Florida Fentanyl Murder Defense Lawyer Explains the Impact of SB 612 on Minors Accused of Drug Distribution Resulting in Death

As a Florida criminal defense attorney, I’ve seen our state’s drug laws shift dramatically in response to the opioid epidemic. Recently, those changes have taken a sharp and unforgiving turn; especially for teenagers. Under Senate Bill 612 (SB 612), signed into law in 2023, even minors who distribute fentanyl can now face murder charges if a user dies from the drug they provided. That means your 16-year-old child could be prosecuted as an adult for first-degree murder. Yes, murder—for a drug sale.

This isn’t theoretical. It's real, it's happening across Florida, and families are being torn apart. If your teen is facing this kind of charge, you need to understand exactly what this law says, how prosecutors apply it, and how a private defense lawyer can fight to protect your child’s future.

Let’s talk about the law, what it allows, what it ignores, and what you can do if you or someone you love is in the crosshairs.

What Is SB 612 and How Does It Treat Teens Accused of Selling Fentanyl?

In 2023, Florida passed SB 612, expanding the state’s already tough stance on fentanyl crimes. It directly amends Florida Statutes § 782.04, which governs murder charges. Under this new law, any person who unlawfully distributes fentanyl or a fentanyl analog can be charged with felony murder if the substance results in the death of a user—even if the accused did not intend to kill anyone.

Here’s the critical language from the updated statute:

Florida Statute § 782.04(1)(a)3.
"The unlawful distribution of any substance controlled under s. 893.03(2)(b) or (c), including fentanyl or any analog thereof, which is proven to be the proximate cause of the death of the user, shall constitute murder in the first degree..."

This means prosecutors no longer need to prove intent to kill. They only need to prove that the fentanyl was illegally distributed and that it caused the overdose death.

For minors, the consequences are the same. The statute makes no exception based on age. Under Florida law, prosecutors can directly charge juveniles as adults under § 985.557 if the offense qualifies as a life felony or capital felony—which murder does.

Why Are Florida Prosecutors Charging Teens as Murderers?

The opioid crisis has reached alarming levels. Fentanyl is incredibly potent, and small doses can kill. As a result, lawmakers and law enforcement have shifted from focusing on treatment to punishment. Teens involved in low-level sales—often manipulated by older dealers—are now seen as contributors to this crisis.

Prosecutors argue that if a teen sold fentanyl that led to a death, they "set the chain in motion." But this ignores the reality of many of these cases: teens may not even know the drug contains fentanyl. It also assumes guilt before the facts are fully known.

This is why a private defense attorney is essential. Public defenders are often overworked and under-resourced. Your child needs someone who can act quickly, investigate deeply, and challenge every piece of evidence.

A Real Case Example: How We Helped a Family Avoid a Felony Murder Conviction

A 17-year-old client of mine was arrested in Central Florida after texting with a friend and providing a counterfeit painkiller pill. The friend tragically died hours later. Lab results showed the pill contained fentanyl. Law enforcement charged my client with first-degree murder.

The prosecutors were under public pressure and were moving fast. But we acted faster. We immediately retained an independent toxicology expert and uncovered that the victim had consumed multiple substances that night, including alcohol and benzodiazepines. We also subpoenaed social media messages showing the victim was knowingly seeking out illicit pills.

Through intense pre-trial negotiations, we presented our findings and challenged the causation link. Ultimately, the State agreed to a plea deal on a lesser charge—delinquent possession with intent to sell—keeping the teen in juvenile court and avoiding a murder conviction entirely.

Without aggressive, experienced representation, that child would still be in jail awaiting a murder trial.

Defenses to Fentanyl Murder Charges in Florida

There are several defenses I explore when representing a teen charged under this statute. The key is to act fast and build a record before the prosecution sets the narrative.

1. Lack of Causation:
The law requires the fentanyl to be the proximate cause of death. If the victim had multiple drugs in their system, or if the dose came from another source, that could break the causal chain.

2. Lack of Knowledge:
Minors often distribute what they’re told are Xanax, Percocet, or Adderall—counterfeit pills that contain fentanyl. If the teen didn’t know they were handing over fentanyl, that undermines intent and responsibility.

3. Illegal Search and Seizure:
Was the teen’s phone searched without a warrant? Were text messages obtained illegally? Any Fourth Amendment violations can get key evidence thrown out.

4. Entrapment:
Was your child pressured into selling by a police informant or undercover officer? Florida’s entrapment defense can apply, especially when minors are involved.

5. Misidentification:
In some cases, kids are charged based on texts alone, without physical evidence linking them to the drugs. If there's doubt about whether your child was truly the source, that’s a viable defense.

