Senate Bill 646 (2024) — Organ donation
SB 646
Florida Bills
Florida Senate - 2024 SB 646 By Senator Harrell 31-00984-24 2024646__ Page 1 of 9 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to organ donation; creating s. 2 110.1185, F.S.; requiring the state and the political 3 subdivisions thereof to provide administrative leave 4 to their employees for organ donation; creating s. 5 220.197, F.S.; defining the term “employee organ 6 donation expenses”; authorizing a tax credit for 7 qualified businesses for such expenses; providing that 8 credits may be taken only as a deduction on corporate 9 income tax returns; providing requirements for 10 applications for the credit; requiring the Department 11 of Revenue to notify applicants of approval or denial 12 of applications within a certain timeframe; 13 authorizing applicants to reapply within a specified 14 timeframe; authorizing the department to adopt rules; 15 amending s. 322.291, F.S.; making technical changes; 16 requiring that information on organ donation be 17 included in specified driver education programs; 18 authorizing the Department of Highway Safety and Motor 19 Vehicles to adopt rules; amending s. 379.352, F.S.; 20 requiring locations at which certain recreational 21 licenses or permits are sold to display and make 22 available to the public educational materials relating 23 to organ donation and registration; requiring that a 24 link to the statewide donor registry be provided to 25 persons applying online for certain recreational 26 licenses or permits; amending s. 627.6045, F.S.; 27 prohibiting a health insurance policy from limiting or 28 excluding coverage solely on the basis that an insured 29
Florida Senate - 2024 SB 646 31-00984-24 2024646__ Page 2 of 9 CODING: Words stricken are deletions; words underlined are additions. is a living organ donor; amending s. 765.5155, F.S.; 30 requiring coordination between specified parties to 31 ensure the availability of certain continuing 32 education topics; amending s. 765.521, F.S.; revising 33 the requirements for certain programs encouraging 34 anatomical gifts to include the process of issuing and 35 renewing recreational licenses and permits; providing 36 an effective date. 37 38 Be It Enacted by the Legislature of the State of Florida: 39 40
Section
Section 110.1185, Florida Statutes, is created 41 to read: 42 110.1185 Administrative leave for organ donation.—The state 43 and any political subdivision thereof shall grant their 44 employees administrative leave for organ donation. 45
Section
Section 220.197, Florida Statutes, is created to 46 read: 47 220.197 Tax credit for expenses related to employee organ 48 donation.— 49
(1) As used in this section, the term “employee organ 50 donation expenses” means: 51 (
a) Compensation paid to an employee while the employee is 52 unable to work in preparation for organ donation and while the 53 employee is on leave for such donation. 54 (
b) Additional labor expenses incurred by a business while 55 the employee is on leave for organ donation. 56
(2) For taxable years beginning on or after January 1, 57 2025, a qualified business shall receive a tax credit for 58
Florida Senate - 2024 SB 646 31-00984-24 2024646__ Page 3 of 9 CODING: Words stricken are deletions; words underlined are additions. previously paid corporate income taxes equal to 100 percent of 59 employee organ donation expenses during the tax year the 60 employee donated an organ. The credit may be taken only as a 61 deduction on a corporate income tax return and may not be 62 received as a refund of taxes previously paid. 63
(3) To qualify for the credit under this section, a 64 business must apply to the department on a form approved by the 65 department. The application must include all information 66 required by the department to verify organ donation expenses the 67 taxpayer claims to have incurred. 68
