HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 231 Exposures of First Responders to Fentanyl and Fentanyl Analogs
SPONSOR(S): Judiciary Committee, Criminal Justice Subcommittee, Baker
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice Subcommittee 14 Y, 3 N, As CS Padgett Hall
2) Justice Appropriations Subcommittee 10 Y, 2 N Saag Keith
3) Judiciary Committee 17 Y, 4 N, As CS Padgett Kramer
SUMMARY ANALYSIS
Fentanyl is a synthetic opioid analgesic that is approximately 50 to 100 times more potent than morphine.
When prescribed by a physician, fentanyl is typically used to treat patients with severe pain or to manage pain
after surgery and is administered via injection, transdermal patch, or in lozenges. Although prescription
fentanyl can be misused, most overdoses and related deaths have been linked to illicitly manufactured
fentanyl, including fentanyl analogs.
With the increase in the illicit use of fentanyl, first responders such as law enforcement officers are increasingly
coming into contact with fentanyl that is seized while making arrests and traffic stops. In recent years, there
have been several reports of law enforcement officers suffering medical complications such as
lightheadedness, heart palpitations, and nausea after being exposed to fentanyl. In some instances, the
symptoms were severe enough to cause other officers on the scene to respond by administering an opioid
antagonist, such as Narcan. Toxicologists and medical doctors, however, caution that fentanyl, although highly
toxic, is relatively difficult to transmit through skin contact without a transdermal patch and likely would not
remain airborne in sufficient quantities to cause a medical issue if inhaled.
CS/CS/HB 231 creates s. 893.132, F.S., to provide a criminal penalty, punishable as a second degree felony, if
a person 18 years or older who is unlawfully in possession of dangerous fentanyl or fentanyl analogues
exposes a first responder, including a law enforcement officer, correctional officer, correctional probation
officer, firefighter, emergency medical technician, or paramedic, to such fentanyl or fentanyl analogues and an
overdose or serious bodily injury to the first responder results. Under the bill, “expose or exposure” means to
cause, either intentionally or unintentionally, any of the following, including, but not limited to, ingestion,
inhalation, needlestick injury, or absorption through skin or mucous membranes. The bill defines “overdose or
serious bodily injury" as 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.
The bill provides an affirmative defense from prosecution if the first responder acted outside of the scope of
ordinary care generally exercised by a member of his or her profession and, in doing so, caused or
substantially contributed to the exposure.
The bill may have an indeterminate positive jail and prison bed impact by creating a new second degree felony
offense for exposing a first responder to dangerous fentanyl or fentanyl analogs and thereby causing them to
overdose or suffer bodily harm, which may result in increased admissions or longer sentences to such
facilities.
The bill provides an effective date of October 1, 2024.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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DATE: 1/30/2024
 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Controlled Substances
Chapter 893, F.S., the Florida Comprehensive Drug Abuse Prevention and Control Act, classifies
controlled substances 1 into five categories, called schedules. These schedules regulate the
manufacture, distribution, preparation, and dispensing of the substances listed therein. The
distinguishing factors between the different drug schedules are the “potential for abuse” 2 of the
substance and whether there is a currently accepted medical use for the substance. 3 The controlled
substance schedules are as follows:
 Schedule I substances have a high potential for abuse and currently have no accepted medical
use in the United States, including substances such as cannabis and heroin. 4
 Schedule II substances have a high potential for abuse and have a currently accepted but
severely restricted medical use in the United States, including substances such as raw opium,
fentanyl, and codeine.5
 Schedule III substances have a potential for abuse less than the substances contained in
Schedules I and II and have a currently accepted medical use in the United States, including
substances such as stimulants and anabolic steroids. 6
 Schedule IV substances have a low potential for abuse relative to substances in Schedule III
and have a currently accepted medical use in the United States, including substances such as
benzodiazepines and barbiturates.7
 Schedule V substances have a low potential for abuse relative to the substances in Schedule IV
and have a currently accepted medical use in the United States, including substances such as
mixtures that contain small quantities of opiates, narcotics, or stimulants. 8
Fentanyl
Fentanyl is a synthetic opioid analgesic that is approximately 50 to 100 times more potent than
morphine.9 When prescribed by a physician, fentanyl is typically used to treat patients with severe pain
or to manage pain after surgery and is administered via injection, transdermal patch, or in lozenges. 10
Although prescription fentanyl can be misused, most overdoses and related deaths have been linked to
illicitly manufactured fentanyl, including fentanyl analogs. 11 Fentanyl and fentanyl-related substances
are classified as Schedule II controlled substances. 12
As the illicit use of fentanyl increases, first responders such as law enforcement officers are
increasingly coming into contact with fentanyl that is seized while making arrests and traffic stops. 13 In
1
“Controlled substance” means any substance named or described in Schedules I-V of s. 893.03, F.S. S. 893.02(4), F.S.
