This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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DATE: 3/11/2024
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS
BILL #: CS/CS/HB 231 Exposures of First Responders to Fentanyl and Fentanyl Analogs
SPONSOR(S): Judiciary Committee and Criminal Justice Subcommittee, Baker and others
TIED BILLS: IDEN./SIM. BILLS: CS/CS/CS/SB 718
FINAL HOUSE FLOOR ACTION: 100 Y’s
12 N’s GOVERNOR’S ACTION: Pending
SUMMARY ANALYSIS
CS/CS/HB 231 passed the House on March 6, 2024, as CS/CS/CS/SB 718.
Fentanyl is a synthetic opioid analgesic that is approximately 50 to 100 times more potent than morphine.
When prescribed by a physician, fentanyl is typically used to treat patients with severe pain or to manage pain
after surgery and is administered via injection, transdermal patch, or in lozenges. Although prescription
fentanyl can be misused, most overdoses and related deaths have been linked to illicitly manufactured
fentanyl, including fentanyl analogs.
With the increase in the illicit use of fentanyl, first responders such as law enforcement officers are increasingly
coming into contact with fentanyl that is seized while making arrests and traffic stops. In recent years, there
have been several reports of law enforcement officers suffering medical complications such as
lightheadedness, heart palpitations, and nausea after being exposed to fentanyl. In some instances, the
symptoms were severe enough to cause other officers on the scene to respond by administering an opioid
antagonist, such as Narcan. Toxicologists and medical doctors, however, caution that fentanyl, although highly
toxic, is relatively difficult to transmit through skin contact without a transdermal patch and likely would not
remain airborne in sufficient quantities to cause a medical issue if inhaled.
The bill creates s. 893.132, F.S., to provide a criminal penalty, punishable as a second degree felony, if a
person 18 years or older who is unlawfully in possession of dangerous fentanyl or fentanyl analogs recklessly
exposes a first responder, including a law enforcement officer, correctional officer, correctional probation
officer, firefighter, emergency medical technician, or paramedic, to such fentanyl or fentanyl analogs and an
overdose or serious bodily injury of the first responder results. The bill defines “recklessly” to mean a willful or
wanton disregard for the safety of other persons. Under the bill, “expose or exposure” means to cause any of
the following, including, but not limited to, ingestion, inhalation, needlestick injury, or absorption through skin or
mucous membranes. The bill defines “overdose or serious bodily injury" as drug toxicity or a physical condition
that creates a substantial risk of death or substantial loss or impairment of the function of any bodily member or
organ.
The bill amends s. 893.21, F.S., to expand the immunity provision in current law to prohibit a person from being
arrested, charged, prosecuted, or penalized for violating the prohibition against recklessly exposing a first
responder to dangerous fentanyl or fentanyl analogs created by the bill if the evidence for such offense was
obtained as the result of a person seeking medical assistance for himself or herself or another individual who is
experiencing, or believed to be experiencing, an alcohol-related or drug-related overdose.
The Criminal Justice Impact Conference considered a similar version of the bill on February 12, 2024, and
determined that the bill may have a positive insignificant prison and jail bed impact by creating a new second
degree felony offense.
Subject to the Governor’s veto powers, the effective date of this bill is October 1, 2024.
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I. SUBSTANTIVE INFORMATION
A. EFFECT OF CHANGES:
Background
Controlled Substances
Chapter 893, F.S., the Florida Comprehensive Drug Abuse Prevention and Control Act, classifies
controlled substances
1
into five categories, called schedules. These schedules regulate the
manufacture, distribution, preparation, and dispensing of the substances listed therein. The
distinguishing factors between the different drug schedules are the “potential for abuse”
2
of the
substance and whether there is a currently accepted medical use for the substance.
3
The controlled
substance schedules are as follows:
Schedule I substances have a high potential for abuse and currently have no accepted medical
use in the United States, including substances such as cannabis and heroin.
4
Schedule II substances have a high potential for abuse and have a currently accepted but
severely restricted medical use in the United States, including substances such as raw opium,
fentanyl, and codeine.
5
Schedule III substances have a potential for abuse less than the substances contained in
Schedules I and II and have a currently accepted medical use in the United States, including
substances such as stimulants and anabolic steroids.
6
Schedule IV substances have a low potential for abuse relative to substances in Schedule III
and have a currently accepted medical use in the United States, including substances such as
benzodiazepines and barbiturates.
7
Schedule V substances have a low potential for abuse relative to the substances in Schedule IV
and have a currently accepted medical use in the United States, including substances such as
mixtures that contain small quantities of opiates, narcotics, or stimulants.
