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Florida Statute 401.23 | Lawyer Caselaw & Research
F.S. 401.23 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH
Chapter 401
MEDICAL TELECOMMUNICATIONS AND TRANSPORTATION
View Entire Chapter
F.S. 401.23
401.23 Definitions.As used in this part, the term:
(1) “Acute and postacute hospital care at home” means acute and postacute health care services provided in a clinically qualified patient’s permanent residence, as defined in s. 196.012(17), through a program approved by the Centers for Medicare and Medicaid Services and the Agency for Health Care Administration.
(2) “Advanced life support” means assessment or treatment by a person qualified under this part through the use of techniques such as endotracheal intubation, the administration of drugs or intravenous fluids, telemetry, cardiac monitoring, cardiac defibrillation, and other techniques described in the EMT-Paramedic National Standard Curriculum or the National EMS Education Standards, pursuant to rules of the department.
(3) “Advanced life support service” means any emergency medical transport or nontransport service which uses advanced life support techniques.
(4) “Air ambulance” means any fixed-wing or rotary-wing aircraft used for, or intended to be used for, air transportation of sick or injured persons requiring or likely to require medical attention during transport.
(5) “Air ambulance service” means any publicly or privately owned service, licensed in accordance with the provisions of this part, which operates air ambulances to transport persons requiring or likely to require medical attention during transport.
(6) “Ambulance” or “emergency medical services vehicle” means any privately or publicly owned land or water vehicle that is designed, constructed, reconstructed, maintained, equipped, or operated for, and is used for, or intended to be used for, land or water transportation of sick or injured persons requiring or likely to require medical attention during transport.
(7) “Ambulance driver” means any person who meets the requirements of s. 401.281.
(8) “Basic life support” means the assessment or treatment by a person qualified under this part through the use of techniques described in the EMT-Basic National Standard Curriculum or the National EMS Education Standards of the United States Department of Transportation and approved by the department. The term includes the administration of oxygen and other techniques that have been approved and are performed under conditions specified by rules of the department.
(9) “Basic life support service” means any emergency medical service which uses only basic life support techniques.
(10) “Certification” means any authorization issued pursuant to this part to a person to act as an emergency medical technician or a paramedic.
(11) “Department” means the Department of Health.
(12) “Emergency medical technician” means a person who is certified by the department to perform basic life support pursuant to this part.
(13) “Interfacility transfer” means the transportation by ambulance of a patient between two facilities licensed under chapter 393, chapter 395, chapter 400, or chapter 429, pursuant to this part.
(14) “Licensee” means any basic life support service, advanced life support service, or air ambulance service licensed pursuant to this part.
(15) “Medical direction” means direct supervision by a physician through two-way voice communication or, when such voice communication is unavailable, through established standing orders, pursuant to rules of the department.
(16) “Medical director” means a physician who is employed or contracted by a licensee and who provides medical supervision, including appropriate quality assurance but not including administrative and managerial functions, for daily operations and training pursuant to this part.
(17) “Mutual aid agreement” means a written agreement between two or more entities whereby the signing parties agree to lend aid to one another under conditions specified in the agreement and as sanctioned by the governing body of each affected county.
(18) “Paramedic” means a person who is certified by the department to perform basic and advanced life support pursuant to this part.
(19) “Permit” means any authorization issued pursuant to this part for a vehicle to be operated as a basic life support or advanced life support transport vehicle or an advanced life support nontransport vehicle providing basic or advanced life support.
(20) “Physician” means a practitioner who is licensed under the provisions of chapter 458 or chapter 459. For the purpose of providing medical direction for the treatment of patients immediately before or during transportation to a United States Department of Veterans Affairs medical facility, “physician” also means a practitioner employed by the United States Department of Veterans Affairs.
(21) “Registered nurse” means a practitioner who is licensed to practice professional nursing pursuant to part I of chapter 464.
(22) “Service location” means any permanent location in or from which a licensee solicits, accepts, or conducts business under this part.
(23) “Volunteer ambulance service” means a faith-based, not-for-profit charitable corporation registered under chapter 617 which is licensed under this part as a basic life support service or an advanced life support service; which is not a parent, subsidiary, or affiliate of, or related to, any for-profit entity; and which uses only unpaid volunteers to provide basic life support services or advanced life support services free of charge, is not operating for pecuniary profit or financial gain, and does not distribute to or inure to the benefit of its directors, volunteers, members, or officers any part of its assets or income.
History.s. 3, ch. 73-126; s. 3, ch. 76-168; s. 248, ch. 77-147; s. 1, ch. 77-347; s. 1, ch. 77-457; ss. 1, 4, 10, ch. 79-280; s. 257, ch. 81-259; ss. 2, 3, ch. 81-318; ss. 4, 24, 25, ch. 82-402; ss. 2, 12, 13, ch. 83-196; s. 4, ch. 84-317; s. 54, ch. 86-220; s. 1, ch. 89-283; ss. 3, 36, ch. 92-78; s. 42, ch. 97-237; s. 107, ch. 2000-318; s. 72, ch. 2006-197; s. 50, ch. 2008-6; s. 2, ch. 2013-128; s. 6, ch. 2021-90; s. 1, ch. 2022-35; s. 86, ch. 2023-8.

