The bill introduces a new section, 782.073, to the Florida Statutes, establishing a rebuttable presumption in favor of the defense in cases where a defendant is charged with second-degree murder or manslaughter. This presumption applies when a forensic toxicology report shows that a Schedule I controlled substance was present in the alleged victim at the time of death. The intent of this legislation is to provide a legal framework that allows defendants to argue that the death of the alleged victim may have resulted from the presence of controlled substances.
The bill specifies the conditions under which this rebuttable presumption is applicable, namely, in cases of second-degree murder or manslaughter, and it outlines the requirement for a toxicology report to support the defense's claim. The effective date for this act is set for July 1, 2025.