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FL S0280
Bill
Status
Introduced
1/18/2023
Primary Sponsor
Fiscal Policy
Click for details
AI Summary
- Amends Florida's first-degree murder statute to lower the causation standard for drug distribution deaths, replacing "proximate cause" with "caused or was a substantial factor in producing" the death of the user
- Defines "substantial factor" as meaning the substance alone is sufficient to cause death or injury, regardless of whether any other substance used could also cause death or injury
- Creates s. 893.131, a new criminal offense making it a second-degree felony for adults 18 or older who unlawfully distribute heroin, fentanyl, carfentanil, alfentanil, sufentanil, fentanyl derivatives, or their analogs when an injury or overdose of the user results
- Enhances the penalty to a first-degree felony for repeat offenders convicted of a prior violation of the new distribution-resulting-in-injury-or-overdose offense
- Provides that administration of medical care or an emergency opioid antagonist by an emergency responder constitutes prima facie evidence of injury or overdose, and preserves Good Samaritan protections under s. 893.21 for those seeking medical assistance during an overdose
Legislative Description
Controlled Substances
Last Action
Laid on Table, companion bill(s) passed, see CS/CS/HB 365 (Ch. 2023-196)
5/2/2023
Committee Referrals
Fiscal Policy3/23/2023
Appropriations Subcommittee on Criminal and Civil Justice2/16/2023
Full Bill Text
No bill text available