Brent Horst Attorney At Law
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FLORIDA CRIMINAL DRUG CRIME DEFENSE LAWYER
  • Former Prosecutor / Assistant State Attorney
  • Board Certified as a Criminal Trial Specialist by the National Board of Legal Specialty Certification
  • Over 20 years experience
  • Over 200 trials
  • American Jurisprudence Award Winner

Not all individuals who are charged with crimes by the government are guilty. Rarely does the "system" intentionally arrest and charge an innocent person but false allegations by vindictive spouses, business partners, angry family members, or others with a motive to make false allegations are sometimes made. Also, sometimes a person just finds themselves in the wrong circumstances which at first appearance make them look guilty.

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An EXPERT IN CRIMINAL TRIAL LAW Brent Horst has 20 YEARS OF EXPERIENCE as a criminal trial lawyer. Mr. Horst has tried to verdict well OVER 200 JURY TRIALS, participated in countless non-jury proceedings, RECEIVED CERTIFICATION AS A CRIMINAL TRIAL SPECIALIST by the National Board of Trial Advocacy, and has developed a reputation as an AGGRESSIVE, EFFECTIVE criminal defense lawyer. While his office is located in Miami Mr. Horst provides services for clients charged with drug crimes throughout Florida including Miami, Fort Lauderdale, Tampa, Clearwater, Jacksonville, and Orlando.

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Florida Criminal Drug Crime Defense Lawyer

Disclaimer: These statutes are provided for general research and general informational purposes. The owner of this web site does not warrant that the version of the statute provided is current, that the entire statue was copied correctly, or that any translation to a foriegn languages is correct.


Before relying upon these statutes you should hire an attorney and have him check the most recent version of the statute and obtain his advice on how the statute may be applied to you and the specific facts of your case.

Florida Conspiracy

Effective: July 1, 2003
Title XLVI. Crimes (Chapters 775-899)
Chapter 777. Principal; Accessory; Attempt; Solicitation; Conspiracy (Refs & Annos)
777.04. Attempts, solicitation, and conspiracy

  1. A person who attempts to commit an offense prohibited by law and in such attempt does any act toward the commission of such offense, but fails in the perpetration or is intercepted or prevented in the execution thereof, commits the offense of criminal attempt, ranked for purposes of sentencing as provided in subsection (4). Criminal attempt includes the act of an adult who, with intent to commit an offense prohibited by law, allures, seduces, coaxes, or induces a child under the age of 12 to engage in an offense prohibited by law.
  2. A person who solicits another to commit an offense prohibited by law and in the course of such solicitation commands, encourages, hires, or requests another person to engage in specific conduct which would constitute such offense or an attempt to commit such offense commits the offense of criminal solicitation, ranked for purposes of sentencing as provided in subsection (4).
  3. A person who agrees, conspires, combines, or confederates with another person or persons to commit any offense commits the offense of criminal conspiracy, ranked for purposes of sentencing as provided in subsection (4).
    1. Except as otherwise provided in ss. 104.091(2), 370.12(1), 828.125(2), 849.25(4), 893.135(5), and 921.0022, the offense of criminal attempt, criminal solicitation, or criminal conspiracy is ranked for purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944 one level below the ranking under s. 921.0022 or s. 921.0023 of the offense attempted, solicited, or conspired to. If the criminal attempt, criminal solicitation, or criminal conspiracy is of an offense ranked in level 1 or level 2 under s. 921.0022 or s. 921.0023, such offense is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
    2. If the offense attempted, solicited, or conspired to is a capital felony, the offense of criminal attempt, criminal solicitation, or criminal conspiracy is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    3. Except as otherwise provided in s. 893.135(5), if the offense attempted, solicited, or conspired to is a life felony or a felony of the first degree, the offense of criminal attempt, criminal solicitation, or criminal conspiracy is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    4. Except as otherwise provided in s. 104.091(2), s. 370.12(1), s. 828.125(2), or s. 849.25(4), if the offense attempted, solicited, or conspired to is a:
      1. Felony of the second degree;
      2. Burglary that is a felony of the third degree; or
      3. Felony of the third degree ranked in level 3, 4, 5, 6, 7, 8, 9, or 10 under s. 921.0022 or s. 921.0023, the offense of criminal attempt, criminal solicitation, or criminal conspiracy is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    5. Except as otherwise provided in s. 104.091(2), s. 370.12(1), s. 849.25(4), or paragraph (d), if the offense attempted, solicited, or conspired to is a felony of the third degree, the offense of criminal attempt, criminal solicitation, or criminal conspiracy is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
    6. Except as otherwise provided in s. 104.091(2), if the offense attempted, solicited, or conspired to is a misdemeanor of the first or second degree, the offense of criminal attempt, criminal solicitation, or criminal conspiracy is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
  5. It is a defense to a charge of criminal attempt, criminal solicitation, or criminal conspiracy that, under circumstances manifesting a complete and voluntary renunciation of his or her criminal purpose, the defendant:
    1. Abandoned his or her attempt to commit the offense or otherwise prevented its commission;
    2. After soliciting another person to commit an offense, persuaded such other person not to do so or otherwise prevented commission of the offense; or
    3. After conspiring with one or more persons to commit an offense, persuaded such persons not to do so or otherwise prevented commission of the offense.

