Florida Statute 768.13 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

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F.S. 768.13

768.13 Good Samaritan Act; immunity from civil liability.—

(1) This act shall be known and cited as the “Good Samaritan Act.”

(2)(a) Any person, including those licensed to practice medicine, who gratuitously and in good faith renders emergency care or treatment either in direct response to emergency situations related to and arising out of a public health emergency declared pursuant to s. 381.00315, a state of emergency which has been declared pursuant to s. 252.36 or at the scene of an emergency outside of a hospital, doctor’s office, or other place having proper medical equipment, without objection of the injured victim or victims thereof, shall not be held liable for any civil damages as a result of such care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment where the person acts as an ordinary reasonably prudent person would have acted under the same or similar circumstances.

(b)1. Any health care provider, including a hospital licensed under chapter 395, providing emergency services pursuant to obligations imposed by 42 U.S.C. s. 1395dd, s. 395.1041, s. 395.401, or s. 401.45 shall not be held liable for any civil damages as a result of such medical care or treatment unless such damages result from providing, or failing to provide, medical care or treatment under circumstances demonstrating a reckless disregard for the consequences so as to affect the life or health of another.

2. The immunity provided by this paragraph applies to damages as a result of any act or omission of providing medical care or treatment, including diagnosis:

a. Which occurs prior to the time the patient is stabilized and is capable of receiving medical treatment as a nonemergency patient, unless surgery is required as a result of the emergency within a reasonable time after the patient is stabilized, in which case the immunity provided by this paragraph applies to any act or omission of providing medical care or treatment which occurs prior to the stabilization of the patient following the surgery.

b. Which is related to the original medical emergency.

3. For purposes of this paragraph, “reckless disregard” as it applies to a given health care provider rendering emergency medical services shall be such conduct that a health care provider knew or should have known, at the time such services were rendered, created an unreasonable risk of injury so as to affect the life or health of another, and such risk was substantially greater than that which is necessary to make the conduct negligent.

4. Every emergency care facility granted immunity under this paragraph shall accept and treat all emergency care patients within the operational capacity of such facility without regard to ability to pay, including patients transferred from another emergency care facility or other health care provider pursuant to Pub. L. No. 99-272, s. 9121. The failure of an emergency care facility to comply with this subparagraph constitutes grounds for the department to initiate disciplinary action against the facility pursuant to chapter 395.

(c)1. Any health care practitioner as defined in s. 456.001(4) who is in a hospital attending to a patient of his or her practice or for business or personal reasons unrelated to direct patient care, and who voluntarily responds to provide care or treatment to a patient with whom at that time the practitioner does not have a then-existing health care patient-practitioner relationship, and when such care or treatment is necessitated by a sudden or unexpected situation or by an occurrence that demands immediate medical attention, shall not be held liable for any civil damages as a result of any act or omission relative to that care or treatment, unless that care or treatment is proven to amount to conduct that is willful and wanton and would likely result in injury so as to affect the life or health of another.

2. The immunity provided by this paragraph does not apply to damages as a result of any act or omission of providing medical care or treatment unrelated to the original situation that demanded immediate medical attention.

3. For purposes of this paragraph, the Legislature’s intent is to encourage health care practitioners to provide necessary emergency care to all persons without fear of litigation as described in this paragraph.

(d) Any person whose acts or omissions are not otherwise covered by this section and who participates in emergency response activities under the direction of or in connection with a community emergency response team, local emergency management agencies, the Division of Emergency Management, or the Federal Emergency Management Agency is not liable for any civil damages as a result of care, treatment, or services provided gratuitously in such capacity and resulting from any act or failure to act in such capacity in providing or arranging further care, treatment, or services, if such person acts as a reasonably prudent person would have acted under the same or similar circumstances.

(3) Any person, including those licensed to practice veterinary medicine, who gratuitously and in good faith renders emergency care or treatment to an injured animal at the scene of an emergency on or adjacent to a roadway shall not be held liable for any civil damages as a result of such care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment where the person acts as an ordinary reasonably prudent person would have acted under the same or similar circumstances.

History.—ss. 1, 2, ch. 65-313; s. 1, ch. 78-334; s. 62, ch. 86-160; s. 46, ch. 88-1; s. 4, ch. 88-173; s. 42, ch. 88-277; s. 1, ch. 89-71; s. 37, ch. 91-110; s. 33, ch. 93-211; s. 3, ch. 97-34; s. 1164, ch. 97-102; s. 2, ch. 2001-76; s. 3, ch. 2002-269; s. 65, ch. 2003-416; s. 1, ch. 2004-45; s. 441, ch. 2011-142.

F.S. 768.13 on Google Scholar

F.S. 768.13 on Casetext

Amendments to 768.13

Arrestable Offenses / Crimes under Fla. Stat. 768.13

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 768.13.

Annotations, Discussions, Cases:

Cases Citing Statute 768.13

Total Results: 20

Alexis Cantore, etc. v. West Boca Medical Center, Inc., etc. – Corrected Opinion

Court: Supreme Court of Florida | Date Filed: 2018-08-30

Snippet: favor of WBMC and MCH on the application of section 768.13, Florida Statutes (2008), the Good Samaritan Act

Alexis Cantore, etc. v. West Boca Medical Center, Inc., etc.

Court: Supreme Court of Florida | Date Filed: 2018-04-26

Citation: 254 So. 3d 256

Snippet: favor of WBMC and MCH on the application of section 768.13, Florida Statutes (2008), the Good Samaritan Act

Alexis Cantore, etc. v. West Boca Medical Center, Inc., etc.

