The Florida Senate

765.514  Manner of executing anatomical gifts.--

(1)  A gift of all or part of the body under s. 765.512(1) may be made by will. The gift becomes effective upon the death of the testator without waiting for probate. If the will is not probated or if it is declared invalid for testamentary purposes, the gift is nevertheless valid to the extent that it has been acted upon in good faith.

(2)(a)  A gift of all or part of the body under s. 765.512(1) may also be made by a document other than a will. The gift becomes effective upon the death of the donor. The document must be signed by the donor in the presence of two witnesses who shall sign the document in the donor's presence. If the donor cannot sign, the document may be signed for him or her at the donor's direction and in his or her presence and the presence of two witnesses who must sign the document in the donor's presence. Delivery of the document of gift during the donor's lifetime is not necessary to make the gift valid.

(b)  The following form of written instrument shall be sufficient for any person to give all or part of his or her body for the purposes of this part:

UNIFORM DONOR CARD


The undersigned hereby makes this anatomical gift, if medically acceptable, to take effect on death. The words and marks below indicate my desires:

I give:

(a)  _____ any needed organs or parts;

(b)  _____ only the following organs or parts

 [Specify the organ(s) or part(s)] 

for the purpose of transplantation, therapy, medical research, or education;

(c)  _____ my body for anatomical study if needed. Limitations or special wishes, if any:

 (If applicable, list specific donee) 


Signed by the donor and the following witnesses in the presence of each other:

 (Signature of donor) 

 (Date of birth of donor) 

 (Date signed) 

 (City and State) 

 (Witness) 

 (Witness) 

 (Address) 

 (Address) 

(3)  The gift may be made to a donee specified by name. If the donee is not specified by name, the gift may be accepted by the attending physician as donee upon or following the donor's death. If the gift is made to a specified donee who is not available at the time and place of death, the attending physician may accept the gift as donee upon or following death in the absence of any expressed indication that the donor desired otherwise. However, the Legislature declares that the public policy of this state prohibits restrictions on the possible recipients of an anatomical gift on the basis of race, color, religion, sex, national origin, age, physical handicap, health status, marital status, or economic status, and such restrictions are hereby declared void and unenforceable. The physician who becomes a donee under this subsection shall not participate in the procedures for removing or transplanting a part.

(4)  Notwithstanding s. 765.517(2), the donor may designate in his or her will or other document of gift the surgeon or physician to carry out the appropriate procedures. In the absence of a designation or if the designee is not available, the donee or other person authorized to accept the gift may employ or authorize any surgeon or physician for the purpose.

(5)  Any gift by a member of a class designated in s. 765.512(3) must be made by a document signed by that person or made by that person's witnessed telephonic discussion, telegraphic message, or other recorded message.

History.--s. 1, ch. 74-106; s. 45, ch. 75-220; s. 1, ch. 83-171; s. 2, ch. 94-305; s. 6, ch. 95-423; s. 976, ch. 97-102; s. 8, ch. 98-68; s. 13, ch. 99-331; s. 64, ch. 2001-226.

Note.--Created from former s. 736.25; s. 732.914.