Bill protecting first responders from fentanyl exposure heads to governor

TALLAHASSEE, Fla. – A bill that would ensure individuals who have put first responders lives at risk with exposure to fentanyl are held accountable passed the House floor Wednesday and will now head to the governor’s desk.

Sen. Jay Collins, R-Tampa, sponsored SB 718, which passed the House 100-12. Rep. Jessica Baker, R-Jacksonville, sponsored the House version of the bill.

“There must be a message sent loud and clear that this drug, this fentanyl is so inherently dangerous that there will be strong penalties if you choose to partake in illegal drugs,” Baker said. “And those drugs recklessly expose our first responders to an overdose situation.”

According to the bill, an individual 18 or older, who while unlawfully in possession of hazardous fentanyl or fentanyl analogs, “recklessly exposes” a first responder to said substances resulting in an overdose or severe bodily harm to the responder, will be charged with a second-degree felony.

The bill also provides immunity from arrest and prosecution for a person who, “acting in good faith,” seeks medical assistance due to an alcohol or drug related overdose.

“We know we stand with our first responders, there is no doubt,” Collins previously said. “We want to make sure that as a body, as leaders in this state, we do stand by them.”

During debate, Rep. Michele Rayner, D-St. Petersburg, encouraged her colleagues to vote down on the bill because she said she believes there are “some problems” with the bill as far as “the ability to show the direct nexus between drug toxicity and whatever may happen to a person.”

The bill defines “recklessly” as a “willful or wanton disregard for the safety of other persons.” Rayner questioned if a first responder who arrives at a scene and is exposed to fentanyl, can prove reckless behavior by someone.

“I struggle with that, because I feel that just the legal definitions and the legal terms have not, to me, been properly met and it’s not sufficient,” Rayner said. “I don’t believe that a jury could find, if someone was charged with this, a jury could find, beyond its exclusion of every reasonable doubt, that someone could be convicted of this.”

Rep. Bob Rommel, R-Naples, spoke in favor of the bill and thanked Baker for carrying it.

“If this deters one person from carrying deadly fentanyl it’s worth it,” Rommel said. “If this saves one police officer, one first responder’s life it’s worth it.”

In closing, Baker said there is a “threat” that society is facing that “we can no longer see.”

“It’s an invisible threat that is crossing our border,” Baker said.

The representative pointed to a number of 27,000 pounds of estimated fentanyl that came across the U.S. southern border in 2023. She said that is enough fentanyl to “kill every single American in this country,” in just the one year.

“I want our first responders to know we have their back,” Baker said. “I want the people of Florida to know that we will hold people accountable for their egregious actions that put others lives at risk.

The bill will head to Gov. Ron DeSantis for final approval. If signed, it would take effect Oct. 1.