Bill Text: FL S0646 | 2024 | Regular Session | Introduced
Bill Title: Organ Donation
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-03-08 - Died in Health Policy [S0646 Detail]
Download: Florida-2024-S0646-Introduced.html
Florida Senate - 2024 SB 646 By Senator Harrell 31-00984-24 2024646__ 1 A bill to be entitled 2 An act relating to organ donation; creating s. 3 110.1185, F.S.; requiring the state and the political 4 subdivisions thereof to provide administrative leave 5 to their employees for organ donation; creating s. 6 220.197, F.S.; defining the term “employee organ 7 donation expenses”; authorizing a tax credit for 8 qualified businesses for such expenses; providing that 9 credits may be taken only as a deduction on corporate 10 income tax returns; providing requirements for 11 applications for the credit; requiring the Department 12 of Revenue to notify applicants of approval or denial 13 of applications within a certain timeframe; 14 authorizing applicants to reapply within a specified 15 timeframe; authorizing the department to adopt rules; 16 amending s. 322.291, F.S.; making technical changes; 17 requiring that information on organ donation be 18 included in specified driver education programs; 19 authorizing the Department of Highway Safety and Motor 20 Vehicles to adopt rules; amending s. 379.352, F.S.; 21 requiring locations at which certain recreational 22 licenses or permits are sold to display and make 23 available to the public educational materials relating 24 to organ donation and registration; requiring that a 25 link to the statewide donor registry be provided to 26 persons applying online for certain recreational 27 licenses or permits; amending s. 627.6045, F.S.; 28 prohibiting a health insurance policy from limiting or 29 excluding coverage solely on the basis that an insured 30 is a living organ donor; amending s. 765.5155, F.S.; 31 requiring coordination between specified parties to 32 ensure the availability of certain continuing 33 education topics; amending s. 765.521, F.S.; revising 34 the requirements for certain programs encouraging 35 anatomical gifts to include the process of issuing and 36 renewing recreational licenses and permits; providing 37 an effective date. 38 39 Be It Enacted by the Legislature of the State of Florida: 40 41 Section 1. Section 110.1185, Florida Statutes, is created 42 to read: 43 110.1185 Administrative leave for organ donation.—The state 44 and any political subdivision thereof shall grant their 45 employees administrative leave for organ donation. 46 Section 2. Section 220.197, Florida Statutes, is created to 47 read: 48 220.197 Tax credit for expenses related to employee organ 49 donation.— 50 (1) As used in this section, the term “employee organ 51 donation expenses” means: 52 (a) Compensation paid to an employee while the employee is 53 unable to work in preparation for organ donation and while the 54 employee is on leave for such donation. 55 (b) Additional labor expenses incurred by a business while 56 the employee is on leave for organ donation. 57 (2) For taxable years beginning on or after January 1, 58 2025, a qualified business shall receive a tax credit for 59 previously paid corporate income taxes equal to 100 percent of 60 employee organ donation expenses during the tax year the 61 employee donated an organ. The credit may be taken only as a 62 deduction on a corporate income tax return and may not be 63 received as a refund of taxes previously paid. 64 (3) To qualify for the credit under this section, a 65 business must apply to the department on a form approved by the 66 department. The application must include all information 67 required by the department to verify organ donation expenses the 68 taxpayer claims to have incurred. 69 (4) Within 30 business days after receipt of the 70 application, the department shall notify the applicant in 71 writing as to whether the application has been approved or 72 deemed insufficient to support the credit. The department shall 73 identify any insufficiency in the written notice. If the 74 application is deemed insufficient, the applicant may reapply 75 for the credit within 90 calendar days after receipt of the 76 written notice. 77 (5) The department may adopt rules to administer this 78 section. 79 Section 3. Section 322.291, Florida Statutes, is amended to 80 read: 81 322.291 Driver improvement schools or DUI programs; 82 required in certain suspension and revocation cases.— 83 (1) Except as provided in s. 322.03(2), any one of the 84 following persons whose driving privilege has been revoked or 85 whose license has been suspended must, before the driving 86 privilege or license may be reinstated, present to the 87 department proof of enrollment in a department-approved advanced 88 driver improvement course operating pursuant to s. 318.1451 or a 89 substance abuse education course conducted by a DUI program 90 licensed pursuant to s. 322.292, which must include a 91 psychosocial evaluation and treatment, if referredperson: 92 (a)(1)A person whose driving privilege has been revoked: 93 1.(a)Upon conviction for: 94 a.1.Driving, or being in actual physical control of, any 95 vehicle while under the influence of alcoholic beverages, any 96 chemical substance set forth in s. 877.111, or any substance 97 controlled under chapter 893, in violation of s. 316.193; 98 b.2.Driving with an unlawful blood- or breath-alcohol 99 level; 100 c.3.Manslaughter resulting from the operation of a motor 101 vehicle; 102 d.4.Failure to stop and render aid as required under the 103 laws of this state in the event of a motor vehicle crash 104 resulting in the death or personal injury of another; or 105 e.5.Reckless driving;or106 2.(b)As a habitual offender; or 107 3.(c)Upon direction of the court, if the court feels that 108 the seriousness of the offense and the circumstances surrounding 109 the conviction warrant the revocation of the licensee’s driving 110 privilege.; or111 (b)(2)A person whose license was suspended under the point 112 system, was suspended for driving with an unlawful blood-alcohol 113 level of 0.10 percent or higher before January 1, 1994, was 114 suspended for driving with an unlawful blood-alcohol level of 115 0.08 percent or higher after December 31, 1993, was suspended 116 for a violation of s. 316.193(1), or was suspended for refusing 117 to submit to a lawful breath, blood, or urine test as provided 118 in s. 322.2615 119 120shall, before the driving privilege may be reinstated, present121to the department proof of enrollment in a department-approved122advanced driver improvement course operating pursuant to s.123318.1451 or a substance abuse education course conducted by a124DUI program licensed pursuant to s. 322.292, which shall include125a psychosocial evaluation and treatment, if referred. 