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Florida Statute 401.23 - Full Text and Legal Analysis
Florida Statute 401.23 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 401
MEDICAL TELECOMMUNICATIONS AND TRANSPORTATION
View Entire Chapter
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 CourtListener

Amendments to 401.23


Annotations, Discussions, Cases:

Cases Citing Statute 401.23

Total Results: 20  |  Sort by: Relevance  |  Newest First

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In Re Stand. Instruct. in Cr. Cases No. 2007-10, 997 So. 2d 403 (Fla. 2008).

Cited 30 times | Published | Supreme Court of Florida | 2008 WL 5194454

...of such employer or who is a volunteer firefighter. § 943.10(14), Fla. Stat. "Officer" means any person employed or appointed as a full-time, part-time, or auxiliary law enforcement officer, correctional officer, or correctional probation officer. § 401.23, Fla. Stat. "Emergency Medical Technician" means a person who is certified by the Department of Health to perform basic life support. § 401.23, Fla....
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In Re Jury Inst. in Crim. Cases-No. 2006-1, 946 So. 2d 1061 (Fla. 2006).

Cited 11 times | Published | Supreme Court of Florida | 2006 WL 3741064

...of such employer or who is a volunteer firefighter. § 943.10(14), Fla. Stat. "Officer" means any person employed or appointed as a full-time, part-time, or auxiliary law enforcement officer, correctional officer, or correctional probation officer. § 401.23, Fla. Stat. "Emergency Medical Technician" means a person who is certified by the Department of Health to perform basic life support. § 401.23, Fla....
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In Re Amend. to Stand. Jury Inst., 41 So. 3d 853 (Fla. 2010).

Cited 11 times | Published | Supreme Court of Florida

...of such employer or who is a volunteer firefighter. § 943.10(14), Fla. Stat. "Officer" means any person employed or appointed as a full-time, part-time, or auxiliary law enforcement officer, correctional officer, or correctional probation officer. § 401.23, Fla. Stat. "Emergency Medical Technician" means a person who is certified by the Department of Health to perform basic life support. § 401.23, Fla....
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Wouters v. Martin Cnty., 9 F.3d 924 (11th Cir. 1993).

Cited 9 times | Published | Court of Appeals for the Eleventh Circuit | 27 Fed. R. Serv. 3d 1317, 1993 U.S. App. LEXIS 33078

...entitled to thirty-nine hours of overtime in each twenty-one day work period. If they were treated as non-exempt employees under section 7(a), plaintiffs would be entitled to forty-eight hours of overtime in each work period. . Pursuant to Fla.Stat. § 401.23(1) (1993), Advanced Life Support functions include administering drugs and intravenous fluids, and performing cardiac defibrillation....
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In re Amendments to Stand. Jury Instructions in Crim. Cases—Instruction 7.7, 75 So. 3d 210 (Fla. 2011).

Cited 4 times | Published | Supreme Court of Florida | 2011 WL 4835655

...uch employer or who is a volunteer firefighter. § 94.8.10(14), Fla. Stat. “Officer” means any person employed or appointed as a full-time, part-time, or auxiliary law enforcement officer, correctional officer, or correctional probation officer. § 401.23, Fla. Stat. “Emergency Medical Technician” means a person who is certified by the Department of Health to perform basic life support. § 401.23, Fla....
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In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-06., 236 So. 3d 282 (Fla. 2018).

Cited 4 times | Published | Supreme Court of Florida

...the enforcement of any law pertaining to the prevention and control of fires, who is certified by the Division of State Fire Marshal of the Department of Financial Services, who is a member of a duly constituted fire department of such employer or who is a volunteer firefighter. § 401.23, Fla. Stat. “Emergency Medical Technician” means a person who is certified by the Department of Health to perform basic life support. § 401.23, Fla....
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Palm Beach Cnty. v. Awadallah, 538 So. 2d 142 (Fla. 4th DCA 1989).

Cited 4 times | Published | Florida 4th District Court of Appeal | 1989 WL 11284

...Although the legislature has not chosen to define business location for the purposes of section 73.071(3)(b), in other acts, the legislature has defined a service location as a permanent location in or from which a licensee solicits, accepts, or conducts business, § 401.23(24), Fla....
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St., Dept. of Transp v. Stand. Oil Co., 510 So. 2d 324 (Fla. 2d DCA 1987).

Cited 3 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 1321

...Although the legislature has not chosen to define business location for the purposes of section 73.071(3)(b), in other acts, the legislature has defined a service location as a permanent location in or from which a licensee solicits, accepts, or conducts business, § 401.23(24), Fla....
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In re Amendments To Stand. Jury Instructions in Crim. Cases—Instruction 7.7., 41 So. 3d 853 (Fla. 2010).

Cited 3 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 209, 2010 Fla. LEXIS 476, 2010 WL 1372703

...f such employer or who is a volunteer firefighter. § 943.10(H), Fla. Stat “Officer” means any person employed or appointed as a full-time, part-time, or auxiliary law enforcement officer, correctional officer, or correctional probation officer. § 401.23, Fla....
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SMM Props., Inc. v. City of North Lauderdale, 760 So. 2d 998 (Fla. 4th DCA 2000).

