Understanding How Florida Now Treats Juvenile Fentanyl Cases and Why Legal Defense Is Critical
Florida has been at the forefront of passing some of the toughest drug laws in the nation. Over the past decade, the rise of fentanyl has devastated communities across the state, causing record overdose deaths and pushing lawmakers to respond with harsher penalties. Until recently, however, there was a loophole in the law when it came to juveniles. If someone under 18 distributed fentanyl and it resulted in a death, prosecutors could not pursue a felony murder charge.
That changed with Senate Bill 612 (SB 612), signed into law and effective July 1, 2025. This new statute allows prosecutors to charge minors with third-degree felony murder if the fentanyl they distribute contributes to another person's death.
As a defense attorney, I have already seen how aggressively law enforcement and state prosecutors intend to use this law. While it was born from tragedy, it raises serious legal questions and exposes minors to adult-level criminal penalties. Below, I'll explain the statute in detail, what prosecutors must prove, what defenses apply, and why hiring a private defense attorney is more important than ever if you or your child faces charges under SB 612.
What SB 612 Says
SB 612 amends Florida's homicide statutes to create liability for minors who distribute fentanyl that causes death.
The statute provides that:
- A juvenile under 18 who unlawfully distributes fentanyl or a fentanyl analogue,
- Who knew or reasonably should have known the substance contained fentanyl,
- And where the distribution substantially contributes to another person's death,
- Can be charged with third-degree felony murder.
This carries penalties of up to 15 years in prison.
Florida lawmakers passed this bill after the widely publicized overdose of 17-year-old Devin Ramos in Hillsborough County. Devin and his friend purchased what they thought were Percocet pills, but they were laced with fentanyl. Devin died, and prosecutors were unable to file a felony murder charge because the dealer was also a juvenile. SB 612 was designed to close that gap.
Florida's Overall Stance on Fentanyl
Even before SB 612, Florida had one of the most punitive stances on fentanyl crimes in the country. Lawmakers believe the opioid crisis, driven heavily by fentanyl, is best addressed through harsh mandatory sentencing.
- Simple Possession (<4 grams): Third-degree felony, up to 5 years prison, 5 years probation, $5,000 fine.
- Trafficking (§ 893.135(1)(c)):
- 4–14 grams = Minimum 3 years, $50,000 fine
- 14–28 grams = Minimum 15 years, $100,000 fine
- 28+ grams = Minimum 25 years, $500,000 fine
When fentanyl distribution results in death, adults can face capital felony charges under § 775.082 and § 921.142, punishable by life imprisonment or death. Now, with SB 612, minors face felony murder liability as well.
Elements Prosecutors Must Prove Under SB 612
To convict a juvenile under the new law, the state must prove several elements beyond a reasonable doubt:
- Age – The defendant was under 18 at the time.
- Distribution – The minor illegally distributed fentanyl or an analogue.
- Knowledge – The juvenile knew or reasonably should have known the substance contained fentanyl.
- Causation – The fentanyl distributed was a substantial contributing factor in the victim's death.
Unlike first-degree murder, intent to kill is not required. The law is based on the felony murder doctrine: liability flows from the act of distribution if it leads to death.
Penalties
A conviction under SB 612 means a juvenile could serve up to 15 years in prison. While this is less than the life sentence an adult faces under capital drug homicide laws, for a teenager, it is still life-altering. It also carries a permanent felony record, which affects future education, employment, and civil rights.
Defenses Available in Juvenile Fentanyl Death Cases
1. Challenging Knowledge
The state must show the minor knew or should have known fentanyl was present. If the minor thought they were distributing another drug (like Xanax or Percocet), and had no reason to know it was laced, that undermines the prosecution's case.
2. Causation
Defense attorneys can argue that fentanyl was not the substantial cause of death. Many overdose victims have multiple substances in their system. An independent toxicologist can challenge state lab results and medical examiner findings.
3. Constitutional Challenges
Police may have conducted an unlawful search or seizure in violation of the Fourth Amendment. Evidence obtained illegally can be suppressed.
4. Chain of Custody
The handling of pills or powders is critical. If prosecutors cannot establish a clean chain of custody, their evidence may be excluded.
5. Juvenile Rights Violations
Minors have special rights during interrogation. If law enforcement questioned a juvenile without proper parental notification or Miranda warnings, statements can be suppressed.
Real-World Example
Not long ago, I represented a 16-year-old accused of distributing counterfeit Xanax bars that contained fentanyl. The pills led to a non-fatal overdose. Prosecutors initially considered charging him with aggravated trafficking.
When I reviewed the evidence, it was clear that the boy thought he was distributing Xanax, not fentanyl. Text messages showed he had purchased the pills from another source and even warned his friends about "strong Xanax." There was no indication he knew fentanyl was involved. By aggressively challenging the "knowledge" element and presenting evidence of his misunderstanding, I was able to negotiate a reduced charge of misdemeanor possession, and he was sentenced to probation instead of prison.
This case demonstrates how important it is to fight each element of the state's case. Without a defense attorney, that young man's life would have been permanently derailed.
