reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 760 - Discrimination in the Treatment of Persons; Minority Representation › Part II - Fair Housing Act (Ss. 760.20-760.37) › 760.22 - Definitions.

760.22 Definitions.—As used in ss. 760.20-760.37, the term:
(1) “Commission” means the Florida Commission on Human Relations.
(2) “Covered multifamily dwelling” means:
(a) A building which consists of four or more units and has an elevator; or
(b) The ground floor units of a building which consists of four or more units and does not have an elevator.
(3) “Disability” means:
(a) A person has a physical or mental impairment which substantially limits one or more major life activities, or he or she has a record of having, or is regarded as having, such physical or mental impairment; or
(b) A person has a developmental disability as defined in s. 393.063.
(4) “Discriminatory housing practice” means an act that is unlawful under the terms of ss. 760.20-760.37.
(5) “Dwelling” means any building or structure, or portion thereof, which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location on the land of any such building or structure, or portion thereof.
(6) “Familial status” is established when an individual who has not attained the age of 18 years is domiciled with:
(a) A parent or other person having legal custody of such individual; or
(b) A designee of a parent or other person having legal custody, with the written permission of such parent or other person.
(7) “Family” includes a single individual.
(8) “Person” includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, and fiduciaries.
(9) “Substantially equivalent” means an administrative subdivision of the State of Florida meeting the requirements of 24 C.F.R. part 115, s. 115.6.
(10) “To rent” includes to lease, to sublease, to let, and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.
History.—s. 3, ch. 83-221; s. 1, ch. 84-117; s. 1, ch. 87-106; s. 28, ch. 89-308; s. 1, ch. 89-321; s. 1138, ch. 97-102; s. 5, ch. 2020-76.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 760 - Discrimination in the Treatment of Persons; Minority Representation › Part II - Fair Housing Act (Ss. 760.20-760.37) › 760.24 - Discrimination in the provision of brokerage services.

760.24 Discrimination in the provision of brokerage services.—It is unlawful to deny any person access to, or membership or participation in, any multiple-listing service, real estate brokers’ organization, or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against him or her in the terms or conditions of such access, membership, or participation, on account of race, color, national origin, sex, disability, familial status, or religion.
History.—s. 7, ch. 83-221; s. 3, ch. 84-117; s. 3, ch. 89-321; s. 1139, ch. 97-102; s. 7, ch. 2020-76.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 760 - Discrimination in the Treatment of Persons; Minority Representation › Part II - Fair Housing Act (Ss. 760.20-760.37) › 760.25 - Discrimination in the financing of housing or in residential real estate transactions.

760.25 Discrimination in the financing of housing or in residential real estate transactions.—
(1) It is unlawful for any bank, building and loan association, insurance company, or other corporation, association, firm, or enterprise the business of which consists in whole or in part of the making of commercial real estate loans to deny a loan or other financial assistance to a person applying for the loan for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling, or to discriminate against him or her in the fixing of the amount, interest rate, duration, or other term or condition of such loan or other financial assistance, because of the race, color, national origin, sex, disability, familial status, or religion of such person or of any person associated with him or her in connection with such loan or other financial assistance or the purposes of such loan or other financial assistance, or because of the race, color, national origin, sex, disability, familial status, or religion of the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given.
(2)(a) It is unlawful for any person or entity whose business includes engaging in residential real estate transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, national origin, sex, disability, familial status, or religion.
(b) As used in this subsection, the term “residential real estate transaction” means any of the following:
1. The making or purchasing of loans or providing other financial assistance:
a. For purchasing, constructing, improving, repairing, or maintaining a dwelling; or
b. Secured by residential real estate.
2. The selling, brokering, or appraising of residential real property.
History.—s. 6, ch. 83-221; s. 4, ch. 84-117; s. 4, ch. 89-321; s. 17, ch. 90-275; s. 1140, ch. 97-102; s. 8, ch. 2020-76.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 760 - Discrimination in the Treatment of Persons; Minority Representation › Part II - Fair Housing Act (Ss. 760.20-760.37) › 760.26 - Prohibited discrimination in land use decisions and in permitting of development.

760.26 Prohibited discrimination in land use decisions and in permitting of development.—It is unlawful to discriminate in land use decisions or in the permitting of development based on race, color, national origin, sex, disability, familial status, religion, or, except as otherwise provided by law, the source of financing of a development or proposed development.
History.—s. 16, ch. 2000-353.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 760 - Discrimination in the Treatment of Persons; Minority Representation › Part II - Fair Housing Act (Ss. 760.20-760.37) › 760.30 - Administration of ss. 760.20-760.37.