Cited 1 times | Published | Florida 4th District Court of Appeal | 2000 WL 763620

...broadly worded. NOTES [1] Emergency medical service is a term of art used to define the systematic provision of services for assessment, treatment, and transportation of injured persons in medical emergencies. See § 401.211, Fla. Stat. (1997). [2] Section 401.23(1), Florida Statutes (1997), defines "[a]dvanced life support" as "treatment of life-threatening medical emergencies through the use of techniques such as endotracheal intubation, the administration of drugs or intravenous fluids, tele...
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In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-03., 253 So. 3d 995 (Fla. 2018).

Published | Supreme Court of Florida

...Stat. “Firefighter” means an individual who holds a current and valid Firefighter Certificate of Compliance or Special Certificate of Compliance issued by the Division of State Fire Marshal within the Department of Financial Services. - 28 - § 401.23(17), Fla....
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Ago (Fla. Att'y Gen. 2008).

Published | Florida Attorney General Reports

basic life support transportation services. 4 Section 401.23(13), Fla. Stat. 5 Section 401.30(1), Fla. Stat
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In Re: Stand. Jury Instructions in Crim. Cases—report 2016-01, 213 So. 3d 680 (Fla. 2017).

Published | Supreme Court of Florida

...such employer or who is a volunteer firefighter. § 943.10(14), Fla. Stat. “Officer” means any person employed or appointed as a full-time, part- time or auxiliary law enforcement officer, correctional officer, or correctional probation officer. § 401.23, Fla. Stat. “Emergency Medical Technician” means a person who is certified by the Department of Health to perform basic life support. § 401.23, Fla....
...the enforcement of any law pertaining to the prevention and control of fires, who is certified by the Division of State Fire Marshal of the Department of Financial Services, who is a member of a duly constituted fire department of such employer or who is a volunteer firefighter. § 401.23, Fla. Stat. “Emergency Medical Technician” means a person who is certified by the Department of Health to perform basic life support. § 401.23, Fla....
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Ago (Fla. Att'y Gen. 2004).

Published | Florida Attorney General Reports

...Stat., requiring licensure of every person, firm, corporation, association, or governmental entity owning or acting as agent for the owner of any business providing prehospital or interfacility advanced life support services or basic life support transportation services. 3 Section 401.23 (13), Fla....
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Ago (Fla. Att'y Gen. 1992).

Published | Florida Attorney General Reports

this opinion. 3 Section 401.23(12), F.S. 4 Section 401.23(17), F.S. 5 Section 401.23(19), F.S. The statute
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Ago (Fla. Att'y Gen. 2009).

Published | Florida Attorney General Reports

basic life support transportation services. 3 Section 401.23(13), Fla. Stat. 4 Section 401.30(1), Fla. Stat
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City of Miami v. Haigley, Etc., 143 So. 3d 1025 (Fla. 3d DCA 2014).

Published | Florida 3rd District Court of Appeal | 2014 WL 3610909, 2014 Fla. App. LEXIS 11195

...by the Florida Constitution (Count I) and because the surcharge is an unauthorized tax, not a user fee (Count II). The plaintiffs sought the return of all non-resident surcharges collected by the City during the four years preceding the filing of the action. 2 See § 401.23(7), Fla. Stat. (2013) (defining “basic life support”); § 401.23(1), Fla. Stat....
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Ago (Fla. Att'y Gen. 2006).

Published | Florida Attorney General Reports

the statute.4 I am aware of the provisions of section 401.23(5), Florida Statutes, which defines "Ambulance"
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Will Twigg v. State of Florida, 254 So. 3d 464 (Fla. 4th DCA 2018).

Published | Florida 4th District Court of Appeal

...he nurse was indeed “an emergency medical care provider.” The term “emergency medical care provider” is defined as: 1) [A]n 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 licensed under chapter 401 who is engaged in the performance of his or her duties. 2) The term “emergency medical care provider” also includes phys...
...performance of his or her duties.” § 784.07(1)(a), Fla. Stat. (2015). The definition section of chapter 401 defines a “registered nurse” as “a practitioner who is licensed to practice professional nursing pursuant to part I of chapter 464.” § 401.23(20), Fla....
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Will Twigg v. State of Florida (Fla. 4th DCA 2018).

Published | Florida 4th District Court of Appeal

...he nurse was indeed “an emergency medical care provider.” The term “emergency medical care provider” is defined as: 1) [A]n 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 licensed under chapter 401 who is engaged in the performance of his or her duties. 2) The term “emergency medical care provider” also includes phys...
...performance of his or her duties.” § 784.07(1)(a), Fla. Stat. (2015). The definition section of chapter 401 defines a “registered nurse” as “a practitioner who is licensed to practice professional nursing pursuant to part I of chapter 464.” § 401.23(20), Fla....