F.S. 401.23 on Google Scholar

F.S. 401.23 on Casetext

Amendments to 401.23


Arrestable Offenses / Crimes under Fla. Stat. 401.23
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 401.23.



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 253 So. 3d 995 (Fla. 2018)

. . . . § 401.23(17), Fla. Stat. . . .

TWIGG, v. STATE, 254 So. 3d 464 (Fla. App. Ct. 2018)

. . . ambulance driver, emergency medical technician, paramedic, registered nurse, physician as defined in s. 401.23 . . . , medical director as defined in s. 401.23, or any person authorized by an emergency medical service . . . practitioner who is licensed to practice professional nursing pursuant to part I of chapter 464." § 401.23 . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 236 So. 3d 282 (Fla. 2018)

. . . . § 401.23, Fla. Stat. . . . . § 401.23, Fla. Stat. . . .

IN RE STANDARD JURY INSTRUCTIONS IN CIVIL CASES- REPORT NO., 236 So. 3d 919 (Fla. 2018)

. . . proposes amendments to instructions 202.3 (Note-Taking by Jurors), 401.21 (Burden of Proof on Main Claim), 401.23 . . . Instructions 401.21, 401.23, 402.13, 402.15, 409.12, 412.8, and 412.9, and Model Verdict Forms 1 and . . . NOTES ON USE FOR 401.23 1. Preemptive instructions on defense issues. . . . bears the burden of proof on issues raised by any replies to affirmative defenses, and instruction 401.23 . . . YES _____ NO _____ [401.23] If the greater weight of the evidence supports Rachel Rowe's defense, you . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 213 So. 3d 680 (Fla. 2017)

. . . .- § 401.23, Fla. Stat. . . . member of a duly constituted fire department of such employer or who is a volunteer firefighter. £ 401.23 . . . Technician” means a person who is certified bv the Department of Health to perform basic life support. £ 401.23 . . .

CITY OF MIAMI, v. K. HAIGLEY,, 143 So. 3d 1025 (Fla. Dist. Ct. App. 2014)

. . . See § 401.23(7), Fla. Stat. (2013) (defining "basic life support”); § 401.23(1), Fla. . . .

SPURGEON, v. STATE, 114 So. 3d 1042 (Fla. Dist. Ct. App. 2013)

. . . ambulance driver, emergency medical technician, paramedic, registered nurse, physician as defined in s. 401.23 . . . , medical director as defined in s. 401.23, or any person authorized by an emergency medical service . . .

In STANDARD JURY INSTRUCTIONS IN CIVIL CASE- REPORT NO., 130 So. 3d 596 (Fla. 2013)

. . . and, if so, whether that negligence was a contributing legal cause of injury or damage to John Doe. [401.23 . . . YES NO [401.23] If the greater weight of the evidence supports Rachel Rowe’s defense, you will answer . . . belt, if so, whether that negligence was a contributing legal cause of injury or damage to Jane Doe. [401.23 . . . vehicle and, if so, whether that negligence was a contributing legal cause of John Smith’s death. [401.23 . . . , if so, whether that negligence was a contributing legal cause of injury or damage to Mary Smith. [401.23 . . .

