Florida Statute 893.131 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 893
DRUG ABUSE PREVENTION AND CONTROL

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

(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.; 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.

(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.

History.—s. 2, ch. 2023-196; s. 3, ch. 2024-20.

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Amendments to 893.131

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 893.131

Level: Degree
Misdemeanor/Felony: First/Second/Third

S893.131 2a1 - DRUGS-DELIV/DISTR - DISTRIBUTE HEROIN CAUSE OVERDOSE/SER BOD INJ - F: S

S893.131 2a2 - DRUGS-DELIV/DISTR - DISTRIB ALFENTANIL CAUSE OVERDOSE/SER BOD INJ - F: S

S893.131 2a3 - DRUGS-DELIV/DISTR - DISTRIB CARFENTANIL CAUSE OVERDOSE/SER BOD INJ - F: S

S893.131 2a4 - DRUGS-DELIV/DISTR - DISTRIBUTE FENTANYL CAUSE OVERDOSE/SER BOD INJ - F: S

S893.131 2a5 - DRUGS-DELIV/DISTR - DISTRIB SUFENTANIL CAUSE OVERDOSE/SER BOD INJ - F: S

S893.131 2a6 - DRUGS-DELIV/DISTR - DISTR FENTANYL DERIVATIVE OVERDOSE/SER BOD INJ - F: S

S893.131 2a7 - DRUGS-DELIV/DISTR - DISTR CTRL SUBST ANALOG OVERDOSE/SER BOD INJ - F: S

S893.131 2a8 - DRUGS-DELIV/DISTR - DISTR MIXTURE CTRL SUBST OVERDOSE/SER BOD INJ - F: S

S893.131 2b - DRUGS-DELIV/DISTR - DISTR MIXT CTRL SUBS OVERDOSE/INJ PREV CONVIC - F: F

S893.131 2b - DRUGS-DELIV/DISTR - DISTR CTRL SUB ANALOG OVERDOSE/INJ PREV CONVIC - F: F

S893.131 2b - DRUGS-DELIV/DISTR - DISTR FENTANYL OVERDOSE/INJ PREV CONVICT - F: F

S893.131 2b - DRUGS-DELIV/DISTR - DISTR SUFENTANIL OVERDOSE/INJ PREV CONVICT - F: F

S893.131 2b - DRUGS-DELIV/DISTR - DISTRIB CARFENTANIL OVERDOSE/INJ PREV CONVICT - F: F

S893.131 2b - DRUGS-DELIV/DISTR - DISTR ALFENTANIL OVERDOSE/SER INJ PREV CONVICT - F: F

S893.131 2b - DRUGS-DELIV/DISTR - DISTR HEROIN OVERDOSE/SER BOD INJ PREV CONV - F: F

S893.131 2b - DRUGS-DELIV/DISTR - DISTR FENTANYL DERIV OVERDOSE/INJ PREV CONVICT - F: F

Cases Citing Statute 893.131

Total Results: 1

Blatch v. State, 719 So. 2d 965 (Fla. 2d DCA 1998).

Published | Florida 2nd District Court of Appeal | 1998 Fla. App. LEXIS 12904, 1998 WL 712891

that section does not permit a violation of section 893.131 to serve as a predicate conviction.2 Although

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.