Florida Statutes
Fla. Stat. § 893.21 (2025)
Alcohol-related or drug-related overdoses; medical assistance; immunity from arrest, charge, prosecution, and penalization.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 15
cases (4 in the last 5 years), 2014–2023 · leading case: In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-03., 238 So. 3d 182 (Fla. 2018).
In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-03., 238 So. 3d 182 (Fla. 2018). “1 Comments § 893.21, Fla. Stat. A person acting in good faith who seeks medical assistance for an individual experiencing a drug-related overdose may not be prosecuted for Possession of a Controlled Substance if the evidence of the possession was obtained as a result of the…”
In Re Stand. Jury Instructions in Crim. Cases—report No. 2015-03, 191 So. 3d 291 (Fla. 2016). “-Stak § 893.21, Fla. Stat. A person acting in good faith who seeks medical assistance for an individual experiencing a drug-related overdose may not be prosecuted for Possession of a Controlled Substance if the evidence of the possession was obtained as a result of the person’s…”
Thomas John Pope v. State of Florida, 246 So. 3d 1282 (Fla. 1st DCA 2018). “” § 893.21(1), Fla. Stat. (2016). The issue in this case is whether that statutory immunity reaches Thomas Pope, who sought medical help for a young woman overdosing on heroin.”
In Re Stand. Jury Instructions in Crim. Cases—report No. 2013-05, 153 So. 3d 192 (Fla. 2014). “-if-the charge — involves—possession—or—delivery without-consideration-of-not more than 20 grams of cannabis? Fla. Stat. § 893.21 A person acting in good faith who seeks medical assistance for an individual experiencing a drug-related overdose may not be prosecuted for…”
Noble v. State, 189 A.3d 807 (Md. Ct. Spec. App. 2018). “16, § 4769 (b) (2018); Fla. Stat. Ann. § 893.21 (2) (2018) ; Ga.”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2016-09, 216 So. 3d 497 (Fla. 2017). “Lesser Included Offenses [[Image here]] [[Image here]] *522 Comments § 893.21, Fla. Stat. A person acting in good faith, who seeks medical assistance for an individual experiencing a drug-related overdose may not be prosecuted for Possession of a Controlled Substance if the…”
State v. Brooks, 210 So. 3d 514 (La. Ct. App. 2016). “Fla. Stat. Ann. § 893.21 (2) provides: A person who experiences a drug-related overdose and is in need of medical assistance may not be charged, prosecuted, or penalized pursuant to this chapter for possession of a controlled substance if the evidence for possession of a…”
State of Florida v. Anthony Levern Waiters (Fla. 2d DCA 2022). “12 Moreover, when we read section 893.21 in pari materia with other sections of the "Florida Comprehensive Drug Abuse Prevention and Control Act," §§ 893.”
State v. Silliman, 168 So. 3d 245 (Fla. 5th DCA 2015). “The charge was dismissed based on the trial court’s determination that Silliman was entitled to immunity under section 893.21(2), Florida Statutes (2013), which provides: (2) A person who experiences a drug-related overdose and is in need of medical assistance may not be…”
State v. Jago, 209 So. 3d 1078 (La. Ct. App. 2016). “10 B, Fla. Stat. Ann. § 893.21 (2) provides: A person who experiences a drug-related overdose and is in need of medical assistance may not be charged, prosecuted, or penalized pursuant to this chapter for possession of a controlled substance if the evidence for possession of a…”
In Re: Stand. Jury Instructions in Crim. Cases - Report 2019-09 (Fla. 2020). “1 Comments § 893.21, Fla. Stat. A person acting in good faith who seeks medical assistance for himself, herself, or an another individual experiencing or believed to be experiencing a drug-related or alcohol-related overdose may not be prosecuted for simple Possession of a…”
Jordan Darrell Morris v. Commonwealth of Virginia (Va. Ct. App. 2023). “” Fla. Stat. Ann. § 893.21 (3) (emphasis added).”
— 893.21(1) — 1 case
Thomas John Pope v. State of Florida, 246 So. 3d 1282 (Fla. 1st DCA 2018). “” § 893.21(1), Fla. Stat. (2016). The issue in this case is whether that statutory immunity reaches Thomas Pope, who sought medical help for a young woman overdosing on heroin.”
— 893.21(2) — 2 cases
State v. Silliman, 168 So. 3d 245 (Fla. 5th DCA 2015). “The charge was dismissed based on the trial court’s determination that Silliman was entitled to immunity under section 893.21(2), Florida Statutes (2013), which provides: (2) A person who experiences a drug-related overdose and is in need of medical assistance may not be…”
State of Florida v. Anthony Levern Waiters (Fla. 2d DCA 2022). “12 Moreover, when we read section 893.21 in pari materia with other sections of the "Florida Comprehensive Drug Abuse Prevention and Control Act," §§ 893.”
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