HB 231 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to exposures of first responders to 2
fentanyl and fentanyl analogs; amending s. 784.07, 3
F.S.; providing criminal penalties for persons who 4
unlawfully and intentionally possess specified 5
controlled substances or mixtures and who expose state 6
or local law enforcement officers, firefighters, 7
emergency medical technicians, or paramedics who are 8
acting in their official capacity to such substances 9
or mixtures, when that exposure results in serious 10
injury; providing a mandatory minimum term of 11
imprisonment; providing enhanced criminal penalties if 12
the injury sustained results in death or great bodily 13
harm; providing a mandatory minimum term of 14
imprisonment; defining the term "expose"; making 15
technical changes; providing an effective date. 16
17
Be It Enacted by the Legislature of the State of Florida: 18
19
Section 1. Section 784.07, Florida Statutes, is amended to 20
read: 21
784.07 Assault or battery of law enforcement officers and 22
other specified personnel; reclassification of offenses; 23
exposure of law enforcement officers, firefighters, emergency 24
medical technicians, or paramedics to specified controlled 25
HB 231 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
substances or mixtures; minimum sentences.— 26
(1) As used in this section, the term: 27
(a) "Emergency medical care provider" means an ambulance 28
driver, an emergency medical technician, a paramedic, a 29
registered nurse, a physician as defined in s. 401.23, a medical 30
director as defined in s. 401.23, or any person authorized by an 31
emergency medical service licensed under chapter 401 who is 32
engaged in the performance of his or her duties. The term 33
"emergency medical care provider" also includes physicians, 34
employees, agents, or volunteers of hospitals as defi ned in 35
chapter 395, who are employed, under contract, or otherwise 36
authorized by a hospital to perform duties directly associated 37
with the care and treatment rendered by the hospital's emergency 38
department or the security thereof. 39
(b) "Firefighter" means any person employed by any public 40
employer of this state whose duty it is to extinguish fires; to 41
protect life or property; or to enforce municipal, county, and 42
state fire prevention codes, as well as any law pertaining to 43
the prevention and control of fi res. 44
(c) "Hospital personnel" means a health care practitioner 45
as defined in s. 456.001, an employee, an agent, or a volunteer 46
who is employed, under contract, or otherwise authorized by a 47
hospital, as defined in s. 395.002, to perform duties directly 48
associated with the care and treatment rendered by any 49
department of a hospital or with the security thereof. 50
HB 231 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(d) "Law enforcement explorer" means any person who is a 51
current member of a law enforcement agency's explorer program 52
and who is performing funct ions other than those required to be 53
performed by sworn law enforcement officers on behalf of a law 54
enforcement agency while under the direct physical supervision 55
of a sworn officer of that agency and wearing a uniform that 56
bears at least one patch that cl early identifies the law 57
enforcement agency that he or she represents. 58
(e) "Law enforcement officer" includes a law enforcement 59
officer, a correctional officer, a correctional probation 60
officer, a part-time law enforcement officer, a part -time 61
correctional officer, an auxiliary law enforcement officer, and 62
an auxiliary correctional officer, as those terms are 63
respectively defined in s. 943.10, and any county probation 64
officer; an employee or agent of the Department of Corrections 65
who supervises or provide s services to inmates; an officer of 66
the Florida Commission on Offender Review; a federal law 67
enforcement officer as defined in s. 901.1505; and law 68
enforcement personnel of the Fish and Wildlife Conservation 69
Commission, the Department of Environmental Pro tection, or the 70
Department of Law Enforcement. 71
(f) "Public transit employees or agents" means bus 72
operators, train operators, revenue collectors, security 73
personnel, equipment maintenance personnel, or field 74
supervisors, who are employees or agents of a transit agency as 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
described in s. 812.015(1)(l). 76
(g) "Railroad special officer" means a person employed by 77
a Class I, Class II, or Class III railroad pursuant to s. 78
354.01. 79
(2) Whenever any person is charged with knowingly 80
committing an assault or a battery upon a law enforcement 81
officer, a firefighter, an emergency medical care provider, 82
hospital personnel, a railroad special officer, a traffic 83
accident investigation officer as described in s. 316.640, a 84
nonsworn law enforcement agency employee who is certified as an 85
agency inspector, a blood alcohol analyst, or a breath test 86
operator while such employee is in uniform and engaged in 87
