893.132 Dangerous fentanyl exposure of first responder resulting in overdose or serious bodily injury.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)For purposes of this section, the term:

(a)“Dangerous fentanyl or fentanyl analogs” means any controlled substance described in s. 893.135 (1)(c)4.a.(I)-(VII).

(b)“Expose” or “exposure” means to cause any of the following, including, but not limited to, ingestion, inhalation, needlestick injury, or absorption through skin or mucous membranes.

(c)“First responder” means a law enforcement officer as defined in s. 943.10 (1), a correctional officer as defined in s. 943.10 (2), a correctional probation officer as defined in s. 943.10 (3), a firefighter as defined in s. 633.102 , an emergency medical technician as defined in s. 401.23 , or a paramedic as defined in s. 401.23 , who is acting in his or her official capacity.

(d)“Overdose or serious bodily injury” means drug toxicity or a physical condition that creates a substantial risk of death or substantial loss or impairment of the function of any bodily member or organ.

(e)“Recklessly” means a willful or wanton disregard for the safety of other persons.

(2)A person 18 years of age or older who, in the course of unlawfully possessing dangerous fentanyl or fentanyl analogs, recklessly exposes a first responder to dangerous fentanyl or fentanyl analogs and an overdose or serious bodily injury of the first responder results, commits a felony of the second degree, punishable as provided in s. 775.082 , s. 775.083 , or s. 775.084 .