Drug-Induced Homicide Charges in Florida

Florida law treats cases of drug distribution resulting in death (often called drug-induced homicide) very seriously. These charges arise when a person distributes a controlled substance and another person dies because of that drug. Overdose deaths involving fentanyl, counterfeit pills, heroin, etc. are central to many of these cases.

Drug-induced homicide prosecutions have been increasing in Florida as lawmakers and prosecutors respond to the opioid/fentanyl crisis and strive to hold distributors accountable for deaths tied to their drugs.

Attorneys for Drug-Induced Homicide Charges in Tampa, FL

If you or a loved one are facing a drug­-induced homicide charge in the Tampa Bay area, you will want skilled legal defense immediately. The Sammis Law firm represents clients charged with serious offenses in Tampa FL, including:

• Distribution of controlled substances resulting in death (drug induced homicide, felony murder)
• Overdose cases involving fentanyl, heroin, synthetic analogues
• Juvenile drug distribution resulting in death under SB 612

We can assist in several ways: reviewing toxicology reports, challenging causation, suppressing illegally obtained evidence, negotiating with prosecutors, and arguing for reduced charges or alternative outcomes.

If you have been arrested for a drug crime in the Tampa Bay area, including Hillsborough County, Pinellas County, Pasco County, Hernando County, or Polk County, contact an experienced attorney at the Sammis Law Firm. Focusing on criminal defense and serious drug crimes, we pay particular attention to recent changes in the law and unique arguments that apply to these types of cases.

Call (813) 250-0500.

Overview of Drug Induced Homicide in Florida

• Florida Statutes on Drug Distribution Resulting in Death
• Common Examples of Drug-Induced Homicide Cases
• Penalties for Drug-Induced Homicide in Florida
• Juveniles Charged Under New Law (SB 612)
• Defenses to Drug-Induced Homicide Charges
• Can You Seal or Expunge a Drug-Induced Homicide Charge?
• FAQ
• Additional Resources

Back to Top

Florida Statutes on Drug Distribution Resulting in Death

Drug-induced homicide cases are generally prosecuted under Section 782.04, Florida Statutes (Murder) and related provisions of Chapter 893 (Drug Abuse Prevention and Control).

Under Florida law, a person may be charged with first-degree murder if:

• The person unlawfully distributed a controlled substance listed in §893.03 (such as heroin, fentanyl, or cocaine), and
• Another person’s death resulted from ingesting that substance.

The law treats the death as felony murder, meaning prosecutors do not have to prove intent to kill — only that the distribution occurred and caused the death.

Back to Top

Common Examples of Drug-Induced Homicide Cases

• A person sells counterfeit pills believing them to be one drug, which are instead laced with fentanyl, causing death.
• Distributing fentanyl or fentanyl analogues leading to a fatal overdose.
• Sharing or delivering controlled substances without realizing their potency or adulteration, resulting in death.

These cases typically rest heavily on medical examiner / toxicology reports, lab results, witness testimony, messages or phone records showing distribution, timing of ingestion versus death, and proving that the drug supplied was a “substantial factor” in the fatality.

Back to Top

Penalties for Drug-Induced Homicide in Florida

The penalties for drug-induced homicide are among the harshest in Florida’s criminal code. Because the charge is tied to the unlawful distribution of a controlled substance that results in death, it is prosecuted under the felony murder provisions of §782.04, Fla. Stat.

First-Degree Murder Charges
 If the case is prosecuted as first-degree felony murder, the penalties include:

• Mandatory life imprisonment without the possibility of parole, or
• The death penalty in rare cases where the prosecution establishes statutory aggravating circumstances.

Other Homicide Charges
 Depending on the facts, prosecutors may also pursue charges such as second-degree murder or manslaughter when they cannot meet the elements of first-degree felony murder. These charges still carry lengthy prison sentences ranging from 15 years to life, and fines of up to $10,000 or more, depending on the drug and circumstances.

Aggravating Factors
 Sentencing can be enhanced if certain aggravating factors are present, including:

• The distribution involved fentanyl, fentanyl analogues, or other highly lethal substances.
• The defendant has a prior record of drug trafficking or violent offenses.
• The victim was a minor, a pregnant woman, or a person especially vulnerable due to age or disability.
• The distribution occurred in proximity to a school, church, or other protected location.
• The case involved multiple victims or a pattern of conduct leading to more than one death.
• The defendant acted with reckless disregard for human life, such as cutting drugs with unusually high concentrations of fentanyl or knowingly supplying counterfeit pills.

