Florida Statute 401.23 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 401
MEDICAL TELECOMMUNICATIONS AND TRANSPORTATION

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F.S. 401.23

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.

F.S. 401.23 on Google Scholar

F.S. 401.23 on Casetext

Amendments to 401.23

Arrestable Offenses / Crimes under Fla. Stat. 401.23

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 401.23.

Annotations, Discussions, Cases:

Cases Citing Statute 401.23

Total Results: 20

In Re: Standard Jury Instructions in Civil Cases - Report No. 19-03

Court: Fla. | Date Filed: 2020-02-26T23:53:00-08:00

Snippet: instructions 401.21 (Burden of Proof on Main Claim), 401.23 (Burden of Proof on Defense Issues), 402.13 (Burden

In Re: Standard Jury Instructions in Civil Cases - Report No. 19-04

Court: Fla. | Date Filed: 2020-01-22T23:53:00-08:00

Snippet: cause of injury or damage to John Doe. [401.23] If the greater weight of the evidence does not… YES NO [401.23] If the greater weight of the evidence supports… cause of injury or damage to Jane Doe. [401.23] If the greater weight of the evidence does not…contributing legal cause of John Smith’s death. [401.23] If the greater weight of the evidence does not…cause of injury or damage to Mary Smith. [401.23] If the greater weight of the evidence does not

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-03.

Court: Fla. | Date Filed: 2018-09-27T00:00:00-07:00

Citation: 253 So. 3d 995

Snippet: of Financial Services. *1022 § 401.23(17), Fla. Stat. "Paramedic"

WILL TWIGG v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-08-24T00:53:00-07:00

Snippet: physician as defined in s. 401.23, medical director as defined in s. 401.23, or any person authorized…professional nursing pursuant to part I of chapter 464.” § 401.23(20), Fla. Stat. (2015) (emphasis added). Chapter

WILL TWIGG v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-08-01T00:53:00-07:00

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-06.

Court: Fla. | Date Filed: 2018-02-08T00:00:00-08:00

Citation: 236 So. 3d 282

Snippet: employer or who is a volunteer firefighter. § 401.23, Fla. Stat. "Emergency Medical Technician…Health to perform basic life support. § 401.23, Fla. Stat. "Paramedic" means

In Re: Standard Jury Instructions in Civil Cases-Report No. 17-03.

Court: Fla. | Date Filed: 2018-02-01T00:00:00-08:00

Citation: 236 So. 3d 919

Snippet: Jurors), 401.21 (Burden of Proof on Main Claim), 401.23 (Burden of Proof on Defense Issues), 402.13 (Burden…discussed below. 3 Instructions 401.21, 401.23, 402.13, 402.15, 409.12, 412.8, and 412.9, and …there is one defendant or more than one. 401.23 BURDEN OF PROOF ON DEFENSE ISSUES If the…each of them . NOTES ON USE FOR 401.23 1. Preemptive instructions on defense…replies to affirmative defenses, and instruction 401.23 should be modified as appropriate for those issues

In Re: Standard Jury Instructions in Criminal Cases—report 2016-01

Court: Fla. | Date Filed: 2017-03-09T00:00:00-08:00

Citation: 213 So. 3d 680

Snippet: office^ or-correet-iena-l probation officer.- § 401.23, Fla. Stat. "Emergency-Medical Teehnic-ian…or who is a volunteer firefighter. £ 401.23. Fla. Stat. “Emergency Medical Technician…Health to perform basic life support. £ 401.23. Fla. Stat. “Paramedic” means a person who

City of Miami v. Haigley, Etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2014-07-23T00:00:00-07:00

Citation: 143 So. 3d 1025, 2014 WL 3610909, 2014 Fla. App. LEXIS 11195

Snippet: See § 401.23(7), Fla. Stat. (2013) (defining "basic life support”); § 401.23(1), Fla. Stat

Spurgeon v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-05-31T00:00:00-07:00

Citation: 114 So. 3d 1042, 2013 WL 2359485, 2013 Fla. App. LEXIS 8593

Snippet: physician as defined in s. 401.23, medical director as defined in s. 401.23, or any person authorized

In re Standard Jury Instructions in Civil Case—Report No. 12-01

Court: Fla. | Date Filed: 2013-05-30T00:00:00-07:00

Citation: 130 So. 3d 596, 2013 WL 2349287

Snippet: contributing legal cause of injury or damage to John Doe. [401.23] If the greater weight of the evidence does not…which was a legal cause of his damage? YES NO *630[401.23] If the greater weight of the evidence supports…contributing legal cause of injury or damage to Jane Doe. [401.23]If the greater weight of the evidence does not …contributing legal cause of John Smith’s death. [401.23] If the greater weight of the evidence does not…legal cause of injury or damage to Mary Smith. [401.23] If the greater weight of the evidence does not

