Saving Lives with Florida's 911 Good Samaritan Act

November 30, 2012

Saving lives with Florida's 911 Good Samaritan Act

In September 2011, 18-year-old football player Joey Boylan died after ingesting a lethal combination of prescription drugs. Afraid to call the police for fear of punishment, six of his friends decided to carry the unconscious Boylan into the home where they were partying and try to revive him. Unsuccessful, they put him on a bed and went to sleep while Joey slowly died of a drug overdose. Nine hours after Joey initially collapsed, his friends called 911.

Sadly, Joey Boylan's case is not unique. Many people have died from drug or alcohol overdoses because the people with them are afraid to summon the police. However, that fear is not completely unfounded. In the past, people who called 911 to request emergency medical assistance for their own or another person's drug overdose could face criminal prosecution depending on what emergency personnel found on arrival. In general, possession of a controlled substance (a third-degree felony) could result in up to five years in prison with a fine as high as $5,000.

Immunity for those who seek help for drug overdoses

Hopefully, that fear is melting away since Florida's 911 Good Samaritan Act went into effect on October 1, 2012. In a nutshell, the new law ensures that people who call 911 to report a drug overdose, either for themselves or someone else, cannot be prosecuted for possessing or ingesting the drugs. The idea is that removing the threat of prosecution will encourage people to call 911 without hesitation, which will ultimately save lives.

One of the Act's sponsors, Sen. Maria Sachs (D-Boca Raton) said, "Kids don't want to call because they're afraid of getting in trouble. Parents don't want to call because they know kids shouldn't be drinking in their homes." She explained that, under the old law, people "basically had an incentive not to call law enforcement when someone was overdosing. Our first focus has to be on the safety of our children and others. After that, we can worry about the civil liability."

The 911 Good Samaritan Act has the potential to save many lives. Florida saw 4,329 drug-related deaths the first half of 2011; prescription drug overdoses caused over 2,000 of them. While the exact impact of the new law is still difficult to ascertain, supporters are optimistic that the measure will help save lives. The key will be to educate the public of the changes so people will act to save lives without fear of punishment and retribution.

People facing drug charges in Florida are encouraged to seek help and legal representation from an experienced criminal defense attorney.

Article provided by Snure & Ponall, P.A.
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