Florida Senate - 2025 SB 1700 By Senator Berman 26-01404-25 20251700__ Page 1 of 24 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to end-of-life options; creating ch. 2 764, F.S., to be entitled “Personal Autonomy”; 3 creating s. 764.101, F.S.; providing a

short title; 4 creating s. 764.102, F.S.; defining terms; creating s. 5 764.103, F.S.; providing legislative findings and 6 intent; creating s. 764.104, F.S.; providing criteria 7 for individuals to request certain medication as 8 qualified patients; providing factors to demonstrate 9 residency; requiring qualified patients to make oral 10 and written requests to obtain medication to end their 11 lives in a peaceful manner; requiring waiting periods 12 before such requests may be made and such medication 13 may be prescribed; providing exceptions; providing a 14 form for written requests; specifying requirements for 15 the valid execution of such form; authorizing a 16 qualified patient to rescind a request at any time and 17 in any manner; creating s. 764.105, F.S.; specifying 18 responsibilities for attending physicians and 19 consulting physicians; providing that a qualified 20 patient’s health care providers under the act may not 21 be related to the qualified patient or entitled to any 22 portion of the qualified patient’s estate; specifying 23 recordkeeping requirements; requiring certain health 24 care providers to report specified information to the 25 Department of Health; requiring the department to 26 adopt rules; requiring the department to publish a 27 specified report on its website annually; providing 28 requirements for the report; creating s. 764.106, 29

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F.S.; requiring persons who have custody or control of 30 any unused medication prescribed under the act to 31 dispose of it in a specified manner; creating s. 32 764.107, F.S.; specifying requirements for the death 33 certificate of qualified patients who die by self-34 administration of medication prescribed in accordance 35 with the act; creating s. 764.108, F.S.; making 36 certain provisions of legal instruments void and 37 unenforceable under certain circumstances; prohibiting 38 health insurers from denying or discriminating in 39 their provision of health benefits based on the 40 availability of medication prescribed under the act or 41 from attempting to influence a policyholder’s decision 42 to make or rescind a request for such medication; 43 prohibiting an individual’s participation under the 44 act from affecting the sale, procurement, or issuance 45 of certain insurance policies or the rates charged for 46 such policies; creating s. 764.109, F.S.; providing 47 criminal penalties and immunities; defining the terms 48 “notify” and “participation in this chapter”; 49 authorizing health care providers and health care 50 facilities to prohibit health care providers from 51 participating under the act while on the premises of 52 facilities that they own or operate if they provided 53 prior notice of their policy; requiring such health 54 care providers and health care facilities to clearly 55 articulate this policy on websites they maintain and 56 in materials they provide to patients; requiring such 57 health care providers and health care facilities to 58

Florida Senate - 2025 SB 1700 26-01404-25 20251700__ Page 3 of 24 CODING: Words stricken are deletions; words underlined are additions. provide the policy in an easily accessible location on 59 their websites and in certain materials provided to 60 patients; authorizing health care providers and health 61 care facilities to impose sanctions against health 62 care providers who violate such policies; providing 63 that health care providers and health care facilities 64 may not prohibit their employees from participating 65 under the act off the premises or outside the course 66 and scope of their employment or impose sanctions 67 against them for doing so; requiring sanctioning 68 health care providers and health care facilities to 69 not be arbitrary or capricious in their sanctions and 70 to follow due process procedures when imposing such 71 sanctions; providing that such sanctions may not be 72 considered a violation of the standard of care or as 73 unprofessional conduct for purposes of disciplinary 74 action against a health care provider’s license; 75 creating s. 764.11, F.S.; authorizing claims for costs 76 and attorney fees for governmental entities under 77 certain circumstances; creating s. 764.111, F.S.; 78 providing construction and severability; amending s. 79 782.08, F.S.; exempting persons acting in accordance 80 with the act from certain criminal penalties; 81 providing an effective date. 82 83 Be It Enacted by the Legislature of the State of Florida: 84 85

Section 1.

