Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 718
       
       
       
       
       
       
                                Ì738808JÎ738808                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/23/2024           .                                
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       The Committee on Criminal Justice (Collins) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 893.132, Florida Statutes, is created to
    6  read:
    7         893.132 Dangerous fentanyl exposure of first responder
    8  resulting in overdose or serious bodily injury.—
    9         (1) For purposes of this section, the term:
   10         (a) “Dangerous fentanyl or fentanyl analogs” means any
   11  controlled substance described in s. 893.135(1)(c)4.a.(I)-(VII).
   12         (b) “Expose” or “exposure” means to cause any of the
   13  following, including, but not limited to, ingestion, inhalation,
   14  needlestick injury, or absorption through skin or mucous
   15  membranes.
   16         (c) “First responder” means a law enforcement officer as
   17  defined in s. 943.10(1), a correctional officer as defined in s.
   18  943.10(2), a correctional probation officer as defined in s.
   19  943.10(3), a firefighter as defined in s. 633.102, an emergency
   20  medical technician as defined in s. 401.23, or a paramedic as
   21  defined in s. 401.23, who is acting in his or her official
   22  capacity.
   23         (d) “Overdose or serious bodily injury” means drug toxicity
   24  or a physical condition that creates a substantial risk of death
   25  or substantial loss or impairment of the function of any bodily
   26  member or organ.
   27         (2) A person 18 years of age or older who, in the course of
   28  unlawfully possessing dangerous fentanyl or fentanyl analogs,
   29  exposes a first responder to dangerous fentanyl or fentanyl
   30  analogs and an overdose or serious bodily injury of the first
   31  responder results, commits a felony of the first degree,
   32  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   33         (3) It is an affirmative defense to a violation of this
   34  section that a first responder acted so far outside the scope of
   35  ordinary care generally exercised by a member of his or her
   36  profession that he or she caused or substantially contributed to
   37  the exposure.
   38         Section 2. This act shall take effect October 1, 2024.
   39  
   40  ================= T I T L E  A M E N D M E N T ================
   41  And the title is amended as follows:
   42         Delete everything before the enacting clause
   43  and insert:
   44                        A bill to be entitled                      
   45         An act relating to exposures of first responders to
   46         fentanyl and fentanyl analogs; creating s. 893.132,
   47         F.S.; providing definitions; providing criminal
   48         penalties for adults who unlawfully possess specified
   49         controlled substances and who expose a first responder
   50         to such substances, and the exposure results in an
   51         overdose or serious bodily injury; providing an
   52         affirmative defense; providing an effective date.