Florida Statute 765.514
“Manner of making anatomical gifts”
What it means
A person may make an anatomical gift under s. 765.512(1) in any of six ways: (a) signing an organ and tissue donor card; (b) registering online with the donor registry; (c) signifying intent to donate on a driver license or identification card, where revocation, suspension, expiration, or cancellation of the license or card does not invalidate the gift; (d) expressing the wish in a living will or other advance directive; (e) executing a will with an anatomical gift provision; or (f) expressing the wish in a document other than a will.
A will gift becomes effective on the testator's death without waiting for probate. If the will is not probated or is declared invalid for testamentary purposes, the gift is still valid to the extent it was acted on in good faith.
A document other than a will must be signed by the donor in the presence of two witnesses, who sign in the donor's presence. If the donor cannot sign, another person may sign at the donor's direction, in the donor's presence and the presence of two witnesses. Delivery during the donor's lifetime is not necessary.
A gift may be made to a donee listed in s. 765.513, and the donee may be named. A gift by a designated health care surrogate or a member of a class in s. 765.512(3) must be made by a document that person signed or by a witnessed telephonic discussion, telegraphic message, or other recorded message.
- Six methods: donor card, online registry, driver license or ID, living will or advance directive, will, and a signed two-witness document (§ 765.514(1)(a)-(f)).
- A license or ID designation is not invalidated by revocation, suspension, expiration, or cancellation of the license or card (§ 765.514(1)(c)).
- A will gift is effective at death without waiting for probate and stays valid to the extent acted on in good faith (§ 765.514(1)(e)).
- A document other than a will needs the donor's signature before two witnesses who sign in the donor's presence (§ 765.514(1)(f)).
- Delivery during the donor's lifetime is not necessary to make a gift document valid (§ 765.514(1)(f)).
- A surrogate or family-class gift must be by a signed document or a witnessed telephonic, telegraphic, or other recorded message (§ 765.514(3)).
Text of the statute (2026)
(1) A person may make an anatomical gift of all or part of his or her body under s. 765.512(1) by: (a) Signing an organ and tissue donor card. (b) Registering online with the donor registry. (c) Signifying an intent to donate on his or her driver license or identification card issued by the department. Revocation, suspension, expiration, or cancellation of the driver license or identification card does not invalidate the gift. (d) Expressing a wish to donate in a living will or other advance directive.
(e) Executing a will that includes a provision indicating that the testator wishes to make an anatomical gift. The gift becomes effective upon the death of the testator without waiting for probate. If the will is not probated or if it is declared invalid for testamentary purposes, the gift is nevertheless valid to the extent that it has been acted upon in good faith.
(f) Expressing a wish to donate in a document other than a will. The document must be signed by the donor in the presence of two witnesses who shall sign the document in the donor’s presence. If the donor cannot sign, the document may be signed for him or her at the donor’s direction and in his or her presence and the presence of two witnesses who must sign the document in the donor’s presence. Delivery of the document of gift during the donor’s lifetime is not necessary to make the gift valid. The following form of written document is sufficient for any person to make an anatomical gift for the purposes of this part:
(2) The anatomical gift may be made to a donee listed in s. 765.513, and the donee may be specified by name. (3) Any anatomical gift by a health care surrogate designated by the decedent pursuant to part II of this chapter or a member of a class designated in s. 765.512(3) must be made by a document signed by that person or made by that person’s witnessed telephonic discussion, telegraphic message, or other recorded message.
Excerpts are the subsections the summary relies on. Read the full official text of § 765.514.
History. s. 1, ch. 74-106; s. 45, ch. 75-220; s. 1, ch. 83-171; s. 2, ch. 94-305; s. 6, ch. 95-423; s. 976, ch. 97-102; s. 8, ch. 98-68; s. 13, ch. 99-331; s. 64, ch. 2001-226; s. 3, ch. 2008-223; s. 4, ch. 2009-218.
How it applies
Subsection (1) lists the methods available to a donor. Registry, license, and donor-card gifts are made without a will, and the will method takes effect at death without waiting for probate under paragraph (e).
A document other than a will carries its own witness requirement. The statutory Uniform Donor Card in paragraph (f) lets a donor choose any needed organs, tissues, or eyes, or only listed ones, or the body for anatomical study, and record limitations. Subsection (3) sets a separate writing or recorded-message rule for gifts made by a surrogate or family member.
Where this shows up
Pages on this site where § 765.514 does real work:
Related sections
Questions people ask
Sources
- Florida Statutes (2026), s. 765.514, Florida Senate (Supports subsections (1) to (3): the six methods, will gifts, the two-witness document, donee designation, and surrogate or family gifts.)
- Online Sunshine, Florida Statutes (2026), s. 765.514 (Text, catchline, and History line checked against this page on 2026-10-17: The gift becomes effective upon the death of the testator without waiting for probate.)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.