Chapter 764, Florida Statutes, consisting of 86 sections 764.101-764.111, Florida Statutes, is created and 87

Florida Senate - 2025 SB 1700 26-01404-25 20251700__ Page 4 of 24 CODING: Words stricken are deletions; words underlined are additions. entitled “Personal Autonomy.” 88

Section

Section 764.101, Florida Statutes, is created to 89 read: 90 764.101

Short title.—Sections 764.101-764.111 may be cited 91 as the “Florida End-of-Life Options Act.” 92

Section

Section 764.102, Florida Statutes, is created to 93 read: 94 764.102

Definitions.—As used in this chapter, the term: 95 (1) “Adult” means a resident of this state who is 18 years 96 of age or older. 97 (2) “Attending physician” means the physician who has 98 primary responsibility for the care of the patient and treatment 99 of the patient’s terminal condition. 100 (3) “Consulting physician” means a physician who is 101 qualified by specialty or experience to make a professional 102 diagnosis and prognosis regarding the patient’s medical 103 condition. 104 (4) “Counseling” means one or more consultations as 105 necessary between a mental health professional and a patient for 106 the purpose of determining whether the patient has mental 107 capacity and whether the patient is suffering from a mental 108 health disorder or intellectual disability causing impaired 109 judgment that impacts his or her ability to make informed end-110 of-life decisions. 111 (5) “Department” means the Department of Health. 112 (6) “Health care facility” means a health care facility as 113 defined in s. 408.07 or another entity, other than a health care 114 provider, licensed or certified to provide health care services 115 in this state. 116

Florida Senate - 2025 SB 1700 26-01404-25 20251700__ Page 5 of 24 CODING: Words stricken are deletions; words underlined are additions. (7) “Health care provider” means a health care practitioner 117 as defined in s. 456.001 or another individual licensed or 118 certified to provide health services in this state. 119 (8) “Informed decision” means a decision voluntarily made 120 by a qualified patient to request and obtain a prescription to 121 end his or her life after a sufficient explanation and 122 disclosure of the subject matter is given to enable the 123 qualified patient to understand and consider the relevant facts, 124 including the qualified patient’s medical diagnosis and 125 prognosis, the potential risks associated with taking the 126 medication to be prescribed, the probable results of taking the 127 medication, and the feasible alternatives to taking the 128 medication, and to make an informed health care decision without 129 coercion or undue influence. 130 (9) “Medically confirmed” means the medical opinion of the 131 attending physician has been confirmed by a consulting physician 132 who has examined the patient and the patient’s relevant medical 133 records. 134 (10) “Medication” means a drug as defined in s. 499.003 135 which an attending physician prescribes to a qualified patient 136 under this

chapter to end his or her life in a peaceful manner. 137 (11) “Mental capacity” means that a patient’s attending 138 physician, consulting physician, or treating mental health 139 professional has determined that, in accordance with the 140 relevant professional standards of care, the patient has the 141 ability to understand and appreciate health care options 142 available to him or her, including the significant benefits and 143 risks of such options, and to make and communicate health care 144 decisions to health care providers, including communication 145

Florida Senate - 2025 SB 1700 26-01404-25 20251700__ Page 6 of 24 CODING: Words stricken are deletions; words underlined are additions. through individuals familiar with the patient’s manner of 146 communicating if those individuals are available. 147 (12) “Mental health professional” means a psychiatrist 148 licensed under

chapter 458 or 459, a psychiatric nurse licensed 149 under

part I of

chapter 464, a psychologist licensed under 150

chapter 490, or a mental health counselor or clinical social 151 worker licensed under

chapter 491. 152 (13) “Physician” means a person licensed to practice 153 medicine under

chapter 458 or osteopathic medicine under

chapter 154 459. 155 (14) “Public place” means any street, alley, park, or 156 public building; any place of business or assembly open to or 157 frequented by the public; and any other place open to the public 158 view or to which the public has access. The term does not 159 include a health care facility. 160 (15) “Qualified patient” means an individual who has 161 satisfied the requirements of this

chapter to obtain a 162 prescription for medication to end his or her life in a peaceful 163 manner. 164 (16) “Self-administer” means to take an affirmative, 165 conscious, and voluntary action to ingest medication. 166 (17) “Telehealth” has the same meaning as provided in s. 167 456.47(1). 168 (18)“Terminal condition” means a medically confirmed 169 condition caused by an injury, an illness, or a disease which is 170 incurable and irreversible and which will, within reasonable 171 medical judgment, cause the patient’s death within 6 months. 172

