Florida CPR Laws: Immunity, AED Use, and DNR Orders

Florida’s CPR laws protect almost anyone who steps in to help during a cardiac emergency. The state’s Good Samaritan Act gives civil immunity to voluntary rescuers acting in good faith, a separate statute shields people who use an AED, and Do Not Resuscitate Orders carry legal weight that overrides the default of starting chest compressions. Certification is not required for a bystander to be covered, though Florida law does require it for certain jobs.

Civil Immunity When You Perform CPR

Florida Statute 768.13, the Good Samaritan Act, is the law that keeps a rescuer out of court. It grants civil immunity to anyone who provides emergency care voluntarily, in good faith, and without charging for it at the scene of an emergency.1Justia Law. Florida Code 768.13 – Good Samaritan Act; Immunity From Civil Liability You don’t need training or certification to qualify. An ordinary bystander is protected so long as they act the way a reasonably prudent person would under the same circumstances.

The threshold is different for professionals. A healthcare provider delivering emergency services loses immunity only if their conduct rises to reckless disregard for the patient’s life or health. A healthcare practitioner who happens to be present at a hospital for unrelated reasons and voluntarily helps a patient they have no existing relationship with is immune unless their conduct is willful and wanton.1Justia Law. Florida Code 768.13 – Good Samaritan Act; Immunity From Civil Liability

The protection has limits. It does not apply if you provide care over the objection of a conscious, competent person who tells you to stop. It covers genuine emergencies, not ongoing care once the crisis has passed. And the care must be free; charging for it eliminates the immunity.1Justia Law. Florida Code 768.13 – Good Samaritan Act; Immunity From Civil Liability

Protection for Using an AED

Florida gives separate immunity for AED use under the Cardiac Arrest Survival Act. Section 768.1325 protects anyone who uses or attempts to use an AED on someone experiencing a perceived medical emergency from civil liability for any resulting harm, as long as the victim doesn’t object.2Justia Law. Florida Code 768.1325 – Cardiac Arrest Survival Act; Immunity From Civil Liability

The protection extends to the entity that owns the device. Businesses, homeowner associations, and other organizations that purchase an AED and make it available are also covered, provided they keep the device properly maintained and train employees who would reasonably be expected to use it. Training is not required if the device gives built-in audio or visual instructions, which most modern AEDs do.2Justia Law. Florida Code 768.1325 – Cardiac Arrest Survival Act; Immunity From Civil Liability

Immunity is lost only for willful or criminal misconduct, gross negligence, or reckless disregard for the victim’s safety. Licensed health professionals using an AED within the scope of their employment aren’t covered by this specific statute, but they have their own protections under the Good Samaritan Act and professional liability rules.2Justia Law. Florida Code 768.1325 – Cardiac Arrest Survival Act; Immunity From Civil Liability

Who Is Required to Hold CPR Certification

Because the Good Samaritan Act covers untrained rescuers, certification is not a legal prerequisite for performing CPR in Florida. Several statutes do require it as a condition of specific jobs.

EMTs and Paramedics

Every emergency medical technician must hold a current American Heart Association or American Red Cross CPR card or an equivalent. Paramedics must hold a certificate of successful course completion in advanced cardiac life support from the American Heart Association or its equivalent.3Florida Legislature. Florida Code 401.27 – Personnel; Certification

Public School Athletic Coaches

Anyone employed as an athletic coach at a Florida public school must hold and maintain certification in CPR, first aid, and AED use, following national evidence-based emergency cardiovascular care guidelines.4Florida Legislature. Florida Code 1012.55 – Positions for Which Certificates Required Volunteer coaches not employed by a district are not covered by this requirement. A separate statute, 1006.165, requires a school employee or volunteer with current CPR and AED training to be present at every athletic event, including practices, workouts, and conditioning sessions.5Florida Legislature. Florida Code 1006.165 – Automated External Defibrillators at Athletic Venues

Childcare Facility Staff

At least one staff member trained in CPR must be present at all times that children are in care. The training must be completed in person, and the staff member must have current documentation of course completion.6Florida Legislature. Florida Code 402.305 – Licensing Standards; Child Care Facilities Online-only CPR courses don’t satisfy this requirement.

Jobs People Assume Need Certification but Don’t

Florida does not require registered nurses or licensed practical nurses to hold CPR certification as a condition of state licensure. Most healthcare employers require it as workplace policy, but that is an employer mandate, not state law. No Florida statute requires personal trainers or fitness instructors to be CPR certified either. Industry bodies like the American College of Sports Medicine require it for their credentials, so most working trainers maintain it, but letting the certification lapse is not a legal violation in Florida.

When a DNR Order Means You Don’t Perform CPR

A valid Do Not Resuscitate Order legally overrides the default of performing CPR. Under Florida Statute 401.45, EMTs and paramedics may withhold or withdraw resuscitation when presented with a valid DNRO, and the statute protects any EMT, paramedic, physician, or medical director who honors one from criminal prosecution, civil liability, and professional discipline.7Florida Senate. Florida Code 401.45 – Denial of Emergency Treatment

The order must be on the official Florida Department of Health form, DH 1896. It requires signatures from the patient’s physician, physician assistant, or autonomous advanced practice registered nurse and from the patient. If the patient cannot sign, a health care surrogate, court-appointed guardian, or attorney in fact with authority to make health care decisions may sign instead.8Legal Information Institute. Florida Administrative Code R 64J-2.018 – Do Not Resuscitate Order (DNRO) Form and Device

One detail matters more than any other for prehospital care: the original or copy must be printed on yellow paper. Any shade of yellow works, but if the paper is not yellow, an EMT or paramedic is not required to follow it.8Legal Information Institute. Florida Administrative Code R 64J-2.018 – Do Not Resuscitate Order (DNRO) Form and Device The Department of Health also offers a DNRO identification device, such as a bracelet, that EMTs can recognize in the field as an alternative to the paper form.9Florida Department of Health. Do Not Resuscitate Order

Stopping CPR Once You’ve Started

Starting CPR doesn’t lock you in until paramedics arrive. The Good Samaritan Act covers emergency care at the scene, and a bystander who begins CPR can stop if they become physically unable to continue or if the scene becomes unsafe. No law requires you to endanger yourself to keep going.

The analysis is different for credentialed professionals. An EMT or paramedic who begins treating a patient and then stops prematurely, or hands off to someone with less training while the patient still needs that level of care, could face an abandonment claim. For bystanders with no professional duty, that risk is essentially nonexistent.