Exposing First Responders To Fentanyl: Second Degree Felony Under New Florida Law

Photo for illustrative purposes only. Photo by Markus Spiske, Unsplash

Fentanyl has been a major factor in the drug crisis in America, and now first responders are going to have more protection against the effects. As of October 1, 2024, Senate Bill 718 makes it a second degree felony to expose first responders to fentanyl.

More specifically, the new law states that anyone over the age of 18 who is in possession of fentanyl or fentanyl analogs, as described in Florida statute 893.135(1)(c)4.a.(I)-(VII), and “recklessly exposes a first responder to” it in a way that causes the first responder to overdose or experience “serious bodily injury”, will be committing a second degree felony. 

For the purposes of this law, a first responder is defined as a correctional or probation officer, state or local law enforcement officer, paramedic, firefighter, and medical technician acting in an “official capacity”.

The law also amends statute 893.21 so that immunity will be provided to anyone who, in good faith, attempts to get medical assistance because he, she, or anyone else is overdosing on drugs or alcohol. 

Senate Bill 718 was originally prepared by the Criminal Justice Committee, filed on December 6, 2023; and voted through in the Senate and House with votes of 30-0 and 100-12, respectively. It was presented to Governor DeSantis on April 4, 2024, and he approved it on April 8, 2024.

For complete details on this new law, click here to read all three pages of Senate Bill 718. For the official summary of the bill, click here. 
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Article by Ema Tibbetts