Understanding Florida’s Harsh New Law on Fentanyl-Linked Fatalities Involving Teens and Young Adults

If you’re a parent or young person in Florida, you need to understand what’s happening with our state’s newest drug laws. Florida Senate Bill 612 is now law, and it has made it easier than ever for teenagers and young adults to face felony murder charges when a peer dies from fentanyl use even if the death was unintentional, even if the person who died was a friend, and even if the accused had no idea the drug contained fentanyl.

As a criminal defense attorney, I’ve represented families during the worst moments of their lives. What I’m seeing more and more is this: teens experimenting with pills or powder that they think is something else—often oxycodone, Percocet, or Xanax—only to find out too late that it was laced with fentanyl. One pill. One mistake. One death. And suddenly, one teenager is dead, and another is facing a felony murder charge.

If your son or daughter is under investigation or has already been arrested after a fentanyl-related overdose, you don’t have time to wait. You need immediate legal protection, someone who can get in front of the prosecutors and protect your child’s future. That’s where I come in.

Florida Fentanyl Death Defense Attorney: What SB 612 Changed Forever

Senate Bill 612 took effect in 2024, and its impact cannot be overstated. It expands Florida’s first-degree felony murder law to include drug dealers—or anyone who “unlawfully distributes” fentanyl, meth, or similar substances—when another person dies from using the drug.

Here’s the statute change you need to know:

Florida Statute § 782.04(1)(a)(3):
The unlawful distribution of any substance controlled under Schedule I or II, including fentanyl or any fentanyl analogue, when such substance is proven to be the proximate cause of death, shall constitute felony murder in the first degree.

What’s terrifying is how prosecutors interpret the word “distribution.” A teenager giving a pill to a friend, or sharing a line of what they believed to be a party drug, can meet the statutory definition of distribution—even if no money changes hands.

That means your son, your daughter, or someone you care about could be prosecuted as a murderer for what used to be called a tragic accident.

What Really Happens in Teen Drug Culture

Here’s what the law doesn’t explain: the reality of teen and college drug culture.

Young people aren’t manufacturing fentanyl. They’re not cartel members. They’re not mixing analogues in basements. They’re often experimenting socially, trading pills they’ve gotten from Snapchat, Telegram, or local plugs. Many of these pills are counterfeit, and they look identical to the real thing. DEA lab testing reveals that more than half of fake oxycodone pills on the street contain potentially lethal levels of fentanyl.

One minute it’s a party, the next someone’s on the floor, blue-lipped and unconscious. A call to 911 gets placed. Paramedics arrive too late. Someone dies. And then the surviving friend is arrested.

As a criminal defense attorney, I’ve seen it. I’ve defended it. And I’ve won.

Real Case Example: Saved From a Felony Murder Charge

A 19-year-old college student in Gainesville shared a single pill with a roommate—something he thought was Percocet. The friend overdosed and died later that night. My client was arrested two days later and charged under the newly enacted provisions of SB 612.

The case seemed open-and-shut to police. There was a text message. Surveillance footage. A half-pill in a drawer. But what the prosecution didn’t understand, and what I brought to light, was the reality of accidental use, contamination, and ignorance of fentanyl content.

We built a case showing my client had no knowledge the pill contained fentanyl. Toxicology showed he had taken the same pill himself earlier. We presented a chemical analysis of similar batches circulating at the time, demonstrating that multiple users had unknowingly ingested lethal doses.

The felony murder charge was dropped. Instead, he faced a possession charge, and we negotiated pretrial diversion. Today, his record is clean. He’s back in school. He’s alive, and so is his future.

Why You Need a Private Attorney Immediately

Public defenders are hardworking, but they’re overwhelmed and simply don’t have the time to commit to a case like this. These are high-stakes prosecutions. Prosecutors are under immense pressure to “send a message” in fentanyl death cases. That’s why you need someone who can:

  • Challenge the toxicology reports

  • Uncover text messages that show a lack of intent

  • Bring in experts on street drug contamination

  • Argue for reduced charges or immunity under the Good Samaritan Act

If you wait, prosecutors will take control of the narrative. With me, we take that power back.

What Penalties Does Your Child Face?

Under Florida Statute § 782.04, felony murder is punishable by:

  • Life in prison without parole

  • Mandatory minimum sentencing guidelines

  • Adult prosecution for minors over 14

These cases are charged as first-degree felonies. In the eyes of the court, that’s the same category as premeditated murder. And prosecutors don’t need to prove your child intended to kill anyone—only that they gave or sold the drug that caused the death.

Even if the person who died was a best friend. Even if your child used the drug too. Even if it was a first offense.

Are There Any Defenses?

Yes—and they’re powerful, when built correctly. Some of the defenses I’ve used successfully include:

Lack of knowledge of fentanyl content
Florida law requires that the defendant unlawfully distributed the drug. If they didn’t know what they gave out was fentanyl, it undercuts the statutory basis for first-degree felony murder.

