Who is protected under Florida’s “Good Samaritan” overdose law?

On Behalf of | Jan 14, 2025 | Drug Charges

There’s no question that the epidemic of fatal drug overdoses in Florida and across the country is showing no signs of abating. That’s why lawmakers in virtually every state, including ours, have taken steps to provide some legal protections to those who get emergency help for someone who appears to be suffering an overdose.

These protections are meant to encourage people not to flee the scene out of fear of being charged for their own drug use. Too many fatalities could have been prevented if someone with an overdose victim – or the victim themselves – had sought help.

What does the law say?

Florida’s “Good Samaritan” law states that any 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” will not be “arrested, charged, prosecuted, or penalized” for criminal offenses involving drug and drug paraphernalia possession.

Further, they won’t be penalized if these offenses are violations of their terms of parole or probation related to drug possession. All of these protections apply to the overdose victim as well, whether they call for themselves or someone else calls for them. Note that “in good faith” means that they are seeking help with no ulterior motive.

Cases where immunity doesn’t apply

The immunity provided by the law applies only to evidence discovered that was “obtained as a result of the person’s seeking medical assistance.” If a person who acted as a Good Samaritan is later caught with drugs at another location and another time, for example, they don’t get this immunity.

Further, it’s important to remember that the immunity doesn’t apply to all drug-related offenses (like trafficking, for example) or other criminal offenses. For example, if police show up and find what appears to be a meth lab or a trove of stolen items, this law won’t help them. In fact, unlike some states, where a person’s call for emergency help may be considered a mitigating factor for those arrested for other offenses at the scene, Florida law states that this call for help “may not be grounds for suppression of evidence in other criminal prosecutions.”

It’s important for Floridians to know their rights under this law. It’s also important to know that police sometimes make mistakes in such chaotic circumstances. That’s just one reason why it’s crucial for those who believe they’ve been mistakenly arrested and charged to get experienced legal guidance as soon as possible.

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