The bill amends section 782.04 of the Florida Statutes to address the unlawful distribution of controlled substances, specifically focusing on dangerous fentanyl and its analogs. It introduces definitions for "dangerous fentanyl or fentanyl analogs" and "distribute," clarifying that the former refers to specific controlled substances outlined in existing law, while the latter aligns with the definition provided in section 893.02. The bill establishes a new offense of third-degree murder for individuals under 18 who unlawfully distribute substances containing dangerous fentanyl or fentanyl analogs, resulting in the death of the user.
Under the new provisions, if a minor distributes a substance they knew or should have known contained dangerous fentanyl, and this distribution is proven to have caused or significantly contributed to the user's death, it will be classified as third-degree murder. This offense is categorized as a felony of the second degree, with penalties determined by sections 775.082, 775.083, or 775.084 of the Florida Statutes. The act is set to take effect on July 1, 2025.
Statutes affected: H 457 Filed: 782.04