Bill Text: FL S1666 | 2016 | Regular Session | Introduced
Bill Title: Domestic Partnerships
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-03-11 - Died in Judiciary [S1666 Detail]
Download: Florida-2016-S1666-Introduced.html
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 mustshallreflect such notice; if such notice has not 111 been given, the medical records mustshallreflect 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 133shallnot be restricted as a means of punishment.Nothing in134 This paragraph does notshall be construed tolimit 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) AnAnyentity or individual that provides health, 145 social, legal, or other services to a resident has the right to 146havereasonable 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 allowedpermitted150 immediate access to the resident: 151 1. AAnyrepresentative 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; aanylaw 156 enforcement officer; aanyrepresentative 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 shallmustallow 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 existWhen no family existsor is not 208 available, a funeral director licensed under chapter 497 may 209 assume the responsibility of a legally authorized person and 210 may,after24 hours or more afterhave elapsed sincethe 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 whichthatresulted 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 availablenofamily members, including a domestic partnermember293exists 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. IfWherethere 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, beforeprior toentombment, 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 fundswhich are342generatedshall be appropriated in a “grants-in-aid” category to 343 the Department of Children and Familiesdirected to the344Department of Children and Familiesfor the specific purpose of 345 funding domestic violence centers, and the funds shall be346appropriated in a “grants-in-aid” category to the Department of347Children and Families for the purpose of funding domestic348violence 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: 355 741.501 Legislative 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: 379 741.502 Definitions.—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: 398 741.503 Forms.—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: 406 741.504 Domestic 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: 438 741.505 Prohibitions 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: 454 741.506 Domestic 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: 483 741.507 Fees.— 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: 512 741.508 Proof 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: 533 741.509 Termination 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: 574 741.510 Preemption.—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 doesshallnotbe622construed torequire 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;or636 (g) A close friend of the patient; or.637 (h) A clinical social worker licensed underpursuant to638 chapter 491, or who is a graduate of a court-approved 639 guardianship program.Such a proxy must be selected byThe 640 provider’s bioethics committee shall select such a proxy, who 641 mayand mustnot be employed by the provider. If the provider 642 does not have a bioethics committee,thensuch 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 subsectionbelow, 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, annoautopsy 723 may notshallbe performed without the written consent ofbythe 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 bythe 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 isshall besufficient to authorize 732 the autopsy. 733 Section 29. This act shall take effect July 1, 2016.