Section

Section 764.103, Florida Statutes, is created to 173 read: 174

Florida Senate - 2025 SB 1700 26-01404-25 20251700__ Page 7 of 24 CODING: Words stricken are deletions; words underlined are additions. 764.103 Legislative findings and intent.—The Legislature 175 finds that every adult with mental capacity has the fundamental 176 right of self-determination regarding decisions pertaining to 177 his or her own health, and recognizes that for some faced with a 178 terminal condition, prolonging life may result in intolerable 179 pain and suffering.

It is the intent of the Legislature to 180 establish a procedure to allow an individual with mental 181 capacity who has a terminal condition, and who makes a fully 182 informed decision that he or she no longer wants to live, to 183 obtain medication to end his or her life in a peaceful manner. 184

Section

Section 764.104, Florida Statutes, is created to 185 read: 186 764.104 Qualified patients; residency requirements; written 187 and oral requests for medication; waiting periods; form 188 requirements; right to rescind requests.— 189 (1)(

a) An individual may request medication authorized 190 under this

chapter for the purpose of ending his or her life if 191 the individual: 192 1. Is 18 years of age or older; 193 2. Is a resident of Florida; 194 3. Has been clinically diagnosed with a terminal condition 195 by his or her attending physician which has been medically 196 confirmed by a consulting physician; 197 4. Has mental capacity; 198 5. Is making an informed decision; 199 6. Has voluntarily expressed his or her wish to die; and 200 7. Is able to self-administer the medication. 201 (

b) An individual may not qualify for medication under this 202

chapter solely because of age or disability. 203

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(2) Factors demonstrating Florida residency include, but 204 are not limited to: 205 (

a) Possession of a Florida driver license; 206 (

b) Registration to vote in Florida; 207 (

c) Evidence that the individual owns or leases property in 208 Florida; or 209 (

d) Filing of a federal tax return from the most recent tax 210 year which asserts that the individual’s permanent residence is 211 in Florida. 212

(3) To obtain medication under this

chapter to end his or 213 her life, a qualified patient must first make two oral requests, 214 and then one written request, for the medication to his or her 215 attending physician. 216 (

a) A qualified patient may not make the second oral 217 request to his or her attending physician until at least 15 days 218 after making the first oral request. However, if the qualified 219 patient’s attending physician has medically confirmed that the 220 qualified patient will, within reasonable medical judgment, die 221 within 15 days after making the first oral request, the 222 qualified patient may make the second oral request to his or her 223 attending physician at any time after making the first oral 224 request. 225 (

b) After a qualified patient makes a second oral request, 226 the attending physician must give the qualified patient an 227 opportunity to rescind the request. 228 (

c) A qualified patient may make a written request for 229 medication under this

chapter after he or she has made a second 230 oral request for the medication and has been offered the 231 opportunity to rescind the request. The written request must be 232

Florida Senate - 2025 SB 1700 26-01404-25 20251700__ Page 9 of 24 CODING: Words stricken are deletions; words underlined are additions. made by the qualified patient and may not be made by the 233 qualified patient’s health care surrogate or proxy, attorney, or 234 representative or by an advance directive. 235 (

d) An attending physician may not prescribe medication to 236 a qualified patient under this

chapter until at least 48 hours 237 after the qualified patient makes a written request for the 238 medication. However, if the qualified patient’s attending 239 physician has medically confirmed that the qualified patient 240 will, within reasonable medical judgment, die within the 48-hour 241 waiting period, the attending physician may prescribe the 242 medication immediately after the qualified patient makes the 243 written request. 244 (

e) A qualified patient may make the oral requests for 245 medication under this

chapter through telehealth if the 246 attending physician deems it clinically appropriate under the 247 applicable standard of care for his or her profession. 248 (4)(

a) A written request for medication under this

chapter 249 must be in a form substantially similar to the following: 250 REQUEST FOR MEDICATION 251 TO END MY LIFE IN A PEACEFUL MANNER 252 253 I, ...(name of qualified patient)..., am an adult of sound 254 mind. 255 256 I am suffering from ...(medical condition)..., which my 257 attending physician has determined is a terminal condition and 258 which has been medically confirmed by a consulting physician. 259 Both physicians agree that, within reasonable medical judgment, 260 my condition is incurable and irreversible and is likely to 261

