Florida Statutes
Fla. Stat. § 401.23 (2025)
Definitions.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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401.23 Definitions.—As used in this part, the term:
(1) “Acute and postacute hospital care at home” means acute and postacute health care services provided in a clinically qualified patient’s permanent residence, as defined in s. 196.012(17), through a program approved by the Centers for Medicare and Medicaid Services and the Agency for Health Care Administration.
(2) “Advanced life support” means assessment or treatment by a person qualified under this part through the use of techniques such as endotracheal intubation, the administration of drugs or intravenous fluids, telemetry, cardiac monitoring, cardiac defibrillation, and other techniques described in the EMT-Paramedic National Standard Curriculum or the National EMS Education Standards, pursuant to rules of the department.
(3) “Advanced life support service” means any emergency medical transport or nontransport service which uses advanced life support techniques.
(4) “Air ambulance” means any fixed-wing or rotary-wing aircraft used for, or intended to be used for, air transportation of sick or injured persons requiring or likely to require medical attention during transport.
(5) “Air ambulance service” means any publicly or privately owned service, licensed in accordance with the provisions of this part, which operates air ambulances to transport persons requiring or likely to require medical attention during transport.
(6) “Ambulance” or “emergency medical services vehicle” means any privately or publicly owned land or water vehicle that is designed, constructed, reconstructed, maintained, equipped, or operated for, and is used for, or intended to be used for, land or water transportation of sick or injured persons requiring or likely to require medical attention during transport.
(7) “Ambulance driver” means any person who meets the requirements of s. 401.281.
(8) “Basic life support” means the assessment or treatment by a person qualified under this part through the use of techniques described in the EMT-Basic National Standard Curriculum or the National EMS Education Standards of the United States Department of Transportation and approved by the department. The term includes the administration of oxygen and other techniques that have been approved and are performed under conditions specified by rules of the department.
(9) “Basic life support service” means any emergency medical service which uses only basic life support techniques.
(10) “Certification” means any authorization issued pursuant to this part to a person to act as an emergency medical technician or a paramedic.
(11) “Department” means the Department of Health.
(12) “Emergency medical technician” means a person who is certified by the department to perform basic life support pursuant to this part.
(13) “Interfacility transfer” means the transportation by ambulance of a patient between two facilities licensed under chapter 393, chapter 395, chapter 400, or chapter 429, pursuant to this part.
(14) “Licensee” means any basic life support service, advanced life support service, or air ambulance service licensed pursuant to this part.
(15) “Medical direction” means direct supervision by a physician through two-way voice communication or, when such voice communication is unavailable, through established standing orders, pursuant to rules of the department.
(16) “Medical director” means a physician who is employed or contracted by a licensee and who provides medical supervision, including appropriate quality assurance but not including administrative and managerial functions, for daily operations and training pursuant to this part.
(17) “Mutual aid agreement” means a written agreement between two or more entities whereby the signing parties agree to lend aid to one another under conditions specified in the agreement and as sanctioned by the governing body of each affected county.
(18) “Paramedic” means a person who is certified by the department to perform basic and advanced life support pursuant to this part.
(19) “Permit” means any authorization issued pursuant to this part for a vehicle to be operated as a basic life support or advanced life support transport vehicle or an advanced life support nontransport vehicle providing basic or advanced life support.
(20) “Physician” means a practitioner who is licensed under the provisions of chapter 458 or chapter 459. For the purpose of providing medical direction for the treatment of patients immediately before or during transportation to a United States Department of Veterans Affairs medical facility, “physician” also means a practitioner employed by the United States Department of Veterans Affairs.
(21) “Registered nurse” means a practitioner who is licensed to practice professional nursing pursuant to part I of chapter 464.
(22) “Service location” means any permanent location in or from which a licensee solicits, accepts, or conducts business under this part.
(23) “Volunteer ambulance service” means a faith-based, not-for-profit charitable corporation registered under chapter 617 which is licensed under this part as a basic life support service or an advanced life support service; which is not a parent, subsidiary, or affiliate of, or related to, any for-profit entity; and which uses only unpaid volunteers to provide basic life support services or advanced life support services free of charge, is not operating for pecuniary profit or financial gain, and does not distribute to or inure to the benefit of its directors, volunteers, members, or officers any part of its assets or income.
History.—s. 3, ch. 73-126; s. 3, ch. 76-168; s. 248, ch. 77-147; s. 1, ch. 77-347; s. 1, ch. 77-457; ss. 1, 4, 10, ch. 79-280; s. 257, ch. 81-259; ss. 2, 3, ch. 81-318; ss. 4, 24, 25, ch. 82-402; ss. 2, 12, 13, ch. 83-196; s. 4, ch. 84-317; s. 54, ch. 86-220; s. 1, ch. 89-283; ss. 3, 36, ch. 92-78; s. 42, ch. 97-237; s. 107, ch. 2000-318; s. 72, ch. 2006-197; s. 50, ch. 2008-6; s. 2, ch. 2013-128; s. 6, ch. 2021-90; s. 1, ch. 2022-35; s. 86, ch. 2023-8.
Notes of Decisions
Cited in 14
cases, 1987–2018 · leading case: In Re Stand. Instruct. in Cr. Cases No. 2007-10, 997 So. 2d 403 (Fla. 2008).