Shared use, not distribution
If both parties used together, with no money or coercion involved, it’s harder to establish that one “distributed” the drug to the other. I’ve successfully argued this in previous cases.

Causation challenges
Proximate cause of death is a legal requirement. If multiple substances were present in the toxicology report, or if the fentanyl was not the sole contributor to death, I can challenge whether the statute applies.

Good Samaritan immunity under Florida Statute § 893.21
If your child called 911 or sought medical help for the victim, this statute may protect them from prosecution for certain offenses.

These defenses aren’t automatic. They have to be built by someone who understands how prosecutors think—and how to pressure them into making the right deal or dropping charges altogether.

Other Relevant Statutes That Can Be Charged Alongside

Florida prosecutors often stack charges in fentanyl death cases. These may include:

  • Florida Statute § 893.13 – Possession or sale of controlled substances

  • Florida Statute § 893.135 – Drug trafficking (even for small quantities if weight thresholds are met)

  • Florida Statute § 777.011 – Principal to a crime, if someone else handed over the drug

  • Florida Statute § 827.04(3) – Child neglect with great bodily harm, when a minor is involved

  • Florida Statute § 877.111 – Misuse of toxic substances

Each charge brings new risks. Every count can add decades to a potential sentence. And prosecutors use these as leverage to force plea deals. That’s why having an attorney who sees the full picture is critical.

Why These Cases Are Different for Juveniles and Young Adults

The Florida Department of Juvenile Justice has little tolerance for fentanyl-related deaths. Prosecutors often “direct file” teens into adult court—even at age 15 or 16.

Once that happens, your child loses protections normally afforded to minors:

  • No sealed juvenile record

  • No juvenile detention alternatives

  • Subject to adult mandatory sentencing

Don’t assume your child will be treated as a “kid” by the justice system. Florida law doesn’t work that way anymore. And if SB 612 is involved, your family is already facing a worst-case scenario.

Call a Florida Fentanyl Death Defense Attorney Before It's Too Late

You can’t undo the loss of life—but you can protect the one that’s still here. When a young person dies from fentanyl, law enforcement moves fast, and prosecutors file serious charges even before all the facts are known. Waiting to hire an attorney only makes it worse.

I’ve helped families just like yours. I’ve protected kids from spending their lives behind bars for a tragic mistake. And I’m ready to help you.

Florida Fentanyl Death Defense FAQs

Can someone be charged with murder if the fentanyl overdose was accidental?
Yes, absolutely. Under Florida law, if a person gives another person a drug that leads to their death, that can be prosecuted as felony murder—even if there was no intent to kill. The law focuses on the act of distribution and the result of death, not the mindset of the accused. That means accidental sharing of a counterfeit pill could trigger murder charges. A skilled defense attorney can challenge this by attacking the legal definitions of distribution and causation.

What if my child didn’t know the drug had fentanyl in it?
Lack of knowledge is a critical defense. Florida courts have held that knowing participation in the distribution of a specific controlled substance is required. If your child thought they were sharing Xanax, not fentanyl, that lack of intent and awareness can be raised to weaken the murder charge. A chemical analysis of the batch, peer testimony, and digital evidence can all support this defense.

How can a private defense attorney help compared to a public defender?
A private defense attorney has more time and resources to investigate, consult experts, analyze lab results, and file suppression motions. In a fentanyl death case, the stakes are too high to rely on overworked public defense. I personally oversee every aspect of these cases—from media handling to courtroom strategy. It’s not just about defending a charge—it’s about saving a life.

Will my child’s case stay in juvenile court?
Unlikely. In most fentanyl-related death cases, prosecutors will “direct file” the case in adult court. Once that happens, your child is treated like an adult in the criminal justice system. The penalties increase dramatically, and so does the long-term damage. However, a strong defense can sometimes negotiate a transfer back to juvenile court or leverage lesser charges to preserve the child’s future.

What’s the minimum sentence for felony murder in Florida?
Under Florida Statute § 775.082, felony murder is punishable by life imprisonment, with no parole. In cases involving fentanyl distribution and death, the courts rarely show leniency unless a compelling defense is presented early. However, with legal representation, the case can often be reduced to manslaughter, possession, or dismissed entirely depending on the facts.

Is it better to plead guilty early and avoid trial?
Not always. Prosecutors may pressure you into taking a quick plea, but that often leads to decades in prison. These cases need a full investigation first. The cause of death, the origin of the drug, and the alleged role of your child all matter. I’ve had murder charges dismissed after uncovering details that weren’t part of the initial police report. A hasty plea is usually a mistake.

Call Our Florida Fentanyl Death Defense Attorney

If your son or daughter has been charged, investigated, or implicated in a fentanyl-related death, you cannot afford to wait.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have over 30 office locations throughout all of the state of Florida and serve all counties in Florida including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.

Protect your child. Protect their future. Call now.