processing, testing, evaluating, analyzing, or transporting a 88
person who is detained or under arrest for DUI, a law 89
enforcement explorer, a traffic infraction enforcement officer 90
as described in s. 316.640, a parking enforcement specialist as 91
defined in s. 316.640, a person licensed as a security officer 92
as defined in s. 493.6101 and wearing a uniform that bears at 93
least one patch or emblem that is visible at all times that 94
clearly identifies the employing agency and that clearly 95
identifies the person as a licensed security officer, or a 96
security officer employed by the board of trustees of a 97
community college, while the offic er, firefighter, emergency 98
medical care provider, hospital personnel, railroad special 99
officer, traffic accident investigation officer, traffic 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
infraction enforcement officer, inspector, analyst, operator, 101
law enforcement explorer, parking enforcement spec ialist, public 102
transit employee or agent, or security officer is engaged in the 103
lawful performance of his or her duties, the offense for which 104
the person is charged must shall be reclassified as follows: 105
(a) In the case of assault, from a misdemeanor of the 106
second degree to a misdemeanor of the first degree. 107
(b) In the case of battery, from a misdemeanor of the 108
first degree to a felony of the third degree. Notwithstanding 109
any other provision of law, a person convicted of battery upon a 110
law enforcement officer committed in furtherance of a riot or an 111
aggravated riot prohibited under s. 870.01 must shall be 112
sentenced to a minimum term of imprisonment of 6 months. 113
(c) In the case of aggravated assault, from a felony of 114
the third degree to a felony of the second degree. 115
Notwithstanding any other provision of law, any person convicted 116
of aggravated assault upon a law enforcement officer must shall 117
be sentenced to a minimum term of imprisonment of 3 years. 118
(d) In the case of aggravated batt ery, from a felony of 119
the second degree to a felony of the first degree. 120
Notwithstanding any other provision of law, any person convicted 121
of aggravated battery of a law enforcement officer must shall be 122
sentenced to a minimum term of imprisonment of 5 year s. 123
(3) Any person who is convicted of a battery under 124
paragraph (2)(b) and, during the commission of the offense, such 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
person possessed: 126
(a) A "firearm" or "destructive device" as those terms are 127
defined in s. 790.001, must shall be sentenced to a mini mum term 128
of imprisonment of 3 years. 129
(b) A semiautomatic firearm and its high -capacity 130
detachable box magazine, as defined in s. 775.087(3), or a 131
machine gun as defined in s. 790.001, must shall be sentenced to 132
a minimum term of imprisonment of 8 years. 133
134
Notwithstanding s. 948.01, adjudication of guilt or imposition 135
of sentence may shall not be suspended, deferred, or withheld, 136
and the defendant is not eligible for statutory gain -time under 137
s. 944.275 or any form of discretionary early release, other 138
than pardon or executive clemency, or conditional medical 139
release under s. 947.149, before prior to serving the minimum 140
sentence. 141
(4) A person who unlawfully and intentionally possesses 142
any controlled substance or mixture listed in s. 893.13(1)(i)1. 143
and exposes a state or local law enforcement officer as defined 144
in s. 943.10, a firefighter as defined in s. 633.102, an 145
emergency medical technician as defined in s. 401.23, or a 146
paramedic as defined in s. 401.23, any of whom is acting in his 147
or her official capa city, to such substance or mixture, and the 148
exposure results in a serious injury, commits a felony of the 149
second degree, punishable as provided in s. 775.082, s. 775.083, 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
or s. 775.084, and, upon conviction thereof, must be sentenced 151
to a mandatory minimum term of imprisonment of 15 years. If the 152
injury sustained results in death or great bodily harm, the 153
person commits a felony of the first degree, punishable as 154
provided in s. 775.082, s. 775.083, or s. 775.084, and, upon 155
conviction thereof, must be senten ced to a mandatory minimum 156
term of imprisonment of 30 years. As used in this subsection, 157
the term "expose" includes, without limitation, exposure through 158
skin contact, inhalation, ingestion, or contact with the site of 159
a needlestick or a mucus membrane, in cluding, without 160
limitation, the mouth, eyes, or nose. 161
(5) For purposes of sentencing under chapter 921, a felony 162
violation of this section committed by a person acting in 163
furtherance of a riot or an aggravated riot prohibited under s. 164
870.01 is ranked one level above the ranking under s. 921.0022 165
for the offense committed. 166
Section 2. This act shall take effect October 1, 2024. 167