Florida Senate - 2025 SB 1700 26-01404-25 20251700__ Page 10 of 24 CODING: Words stricken are deletions; words underlined are additions. cause my death within 6 months. ...(qualified patient’s 262 initials)... 263 264 I have been fully informed of my diagnosis, prognosis, the 265 nature of the medication to be prescribed and potential 266 associated risks, the expected result of taking the medication, 267 and the feasible alternative, concurrent, or additional 268 treatment opportunities available to me, including hospice care 269 and palliative care focused on relieving symptoms and reducing 270 suffering. ...(qualified patient’s initials)... 271 272 Pursuant to

chapter 764, Florida Statutes, I request that 273 my attending physician prescribe medication that will end my 274 life in a peaceful manner if I choose to self-administer it, and 275 I authorize my attending physician to contact a willing 276 pharmacist to dispense such medication to me. ...(qualified 277 patient’s initials)... 278 279 PURSUANT TO

SECTION 764.104, FLORIDA STATUTES, I UNDERSTAND 280 THAT I HAVE THE RIGHT TO RESCIND THIS REQUEST AT ANY TIME AND IN 281 ANY MANNER, REGARDLESS OF MY MENTAL STATE. ...(qualified 282 patient’s initials)... 283 284 I understand the full import of this request, and I expect 285 to die if I self-administer the medication to be prescribed. I 286 further understand that although most deaths occur within 3 287 hours, my death may take longer, and my attending physician has 288 counseled me about this possibility. ...(qualified patient’s 289 initials)... 290

Florida Senate - 2025 SB 1700 26-01404-25 20251700__ Page 11 of 24 CODING: Words stricken are deletions; words underlined are additions. 291 I make this request voluntarily and without reservation. 292 ...(qualified patient’s initials)... 293 294 Signed: ...(signature of qualified patient)... 295 Dated: ...(date)... Time: ...(time)... 296 297 DECLARATION OF WITNESSES 298 We declare that the person signing this request: 299 1. Is personally known to us or has provided proof of his 300 or her identity; 301 2. Signed this request in our presence; 302 3.

Appears to be of sound mind and not under duress, fraud, 303 or undue influence; and 304 4.

Is not a patient for whom either of us is the attending 305 physician or other health care provider. 306 307 First witness Second witness 308 ...(print name)... ...(print name)... 309 ...(relation to patient)... ...(relation to patient)... 310 ...(signature)... ...(signature)... 311 ...(date)... ...(date)... 312 313 NOTE: At least one witness must not be a relative (by 314 blood, marriage, registered domestic partnership, or adoption) 315 of the qualified person signing this request, must not be 316 entitled to any portion of the person’s estate upon death, and 317 must not be an owner, operator, or employee of a health care 318 facility where the qualified patient is a patient or resident. 319

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b) To be valid, the written request must be signed by the 320 qualified patient and witnessed by at least two individuals who, 321 in the presence of the qualified patient, attest that, to the 322 best of their knowledge and belief, the qualified patient has 323 mental capacity, is acting voluntarily, and is not being coerced 324 to sign the request. At least one of the witnesses must be a 325 person who is not: 326 1. A relative of the qualified patient by blood, marriage, 327 registered domestic partnership, or adoption; 328 2.

A person who at the time the request is signed would be 329 entitled to any portion of the estate of the qualified patient 330 upon death under any will or by operation of law; or 331 3. An owner, operator, or employee of a health care 332 facility where the qualified patient is receiving medical 333 treatment or is a resident. 334 (

c) The qualified patient’s attending physician or other 335 health care provider at the time the request is signed may not 336 serve as a witness. 337

(5) A qualified patient may rescind his or her request at 338 any time and in any manner without regard to his or her mental 339 state. 340

Section

Section 764.105, Florida Statutes, is created to 341 read: 342 764.105 Attending physician responsibilities; consulting 343 physician responsibilities; recordkeeping and reporting 344 requirements; annual report.— 345

