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F.S. 893.21 on Google Scholar

F.S. 893.21 on Casetext

Amendments to 893.21


The 2021 Florida Statutes

Title XLVI
CRIMES
Chapter 893
DRUG ABUSE PREVENTION AND CONTROL
View Entire Chapter
F.S. 893.21 Florida Statutes and Case Law
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. 893.147(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.

Statutes updated from Official Statutes on: January 26, 2022
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.


Civil Citations / Citable Offenses under S893.21
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 893.21.


Annotations, Discussions, Cases:

  1. State v. Silliman

    168 So. 3d 245 (Fla. Dist. Ct. App. 2015)   Cited 4 times
    Here, Silliman showed signs of drug impairment, but no signs of a drug overdose. He did not exhibit symptoms of extreme physical illness or impending death. Silliman did not request or appear to require medical assistance. Quite simply, he was “high.” Deputy Kushel took Silliman to a facility to receive treatment for his drug impairment, not to receive medical assistance, and neither Deputy Kushel nor the facility provided medical assistance to Silliman. Since Silliman did not exhibit signs of a drug overdose requiring medical assistance, section 893.21(2) does not apply. Thus, we conclude the trial court erred in granting Silliman immunity based on section 893.21(2) and reverse.
    PAGE 247
  2. Yanta v. Montgomery Ward Co., Inc.

    66 Wis. 2d 53 (Wis. 1974)   Cited 41 times
    This argument may be quickly refuted. Plaintiff seeks to impose liability on defendant under the sex discrimination statutes. However, the statutes specify no penalty or forfeiture for their violation. If liability created by statute were construed to constitute a penalty or forfeiture within the meaning of sec. 893.21(1), Stats., then sec. 893.19(4) would be rendered a nullity. Therefore, we conclude that sec. 893.21(1) does not apply here.
    PAGE 66
  3. State v. Jago

    209 So. 3d 1078 (La. Ct. App. 2016)   Cited 1 times
    Florida Stat. Ann. § 893.21(2) is illustrative as to the application of La. R.S. 14:403.10 B. Fla. Stat. Ann. § 893.21(2) provides:
    PAGE 1084
  4. State v. Brooks

    210 So. 3d 514 (La. Ct. App. 2016)   Cited 1 times
    Florida Stat. Ann. § 893.21(2) is illustrative as to the application of La. R.S. 14:403.10 B. Fla. Stat. Ann. § 893.21(2) provides:
    PAGE 521
  5. Lorenz v. Dreske

    214 N.W.2d 753 (Wis. 1974)   Cited 42 times
    "Sec. 893.21 . . . Within 2 years: . . .
    PAGE 280
  6. Pope v. State

    246 So. 3d 1282 (Fla. Dist. Ct. App. 2018)
    Regardless of whether Pope should have behaved better, his purpose in contacting 911 was to save his friend. That was a good-faith purpose. Under a plain reading of the 911 Good Samaritan Act, we conclude Pope was "[a] person acting in good faith who [sought] medical assistance." § 893.21(1). The Act therefore gave him immunity from prosecution, so the trial court erred in denying the motion to dismiss.
    PAGE 1284
  7. Estate of Schroeder

    191 N.W.2d 860 (Wis. 1971)   Cited 18 times
    The appellants, Gateway and the trustees, contend that the two-year statute of limitations applies. Sec. 893.21 (5), Stats., provides:
    PAGE 64
  8. Defendant contends that the two-year statute of limitations, sec. 893.21(5), applies. This section provides:
    PAGE 625
  9. DeTemple v. Leica Geosystems, Inc.

    Case No. 08-CV-281 (E.D. Wis. Oct. 29, 2009)
    The statute of limitations on DeTemple's WFDL claim began to run on September 29, 2006, the date he received Leica's Notice of Termination letter. See Les Moise, Inc. v. Rossignol Ski Co., 122 Wis. 2d 51, 53, 361 N.W.2d 653, 654 (1985). Therefore, he had one year from that date to commence a WFDL action under the applicable statute of limitations. See Wis. Stat. § 893.93(3)(b). However, DeTemple argued that his period of active duty military service tolled the statute of limitations period, pursuant to the Servicemembers Civil Relief Act and Wisconsin Statute § 893.21.
    PAGE 5