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Florida Statute 893.21 | Lawyer Caselaw & Research
F.S. 893.21 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 893.21

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 893
DRUG ABUSE PREVENTION AND CONTROL
View Entire Chapter
F.S. 893.21
893.21 Alcohol-related or drug-related overdoses; medical assistance; immunity from arrest, charge, prosecution, and penalization.
(1) A person acting in good faith who seeks medical assistance for an individual experiencing, or believed to be experiencing, an alcohol-related or a drug-related overdose may not be arrested, charged, prosecuted, or penalized for a violation of s. 893.147(1) or s. 893.13(6), excluding paragraph (c), if the evidence for such offense was obtained as a result of the person’s seeking medical assistance.
(2) A person who experiences, or has a good faith belief that he or she is experiencing, an alcohol-related or a drug-related overdose and is in need of medical assistance may not be arrested, charged, prosecuted, or penalized for a violation of s. 893.147(1) or s. 893.13(6), excluding paragraph (c), if the evidence for such offense was obtained as a result of the person’s seeking medical assistance.
(3) A person who experiences, or has a good faith belief that he or she is experiencing, an alcohol-related or a drug-related overdose and receives medical assistance, or a person acting in good faith who seeks medical assistance for an individual experiencing, or believed to be experiencing, an alcohol-related or a drug-related overdose, may not be penalized for a violation of a condition of pretrial release, probation, or parole if the evidence for such violation was obtained as a result of the person’s seeking medical assistance.
(4) Protection in this section from arrest, charge, prosecution, or penalization for an offense listed in this section may not be grounds for suppression of evidence in other criminal prosecutions.
History.s. 2, ch. 2012-36; s. 2, ch. 2019-81.

F.S. 893.21 on Google Scholar

F.S. 893.21 on Casetext

Amendments to 893.21


Arrestable Offenses / Crimes under Fla. Stat. 893.21
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 893.21.



Annotations, Discussions, Cases:

Cases from cite.case.law:

POPE, v. STATE, 246 So. 3d 1282 (Fla. App. Ct. 2018)

. . . ." § 893.21(1), Fla. Stat. (2016). . . . See § 893.21(1). . . . Samaritan Act, we conclude Pope was "[a] person acting in good faith who [sought] medical assistance." § 893.21 . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 238 So. 3d 182 (Fla. 2018)

. . . 6)(a) 25.7 controlled substance (listed in 893.13(1)(a) of (1)(b)) Attempt 777.04(1) 5.1 Comments § 893.21 . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 216 So. 3d 497 (Fla. 2017)

. . . Lesser Included Offenses Comments § 893.21, Fla. Stat. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 191 So. 3d 291 (Fla. 2016)

. . . -Stak § 893.21, Fla. Stat. . . .

STATE v. SILLIMAN,, 168 So. 3d 245 (Fla. Dist. Ct. App. 2015)

. . . dismissed based on the trial court’s determination that Silliman was entitled to immunity under section 893.21 . . . applies to persons who are substance abuse impaired and require substance abuse services, while section 893.21 . . . Since Silliman did not exhibit signs of a drug overdose requiring medical assistance, section 893.21( . . . Thus, we conclude the trial court erred in granting Silliman immunity based on section 893.21(2) and . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 153 So. 3d 192 (Fla. 2014)

. . . . § 893.21 A person acting in good faith who seeks medical assistance for an individual experiencing . . .

TILSTRA v. BOU- MATIC, LLC,, 1 F. Supp. 3d 900 (W.D. Wis. 2014)

. . . . § 893.21(2) (1977). . . .

MIRBEAU OF GENEVA LAKE, LLC, LLC, v. CITY OF LAKE GENEVA, Jo LLC,, 746 F. Supp. 2d 1000 (E.D. Wis. 2010)

. . . . § 893.21(2) (1977). . . .

GO- TANE SERVICE STATIONS, INC. v. CLARK OIL REFINING CORPORATION,, 798 F.2d 481 (Temp. Emer. Ct. App. 1986)

. . . these words: Plaintiff did not commence this action within the time permitted by law as provided in § 893.21 . . .

U. S. OIL COMPANY, INC. v. KOCH REFINING CO., 497 F. Supp. 1125 (E.D. Wis. 1980)

. . . Defendant asserts that section 893.21(1) of the Wisconsin Statutes sets out the applicable statute of . . . Plaintiff alleges that section 893.21(1) establishes the period of limitation for its request for treble . . . Both parties agree that section 893.21(1) of the Wisconsin Statutes governs U.S. . . . Section 893.21(1) provides for a two year period of limitation for “[a]n action by a private party upon . . . Section 893.19 establishes a longer period of limitation than 893.21(1). . . .

SASSI, v. BREIER,, 76 F.R.D. 487 (E.D. Wis. 1977)

. . . Section 893.21(2) of the Wisconsin Statutes provides that a civil action based on assault and battery . . .

WOOD, v. WORACHEK, L. Jr., 437 F. Supp. 107 (E.D. Wis. 1977)

. . . . § 1983, the state statute of limitations set forth in § 893.21(2), Wis.Stats., applies to the action . . . Section 893.21(2), Wis.Stats. (1965), provides that an action to recover damages for assault or false . . .

