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Florida Statute 765.109 - Full Text and Legal Analysis Florida Statute 765.109 | Lawyer Caselaw & Research
Fla. Stat. § 765.109 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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.
History.—s. 2, ch. 92-199.

Cases Citing F.S. 765.109

Fla. Stat. § 765.109 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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Kevin Vericker v. Norman Christopher Powell (Fla. 2025).

Published | Supreme Court of Florida

...See, e.g., § 397.6775, Fla. Stat. (2024) (law enforcement immunity); § 560.116, Fla. Stat. (2024) (money services business immunity); § 631.918, Fla. Stat. (2024) (worker’s compensation immunity); § 684.0045, Fla. Stat. (2024) (arbitrator immunity); § 765.109(1), Fla....

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