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Florida statute

Fla. Stat. § 893.131 — Distribution of controlled substances resulting in overdose or serious bodily injury

Current through 2025 Florida Statutes

Part of Chapter 893: Drug Abuse Prevention and Control, Florida Statutes.

Criminal charges under this statute

Full text of Fla. Stat. § 893.131

Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.

Fla. Stat. § 893.131Primary source, current through the 2025 Florida Statutes
(1) As used in this section, the term:(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.(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)63.;7. A controlled substance analog, as described in s. 893.0356, of any substance specified in subparagraphs 1.-6.; or8. 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.(b) A person 18 years of age or older who commits a violation of paragraph (a) and who has previously been convicted of a violation of paragraph (a) commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (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.

Official sources

Legal terms used in this section

Questions this section answers

Is distribution of controlled substances resulting in overdose or serious bodily injury a felony or a misdemeanor in Florida?

It depends on the circumstances: distribution of controlled substances resulting in overdose or serious bodily injury ranges from a Felony of the Second Degree to a Felony of the First Degree in Florida under Fla. Stat. § 893.131.

Distribution causing overdose or serious bodily injury (first offense): Felony of the Second Degree (Fla. Stat. § 893.131(2)(a)) · Distribution causing overdose or serious bodily injury (subsequent offense): Felony of the First Degree (Fla. Stat. § 893.131(2)(b))

Which Florida statute covers distribution of controlled substances resulting in overdose or serious bodily injury?

Distribution of controlled substances resulting in overdose or serious bodily injury is governed by Fla. Stat. § 893.131 (Distribution of controlled substances resulting in overdose or serious bodily injury).

This reference is informational and is not legal advice.