760.30 Administration of ss. 760.20-760.37.—
(1) The authority and responsibility for administering ss. 760.20-760.37 is in the commission.
(2) The commission may delegate any of its functions, duties, and powers to its employees, including functions, duties, and powers with respect to investigating, conciliating, hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter under ss. 760.20-760.37.
History.—s. 9, ch. 83-221.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 760 - Discrimination in the Treatment of Persons; Minority Representation › Part II - Fair Housing Act (Ss. 760.20-760.37) › 760.31 - Powers and duties of commission.

760.31 Powers and duties of commission.—The commission shall:
(1) Make studies with respect to the nature and extent of discriminatory housing practices in representative urban, suburban, and rural communities throughout the state.
(2) Publish and disseminate reports, recommendations, and information derived from such studies.
(3) Cooperate with and render technical assistance to public or private agencies, organizations, and institutions within the state which are formulating or carrying on programs to prevent or eliminate discriminatory housing practices.
(4) Administer the programs and activities relating to housing in a manner affirmatively to further the policies of ss. 760.20-760.37.
(5) Adopt rules necessary to implement ss. 760.20-760.37 and govern the proceedings of the commission in accordance with chapter 120. Commission rules shall clarify terms used with regard to accessibility for persons with disabilities, exceptions from accessibility requirements based on terrain or site characteristics, and requirements related to housing for older persons.
History.—s. 9, ch. 83-221; s. 6, ch. 89-321; s. 5, ch. 2001-143; s. 10, ch. 2020-76; s. 5, ch. 2020-153.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 760 - Discrimination in the Treatment of Persons; Minority Representation › Part II - Fair Housing Act (Ss. 760.20-760.37) › 760.32 - Investigations; subpoenas; oaths.

760.32 Investigations; subpoenas; oaths.—
(1) In conducting an investigation, the commission shall have access at all reasonable times to premises, records, documents, individuals, and other evidence or possible sources of evidence and may examine, record, and copy such materials and take and record the testimony or statements of such persons as are reasonably necessary for the furtherance of the investigation, provided the commission first complies with the provisions of the State Constitution relating to unreasonable searches and seizures. The commission may issue subpoenas to compel its access to or the production of such materials or the appearance of such persons, and may issue interrogatories to a respondent, to the same extent and subject to the same limitations as would apply if the subpoenas or interrogatories were issued or served in aid of a civil action in court. The commission may administer oaths.
(2) Upon written application to the commission, a respondent shall be entitled to the issuance of a reasonable number of subpoenas by and in the name of the commission to the same extent and subject to the same limitations as subpoenas issued by the commission itself. A subpoena issued at the request of a respondent shall show on its face the name and address of such respondent and shall state that it was issued at her or his request.
(3) Within 5 days after service of a subpoena upon any person, such person may petition the commission to revoke or modify the subpoena. The commission shall grant the petition if it finds that the subpoena requires appearance or attendance at an unreasonable time or place, that it requires production of evidence which does not relate to any matter under investigation, that it does not describe with sufficient particularity the evidence to be produced, or that compliance would be unduly onerous or for other good reason.
(4) In case of refusal to obey a subpoena, the commission or the person at whose request the subpoena was issued may petition for its enforcement in the circuit court for the county in which the person to whom the subpoena was addressed resides, was served, or transacts business.
(5) Witnesses summoned by subpoena of the commission shall be entitled to the same witness and mileage fees as are witnesses in proceedings in court. Fees payable to a witness summoned by a subpoena issued at the request of a respondent shall be paid by the respondent.
History.—s. 9, ch. 83-221; s. 1141, ch. 97-102.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 760 - Discrimination in the Treatment of Persons; Minority Representation › Part II - Fair Housing Act (Ss. 760.20-760.37) › 760.36 - Conciliation agreements.

760.36 Conciliation agreements.—Any conciliation agreement arising out of conciliation efforts by the Florida Commission on Human Relations pursuant to the Fair Housing Act must be agreed to by the respondent and the complainant and is subject to the approval of the commission. Notwithstanding the provisions of s. 760.11(11) and (12), each conciliation agreement arising out of a complaint filed under the Fair Housing Act shall be made public unless the complainant and the respondent otherwise agree and the commission determines that disclosure is not required to further the purposes of the Florida Fair Housing Act.
History.—s. 19, ch. 90-275; s. 9, ch. 92-177; s. 4, ch. 92-282; s. 3, ch. 94-91; s. 419, ch. 96-406.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 760 - Discrimination in the Treatment of Persons; Minority Representation › Part II - Fair Housing Act (Ss. 760.20-760.37) › 760.37 - Interference, coercion, or intimidation; enforcement by administrative or civil action.

