Rights and legal effect of registered domestic partnership

To the extent not superseded by federal, state, or other city law or ordinance, or contrary to rights conferred by contract or separate legal instrument, registered domestic partners shall have the following rights:

(a)

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 partnership 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.

(b)

Health care decisions. This section pertains to decisions concerning both physical and mental health. 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. Any statutory form, including but not limited to, a living will or health care surrogate designation in the form prescribed by F.S. ch. 765, that is properly executed after the date of registration which contains conflicting designations shall control over the designations by virtue of the registration.

(c)

Funeral/burial decisions. Registry as a domestic partner shall be considered to be written direction by the decedent of his or her intention to have his or her domestic partner direct the disposition of the decedent's body for funeral and burial purposes as provided in F.S. ch. 497, unless the decedent provides conflicting, written inter vivos authorization and directions that are dated after the date of the registration, in which case the later dated authorization and directions shall control.

(d)

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

(e)

Pre-need guardian designation. A person who is a party to a registered domestic partnership, pursuant to section 12-121 above, shall have the same right as any other individual to be designated as a preneed guardian pursuant to F.S. ch. 744, and to serve in such capacity in the event of his or her domestic partner's incapacity. A domestic partner shall not be denied or otherwise be defeated in serving as the plenary guardian of his or her 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.

(f)

Participation in education. To the extent allowed by federal and state law, and in a manner consistent with any applicable court orders or valid agreements or contracts, a registered domestic partner shall have the same rights to participate in the education of a dependent of their 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 provided herein. However, if a biological parent of a minor dependent, whose parental rights have not been terminated, objects to the participation of a non-biological registered domestic partner in education conferences or other dissemination of educational information, only the participation of the biological parents shall be allowed.

(Ord. No. 2012-37, § 6, 4-5-2012; Ord. No. 2012-115, § 2, 10-18-2012; Ord. No. 2015-23, § 5, 3-5-2015)