Florida Senate - 2024 CS for CS for SB 718
By the Appropriations Committee on Criminal and Civil Justice;
the Committee on Criminal Justice; and Senators Collins and
Hooper
604-03272-24 2024718c2
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.; defining terms; providing criminal penalties for
5 adults who, in the course of unlawfully possessing
6 specified controlled substances, recklessly expose a
7 first responder to such substances and an overdose or
8 serious bodily injury of the first responder results;
9 providing a defense; amending s. 893.21, F.S.;
10 prohibiting the arrest, charging, prosecution, or
11 penalizing under specified provisions of law of a
12 person acting in good faith who seeks medical
13 assistance for an individual experiencing, or believed
14 to be experiencing, an alcohol-related or a drug
15 related overdose; prohibiting the arrest, charging,
16 prosecution, or penalizing under specified provisions
17 of a person who experiences, or has a good faith
18 belief that he or she is experiencing, an alcohol
19 related or a drug-related overdose; providing an
20 effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Section 893.132, Florida Statutes, is created to
25 read:
26 893.132 Dangerous fentanyl exposure of first responder
27 resulting in overdose or serious bodily injury.—
28 (1) For purposes of this section, the term:
29 (a) “Dangerous fentanyl or fentanyl analogs” means any
30 controlled substance described in s. 893.135(1)(c)4.a.(I)-(VII).
31 (b) “Expose” or “exposure” means to cause any of the
32 following, including, but not limited to, ingestion, inhalation,
33 needlestick injury, or absorption through skin or mucous
34 membranes.
35 (c) “First responder” means a law enforcement officer as
36 defined in s. 943.10(1), a correctional officer as defined in s.
37 943.10(2), a correctional probation officer as defined in s.
38 943.10(3), a firefighter as defined in s. 633.102, an emergency
39 medical technician as defined in s. 401.23, or a paramedic as
40 defined in s. 401.23, who is acting in his or her official
41 capacity.
42 (d) “Overdose or serious bodily injury” means drug toxicity
43 or a physical condition that creates a substantial risk of death
44 or substantial loss or impairment of the function of any bodily
45 member or organ.
46 (e) ”Recklessly” means a willful or wanton disregard for
47 the safety of other persons.
48 (2) A person 18 years of age or older who, in the course of
49 unlawfully possessing dangerous fentanyl or fentanyl analogs,
50 recklessly exposes a first responder to dangerous fentanyl or
51 fentanyl analogs and an overdose or serious bodily injury of the
52 first responder results, commits a felony of the second degree,
53 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
54 (3) It is a defense to a violation of this section that a
55 first responder acted outside the scope of ordinary care
56 generally exercised by a member of his or her profession, and in
57 doing so, caused or substantially contributed to his or her
58 exposure.
59 Section 2. Subsections (1) and (2) of section 893.21,
60 Florida Statutes, are amended to read:
61 893.21 Alcohol-related or drug-related overdoses; medical
62 assistance; immunity from arrest, charge, prosecution, and
63 penalization.—
64 (1) A person acting in good faith who seeks medical
65 assistance for an individual experiencing, or believed to be
66 experiencing, an alcohol-related or a drug-related overdose may
67 not be arrested, charged, prosecuted, or penalized for a
68 violation of s. 893.132; s. 893.147(1); or s. 893.13(6),
69 excluding paragraph (c), if the evidence for such offense was
70 obtained as a result of the person’s seeking medical assistance.
71 (2) A person who experiences, or has a good faith belief
72 that he or she is experiencing, an alcohol-related or a drug
73 related overdose and is in need of medical assistance may not be
74 arrested, charged, prosecuted, or penalized for a violation of
75 s. 893.132; s. 893.147(1); or s. 893.13(6), excluding paragraph
76 (c), if the evidence for such offense was obtained as a result
77 of the person’s seeking medical assistance.
78 Section 3. This act shall take effect October 1, 2024.