Fla. Stat. § 782.04

Drug-Induced Homicide

When a drug sale ends in a fatal overdose, Florida can charge the person who supplied it with homicide — and a 2025 law extended that exposure to minors. Here is how it works.

Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: June 2026

When an Overdose Becomes a Homicide

Florida law allows a person who distributes drugs that cause a fatal overdose to be charged with homicide — even without any intent to kill. For adults, unlawful distribution of fentanyl or fentanyl analogs that causes death can be charged as felony murder, exposing the defendant to first-degree murder liability.

SB 612 — The 2025 Change

Effective July 1, 2025, Senate Bill 612 amended § 782.04 to close what lawmakers saw as a loophole: previously, minors who distributed fatal fentanyl could not be charged with felony murder. Now they can.

The Governing Statute
Fla. Stat. § 782.04 — Murder — Fentanyl Distribution Causing Death
"The unlawful killing of a human being … which resulted from the unlawful distribution … of any substance … [containing] dangerous fentanyl or fentanyl analogs … proven to have caused, or … a substantial factor in producing, the death of the user."
Read the full statute on Online Sunshine →

Under the new provision, a person under 18 who distributes a substance they knew or reasonably should have known contained fentanyl — where that substance is proven to have caused or been a "substantial factor" in a death — commits third-degree murder, a second-degree felony punishable by up to 15 years.

What the State Must Prove

Key Elements & Penalties
Adults: Fentanyl distribution causing death can be charged as felony murder (first-degree) — up to life, and in some circumstances capital exposure.

Minors (SB 612, eff. 7/1/2025): Third-degree murder, a second-degree felony — up to 15 years, plus possible direct file into adult court.

Causation standard: The drug must be proven to have caused or been a "substantial factor" in the death.

Where the Defense Begins

  • Causation. Toxicology often shows multiple substances. Whether the charged drug truly caused, or was a "substantial factor" in, the death is frequently the central battle.
  • The distribution link. The State must connect the defendant to the specific drug that caused death.
  • Knowledge. For the SB 612 charge, whether the minor knew or should have known the substance contained fentanyl.
  • Suppression of unlawfully obtained evidence, including phone and message data.

Frequently Asked Questions

Can you be charged with murder for a drug overdose in Florida?
Yes. Under § 782.04, distributing fentanyl or fentanyl analogs that cause a death can be charged as felony murder for adults. As of July 1, 2025, minors who distribute fatal fentanyl can be charged with third-degree murder under SB 612.
What is SB 612 in Florida?
SB 612, effective July 1, 2025, amended Florida’s homicide statute so that a person under 18 who distributes fentanyl that causes death can be charged with third-degree murder — a second-degree felony punishable by up to 15 years.
What does "substantial factor" mean in a fentanyl death case?
It means the substance alone was sufficient to cause death, regardless of whether other substances were also present and also sufficient. Causation is often the central, most-contested issue in these cases.

Charged Under This Statute?

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This page summarizes Fla. Stat. § 782.04 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.