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Chapter 765 — Advance Directives & Anatomical Gifts

Florida Statute 765.521

“Donations as part of driver license or identification card process”

What it means

The donor question at the driver-license counter is a legal act, not a survey. This section directs the state to take anatomical-gift designations as part of the driver license and ID card process, and provides that the resulting notation on the license or card satisfies all requirements for consent to organ or tissue donation — no confirming signature from the family is needed later.

The section also plugs the counter into the registry: the department must keep an integrated website link steering license-renewal traffic to the donor registry operated under §765.5155, and the agencies bear no liability for acts the section authorizes. Program funds may not come out of patient-care appropriations.

— What it says
  • The license/ID notation satisfies all requirements for consent to organ or tissue donation — it is the gift itself.
  • Donation designations are collected during license and ID issuance, by statute.
  • The department's website must link license business to the donor registry under §765.5155.
  • The department and agency bear no liability for authorized acts; program funds can't come from patient-care appropriations.
— In a real probate

How it plays out

The license box is the most consequential checkbox most of our clients have ever ticked, and few remember ticking it. We pull the designation question into every planning meeting for that reason — the box, the registry, and the client's actual current wishes are three things that should match and often don't. When they conflict, we fix it through §765.516's routes rather than assuming the newest intention wins by itself. Families told about the designation in advance almost never fight it; surprised families almost always try.

Where this shows up

Pages on this site where § 765.521 does real work:

Questions people ask

Is checking the donor box at the Florida DMV enough to be an organ donor?
Yes. Under Florida Statute 765.521, the notation on your driver license or ID card satisfies all requirements for consent to organ or tissue donation. It is the gift itself, not a preference your family confirms later.
The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 765.521
Rachel Brannan Schadt, Esq.
Written by
Rachel Brannan Schadt, Esq.

Florida probate and estate attorney. Florida Bar #127500, admitted 2017. Third-generation Florida attorney and Sarasota native. Florida State University; Western Michigan University Cooley Law School. Admitted to the U.S. District Courts for the Northern, Middle and Southern Districts of Florida.

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