Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for SB 718
       
       
       
       
       
       
                                Ì720072vÎ720072                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/13/2024           .                                
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       The Appropriations Committee on Criminal and Civil Justice
       (Collins) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 35 - 45
    4  and insert:
    5         (e) ”Recklessly” means a willful or wanton disregard for
    6  the safety of other persons.
    7         (2) A person 18 years of age or older who, in the course of
    8  unlawfully possessing dangerous fentanyl or fentanyl analogs,
    9  recklessly exposes a first responder to dangerous fentanyl or
   10  fentanyl analogs and an overdose or serious bodily injury of the
   11  first responder results, commits a felony of the second degree,
   12  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   13         (3) It is a defense to a violation of this section that a
   14  first responder acted outside the scope of ordinary care
   15  generally exercised by a member of his or her profession, and in
   16  doing so, caused or substantially contributed to his or her
   17  exposure.
   18         Section 2. Subsections (1) and (2) of section 893.21,
   19  Florida Statutes, are amended to read:
   20         893.21 Alcohol-related or drug-related overdoses; medical
   21  assistance; immunity from arrest, charge, prosecution, and
   22  penalization.—
   23         (1) A person acting in good faith who seeks medical
   24  assistance for an individual experiencing, or believed to be
   25  experiencing, an alcohol-related or a drug-related overdose may
   26  not be arrested, charged, prosecuted, or penalized for a
   27  violation of s. 893.132, s. 893.147(1) or s. 893.13(6),
   28  excluding paragraph (c), if the evidence for such offense was
   29  obtained as a result of the person’s seeking medical assistance.
   30         (2) A person who experiences, or has a good faith belief
   31  that he or she is experiencing, an alcohol-related or a drug
   32  related overdose and is in need of medical assistance may not be
   33  arrested, charged, prosecuted, or penalized for a violation of
   34  s. 893.132, s. 893.147(1) or s. 893.13(6), excluding paragraph
   35  (c), if the evidence for such offense was obtained as a result
   36  of the person’s seeking medical assistance.
   37         
   38  
   39  ================= T I T L E  A M E N D M E N T ================
   40  And the title is amended as follows:
   41         Delete lines 6 - 9
   42  and insert:
   43         controlled substances and who recklessly expose a
   44         first responder to such substances, and the exposure
   45         results in an overdose or serious bodily injury;
   46         providing a defense; amending s. 893.21; providing
   47         applicability; providing an effective date.