In re Standard Jury Instructions in Civil Cases

Court: Fla. | Date Filed: 2013-05-23T00:00:00-07:00

Citation: 115 So. 3d 208, 2013 WL 2248678

Snippet: contributing legal cause of injury or damage to John Doe. [401.23] If the greater weight of the evidence does not…which was a legal cause of his damage? YES NO [401.23] If the greater weight of the evidence supports…contributing legal cause of injury or damage to Jane Doe. [401.23] If the greater weight of the evidence does not…contributing legal cause of John Smith’s death. [401.23] If the greater weight of the evidence does not…legal cause of injury or damage to Mary Smith. [401.23] If the greater weight of the evidence does not

In re Amendments to Standard Jury Instructions in Criminal Cases—Instruction 7.7

Court: Fla. | Date Filed: 2011-10-13T00:00:00-07:00

Citation: 75 So. 3d 210, 2011 WL 4835655

Snippet: officer, or correctional probation officer. § 401.23, Fla. Stat. “Emergency Medical Technician” means…Department of Health to perform basic life support. § 401.23, Fla. Stat. “Paramedic” means a person who is

In Re Standard Jury Instructions in Criminal Cases—Report No. 2010-01

Court: Fla. | Date Filed: 2010-10-21T00:00:00-07:00

Citation: 52 So. 3d 595, 35 Fla. L. Weekly Supp. 602, 2010 Fla. LEXIS 1780, 2010 WL 4117070

Snippet: contributing legal cause of injury or damage to John Doe. [401.23] If the greater weight of the evidence does not…legal cause of his damage? YES ____ NO ____ [401.23] If the greater weight of the evidence supports…contributing legal cause of injury or damage to Jane Doe. [401.23] If the greater weight of the evidence does not…contributing legal cause of John Smith's death. [401.23] If the greater weight of the evidence does not…legal cause of injury or damage to Mary Smith. [401.23] If the greater weight of the evidence does not

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Court: Fla. Att'y Gen. | Date Filed: 2010-04-22T00:53:00-07:00

Snippet: provided by ambulance services licensed pursuant to s. 401.23(4) and (5). (2) As used in this section, the term…medical technician or paramedic as defined in s. 401.23 who is employed by the state or a local government

In Re Amend. to Standard Jury Inst.

Court: Fla. | Date Filed: 2010-04-08T00:53:00-07:00

Citation: 41 So. 3d 853

Snippet: officer, or correctional probation officer. § 401.23, Fla. Stat. "Emergency Medical Technician&…Department of Health to perform basic life support. § 401.23, Fla. Stat. "Paramedic" means a person

In re Amendments To Standard Jury Instructions in Criminal Cases—Instruction 7.7.

Court: Fla. | Date Filed: 2010-04-08T00:00:00-07:00

Citation: 41 So. 3d 853, 35 Fla. L. Weekly Supp. 209, 2010 Fla. LEXIS 476, 2010 WL 1372703

Snippet: officer, or correctional probation officer. § 401.23, Fla. Stat. “Emergency Medical Technician” means

In Re Standard Jury Instructions in Civil Cases—Report No. 09-01

Court: Fla. | Date Filed: 2010-03-04T00:00:00-08:00

Citation: 35 So. 3d 666, 35 Fla. L. Weekly Supp. 149, 2010 Fla. LEXIS 302

Snippet: Greater Weight of the Evidence; 401.4, Negligence; 401.23, Burden of Proof on Defense Issues; 402.4c; Medical…Proof on Defense Issues), No. SC09-300 Instruction 401.23, Burden of Proof on Defense Issues, formerly instruction…Main Claim 401.22 Defense Issues 401.23 Burden of Proof on Defense Issues …defense except in cases identified in that opinion. 401.23 BURDEN OF PROOF ON DEFENSE ISSUES If the greater… was caused by each of them]. NOTES ON USE FOR 401.23 1. Preemptive instructions on defense issues. If

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Court: Fla. Att'y Gen. | Date Filed: 2009-06-15T00:53:00-07:00

Snippet: life support transportation services. 3 Section 401.23(13), Fla. Stat. 4 Section 401.30(1), Fla. Stat.

In Re Standard Instruct. in Cr. Cases No. 2007-10

Court: Fla. | Date Filed: 2008-12-10T23:53:00-08:00

Citation: 997 So. 2d 403

Snippet: correctional officer, or correctional probation officer. § 401.23, Fla. Stat. "Emergency Medical Technician&…Department of Health to perform basic life support. § 401.23, Fla. Stat. "Paramedic" means a person