Bill Text: FL S0970 | 2018 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Alcohol and Drug-related Overdoses

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2018-03-10 - Died on Calendar [S0970 Detail]

Download: Florida-2018-S0970-Introduced.html

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       Florida Senate - 2018                                     SB 970
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-01030-18                                            2018970__
    1                        A bill to be entitled                      
    2         An act relating to alcohol and drug-related overdoses;
    3         amending s. 893.21, F.S.; prohibiting the arrest,
    4         charging, prosecution, or penalizing under specified
    5         provisions of a person acting in good faith who seeks
    6         medical assistance for an individual experiencing, or
    7         believed to be experiencing, an alcohol or a drug
    8         related overdose; prohibiting the arrest, charging,
    9         prosecution, or penalizing under specified provisions
   10         of a person who experiences, or has a good faith
   11         belief that he or she is experiencing, an alcohol or a
   12         drug-related overdose; prohibiting a person from being
   13         penalized for a violation of a condition of certain
   14         programs if that person in good faith seeks medical
   15         assistance for an individual experiencing, or believed
   16         to be experiencing, an alcohol or a drug-related
   17         overdose; prohibiting the protection from arrest,
   18         charge, and prosecution for certain offenses from
   19         being grounds for suppression of evidence in other
   20         criminal prosecutions; providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 893.21, Florida Statutes, is amended to
   25  read:
   26         893.21 Alcohol and drug-related overdoses; medical
   27  assistance; immunity from arrest, charge, and prosecution.—
   28         (1) A person acting in good faith who seeks medical
   29  assistance for an individual experiencing, or believed to be
   30  experiencing, an alcohol or a drug-related overdose may not be
   31  arrested, charged, prosecuted, or penalized pursuant to this
   32  chapter for a violation of s. 562.111, s. 782.04(1)(a)3., s.
   33  893.13, s. 893.135, or s. 893.145, possession of a controlled
   34  substance if the evidence for such crime possession of a
   35  controlled substance was obtained as a result of the person’s
   36  seeking medical assistance.
   37         (2) A person who experiences, or has a good faith belief
   38  that he or she is experiencing, an alcohol or a drug-related
   39  overdose and is in need of medical assistance may not be
   40  arrested, charged, prosecuted, or penalized pursuant to this
   41  chapter for a violation of s. 562.111, s. 893.13, s. 893.135, or
   42  s. 893.145, possession of a controlled substance if the evidence
   43  for such crime possession of a controlled substance was obtained
   44  as a result of the person’s seeking the overdose and the need
   45  for medical assistance.
   46         (3) A person acting in good faith who seeks medical
   47  assistance for an individual experiencing, or believed to be
   48  experiencing, an alcohol or a drug-related overdose may not be
   49  penalized for a violation of a condition of pretrial release,
   50  probation, or parole as a result of the person’s seeking medical
   51  assistance.
   52         (4)(3) Protection in this section from arrest, charge, and
   53  prosecution for an offense listed in this section possession
   54  offenses under this chapter may not be grounds for suppression
   55  of evidence in other criminal prosecutions.
   56         Section 2. This act shall take effect July 1, 2018.