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: Fla. | Date Filed: 2018-08-30T00:53:00-07:00

Snippet: favor of WBMC and MCH on the application of section 768.13, Florida Statutes (2008), the Good Samaritan Act…Cantores’ allegations of medical malpractice. § 768.13(2)(b)2.a., Fla. Stat. For example, there was testimony

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

Court: Fla. | Date Filed: 2018-04-26T00:00:00-07:00

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…Cantores' allegations of medical malpractice. § 768.13(2)(b) 2.a., Fla. Stat. For example, there was testimony

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

Court: Fla. | Date Filed: 2018-04-26T00:00:00-07:00

Citation: 242 So. 3d 1032

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: 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: Fla. | Date Filed: 2016-04-21T00:00:00-07:00

Citation: 191 So. 3d 380

Snippet: consistent with the current version of section 768.13(2)(b), Florida Statutes (2015), when “guidance …TREATMENT Jury- Issue as-to Application of F.S. 768.-13(2-)(b> ⅜), — Preliminary~issue-&…-as-defined-and-used in- the context of F,S-.-.768.-13(2-)(b),does-not~appear-to-have the same meaning….16 addresses the provisions of F.S. 768.13(2)(b). It applies only to cases described in that…definition of “reckless disregard” in F.S. 768.13(2)(b)3., the committee has concluded that ⅛⅛ intent

Weaver v. Myers

Court: Fla. Dist. Ct. App. | Date Filed: 2015-07-21T00:00:00-07:00

Citation: 170 So. 3d 873

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: Fla. | Date Filed: 2015-04-02T00:00:00-07:00

Citation: 161 So. 3d 384

Snippet: employees and volunteers is covered under [sections] 768.13 and 768.1325,” which generally regulate immunity…references both the Good Samaritan Act, section 768.13, and the Cardiac Arrest Survival Act, section 768.1325

Exposito v. Public Health Trust of Miami-Dade County

Court: Fla. Dist. Ct. App. | Date Filed: 2014-06-18T00:00:00-07:00

Citation: 141 So. 3d 663

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

Limones v. School District of Lee County

Court: Fla. Dist. Ct. App. | Date Filed: 2013-02-06T00:00:00-08:00

Citation: 111 So. 3d 901

Snippet: this case. III. Duty Under Sections 768.13 and 768.1325 Section 768.13, Florida Statutes (2008), is known…by employees and volunteers is covered under s. 768.13 and 768.1325. § 1006.165. There are no reported…AEDs in FHSAA high schools is governed by sections 768.13 and 768.1325. We therefore look to these sections…known as the “Good Samaritan Act.” § 768.13(1). This statute provides immunity from civil liability to any…situations outside a hospital or doctor’s office. See § 768.13(2)(a). To qualify for such immunity,, the person

University of Florida Board of Trustees v. Stone

Court: Fla. Dist. Ct. App. | Date Filed: 2012-06-21T00:00:00-07:00

Citation: 92 So. 3d 264

Snippet: of the heightened standard of proof in section 768.13(2)(b), Florida Statutes (2004), commonly known …would have acted under similar circumstances. § 768.13, Fla. Stat. (1965); accord White v. City of Waldo…attention.” Id. at § 46, Laws of Fla. (creating section 768.13(2)(b)1., Florida Statutes). This immunity only …as a nonemergency patient. Id. (creating section 768.13(2)(b)2., Florida Statutes). To overcome the immunity…specifically include diagnosis. Id. (amending section 768.13(2)(b)1. and 2., Florida Statutes). The 2003 amendments

Public Health Trust of Miami-Dade County v. Rolle

Court: Fla. Dist. Ct. App. | Date Filed: 2011-09-28T00:00:00-07:00

Citation: 88 So. 3d 191

Snippet: liability under Florida’s Good Samaritan Act, section 768.13 of the Florida Statutes (2004). We deny the petition…suit under Florida’s Good Samaritan Act, section 768.13, Florida Statutes (2004). This Act provides that… as to affect the life or health of another.” § 768.13(2)(b)l., Fla. Stat. (2004) (emphasis added); see….2d 1010 (Fla.1979)). Petition denied. . Section 768.13(2)(c)3 states that the legislative intent of the

Cox v. St. Josephs Hospital

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

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

Citation: 35 So. 3d 666

Snippet: Jury Issue as to Application of F.S. 768.13(2)(b) 402.16a Emergency Medical Treatment…Instruction 402.16 addresses the provisions of F.S. 768.13(2)(b). It applies only to cases described in that…definition of "reckless disregard" in F.S. 768.13(2)(b)3, the committee has concluded that the intent…TREATMENT Jury Issue as to Application of F.S. 768.13(2)(b) (1). Preliminary issue on application of…quot; as defined and used in the context of F.S. 768.13(2)(b), does not appear to have the same meaning

Harris v. SOHA

Court: Fla. Dist. Ct. App. | Date Filed: 2009-07-16T00:00:00-07:00

Citation: 15 So. 3d 767

Snippet: that the trial court erred in finding that section 768.13(2)(c)(1), Florida Statutes (2004), was applicable…court found that the Good Samaritan Act, section 768.13(2)(c)(1), Florida Statutes (2004), was applicable…DCA 2005). First, Ms. Harris argues that section 768.13(2)(c)(1), Florida Statutes, was inapplicable because…"for business or personal reasons." § 768.13(2)(c)(1), Fla. Stat. Therefore, the narrow reading…all persons without fear of litigation." § 768.13(2)(c)(3), Fla. Stat. Instead, pursuant to the plain

St. Joseph's Hospital v. Cox

Court: Fla. Dist. Ct. App. | Date Filed: 2009-06-17T00:00:00-07:00

Citation: 14 So. 3d 1124

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: Fla. Dist. Ct. App. | Date Filed: 2008-04-23T00:53:00-07:00

Citation: 980 So. 2d 550

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

Quarantello v. Leroy

Court: Fla. Dist. Ct. App. | Date Filed: 2008-02-14T23:53:00-08:00

Citation: 977 So. 2d 648

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

Christensen v. Cooper

Court: Fla. Dist. Ct. App. | Date Filed: 2007-11-15T23:53:00-08:00

Citation: 972 So. 2d 207

Snippet: raise the immunity provisions of the Act, section 768.13, Florida Statutes (1998). In a partial summary …applicable here,[1] provides in pertinent part: 768.13. Good Samaritan Act; immunity from civil liability… affect the life or health of another,. . . . § 768.13(1)-(2)(b), Fla. Stat. (1998) (emphasis added).

Campbell v. Kessler

Court: Fla. Dist. Ct. App. | Date Filed: 2003-05-07T00:53:00-07:00

Citation: 848 So. 2d 369

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: Fla. Dist. Ct. App. | Date Filed: 2002-12-26T23:53:00-08:00

Citation: 835 So. 2d 318

Snippet: reckless disregard standard set forth in section 768.13(2)(b)1., Florida Statutes (1997), applies to its…this argument, Bay contends that unless section 768.13(2)(b)1. is construed to extend to contract health…any of the classes clearly enumerated in section 768.13(2)(b)1., Bay was properly held to the lesser standard…the trial court denied. Bay argued that section 768.13, Florida Statutes (1997), and its reckless disregard…both reckless disregard, as set forth in section 768.13(2)(b)1., and causation. When presented with a motion