CS/CS/HB 231 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0231-02-c2
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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 this 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, either 20
intentionally or unintentionally, any of the followi ng, 21
including, but not limited to, ingestion, inhalation, 22
needlestick injury, or absorption through skin or mucous 23
membranes. 24
(c) "First responder" means a law enforcement officer as 25
CS/CS/HB 231 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0231-02-c2
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
defined in s. 943.10(1), a correctional officer as defined in s. 26
943.10(2), a correctional probation officer as defined in s. 27
943.10(3), a firefighter as defined in s. 633.102, an emergency 28
medical technician as defined in s. 401.23, or a paramedic as 29
defined in s. 401.23, who is acting in his or her official 30
capacity. 31
(d) "Overdose or serious bodily injury" means drug 32
toxicity or a physical condition that creates a substantial risk 33
of death or substantial loss or impairment of the function of 34
any bodily member or organ. 35
(2) A person 18 years of age or older who, in the course 36
of unlawfully possessing dangerous fentanyl or fentanyl 37
analogues, exposes a first responder to dangerous fentanyl or 38
fentanyl analogues and an overdose or serious bodily injury of 39
the first responder results, commits a felony of the second 40
degree, punishable as provided in s. 775.082, s. 775.083, or s. 41
775.084. 42
(3) It is a defense to a violation of this section that a 43
first responder acted outside the scope of ordinary care 44
generally exercised by a member of his or her profession and, in 45
doing so, caused or substantially contributed to his or her 46
exposure. 47
Section 2. This act shall take effect October 1, 2024. 48