Bill Summary – FastDemocracy

       Florida Senate - 2024                                     SB 646



       By Senator Harrell





       31-00984-24                                            2024646__
                      A bill to be entitled                      
       An act relating to organ donation; creating s.
       110.1185, F.S.; requiring the state and the political
       subdivisions thereof to provide administrative leave
       to their employees for organ donation; creating s.
       220.197, F.S.; defining the term “employee organ
       donation expenses”; authorizing a tax credit for
       qualified businesses for such expenses; providing that
       credits may be taken only as a deduction on corporate
       income tax returns; providing requirements for
       applications for the credit; requiring the Department
       of Revenue to notify applicants of approval or denial
       of applications within a certain timeframe;
       authorizing applicants to reapply within a specified
       timeframe; authorizing the department to adopt rules;
       amending s. 322.291, F.S.; making technical changes;
       requiring that information on organ donation be
       included in specified driver education programs;
       authorizing the Department of Highway Safety and Motor
       Vehicles to adopt rules; amending s. 379.352, F.S.;
       requiring locations at which certain recreational
       licenses or permits are sold to display and make
       available to the public educational materials relating
       to organ donation and registration; requiring that a
       link to the statewide donor registry be provided to
       persons applying online for certain recreational
       licenses or permits; amending s. 627.6045, F.S.;
       prohibiting a health insurance policy from limiting or
       excluding coverage solely on the basis that an insured
       is a living organ donor; amending s. 765.5155, F.S.;
       requiring coordination between specified parties to
       ensure the availability of certain continuing
       education topics; amending s. 765.521, F.S.; revising
       the requirements for certain programs encouraging
       anatomical gifts to include the process of issuing and
       renewing recreational licenses and permits; providing
       an effective date.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1. Section 110.1185, Florida Statutes, is created
to read:
       110.1185 Administrative leave for organ donation.—The state
and any political subdivision thereof shall grant their
employees administrative leave for organ donation.
       Section 2. Section 220.197, Florida Statutes, is created to
read:
       220.197 Tax credit for expenses related to employee organ
donation.—
       (1) As used in this section, the term “employee organ
donation expenses” means:
       (a) Compensation paid to an employee while the employee is
unable to work in preparation for organ donation and while the
employee is on leave for such donation.
       (b) Additional labor expenses incurred by a business while
the employee is on leave for organ donation.
       (2) For taxable years beginning on or after January 1,
2025, a qualified business shall receive a tax credit for
previously paid corporate income taxes equal to 100 percent of
employee organ donation expenses during the tax year the
employee donated an organ. The credit may be taken only as a
deduction on a corporate income tax return and may not be
received as a refund of taxes previously paid.
       (3) To qualify for the credit under this section, a
business must apply to the department on a form approved by the
department. The application must include all information
required by the department to verify organ donation expenses the
taxpayer claims to have incurred.
       (4) Within 30 business days after receipt of the
application, the department shall notify the applicant in
writing as to whether the application has been approved or
deemed insufficient to support the credit. The department shall
identify any insufficiency in the written notice. If the
application is deemed insufficient, the applicant may reapply
for the credit within 90 calendar days after receipt of the
written notice.
       (5) The department may adopt rules to administer this
section.
       Section 3. Section 322.291, Florida Statutes, is amended to
read:
       322.291 Driver improvement schools or DUI programs;
required in certain suspension and revocation cases.—
       (1) Except as provided in s. 322.03(2), any one of the
following persons whose driving privilege has been revoked or
whose license has been suspended must, before the driving
privilege or license may be reinstated, present to the
department proof of enrollment in a department-approved advanced
driver improvement course operating pursuant to s. 318.1451 or a
substance abuse education course conducted by a DUI program
licensed pursuant to s. 322.292, which must include a
psychosocial evaluation and treatment, if referred person:
       (a)(1) A person whose driving privilege has been revoked:
       1.(a) Upon conviction for:
       a.1. Driving, or being in actual physical control of, any
vehicle while under the influence of alcoholic beverages, any
chemical substance set forth in s. 877.111, or any substance
controlled under chapter 893, in violation of s. 316.193;
       b.2. Driving with an unlawful blood- or breath-alcohol
level;
       c.3. Manslaughter resulting from the operation of a motor
vehicle;
       d.4. Failure to stop and render aid as required under the
laws of this state in the event of a motor vehicle crash
resulting in the death or personal injury of another; or
       e.5. Reckless driving; or
       2.(b) As a habitual offender; or
       3.(c) Upon direction of the court, if the court feels that
the seriousness of the offense and the circumstances surrounding
the conviction warrant the revocation of the licensee’s driving
privilege.; or
       (b)(2) A person whose license was suspended under the point
system, was suspended for driving with an unlawful blood-alcohol
level of 0.10 percent or higher before January 1, 1994, was
suspended for driving with an unlawful blood-alcohol level of
0.08 percent or higher after December 31, 1993, was suspended
for a violation of s. 316.193(1), or was suspended for refusing
to submit to a lawful breath, blood, or urine test as provided
in s. 322.2615