(4) Within 30 business days after receipt of the 69 application, the department shall notify the applicant in 70 writing as to whether the application has been approved or 71 deemed insufficient to support the credit. The department shall 72 identify any insufficiency in the written notice. If the 73 application is deemed insufficient, the applicant may reapply 74 for the credit within 90 calendar days after receipt of the 75 written notice. 76
(5) The department may adopt rules to administer this 77 section. 78
Section
Section 322.291, Florida Statutes, is amended to 79 read: 80 322.291 Driver improvement schools or DUI programs; 81 required in certain suspension and revocation cases.— 82
(1) Except as provided in s. 322.03(2), any one of the 83 following persons whose driving privilege has been revoked or 84 whose license has been suspended must, before the driving 85 privilege or license may be reinstated, present to the 86 department proof of enrollment in a department-approved advanced 87
Florida Senate - 2024 SB 646 31-00984-24 2024646__ Page 4 of 9 CODING: Words stricken are deletions; words underlined are additions. driver improvement course operating pursuant to s. 318.1451 or a 88 substance abuse education course conducted by a DUI program 89 licensed pursuant to s. 322.292, which must include a 90 psychosocial evaluation and treatment, if referred person: 91 (a)
(1) A person whose driving privilege has been revoked: 92 1.(
a) Upon conviction for: 93 a.1. Driving, or being in actual physical control of, any 94 vehicle while under the influence of alcoholic beverages, any 95 chemical substance set forth in s. 877.111, or any substance 96 controlled under
chapter 893, in violation of s. 316.193; 97 b.2. Driving with an unlawful blood- or breath-alcohol 98 level; 99 c.3. Manslaughter resulting from the operation of a motor 100 vehicle; 101 d.4. Failure to stop and render aid as required under the 102 laws of this state in the event of a motor vehicle crash 103 resulting in the death or personal injury of another; or 104 e.5. Reckless driving; or 105 2.(
b) As a habitual offender; or 106 3.(
c) Upon direction of the court, if the court feels that 107 the seriousness of the offense and the circumstances surrounding 108 the conviction warrant the revocation of the licensee’s driving 109 privilege.; or 110 (b)
(2) A person whose license was suspended under the point 111 system, was suspended for driving with an unlawful blood-alcohol 112 level of 0.10 percent or higher before January 1, 1994, was 113 suspended for driving with an unlawful blood-alcohol level of 114 0.08 percent or higher after December 31, 1993, was suspended 115 for a violation of s. 316.193(1), or was suspended for refusing 116
Florida Senate - 2024 SB 646 31-00984-24 2024646__ Page 5 of 9 CODING: Words stricken are deletions; words underlined are additions. to submit to a lawful breath, blood, or urine test as provided 117 in s. 322.2615 118 119 shall, before the driving privilege may be reinstated, present 120 to the department proof of enrollment in a department-approved 121 advanced driver improvement course operating pursuant to s. 122 318.1451 or a substance abuse education course conducted by a 123 DUI program licensed pursuant to s. 322.292, which shall include 124 a psychosocial evaluation and treatment, if referred. 125
(2) Additionally, for a third or subsequent violation of 126 requirements for installation of an ignition interlock device, a 127 person must complete treatment as determined by a licensed 128 treatment agency following a referral by a DUI program and have 129 the duration of the ignition interlock device requirement 130 extended by at least 1 month up to the time period required to 131 complete treatment.
If the person fails to complete such course 132 or evaluation within 90 days after reinstatement, or 133 subsequently fails to complete treatment, if referred, the DUI 134 program must shall notify the department of the failure. Upon 135 receipt of the notice, the department shall cancel the 136 offender’s driving privilege, notwithstanding the expiration of 137 the suspension or revocation of the driving privilege.
