Florida Statute 401.421 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 401
MEDICAL TELECOMMUNICATIONS AND TRANSPORTATION

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F.S. 401.421

401.421 Injunctive relief; cease and desist notice; civil penalty; enforcement.—

(1) The State Surgeon General may cause to be instituted a civil action in circuit court for preliminary or permanent injunctive relief to remedy or prevent a violation of this part or any rule adopted by the department under this part.

(2)(a) If the department has probable cause to believe that any person not licensed by the department has provided prehospital or interfacility advanced life support or basic life support procedures or transportation services in this state not specifically authorized by law, the department may issue and deliver to such person a notice to cease and desist from such services. For the purpose of enforcing a cease and desist order, the department may file a petition, in the name of the state, seeking issuance of an injunction or a writ of mandamus against any person who violates any provisions of such order.

(b) In addition to or in lieu of any remedy provided in paragraph (a), the department may seek the imposition of a civil penalty by the circuit court for any violation for which the department may issue a notice to cease and desist under paragraph (a). The civil penalty must be no less than $500 and no more than $5,000 for each offense. The court may, in addition to any other remedy it finds appropriate, award to the prevailing party court costs and a reasonable attorney’s fee, and, if the department prevails, the court may also award reasonable costs of investigation. All amounts collected by the department under this paragraph must be deposited into the Emergency Medical Services Trust Fund.

History.—ss. 10, 13, ch. 83-196; ss. 23, 36, ch. 92-78; s. 52, ch. 2008-6.

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Amendments to 401.421

Arrestable Offenses / Crimes under Fla. Stat. 401.421

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 401.421.

Annotations, Discussions, Cases:

Cases Citing Statute 401.421

Total Results: 4

Davis v. State, Dept. of Corrections

Court: Fla. Dist. Ct. App. | Date Filed: 1984-12-02T23:53:00-08:00

Citation: 460 So. 2d 452

Snippet: Revisited But Still Not Refined, 12 Fla.St.U.L.Rev. 401, 421 (1984). AR-120 District Court of Appeal

Mikos v. Ringling Bros.-Barnum & Bailey Combined Shows, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1979-01-19T00:00:00-08:00

Citation: 368 So. 2d 884, 2 A.L.R. 4th 421, 1979 Fla. App. LEXIS 13981

Snippet: the United States Constitution, 13 U.Fla. L.Rev. 401, 421 (1960). Applying these principles to the undisputed

Mikos v. RINGLING BROS.-BARNUM & BAILEY, ETC.

Court: Fla. Dist. Ct. App. | Date Filed: 1979-01-18T23:53:00-08:00

Citation: 368 So. 2d 884

Snippet: the United States Constitution, 13 U.Fla. L.Rev. 401, 421 (1960). Applying these principles to the undisputed

Swinney v. Untreiner

Court: Fla. | Date Filed: 1973-01-21T23:53:00-08:00

Citation: 272 So. 2d 805

Snippet: Hospital District, 1966, 65 Cal.2d 499, 55 Cal. Rptr. 401, 421 P.2d 409; Fort v. Civil Service Comm. of County…Hospital District, 65 Cal.2d 499, 55 Cal. Rptr. 401, 421 P.2d 409 (1966). [10] Mancuso v. Taft, 341 F.