Department of Children andFamily Servicesfor the specific 340 purpose of funding domestic violence centers, and the funds341shall be appropriated in a “grants-in-aid” category to the342Department of Children andFamily Servicesfor the purpose of343funding domestic violence centers. From the proceeds of the 344 surcharge deposited into the Domestic Violence Trust Fund as 345 required under s. 938.08, the Executive Office of the Governor 346 may spend up to $500,000 each year for the purpose of 347 administering a statewide public-awareness campaign regarding 348 domestic violence. 349 Section 13. Section 741.501, Florida Statutes, is created 350 to read: 351 741.501 Legislative findings.—The Legislature finds that: 352 (1) There is a significant number of individuals in this 353 state who live together in personally, emotionally, and 354 economically committed and important relationships who are not 355 married under state law. These familial relationships are often 356 referred to as domestic partnerships. The 2010 census indicates 357 that more than 12 percent of Americans identified themselves as 358 living in a domestic partnership. 359 (2) The state has a strong interest in promoting stable and 360 lasting families and believes that all familial relationships, 361 including domestic partnerships, should be provided with 362 important legal protections. 363 (3) The status of marriage in this state is limited by Art. 364 I of the State Constitution to the union of one man and one 365 woman and the Legislature does not seek to alter the definition 366 of marriage in any way. However, the Legislature also finds that 367 recognition of domestic partnerships can provide an alternative 368 mechanism for extending certain important rights and 369 responsibilities to individuals who choose to form long-term, 370 mutually supportive relationships. Such recognition will provide 371 support to these familial relationships without affecting the 372 definition of marriage, without creating or recognizing a legal 373 relationship that is the substantial equivalent of marriage, and 374 without affecting restrictions contained in federal law. This 375 law does not alter, affect, or contravene any municipal, county, 376 state, or federal law that defines marriage and may not be 377 interpreted as recognizing or treating a domestic partnership as 378 a marriage. 379 (4) Because of the material and other support that domestic 380 partnerships provide to their participants, these relationships 381 should be formally recognized and made uniform by law. 382 Recognition of domestic partnerships will also promote employee 383 recruitment, employee retention, employee loyalty for employers 384 within this state, and economic development by attracting to 385 this state companies that value diversity and protections for 386 their employees. Therefore, the Legislature declares that it is 387 the policy of this state to establish and define the rights and 388 responsibilities of domestic partners. 389 Section 14. Section 741.502, Florida Statutes, is created 390 to read: 391 741.502 Definitions.—As used in ss. 741.501-741.510, the 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: 410 741.503 Forms.—The Department of Health shall prepare and 411 adopt the following forms: 412 (1) Declaration of Domestic Partnership. 413 (2) Certificate of Domestic Partnership. 414 (3) Notice of Termination of Domestic Partnership. 415 (4) Certificate of Termination of Domestic Partnership. 416 Section 16. Section 741.504, Florida Statutes, is created 417 to read: 418 741.504 Domestic partnership requirements.— 419 (1) A domestic partnership may be formed by filing a 420 Declaration of Domestic Partnership form with a clerk of the 421 circuit court in any county. The declaration must include: 422 (a) A statement attesting that each party is 18 years of 423 age or older. The clerk may accept any reasonable proof of an 424 individual’s age, but the clerk shall accept a driver license or 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: 496 741.507 Fees.— 497 (1) Upon receipt of a Declaration of Domestic Partnership, 498 the clerk of the circuit court shall collect and receive: 499 (a) A fee of $30 as provided in s. 28.24(29). 500 (b) A fee of $2 for receiving the Declaration of Domestic 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 doesshallnotbe631construed torequire 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;or645 (g) A close friend of the patient; or.646 (h) A clinical social worker licensed underpursuant to647 chapter 491, or who is a graduate of a court-approved 648 guardianship program.Such a proxy must be selected byThe 649 provider’s bioethics committee shall select such a proxy, who 650 mayand mustnot be employed by the provider. If the provider 651 does not have a bioethics committee,thensuch 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 subsectionbelow, 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. 699 700 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, annoautopsy 722 may notshallbe performed without the written consent ofbythe 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 bythe 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 isshall besufficient to authorize 731 the autopsy. 732 Section 28. This act shall take effect July 1, 2014.