Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. CS for SB 1224 Ì6884601Î688460 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Rules (Joyner) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 671 - 682 4 and insert: 5 (3) The surrogate’s authority shall commence either upon a 6 determination under subsection (2) that the principal lacks 7 capacity, or upon a stipulation of such authority pursuant to s. 8 765.101(21).andSuch authority shall remain in effect until a 9 determination that the principal has regained such capacity when 10 the authority commenced as a result of incapacity, or until its 11 revocation in such cases where the authority commenced 12 immediately pursuant to 765.101(21). Upon commencement of the 13 surrogate’s authority, a surrogate who is not the principal’s 14 spouse shall notify the principal’s spouse or adult children of 15 the principal’s designation of the surrogate. Except where the 16 principal provided immediately exercisable authority to the 17 surrogate pursuant to s. 765.101(21), in the event the primary 18 or attending physician determines that the principal has 19 regained capacity, the authority of the surrogate shall cease, 20 but shall recommence if the principal subsequently loses 21 capacity as determined pursuant to this section. A health care 22 provider will not be liable for relying upon health care 23 decisions made by a surrogate while a principal lacks capacity. 24 At any time when a principal lacks capacity, a health care 25 decision made on a principal’s behalf by a surrogate shall be 26 effective to the same extent as a decision made by the 27 principal. When a principal possesses capacity, health care 28 decisions of the principal will take precedence over decisions 29 made by the surrogate that present a material conflict. 30 31 ================= T I T L E A M E N D M E N T ================ 32 And the title is amended as follows: 33 Delete line 44 34 and insert: 35 notification of incapacity of a principal; providing 36 that a health care provider may justifiably rely on 37 decisions made by a surrogate; providing for when 38 there are conflicting decisions between surrogate and 39 patient; amending s.