§ 42-49. Rights and legal effect of registered domestic partnership.

To the extent not superseded by federal, state, or county law or ordinance, registered domestic partners shall have the following rights:

(1)

Health care facility visitation. The term "health care facility" includes, but is not limited to, hospitals, convalescent facilities, walk-in clinics, doctor's offices, mental health care facilities, and other short and long term facilities located within, or under the jurisdiction of, the city. All health care facilities operating within the city shall allow a registered domestic partner the same visitation rights as a spouse (or parent, if the patient is a dependent of the registered domestic partnership) of the patient. 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 a patient lacks the capacity to make a health care decision, the patient's registered domestic partner shall have the same authority as a spouse to make a health care decision for the incapacitated party to the extent allowed by F.S. § 765.401.

(3)

Funeral/burial decisions. Following the death of a registered domestic partner, the surviving partner shall have the same rights to make decisions with regard to funeral/burial decisions and disposition of the decedent's body as a surviving spouse. The surviving partner shall retain these rights notwithstanding the automatic termination provision of subsection 42-48(c)(3)b.

(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, "notification of family" shall include registered domestic partners.

(5)

Preneed guardian designation. Any person who is registered as a registered domestic partner pursuant to this article shall have the same right as any other individual to be designated as a preneed guardian pursuant to F.S. § 744.3045, and to serve in such capacity in the event of his or her declarant registered domestic partner's incapacity. A registered domestic partner shall not be denied or otherwise be defeated in serving the plenary guardian of his or her registered domestic partner or the partner's property, under the provisions of F.S. ch. 744, to the extent that the incapacitated partner has not executed a valid preneed guardian designation, based solely upon his or her status as the domestic partner of the incapacitated partner.

(Ord. No. 3838-05, § 1, 2-14-2005)