As your private defense lawyer, I would dig into each of these angles immediately. We bring in experts, file motions early, and confront the State with facts they often ignore.

Why You Need a Private Attorney If Your Teen Is Facing These Charges

If your child is charged under SB 612, the State sees them as no different from a cartel member. It doesn’t matter if your child is 15 or 17. Once that charge is filed, the system treats them like an adult—and the public defender may have 100 other cases.

You need someone who has the time and the skill to break down the prosecution’s case and stop it from reaching a courtroom. You need someone who can negotiate directly with State Attorneys, gather expert witnesses, and file suppression motions that require time-intensive research and precision.

In most cases I handle, early intervention is the difference between a prison sentence and a second chance.

Other Relevant Florida Statutes to Understand

Let me walk you through several other laws that play a role in these prosecutions:

Florida Statute § 893.13 — Governs the illegal sale, manufacture, and delivery of controlled substances. It defines fentanyl and its analogs as Schedule II drugs, meaning they’re strictly regulated and subject to felony penalties.

Florida Statute § 985.557 — Permits prosecutors to direct file adult felony charges against juveniles age 14 or older when the offense is a life felony or involves a death. This statute is critical in understanding how teens land in adult court.

Florida Statute § 782.07 — Covers manslaughter charges. In cases where murder is not provable, the State may attempt to downgrade to manslaughter, which still carries up to 15 years in prison.

Each of these laws contains nuances. I examine every statutory element to find openings for dismissal, reduction, or transfer back to juvenile court.

Penalties Teens May Face Under Florida’s Fentanyl Murder Law

If convicted of first-degree murder under § 782.04(1)(a)3:

  • The mandatory sentence is life in prison without parole, even for minors.

  • If the teen is under 18, the judge may consider a sentencing review after 25 years, but there’s no guarantee of release.

  • Conviction also means permanent felony status, loss of civil rights, and a lifetime of consequences.

These cases aren’t just about prison—they're about lost futures. College admissions, military service, housing, employment—all are affected. That’s why early defense is not just smart, it’s necessary.

Why Musca Law Can Help You Right Now

We have defended hundreds of teens and adults across Florida against serious drug and homicide charges. We understand what’s at stake and what works in Florida courts. Our law firm works statewide, with offices in over 30 locations. We respond fast, and we build custom defense strategies for every case.

You only get one shot to protect your child’s future. Let’s make it count.

Frequently Asked Questions

Florida Fentanyl Murder Defense Lawyer Answers Your Most Urgent Questions

Can my 16-year-old really be charged with first-degree murder in Florida for a drug overdose?
Yes. Under SB 612 and Florida Statute § 782.04, prosecutors can charge minors with murder if they sold or provided fentanyl that led to someone’s death. Florida’s direct file laws let prosecutors charge juveniles as adults for serious felonies, including murder. That means your 16-year-old could be tried in adult court, face adult sentencing, and end up in adult prison. This makes early legal intervention absolutely critical.

Is it possible to move the case back to juvenile court?
Yes, but it’s not automatic. Your attorney would need to file a motion to transfer jurisdiction back to juvenile court under certain circumstances, such as limited criminal history, lack of intent, or compelling mitigating factors. Judges consider several elements, and persuasive advocacy can make the difference. Private defense counsel with a deep understanding of Florida's juvenile justice system can give you a better chance of securing that outcome.

What happens if the person who died had other drugs in their system?
That could become a key defense. The law requires that the fentanyl be the "proximate cause" of death. If toxicology reports show multiple substances or preexisting medical conditions, the chain of causation becomes weaker. An experienced lawyer can bring in independent toxicologists and medical experts to challenge the State’s assumptions and conclusions.

What if my child didn’t know the pills had fentanyl in them?
Many teens sell pills they think are legitimate, only to find out later that they were laced with fentanyl. Lack of knowledge can be a strong defense—especially when the teen is not a known dealer and has no criminal history. The intent to kill or even the knowledge of fentanyl presence is often hard to prove. That gap in evidence can lead to dismissal or a reduction in charges.

Will a public defender be able to handle a case this serious?
Public defenders are hardworking professionals, but they are often overburdened and may not have the resources to hire experts, file advanced suppression motions, or investigate the facts deeply enough. A private defense attorney can devote the time, focus, and resources to make sure no stone is left unturned. With your child’s life on the line, that investment can make all the difference.

Contact a Florida Fentanyl Murder Defense Lawyer Today

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.

If your teen has been arrested or is under investigation, don’t wait until the State builds its case. Call now and let us start building your defense before it’s too late.