Part I General Provisions 765.101 – 765.113
Part II Health Care Surrogate 765.201 – 765.205
Part III Life-Prolonging Procedures 765.301 – 765.309
Part IV Absence of Advance Directive 765.401 – 765.404
Part V Anatomical Gifts 765.510 – 765.547

Terms Used In Florida Statutes > Chapter 765

  • Advance directive: means a witnessed written document or oral statement in which instructions are given by a principal or in which the principal's desires are expressed concerning any aspect of the principal's health care or health information, and includes, but is not limited to, the designation of a health care surrogate, a living will, or an anatomical gift made pursuant to part V of this chapter. See Florida Statutes 765.101
  • Agency: means the Agency for Health Care Administration. See Florida Statutes 765.511
  • Ammunition: means an object consisting of all of the following:
    (a) A fixed metallic or nonmetallic hull or casing containing a primer. See Florida Statutes 744.616
  • Attending physician: means the physician who has primary responsibility for the treatment and care of the patient while the patient receives such treatment or care in a hospital as defined in…. See Florida Statutes 765.101
  • body part: means an organ, eye, or tissue of a human being. See Florida Statutes 765.511
  • Close personal friend: means any person 18 years of age or older who has exhibited special care and concern for the patient, and who presents an affidavit to the health care facility or to the primary physician stating that he or she is a friend of the patient; is willing and able to become involved in the patient's health care; and has maintained such regular contact with the patient so as to be familiar with the patient's activities, health, and religious or moral beliefs. See Florida Statutes 765.101
  • Consent: means intelligent, knowing, and voluntary consent and does not include coerced submission. See Florida Statutes 765.204
  • Death: means the absence of life as determined, in accordance with currently accepted medical standards, by the irreversible cessation of all respiration and circulatory function, or as determined, in accordance with…. See Florida Statutes 765.511
  • Decedent: means a deceased individual whose body or body parts may be, or are, the source of an anatomical gift. See Florida Statutes 765.511
  • declaration: means :
    (a) A witnessed document in writing, voluntarily executed by the principal in accordance with…. See Florida Statutes 765.101
  • Department: means the Department of Highway Safety and Motor Vehicles. See Florida Statutes 765.511
  • Disinterested witness: means a witness other than a person listed in…. See Florida Statutes 765.511
  • Distributor: means any person engaged in the business of selling sparklers to a wholesaler. See Florida Statutes 765.109
  • Division: means the Division of the State Fire Marshal of the Department of Financial Services. See Florida Statutes 765.109
  • Document of gift: means any of the documents or mechanisms used in making an anatomical gift under…. 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
  • End-stage condition: means an irreversible condition that is caused by injury, disease, or illness which has resulted in progressively severe and permanent deterioration, and which, to a reasonable degree of medical probability, treatment of the condition would be ineffective. See Florida Statutes 765.101
  • Explosive: means any chemical compound or mixture that has the property of yielding readily to combustion or oxidation upon application of heat, flame, or shock, including but not limited to dynamite, nitroglycerin, trinitrotoluene, or ammonium nitrate when combined with other ingredients to form an explosive mixture, blasting caps, and detonators; but not including:
    (a) Shotgun shells, cartridges, or ammunition for firearms;
    (b) Fireworks as defined in…. See Florida Statutes 744.616
  • Eye bank: means an entity that is accredited by the Eye Bank Association of America or otherwise regulated under federal or state law to engage in the retrieval, screening, testing, processing, storage, or distribution of human eye tissue. See Florida Statutes 765.511
  • Firearm: means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. See Florida Statutes 744.616
  • Fireworks: means and includes any combustible or explosive composition or substance or combination of substances or, except as hereinafter provided, any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation. See Florida Statutes 765.109
  • 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
  • Guardian: means a person appointed pursuant to chapter 744. 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
  • Health care decision: means :
    (a) Informed consent, refusal of consent, or withdrawal of consent to any and all health care, including life-prolonging procedures and mental health treatment, unless otherwise stated in the advance directives. See Florida Statutes 765.101
  • Health care facility: means a hospital, nursing home, hospice, home health agency, or health maintenance organization licensed in this state, or any facility subject to part I of chapter 394. See Florida Statutes 765.101
  • Health information: means any information, whether oral or recorded in any form or medium, as defined in 45 C. See Florida Statutes 765.101
  • 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
  • Identification card: means an official identification card issued by a governmental entity, state agency, or subdivision thereof. See Florida Statutes 765.511
  • incompetent: means the patient is physically or mentally unable to communicate a willful and knowing health care decision. See Florida Statutes 765.101
  • Informed consent: means consent voluntarily given by a person after a sufficient explanation and disclosure of the subject matter involved to enable that person to have a general understanding of the treatment or procedure and the medically acceptable alternatives, including the substantial risks and hazards inherent in the proposed treatment or procedures, and to make a knowing health care decision without coercion or undue influence. See Florida Statutes 765.101