B. REAVES, v. WESTINGHOUSE ELECTRIC CORPORATION I. B. E. W. AFL- CIO,, 430 F. Supp. 623 (E.D. Wis. 1977)

. . . In my opinion, neither § 893.21(1) nor § 893.205, Wis.Stats., is applicable, and the 6-year limitations . . .

A. HAUER v. BANKERS TRUST NEW YORK CORPORATION, 425 F. Supp. 796 (E.D. Wis. 1977)

. . . alleged have not been brought within the time provided by the applicable statute of limitations, section 893.21 . . . Federal antitrust claims were governed by the predecessor statute to section 893.21(1), section 330.- . . .

MINOR, f k a v. LAKEVIEW HOSPITAL,, 421 F. Supp. 485 (E.D. Wis. 1976)

. . . The defendant argues that as to the claim for back wages the applicable Wisconsin statute is 893.21(5 . . . That statute states: 893.21 Within 2 years Within 2 years: . (5) Any action to recover unpaid salary, . . . The former period being governed by § 893.21(5), the two year limitation, and the later being governed . . .

Dr. MARGOLES, v. F. A. ROSS, 67 F.R.D. 666 (W.D. Wis. 1975)

. . . Wisconsin Statutes § 893.21(2) clearly provides that actions to recover damages for slander must be commenced . . .

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, v. LAACKE JOYS CO., 375 F. Supp. 852 (E.D. Wis. 1974)

. . . Section 893.21(1) of the Wisconsin Statutes, cited by defendant, cannot control this action. . . . Section 893.21 of the Wisconsin Statutes reads in relevant part: “Within 2 years: “(1) An action by a . . .

PAULSON, v. SHAPIRO, 490 F.2d 1 (7th Cir. 1973)

. . . broker shall procure the tenant. (3) Plaintiff’s claim was held to be barred by Wisconsin Statutes § 893.21 . . . III § 893.21(5) § 893.21(5) provides that “any action to recover unpaid salary, wages or other compensation . . . ,” and that unless his services are deemed to be professional in nature, this action is barred by § 893.21 . . . This was the “end-product” for which deferred compensation was paid, and § 893.21(5) was therefore held . . . These cases leave no doubt that § 893.21(5) is to be narrowly construed, precluding its application in . . .

THOMPSON, v. E. C. KIEKHAEFER, 372 F. Supp. 715 (D. Minn. 1973)

. . . . § 893.21(2) (1965) (two-year limitations period for libel). . . .

MIKELSON, v. WISCONSIN BRIDGE AND IRON COMPANY, a s AFL- CIO,, 359 F. Supp. 444 (W.D. Wis. 1973)

. . . . § 893.21(5) (1971) provides a two-year limitation for any “action to recover unpaid salary, wages or . . .

KRAMER, v. LOEWI CO. INC. L. L. FAIT, v. LOEWI CO. INCORPORATED, L. E. PIPPIN, v. LOEWI CO. INCORPORATED, L. H. WAGNER, v. LOEWI CO. INCORPORATED,, 357 F. Supp. 83 (E.D. Wis. 1973)

. . . upon a liability created by statute when a different limitation liability is not prescribed by law”; § 893.21 . . . Since the first two provisions listed above, §§ 893.19 (4) and 893.21(1), are general provisions which . . . In further answer to defendants’ contention that § 893.21 should apply, I note that the court in Parrent . . . Finally, § 893.21(1) appears to be designed for statutes which provide a punitive sanction like a penalty . . .

SCOTT PAPER COMPANY, a v. FORT HOWARD PAPER COMPANY, a, 343 F. Supp. 229 (E.D. Wis. 1972)

. . . counterclaim is barred by laches, estoppel and the Wisconsin statute of limitations, § 330.21(2), now § 893.21 . . . Scott claims that the pertinent statute is § 893.21(2) which sets a two year limitation period on “An . . . circumstances, we believe that the Wisconsin courts would follow the great weight of authority and we hold § 893.21 . . . Fort Howard cannot recover damages for publications prior to October 19, 1958, by reason of § 893.21( . . .

PAULSON, v. SHAPIRO, Co. a a, 341 F. Supp. 440 (E.D. Wis. 1972)

. . . the plaintiff urges that he rendered “professional services”, thereby excluding this action from § 893.21 . . .

PAULSON, v. SHAPIRO, 338 F. Supp. 516 (E.D. Wis. 1972)

. . . personal services”, his right to recovery would be precluded by the operative statute of limitations, § 893.21 . . .

N. FLOOD, M. D. v. MARGIS, Jr. Jr. a, 322 F. Supp. 1086 (E.D. Wis. 1971)

. . . . § 893.21(2), Wis.Stats. (1967). See Oosterwyk v. . . . Section 893.21, Wis. Stats. (1967). . . .

COMBINED METALS REDUCTION CO. v. UNITED STATES, 53 F. Supp. 739 (D. Utah 1943)

. . . 40.963.05 Tax 819.26 Int. 216.90 1,036.16 Dec. 1941 4-11-42 9-30-37 36.032.95 Tax 720.66 Int. 172.55 893.21 . . .