Florida Statute 765.113 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIV
CIVIL RIGHTS

Chapter 765
HEALTH CARE ADVANCE DIRECTIVES

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F.S. 765.113

765.113 Restrictions on providing consent.—Unless the principal expressly delegates such authority to the surrogate in writing, or a surrogate or proxy has sought and received court approval pursuant to rule 5.900 of the Florida Probate Rules, a surrogate or proxy may not provide consent for:

(1) Abortion, sterilization, electroshock therapy, psychosurgery, experimental treatments that have not been approved by a federally approved institutional review board in accordance with 45 C.F.R. part 46 or 21 C.F.R. part 56, or voluntary admission to a mental health facility.

(2) Withholding or withdrawing life-prolonging procedures from a pregnant patient prior to viability as defined in s. 390.0111(4).

History.—s. 2, ch. 92-199; s. 7, ch. 94-183; s. 87, ch. 99-3.

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Amendments to 765.113

Arrestable Offenses / Crimes under Fla. Stat. 765.113

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 765.113.

Annotations, Discussions, Cases:

Cases Citing Statute 765.113

Total Results: 1

Atwater v. Kortum

Court: Fla. | Date Filed: 2012-07-05T00:00:00-07:00

Citation: 95 So. 3d 85

Snippet: protections of the First Amendment apply.” Id. at 765, 113 S.Ct. 1792. The Supreme Court then reiterated …protections of the First Amendment applies].” Id. at 765, 113 S.Ct. 1792. O’Brien likewise supports the conclusion