Florida Statutes

Fla. Stat. § 901.35 (2025)

Financial responsibility for medical expenses.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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901.35 Financial responsibility for medical expenses.—

(1) Notwithstanding any other provision of law, the responsibility for paying the expenses of medical care, treatment, hospitalization, and transportation for any person ill, wounded, or otherwise injured during or at the time of arrest for any violation of a state law or a county or municipal ordinance is the responsibility of the person receiving such care, treatment, hospitalization, and transportation. The provider of such services shall seek reimbursement for the expenses incurred in providing medical care, treatment, hospitalization, and transportation from the following sources in the following order:

(a) From an insurance company, health care corporation, or other source, if the prisoner is covered by an insurance policy or subscribes to a health care corporation or other source for those expenses.

(b) From the person receiving the medical care, treatment, hospitalization, or transportation.

(c) From a financial settlement for the medical care, treatment, hospitalization, or transportation payable or accruing to the injured party.

(2) Upon a showing that reimbursement from the sources listed in subsection (1) is not available, the costs of medical care, treatment, hospitalization, and transportation shall be paid:

(a) From the general fund of the county in which the person was arrested, if the arrest was for violation of a state law or county ordinance; or

(b) From the municipal general fund, if the arrest was for violation of a municipal ordinance.

The responsibility for payment of such medical costs shall exist until such time as an arrested person is released from the custody of the arresting agency.

(3) An arrested person who has health insurance, subscribes to a health care corporation, or receives health care benefits from any other source shall assign such benefits to the health care provider.

History.—s. 1, ch. 83-189; s. 17, ch. 90-211.

Notes of Decisions

Cited in 12 cases (1 in the last 5 years), 1987–2024 · leading case: Metro. Dade Cnty. v. P.L. Dodge Foundations, Inc., 509 So. 2d 1170 (Fla. 3d DCA 1987).

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Metro. Dade Cnty. v. P.L. Dodge Foundations, Inc., 509 So. 2d 1170 (Fla. 3d DCA 1987). · cites it 15× “Conceding that it is obliged to provide medical treatment to its prisoners, Dade County contends, as it did below, that this obligation does not extinguish the prisoner’s primary responsibility to pay for the cost of the treatment under a long-standing common law rule recently…”

Florida Dep't Hrs v. Myers, 675 So. 2d 700 (Fla. 4th DCA 1996). · cites it 4× “Section 901.35, Florida Statutes (1995), sets forth the order of priority a provider of medical care, treatment, hospitalization, or transportation should follow in seeking reimbursement for those services provided to a prisoner.”

Dep't of Child. & Fam. Servs. v. Amaya, 10 So. 3d 152 (Fla. 4th DCA 2009). · cites it 2× “See § 901.35(2)(a), Fla. Stat. (2008) (providing that the county is responsible for payment where reimbursement from other sources is unavailable); Myers, 696 So.”

Comeau v. State, 611 So. 2d 68 (Fla. 1st DCA 1992). · cites it 3× “The assistant state attorney advised the trial court that the county was entitled to seek such payment as a cost, pursuant to section 901.35, Florida Statutes (1991). Although the trial court's transcribed *69 comments reflect that the court viewed the medical expense as a cost,…”

State, Dep't of Health & Rehabilitative Servs. v. Myers, 696 So. 2d 863 (Fla. 4th DCA 1997). · cites it 6× “We begin our analysis by reviewing section 901.35, Florida Statutes, which provides in part as follows: (1) Notwithstanding any other provision of law, the responsibility for paying the expenses of medical care, treatment, hospitalization, and transportation for any person ill,…”

City of Fort Myers v. Hosp. Bd. of Directors, 505 So. 2d 590 (Fla. 2d DCA 1987). · cites it 2× “We note that situations such as those under consideration in this case are now controlled by section 901.35, Florida Statutes (1985). Pursuant to that statute, financial responsibility for medical care is placed on the county if the person is arrested for a violation of a state…”

Morran v. State, 662 So. 2d 1339 (Fla. 2d DCA 1995). “Although a county may seek reimbursement for medical costs under section 901.35 or section 951.032, these statutes do not authorize the trial court to impose these costs as a condition of probation.”

Metro. Dade Cty. v. Pl Dodge Found, 509 So. 2d 1170 (Fla. 3d DCA 1987). · cites it 15× “Conceding that it is obliged to provide medical treatment to its prisoners, Dade County contends, as it did below, that this obligation does not extinguish the prisoner's primary responsibility to pay for the cost of the treatment under a long-standing common law rule recently…”

State, Dept. of Health & Rehab. v. Myers, 696 So. 2d 863 (Fla. 4th DCA 1997). · cites it 6× “We begin our analysis by reviewing section 901.35, Florida Statutes, which provides in part as follows: (1) Notwithstanding any other provision of law, the responsibility for paying the expenses of medical care, treatment, hospitalization, and transportation for any person ill,…”

North Brevard Cnty. Hosp. Dist. v. Brevard Cnty. Bd. of Cnty. Commissioners, 899 So. 2d 1200 (Fla. 5th DCA 2005). · cites it 4× “Parrish supports its entitlement to payment from Brevard County by citing to section 901.35, Florida Statutes, which provides: 901.”

Cantrell Dunsmore v. Wells (M.D. Fla. 2024). · cites it 2× “¶ 58 (citing Fla. Stat. § 901.35 (2)(a)). That responsibility exists until such time as a pretrial detainee is released from the arresting agency.”

Cherry v. State, 15 So. 3d 774 (Fla. 2d DCA 2009). · cites it 2× “Our reversal is without prejudice to the Pinellas County Sheriffs right to seek reimbursement for the medical expenses at issue under either section 901.35, Florida Statutes (2005), or section 951.”

— 901.35(1)(a) — 1 case

Florida Dep't Hrs v. Myers, 675 So. 2d 700 (Fla. 4th DCA 1996). “Section 901.35, Florida Statutes (1995), sets forth the order of priority a provider of medical care, treatment, hospitalization, or transportation should follow in seeking reimbursement for those services provided to a prisoner.”

— 901.35(2)(a) — 2 cases

Dep't of Child. & Fam. Servs. v. Amaya, 10 So. 3d 152 (Fla. 4th DCA 2009). “See § 901.35(2)(a), Fla. Stat. (2008) (providing that the county is responsible for payment where reimbursement from other sources is unavailable); Myers, 696 So.”

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