§ 15-35. Rights and legal effect of registered domestic partnership.

To the extent not superseded or preempted by federal law, state law, or other city code or ordinance, or contrary to rights conferred by contract or separate legal instrument, registered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 City 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 registered 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 forms prescribed by F.S. ch. 765, that is properly executed after the date of registration which contain conflicting designations shall control over the designations made by virtue of the domestic partnership 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 authorization and directions during his or her lifetime that are dated after the date of the domestic partnership 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)

Preneed guardian designation. Registered domestic partners shall have the same rights 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 registered domestic partner shall not be denied or otherwise be defeated in serving as the preneed guardian of his or her domestic partner or the partner's property under the provisions of F.S. ch. 744, based solely upon his or her status as the domestic partner of the incapacitated partner, to the extent that the incapacitated partner has not executed a valid preneed guardian designation after the date of the domestic partnership registration.

(f)

Participation in education. To the extent allowed by federal and state law, and in a manner consistent with any applicable court orders, agreements or contracts, a registered domestic partner shall have the same rights as a parent to participate in the education of a dependent of the registered domestic partnership in all educational facilities located within or under the jurisdiction of the City. Any right to participate in the education of a dependent of the registered domestic partnership shall be exercised consistent with applicable policies and procedures of the Pinellas County School District.

(g)

Correctional facility visitation rights. Any registered domestic partner shall be entitled to visit his or her domestic partner, or other immediate family member of the domestic partner, who is an inmate at a correctional facility located within the City, upon the same terms and conditions under which visitation is afforded to an inmate's immediately family member as defined by Florida law.

(Ord. No. 24-H, § 1, 6-7-2012)