CS/HB 231 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0231-01-c1
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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; creating s. 893.132, 3
F.S.; providing definitions; providing criminal 4
penalties for adults who unlawfully possess specified 5
controlled substances and who expose a first responder 6
to such substances, if the exposure results in an 7
overdose or serious bodily injury; providing an 8
affirmative defense; providing an effective date. 9
10
Be It Enacted by the Legislature of the State of Florida: 11
12
Section 1. Section 893.132, Florida Statutes, is created 13
to read: 14
893.132 Dangerous fentanyl exposure of first responder 15
resulting in overdose or serious bodily injury. — 16
(1) For purposes of thi s section, the term: 17
(a) "Dangerous fentanyl or fentanyl analogues" means any 18
controlled substance described in s. 893.135(1)(c)4.a.(I) -(VII). 19
(b) "Expose or exposure" means to cause any of the 20
following, including, but not limited to, ingestion, inhal ation, 21
needlestick injury, or absorption through skin or mucous 22
membranes. 23
(c) "First responder" means a law enforcement officer as 24
defined in s. 943.10(1), a correctional officer as defined in s. 25
CS/HB 231 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0231-01-c1
Page 2 of 2
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
943.10(2), a correctional probation officer as defined i n s. 26
943.10(3), a firefighter as defined in s. 633.102, an emergency 27
medical technician as defined in s. 401.23, or a paramedic as 28
defined in s. 401.23, who is acting in his or her official 29
capacity. 30
(d) "Overdose or serious bodily injury" means drug 31
toxicity or a physical condition that creates a substantial risk 32
of death or substantial loss or impairment of the function of 33
any bodily member or organ. 34
(2) A person 18 years of age or older who, in the course 35
of unlawfully possessing dangerous fentanyl or fentanyl 36
analogues, exposes a first responder to dangerous fentanyl or 37
fentanyl analogues and an overdose or serious bodily injury of 38
the first responder results, commits a felony of the first 39
degree, punishable as provided in s. 775.082, s. 775.083, o r s. 40
775.084. 41
(3) It is a defense to a violation of this section that a 42
first responder acted so far outside the scope of ordinary care 43
generally exercised by a member of his or her profession that he 44
or she caused or substantially contributed to the exp osure. 45
Section 2. This act shall take effect October 1, 2024. 46