When aggravating factors are proven, they may not only increase sentencing points under Florida’s Criminal Punishment Code but also support the State’s argument for the most severe penalties, including life without parole or capital punishment in extreme cases.

Back to Top

Juveniles Charged Under New Law (SB 612)

Florida recently passed Senate Bill 612 (SB 612), which took effect July 1, 2025, and significantly changed how juveniles are charged in drug overdose death cases

Here’s what SB 612 does and how it affects juveniles:

• Under SB 612, a person under 18 who unlawfully distributes certain dangerous controlled substances (including fentanyl, fentanyl analogues, methamphetamine, cocaine, etc.) that result in someone’s death may be charged with third-degree murder, which is classified as a second-degree felony.
• The statute requires that the juvenile knew or reasonably should have known that the substance contained fentanyl or a similar dangerous analog.
• The new law addresses a “loophole” highlighted by cases like the death of Devin Ramos, a 17-year-old who died after taking a pill laced with fentanyl. Under the prior law, the distributor being under 18 prevented felony murder charges. SB 612 closes that gap.
• Penalties under the juvenile version include up to 15 years in prison; even though prosecuted for third-degree murder, juveniles may be “direct-filed” into adult court in particularly serious cases.

Back to Top

Defenses to Drug-Induced Homicide Charges

Potential defenses in these cases include:

• Causation: Arguing that the drug provided by the defendant was not the actual cause of death, especially when multiple substances are involved, or when the victim had underlying health issues.
• Lack of knowledge: If the defendant did not know (and had no reason to know) the drug contained a deadly substance (like fentanyl). This is particularly relevant under SB 612.
• Distribution requirement: Proving that the defendant actually distributed the substance (sale, share, etc.), as opposed to accidental or unknowing possession or transfer.
• Evidence challenges: Questioning the validity of toxicology tests, chain of custody, witness reliability, or whether search/seizure was lawful.
• Constitutional/Procedural defenses: including unlawful search or seizure (Fourth Amendment), failure to provide Miranda warnings, especially for juveniles, or other violations of legal/procedural rights.

Back to Top

Can You Seal or Expunge a Drug-Induced Homicide Charge?

Unlike misdemeanor charges, drug-induced homicide charges cannot be sealed or expunged if a conviction results.

However, if the charge is dismissed, dropped, or reduced to an offense that qualifies under Florida law, the defendant may still be eligible to pursue expungement or sealing. In these cases, it is critical to avoid an adjudication of guilt.

Back to Top

FAQ

Q: What is drug-induced homicide in Florida?
 A: It refers to criminal charges (typically murder) brought when the distribution of a controlled substance leads to someone’s death. The State doesn’t always need proof of intent to kill, only that the drug distribution was unlawful and caused death.

Q: When did SB 612 take effect, and what does it change?
 A: SB 612 became law effective July 1, 2025. It allows prosecutors to charge juveniles (under 18) with third-degree murder if they distribute certain dangerous drugs (like fentanyl) that lead to another person’s death, provided certain elements are met (e.g. knowledge of drug type, causation).

Q: What are the penalties under SB 612 for juveniles?
 A: Up to 15 years in prison, classification as a second-degree felony for third-degree murder, and possibility of “direct filing” into adult court in serious cases. Permanent felony record.

Q: How is this different from involuntary manslaughter or other drug laws?
 A: With SB 612, distributing drugs that cause death can rise to a murder charge (third-degree murder) even without intent to kill. Manslaughter or other drug statutes may carry lesser penalties and require different elements (intent, negligence, etc.).

Back to Top

Additional Resources

Florida Statute §782.04 – Homicide, felony murder provisions.

Florida Statute Chapter 893 – Controlled Substances Act.

Florida Senate Analysis of SB 612: Florida Senate Bill 612 Analysis PDF The Florida Senate

News article about SB 612 and juvenile drug dealer accountability: WTSP: Florida law targets juvenile drug dealers after teen’s fentanyl death