(1) ATTENDING PHYSICIAN RESPONSIBILITIES.—The attending 346 physician shall do all of the following before prescribing 347 medication to a qualified patient under this chapter: 348

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a) Make the initial determination as to whether a patient 349 has a terminal condition, has mental capacity, has voluntarily 350 made the request for medication to end his or her life without 351 coercion or undue influence by another person, and is able to 352 self-administer the medication to be prescribed. 353 (

b) Refer the patient to a consulting physician for medical 354 confirmation of the diagnosis, and for a determination that the 355 patient has mental capacity and is acting voluntarily. 356 (

c) Ensure that the patient is making an informed decision 357 by fully informing the patient of the facts relevant to all of 358 the following: 359 1. The patient’s medical diagnosis and prognosis. 360 2. The potential risks associated with self-administering 361 the medication to be prescribed. 362 3. The probable result of self-administering the medication 363 to be prescribed. 364 4. The feasible alternative, concurrent, and additional 365 treatment options available to the patient, including, but not 366 limited to, palliative care, hospice care, and pain control. 367 5. The option to obtain the medication to end his or her 368 life but subsequently decide not to take it. 369 (

d) Verify the patient’s Florida residency. 370 (

e) Refer the patient to a mental health professional with 371 the appropriate training and expertise for counseling if the 372 patient has a history of, or if the physician believes the 373 patient may be suffering from, a mental health disorder or 374 intellectual disability that may cause impaired judgment. The 375 attending physician may not prescribe medication under this 376

chapter until the mental health professional counseling the 377

Florida Senate - 2025 SB 1700 26-01404-25 20251700__ Page 14 of 24 CODING: Words stricken are deletions; words underlined are additions. patient determines that the patient is not suffering from a 378 mental health disorder or intellectual disability causing 379 impaired judgment that impacts his or her ability to make 380 informed end-of-life decisions. 381 (

f) Inform the qualified patient that he or she has an 382 opportunity to rescind the request at any time and in any 383 manner, and offer the qualified patient an opportunity to 384 rescind the request after the qualified patient’s second oral 385 request in accordance with s. 764.104. 386 (

g) Inform the qualified patient that there is no 387 obligation to fill the prescription or to self-administer the 388 medication prescribed under this chapter, even if obtained. 389 (

h) Immediately before writing a prescription for 390 medication under this chapter, verify again that the qualified 391 patient is making an informed decision. 392 (

i) Counsel the patient about the importance of having 393 another person present when the patient self-administers the 394 medication prescribed under this

chapter and of not self-395 administering the medication in a public place. 396 (

j) Comply with the medical record documentation 397 requirements of this section. 398 (

k) Ensure that all required steps are carried out in 399 accordance with this

chapter before writing a prescription for 400 medication to enable a qualified patient to end his or her life 401 in a peaceful manner. 402 (l)1. Dispense medications directly, including ancillary 403 medications intended to minimize the patient’s discomfort; 404 however, the attending physician must be registered as a 405 dispensing practitioner under s. 465.0276, have a current Drug 406

Florida Senate - 2025 SB 1700 26-01404-25 20251700__ Page 15 of 24 CODING: Words stricken are deletions; words underlined are additions. Enforcement Administration number, and comply with applicable 407 laws and rules to dispense medications under this paragraph; or 408 2. With the patient’s written consent: 409 a. Contact a pharmacist and inform the pharmacist of the 410 prescription; and 411 b. Deliver the written prescription personally, 412 electronically, or by mail to the pharmacist, who will dispense 413 the medications to either the patient, the attending physician, 414 the patient’s legal representative, or an individual whom the 415 patient designates in writing. 416

(2) CONSULTING PHYSICIAN RESPONSIBILITIES.—A consulting 417 physician shall examine the patient and his or her relevant 418 medical records to confirm, in writing, whether the consulting 419 physician agrees with the attending physician’s diagnosis that 420 the patient is suffering from a terminal condition, and verify 421 whether the patient has mental capacity, is acting voluntarily, 422 and has made an informed decision.

