Florida Statute 768.13 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 768.13

Annotations, Discussions, Cases:

Cases Citing Statute 768.13

Total Results: 36

Turner Ex Rel. Turner v. United States

514 F.3d 1194, 2008 U.S. App. LEXIS 1782, 2008 WL 215210

Court of Appeals for the Eleventh Circuit | Filed: Jan 28, 2008 | Docket: 1403258

Cited 73 times | Published

in the Florida "Good Samaritan Act," Fla. Stat. § 768.13 ("GSA"). We also determine whether an administrative

LA FITNESS INTERNATIONAL, LLC. v. Mayer

980 So. 2d 550, 2008 WL 1805778

District Court of Appeal of Florida | Filed: Apr 23, 2008 | Docket: 1420301

Cited 62 times | Published

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

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

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

Supreme Court of Florida | Filed: Apr 2, 2015 | Docket: 2646456

Cited 41 times | Published

165 references both the Good Samaritan Act, section 768.13, and the Cardiac Arrest Survival Act, section

Miele v. Prudential-Bache Securities, Inc.

656 So. 2d 470, 20 Fla. L. Weekly Supp. 260, 1995 Fla. LEXIS 954, 1995 WL 337998

Supreme Court of Florida | Filed: Jun 8, 1995 | Docket: 1283708

Cited 29 times | Published

Chief Justice, dissenting. By the passage of section 768.13, Florida Statutes (1991), the legislature expressed

Jackson County Hosp. Corp. v. Aldrich

835 So. 2d 318, 2002 WL 31875153

District Court of Appeal of Florida | Filed: Dec 27, 2002 | Docket: 1754852

Cited 23 times | Published

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

Auster v. Strax Breast Cancer Institute

649 So. 2d 883, 1995 WL 25297

District Court of Appeal of Florida | Filed: Jan 25, 1995 | Docket: 1693735

Cited 20 times | Published

766.102(3) is silent on this point. See, e.g., § 768.13(2)(b), Fla. Stat. (creating immunity from civil

Lane v. Calhoun-Liberty County Hosp. Ass'n Inc.

846 F. Supp. 1543, 1994 U.S. Dist. LEXIS 7969, 1994 WL 96755

District Court, N.D. Florida | Filed: Mar 11, 1994 | Docket: 1276654

Cited 16 times | Published

amounting to simple negligence. See Fla. Stat.Ann § 768.13(2)(a) and (b).[5] Yet, as discussed *1552 above

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

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

Supreme Court of Florida | Filed: Mar 4, 2010 | Docket: 1646266

Cited 14 times | Published

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

Botte v. Pomeroy

497 So. 2d 1275, 11 Fla. L. Weekly 2363

District Court of Appeal of Florida | Filed: Nov 12, 1986 | Docket: 1242857

Cited 10 times | Published

immunity under the Florida Good Samaritan Act, Section 768.13, Florida Statutes (1981). Initially, the defendants

Clark v. Lumbermans Mut. Ins. Co.

465 So. 2d 552

District Court of Appeal of Florida | Filed: Mar 7, 1985 | Docket: 1324407

Cited 8 times | Published

MILLS and NIMMONS, JJ., concur. NOTES [1] Cf., Section 768.13, Florida Statutes (1981), the "Good Samaritan

Clark v. Lumbermans Mut. Ins. Co.

465 So. 2d 552

District Court of Appeal of Florida | Filed: Mar 7, 1985 | Docket: 1324407

Cited 8 times | Published

MILLS and NIMMONS, JJ., concur. NOTES [1] Cf., Section 768.13, Florida Statutes (1981), the "Good Samaritan

Quarantello v. Leroy

977 So. 2d 648, 2008 WL 397349

District Court of Appeal of Florida | Filed: Feb 15, 2008 | Docket: 1529949

Cited 7 times | Published

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

Campbell v. Kessler

848 So. 2d 369, 2003 WL 21013105

District Court of Appeal of Florida | Filed: May 7, 2003 | Docket: 1309360

Cited 5 times | Published

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

Hernandez v. Metro-Dade County

992 F. Supp. 1365, 1997 U.S. Dist. LEXIS 21751, 1997 WL 833305

District Court, S.D. Florida | Filed: May 7, 1997 | Docket: 1018015

Cited 5 times | Published

actions against City is four years. Fla.Stat.Ann. § 768(13) (West Supp.1997). Four years is also the limitation

Knox v. Adventist Health System/Sunbelt, Inc.