In STANDARD JURY INSTRUCTIONS IN CIVIL CASES- REPORT NO., 115 So. 3d 208 (Fla. 2013)

. . . and, if so, whether that negligence was a contributing legal cause of injury or damage to John Doe. [401.23 . . . YES NO [401.23] If the greater weight of the evidence supports Rachel Rowes defense, you will answer . . . belt, if so, whether that negligence was a contributing legal cause of injury or damage to Jane Doe. [401.23 . . . vehicle and, if so, whether that negligence was a contributing legal cause of John Smith’s death. [401.23 . . . , if so, whether that negligence was a contributing legal cause of injury or damage to Mary Smith. [401.23 . . .

In AMENDMENTS TO STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- INSTRUCTION, 75 So. 3d 210 (Fla. 2011)

. . . . § 401.23, Fla. Stat. . . . . § 401.23, Fla. Stat. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO. AND STANDARD JURY INSTRUCTIONS IN CIVIL CASES- REPORT NO., 52 So. 3d 595 (Fla. 2010)

. . . and, if so, whether that negligence was a contributing legal cause of injury or damage to John Doe. [401.23 . . . YES_ NO_ [401.23] If the greater weight of the evidence supports Rachel Roe’s defense, you will answer . . . belt, if so, whether that negligence was a contributing legal cause of injury or damage to Jane Doe. [401.23 . . . vehicle and, if so, whether that negligence was a contributing legal cause of John Smith’s death. [401.23 . . . , if so, whether that negligence was a contributing legal cause of injury or damage to Mary Smith. [401.23 . . .

In AMENDMENTS TO STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES INSTRUCTION, 41 So. 3d 853 (Fla. 2010)

. . . . § 401.23, Fla. Stat. . . .

In STANDARD JURY INSTRUCTIONS IN CIVIL CASES- REPORT NO. In No. In No. In No. In No. s In No. In No. In No. In No., 35 So. 3d 666 (Fla. 2010)

. . . jury instructions, including the following: 401.8, Greater Weight of the Evidence; 401.4, Negligence; 401.23 . . . SC09-300 Instruction 401.23, Burden of Proof on Defense Issues, formerly instruction 3.7, adds three . . . on Plaintiffs Claim— Premises Liability 401.21 Burden of Proof on Main Claim 401.22 Defense Issues 401.23 . . . NOTES ON USE FOR 401.23 1. Preemptive instructions on defense issues. . . . YES_NO_ [401.23] If the greater weight of the evidence supports Rachel Roe’s defense, you will answer . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 997 So. 2d 403 (Fla. 2008)

. . . . § 401.23, Fla. Stat. . . .

SMM PROPERTIES, INC. M. H. II, d b a MRG v. CITY OF NORTH LAUDERDALE,, 760 So. 2d 998 (Fla. Dist. Ct. App. 2000)

. . . Section 401.23(1), Florida Statutes (1997), defines "[ajdvanced life support” as "treatment of life-threatening . . .

WOUTERS, H. T. S. R. D. H. R. L. G. N. Jr. L. Jr. L. S. M. L. D. D. V. M. K. L. v. MARTIN COUNTY, FLORIDA,, 9 F.3d 924 (11th Cir. 1993)

. . . . § 401.23(1) (1993), Advanced Life Support functions include administering drugs and intravenous fluids . . .

PALM BEACH COUNTY, v. AWADALLAH, 538 So. 2d 142 (Fla. Dist. Ct. App. 1989)

. . . location as a permanent location in or from which a licensee solicits, accepts, or conducts business, § 401.23 . . .

STATE DEPARTMENT OF TRANSPORTATION, v. STANDARD OIL COMPANY, INC. W. d b a s, 510 So. 2d 324 (Fla. Dist. Ct. App. 1987)

. . . location as a permanent location in or from which a licensee solicits, accepts, or conducts business, § 401.23 . . .

CRAIG v. HOCKER,, 405 F. Supp. 656 (D. Nev. 1975)

. . . Population or the Medium Security Prison and be eligible for Off-Reservation Work Crew Assignments (Section 401.23 . . .

G. E. v., 55 T.C. 884 (T.C. 1971)

. . . The respondent determined a deficiency of $401.23 in the petitioners’ 1967 Federal income tax. . . . disallowed such deduction and determined a deficiency in the petitioners’ 1967 Federal income tax of $401.23 . . .