shall, before the driving privilege may be reinstated, present
to the department proof of enrollment in a department-approved
advanced driver improvement course operating pursuant to s.
318.1451 or a substance abuse education course conducted by a
DUI program licensed pursuant to s. 322.292, which shall include
a psychosocial evaluation and treatment, if referred.
       (2) Additionally, for a third or subsequent violation of
requirements for installation of an ignition interlock device, a
person must complete treatment as determined by a licensed
treatment agency following a referral by a DUI program and have
the duration of the ignition interlock device requirement
extended by at least 1 month up to the time period required to
complete treatment. If the person fails to complete such course
or evaluation within 90 days after reinstatement, or
subsequently fails to complete treatment, if referred, the DUI
program must shall notify the department of the failure. Upon
receipt of the notice, the department shall cancel the
offender’s driving privilege, notwithstanding the expiration of
the suspension or revocation of the driving privilege. The
department may temporarily reinstate the driving privilege upon
verification from the DUI program that the offender has
completed the education course and evaluation requirement and
has reentered and is currently participating in treatment. If
the DUI program notifies the department of the second failure to
complete treatment, the department shall reinstate the driving
privilege only after notice of completion of treatment from the
DUI program.
       (3) Courses required under this section must include
information on organ donation. The department may adopt rules to
administer this subsection.
       Section 4. Present subsections (13) and (14) of section
379.352, Florida Statutes, are redesignated as subsections (14)
and (15), respectively, and a new subsection (13) is added to
that section, to read:
       379.352 Recreational licenses, permits, and authorization
numbers to take wild animal life, freshwater aquatic life, and
marine life; issuance; costs; reporting.—
       (13) At each location at which hunting, fishing, or
trapping licenses or permits are sold, educational materials
regarding organ donation and registration must be displayed and
made available to the public. Each person who applies for a
hunting, fishing, or trapping license or permit online must be
provided a link to the statewide donor registry operated under
s. 765.5155.
       Section 5. Present subsections (3) and (4) of section
627.6045, Florida Statutes, are redesignated as subsections (4)
and (5), respectively, and a new subsection (3) is added to that
section, to read:
       627.6045 Preexisting condition.—A health insurance policy
must comply with the following:
       (3) A preexisting condition provision may not limit or
exclude coverage solely on the basis that an insured is a living
organ donor.
       Section 6. Paragraph (b) of subsection (3) of section
765.5155, Florida Statutes, is amended to read:
       765.5155 Donor registry; education program.—
       (3) The contractor shall be responsible for:
       (b) A continuing program to educate and inform medical
professionals, law enforcement agencies and officers, other
state and local government employees, high school students,
minorities, and the public about the laws of this state relating
to anatomical gifts and the need for anatomical gifts.
       1. Existing community resources, when available, must be
used to support the program and volunteers may assist the
program to the maximum extent possible.
       2. The contractor shall coordinate with the head of a state
agency or other political subdivision of the state, or his or
her designee, to establish convenient times, dates, and
locations for educating that entity’s employees.
       3. The contractor shall coordinate with the Department of
Business and Professional Regulation to ensure that continuing
education topics on organ donation are available to medical
professionals.
       Section 7. Section 765.521, Florida Statutes, is amended to
read:
       765.521 Donations as part of driver license, or
identification card, or recreational license and permit
process.—
       (1) The agency and the department shall develop and
implement a program encouraging and allowing persons to make
anatomical gifts as a part of the process of issuing
identification cards, and issuing and renewing driver licenses,
and issuing and renewing recreational licenses and permits under
s. 379.352. The donor registration card distributed by the
department must shall include the information required by the
uniform donor card under s. 765.514 and such additional
information as determined necessary by the department. The
department shall also develop and implement a program to
identify donors which includes notations on identification
cards, driver licenses, and driver records, and recreational
licenses or permits or such other methods as the department
develops to clearly indicate the individual’s intent to make an
anatomical gift. A notation on an individual’s driver license,
or identification card, or recreational license or permit that
the individual intends to make an anatomical gift satisfies all
requirements for consent to organ or tissue donation. The agency
shall provide the necessary supplies and forms from funds
appropriated from general revenue or contributions from
interested voluntary, nonprofit organizations. The department
shall provide the necessary recordkeeping system from funds
appropriated from general revenue. The department and the agency
shall incur no liability in connection with the performance of
any acts authorized herein.
       (2) The department shall maintain an integrated link on its
website which refers referring a visitor renewing a driver
license or recreational license or permit or conducting other
business to the donor registry operated under s. 765.5155.
       (3) The department, after consultation with and concurrence
by the agency, shall adopt rules to implement the provisions of
this section in accordance with according to the provisions of
chapter 120.
       (4) The agency may not use funds appropriated for patient
care to administer Funds expended by the agency to carry out the
intent of this section may not be taken from funds appropriated
for patient care.
       Section 8. This act shall take effect July 1, 2024.
Statutes affected: 
S 646 Filed: 322.291, 765.5155, 765.521