In Re Stand. Instruct. in Cr. Cases No. 2007-10, 997 So. 2d 403 (Fla. 2008). “§ 401.23, Fla. Stat. "Emergency Medical Technician" means a person who is certified by the Department of Health to perform basic life support.”
In Re Jury Inst. in Crim. Cases-No. 2006-1, 946 So. 2d 1061 (Fla. 2006). “§ 401.23, Fla. Stat. "Emergency Medical Technician" means a person who is certified by the Department of Health to perform basic life support.”
In re Amendments to Stand. Jury Instructions in Crim. Cases—Instruction 7.7, 75 So. 3d 210 (Fla. 2011). “§ 401.23, Fla. Stat. “Emergency Medical Technician” means a person who is certified by the Department of Health to perform basic life support.”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-06., 236 So. 3d 282 (Fla. 2018). “§ 401.23, Fla. Stat. "Emergency Medical Technician" means a person who is certified by the Department of Health to perform basic life support.”
In Re: Stand. Jury Instructions in Crim. Cases—report 2016-01, 213 So. 3d 680 (Fla. 2017). “- § 401.23, Fla. Stat. "Emergency-Medical Teehnic-ian-’-meamHi person-who is certified by the Departm cnt of Health to-perform b asic life support? §-m.”
City of Miami v. Haigley, Etc., 143 So. 3d 1025 (Fla. 3d DCA 2014). “(2013) (defining "basic life support”); § 401.23(1), Fla. Stat. (2013) (defining "advanced life support”).”
Palm Beach Cnty. v. Awadallah, 538 So. 2d 142 (Fla. 4th DCA 1989). “071(3)(b), in other acts, the legislature has defined a service location as a permanent location in or from which a licensee solicits, accepts, or conducts business, § 401.23(24), Fla. Stat. (1985), and defined a business location as any advertised permanent location in or from…”
In re Amendments To Stand. Jury Instructions in Crim. Cases—Instruction 7.7., 41 So. 3d 853 (Fla. 2010). “§ 401.23, Fla. Stat. “Emergency Medical Technician” means a person who is certified by the Department of Health to perform basic life support.”
St., Dept. of Transp v. Stand. Oil Co., 510 So. 2d 324 (Fla. 2d DCA 1987). “071(3)(b), in other acts, the legislature has defined a service location as a permanent location in or from which a licensee solicits, accepts, or conducts business, § 401.23(24), Fla. Stat. (1985), and defined a business location as any advertised permanent location in or from…”
SMM Props., Inc. v. City of North Lauderdale, 760 So. 2d 998 (Fla. 4th DCA 2000). “[2] Section 401.23(1), Florida Statutes (1997), defines "[a]dvanced life support" as "treatment of life-threatening medical emergencies through the use of techniques such as endotracheal intubation, the administration of drugs or intravenous fluids, telemetry, cardiac…”
In Re Amend. to Stand. Jury Inst., 41 So. 3d 853 (Fla. 2010). “§ 401.23, Fla. Stat. "Emergency Medical Technician" means a person who is certified by the Department of Health to perform basic life support.”
Will Twigg v. State of Florida (Fla. 4th DCA 2018). “” § 401.23(20), Fla. Stat. (2015) (emphasis added).”
— 401.23(1) — 2 cases
City of Miami v. Haigley, Etc., 143 So. 3d 1025 (Fla. 3d DCA 2014). “(2013) (defining "basic life support”); § 401.23(1), Fla. Stat. (2013) (defining "advanced life support”).”
SMM Props., Inc. v. City of North Lauderdale, 760 So. 2d 998 (Fla. 4th DCA 2000). “[2] Section 401.23(1), Florida Statutes (1997), defines "[a]dvanced life support" as "treatment of life-threatening medical emergencies through the use of techniques such as endotracheal intubation, the administration of drugs or intravenous fluids, telemetry, cardiac…”
— 401.23(17) — 1 case
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-03., 253 So. 3d 995 (Fla. 2018).
— 401.23(20) — 2 cases
Will Twigg v. State of Florida (Fla. 4th DCA 2018). “” § 401.23(20), Fla. Stat. (2015) (emphasis added).”
Will Twigg v. State of Florida, 254 So. 3d 464 (Fla. 4th DCA 2018).
— 401.23(24) — 2 cases
Palm Beach Cnty. v. Awadallah, 538 So. 2d 142 (Fla. 4th DCA 1989). “071(3)(b), in other acts, the legislature has defined a service location as a permanent location in or from which a licensee solicits, accepts, or conducts business, § 401.23(24), Fla. Stat. (1985), and defined a business location as any advertised permanent location in or from…”
St., Dept. of Transp v. Stand. Oil Co., 510 So. 2d 324 (Fla. 2d DCA 1987). “071(3)(b), in other acts, the legislature has defined a service location as a permanent location in or from which a licensee solicits, accepts, or conducts business, § 401.23(24), Fla. Stat. (1985), and defined a business location as any advertised permanent location in or from…”
— 401.23(7) — 1 case
City of Miami v. Haigley, Etc., 143 So. 3d 1025 (Fla. 3d DCA 2014). “(2013) (defining "basic life support”); § 401.23(1), Fla. Stat. (2013) (defining "advanced life support”).”
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