The Florida Senate

765.512  Persons who may make an anatomical gift.--

(1)  Any person who may make a will may give all or part of his or her body for any purpose specified in s. 765.510, the gift to take effect upon death. An anatomical gift made by an adult donor and not revoked by the donor as provided in s. 765.516 is irrevocable after the donor's death. A family member, guardian, representative ad litem, or health care surrogate of an adult donor who has made an anatomical gift pursuant to subsection (2) may not modify, deny, or prevent a donor's wish or intent to make an anatomical gift from being made after the donor's death.

(2)  If the decedent has executed an agreement concerning an anatomical gift, by signing an organ and tissue donor card, by expressing his or her wish to donate in a living will or advance directive, or by signifying his or her intent to donate on his or her driver's license or in some other written form has indicated his or her wish to make an anatomical gift, and in the absence of actual notice of contrary indications by the decedent, the document is evidence of legally sufficient informed consent to donate an anatomical gift and is legally binding. Any surrogate designated by the decedent pursuant to part II of this chapter may give all or any part of the decedent's body for any purpose specified in s. 765.510

(3)  If the decedent has not executed an agreement concerning an anatomical gift or designated a surrogate pursuant to part II of this chapter to make an anatomical gift pursuant to the conditions of subsection (2), a member of one of the classes of persons listed below, in the order of priority stated and in the absence of actual notice of contrary indications by the decedent or actual notice of opposition by a member of the same or a prior class, may give all or any part of the decedent's body for any purpose specified in s. 765.510:

(a)  The spouse of the decedent;

(b)  An adult son or daughter of the decedent;

(c)  Either parent of the decedent;

(d)  An adult brother or sister of the decedent;

(e)  A grandparent of the decedent;

(f)  A guardian of the person of the decedent at the time of his or her death; or

(g)  A representative ad litem who shall be appointed by a court of competent jurisdiction forthwith upon a petition heard ex parte filed by any person, which representative ad litem shall ascertain that no person of higher priority exists who objects to the gift of all or any part of the decedent's body and that no evidence exists of the decedent's having made a communication expressing a desire that his or her body or body parts not be donated upon death;

but no gift shall be made by the spouse if any adult son or daughter objects, and provided that those of higher priority, if they are reasonably available, have been contacted and made aware of the proposed gift, and further provided that a reasonable search is made to show that there would have been no objection on religious grounds by the decedent.

(4)  If the donee has actual notice of contrary indications by the decedent or, in the case of a spouse making the gift, an objection of an adult son or daughter or actual notice that a gift by a member of a class is opposed by a member of the same or a prior class, the donee shall not accept the gift.

(5)  The person authorized by subsection (3) may make the gift after the decedent's death or immediately before the decedent's death.

(6)  A gift of all or part of a body authorizes:

(a)  Any examination necessary to assure medical acceptability of the gift for the purposes intended.

(b)  The decedent's medical provider, family, or a third party to furnish medical records requested concerning the decedent's medical and social history.

(7)  Once the gift has been made, the rights of the donee are paramount to the rights of others, except as provided by s. 765.517

History.--s. 1, ch. 74-106; s. 45, ch. 75-220; s. 4, ch. 84-264; s. 62, ch. 85-62; s. 5, ch. 95-423; s. 974, ch. 97-102; s. 6, ch. 98-68; s. 12, ch. 99-331; s. 62, ch. 2001-226; s. 2, ch. 2003-46.

Note.--Created from former s. 736.23; s. 732.912.