126 (2) Additionally, for a third or subsequent violation of 127 requirements for installation of an ignition interlock device, a 128 person must complete treatment as determined by a licensed 129 treatment agency following a referral by a DUI program and have 130 the duration of the ignition interlock device requirement 131 extended by at least 1 month up to the time period required to 132 complete treatment. If the person fails to complete such course 133 or evaluation within 90 days after reinstatement, or 134 subsequently fails to complete treatment, if referred, the DUI 135 program mustshallnotify the department of the failure. Upon 136 receipt of the notice, the department shall cancel the 137 offender’s driving privilege, notwithstanding the expiration of 138 the suspension or revocation of the driving privilege. The 139 department may temporarily reinstate the driving privilege upon 140 verification from the DUI program that the offender has 141 completed the education course and evaluation requirement and 142 has reentered and is currently participating in treatment. If 143 the DUI program notifies the department of the second failure to 144 complete treatment, the department shall reinstate the driving 145 privilege only after notice of completion of treatment from the 146 DUI program. 147 (3) Courses required under this section must include 148 information on organ donation. The department may adopt rules to 149 administer this subsection. 150 Section 4. Present subsections (13) and (14) of section 151 379.352, Florida Statutes, are redesignated as subsections (14) 152 and (15), respectively, and a new subsection (13) is added to 153 that section, to read: 154 379.352 Recreational licenses, permits, and authorization 155 numbers to take wild animal life, freshwater aquatic life, and 156 marine life; issuance; costs; reporting.— 157 (13) At each location at which hunting, fishing, or 158 trapping licenses or permits are sold, educational materials 159 regarding organ donation and registration must be displayed and 160 made available to the public. Each person who applies for a 161 hunting, fishing, or trapping license or permit online must be 162 provided a link to the statewide donor registry operated under 163 s. 765.5155. 164 Section 5. Present subsections (3) and (4) of section 165 627.6045, Florida Statutes, are redesignated as subsections (4) 166 and (5), respectively, and a new subsection (3) is added to that 167 section, to read: 168 627.6045 Preexisting condition.—A health insurance policy 169 must comply with the following: 170 (3) A preexisting condition provision may not limit or 171 exclude coverage solely on the basis that an insured is a living 172 organ donor. 173 Section 6. Paragraph (b) of subsection (3) of section 174 765.5155, Florida Statutes, is amended to read: 175 765.5155 Donor registry; education program.— 176 (3) The contractor shall be responsible for: 177 (b) A continuing program to educate and inform medical 178 professionals, law enforcement agencies and officers, other 179 state and local government employees, high school students, 180 minorities, and the public about the laws of this state relating 181 to anatomical gifts and the need for anatomical gifts. 182 1. Existing community resources, when available, must be 183 used to support the program and volunteers may assist the 184 program to the maximum extent possible. 185 2. The contractor shall coordinate with the head of a state 186 agency or other political subdivision of the state, or his or 187 her designee, to establish convenient times, dates, and 188 locations for educating that entity’s employees. 189 3. The contractor shall coordinate with the Department of 190 Business and Professional Regulation to ensure that continuing 191 education topics on organ donation are available to medical 192 professionals. 193 Section 7. Section 765.521, Florida Statutes, is amended to 194 read: 195 765.521 Donations as part of driver license,or196 identification card, or recreational license and permit 197 process.— 198 (1) The agency and the department shall develop and 199 implement a program encouraging and allowing persons to make 200 anatomical gifts as a part of the process of issuing 201 identification cards,andissuing and renewing driver licenses, 202 and issuing and renewing recreational licenses and permits under 203 s. 379.352. The donor registration card distributed by the 204 department mustshallinclude the information required by the 205 uniform donor card under s. 765.514 and such additional 206 information as determined necessary by the department. The 207 department shall also develop and implement a program to 208 identify donors which includes notations on identification 209 cards, driver licenses,anddriver records, and recreational 210 licenses or permits or such other methods as the department 211 develops to clearly indicate the individual’s intent to make an 212 anatomical gift. A notation on an individual’s driver license, 213oridentification card, or recreational license or permit that 214 the individual intends to make an anatomical gift satisfies all 215 requirements for consent to organ or tissue donation. The agency 216 shall provide the necessary supplies and forms from funds 217 appropriated from general revenue or contributions from 218 interested voluntary, nonprofit organizations. The department 219 shall provide the necessary recordkeeping system from funds 220 appropriated from general revenue. The department and the agency 221 shall incur no liability in connection with the performance of 222 any acts authorized herein. 223 (2) The department shall maintain an integrated link on its 224 website which refersreferringa visitor renewing a driver 225 license or recreational license or permit or conducting other 226 business to the donor registry operated under s. 765.5155. 227 (3) The department, after consultation with and concurrence 228 by the agency, shall adopt rules to implementthe provisions of229 this section in accordance withaccording to the provisions of230 chapter 120. 231 (4) The agency may not use funds appropriated for patient 232 care to administerFunds expended by the agency to carry out the233intent ofthis sectionmay not be taken from funds appropriated234for patient care. 235 Section 8. This act shall take effect July 1, 2024.