817 So. 2d 961, 2002 WL 1040322

District Court of Appeal of Florida | Filed: May 24, 2002 | Docket: 1728260

Cited 4 times | Published

motion to dismiss alleged that: pursuant to Section 768.13, Florida Statutes, JAMIE BRANAM and EDITH HURST

Maldonado v. EMSA Ltd. Partnership

645 So. 2d 86, 1994 WL 617187

District Court of Appeal of Florida | Filed: Nov 9, 1994 | Docket: 1222898

Cited 4 times | Published

[8] EMSA contends that the Good Samaritan Act, § 768.13, Fla. Stat. (1989), applies to this case. The

Botte v. Pomeroy

438 So. 2d 544

District Court of Appeal of Florida | Filed: Sep 14, 1983 | Docket: 1446150

Cited 4 times | Published

injured parties at the scene of an emergency. See Section 768.13, Florida Statutes (1981). However, that statute

Cox v. St. Josephs Hospital

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

Supreme Court of Florida | Filed: Jul 7, 2011 | Docket: 60303158

Cited 3 times | Published

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

Limones v. School District of Lee County

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

District Court of Appeal of Florida | Filed: Feb 6, 2013 | Docket: 60230903

Cited 2 times | Published

768.1325 Section 768.13, Florida Statutes (2008), is known as the “Good Samaritan Act.” § 768.13(1). This

St. Joseph's Hospital v. Cox

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

District Court of Appeal of Florida | Filed: Jun 17, 2009 | Docket: 1650748

Cited 2 times | Published

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

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

254 So. 3d 256

Supreme Court of Florida | Filed: Apr 26, 2018 | Docket: 6383098

Cited 1 times | Published

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

Harris v. SOHA

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

District Court of Appeal of Florida | Filed: Jul 16, 2009 | Docket: 1189707

Cited 1 times | Published

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

Frawley v. City of Lake Worth

603 So. 2d 1327, 1992 Fla. App. LEXIS 8651, 1992 WL 191297

District Court of Appeal of Florida | Filed: Aug 12, 1992 | Docket: 64669400

Cited 1 times | Published

liability immunity under the Good Samaritan Act, section 768.13, Florida Statutes (1987). Because we conclude

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

Supreme Court of Florida | Filed: Aug 30, 2018 | Docket: 7775005

Published

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

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

242 So. 3d 1032

Supreme Court of Florida | Filed: Apr 26, 2018 | Docket: 6376665

Published

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

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

236 So. 3d 919

Supreme Court of Florida | Filed: Feb 1, 2018 | Docket: 6289807

Published

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

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

191 So. 3d 380, 2016 WL 1592735

Supreme Court of Florida | Filed: Apr 21, 2016 | Docket: 3056548

Published

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

Weaver v. Myers

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

District Court of Appeal of Florida | Filed: Jul 21, 2015 | Docket: 60249524

Published

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

Exposito v. Public Health Trust of Miami-Dade County

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

District Court of Appeal of Florida | Filed: Jun 18, 2014 | Docket: 60242004

Published

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

University of Florida Board of Trustees v. Stone

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

District Court of Appeal of Florida | Filed: Jun 21, 2012 | Docket: 60310180

Published

inapplicability 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

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

District Court of Appeal of Florida | Filed: Sep 28, 2011 | Docket: 60308180

Published

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

Christensen v. Cooper

972 So. 2d 207, 2007 WL 3390891

District Court of Appeal of Florida | Filed: Nov 16, 2007 | Docket: 1160059

Published

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

North Miami Medical Center v. Prezeau

793 So. 2d 1142, 2001 Fla. App. LEXIS 12878, 2001 WL 1040422

District Court of Appeal of Florida | Filed: Sep 12, 2001 | Docket: 64808228

Published

liability pursuant to the Good Samaritan Statute. § 768.13(2)(b), Fla. Stat. (2000). Parkway also alleged

Garcia v. Randle-Eastern Ambulance Service, Inc.

710 So. 2d 74, 1998 Fla. App. LEXIS 3164, 1998 WL 144979

District Court of Appeal of Florida | Filed: Apr 1, 1998 | Docket: 64780733

Published

death nor reckless under the Good Samaritan Act. § 768.13, Fla. Stat. (1991). Garcia seeks reversal of that

Standard Jury Instructions—Civil Cases—Nos. 95-1 & 95-2

658 So. 2d 97, 20 Fla. L. Weekly Supp. 393, 1995 Fla. LEXIS 1174, 1995 WL 424893

Supreme Court of Florida | Filed: Jul 20, 1995 | Docket: 64757929

Published

response to the legislature’s amendment in 1988 to section 768.13(2)(b), Florida Statutes (Supp.1988), entitled

Ago

Florida Attorney General Reports | Filed: Sep 15, 1989 | Docket: 3258874

Published

of child abuse pursuant to Ch. 39, F.S.). 2 Section 768.13(2)(a), F.S. (1988 Supp.). 3 See, 65 C.J.S.