Florida Senate - 2024                       CS for CS for SB 718
       
       
        
       By the Appropriations Committee on Criminal and Civil Justice;
       the Committee on Criminal Justice; and Senators Collins and
       Hooper
       
       
       
       604-03272-24                                           2024718c2
    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         providing a defense; amending s. 893.21, F.S.;
   10         prohibiting the arrest, charging, prosecution, or
   11         penalizing under specified provisions of law of a
   12         person acting in good faith who seeks medical
   13         assistance for an individual experiencing, or believed
   14         to be experiencing, an alcohol-related or a drug
   15         related overdose; prohibiting the arrest, charging,
   16         prosecution, or penalizing under specified provisions
   17         of a person who experiences, or has a good faith
   18         belief that he or she is experiencing, an alcohol
   19         related or a drug-related overdose; providing an
   20         effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 893.132, Florida Statutes, is created to
   25  read:
   26         893.132Dangerous fentanyl exposure of first responder
   27  resulting in overdose or serious bodily injury.—
   28         (1)For purposes of this section, the term:
   29         (a)“Dangerous fentanyl or fentanyl analogs” means any
   30  controlled substance described in s. 893.135(1)(c)4.a.(I)-(VII).
   31         (b)“Expose” or “exposure” means to cause any of the
   32  following, including, but not limited to, ingestion, inhalation,
   33  needlestick injury, or absorption through skin or mucous
   34  membranes.
   35         (c)“First responder” means a law enforcement officer as
   36  defined in s. 943.10(1), a correctional officer as defined in s.
   37  943.10(2), a correctional probation officer as defined in s.
   38  943.10(3), a firefighter as defined in s. 633.102, an emergency
   39  medical technician as defined in s. 401.23, or a paramedic as
   40  defined in s. 401.23, who is acting in his or her official
   41  capacity.
   42         (d)“Overdose or serious bodily injury” means drug toxicity
   43  or a physical condition that creates a substantial risk of death
   44  or substantial loss or impairment of the function of any bodily
   45  member or organ.
   46         (e)”Recklessly” means a willful or wanton disregard for
   47  the safety of other persons.
   48         (2)A person 18 years of age or older who, in the course of
   49  unlawfully possessing dangerous fentanyl or fentanyl analogs,
   50  recklessly exposes a first responder to dangerous fentanyl or
   51  fentanyl analogs and an overdose or serious bodily injury of the
   52  first responder results, commits a felony of the second degree,
   53  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   54         (3)It is a defense to a violation of this section that a
   55  first responder acted outside the scope of ordinary care
   56  generally exercised by a member of his or her profession, and in
   57  doing so, caused or substantially contributed to his or her
   58  exposure.
   59         Section 2. Subsections (1) and (2) of section 893.21,
   60  Florida Statutes, are amended to read:
   61         893.21 Alcohol-related or drug-related overdoses; medical
   62  assistance; immunity from arrest, charge, prosecution, and
   63  penalization.—
   64         (1) A person acting in good faith who seeks medical
   65  assistance for an individual experiencing, or believed to be
   66  experiencing, an alcohol-related or a drug-related overdose may
   67  not be arrested, charged, prosecuted, or penalized for a
   68  violation of s. 893.132; s. 893.147(1); or s. 893.13(6),
   69  excluding paragraph (c), if the evidence for such offense was
   70  obtained as a result of the person’s seeking medical assistance.
   71         (2) A person who experiences, or has a good faith belief
   72  that he or she is experiencing, an alcohol-related or a drug
   73  related overdose and is in need of medical assistance may not be
   74  arrested, charged, prosecuted, or penalized for a violation of
   75  s. 893.132; s. 893.147(1); or s. 893.13(6), excluding paragraph
   76  (c), if the evidence for such offense was obtained as a result
   77  of the person’s seeking medical assistance.
   78         Section 3. This act shall take effect October 1, 2024.