760.37 Interference, coercion, or intimidation; enforcement by administrative or civil action.—It is unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise of, or on account of her or his having exercised, or on account of her or his having aided or encouraged any other person in the exercise of any right granted under ss. 760.20-760.37. This section may be enforced by appropriate administrative or civil action.
History.—s. 12, ch. 83-221; s. 9, ch. 89-321; s. 1142, ch. 97-102.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 760 - Discrimination in the Treatment of Persons; Minority Representation › Part III - Miscellaneous Provisions (Ss. 760.40-760.60) › 760.40 - Genetic testing; definitions; express consent required; confidentiality; notice of use of results.

760.40 Genetic testing; definitions; express consent required; confidentiality; notice of use of results.—
(1) As used in this section, the term:
(a) “DNA analysis” means the medical and biological examination and analysis of a person’s DNA to identify the presence and composition of genes in that person’s body. The term includes DNA typing and genetic testing.
(b) “DNA sample” means any human biological specimen from which DNA can be extracted or the DNA extracted from such specimen.
(c) “Exclusive property” means the right of the person whose DNA has been extracted or analyzed to exercise control over his or her DNA sample and any results of his or her DNA analysis with regard to the collection, use, retention, maintenance, disclosure, or destruction of such sample or analysis results.
(d) “Express consent” means authorization by the person whose DNA is to be extracted or analyzed, or such person’s legal guardian or authorized representative, evidenced by an affirmative action demonstrating an intentional decision, after the person receives a clear and prominent disclosure regarding the manner of collection, use, retention, maintenance, or disclosure of a DNA sample or results of a DNA analysis for specified purposes. A single express consent may authorize every instance of a specified purpose or use.
(2) Except as provided in s. 817.5655, a person or entity may only perform DNA analysis with express consent. The results of such DNA analysis, whether held by a public or private entity, are the exclusive property of the person tested, are confidential, and may not be disclosed without express consent. Such information held by a public entity is exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(3) A person who performs DNA analysis or receives records, results, or findings of DNA analysis must provide the person tested with notice that the analysis was performed or that the information was received. The notice must state that, upon the request of the person tested, the information will be made available to his or her physician. The notice must also state whether the information was used in any decision to grant or deny any insurance, employment, mortgage, loan, credit, or educational opportunity. If the information was used in any decision that resulted in a denial, the analysis must be repeated to verify the accuracy of the first analysis, and if the first analysis is found to be inaccurate, the denial must be reviewed.
History.—s. 1, ch. 92-101; s. 10, ch. 93-204; s. 1, ch. 94-90; s. 420, ch. 96-406; s. 1795, ch. 97-102; s. 15, ch. 98-251; s. 7, ch. 2001-127; s. 40, ch. 2005-39; s. 3, ch. 2009-190; s. 2, ch. 2021-216.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 760 - Discrimination in the Treatment of Persons; Minority Representation › Part III - Miscellaneous Provisions (Ss. 760.40-760.60) › 760.51 - Violations of constitutional rights, civil action by the Attorney General; civil penalty.

760.51 Violations of constitutional rights, civil action by the Attorney General; civil penalty.—
(1) Whenever any person, whether or not acting under color of law, interferes by threats, intimidation, or coercion, or attempts to interfere by threats, intimidation, or coercion, with the exercise or enjoyment by any other person of rights secured by the State Constitution or laws of this state, the Attorney General may bring a civil or administrative action for damages, and for injunctive or other appropriate relief for violations of the rights secured. Any damages recovered under this section shall accrue to the injured person. The civil action shall be brought in the name of the state and may be brought on behalf of the injured person. The Attorney General is entitled to an award of reasonable attorney’s fees and costs if the Department of Legal Affairs prevails in an action brought under this section.
(2) Any person who interferes by threats, intimidation, or coercion, or attempts to interfere by threats, intimidation, or coercion, with the exercise or enjoyment by any other person of rights secured by the State Constitution or laws of this state is liable for a civil penalty of not more than $10,000 for each violation. This penalty may be recovered in any action brought under this section by the Attorney General. A civil penalty so collected shall accrue to the state and shall be deposited as received into the General Revenue Fund unallocated.
History.—s. 4, ch. 91-74.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 760 - Discrimination in the Treatment of Persons; Minority Representation › Part III - Miscellaneous Provisions (Ss. 760.40-760.60) › 760.60 - Discriminatory practices of certain clubs prohibited; remedies.

