The epidemic of drug overdose fatalities in Florida shows no signs of abating any time soon. In fact, researchers have calculated that the cause of death for Americans who died while visiting Florida is almost two-thirds more likely to be a drug overdose than in any other state.
Many of these overdose fatalities can be prevented if an affected individual gets emergency medical help. Unfortunately, people are often afraid that if they call 911 for someone suffering an overdose, they’ll be arrested and charged for their own illegal drug possession – as will the person overdosing. Too many people won’t even get help for themselves for that reason.
That’s why states, including Florida, started enacting “Good Samaritan”-type laws that provide some immunity from prosecution for those whose illegal drug possession is discovered only because they seek emergency help. Each state’s law is unique.
What does Florida law say?
Under Florida law, 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” won’t be “arrested, charged, prosecuted, or penalized” for offenses involving possession of drugs and drug paraphernalia “if the evidence for such offense was obtained as a result of the person’s seeking medical assistance.” Further, if that possession puts them in violation of any terms of probation or parole, they won’t be penalized. This immunity applies to the person who sought help as well as to the person believed to be suffering the overdose — whether that’s two different people or not.
The law doesn’t apply to all criminal offenses
Note that the law (just like those in other states) isn’t meant to be a “Get out of jail free” card for all criminal offenses. It’s meant to protect people who do the right thing from prosecution for their own personal drug possession at the time. The law states that seeking emergency help “may not be grounds for suppression of evidence in other criminal prosecutions.” It can’t hurt, however, to ensure that prosecutors understand the circumstances under which that evidence was found.
Yet, the law can’t guarantee that someone won’t be mistakenly arrested by police in the confusion of an overdose scene. That’s just one reason why it’s important for those who live in and visit Florida to know their rights and get legal guidance to protect them should something go wrong.