Florida Statutes 765.516 – Donor amendment or revocation of anatomical gift
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(1) A donor may amend the terms of or revoke an anatomical gift by:
(a) The execution and delivery to the donee of a signed statement witnessed by at least two adults, at least one of whom is a disinterested witness.
Terms Used In Florida Statutes 765.516
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Disinterested witness: means a witness other than a person listed in…. See Florida Statutes 765.511
- Document of gift: means any of the documents or mechanisms used in making an anatomical gift under…. See Florida Statutes 765.511
- Donee: The recipient of a gift.
- Donor: The person who makes a gift.
- 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
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- gift: means a donation of all or part of a human body to take effect after the donor's death and to be used for transplantation, therapy, research, or education. See Florida Statutes 765.511
- Hospital: means a hospital licensed, accredited, or approved under the laws of any state and includes a hospital operated by the United States Government or a state, or a subdivision thereof, although not required to be licensed under state laws. See Florida Statutes 765.511
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Physician: means a person licensed pursuant to chapter 458 or chapter 459. See Florida Statutes 765.101
- Primary physician: means a physician designated by an individual or the individual's surrogate, proxy, or agent under a durable power of attorney as provided in chapter 709, to have primary responsibility for the individual's health care or, in the absence of a designation or if the designated physician is not reasonably available, a physician who undertakes the responsibility. See Florida Statutes 765.101
- 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
- Procurement organization: means an organ procurement organization, eye bank, or tissue bank. See Florida Statutes 765.511
- signed: means , with the present intent to authenticate or adopt a record, to execute or adopt a tangible symbol, or attach to or logically associate an electronic symbol, sound, or process with the record. See Florida Statutes 765.511
(b) An oral statement that is made in the presence of two persons, one of whom is not a family member, and communicated to the donor‘s family or attorney or to the donee. An oral statement is effective only if the procurement organization, transplant hospital, or physician or technician has actual notice of the oral amendment or revocation before an incision is made to the decedent‘s body or an invasive procedure to prepare the recipient has begun.
(c) A statement made during a terminal illness or injury addressed to the primary physician, who must communicate the revocation of the gift to the procurement organization.
(d) A signed document found on or about the donor’s person.
(e) Removing his or her name from the donor registry.
(f) A later-executed document of gift which amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.
(g) By the destruction or cancellation of the document of gift or the destruction or cancellation of that portion of the document of gift used to make the gift with the intent to revoke the gift.
(2) Any anatomical gift made by a will may also be amended or revoked in the manner provided for the amendment or revocation of wills or as provided in paragraph (1)(a).