FL S1774

Summary of Florida SB 1774 – Rebuttable Presumption for Certain Deaths

• Creates a new section 782.073 of Florida Statutes establishing a rebuttable presumption in favor of the defense that an alleged victim's death was caused by a controlled substance rather than the defendant's actions
• Applies specifically when a defendant is charged with second-degree murder (s. 782.04(2)) or manslaughter (s. 782.07(1))
• The presumption is triggered when a forensic toxicology report shows a Schedule I controlled substance (as defined under s. 893.03(1)) was present in the alleged victim's body at the time of death
• Effectively shifts the burden to the prosecution to prove that the victim's death was not caused by the controlled substance found in the toxicology report
• Scheduled to take effect July 1, 2025