760.60 Discriminatory practices of certain clubs prohibited; remedies.—
(1) It is unlawful for a person to discriminate against any individual because of race, color, religion, gender, national origin, handicap, age above the age of 21, or marital status in evaluating an application for membership in a club that has more than 400 members, that provides regular meal service, and that regularly receives payment for dues, fees, use of space, facilities, services, meals, or beverages directly or indirectly from nonmembers for business purposes. It is unlawful for a person, on behalf of such a club, to publish, circulate, issue, display, post, or mail any advertisement, notice, or solicitation that contains a statement to the effect that the accommodations, advantages, facilities, membership, or privileges of the club are denied to any individual because of race, color, religion, gender, national origin, handicap, age above the age of 21, or marital status. This subsection does not apply to fraternal or benevolent organizations, ethnic clubs, or religious organizations where business activity is not prevalent.
(2) A person who has been discriminated against in violation of this act may file a complaint with the Commission on Human Relations or with the Attorney General’s Office of Civil Rights. A complaint must be in writing and must contain such information and be in such form as the commission requires. Upon receipt of a complaint, the commission or the Attorney General shall provide a copy to the person who represents the club. Within 30 days after receiving a complaint, the commission or the Attorney General shall give notice in writing to the person who filed the complaint if it intends to resolve the complaint. If the commission or the Attorney General decides to resolve the complaint, it shall attempt to eliminate or correct the alleged discriminatory practices of a club by informal methods of conference, conciliation, and persuasion.
(3) If the commission or the Attorney General fails, within 30 days after receiving a complaint filed under subsection (2), to give notice of its intent to resolve the complaint, or if the commission or the Attorney General fails to resolve the complaint within 45 days after giving such notice, the person or the Attorney General on behalf of the person filing the complaint may commence a civil action in a court against the club, its officers, or its members to enforce this section. If the court finds that a discriminatory practice occurs at the club, the court may enjoin the club, its officers, or its members from engaging in such practice or may order other appropriate action.
History.—s. 12, ch. 92-177; s. 6, ch. 2020-153.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 760 - Discrimination in the Treatment of Persons; Minority Representation › Part V - Environmental Equity and Justice (S. 760.854) › 760.854 - Center for Environmental Equity and Justice.

760.854 Center for Environmental Equity and Justice.—
(1) There is hereby established the Center for Environmental Equity and Justice.
(2) The purpose of the center is to conduct and facilitate research, develop policies, and engage in education, training, and community outreach with respect to environmental equity and justice issues.
(3) The Center for Environmental Equity and Justice shall be established at the Florida Agricultural and Mechanical University within the Environmental Sciences Institute.
(4) The Center for Environmental Equity and Justice shall sponsor students to serve as interns at the Department of Health, the Department of Environmental Protection, and other relevant state agencies. The center may enter into a memorandum of understanding with these agencies to address environmental equity and justice issues.
History.—s. 1, ch. 98-304; s. 440, ch. 2011-142.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 761 - Religious Freedom › 761.02 - Definitions.

761.02 Definitions.—As used in this act:
(1) “Government” or “state” includes any branch, department, agency, instrumentality, or official or other person acting under color of law of the state, a county, special district, municipality, or any other subdivision of the state.
(2) “Demonstrates” means to meet the burden of going forward with the evidence and of persuasion.
(3) “Exercise of religion” means an act or refusal to act that is substantially motivated by a religious belief, whether or not the religious exercise is compulsory or central to a larger system of religious belief.
History.—s. 2, ch. 98-412.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 761 - Religious Freedom › 761.03 - Free Exercise of Religion Protected.

761.03 Free exercise of religion protected.—
(1) The government shall not substantially burden a person’s exercise of religion, even if the burden results from a rule of general applicability, except that government may substantially burden a person’s exercise of religion only if it demonstrates that application of the burden to the person:
(a) Is in furtherance of a compelling governmental interest; and
(b) Is the least restrictive means of furthering that compelling governmental interest.
(2) A person whose religious exercise has been burdened in violation of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief.
History.—s. 3, ch. 98-412.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 761 - Religious Freedom › 761.05 - Applicability; Construction.

761.05 Applicability; construction.—
(1) This act applies to all state law, and the implementation of that law, whether statutory or otherwise, and whether adopted before or after the enactment of this act.
(2) State law adopted after the date of the enactment of this act is subject to this act unless such law explicitly excludes such application by reference to this act.
(3) Nothing in this act shall be construed to authorize the government to burden any religious belief.
(4) Nothing in this act shall be construed to circumvent the provisions of chapter 893.
(5) Nothing in this act shall be construed to affect, interpret, or in any way address that portion of s. 3, Art. I of the State Constitution prohibiting laws respecting the establishment of religion.
(6) Nothing in this act shall create any rights by an employee against an employer if the employer is not a governmental agency.
(7) Nothing in this act shall be construed to affect, interpret, or in any way address that portion of s. 3, Art. I of the State Constitution and the First Amendment to the Constitution of the United States respecting the establishment of religion. This act shall not be construed to permit any practice prohibited by those provisions.
History.—s. 5, ch. 98-412.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 761 - Religious Freedom › 761.061 - Rights of Certain Churches or Religious Organizations or Individuals.

