Unpacking Florida’s New Penalties for Exposing First Responders to Fentanyl

Florida has taken a tough stance against fentanyl, and some of the state’s newest laws target users rather than the distributors of this drug. A prime example is SB 718, which creates serious penalties for anyone who exposes first responders to fentanyl. If you face this charge, you may want to get in touch with a Fort Myers criminal defense lawyer who has experience with drug offenses.

Florida’s “Bad Samaritan” Law Goes into Effect on October 1st 

In October of 2024, SB 718 will go into effect. This bill creates a so-called “bad samaritan” law that will punish drug users for exposing first responders to fentanyl. This bill was motivated by numerous incidents involving police officers, paramedics, and other individuals suffering various injuries due to fentanyl exposure. Viral bodycam footage has depicted deputies experiencing the effects of this exposure, prompting concern among the public. Accidental exposure to fentanyl can cause fatal overdoses.

If you possess fentanyl and a first responder is exposed to this substance, you could face a second-degree felony if the first responder suffers a fatal overdose or serious injury. The definition of “serious bodily injury” is somewhat vague in this context. However, it is generally understood to mean a permanent injury, disability, or loss of function.

First responders covered under this bill include paramedics, emergency medical technicians (EMTs), firefighters, correctional officers, probation officers, and law enforcement officers.

To be convicted of this offense, you must “recklessly” expose the first responder to the fentanyl. It is not clear what kind of conduct would be considered “reckless” in this context. However, there is no mention of “intent” in the bill – implying that you could face a second-degree felony even if you accidentally expose a first responder to fentanyl.

The real question is whether this law applies to addicts who are unconscious at the time. A common scenario involves a pandemic or EMT arriving at the scene to find an unconscious addict. In the course of administering aid, these first responders may be exposed to nearby fentanyl. Does this constitute a second-degree felony – even if the addict is completely unaware of what is going on? These questions have yet to be answered, and the law is still very new.

It is also worth noting that drugs “similar to fentanyl” are covered under this law. This may include a wide array of synthetic opiates.

Can a Fort Myers Defense Attorney Help With “Bad Samaritan” Charges? 

If you face bad Samaritan charges after exposing a first responder to fentanyl, consider a consultation with an experienced drug defense attorney in Fort Myers. Choose The Foley & Wilson Law Firm to work alongside attorneys who have considerable experience with drug offenses in Florida. While second-degree felony charges can be daunting, various defense strategies may be possible. Book your consultation today to discuss these strategies in more detail.

Sources: 

cbsnews.com/miami/news/floridas-first-responders-get-fentanyl-protections/

flsenate.gov/Committees/BillSummaries/2024/html/3338#:~:text=The%20bill%20provides%20that%20a,commits%20a%20second%20degree%20felony.