2 “Potential for abuse” means that a substance has properties as a central nervous system stimulant or depressant or a hallucin ogen
that create a substantial likelihood of its being: 1) used in amounts that create a hazard to the user’s health or safety of the community;
2) diverted from legal channels and distributed through illegal channels; or 3) taken on the user’s own initiative rather tha n on the basis
of professional medical advice. S. 893.035(3)(a), F.S.
3 See s. 893.03, F.S.
4 S. 893.03(1), F.S.
5 S. 893.03(2), F.S.
6 S. 893.03(3), F.S.
7
S. 893.03(4), F.S.
8 S. 893.03(5), F.S.
9 National Institute on Drug Abuse, What is Fentanyl?, https://nida.nih.gov/publications/drugfacts/fentanyl (last visited Jan. 30, 2024).
10 Id.
11
Centers for Disease Control and Prevention, Fentanyl, https://www.cdc.gov/opioids/basics/fentanyl.html (last visited Jan. 30, 2024).
12 S. 893.03(2)(b)1., 6., 9., 29., 30., and 32., F.S.
13 FOX 10, Florida Officer Accidentally Overdoses on Fentanyl, Body Cam Video Released ,
https://www.fox10tv.com/2022/12/ 16/florida -officer-accidentally-overdoses-fentanyl-body-cam-video-released/ (last visited
Jan. 30, 2024). First Coast News, Flagler Sheriff’s Deputy Exposed to Fentanyl During Traffic Stop ,
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 recent years, there have been several reports of law enforcement officers suffering medical
complications such as lightheadedness, heart palpitations, and nausea after being exposed to
fentanyl.14 In some instances, the symptoms were severe enough to cause other officers on the scene
to respond by administering an opioid antagonist, such as Narcan. 15 However, these incidents have
been disputed by toxicologists and medical doctors who claim that fentanyl is relatively difficult to
transmit through skin contact without a transdermal patch and would likely not remain airborne in
sufficient quantities to cause a medical issue if inhaled.16
Unlawful Possession of Fentanyl
The penalty for unlawfully possessing a controlled substance depends on several factors, including the
type and amount of the controlled substance possessed and whether a person possessed such
substance with the intent to sell or deliver the substance to another person. Generally, the unlawful
possession of less than four grams of fentanyl17 is a third degree felony.18 If a person unlawfully
possesses less than four grams of fentanyl with the intent to sell, manufacture, or deliver such fentanyl,
a person commits a second degree felony.19 If a person unlawfully possesses fentanyl, alfentanil,
carfentanil, sufentanil, or other fentanyl derivatives or analogs and the weight is four grams or more, a
person commits the offense of trafficking in dangerous fentanyl or fentanyl analogues, which is
punishable as a first degree felony.20
Unlawful Distribution of Fentanyl Resulting in Overdose or Serious Bodily Injury
In 2023, the Legislature enacted s. 893.131, F.S., which prohibits a person 18 years of age or older
from distributing21 heroin, alfentanil, carfentanil, fentanyl, sufentanil, fentanyl derivatives, or an analog
or mixture containing such substances, when such substances cause or are a substantial factor 22 in
causing an overdose or serious bodily injury23 to the user. A person commits a violation regardless of
whether the distribution is made directly or indirectly through another person to the person who
overdosed or suffered serious bodily injury. A violation is punishable as a second degree felony. A
second or subsequent conviction is punishable as a first degree felony.
Injury to First Responders from Fentanyl Exposure
Under current law, s. 893.13(10), F.S., provides that if a person violates any provision of ch. 893,
F.S.,24 and the violation results in a serious injury to a state or local law enforcement officer as defined
https://www.firstcoastnews.com/article/news/local/flagler-county-sheriff-deputy-ecposed-to-fentanyl/77-791dd3b7-0f1a-4bbb-bc82-
8bcfcb5c4231 (last visited Jan. 30, 2024).
14 Id.
15 Id.
16 NPR, Are Cops Really Being Poisoned b y Fentanyl Exposure?, https://www.npr.org/2023/05/16/1175726650/fentanyl-police-
overdose-misinformation (last visited Jan. 30, 2024).
17
The same penalties apply if a person unlawfully possesses a fentanyl derivative, controlled substance analog, or a mixture co ntaining
a fentanyl derivative or analog.
18 S. 893.13(6)(a), F.S. A third degree felony is punishable by up to five years imprisonment and a $5,000 fine. Ss. 775.082, 775.083, or
775.084, F.S.
19 S. 893.13(1)(a)1., F.S. A second degree felony is punishable by up to 15 years imprisonment and a $10,000 fine. Ss. 775 .082,
775.083, or 775.084, F.S.
20 S. 893.135(1)(c)4.b., F.S. A first degree felony is punishable by up to 30 years imprisonment and a $10,000 fine. Ss. 775.082 ,
775.083, or 775.084, F.S. A person convicted of trafficking in dangerous fentanyl and fentanyl analogues is subject to specified
mandatory minimum sentences and fines that vary depending on the amount of fentanyl possessed.