761.061 Rights of certain churches or religious organizations or individuals.—
(1) The following individuals or entities may not be required to solemnize any marriage or provide services, accommodations, facilities, goods, or privileges for a purpose related to the solemnization, formation, or celebration of any marriage if such an action would cause the individual or entity to violate a sincerely held religious belief of the individual or entity:
(a) A church;
(b) A religious organization;
(c) A religious corporation or association;
(d) A religious fraternal benefit society;
(e) A religious school or educational institution;
(f) An integrated auxiliary of a church;
(g) An individual employed by a church or religious organization while acting in the scope of that employment;
(h) A clergy member; or
(i) A minister.
(2) A refusal to solemnize any marriage or provide services, accommodations, facilities, goods, or privileges under subsection (1) may not serve as the basis for:
(a) A civil cause of action against any entity or individual protected under subsection (1); or
(b) A civil cause of action, criminal cause of action, or any other action by this state or a political subdivision to penalize or withhold benefits or privileges, including tax exemptions or governmental contracts, grants, or licenses, from any entity or individual protected under subsection (1).
History.—s. 1, ch. 2016-50.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 765 - Health Care Advance Directives › Part I - General Provisions (Ss. 765.101-765.113) › 765.103 - Existing advance directives.

765.103 Existing advance directives.—Any advance directive made prior to October 1, 1999, shall be given effect as executed, provided such directive was legally effective when written.
History.—s. 2, ch. 92-199; s. 18, ch. 99-331.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 765 - Health Care Advance Directives › Part I - General Provisions (Ss. 765.101-765.113) › 765.104 - Amendment or revocation.

765.104 Amendment or revocation.—
(1) An advance directive may be amended or revoked at any time by a competent principal:
(a) By means of a signed, dated writing;
(b) By means of the physical cancellation or destruction of the advance directive by the principal or by another in the principal’s presence and at the principal’s direction;
(c) By means of an oral expression of intent to amend or revoke; or
(d) By means of a subsequently executed advance directive that is materially different from a previously executed advance directive.
(2) Unless otherwise provided in the advance directive or in an order of dissolution or annulment of marriage, the dissolution or annulment of marriage of the principal revokes the designation of the principal’s former spouse as a surrogate.
(3) Any such amendment or revocation will be effective when it is communicated to the surrogate, health care provider, or health care facility. No civil or criminal liability shall be imposed upon any person for a failure to act upon an amendment or revocation unless that person has actual knowledge of such amendment or revocation.
(4) Any patient for whom a medical proxy has been recognized under s. 765.401 and for whom any previous legal disability that precluded the patient’s ability to consent is removed may amend or revoke the recognition of the medical proxy and any uncompleted decision made by that proxy. The amendment or revocation takes effect when it is communicated to the proxy, the health care provider, or the health care facility in writing or, if communicated orally, in the presence of a third person.
History.—s. 2, ch. 92-199; s. 47, ch. 96-169; s. 19, ch. 99-331; s. 12, ch. 2002-195; s. 4, ch. 2015-153.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 765 - Health Care Advance Directives › Part I - General Provisions (Ss. 765.101-765.113) › 765.105 - Review of surrogate or proxy’s decision.

765.105 Review of surrogate or proxy’s decision.—
(1) The patient’s family, the health care facility, or the primary physician, or any other interested person who may reasonably be expected to be directly affected by the surrogate or proxy’s decision concerning any health care decision may seek expedited judicial intervention pursuant to rule 5.900 of the Florida Probate Rules, if that person believes:
(a) The surrogate or proxy’s decision is not in accord with the patient’s known desires or this chapter;
(b) The advance directive is ambiguous, or the patient has changed his or her mind after execution of the advance directive;
(c) The surrogate or proxy was improperly designated or appointed, or the designation of the surrogate is no longer effective or has been revoked;
(d) The surrogate or proxy has failed to discharge duties, or incapacity or illness renders the surrogate or proxy incapable of discharging duties;
(e) The surrogate or proxy has abused his or her powers; or
(f) The patient has sufficient capacity to make his or her own health care decisions.
(2) This section does not apply to a patient who is not incapacitated and who has designated a surrogate who has immediate authority to make health care decisions or receive health information, or both, on behalf of the patient.
History.—s. 2, ch. 92-199; s. 4, ch. 94-183; s. 5, ch. 2015-153; s. 85, ch. 2016-10.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 765 - Health Care Advance Directives › Part I - General Provisions (Ss. 765.101-765.113) › 765.106 - Preservation of existing rights.

