(1) The Legislature finds that:
(a) There is a shortage of organ and tissue donors in this state willing to provide the organs and tissue that could save lives or enhance the quality of life for many persons.
Terms Used In Florida Statutes 765.5155
- Agency: means the Agency for Health Care Administration. See Florida Statutes 765.511
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Highway Safety and Motor Vehicles. See Florida Statutes 765.511
- Donor: means an individual who makes an anatomical gift of all or part of his or her body. See Florida Statutes 765.511
- Donor registry: means a database that contains records of anatomical gifts and amendments to, or revocations of, such gifts. See Florida Statutes 765.511
- Health care: means care, services, or supplies related to the health of an individual and includes, but is not limited to, preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care, and counseling, service, assessment, or procedure with respect to the individual's physical or mental condition or functional status or that affect the structure or function of the individual's body. See Florida Statutes 765.101
- political subdivision: include counties, cities, towns, villages, special tax school districts, special road and bridge districts, bridge districts, and all other districts in this state. See Florida Statutes 88.6011
- Procurement: means any retrieval, recovery, processing, storage, or distribution of human organs or tissues for transplantation, therapy, research, or education. See Florida Statutes 765.511
(b) There is a need to encourage the various minority populations of this state to donate organs and tissue.
(c) A statewide donor registry having an online donor registration process coupled with an enhanced program of donor education will lead to an increase in the number of organ and tissue donors registered in this state, thus affording more persons who are awaiting organ or tissue transplants the opportunity for a full and productive life.
(2) The agency and the department shall jointly contract for the operation of a donor registry and education program. The contractor shall be procured by competitive solicitation pursuant to chapter 287, notwithstanding an exemption under s. 287.057(3)(e). When awarding the contract, priority shall be given to existing nonprofit groups that are based within the state, have expertise working with procurement organizations, have expertise in conducting statewide organ and tissue donor public education campaigns, and represent the needs of the organ and tissue donation community in the state.
(3) The contractor shall be responsible for:
(a) The development, implementation, and maintenance of an interactive web-based donor registry that, through electronic means, allows for online organ donor registration and the recording of organ and tissue donation records submitted through the driver license identification program or through other sources.
1. The registry must be maintained in a manner that allows, through electronic and telephonic methods, immediate access to organ and tissue donation records 24 hours a day, 7 days a week.
2. Access to the registry must be through coded and secure means to protect the integrity of the data in the registry.
(b) A continuing program to educate and inform medical professionals, law enforcement agencies and officers, other state and local government employees, high school students, minorities, and the public about the laws of this state relating to anatomical gifts and the need for anatomical gifts.
1. Existing community resources, when available, must be used to support the program and volunteers may assist the program to the maximum extent possible.
2. The contractor shall coordinate with the head of a state agency or other political subdivision of the state, or his or her designee, to establish convenient times, dates, and locations for educating that entity’s employees.
(c) Preparing and submitting an annual written report to the agency by December 31 of each year. The report must include:
1. The number of donors on the registry and an analysis of the registration rates by location and method of donation;
2. The characteristics of donors as determined from registry information submitted directly by the donors or by the department;
3. The annual dollar amount of voluntary contributions received by the contractor;
4. A description of the educational campaigns and initiatives implemented during the year and an evaluation of their effectiveness in increasing enrollment on the registry; and
5. An analysis of Florida’s registry compared with other states’ donor registries.
(4) Costs for the donor registry and education program shall be paid by the agency from the funds deposited into the Health Care Trust Fund pursuant to ss. 320.08047 and 322.08, which are designated for maintaining the donor registry and education program. In addition, the contractor may receive and use voluntary contributions to help support the registry and provide education.
(5) The donor registry established by this section is designated as the “Joshua Abbott Organ and Tissue Registry.”