21 “Distribute” means to deliver, other than by administering or dispensing, a controlled substance, and includes the direct or indirect
delivery of a controlled substance to a user. S. 893.131(1)(a), F.S.
22 “Substantial factor” means that the use of a substance or mixture alone is sufficient to cause an overdose or serious bodily injury,
regardless of whether any other substance or mixture used is also sufficient to cause an overdose or serious bodily injury. S.
893.131(1)(e), F.S.
23 “Overdose or serious bodily injury” means drug toxicity or a physical condition that creates a substantial risk of death or s ubstantial
loss or impairment of the function of any bodily member or organ. S. 893.131(1)(d), F.S.
24 Generally, a violation of ch. 893, F.S., is an offense related to the unlawful sale, manufacture, delivery, or possession of a controlled
substance.
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 in s. 943.10, F.S.,25 a firefighter as defined in s. 633.102, F.S.,26 an emergency medical technician as
defined in s. 401.23, F.S.,27 a paramedic as defined in s. 401.23, F.S.,28 an employee of a public utility
or an electric utility as defined in s. 366.02, F.S., an animal control officer as defined in s. 828.27, F.S.,
a volunteer firefighter engaged by state or local government, a law enforcement officer employed by the
Federal Government, or any other local, state, or Federal Government employee who is injured during
the course and scope of his or her employment, the person commits a third degree felony. If the injury
sustained results in death or great bodily harm, the person commits a second degree felony.29
Offense Severity Ranking Chart
Felony offenses subject to the Criminal Punishment Code (CPC) are listed in a single offense severity
ranking chart (OSRC), which uses 10 offense levels to rank felonies from least severe (Level 1) to most
severe (Level 10). Each felony offense is assigned to a level according to the severity of the offense,
commensurate with the harm or potential for harm to the community that is caused by the offense, as
determined by statute. A person’s primary offense, any other current offenses, and prior offenses are
scored using the points designated for the offense severity level of each offense. The final calculation,
following the scoresheet formula, determines the lowest permissible sentence that the trial court may
impose, absent a valid reason for departure.30 If an offense is unranked, the CPC specifies a default
level on the OSRC depending on the felony degree of the offense. 31
Effect of Proposed Changes
CS/CS/HB 231 creates s. 893.132, F.S., to provide a criminal penalty, punishable as a second degree
felony, if a person 18 years or older who is unlawfully in possession of dangerous fentanyl or fentanyl
analogues exposes a first responder to such fentanyl or fentanyl analogues and an overdose or serious
bodily injury to the first responder results. The bill does not rank the offense on the OSRC. As such, the
second degree felony defaults to a Level 4 offense on the OSRC.
The bill provides an affirmative defense from prosecution if the first responder acted outside the scope
of ordinary care generally exercised by a member of his or her profession and, in doing so, caused or
substantially contributed to the exposure.
The bill defines the following terms:
 "Dangerous fentanyl or fentanyl analogues" means any controlled substance described in
s. 893.135(1)(c)4.a.(I)-(VII), F.S., which includes:
o Alfentanil, as described in s. 893.03(2)(b)1., F.S.;
o Carfentanil, as described in s. 893.03(2)(b)6., F.S.;
o Fentanyl, as described in s. 893.03(2)(b)9., F.S.;
o Sufentanil, as described as in s. 893.03(2)(b)30., F.S.;
o A fentanyl derivative, as described in s. 893.03(1)(a)62., F.S.;
25 “Law enforcement officer” means any person who is elected, appointed, or employed full time by any municipa lity or the state or any
political subdivision thereof; who is vested with authority to bear arms and make arrests; and whose primary responsibility i s the
prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway law s of the state. The term includes all
certified supervisory and command personnel whose duties include, in whole or in part, the supervision, training, guidance, a nd
management responsibilities of full-time law enforcement officers, part-time law enforcement officers, or auxiliary law enforcement
officers but does not include support personnel employed by the employing agency. The term also includes a special officer em ployed
by a Class I, Class II, or Class III railroad pursuant to s. 354.01, F.S. S. 943.10(1), F.S.
26 “Firefighter” means an individual who holds a current and valid Firefighter Certificate of Compliance or Special Certificate of
Compliance issued by the division under s. 633.408, F.S. S. 633.102(9), F.S.
27 “Emergency medical technician” means a person who is certified by the department to perform basic life support pursuant to th is part.
S. 401.23(12), F.S.
28 “Paramedic” means a person who is certified by the department to perform basic and advanced life support pursuant to this part. S.
401.23(18), F.S.
29 Id.
30 S. 921.0022, F.S.
31 S. 921.0023, F.S.
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 o A controlled substance analog of such enumerated substances, as described in s.
893.0356, F.S.; or
o A mixture containing any such enumerated substances.
 "Expose or exposure" means to cause, either intentionally or unintentionally, any of the