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Florida Statute 765.106 - Full Text and Legal Analysis Florida Statute 765.106 | Lawyer Caselaw & Research
Fla. Stat. § 765.106 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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.

Cases Citing F.S. 765.106

Fla. Stat. § 765.106 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·Blankfeld v. Richmond Health Care, Inc., 902 So. 2d 296 (Fla. 4th DCA 2005).

Cited 41 times | Published | Florida 4th District Court of Appeal | 2005 WL 1226070

...(c) The right of access to all records of the principal reasonably necessary for a health care surrogate to make decisions involving health care and to apply for benefits. (d) The decision to make an anatomical gift pursuant to part X of chapter 732. Section 765.106, provides: "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 ......
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Quote AuthoritySmith v. Quality Carriers, Inc. (2025)
phrase: "see also"
Cited as authorityMANOR OAKS, INC. d/b/a MANOR OAKS NURSING & REHABILITATION CENTER v. ROSEMARIE CAMPBELL, as Personal Representative of the ESTATE OF STANLEY CHANSON (2019)
Cited as authorityAnderson v. Taylor Morrison of Florida, Inc. (2017)
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·Wax v. Tenet Health Sys. Hospitals, Inc., 955 So. 2d 1 (Fla. 4th DCA 2007).

Cited 1 times | Published | Florida 4th District Court of Appeal | 2006 WL 1329698

...See § 765.102(1), Fla. Stat. (2005) ("The Legislature finds that every competent adult has the fundamental right of self-determination regarding decisions pertaining to his or her own health, including the right to choose or refuse medical treatment."); and § 765.106, Fla....
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CitedWeston v. Buc-ee's Florida, LLC (2025)
phrase: "see"
Cited as authorityPablo Guzman, M.D. and Holy Cross Hospital, Inc. v. Maria Joanna Lazzari, the Plenary Guardian of the Person and Property of Morela Lazzari (2024)
Cited as authorityTabraue III v. Doctors Hospital (2019)
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This Florida statute resource is curated by Graham Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.