Preventing Drug Overdose Deaths in Florida- The 911 Good Samaritan Act
It is a terrible nightmare for any parent of a child who overdoses on drugs, but perhaps far worse if someone was there who could have called 9-1-1 to get help, but didn’t due to fear of being prosecuted for being in possession of drugs. The 911 Good Samaritan Act changes Florida law in the hope of preventing drug overdose deaths that could be prevented if bystanders would called for emergency assistance.
The bill creates s. 893.21, F.S., entitled the “911 Good Samaritan Act,” and provides that:
- A person making a good faith effort to obtain or provide medical assistance for an individual experiencing a drug-related overdose may not be charged, prosecuted, or penalized for possession of a controlled substance if the evidence for possession was obtained as a result of the person’s seeking medical assistance.
- A person who experiences a drug-related overdose and is in need of medical assistance may not be charged, prosecuted, or penalized for possession of a controlled substance if the evidence for possession was obtained as a result of the overdose and the need for medical assistance.
- The bill states that the above-described protection from prosecution for possession offenses may not be grounds for suppression of evidence in other criminal prosecutions.
The bill also adds the following to the list of mitigating circumstances a judge may consider when departing from the lowest permissible sentence:
- The defendant was making a good faith effort to obtain or provide medical assistance for an individual experiencing a drug-related overdose (https://docs.google.com/viewer?a=v&q=cache:rSVH2GPTxLoJ:www.flsenate.gov/Session/Bill/2012/0125/Analyses)
This act protects the person who overdosed from having drug charges pressed against themselves as well. The bill is effective as of October 1, 2012.
John Pangallo Law Office
2201 Ringling Blvd # 205
Sarasota, FL 34237
Phone: (941) 954-3611
Bus: Fruitville Rd @ Lime N Ave
