Florida Statutes
Fla. Stat. § 765.109 (2025)
Immunity from liability; weight of proof; presumption.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2025–2025 · leading case: Kevin Vericker v. Norman Christopher Powell (Fla. 2025).
Kevin Vericker v. Norman Christopher Powell (Fla. 2025). “(2024) (arbitrator immunity); § 765.109(1), Fla. Stat. (2024) (health care facility or provider immunity); § 768.”
— 765.109(1) — 1 case
Kevin Vericker v. Norman Christopher Powell (Fla. 2025). “(2024) (arbitrator immunity); § 765.109(1), Fla. Stat. (2024) (health care facility or provider immunity); § 768.”
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