  • Law enforcement officer: means :
    (a) All officers or employees of the United States or the State of Florida, or any agency, commission, department, board, division, municipality, or subdivision thereof, who have authority to make arrests;
    (b) Officers or employees of the United States or the State of Florida, or any agency, commission, department, board, division, municipality, or subdivision thereof, duly authorized to carry a concealed weapon;
    (c) Members of the Armed Forces of the United States, the organized reserves, state militia, or Florida National Guard, when on duty, when preparing themselves for, or going to or from, military duty, or under orders;
    (d) An employee of the state prisons or correctional systems who has been so designated by the Department of Corrections or by a warden of an institution;
    (e) All peace officers;
    (f) All state attorneys and United States attorneys and their respective assistants and investigators. See Florida Statutes 744.616
  • Life-prolonging procedure: means any medical procedure, treatment, or intervention, including artificially provided sustenance and hydration, which sustains, restores, or supplants a spontaneous vital function. See Florida Statutes 765.101
  • Manufacturer: means any person engaged in the manufacture or construction of sparklers in this state. See Florida Statutes 765.109
  • minor: includes any person who has not attained the age of 18 years. See Florida Statutes 88.6011
  • Offender: means a person accused of a sexual offense in violation of a provision of this chapter. See Florida Statutes 765.204
  • Organ procurement organization: means an entity that is designated as an organ procurement organization by the Secretary of the United States Department of Health and Human Services and that engages in the retrieval, screening, testing, processing, storage, or distribution of human organs. See Florida Statutes 765.511
  • Persistent vegetative state: means a permanent and irreversible condition of unconsciousness in which there is:
    (a) The absence of voluntary action or cognitive behavior of any kind. See Florida Statutes 765.101
  • 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 88.6011
  • Physician: means a person licensed pursuant to chapter 458 or chapter 459. 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
  • 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
  • Principal: means a competent adult executing an advance directive and on whose behalf health care decisions are to be made or health care information is to be received, or both. 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
  • provider: means any person licensed, certified, or otherwise authorized by law to administer health care in the ordinary course of business or practice of a profession. See Florida Statutes 765.101
  • Proxy: means a competent adult who has not been expressly designated to make health care decisions for a particular incapacitated individual, but who, nevertheless, is authorized pursuant to…. See Florida Statutes 765.101
  • Reasonably available: means readily able to be contacted without undue effort and willing and able to act in a timely manner considering the urgency of the patient's health care needs. See Florida Statutes 765.101
  • Reasonably available: means able to be contacted by a procurement organization in a timely manner without undue effort, and willing and able to act in a manner consistent with existing medical protocols necessary for the making of an anatomical gift. See Florida Statutes 765.511
  • Retailer: means any person who, at a fixed place of business, is engaged in selling sparklers to consumers at retail. See Florida Statutes 765.109
  • Seasonal retailer: means any person engaged in the business of selling sparklers at retail in this state from June 20 through July 5 and from December 10 through January 2 of each year. See Florida Statutes 765.109
  • Serious personal injury: means great bodily harm or pain, permanent disability, or permanent disfigurement. See Florida Statutes 765.204
  • Sexual battery: means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual battery does not include an act done for a bona fide medical purpose. See Florida Statutes 765.204
  • 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
  • Sparkler: means a device which emits showers of sparks upon burning, does not contain any explosive compounds, does not detonate or explode, is handheld or ground based, cannot propel itself through the air, and contains not more than 100 grams of the chemical compound which produces sparks upon burning. See Florida Statutes 765.109
  • storage facility: means a facility licensed, accredited, or approved under the laws of any state for storage of human bodies or body parts. See Florida Statutes 765.511
  • Surrogate: means any competent adult expressly designated by a principal to make health care decisions and to receive health information. See Florida Statutes 765.101
  • Terminal condition: means a condition caused by injury, disease, or illness from which there is no reasonable medical probability of recovery and which, without treatment, can be expected to cause death. See Florida Statutes 765.101
  • Tissue bank: means an entity that is accredited by the American Association of Tissue Banks or otherwise regulated under federal or state law to engage in the retrieval, screening, testing, processing, storage, or distribution of human tissue. See Florida Statutes 765.511
  • Victim: means a person who has been the object of a sexual offense. See Florida Statutes 765.204
  • Weapon: means any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife. See Florida Statutes 744.616
  • Wholesaler: means any person engaged in the business of selling sparklers to a retailer. See Florida Statutes 765.109
  • writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 88.6011