Florida Senate - 2024                              CS for SB 718
       
       
        
       By the Committee on Criminal Justice; and Senators Collins and
       Hooper
       
       
       
       
       591-02405-24                                           2024718c1
    1                        A bill to be entitled                      
    2         An act relating to exposures of first responders to
    3         fentanyl and fentanyl analogs; creating s. 893.132,
    4         F.S.; providing definitions; providing criminal
    5         penalties for adults who unlawfully possess specified
    6         controlled substances and who expose a first responder
    7         to such substances, and the exposure results in an
    8         overdose or serious bodily injury; providing a
    9         defense; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 893.132, Florida Statutes, is created to
   14  read:
   15         893.132 Dangerous fentanyl exposure of first responder
   16  resulting in overdose or serious bodily injury.—
   17         (1) For purposes of this section, the term:
   18         (a) “Dangerous fentanyl or fentanyl analogs” means any
   19  controlled substance described in s. 893.135(1)(c)4.a.(I)-(VII).
   20         (b) “Expose” or “exposure” means to cause any of the
   21  following, including, but not limited to, ingestion, inhalation,
   22  needlestick injury, or absorption through skin or mucous
   23  membranes.
   24         (c) “First responder” means a law enforcement officer as
   25  defined in s. 943.10(1), a correctional officer as defined in s.
   26  943.10(2), a correctional probation officer as defined in s.
   27  943.10(3), a firefighter as defined in s. 633.102, an emergency
   28  medical technician as defined in s. 401.23, or a paramedic as
   29  defined in s. 401.23, who is acting in his or her official
   30  capacity.
   31         (d) “Overdose or serious bodily injury” means drug toxicity
   32  or a physical condition that creates a substantial risk of death
   33  or substantial loss or impairment of the function of any bodily
   34  member or organ.
   35         (2) A person 18 years of age or older who, in the course of
   36  unlawfully possessing dangerous fentanyl or fentanyl analogs,
   37  exposes a first responder to dangerous fentanyl or fentanyl
   38  analogs and an overdose or serious bodily injury of the first
   39  responder results, commits a felony of the second degree,
   40  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   41         (3) It is a defense to a violation of this section that a
   42  first responder acted outside the scope of ordinary care
   43  generally exercised by a member of his or her profession, and in
   44  doing so, caused or substantially contributed to his or her
   45  exposure.
   46         Section 2. This act shall take effect October 1, 2024.