8
Fentanyl
Fentanyl is a synthetic opioid analgesic that is approximately 50 to 100 times more potent than
morphine.
9
When prescribed by a physician, fentanyl is typically used to treat patients with severe pain
or to manage pain after surgery and is administered via injection, transdermal patch, or in lozenges.
10
Although prescription fentanyl can be misused, most overdoses and related deaths have been linked to
illicitly manufactured fentanyl, including fentanyl analogs.
11
Fentanyl and fentanyl-related substances
are classified as Schedule II controlled substances.
12
As the illicit use of fentanyl increases, first responders such as law enforcement officers are
increasingly coming into contact with fentanyl that is seized while making arrests and traffic stops.
13
In
1
“Controlled substance” means any substance named or described in Schedules I-V of s. 893.03, F.S. S. 893.02(4), F.S.
2
“Potential for abuse” means that a substance has properties as a central nervous system stimulant or depressant or a hallucinogen
that create a substantial likelihood of its being: 1) used in amounts that create a hazard to the user’s health or safety of the community;
2) diverted from legal channels and distributed through illegal channels; or 3) taken on the user’s own initiative rather than on the basis
of professional medical advice. S. 893.035(3)(a), F.S.
3
See s. 893.03, F.S.
4
S. 893.03(1), F.S.
5
S. 893.03(2), F.S.
6
S. 893.03(3), F.S.
7
S. 893.03(4), F.S.
8
S. 893.03(5), F.S.
9
National Institute on Drug Abuse, What is Fentanyl?, https://nida.nih.gov/publications/drugfacts/fentanyl (last visited Mar. 11, 2024).
10
Id.
11
Centers for Disease Control and Prevention, Fentanyl, https://www.cdc.gov/opioids/basics/fentanyl.html (last visited Mar. 11, 2024).
12
S. 893.03(2)(b)1., 6., 9., 29., 30., and 32., F.S.
13
FOX 10, Florida Officer Accidentally Overdoses on Fentanyl, Body Cam Video Released,
https://www.fox10tv.com/2022/12/16/florida-officer-accidentally-overdoses-fentanyl-body-cam-video-released/ (last visited
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recent years, there have been several reports of law enforcement officers suffering medical
complications such as lightheadedness, heart palpitations, and nausea after being exposed to
fentanyl.
14
In some instances, the symptoms were severe enough to cause other officers on the scene
to respond by administering an opioid antagonist, such as Narcan.
15
However, these incidents have
been disputed by toxicologists and medical doctors who claim that fentanyl is relatively difficult to
transmit through skin contact without a transdermal patch and would likely not remain airborne in
sufficient quantities to cause a medical issue if inhaled.
16
Unlawful Possession of Fentanyl
The penalty for unlawfully possessing a controlled substance depends on several factors, including the
type and amount of the controlled substance possessed and whether a person possessed such
substance with the intent to sell or deliver the substance to another person. Generally, the unlawful
possession of less than four grams of fentanyl
17
is a third degree felony.
18
If a person unlawfully
possesses less than four grams of fentanyl with the intent to sell, manufacture, or deliver such fentanyl,
a person commits a second degree felony.
19
If a person unlawfully possesses fentanyl, alfentanil,
carfentanil, sufentanil, or other fentanyl derivatives or analogs and the weight is four grams or more, a
person commits the offense of trafficking in dangerous fentanyl or fentanyl analogues, which is
punishable as a first degree felony.
20
Unlawful Distribution of Fentanyl Resulting in Overdose or Serious Bodily Injury
In 2023, the Legislature enacted s. 893.131, F.S., which prohibits a person 18 years of age or older
from distributing
21
heroin, alfentanil, carfentanil, fentanyl, sufentanil, fentanyl derivatives, or an analog
or mixture containing such substances, when such substances cause or are a substantial factor
22
in
causing an overdose or serious bodily injury
23
to the user. A person commits a violation regardless of
whether the distribution is made directly or indirectly through another person to the person who
overdosed or suffered serious bodily injury. A violation is punishable as a second degree felony. A
second or subsequent conviction is punishable as a first degree felony.
Injury to First Responders from Fentanyl Exposure
Under current law, s. 893.13(10), F.S., provides that if a person violates any provision of ch. 893,
F.S.,
24
and the violation results in a serious injury to a state or local law enforcement officer as defined
Mar. 11, 2024). First Coast News, Flagler Sheriff’s Deputy Exposed to Fentanyl During Traffic Stop,
https://www.firstcoastnews.com/article/news/local/flagler-county-sheriff-deputy-ecposed-to-fentanyl/77-791dd3b7-0f1a-4bbb-bc82-
8bcfcb5c4231 (last visited Mar. 11, 2024).