A consulting physician must 423 refer the patient to a mental health professional for counseling 424 if the consulting physician believes the patient may be 425 suffering from a mental health disorder or intellectual 426 disability that may cause impaired judgment and the attending 427 physician has not already referred the patient for such 428 counseling. 429

(3) CONFLICT OF INTEREST.—The attending physician, 430 consulting physician, and mental health professional and 431 interpreter, if any, may not be related to the qualified patient 432 by blood, marriage, registered domestic partnership, or adoption 433 or be entitled to any portion of the qualified patient’s estate. 434

(4) RECORDKEEPING.—An attending physician is responsible 435

Florida Senate - 2025 SB 1700 26-01404-25 20251700__ Page 16 of 24 CODING: Words stricken are deletions; words underlined are additions. for ensuring that all of the following is documented or filed in 436 the patient’s medical record: 437 (

a) All oral requests by a patient for medication under 438 this chapter. 439 (

b) All written requests by a patient for medication under 440 this chapter. 441 (

c) The attending physician’s diagnosis, prognosis, and 442 determination that the patient has mental capacity, is acting 443 voluntarily, has made an informed decision, and is able to self-444 administer the medication to be prescribed. 445 (

d) The consulting physician’s diagnosis, prognosis, and 446 verification that the patient has mental capacity, is acting 447 voluntarily, has made an informed decision, and is able to self-448 administer the medication to be prescribed. 449 (

e) A report of the outcome and determinations made during 450 counseling, if performed. 451 (

f) The attending physician’s offer to the patient to 452 rescind his or her request at the time of the patient’s second 453 oral request. 454 (

g) A note by the attending physician indicating that all 455 requirements under this

chapter have been met and indicating the 456 steps taken to carry out the request, including a notation of 457 the medication prescribed. 458

(5) REPORTING.—A health care provider who prescribes or 459 dispenses medication under this

chapter must submit a report to 460 the department for each qualified patient for or to whom he or 461 she prescribes or dispenses such medication, as applicable. The 462 department shall adopt rules to establish timeframes and forms 463 for submitting such reports. The reports must be limited to all 464

Florida Senate - 2025 SB 1700 26-01404-25 20251700__ Page 17 of 24 CODING: Words stricken are deletions; words underlined are additions. of the following information: 465 (

a) The qualified patient’s age at death, if applicable. 466 (

b) The qualified patient’s gender, race, and ethnicity. 467 (

c) Whether the qualified patient was enrolled in hospice 468 care at the time of death. 469 (

d) The qualified patient’s underlying terminal condition. 470 (

e) Whether the qualified patient self-administered the 471 medication prescribed to end his or her life and, if so, the 472 date on which the death occurred. 473

(6) ANNUAL REPORT.—By January 15 of each year, the 474 department shall publish on its website an aggregated report of 475 all of the information submitted to the department under 476 subsection (5) for the preceding year, including, but not 477 limited to, the total number of qualified patients who received 478 a prescription for medication under this

chapter and the total 479 number of health care providers who prescribed such medication. 480 The report may not include any personal identifying information 481 for the qualified patients. 482

Section

Section 764.106, Florida Statutes, is created to 483 read: 484 764.106 Disposal of medication.—A person who has custody or 485 control of any unused medication prescribed under this

chapter 486 after the death of the qualified patient must personally deliver 487 the unused medication to the nearest facility qualified to 488 dispose of controlled substances or must dispose of the unused 489 medications by any lawful means in accordance with the rules of 490 the Board of Pharmacy or a United States Drug Enforcement 491 Administration approved drug take back program. 492

Section

Section 764.107, Florida Statutes, is created to 493

Florida Senate - 2025 SB 1700 26-01404-25 20251700__ Page 18 of 24 CODING: Words stricken are deletions; words underlined are additions. read: 494 764.107 Death certificates.—If a qualified patient dies by 495 self-administration of medication as authorized under this 496 chapter, the qualified patient’s death certificate must list the 497 underlying terminal condition, and not the prescribed 498 medication, as the cause of death. 499

Section

Section 764.108, Florida Statutes, is created to 500 read: 501 764.108 Effect on construction of wills, contracts, and 502 statutes; insurance or annuity policies.— 503

(1) A provision in a contract, will, or other agreement, 504 whether written or oral, to the extent the provision would 505 affect whether a person may make or rescind a request for 506 medication under this chapter, is void and unenforceable. 507

