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: District Court of Appeal of Florida | Date Filed: 2022-09-23

Snippet: drug-related offenses under the 911 Good Samaritan Act, § 893.21(2), Fla. Stat. (2020). See ch. 12-36 § 1, Laws

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

Court: Supreme Court of Florida | Date Filed: 2020-01-16

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

Thomas John Pope v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-06-08

Citation: 246 So. 3d 1282

Snippet: of the person’s seeking medical assistance.” § 893.21(1), Fla. Stat. (2016). The issue in this case is

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

Court: Supreme Court of Florida | Date Filed: 2018-03-22

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

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

Court: Supreme Court of Florida | Date Filed: 2018-03-08

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: Supreme Court of Florida | Date Filed: 2017-04-27

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: Supreme Court of Florida | Date Filed: 2016-05-19

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: Supreme Court of Florida | Date Filed: 2016-04-07

Citation: 191 So. 3d 291, 2016 WL 1375710

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

State v. Silliman

Court: District Court of Appeal of Florida | Date Filed: 2015-06-12

Citation: 168 So. 3d 245, 2015 Fla. App. LEXIS 8923, 2015 WL 3631621

Snippet: Silliman was entitled to immunity under section 893.21(2), Florida Statutes (2013), which provides: (2)

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

Court: Supreme Court of Florida | Date Filed: 2014-12-11

Citation: 153 So. 3d 192, 2014 WL 6977938

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