14
Id.
15
Id.
16
NPR, Are Cops Really Being Poisoned by Fentanyl Exposure?, https://www.npr.org/2023/05/16/1175726650/fentanyl-police-
overdose-misinformation (last visited Mar. 11, 2024).
17
The same penalties apply if a person unlawfully possesses a fentanyl derivative, controlled substance analog, or a mixture containing
a fentanyl derivative or analog.
18
S. 893.13(6)(a), F.S. A third degree felony is punishable by up to five years imprisonment and a $5,000 fine. Ss. 775.082, 775.083, or
775.084, F.S.
19
S. 893.13(1)(a)1., F.S. A second degree felony is punishable by up to 15 years imprisonment and a $10,000 fine. Ss. 775.082,
775.083, or 775.084, F.S.
20
S. 893.135(1)(c)4.b., F.S. A first degree felony is punishable by up to 30 years imprisonment and a $10,000 fine. Ss. 775.082,
775.083, or 775.084, F.S. A person convicted of trafficking in dangerous fentanyl and fentanyl analogues is subject to specified
mandatory minimum sentences and fines that vary depending on the amount of fentanyl possessed.
21
“Distribute” means to deliver, other than by administering or dispensing, a controlled substance, and includes the direct or indirect
delivery of a controlled substance to a user. S. 893.131(1)(a), F.S.
22
“Substantial factor” means that the use of a substance or mixture alone is sufficient to cause an overdose or serious bodily injury,
regardless of whether any other substance or mixture used is also sufficient to cause an overdose or serious bodily injury. S.
893.131(1)(e), F.S.
23
“Overdose or serious bodily injury” means drug toxicity or a physical condition that creates a substantial risk of death or substantial
loss or impairment of the function of any bodily member or organ. S. 893.131(1)(d), F.S.
24
Generally, a violation of ch. 893, F.S., is an offense related to the unlawful sale, manufacture, delivery, or possession of a controlled
substance.
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in s. 943.10, F.S.,
25
a firefighter as defined in s. 633.102, F.S.,
26
an emergency medical technician as
defined in s. 401.23, F.S.,
27
a paramedic as defined in s. 401.23, F.S.,
28
an employee of a public utility
or an electric utility as defined in s. 366.02, F.S., an animal control officer as defined in s. 828.27, F.S.,
a volunteer firefighter engaged by state or local government, a law enforcement officer employed by the
Federal Government, or any other local, state, or Federal Government employee who is injured during
the course and scope of his or her employment, the person commits a third degree felony. If the injury
sustained results in death or great bodily harm, the person commits a second degree felony.
29
Immunity
Section 893.21, F.S., prohibits a person from being arrested, charged, prosecuted, or penalized for
using or possessing with intent to use drug paraphernalia under s. 893.147(1), F.S., or unlawfully
possessing a controlled substance under s. 893.13(6), F.S., with the exception of possession of more
than 10 grams of certain Schedule I and Schedule II controlled substances, if the evidence for such an
offense was obtained as the result of a person seeking medical assistance if he or she, acting in good
faith, seeks such medical assistance for himself or herself or another individual who is experiencing, or
believed to be experiencing, an alcohol-related or drug-related overdose.
Offense Severity Ranking Chart
Felony offenses subject to the Criminal Punishment Code (CPC) are listed in a single offense severity
ranking chart (OSRC), which uses 10 offense levels to rank felonies from least severe (Level 1) to most
severe (Level 10). Each felony offense is assigned to a level according to the severity of the offense,
commensurate with the harm or potential for harm to the community that is caused by the offense, as
determined by statute. A person’s primary offense, any other current offenses, and prior offenses are
scored using the points designated for the offense severity level of each offense. The final calculation,
following the scoresheet formula, determines the lowest permissible sentence that the trial court may
impose, absent a valid reason for departure.
30
If an offense is unranked, the CPC specifies a default
level on the OSRC depending on the felony degree of the offense.
31
Effect of the Bill
The bill creates s. 893.132, F.S., to provide a criminal penalty, punishable as a second degree felony, if
a person 18 years or older who is unlawfully in possession of dangerous fentanyl or fentanyl analogs
recklessly exposes a first responder to such fentanyl or fentanyl analogs and an overdose or serious
bodily injury of the first responder results. The bill does not rank the offense on the OSRC. As such, the
second degree felony defaults to a Level 4 offense on the OSRC.
