Fla. Stat. 765.304
Procedure for living will
(1)
If a person has made a living will expressing his or her desires concerning life-prolonging procedures, but has not designated a surrogate to execute his or her wishes concerning life-prolonging procedures or designated a surrogate under part II, the person’s primary physician may proceed as directed by the principal in the living will. In the event of a dispute or disagreement concerning the primary physician’s decision to withhold or withdraw life-prolonging procedures, the primary physician shall not withhold or withdraw life-prolonging procedures pending review under s. 765.105. If a review of a disputed decision is not sought within 7 days following the primary physician’s decision to withhold or withdraw life-prolonging procedures, the primary physician may proceed in accordance with the principal’s instructions.(2)
Before proceeding in accordance with the principal’s living will, it must be determined that:The principal does not have a reasonable medical probability of recovering capacity so that the right could be exercised directly by the principal.The principal has a terminal condition, has an end-stage condition, or is in a persistent vegetative state.Any limitations or conditions expressed orally or in a written declaration have been carefully considered and satisfied.(a)
The principal does not have a reasonable medical probability of recovering capacity so that the right could be exercised directly by the principal.(b)
The principal has a terminal condition, has an end-stage condition, or is in a persistent vegetative state.(c)
Any limitations or conditions expressed orally or in a written declaration have been carefully considered and satisfied.
Source:
Section 765.304 — Procedure for living will, https://www.flsenate.gov/Laws/Statutes/2024/0765.304 (accessed Aug. 7, 2025).