The individual who offers help can only be found liable under the following circumstances: • the helper fails to exercise due care and increases harm to the other person, • the other person reasonably relied upon the helper’s undertaking and suffers an injury as a result. This may include protection from arrest and/or prosecution for crimes related to drug possession, drug paraphernalia possession, and other crimes. It’s important to have an experienced criminal defense attorney on your side to help fight for you. All Rights Reserved. The provision is intended to save lives in a state where thousands of people die every year from drug overdose. Javascript must be enabled for site search. First, there has been a significant push to include drug overdose immunity as part of the Good Samaritan laws. Statutes, Video Broadcast July 24, 2020 • by POL Staff. 10 New Florida Laws That Went Into Effect on October 1st. Skip to Navigation | Skip to Main Content | Skip to Site Map. Florida Officer, Good Samaritan Resuscitate Apparent Overdose Victim. Currently, this statute applies only to drug-related overdoses. These laws generally provide immunity from arrest, charge or prosecution for certain controlled substance possession and paraphernalia offenses when a person … Russell has over four decades of experience and knows the ins and outs of Florida’s legal system. 2020, www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.13.html. (1) This act shall be known and cited as the “Good Samaritan Act.” (2)(a) Any person, including those licensed to practice medicine, who gratuitously and in good faith renders emergency care or treatment either in direct response to emergency situations related to and arising out of a public health emergency declared pursuant to s. Our experienced medical malpractice lawyers serve all of Florida. On behalf of Spatz Law Firm, PL | Apr 2, 2020 | Criminal Defense, Legal Tips |. 3. Florida, however, has passed recent legislation to broaden coverage for actions of good Samaritans interested in helping out. Reckless disregard means conduct that a medical professional knew or should have known would create an unreasonable risk of injury to the other person. Schedule. Florida’s Good Samaritan laws prevent an individual from suffering legal penalties for acting in good faith to save another person from an overdose-related death. 2. An officer with the Orlando Police Department was assisted by a Good Samaritan in reviving a person who had appeared … Contact us at 407-843-0126. In 2012, the Florida Legislature passed a law called “The 911 Good Samaritan Act” (Florida Statute §893.21 (2016)).This law was intended to protect anyone who suffers from a drug overdose, or tries to help another person experiencing a drug overdose, from being prosecuted for drug possession crimes connected to their calls to law enforcement and other rescue personnel. (1) A person acting in good faith who seeks medical assistance for an individual experiencing a drug-related overdose may not be charged, prosecuted, or penalized pursuant to this chapter for possession of a controlled substance if the evidence for possession of a controlled substance was obtained as a result of the person’s seeking medical assistance. © 2020 Spatz Law Firm, PL. When To Contact An Injury Lawyer. Publications, Help Searching Overdose Good Samaritan laws are policies that provide legal protections for individuals who call for emergency assistance (such as 9-1-1) in the event of a drug overdose. For example, the Good Samaritan Law provides people with the freedom to act without having to fear the other person might sue them. The Florida Good Samaritan law also encompasses the 911 Good Samaritan Act, which allows people to obtain help for a drug overdose without the risk of being prosecuted. Here are three things you should know about Florida’s Good Samaritan Laws: 1. When a person overdoses, minutes can mean the difference between life or death, but others nearby may hesitate to offer aid out of fear of drug crime charges. 3 Things to Know About Florida’s Good Samaritan Laws, Five Crimes That Peak During the Holidays, Tips for Staying Out of Trouble this Halloween. It encourages medical professionals to help as much as possible. If you're unclear if you have a case, we can help. The purpose of the Good Samaritan Law is to encourage ordinary people to help someone in distress before the police are able to arrive. Initial results from an evaluation of Washington State’s Good Samaritan law, adopted in 2010, found that 88% of people who use opioids said they would be more likely, and less afraid, to call 911 in the event of a future overdose after learning about the law. Statutes & Constitution :View Statutes : Online Sunshine, 6 Apr. Copyright © 2000- 2020  State of Florida. Section 381.887, F.S., is Florida’s law providing civil immunity to a person who administers an “emergency opioid antagonist ”10 in compliance with that section. § 768.13 Florida's Good Samaritan Act explains possible immunity from civil liability. When given the chance to do something good or save someone’s life, it’s comforting to know you can step in without the fear of being prosecuted if something goes wrong. Many Good Samaritan laws pass without any supplemental implementation or education efforts, which means that people are unaware of the law and what it does. The Florida Good Samaritan Act states, “any person, including those licensed to practice medicine” who willingly, and in good faith, provides emergency care or treatment to another in an emergency situation shall not be liable for any civil damages as a result of such aid or treatment. The journals or printed bills of the respective chambers should be consulted for official purposes. Some protections are provided to individuals who experience an overdose and are in need of medical attention and to those that seek help for someone experiencing an overdose. Disclaimer: The information on this system is unverified. The bill adds alcohol overdoses. Committee These are designed to offer legal protection to people who administer assistance to individuals who are injured, ill, incapacitated, or in peril. Drug-related overdoses; medical assistance; immunity from prosecution. The laws in Florida give people immunity for being prosecuted for simple drug possession if they seek medical care for someone who has suffered from a drug overdose. 14707 S Dixie HwySuite 302Miami, FL 33176 Phone: 305-442-0200 Fax: 305-253-0979. 911 Good Samaritan Act in Florida allows people to obtain help for a drug overdose without the risk of being prosecuted. 768.13 Good Samaritan Act; immunity from civil liability. A person acting in good faith who seeks medical assistance for an individual experiencing a drug-related overdose may not be charged, prosecuted, or penalized pursuant to this chapter for possession of a controlled substance if the evidence for possession of a controlled substance was obtained as a result of the person’s seeking medical assistance.

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