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The 911 Good Samaritan Act, codified in s. 893.21, F.S., prohibits a person from being charged, prosecuted, or penalized for possession of a controlled substance with evidence obtained as the result of the person's seeking medical assistance due to an overdose.

For the immunity to apply, Florida's 911 Good Samaritan Act requires a person seeking help for another to act in good faith. The statutory language specifies that the act does not provide a basis for the suppression of evidence in other prosecutions.

The scope of the protection is limited by the fact that the criminal conduct protected by the act is the "possession of a controlled substance." The law is unclear about whether drug trafficking crimes would also be covered. For example, if a person is in possession of 28 grams of cocaine, the crime can be charged as trafficking in cocaine under Section 893.135(1)(b), F.S.

In addition to the 911 Good Samaritan Act, the Florida legislature has also enacted Section 381.887, F.S., which grants civil immunity to a person who administers a drug such as naloxone hydrochloride to block the effects of opioids during an overdose.

Florida's 911 Good Samaritan Act