The 138 department may temporarily reinstate the driving privilege upon 139 verification from the DUI program that the offender has 140 completed the education course and evaluation requirement and 141 has reentered and is currently participating in treatment. If 142 the DUI program notifies the department of the second failure to 143 complete treatment, the department shall reinstate the driving 144 privilege only after notice of completion of treatment from the 145
Florida Senate - 2024 SB 646 31-00984-24 2024646__ Page 6 of 9 CODING: Words stricken are deletions; words underlined are additions. DUI program. 146
(3) Courses required under this
section must include 147 information on organ donation. The department may adopt rules to 148 administer this subsection. 149
Section 4. Present subsections (13) and (14) of
section 150 379.352, Florida Statutes, are redesignated as subsections (14) 151 and (15), respectively, and a new subsection (13) is added to 152 that section, to read: 153 379.352 Recreational licenses, permits, and authorization 154 numbers to take wild animal life, freshwater aquatic life, and 155 marine life; issuance; costs; reporting.— 156
(13) At each location at which hunting, fishing, or 157 trapping licenses or permits are sold, educational materials 158 regarding organ donation and registration must be displayed and 159 made available to the public. Each person who applies for a 160 hunting, fishing, or trapping license or permit online must be 161 provided a link to the statewide donor registry operated under 162 s. 765.5155. 163
Section 5. Present subsections (3) and (4) of
section 164 627.6045, Florida Statutes, are redesignated as subsections (4) 165 and (5), respectively, and a new subsection (3) is added to that 166 section, to read: 167 627.6045 Preexisting condition.—A health insurance policy 168 must comply with the following: 169
(3) A preexisting condition provision may not limit or 170 exclude coverage solely on the basis that an insured is a living 171 organ donor. 172
Section 6. Paragraph (
b) of subsection (3) of
section 173 765.5155, Florida Statutes, is amended to read: 174
Florida Senate - 2024 SB 646 31-00984-24 2024646__ Page 7 of 9 CODING: Words stricken are deletions; words underlined are additions. 765.5155 Donor registry; education program.— 175
(3) The contractor shall be responsible for: 176 (
b) A continuing program to educate and inform medical 177 professionals, law enforcement agencies and officers, other 178 state and local government employees, high school students, 179 minorities, and the public about the laws of this state relating 180 to anatomical gifts and the need for anatomical gifts. 181 1. Existing community resources, when available, must be 182 used to support the program and volunteers may assist the 183 program to the maximum extent possible. 184 2.
The contractor shall coordinate with the head of a state 185 agency or other political subdivision of the state, or his or 186 her designee, to establish convenient times, dates, and 187 locations for educating that entity’s employees. 188 3. The contractor shall coordinate with the Department of 189 Business and Professional Regulation to ensure that continuing 190 education topics on organ donation are available to medical 191 professionals. 192
Section
Section 765.521, Florida Statutes, is amended to 193 read: 194 765.521 Donations as part of driver license, or 195 identification card, or recreational license and permit 196 process.— 197
(1) The agency and the department shall develop and 198 implement a program encouraging and allowing persons to make 199 anatomical gifts as a part of the process of issuing 200 identification cards, and issuing and renewing driver licenses, 201 and issuing and renewing recreational licenses and permits under 202 s. 379.352. The donor registration card distributed by the 203
Florida Senate - 2024 SB 646 31-00984-24 2024646__ Page 8 of 9 CODING: Words stricken are deletions; words underlined are additions. department must shall include the information required by the 204 uniform donor card under s. 765.514 and such additional 205 information as determined necessary by the department.
The 206 department shall also develop and implement a program to 207 identify donors which includes notations on identification 208 cards, driver licenses, and driver records, and recreational 209 licenses or permits or such other methods as the department 210 develops to clearly indicate the individual’s intent to make an 211 anatomical gift. A notation on an individual’s driver license, 212 or identification card, or recreational license or permit that 213 the individual intends to make an anatomical gift satisfies all 214 requirements for consent to organ or tissue donation.
The agency 215 shall provide the necessary supplies and forms from funds 216 appropriated from general revenue or contributions from 217 interested voluntary, nonprofit organizations. The department 218 shall provide the necessary recordkeeping system from funds 219 appropriated from general revenue. The department and the agency 220 shall incur no liability in connection with the performance of 221 any acts authorized herein. 222
(2) The department shall maintain an integrated link on its 223 website which refers referring a visitor renewing a driver 224 license or recreational license or permit or conducting other 225 business to the donor registry operated under s. 765.5155. 226
(3) The department, after consultation with and concurrence 227 by the agency, shall adopt rules to implement the provisions of 228 this
section in accordance with according to the provisions of 229
chapter 120. 230
(4) The agency may not use funds appropriated for patient 231 care to administer Funds expended by the agency to carry out the 232
Florida Senate - 2024 SB 646 31-00984-24 2024646__ Page 9 of 9 CODING: Words stricken are deletions; words underlined are additions. intent of this
section may not be taken from funds appropriated 233 for patient care. 234