(2) An obligation owed under any existing contract may not 508 be conditioned or affected by a person making or rescinding a 509 request for medication under this chapter. 510

(3) A health insurer may not deny or discriminate in its 511 provision of health benefits to a policyholder based on the 512 availability of the medication authorized under this

chapter to 513 end his or her life, nor may a health insurer attempt to 514 influence a policyholder’s decision to make or rescind a request 515 for such medication. 516

(4) The sale, procurement, or issuance of any life, health, 517 or accident insurance or annuity policy, or the rate charged for 518 any policy, may not be conditioned upon or affected by a person 519 making or rescinding a request for medication under this 520 chapter. A qualified patient’s act of self-administering 521 medication prescribed under this

chapter may not affect a life, 522

Florida Senate - 2025 SB 1700 26-01404-25 20251700__ Page 19 of 24 CODING: Words stricken are deletions; words underlined are additions. health, or accident insurance or annuity policy. 523

Section

Section 764.109, Florida Statutes, is created 524 to read: 525 764.109 Penalties; liabilities; immunities; grounds for 526 prohibiting health care provider participation; notification; 527 permissible sanctions.— 528

(1) A person who: 529 (

a) Without authorization of the patient, willfully alters 530 or forges a request for medication under this

chapter or 531 conceals or destroys a rescission of that request with the 532 intent or effect of causing the patient’s death commits a felony 533 of the first degree, punishable as provided in s. 775.082, s. 534 775.083, or s. 775.084. 535 (

b) Coerces or exerts undue influence on a patient to 536 request medication under this

chapter for the purpose of ending 537 the patient’s life or to destroy a rescission of a medication 538 request commits a felony of the first degree, punishable as 539 provided in s. 775.082, s. 775.083, or s. 775.084. 540

(2) This

chapter does not limit further liability for civil 541 damages resulting from other negligent conduct or intentional 542 misconduct by any person. 543

(3) The penalties in this

chapter do not preclude criminal 544 penalties applicable under other law for conduct that is 545 inconsistent with this chapter. 546

(4) Except as provided in subsections (1) and (5): 547 (

a) A person is not subject to civil or criminal liability 548 or professional disciplinary action for complying in good faith 549 with this chapter. This includes being present when a qualified 550 patient self-administers the medication prescribed under this 551

Florida Senate - 2025 SB 1700 26-01404-25 20251700__ Page 20 of 24 CODING: Words stricken are deletions; words underlined are additions. chapter. 552 (

b) A health care facility, a professional organization or 553 association, or a health insurer may not subject a person to 554 censure, discipline, or suspension; loss or denial of license, 555 credentials, privileges, or membership; or any other penalty 556 solely for refusing to participate in this

chapter or for 557 complying in good faith with this chapter. 558 (

c) A request by a patient for, or provision by an 559 attending physician of, medication in good faith compliance with 560 this

chapter does not constitute evidence of neglect for any 561 purpose of law or provide the sole basis for the appointment of 562 a guardian or conservator. 563 (

d) A health care provider is not under any duty, whether 564 by contract, by statute, or by any other legal requirement, to 565 participate in the provision of medication prescribed under this 566

chapter to a qualified patient. If a health care provider is 567 unable or unwilling to carry out a patient’s request under this 568 chapter, the health care provider must inform the patient and 569 refer him or her to a health care provider willing to assist the 570 patient in the request for medication to end his or her life as 571 authorized under this chapter. If the patient transfers his or 572 her care to a new health care provider, the prior health care 573 provider must transfer, upon request, a copy of the patient’s 574 relevant medical records to the new health care provider within 575 48 hours. 576 (5)(

a) As used in this subsection, the term: 577 1. “Notify” means to make a separate written statement 578 specifically informing employees, before their participation in 579 this chapter, of the employing health care provider’s or health 580

Florida Senate - 2025 SB 1700 26-01404-25 20251700__ Page 21 of 24 CODING: Words stricken are deletions; words underlined are additions. care facility’s policy sanctioning participation in activities 581 covered by this chapter. 582 2. “Participation in this chapter” means performing the 583 duties of an attending physician, the function of a consulting 584 physician, or the function of counseling pursuant to s. 764.105. 585 The term does not include: 586 a. Making an initial determination that a patient has a 587 terminal disease and informing the patient of the medical 588 prognosis; 589 b.

