The 2023 Florida Statutes (including Special Session C)

Title XLV
TORTS

Chapter 768
NEGLIGENCE

View Entire Chapter

F.S. 768.135

768.135 Volunteer team physicians; immunity.—

(1) A volunteer team physician is any person licensed to practice medicine pursuant to chapter 458, chapter 459, chapter 460, chapter 461, or chapter 466:

(a) Who is acting in the capacity of a volunteer team physician in attendance at an athletic event sponsored by a public or private elementary or secondary school; and

(b) Who gratuitously and in good faith prior to the athletic event agrees to render emergency care or treatment to any participant in such event in connection with an emergency arising during or as the result of such event, without objection of such participant.

(2) A volunteer team physician is not 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 unless the care or treatment was rendered in a wrongful manner.

(3) A practitioner licensed under chapter 458, chapter 459, chapter 460, or s. 464.012 or registered under s. 464.0123 who gratuitously and in good faith conducts an evaluation pursuant to s. 1006.20(2)(c) is not liable for any civil damages arising from that evaluation unless the evaluation was conducted in a wrongful manner.

(4) As used in this section, the term “wrongful manner” means in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property, and shall be construed in conformity with the standard set forth in s. 768.28(9)(a).

History.—s. 1, ch. 80-263; s. 483, ch. 81-259; s. 2, ch. 88-257; s. 15, ch. 2011-233; s. 38, ch. 2020-9.

F.S. 768.135 on Google Scholar

F.S. 768.135 on Casetext

Amendments to 768.135

Arrestable Offenses / Crimes under Fla. Stat. 768.135

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 768.135.

Annotations, Discussions, Cases:

Cases from cite.case.law:

C. WEISS, D. O. C. D. O. P. A. H. D. O. H. D. O. P. A. a T. M. D. P. A. B. M. D. P. A. J. M. D. P. A. C. D. O. P. A. FMC a d b a FMC f k a FMC d b a v. PRATT, Jr., 53 So. 3d 395 (Fla. Dist. Ct. App. 2011)

. . . We write however to discuss section 768.135(2), Florida Statutes (2008), in the context of requiring . . . Section 768.135, Florida Statutes, titled “Volunteer team physicians; immunity,” provides: Any person . . . Section 768.135 requires no more than that. . . . If section 768.135 provides immunity for a volunteer physician, how does its protection differ from basic . . . Section 768.135 appears to provide no more protection (save the “similarly licensed” requirement) than . . .