765.106 Preservation of existing rights.—The provisions of this chapter are cumulative to the existing law regarding an individual’s right to consent, or refuse to consent, to medical treatment and do not impair any existing rights or responsibilities which a health care provider, a patient, including a minor, competent or incompetent person, or a patient’s family may have under the common law, Federal Constitution, State Constitution, or statutes of this state.
History.—s. 2, ch. 92-199; s. 5, ch. 94-183.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 765 - Health Care Advance Directives › Part I - General Provisions (Ss. 765.101-765.113) › 765.107 - Construction.

765.107 Construction.—
(1) This chapter shall not be construed to repeal by implication any provision of s. 766.103, the Florida Medical Consent Law. For all purposes, the Florida Medical Consent Law shall be considered an alternative to provisions of this section.
(2) Procedures provided in this chapter permitting the withholding or withdrawal of life-prolonging procedures do not apply to a person who never had capacity to designate a health care surrogate or execute a living will.
History.—s. 2, ch. 92-199; s. 20, ch. 99-331.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 765 - Health Care Advance Directives › Part I - General Provisions (Ss. 765.101-765.113) › 765.108 - Effect with respect to insurance.

765.108 Effect with respect to insurance.—The making of an advance directive pursuant to the provisions of this chapter shall not affect the sale, procurement, or issuance of any policy of life insurance, nor shall such making of an advance directive be deemed to modify the terms of an existing policy of life insurance. No policy of life insurance will be legally impaired or invalidated by the withholding or withdrawal of life-prolonging procedures from an insured patient in accordance with the provisions of this chapter, nor by any other treatment decision made according to this chapter, notwithstanding any term of the policy to the contrary. A person shall not be required to make an advance directive as a condition for being insured for, or receiving, health care services.
History.—s. 2, ch. 92-199.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 765 - Health Care Advance Directives › Part I - General Provisions (Ss. 765.101-765.113) › 765.109 - Immunity from liability; weight of proof; presumption.

765.109 Immunity from liability; weight of proof; presumption.—
(1) A health care facility, provider, or other person who acts under the direction of a health care facility or provider is not subject to criminal prosecution or civil liability, and will not be deemed to have engaged in unprofessional conduct, as a result of carrying out a health care decision made in accordance with the provisions of this chapter. The surrogate or proxy who makes a health care decision on a patient’s behalf, pursuant to this chapter, is not subject to criminal prosecution or civil liability for such action.
(2) The provisions of this section shall apply unless it is shown by a preponderance of the evidence that the person authorizing or effectuating a health care decision did not, in good faith, comply with the provisions of this chapter.
History.—s. 2, ch. 92-199.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 765 - Health Care Advance Directives › Part I - General Provisions (Ss. 765.101-765.113) › 765.110 - Health care facilities and providers; discipline.

765.110 Health care facilities and providers; discipline.—
(1) A health care facility, pursuant to Pub. L. No. 101-508, ss. 4206 and 4751, shall provide to each patient written information concerning the individual’s rights concerning advance directives and the health care facility’s policies respecting the implementation of such rights, and shall document in the patient’s medical records whether or not the individual has executed an advance directive.
(2) A health care provider or health care facility may not require a patient to execute an advance directive or to execute a new advance directive using the facility’s or provider’s forms. The patient’s advance directives shall travel with the patient as part of the patient’s medical record.
(3) A health care provider or health care facility shall be subject to professional discipline and revocation of license or certification, and a fine of not more than $1,000 per incident, or both, if the health care provider or health care facility, as a condition of treatment or admission, requires an individual to execute or waive an advance directive.
(4) The Department of Health, in consultation with the Department of Elderly Affairs, for health care providers; the Agency for Health Care Administration for hospitals, hospices, nursing homes, home health agencies, and health maintenance organizations; and the Department of Children and Families for facilities subject to part I of chapter 394 shall adopt rules to implement this section.
History.—s. 2, ch. 92-199; s. 6, ch. 94-183; s. 243, ch. 94-218; s. 48, ch. 96-169; s. 284, ch. 99-8; s. 21, ch. 99-331; s. 293, ch. 2014-19; s. 29, ch. 2019-11.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 765 - Health Care Advance Directives › Part I - General Provisions (Ss. 765.101-765.113) › 765.1103 - Pain management and palliative care.

