(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.
Structure Florida Statutes
Chapter 893 - Drug Abuse Prevention and Control
893.015 - Statutory References.
893.03 - Standards and Schedules.
893.0301 - Death Resulting From Apparent Drug Overdose; Reporting Requirements.
893.031 - Industrial Exceptions to Controlled Substance Scheduling.
893.0356 - Control of New Substances; Findings of Fact; “Controlled Substance Analog” Defined.
893.04 - Pharmacist and Practitioner.
893.05 - Practitioners and Persons Administering Controlled Substances in Their Absence.
893.055 - Prescription Drug Monitoring Program.
893.0551 - Public Records Exemption for the Prescription Drug Monitoring Program.
893.06 - Distribution of Controlled Substances; Order Forms; Labeling and Packaging Requirements.
893.10 - Burden of Proof; Photograph or Video Recording of Evidence.
893.101 - Legislative Findings and Intent.
893.105 - Testing and Destruction of Seized Substances.
893.11 - Suspension, Revocation, and Reinstatement of Business and Professional Licenses.
893.12 - Contraband; Seizure, Forfeiture, Sale.
893.13 - Prohibited Acts; Penalties.
893.138 - Local Administrative Action to Abate Certain Activities Declared Public Nuisances.
893.145 - “Drug Paraphernalia” Defined.
893.146 - Determination of Paraphernalia.
893.149 - Unlawful Possession of Listed Chemical.
893.1495 - Retail Sale of Ephedrine and Related Compounds.
893.165 - County Alcohol and Other Drug Abuse Treatment or Education Trust Funds.
893.20 - Continuing Criminal Enterprise.
893.30 - Controlled Substance Safety Education and Awareness.