RULE 5.900. EXPEDITED JUDICIAL INTERVENTION
CONCERNING MEDICAL TREATMENT
PROCEDURES

(a) Petition. Any proceeding for expedited judicial
intervention concerning medical treatment procedures may be
brought by any interested adult person and shall be commenced by
the filing of a verified petition which states:

(1) the name and address of the petitioner;

(2) the name and location of the person who is the
subject of the petition (hereinafter referred to as the “patient”);

(3) the relationship of the petitioner to the patient;

(4) the names, relationship to the patient, and
addresses if known to the petitioner, of:

(A) the patient’s spouse and adult children;

(B) the patient’s parents (if the patient is a minor);

(C) if none of the above, the patient’s next of kin;
(D) any guardian and any court-appointed health
care decision-maker;

(E) any person designated by the patient in a
living will or other document to exercise the patient’s health care
decision in the event of the patient’s incapacity;

(F) the administrator of the hospital, nursing
home, or other facility where the patient is located;

(G) the patient’s principal treating physician and
other physicians known to have provided any medical opinion or
advice about any condition of the patient relevant to this petition;
and

(H) all other persons the petitioner believes may
have information concerning the expressed wishes of the patient;
and

(5) facts sufficient to establish the need for the relief
requested, including, but not limited to, facts to support the
allegation that the patient lacks the capacity to make the requisite
medical treatment decision.

(b) Supporting Documentation. Any affidavits and
supporting documentation, including any living will or designation
of health care decision-maker, shall be attached to the petition.

(c) Notice. Unless waived by the court, notice of the petition
and the preliminary hearing shall be served on the following
persons who have not joined in the petition or otherwise consented
to the proceedings:

(1) the patient;

(2) the patient’s spouse and the patient’s parents, if the
patient is a minor;

(3) the patient’s adult children;
(4) any guardian and any court-appointed health care
decision-maker;

(5) any person designated by the patient in a living will
or other document to exercise the patient’s health care decision in
the event of the patient’s incapacity;

(6) the administrator of the hospital, nursing home, or
other facility where the patient is located;

(7) the patient’s principal treating physician and other
physicians believed to have provided any medical opinion or advice
about any condition of the patient relevant to this petition;

(8) all other persons the petitioner believes may have
information concerning the expressed wishes of the patient; and

(9) such other persons as the court may direct.

(d) Hearing. A preliminary hearing on the petition shall be
held within 72 hours after the filing of the petition. At that time the
court shall review the petition and supporting documentation. In its
discretion the court shall either:

(1) rule on the relief requested immediately after the
preliminary hearing; or

(2) conduct an evidentiary hearing not later than 4
days after the preliminary hearing and rule on the relief requested
immediately after the evidentiary hearing.

Committee Notes

This rule was submitted by the committee in response to the
request contained in footnote 17 of In re Guardianship of Browning,
568 So. 2d 4 (Fla. 1990). See also Cruzan by Cruzan v. Director,
Missouri Department of Health, 497 U.S. 261, 110 S. Ct. 2841, 111
L. Ed .2d 224 (1990).
The promulgation of this rule is not intended to imply that
judicial intervention is required to terminate life-prolonging
procedures.

Practitioners should note that the criteria and standards of
proof contained in Browning differ from the criteria and standards
of proof presently existing in chapter 765, Florida Statutes.

Rule History

1991 Revision: New rule.

1992 Revision: This rule was created on an emergency basis
and on further review, the committee decided it needed to clarify
that the petition should include an allegation that the patient lacks
capacity to make the requisite medical treatment decision, and that
the patient should receive notice of the petition and hearing.
Committee notes revised. Citation form changes in committee notes.

2008 Revision: Committee notes revised.

2019 Revision: Committee notes updated to reflect the
legislative amendments to chapter 709, Florida Statutes.

2020 Revision, September 3, 2020: Rule was renumbered from
5.900 to 5.850 to allow forms to follow the rules set. Committee
notes revised.

2020 Revision, December 31, 2020: Rule was renumbered
from 5.850 to 5.900 to conform with statutory references.
Committee notes revised.

Constitutional Reference

Art. I, § 23, Fla. Const.

Statutory References

§ 393.12, Fla. Stat. Capacity; appointment of guardian
advocate.
§§ 709.2101–709.2402, Fla. Stat. Florida Power of Attorney
Act.

§ 709.2109, Fla. Stat. Termination or suspension of power of
attorney or agent’s authority.

§ 731.302, Fla. Stat. Waiver and consent by interested person.

§ 744.102, Fla. Stat. Definitions.

§ 744.104, Fla. Stat. Verification of documents.

§ 744.3115, Fla. Stat. Advance directives for health care.

ch. 765, Fla. Stat. Health care advance directives.

Rule References

Fla. Prob. R. 5.020 Pleadings; verification; motions.

Fla. Prob. R. 5.040 Notice.

PART V — FORMS

The following forms are sufficient for the matters that are
covered by them. So long as the substance is expressed without
prolixity, the forms may be varied to meet the facts of a particular
case. The forms are not intended to be part of the rules and are
provided for convenience only.