25
“Law enforcement officer” means any person who is elected, appointed, or employed full time by any municipality or the state or any
political subdivision thereof; who is vested with authority to bear arms and make arrests; and whose primary responsibility is the
prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state. The term includes all
certified supervisory and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and
management responsibilities of full-time law enforcement officers, part-time law enforcement officers, or auxiliary law enforcement
officers but does not include support personnel employed by the employing agency. The term also includes a special officer employed
by a Class I, Class II, or Class III railroad pursuant to s. 354.01, F.S. S. 943.10(1), F.S.
26
“Firefighter” means an individual who holds a current and valid Firefighter Certificate of Compliance or Special Certificate of
Compliance issued by the division under s. 633.408, F.S. S. 633.102(9), F.S.
27
“Emergency medical technician” means a person who is certified by the department to perform basic life support pursuant to this part.
S. 401.23(12), F.S.
28
“Paramedic” means a person who is certified by the department to perform basic and advanced life support pursuant to this part. S.
401.23(18), F.S.
29
Id.
30
S. 921.0022, F.S.
31
S. 921.0023, F.S.
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The bill amends s. 893.21, F.S., to expand the immunity provision in current law to prohibit a person
from being arrested, charged, prosecuted, or penalized for violating the prohibition against recklessly
exposing a first responder to dangerous fentanyl or fentanyl analogs created by the bill if the evidence
for such offense was obtained as the result of a person seeking medical assistance for himself or
herself or another individual who is experiencing, or believed to be experiencing, an alcohol-related or
drug-related overdose.
The bill defines the following terms:
"Dangerous fentanyl or fentanyl analogs" means any controlled substance described in
s. 893.135(1)(c)4.a.(I)-(VII), F.S., which includes:
o Alfentanil, as described in s. 893.03(2)(b)1., F.S.;
o Carfentanil, as described in s. 893.03(2)(b)6., F.S.;
o Fentanyl, as described in s. 893.03(2)(b)9., F.S.;
o Sufentanil, as described as in s. 893.03(2)(b)30., F.S.;
o A fentanyl derivative, as described in s. 893.03(1)(a)62., F.S.;
o A controlled substance analog of such enumerated substances, as described in s.
893.0356, F.S.; or
o A mixture containing any such enumerated substances.
"Expose or exposure" means to cause any of the following, including, but not limited to,
ingestion, inhalation, needlestick injury, or absorption through skin or mucous membranes.
"First responder" means a law enforcement officer as defined in s. 943.10(1), F.S., a
correctional officer as defined in s. 943.10(2), F.S.,
32
a correctional probation officer as defined
in s. 943.10(3), F.S.,
33
a firefighter as defined in s. 633.102, F.S., an emergency medical
technician as defined in s. 401.23, F.S., or a paramedic as defined in s. 401.23, F.S., who is
acting in his or her official capacity.
"Overdose or serious bodily injury" means drug toxicity or a physical condition that creates a
substantial risk of death or substantial loss or impairment of the function of any bodily member
or organ.
Subject to the Governor’s veto powers, the effective date of this bill is October 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
32
“Correctional officer” means any person who is appointed or employed full time by the state or any political subdivision thereof, or by
any private entity which has contracted with the state or county, and whose primary responsibility is the supervision, protection, care,
custody, and control, or investigation, of inmates within a correctional institution; however, the term “correctional officer” does not
include any secretarial, clerical, or professionally trained personnel. S. 943.10(2), F.S.
33
“Correctional probation officer” means a person who is employed full time by the state whose primary responsibility is the supervised
custody, surveillance, and control of assigned inmates, probationers, parolees, or community controllees within institutions of the
Department of Corrections or within the community. The term includes supervisory personnel whose duties include, in whole or in part,
the supervision, training, and guidance of correctional probation officers, but excludes management and administrative personnel
above, but not including, the probation and parole regional administrator level. S. 943.10(3), F.S.
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The Criminal Justice Impact Conference considered a similar version of the bill on February 12,
2024, and determined that the bill may have a positive insignificant prison bed impact by creating a
new second degree felony offense.
34
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
The bill may have a positive insignificant jail bed impact by creating a new second degree felony
offense, which may result in increased admissions to such facilities.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
34
Office of Economic & Demographic Research, Criminal Justice Impact Conference Narrative Analyses of Adopted Impacts,
http://edr.state.fl.us/content/conferences/criminaljusticeimpact/CSSB718.pdf (last visited Mar. 11, 2024).