The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 901
ARRESTS AND TEMPORARY DETENTIONS

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F.S. 901.35

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.

F.S. 901.35 on Google Scholar

F.S. 901.35 on Casetext

Amendments to 901.35

Arrestable Offenses / Crimes under Fla. Stat. 901.35

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 901.35.

Annotations, Discussions, Cases:

Cases from cite.case.law:

J. CHERRY, v. STATE, 15 So. 3d 774 (Fla. Dist. Ct. App. 2009)

. . . County Sheriffs right to seek reimbursement for the medical expenses at issue under either section 901.35 . . .

DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. AMAYA, 10 So. 3d 152 (Fla. Dist. Ct. App. 2009)

. . . See § 901.35(2)(a), Fla. . . .

NORTH BREVARD COUNTY HOSPITAL DISTRICT, v. BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS,, 899 So. 2d 1200 (Fla. Dist. Ct. App. 2005)

. . . Parrish supports its entitlement to payment from Brevard County by citing to section 901.35, Florida . . . Statutes, which provides: 901.35 Financial responsibility for medical expenses.— (1) Notwithstanding . . . One cannot fault Brevard County or the trial court in its attempt to circumvent section 901.35. . . . Gen. 85-6, Feb. 4, 1985 (opining that section 901.35 requires a county to draw from its general fund . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. MYERS, STATE v. MYERS, BROWARD COUNTY, v. MYERS,, 696 So. 2d 863 (Fla. Dist. Ct. App. 1997)

. . . We begin our analysis by reviewing section 901.35, Florida Statutes, which provides in part as follows . . . After an analysis of section 901.35, Florida Statutes, we next turn to section 951.032, Florida Statutes . . . We find section 901.35, Florida Statutes to be in harmony with section 951.032 Florida Statutes and in . . .

FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. MYERS,, 675 So. 2d 700 (Fla. Dist. Ct. App. 1996)

. . . Section 901.35, Florida Statutes (1995), sets forth the order of priority a provider of medical care, . . . See § 901.35(l)(a), (b), (c), Fla.Stat. (1995). . . . See § 901.35(2)(a), (b), Fla.Stat. (1995). . . .

MORRAN, v. STATE, 662 So. 2d 1339 (Fla. Dist. Ct. App. 1995)

. . . Although a county may seek reimbursement for medical costs under section 901.35 or section 951.032, these . . .

COMEAU, v. STATE, 611 So. 2d 68 (Fla. Dist. Ct. App. 1992)

. . . advised the trial court that the county was entitled to seek such payment as a cost, pursuant to section 901.35 . . . Section 901.35 evinces legislative intent to impose liability for such care on a governmental entity, . . .

In SPAGNOL ENTERPRISES, INC. a SPAGNOL ENTERPRISES, INC. a v. PENN LEAR DEVELOPMENT CORPORATION,, 81 B.R. 337 (W.D. Pa. 1987)

. . . SEI has not met its burden of proof as to this claim. 12) Roof Drains ($901.35): a. . . .

METROPOLITAN DADE COUNTY, a v. P. L. DODGE FOUNDATIONS, INC. d b a, 509 So. 2d 1170 (Fla. Dist. Ct. App. 1987)

. . . pay for the cost of the treatment under a long-standing common law rule recently codified in Section 901.35 . . . But motive aside, it is clear that the Legislature’s intent in passing Section 901.35 was to give express . . . Thus, both before and after the enactment of Section 901.35, proof of the prisoner’s inability to pay . . . The Fort Myers court notes that the result it reaches is consistent with that part of Section 901.35 . . . There is no conflict between Section 901.35 and Section 951.032, Florida Statutes (1983), and Section . . .

CITY OF FORT MYERS, v. HOSPITAL BOARD OF DIRECTORS OF LEE COUNTY, d b a, 505 So. 2d 590 (Fla. Dist. Ct. App. 1987)

. . . We note that situations such as those under consideration in this case are now controlled by section 901.35 . . .