765.1103 Pain management and palliative care.—
(1) A patient shall be given information concerning pain management and palliative care when he or she discusses with the primary physician, or such physician’s designee, the diagnosis, planned course of treatment, alternatives, risks, or prognosis for his or her illness. If the patient is incapacitated, the information shall be given to the patient’s health care surrogate or proxy, court-appointed guardian as provided in chapter 744, or attorney in fact under a durable power of attorney as provided in chapter 709. The court-appointed guardian or attorney in fact must have been delegated authority to make health care decisions on behalf of the patient.
(2) Health care providers and practitioners regulated under chapter 458, chapter 459, or chapter 464 must, as appropriate, comply with a request for pain management or palliative care from a patient under their care or, for an incapacitated patient under their care, from a surrogate, proxy, guardian, or other representative permitted to make health care decisions for the incapacitated patient. Facilities regulated under chapter 395, chapter 400, or chapter 429 must comply with the pain management or palliative care measures ordered by the patient’s physician.
History.—s. 8, ch. 2000-295; s. 5, ch. 2001-250; s. 134, ch. 2001-277; s. 105, ch. 2006-197; s. 6, ch. 2015-153.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 765 - Health Care Advance Directives › Part I - General Provisions (Ss. 765.101-765.113) › 765.1105 - Transfer of a patient.

765.1105 Transfer of a patient.—
(1) A health care provider or facility that refuses to comply with a patient’s advance directive, or the treatment decision of his or her surrogate or proxy, shall make reasonable efforts to transfer the patient to another health care provider or facility that will comply with the directive or treatment decision. This chapter does not require a health care provider or facility to commit any act which is contrary to the provider’s or facility’s moral or ethical beliefs, if the patient:
(a) Is not in an emergency condition; and
(b) Has received written information upon admission informing the patient of the policies of the health care provider or facility regarding such moral or ethical beliefs.
(2) A health care provider or facility that is unwilling to carry out the wishes of the patient or the treatment decision of his or her surrogate or proxy because of moral or ethical beliefs must within 7 days either:
(a) Transfer the patient to another health care provider or facility. The health care provider or facility shall pay the costs for transporting the patient to another health care provider or facility; or
(b) If the patient has not been transferred, carry out the wishes of the patient or the patient’s surrogate or proxy, unless s. 765.105 applies.
History.—s. 4, ch. 92-199; s. 11, ch. 94-183; s. 1148, ch. 97-102; s. 30, ch. 99-331; s. 7, ch. 2015-153.
Note.—Former s. 765.308.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 765 - Health Care Advance Directives › Part I - General Provisions (Ss. 765.101-765.113) › 765.1115 - Falsification, forgery, or willful concealment, cancellation, or destruction of directive or revocation or amendment; penalties.

765.1115 Falsification, forgery, or willful concealment, cancellation, or destruction of directive or revocation or amendment; penalties.—
(1) Any person who willfully conceals, cancels, defaces, obliterates, or damages an advance directive without the principal’s consent or who falsifies or forges the revocation or amendment of an advance directive of another, and who thereby causes life-prolonging procedures to be utilized in contravention of the previously expressed intent of the principal, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) Any person who falsifies or forges the advance directive of another or who willfully conceals or withholds personal knowledge of the revocation of an advance directive, with the intent to cause a withholding or withdrawal of life-prolonging procedures contrary to the wishes of the principal, and who thereby because of such act directly causes life-prolonging procedures to be withheld or withdrawn and death to be hastened, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 4, ch. 92-199; s. 31, ch. 99-331.
Note.—Former s. 765.310.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 765 - Health Care Advance Directives › Part I - General Provisions (Ss. 765.101-765.113) › 765.112 - Recognition of advance directive executed in another state.

765.112 Recognition of advance directive executed in another state.—An advance directive executed in another state in compliance with the law of that state or of this state is validly executed for the purposes of this chapter.
History.—s. 2, ch. 92-199.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 765 - Health Care Advance Directives › Part I - General Provisions (Ss. 765.101-765.113) › 765.113 - Restrictions on providing consent.

765.113 Restrictions on providing consent.—Unless the principal expressly delegates such authority to the surrogate in writing, or a surrogate or proxy has sought and received court approval pursuant to rule 5.900 of the Florida Probate Rules, a surrogate or proxy may not provide consent for:
(1) Abortion, sterilization, electroshock therapy, psychosurgery, experimental treatments that have not been approved by a federally approved institutional review board in accordance with 45 C.F.R. part 46 or 21 C.F.R. part 56, or voluntary admission to a mental health facility.
(2) Withholding or withdrawing life-prolonging procedures from a pregnant patient prior to viability as defined in s. 390.0111(4).
History.—s. 2, ch. 92-199; s. 7, ch. 94-183; s. 87, ch. 99-3.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 765 - Health Care Advance Directives › Part II - Health Care Surrogate (Ss. 765.201-765.205) › 765.201 - Short title.