Providing information about the Florida End-of-Life 590 Options Act to a patient upon the request of the patient; 591 c. Providing a patient, upon the request of the patient, 592 with a referral to another physician; or 593 d. A patient contracting with his or her attending 594 physician or consulting physician to act outside of the course 595 and scope of the provider’s capacity as an employee or 596 independent contractor of the sanctioning health care provider. 597 (

b) Notwithstanding any other law, an employing health care 598 provider or health care facility may prohibit participation in 599 this

chapter on the premises of facilities that it owns or 600 operates if it first notifies the health care providers 601 practicing in its facilities of its policy. This paragraph does 602 not prevent a health care provider or health care facility from 603 otherwise providing health care services to a patient which do 604 not constitute participation in this chapter. 605 (

c) A health care provider or health care facility that 606 prohibits participation in this

chapter on the premises of its 607 facilities shall clearly articulate this policy in an easily 608 accessible and appropriate location on any website maintained by 609

Florida Senate - 2025 SB 1700 26-01404-25 20251700__ Page 22 of 24 CODING: Words stricken are deletions; words underlined are additions. the provider or facility and in any applicable materials given 610 to patients. 611 (

d) An employing health care provider or health care 612 facility may not prohibit a health care provider from, or 613 sanction a health care provider for, participation in this 614

chapter if done off premises of facilities that the employing 615 health care provider or health care facility owns or operates or 616 when the health care provider is acting outside the normal 617 course and scope of his or her employment with the health care 618 provider or health care facility. 619 (

e) Notwithstanding subsection (4), if an employing health 620 care provider or health care facility has a policy prohibiting 621 health care providers from participation in this

chapter on the 622 premises of facilities that it owns or operates and has notified 623 them of the policy, the prohibiting health care provider or 624 health care facility may subject such health care providers to 625 sanctions for participating in this

chapter in violation of that 626 policy. 627 (

f) An employing health care provider or health care 628 facility that imposes sanctions under paragraph (

e) may not be 629 arbitrary or capricious in its sanctions and must afford all due 630 process and use any procedures it may have in place which are 631 related to the imposition of sanctions on another health care 632 provider. 633

(6) Sanctions imposed under subsection (5) may not be 634 considered the imposition of a sanction based on a violation of 635 standard of care, and participation in this

chapter may not be 636 deemed unprofessional conduct for the purpose of disciplinary 637 action against a health care provider’s license. 638

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Section

Section 764.11, Florida Statutes, is created to 639 read: 640 764.11 Claims by governmental entity for costs incurred.—641 Any governmental entity that incurs costs resulting from a 642 person terminating his or her life pursuant to this

chapter in a 643 public place shall have a claim against the estate of the person 644 to recover the costs and reasonable attorney fees related to 645 enforcing the claim. 646

Section

Section 764.111, Florida Statutes, is created 647 to read: 648 764.111 Construction; severability.— 649

(1) This

chapter may not be construed to authorize a 650 physician or any other person to end a patient’s life by lethal 651 injection, mercy killing, or active euthanasia. Actions taken in 652 accordance with this

chapter do not constitute suicide, assisted 653 suicide, mercy killing, euthanasia, adult abuse, or homicide for 654 any purpose under the law. 655

(2) If any provision of this

chapter or its application to 656 any person or circumstance is held invalid, the invalidity does 657 not affect the application of any other provision of this 658

chapter which can be given full effect without the invalid 659 provision or application, and to this end the provisions of this 660

chapter are severable. 661

Section

Section 782.08, Florida Statutes, is amended to 662 read: 663 782.08 Assisting self-murder.—Every person deliberately 664 assisting another in the commission of self-murder commits shall 665 be guilty of manslaughter, a felony of the second degree, 666 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 667

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chapter 764, the Florida End-of-Life 668 Options Act, do not constitute assisting another in the 669 commission of self-murder, and a person acting within the scope 670 of and in accordance with

chapter 764 may not be prosecuted 671 under this

section for such acts. 672

Section 14. This act shall take effect July 1, 2025. 673