Florida Statute 893.21 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 893
DRUG ABUSE PREVENTION AND CONTROL

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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. 893.132; 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. 893.132; 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; s. 2, ch. 2024-68.

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 Citing Statute 893.21

Total Results: 10

STATE OF FLORIDA v. ANTHONY LEVERN WAITERS

Court: Fla. Dist. Ct. App. | Date Filed: 2022-09-23T00:53:00-07:00

Snippet: immunity. III. Section 893.21(2) and the issues before us Under section 893.21(2), [a] person…drug-related offenses under the 911 Good Samaritan Act, § 893.21(2), Fla. Stat. (2020). See ch. 12-36 § 1, Laws …moved to dismiss the charges pursuant to section 893.21. He claimed that he was immune from prosecution…overdose and the need for medical assistance. § 893.21(2), Fla. Stat. (2012). We know that "[b]ecause…individual to evade criminal liability under section 893.21(2) for any contraband discovered

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-09

Court: Fla. | Date Filed: 2020-01-15T23:53:00-08:00

Snippet: Comments § 893.21, Fla. Stat. A person acting in good faith… Comments § 893.21, Fla. Stat. A person acting in good faith

Thomas John Pope v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2018-06-08T00:53:00-07:00

Snippet: of the person’s seeking medical assistance.” § 893.21(1), Fla. Stat. (2016). The issue in this case is…individual experiencing a drug-related overdose.” See § 893.21(1). And it is undisputed that evidence of Pope’… good faith who [sought] medical assistance.” § 893.21(1). The Act therefore gave him immunity from prosecution

In Re: Standard Jury Instructions in Criminal Cases - Report 2017-03 – Corrected Opinion

Court: Fla. | Date Filed: 2018-03-22T00:53:00-07:00

Snippet: Comments § 893.21, Fla. Stat. A person acting in good faith

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-03.

Court: Fla. | Date Filed: 2018-03-08T00:00:00-08:00

Citation: 238 So. 3d 182

Snippet: Attempt 777.04(1) 5.1 Comments § 893.21, Fla. Stat. A person acting in good faith

In Re: Standard Jury Instructions in Criminal Cases-Report 2016-09

Court: Fla. | Date Filed: 2017-04-27T00:00:00-07:00

Citation: 216 So. 3d 497

Snippet: Image here]] *522 Comments § 893.21, Fla. Stat. A person acting in good faith

In Re: Standard Jury Instructions in Criminal Cases - Report No. 2015-03 – Corrected Opinion

Court: Fla. | Date Filed: 2016-05-19T00:53:00-07:00

Snippet: Comments Fla. Stat. §_893.21, Fla. Stat. A person acting in good faith

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2015-03

Court: Fla. | Date Filed: 2016-04-07T00:00:00-07:00

Citation: 191 So. 3d 291

Snippet: [[Image here]] Comments Fla.-Stak § 893.21, Fla. Stat. A person acting in good faith

State v. Silliman

Court: Fla. Dist. Ct. App. | Date Filed: 2015-06-12T00:00:00-07:00

Citation: 168 So. 3d 245

Snippet: Silliman was entitled to immunity under section 893.21(2), Florida Statutes (2013), which provides: (2…require substance abuse services, while section 893.21(2) concerns individuals who are experiencing a … overdose requiring medical assistance, section 893.21(2) does not apply. Thus, we conclude the trial … in granting Silliman immunity based on section 893.21(2) and reverse. REVERSED. WALLIS and LAMBERT, JJ

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2013-05

Court: Fla. | Date Filed: 2014-12-11T00:00:00-08:00

Citation: 153 So. 3d 192

Snippet: than 20 grams of cannabis? Fla. Stat. § 893.21 A person acting in good faith who seeks