765.201 Short title.—Sections 765.202-765.205 may be cited as the “Florida Health Care Surrogate Act.”
History.—s. 3, ch. 92-199.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 765 - Health Care Advance Directives › Part II - Health Care Surrogate (Ss. 765.201-765.205) › 765.202 - Designation of a health care surrogate.

765.202 Designation of a health care surrogate.—
(1) A written document designating a surrogate to make health care decisions for a principal or receive health information on behalf of a principal, or both, shall be signed by the principal in the presence of two subscribing adult witnesses. A principal unable to sign the instrument may, in the presence of witnesses, direct that another person sign the principal’s name as required herein. An exact copy of the instrument shall be provided to the surrogate.
(2) The person designated as surrogate shall not act as witness to the execution of the document designating the health care surrogate. At least one person who acts as a witness shall be neither the principal’s spouse nor blood relative.
(3) A document designating a health care surrogate may also designate an alternate surrogate provided the designation is explicit. The alternate surrogate may assume his or her duties as surrogate for the principal if the original surrogate is not willing, able, or reasonably available to perform his or her duties. The principal’s failure to designate an alternate surrogate shall not invalidate the designation of a surrogate.
(4) If neither the designated surrogate nor the designated alternate surrogate is willing, able, or reasonably available to make health care decisions on behalf of the principal and in accordance with the principal’s instructions, the health care facility may seek the appointment of a proxy pursuant to part IV.
(5) A principal may designate a separate surrogate to consent to mental health treatment in the event that the principal is determined by a court to be incompetent to consent to mental health treatment and a guardian advocate is appointed as provided under s. 394.4598. However, unless the document designating the health care surrogate expressly states otherwise, the court shall assume that the health care surrogate authorized to make health care decisions under this chapter is also the principal’s choice to make decisions regarding mental health treatment.
(6) A principal may stipulate in the document that the authority of the surrogate to receive health information or make health care decisions, or both, is exercisable immediately without the necessity for a determination of incapacity as provided in s. 765.204.
(7) Unless the document states a time of termination, the designation shall remain in effect until revoked by the principal.
(8) A written designation of a health care surrogate executed pursuant to this section establishes a rebuttable presumption of clear and convincing evidence of the principal’s designation of the surrogate.
History.—s. 3, ch. 92-199; s. 8, ch. 94-183; s. 49, ch. 96-169; s. 1797, ch. 97-102; s. 8, ch. 2015-153.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 765 - Health Care Advance Directives › Part II - Health Care Surrogate (Ss. 765.201-765.205) › 765.2035 - Designation of a health care surrogate for a minor.

765.2035 Designation of a health care surrogate for a minor.—
(1) A natural guardian as defined in s. 744.301(1), legal custodian, or legal guardian of the person of a minor may designate a competent adult to serve as a surrogate to make health care decisions for the minor. Such designation shall be made by a written document signed by the minor’s principal in the presence of two subscribing adult witnesses. If a minor’s principal is unable to sign the instrument, the principal may, in the presence of witnesses, direct that another person sign the minor’s principal’s name as required by this subsection. An exact copy of the instrument shall be provided to the surrogate.
(2) The person designated as surrogate may not act as witness to the execution of the document designating the health care surrogate.
(3) A document designating a health care surrogate may also designate an alternate surrogate; however, such designation must be explicit. The alternate surrogate may assume his or her duties as surrogate if the original surrogate is not willing, able, or reasonably available to perform his or her duties. The minor’s principal’s failure to designate an alternate surrogate does not invalidate the designation.
(4) If neither the designated surrogate or the designated alternate surrogate is willing, able, or reasonably available to make health care decisions for the minor on behalf of the minor’s principal and in accordance with the minor’s principal’s instructions, s. 743.0645(2) shall apply as if no surrogate had been designated.
(5) A natural guardian as defined in s. 744.301(1), legal custodian, or legal guardian of the person of a minor may designate a separate surrogate to consent to mental health treatment for the minor. However, unless the document designating the health care surrogate expressly states otherwise, the court shall assume that the health care surrogate authorized to make health care decisions for a minor under this chapter is also the minor’s principal’s choice to make decisions regarding mental health treatment for the minor.
(6) Unless the document states a time of termination, the designation shall remain in effect until revoked by the minor’s principal. An otherwise valid designation of a surrogate for a minor shall not be invalid solely because it was made before the birth of the minor.
(7) A written designation of a health care surrogate executed pursuant to this section establishes a rebuttable presumption of clear and convincing evidence of the minor’s principal’s designation of the surrogate and becomes effective pursuant to s. 743.0645(2)(a).
History.—s. 10, ch. 2015-153.