§ 22-74. Rights and duties of support persons.

To the extent not superseded by federal, state or other county law or ordinance, and to the extent not contrary to rights conferred by contract or separate legal instrument, a designating person who has designated a support person in accordance with section 22-75, below, shall be deemed to have conferred upon the support person the following rights with respect to the designating person, unless the designating person indicates otherwise under section 22-75(b), below:

(a)

Health care facility visitation.

(1)

All health care facilities operating within Orange County shall allow the support person visitation as provided under federal law.

(2)

All health care facilities operating within Orange County shall also allow visitation as provided under federal law to dependents of those support persons who are also registered domestic partners.

(b)

Health care decisions. A designating person's designation of a support person shall be sufficient to recognize the support person as the designating person's health care surrogate as provided in F.S. ch. 765, and otherwise as provided by federal law.

(c)

Funeral/burial decisions. A designating person's designation of a support person under this article shall be considered to be the written inter vivos authorization and direction to have his or her support person direct the disposition of the designating person's body for funeral and burial purposes as provided in F.S. chs. 406, 497 and 732, unless the designating person had otherwise provided conflicting written inter vivos authorization and directions that are dated after the date of the designation by the designating person of the support person pursuant to this article, in which case the later dated authorization and direction shall control.

(d)

Correctional facility visitation rights.

(1)

Any support person designated by a designating person under this article shall be entitled to visit the designating person, if the designating person is an inmate of a correctional facility located within Orange County, upon the same terms and conditions under which visitation is afforded to spouses, dependents, or parents of inmates.

(2)

Support persons and designating persons who are also registered domestic partners will also be entitled to visit or be visited by family members of the support person or designating person upon the same terms and conditions under which visitation is afforded to spouses, dependents, or parents of inmates.

(e)

Emergency notification. In any situation providing for mandatory or permissible notification, including, but not limited to, notification in an emergency, or when permission is granted to correctional facility inmates to contact family members, notification shall include support persons, so long as adequate contact information for the support person is provided by the designating person.

(f)

Preneed guardian designation. The person who has been designated as a support person pursuant to this article 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 the designating person's incapacity.

(g)

Participation in education. To the extent allowed by federal and state law, a support person as defined by this article shall have the same rights as would a parent of the child to access educational records and to be involved in the myriad of proceedings and decisions related to the education of a minor child or children who are the dependents of a designated person in all educational facilities located within or under the jurisdiction of Orange County. However, if a parent of a minor dependent of the designating person, whose parental rights have not been terminated, objects to the participation of a support person who is not a parent of the designating person's dependent, only the participation of the parent shall be allowed.

(Ord. No. 2012-09 , § 4, 5-22-12)