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.