§ 41-7. Rights of registered domestic partners.

To the extent not superseded by federal or state laws, registered domestic partners shall have the following rights:

(1)

Health care facility visitation. All health care facilities operating within the county shall honor the registered domestic partnership documentation issued pursuant to this Code as evidence of the relationship and shall allow a registered domestic partner visitation as provided under federal law. A dependent of a registered domestic partner shall have the same visitation rights as a patient's child.

(2)

Health care decisions. This section pertains to decisions concerning both physical and mental health. If the domestic partners specifically elect the health care surrogate option on the affidavit of domestic partnership registry as a domestic partner shall be considered to be written direction by each partner designating the other to make health care decisions for their incapacitated partner, and shall authorize each partner to act as the other's healthcare surrogate as provided in F.S. ch. 765, and otherwise as provided by federal law. Further, no person designated as a health care surrogate shall be denied or otherwise defeated in serving as a health care surrogate based solely upon his or her status as the domestic partner of the partner on whose behalf health care decisions are to be made.

(3)

Funeral/burial decisions. Registry as a domestic partner shall be considered to be written inter vivos authorization and direction by the decedent to have his or her domestic partner direct the disposition of the decedent's body for funeral, burial or cremation purposes as a legally authorized person pursuant to F.S. ch. 497, if the decedent specifically elected to grant such authority on the affidavit of domestic partnership. If the decedent provides conflicting written inter vivos authorization and directions that are dated after the affidavit of domestic partnership, the later dated authorization and directions shall control.

(4)

Notification of family members. In any situation providing for mandatory or permissible notification of family members, including, but not limited to, notification of family members in an emergency, or when permission is granted to inmates to contact family members, such notification shall include a registered domestic partner.

(5)

Pre-need guardian designation. If specific election is made for pre-need guardianship on the affidavit of domestic partnership, any person who is registered as a domestic partner pursuant to this article shall have the same right as any other individual to be designated as a pre-need guardian pursuant to F.S. § 744.3045, as amended, and to serve in such capacity, unless otherwise provided by law. In the event one registered domestic partner becomes incapacitated and has not executed a valid pre-need guardian designation, the other registered domestic partner shall not be denied the opportunity to serve as the plenary guardian, as that term is defined in F.S. ch. 744, of his or her domestic partner or the partner's property, based solely upon his or her status as a registered domestic partner.

(6)

Correctional facility visitation rights. Any person who is a party to a registered domestic partnership, pursuant to this section, shall be entitled to visit his or her domestic partner, or other family member of the domestic partner, who is an inmate at a county correctional facility under the same terms and conditions which such visitation is afforded to spouses, children or parents of inmates. Visitation rights provided by this section shall extend to any children of the domestic partner, and the domestic partners of an inmate's parents or children.

(7)

Participation in education. To the extent allowed by federal and state law, a registered domestic partner shall have the same rights to participate in the education of a dependent of the registered domestic partnership as a biological parent to participate in the education of their child, in all educational facilities located within or under the jurisdiction of the county. However, if a biological parent of a minor dependent, whose parental rights have not been terminated, objects to the participation of a nonbiological registered domestic partner in education conferences or other dissemination of educational information, only the participation of the biological parents shall be allowed.

(Ord. No. 2012-09, § I, 5-17-12)