Florida Statutes
Fla. Stat. § 382.009 (2025)
Recognition of brain death under certain circumstances.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
382.009 Recognition of brain death under certain circumstances.—
(1) For legal and medical purposes, where respiratory and circulatory functions are maintained by artificial means of support so as to preclude a determination that these functions have ceased, the occurrence of death may be determined where there is the irreversible cessation of the functioning of the entire brain, including the brain stem, determined in accordance with this section.
(2) Determination of death pursuant to this section must be made in accordance with currently accepted reasonable medical standards.
(a) If the patient’s treating health care practitioner is a physician licensed under chapter 458 or chapter 459, the determination must be made by that physician and a second physician licensed under chapter 458 or chapter 459 who is a board-eligible or board-certified neurologist, neurosurgeon, internist, family medicine physician, pediatrician, surgeon, or anesthesiologist.
(b) If the patient’s treating health care practitioner is an autonomous advanced practice registered nurse registered under s. 464.0123, the determination must be made by that practitioner and two physicians licensed under chapter 458 or chapter 459. Each physician must be a board-eligible or board-certified neurologist, neurosurgeon, internist, family medicine physician, pediatrician, surgeon, or anesthesiologist.
(3) The next of kin of the patient shall be notified as soon as practicable of the procedures to determine death under this section. The medical records shall reflect such notice; if such notice has not been given, the medical records shall reflect the attempts to identify and notify the next of kin.
(4) No recovery shall be allowed nor shall criminal proceedings be instituted in any court in this state against a physician or licensed medical facility that makes a determination of death in accordance with this section or which acts in reliance thereon, if such determination is made in accordance with the accepted standard of care for such physician or facility set forth in s. 766.102. Except for a diagnosis of brain death, the standard set forth in this section is not the exclusive standard for determining death or for the withdrawal of life support systems.
Note.—Former s. 382.085.
Notes of Decisions
Cited in 5
cases, 1989–2012 · leading case: In Re T.A.C.P., 609 So. 2d 588 (Fla. 1992).
In Re T.A.C.P., 609 So. 2d 588 (Fla. 1992). “Common Law & Policy Initially, we must start by recognizing that section 382.009, Florida Statutes (1991), provides a method for determining death in those cases in which a person’s respiratory and circulatory functions are maintained artificially.”
Patrick Ayton v. Eric Holder, Jr., 686 F.3d 331 (5th Cir. 2012). “” Fla. Stat. § 382.009 (1). Individuals in a persistent vegetative state, or a coma, are not brain dead and retain lower brain functions.”
Griffith v. State, 548 So. 2d 244 (Fla. 3d DCA 1989). “085(1), Florida Statutes (1985) (renumbered section 382.009, Florida Statutes (1987)) because her respiratory and circulatory functions were not maintained by artificial means of support and because there was no termination of the functioning of the entire brain.”
In Re Tacp, 609 So. 2d 588 (Fla. 1992). “Common Law & Policy Initially, we must start by recognizing that section 382.009, Florida Statutes (1991), provides a method for determining death in those cases in which a person's respiratory and circulatory functions are maintained artificially.”
Griffith v. State, 548 So. 2d 244 (Fla. 3d DCA 1989). “-085(1), Florida Statutes (1985) (renumbered section 382.009, Florida Statutes (1987)) because her respiratory and circulatory functions were not maintained by artificial means of support and because there was no termination of the functioning of the entire brain.”
— 382.009(1) — 2 cases
In Re T.A.C.P., 609 So. 2d 588 (Fla. 1992). “Common Law & Policy Initially, we must start by recognizing that section 382.009, Florida Statutes (1991), provides a method for determining death in those cases in which a person’s respiratory and circulatory functions are maintained artificially.”
In Re Tacp, 609 So. 2d 588 (Fla. 1992). “Common Law & Policy Initially, we must start by recognizing that section 382.009, Florida Statutes (1991), provides a method for determining death in those cases in which a person's respiratory and circulatory functions are maintained artificially.”
— 382.009(4) — 2 cases
In Re T.A.C.P., 609 So. 2d 588 (Fla. 1992). “Common Law & Policy Initially, we must start by recognizing that section 382.009, Florida Statutes (1991), provides a method for determining death in those cases in which a person’s respiratory and circulatory functions are maintained artificially.”
In Re Tacp, 609 So. 2d 588 (Fla. 1992). “Common Law & Policy Initially, we must start by recognizing that section 382.009, Florida Statutes (1991), provides a method for determining death in those cases in which a person's respiratory and circulatory functions are maintained artificially.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.