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The Florida Senate

CS/CS/CS/SB 718 — Exposures of First Responders to Fentanyl and Fentanyl Analogs

by Fiscal Policy Committee; Appropriations Committee on Criminal and Civil Justice; Criminal Justice Committee; and Senators Collins and Hooper

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Criminal Justice Committee (CJ)

The bill creates s. 893.132, F.S., relating to dangerous fentanyl exposure of first responders resulting in overdose or serious bodily injury. First responder means an emergency medical technician, a paramedic, a firefighter, a correctional officer, a correctional probation officer, and a state or local law enforcement officer, who is acting in his or her official capacity.

The bill provides that a person 18 years of age or older who, in the course of unlawfully possessing dangerous fentanyl or fentanyl analogs, recklessly exposes a first responder to such substance that results in an overdose or serious bodily injury of the first responder, commits a second degree felony.

Dangerous fentanyl or fentanyl analogs means any controlled substance described in s. 893.135(1)(c)4.a.(I)-(VII), F.S.

The bill amends s. 893.21, F.S., to provide immunity from arrest and prosecution for a person who acting in good faith, seeks medical assistance because he or she, or another person is experiencing an alcohol or drug related overdose.

If approved by the Governor, or allowed to become law without the Governor’s signature, these provisions take effect October 1, 2024.

Vote: Senate 30-0; House 100-12