Florida Statutes 893.131 – Distribution of controlled substances resulting in overdose or serious bodily injury
Current as of: 2023 | Check for updates
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(1) As used in this section, the term:
For details, see Fla. Stat. § 775.082(3)(b) and Fla. Stat. § 775.082(3)(d)
(a) “Distribute” has the same meaning as in s. 893.02, and includes the direct or indirect delivery of a controlled substance to a user.
Attorney's Note
Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Felony of the first degree | up to 30 years | up to $10,000 |
| Felony of the second degree | up to 15 years | up to $10,000 |
Terms Used In Florida Statutes 893.131
- administration: means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a person or animal. See Florida Statutes 893.02
- Controlled substance: means any substance named or described in Schedules I-V of…. See Florida Statutes 893.02
- delivery: means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. See Florida Statutes 893.02
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Mixture: means any physical combination of two or more substances, including, but not limited to, a blend, an aggregation, a suspension, an emulsion, a solution, or a dosage unit, whether or not such combination can be separated into its components by physical means, whether mechanical or thermal. See Florida Statutes 893.02
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
(b) “Emergency opioid antagonist” has the same meaning as in s. 381.887(1).
(c) “Medical care” means the administration of treatment for the purposes of preserving or sustaining life or the administration of an emergency opioid antagonist.
(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) “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.
(2)(a) Except as provided in paragraph (b), a person 18 years of age or older who unlawfully distributes:
1. Heroin, as described in s. 893.03(1)(b)11.;
2. Alfentanil, as described in s. 893.03(2)(b)1.;
3. Carfentanil, as described in s. 893.03(2)(b)6.;
4. Fentanyl, as described in s. 893.03(2)(b)9.;
5. Sufentanil, as described in s. 893.03(2)(b)30.;
6. Fentanyl derivatives, as described in s. 893.03(1)(a)62.;
7. A controlled substance analog, as described in s. 893.0356, of any substance specified in subparagraphs 1.-6.; or
8. A mixture containing any substance specified in subparagraphs 1.-7.,
and an overdose or serious bodily injury of the user results, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, when such substance or mixture is proven to have caused or been a substantial factor in causing the overdose or serious bodily injury of the user.
(3) The administration of medical care by an emergency responder, including, but not limited to, a law enforcement officer, a paramedic, or an emergency medical technician is prima facie evidence that the person receiving medical care experienced an overdose or serious bodily injury.
(4) A person who experiences, or has a good faith belief that he or she is experiencing, an alcohol-related or a drug-related overdose and receives medical assistance, or a person acting in good faith who seeks medical assistance for an individual experiencing, or believed to be experiencing, an alcohol-related or a drug-related overdose, is afforded the protections provided under s. 893.21.