Bill Text: FL S0718 | 2024 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Exposures of First Responders to Fentanyl and Fentanyl Analogs
Spectrum: Bipartisan Bill
Status: (Passed) 2024-04-09 - Chapter No. 2024-68 [S0718 Detail]
Download: Florida-2024-S0718-Comm_Sub.html
Bill Title: Exposures of First Responders to Fentanyl and Fentanyl Analogs
Spectrum: Bipartisan Bill
Status: (Passed) 2024-04-09 - Chapter No. 2024-68 [S0718 Detail]
Download: Florida-2024-S0718-Comm_Sub.html
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.