Florida Senate - 2024                                     SB 718
       
       
        
       By Senator Collins
       
       
       
       
       
       14-00284A-24                                           2024718__
    1                        A bill to be entitled                      
    2         An act relating to exposures of first responders to
    3         fentanyl; creating s. 893.132, F.S.; defining terms;
    4         providing criminal penalties for persons who
    5         recklessly expose first responders to fentanyl,
    6         fentanyl derivatives, analogs of fentanyl, or mixtures
    7         containing such substances and an overdose or serious
    8         bodily injury of a first responder results, if the
    9         substance or mixture is proven to have caused or been
   10         a substantial factor in causing the overdose or
   11         serious bodily injury of the first responder;
   12         specifying prima facie evidence that a person
   13         experienced an overdose or a serious bodily injury;
   14         providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 893.132, Florida Statutes, is created to
   19  read:
   20         893.132 Fentanyl exposure of first responder resulting in
   21  overdose or serious bodily injury.—
   22         (1) As used in this section, the term:
   23         (a) “Emergency opioid antagonist” has the same meaning as
   24  in s. 381.887(1).
   25         (b) “Expose” means to cause any of the following,
   26  including, but not limited to, skin contact, inhalation,
   27  ingestion, contact with a needlestick that pricks the skin, or
   28  contact with a mucus membrane, including without limitation the
   29  mouth, eyes, or nose.
   30         (c) “First responder” means an emergency medical technician
   31  as defined in s. 401.23, a paramedic as defined in s. 401.23, a
   32  firefighter as defined in s. 633.102, or a state or local law
   33  enforcement officer as defined in s. 943.10.
   34         (d) “Medical care” means the administration of treatment
   35  for the purposes of preserving or sustaining life, including the
   36  administration of an emergency opioid antagonist.
   37         (e) “Overdose or serious bodily injury” means drug toxicity
   38  or a physical condition that creates a substantial risk of death
   39  or a substantial loss or impairment of the function of any
   40  bodily member or organ.
   41         (f) ”Recklessly” means in a manner that shows a willful or
   42  wanton disregard for the safety of other persons, such as when
   43  possessing a controlled substance as described in paragraphs
   44  (2)(a)-(d).
   45         (g) “Substantial factor” means that the use of a substance
   46  or mixture alone is sufficient to cause an overdose or serious
   47  bodily injury, regardless of whether any other substance or
   48  mixture used is also sufficient to cause an overdose or serious
   49  bodily injury.
   50         (2) A person who recklessly exposes a first responder to
   51  any of the following:
   52         (a) Fentanyl, as described in s. 893.03(2)(b)9.;
   53         (b) Fentanyl derivatives, as described in s.
   54  893.03(1)(a)62.;
   55         (c) A controlled substance analog, as described in s.
   56  893.0356, of any substance specified in paragraph (a) or
   57  paragraph (b); or
   58         (d) A mixture containing any substance specified in
   59  paragraph (a), paragraph (b), or paragraph (c),
   60  
   61  and an overdose or serious bodily injury of the first responder
   62  results commits a felony of the first degree, punishable as
   63  provided in s. 775.082, s. 775.083, or s. 775.084, if such
   64  substance or mixture is proven to have caused or been a
   65  substantial factor in causing the overdose or serious bodily
   66  injury of the first responder.
   67         (3) The administration of medical care by a first responder
   68  is prima facie evidence that the person receiving medical care
   69  experienced an overdose or serious bodily injury.
   70         Section 2. This act shall take effect October 1, 2024.