Florida Senate - 2024                CS for CS for CS for SB 718
       
       
        
       By the Committee on Fiscal Policy; the Appropriations Committee
       on Criminal and Civil Justice; the Committee on Criminal
       Justice; and Senators Collins and Hooper
       
       
       
       594-03825-24                                           2024718c3
    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         amending s. 893.21, F.S.; prohibiting the arrest,
   10         charging, prosecution, or penalizing under specified
   11         provisions of law of a person acting in good faith who
   12         seeks medical assistance for an individual
   13         experiencing, or believed to be experiencing, an
   14         alcohol-related or a drug-related overdose;
   15         prohibiting the arrest, charging, prosecution, or
   16         penalizing under specified provisions of a person who
   17         experiences, or has a good faith belief that he or she
   18         is experiencing, an alcohol-related or a drug-related
   19         overdose; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 893.132, Florida Statutes, is created to
   24  read:
   25         893.132 Dangerous fentanyl exposure of first responder
   26  resulting in overdose or serious bodily injury.—
   27         (1) For purposes of this section, the term:
   28         (a) “Dangerous fentanyl or fentanyl analogs” means any
   29  controlled substance described in s. 893.135(1)(c)4.a.(I)-(VII).
   30         (b) “Expose” or “exposure” means to cause any of the
   31  following, including, but not limited to, ingestion, inhalation,
   32  needlestick injury, or absorption through skin or mucous
   33  membranes.
   34         (c) “First responder” means a law enforcement officer as
   35  defined in s. 943.10(1), a correctional officer as defined in s.
   36  943.10(2), a correctional probation officer as defined in s.
   37  943.10(3), a firefighter as defined in s. 633.102, an emergency
   38  medical technician as defined in s. 401.23, or a paramedic as
   39  defined in s. 401.23, who is acting in his or her official
   40  capacity.
   41         (d) “Overdose or serious bodily injury” means drug toxicity
   42  or a physical condition that creates a substantial risk of death
   43  or substantial loss or impairment of the function of any bodily
   44  member or organ.
   45         (e) ”Recklessly” means a willful or wanton disregard for
   46  the safety of other persons.
   47         (2) A person 18 years of age or older who, in the course of
   48  unlawfully possessing dangerous fentanyl or fentanyl analogs,
   49  recklessly exposes a first responder to dangerous fentanyl or
   50  fentanyl analogs and an overdose or serious bodily injury of the
   51  first responder results, commits a felony of the second degree,
   52  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   53         Section 2. Subsections (1) and (2) of section 893.21,
   54  Florida Statutes, are amended to read:
   55         893.21 Alcohol-related or drug-related overdoses; medical
   56  assistance; immunity from arrest, charge, prosecution, and
   57  penalization.—
   58         (1) A person acting in good faith who seeks medical
   59  assistance for an individual experiencing, or believed to be
   60  experiencing, an alcohol-related or a drug-related overdose may
   61  not be arrested, charged, prosecuted, or penalized for a
   62  violation of s. 893.132; s. 893.147(1); or s. 893.13(6),
   63  excluding paragraph (c), if the evidence for such offense was
   64  obtained as a result of the person’s seeking medical assistance.
   65         (2) A person who experiences, or has a good faith belief
   66  that he or she is experiencing, an alcohol-related or a drug
   67  related overdose and is in need of medical assistance may not be
   68  arrested, charged, prosecuted, or penalized for a violation of
   69  s. 893.132; s. 893.147(1); or s. 893.13(6), excluding paragraph
   70  (c), if the evidence for such offense was obtained as a result
   71  of the person’s seeking medical assistance.
   72         Section 3. This act shall take effect October 1, 2024.