CS for SB 612                                    First Engrossed
       
       
       
       
       
       
       
       
       2025612e1
       
    1                        A bill to be entitled                      
    2         An act relating to unlawful distribution of controlled
    3         substances resulting in death; amending s. 782.04,
    4         F.S.; defining the terms “dangerous fentanyl or
    5         fentanyl analogs” and “distribute”; creating an
    6         offense of murder in the third degree; providing
    7         penalties; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (5) of section 782.04, Florida
   12  Statutes, is renumbered as subsection (6), and a new subsection
   13  (5) is added to that section to read:
   14         782.04 Murder.—
   15         (5)(a) As used in this subsection, the term:
   16         1. “Dangerous fentanyl or fentanyl analogs” means any
   17  controlled substance described in s. 893.135(1)(c)4.a.(I)–(VII).
   18         2. “Distribute” has the same meaning as in s. 893.02.
   19         (b) The unlawful killing of a human being, when perpetrated
   20  without any design to effect death, which resulted from the
   21  unlawful distribution by a person less than 18 years of age of
   22  any substance or mixture that he or she knew or reasonably
   23  should have known contained dangerous fentanyl or fentanyl
   24  analogs when such substance or mixture is proven to have caused,
   25  or is proven to have been a substantial factor in producing, the
   26  death of the user, is murder in the third degree and constitutes
   27  a felony of the second degree, punishable as provided in s.
   28  775.082, s. 775.083, or s. 775.084.
   29         Section 2. This act shall take effect July 1, 2025.