Why a Private Attorney Is Critical
Juvenile defendants facing SB 612 charges are in a uniquely vulnerable position. They may not understand the system, and prosecutors are determined to make examples out of them. A public defender may be assigned, but these lawyers carry overwhelming caseloads.
A private attorney can:
- Hire independent toxicologists to challenge causation.
- Scrutinize toxicology reports and medical examiner findings.
- Challenge whether the minor actually knew fentanyl was present.
- File motions to suppress illegally obtained evidence.
- Negotiate aggressively with prosecutors for reduced charges.
- Advocate for treatment or diversion programs rather than prison.
Without this level of defense, a juvenile could end up serving 15 years for a crime they did not fully understand.
The Bigger Picture
Florida's aggressive stance on fentanyl crimes reflects the state's frustration with overdose deaths, but laws like SB 612 are controversial. They impose adult-level liability on minors, many of whom may not have understood what they were distributing.
For families, the stakes could not be higher. A single mistake, often influenced by peer pressure or immaturity, could mean a decade or more behind bars. That is why early intervention and legal defense are essential.
FAQs About Florida's SB 612 and Juvenile Fentanyl Prosecutions
What is SB 612, and why did Florida pass it?
SB 612 is a new Florida law, effective July 1, 2025, that allows prosecutors to charge juveniles with felony murder if they distribute fentanyl that leads to another person's death. Before this law, minors who sold fentanyl could not be charged with felony murder, even when their actions caused fatal overdoses. The bill was inspired by cases like Devin Ramos, a 17-year-old who died from a fentanyl overdose after buying what he thought were Percocet pills. Lawmakers wanted to close a legal loophole that left prosecutors unable to hold juvenile dealers fully accountable.
What penalties can a minor face under SB 612?
A juvenile convicted under SB 612 faces up to 15 years in prison for third-degree felony murder. This is in addition to penalties for related charges like possession, trafficking, or sale of fentanyl. While adults accused of fentanyl distribution resulting in death can face life in prison or even the death penalty under capital felony drug laws, juveniles now face serious prison time under this new statute.
Does the law require proof that the minor knew the drugs contained fentanyl?
Yes. One of the key elements prosecutors must prove is that the juvenile knew or reasonably should have known the substance contained fentanyl. This means the state cannot automatically assume the minor knew; they must prove it with evidence such as text messages, conversations, packaging, or prior incidents. If the defendant truly believed the drug was something else, such as oxycodone or Xanax, the state's case may fall apart.
Can a juvenile be charged even if the overdose was unintentional?
Yes. SB 612 is based on the felony murder doctrine. Intent to kill is not required. If a juvenile distributes fentanyl and the drug is a substantial contributing factor to someone's death, prosecutors can bring a third-degree felony murder charge. The law treats the distribution itself as the underlying felony that triggers liability for the resulting death.
How do prosecutors prove fentanyl caused the death?
The state must show that fentanyl was a substantial factor in the overdose death. This usually involves toxicology reports, medical examiner testimony, and lab results. However, overdose cases often involve multiple substances. Defense attorneys can challenge causation by hiring independent toxicologists, reviewing autopsy findings, and highlighting other medical conditions or substances that may have been more responsible.
Can law enforcement charge a minor as an adult in these cases?
Yes, depending on the circumstances. Florida law allows prosecutors to "direct file" certain juvenile cases into adult court. When fentanyl is involved, and especially when a death results, prosecutors are likely to push for adult charges. Thisexposes minors to longer sentences and the same process as adult defendants. A strong defense attorney can argue against direct filing and fight to keep the case in juvenile court.
What defenses can apply in SB 612 cases?
Several defenses may be used depending on the facts:
- Lack of knowledge – The juvenile did not know, and had no reason to know, that the drug contained fentanyl.
- Causation – The death was caused by other substances, health conditions, or factors unrelated to fentanyl.
- Illegal search/seizure – If law enforcement violated the Fourth Amendment, evidence may be excluded.
- Chain of custody issues – If the handling of drugs or toxicology evidence was improper, the prosecution's case weakens.
- Juvenile rights violations – If police questioned a minor without parental notification or proper Miranda warnings, statements may be suppressed.
Can families take action before charges are filed?
Absolutely. If a juvenile is under investigation but not yet charged, hiring an attorney right away can make a huge difference. Early intervention allows the defense to protect the child's rights, present mitigating evidence, and sometimes prevent formal charges from ever being filed. Waiting until after an arrest severely limits options.
Why is a private attorney critical for SB 612 cases?
Juvenile defendants are uniquely vulnerable. Prosecutors want to send a message, and public defenders often carry overwhelming caseloads. A private attorney has the resources to:
- Retain independent experts,
- Challenge the state's toxicology and medical evidence,
- Investigate knowledge and causation issues,
- Negotiate for reduced charges,
- Argue for treatment or diversion programs instead of prison.
Without an aggressive defense, a minor could face years behind bars for a mistake they may not have fully understood.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you or your child has been accused of a fentanyl-related offense in Florida, including charges under SB 612, you need immediate and aggressive legal representation. The state is determined to use this new law to its fullest extent, and the consequences are severe.
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 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.