Court: Supreme Court of Florida | Date Filed: 2018-04-26

Citation: 242 So. 3d 1032

Snippet: favor of WBMC and MCH on the application of section 768.13, Florida Statutes (2008), the Good Samaritan Act

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

Court: Supreme Court of Florida | Date Filed: 2018-02-01

Citation: 236 So. 3d 919

Snippet: AS TO BOTH APPLICABILITY OF F.S. 768.13(2)(b) AND COMPARATIVE NEGLIGENCE VERDICT

In Re STANDARD JURY INSTRUCTIONS IN CIVIL CASES—REPORT NO. 15-02

Court: Supreme Court of Florida | Date Filed: 2016-04-21

Citation: 191 So. 3d 380, 2016 WL 1592735

Snippet: consistent with the current version of section 768.13(2)(b), Florida Statutes (2015), when “guidance

Weaver v. Myers

Court: District Court of Appeal of Florida | Date Filed: 2015-07-21

Citation: 170 So. 3d 873, 2015 Fla. App. LEXIS 10952, 2015 WL 4429170

Snippet: substances in a business establishment;” section 768.13, Florida Statutes, governing the Good Samaritan

Abel Limones, Sr. v. School District of Lee County

Court: Supreme Court of Florida | Date Filed: 2015-04-02

Citation: 161 So. 3d 384, 40 Fla. L. Weekly Supp. 182, 2015 Fla. LEXIS 625, 2015 WL 1472236

Snippet: employees and volunteers is covered under [sections] 768.13 and 768.1325,” which generally regulate immunity

Exposito v. Public Health Trust of Miami-Dade County

Court: District Court of Appeal of Florida | Date Filed: 2014-06-18

Citation: 141 So. 3d 663, 2014 WL 2866414, 2014 Fla. App. LEXIS 9233

Snippet: 768.26(9); that the lawsuit was barred by section 768.13 (Florida’s “Good Samaritan Act”), because Stephanie’s

Limones v. School District of Lee County

Court: District Court of Appeal of Florida | Date Filed: 2013-02-06

Citation: 111 So. 3d 901, 2013 WL 439988, 2013 Fla. App. LEXIS 1821

Snippet: by employees and volunteers is covered under s. 768.13 and 768.1325. § 1006.165. There are no reported

University of Florida Board of Trustees v. Stone

Court: District Court of Appeal of Florida | Date Filed: 2012-06-21

Citation: 92 So. 3d 264, 2012 WL 2345115, 2012 Fla. App. LEXIS 10000

Snippet: of the heightened standard of proof in section 768.13(2)(b), Florida Statutes (2004), commonly known

Public Health Trust of Miami-Dade County v. Rolle

Court: District Court of Appeal of Florida | Date Filed: 2011-09-28

Citation: 88 So. 3d 191, 2011 Fla. App. LEXIS 15287, 2011 WL 4467382

Snippet: liability under Florida’s Good Samaritan Act, section 768.13 of the Florida Statutes (2004). We deny the petition

Cox v. St. Josephs Hospital

Court: Supreme Court of Florida | Date Filed: 2011-07-07

Citation: 71 So. 3d 795, 36 Fla. L. Weekly Supp. 357, 2011 Fla. LEXIS 1566, 2011 WL 2637421

Snippet: the emergency room doctor, pursuant to section 768.13(2)(b)(l), Florida Statutes (2000), the plaintiffs

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

Court: Supreme Court of Florida | Date Filed: 2010-03-04

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

Snippet: Jury Issue as to Application of F.S. 768.13(2)(b) 402.16a Emergency Medical Treatment

Harris v. SOHA

Court: District Court of Appeal of Florida | Date Filed: 2009-07-16

Citation: 15 So. 3d 767, 2009 Fla. App. LEXIS 9688, 2009 WL 2049173

Snippet: that the trial court erred in finding that section 768.13(2)(c)(1), Florida Statutes (2004), was applicable

St. Joseph's Hospital v. Cox

Court: District Court of Appeal of Florida | Date Filed: 2009-06-17

Citation: 14 So. 3d 1124, 2009 Fla. App. LEXIS 7772, 2009 WL 1675923

Snippet: The case was submitted to the jury under section 768.13(2)(b)(1), Florida Statutes (2000), which provides

LA FITNESS INTERNATIONAL, LLC. v. Mayer

Court: District Court of Appeal of Florida | Date Filed: 2008-04-23

Citation: 980 So. 2d 550, 2008 WL 1805778

Snippet: current state of Florida's Good Samaritan Act, F.S. 768.13, we have some public policy concerns regarding

Quarantello v. Leroy

Court: District Court of Appeal of Florida | Date Filed: 2008-02-15

Citation: 977 So. 2d 648, 2008 WL 397349

Snippet: thereby become liable for injury or damage"); § 768.13, Fla. Stat. (2007) (employing the language, "shall

Christensen v. Cooper

Court: District Court of Appeal of Florida | Date Filed: 2007-11-16

Citation: 972 So. 2d 207, 2007 WL 3390891

Snippet: raise the immunity provisions of the Act, section 768.13, Florida Statutes (1998). In a partial summary

Campbell v. Kessler

Court: District Court of Appeal of Florida | Date Filed: 2003-05-07

Citation: 848 So. 2d 369, 2003 WL 21013105

Snippet: The same language in the Good Samaritan Act, § 768.13(2)(a), has been recognized as offering no protection

Jackson County Hosp. Corp. v. Aldrich

Court: District Court of Appeal of Florida | Date Filed: 2002-12-27

Citation: 835 So. 2d 318, 2002 WL 31875153

Snippet: reckless disregard standard set forth in section 768.13(2)(b)1., Florida Statutes (1997), applies to its