CODING: Words stricken are deletions; words underlined are additions.House Bill 0185
Florida House of Representatives - 1997 HB 185
By Representative Maygarden
1 A bill to be entitled
2 An act relating to expenses incurred by persons
3 during their apprehension; amending s. 901.35,
4 F.S.; prescribing the financial responsibility
5 for medical and other specified expenses of a
6 person who becomes ill, wounded, or injured
7 during apprehension for violation of a state
8 law or county or municipal ordinance; providing
9 that responsibility for such expenses exists
10 until treatment is completed; prescribing
11 guidelines for payment of such costs from the
12 county or municipal general fund; providing for
13 assignment of benefits to a health care
14 provider; prescribing responsibilities of the
15 arresting or apprehending law enforcement
16 agency and guidelines relating to provision of
17 security to an arrested or apprehended person
18 transported to a licensed health care facility
19 and to facility patients and employees;
20 providing an effective date.
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22 Be It Enacted by the Legislature of the State of Florida:
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24 Section 1. Section 901.35, Florida Statutes, is
25 amended to read:
26 901.35 Financial responsibility for medical expenses;
27 provision of security.--
28 (1) Notwithstanding any other provision of law, the
29 responsibility for paying the expenses of medical care,
30 treatment, hospitalization, and transportation for any person
31 ill, wounded, or otherwise injured during or at the time of
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Florida House of Representatives - 1997 HB 185
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1 arrest for any violation of a state law or a county or
2 municipal ordinance, or during the course of being apprehended
3 for the violation regardless of whether the person is
4 subsequently arrested, is the responsibility of the person
5 receiving such care, treatment, hospitalization, and
6 transportation. The provider of such services shall seek
7 reimbursement for the expenses incurred in providing medical
8 care, treatment, hospitalization, and transportation from the
9 following sources in the following order:
10 (a) From an insurance company, health care
11 corporation, or other source, if the person prisoner is
12 covered by an insurance policy or subscribes to a health care
13 corporation or other source for those expenses.
14 (b) From the person receiving the medical care,
15 treatment, hospitalization, or transportation.
16 (c) From a financial settlement for the medical care,
17 treatment, hospitalization, or transportation payable or
18 accruing to the injured party.
19 (2) Upon a showing that reimbursement from the sources
20 listed in subsection (1) is not available, the costs of
21 medical care, treatment, hospitalization, and transportation
22 shall be paid:
23 (a) From the general fund of the county in which the
24 person was arrested or apprehended, if the arrest or
25 apprehension was for violation of a state law or county
26 ordinance; or
27 (b) From the municipal general fund, if the arrest or
28 apprehension was for violation of a municipal ordinance.
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30 The responsibility for payment of such medical costs shall
31 exist until such time as the treatment rendered to an arrested
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Florida House of Representatives - 1997 HB 185
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1 or apprehended person for the illness or injury has been
2 completed is released from the custody of the arresting
3 agency.
4 (3) An arrested or apprehended person who has health
5 insurance, subscribes to a health care corporation, or
6 receives health care benefits from any other source shall
7 assign such benefits to the health care provider.
8 (4) For any person who is ill, wounded, or otherwise
9 injured during or at the time of arrest for any violation of a
10 state law or a county or municipal ordinance, or during the
11 course of being apprehended for the violation regardless of
12 whether the person is subsequently arrested, and who is
13 subsequently transported to a licensed health care facility
14 for treatment, the arresting or apprehending law enforcement
15 agency is responsible for providing all necessary security to
16 ensure the safety of the arrested or apprehended person and of
17 the patients and employees of the facility. If the arresting
18 or apprehending law enforcement agency determines that
19 security is unnecessary, the law enforcement agency must
20 certify in writing to the health care facility that security
21 is unnecessary.
22 Section 2. This act shall take effect July 1, 1997.
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Florida House of Representatives - 1997 HB 185
555-102C-97
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2 SENATE SUMMARY
3 Provides that the responsibility for paying the expenses
of medical care and other specified expenses of a person
4 who becomes ill, wounded, or injured while being
apprehended for violating a state law or county or
5 municipal ordinance, regardless of whether a subsequent
arrest is made, is the responsibility of the person
6 receiving the care, treatment, hospitalization, or
transportation. Responsibility for payment of such
7 expenses continues until treatment is completed. Provides
for assignment of benefits to the health care provider.
8 Prescribes the responsibilities of an arresting or
apprehending law enforcement agency and guidelines for
9 providing security to an arrested or apprehended person
who is transported to a licensed health care facility and
10 to facility employees and patients.
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