Distribution Causing Overdose or Serious Bodily Injury
An adult's unlawful distribution of specified opioids or analogs when the substance causes or is a substantial factor in causing a user's overdose or serious bodily injury.
Florida Statute
§ 893.131
Distribution of controlled substances resulting in overdose or serious bodily injury
Verified against the 2026 Florida Statutes: September 13, 2026
Quick Summary
Confirm adult status, unlawful distribution of a listed substance or mixture, the resulting overdose or serious bodily injury, causation or substantial-factor proof, and any prior conviction under this section.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
No Prior Conviction Under This Section
F.S. § 893.131(2)(a)
Adult distribution of the listed substances or mixture, with the required resulting overdose or serious-bodily-injury causation proof.
Prior Conviction Under This Section
F.S. § 893.131(2)(b)
The same conduct after a prior conviction under F.S. 893.131(2)(a).
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
Distribution track
The defendant was at least 18 years old and unlawfully distributed a listed opioid, fentanyl-related substance, specified analog, or a mixture containing one of them.
Plain language: Confirm adult status, unlawful distribution, and the qualifying substance or mixture.
- Element 2AND — Required
Result and causation
The user's overdose or serious bodily injury resulted, and the distributed substance or mixture caused or was a substantial factor in causing it.
Plain language: The causation requirement is satisfied when the substance or mixture caused or was a substantial factor, even if another substance also could have caused the harm.
Jury Instructions
Jury Instructions
Instruction 25.22
Unlawful Distribution of Enumerated Controlled Substance Causing Overdose or Serious Bodily Injury
Covers F.S. § 893.131.
View Official InstructionVerified against the official instruction source: September 13, 2026
Important Definitions
Important Definitions
Substantial factor
A substance or mixture that alone is sufficient to cause an overdose or serious bodily injury, even if another substance or mixture could also cause it.
Additional Notes
Additional Notes
Quick Reference
The page covers adult distribution of the statute's listed opioids, fentanyl substances, analogs, and mixtures when overdose or serious bodily injury results.