CREDIT(S)
Laws 1868; c. 1637, subsec. 11, § 8; Rev.St.1892, § 2594; Gen.St.1906, § 3517; Rev.Gen.St.1920, § 5403;
Comp.Gen.Laws 1927, § 7544; Laws 1971, c. 71-136, § 701; Laws 1972, c. 72-245, § 1; Laws 1973, c. 73-142,
§ 1; Fla.St.1973, § 776.04; Laws 1974, c. 74-383, § 12; Laws 1975, c. 75-298, § 5; Laws 1983, c. 83-98, § 1;
Laws 1986, c. 86-50, § 2; Laws 1991, c. 91-224, § 170. Amended by Laws 1993, c. 93-406, § 4, eff. Jan. 1,
1994; Laws 1995, c. 95-184, § 14, eff. June 8, 1995; Laws 1997, c. 97-102, § 1195, eff. July 1, 1997; Laws
1997, c. 97-194, § 17, eff. Oct. 1, 1998; Laws 2002, c. 2002-214, § 2, eff. Oct. 1, 2002; Laws 2003, c. 2003-59,
§ 2, eff. July 1, 2003.
Current with chapters in effect from the 2008 Second Regular Session of the Twentieth Legislature through March 14, 2008.

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Florida Continuing Criminal Enterprise

Effective:[See Text Amendments]
Title XLVI. Crimes (Chapters 775-899)
Chapter 893. Drug Abuse Prevention and Control
893.20. Continuing criminal enterprise

  1. Any person who commits three or more felonies under this chapter in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management and who obtains substantial assets or resources from these acts is guilty of engaging in a continuing criminal enterprise.
  2. A person who commits the offense of engaging in a continuing criminal enterprise is guilty of a life felony, punishable pursuant to the Criminal Punishment Code and by a fine of $500,000.
  3. Notwithstanding the provisions of s. 948.01, with respect to any person who is found to have violated this section, adjudication of guilt or imposition of sentence may not be suspended, deferred, or withheld.
  4. This section does not prohibit separate convictions and sentences for violation of this section and for felony violations of this chapter.
  5. This section must be interpreted in concert with its federal analog, 21 U.S.C. s. 848.

CREDIT(S)
Laws 1989, c. 89-145, § 1; Laws 1993, c. 93-406, § 25. Amended by Laws 1997, c. 97-194, §24, eff. Oct. 1, 1998.
Current with chapters in effect from the 2008 Second Regular Session of the Twentieth Legislature through March 14, 2008.

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Florida Criminal Penalties and Sentences

775.082. Penalties; applicability of sentencing structures; mandatory minimum sentences for
certain reoffenders previously released from prison

  1. A person who has been convicted of a capital felony shall be punished by death if the proceeding held to determine sentence according to the procedure set forth in s. 921.141 results in findings by the court that such person shall be punished by death, otherwise such person shall be punished by life imprisonment and shall be ineligible for parole.
  2. In the event the death penalty in a capital felony is held to be unconstitutional by the Florida Supreme Court or the United States Supreme Court, the court having jurisdiction over a person previously sentenced to death for a capital felony shall cause such person to be brought before the court, and the court shall sentence such person to life imprisonment as provided in subsection (1). No sentence of death shall be reduced as a result of a determination that a method of execution is held to be unconstitutional under the State Constitution or the Constitution of the United States.
  3. A person who has been convicted of any other designated felony may be punished as follows:
      1. For a life felony committed prior to October 1, 1983, by a term of imprisonment for life or for a term of years not less than 30.
      2. For a life felony committed on or after October 1, 1983, by a term of imprisonment for life or by a term of imprisonment not exceeding 40 years.
      3. Except as provided in subparagraph 4., for a life felony committed on or after July 1, 1995, by a term of imprisonment for life or by imprisonment for a term of years not exceeding life imprisonment.
      4. For a life felony committed on or after September 1, 2005, which is a violation of s. 800.04(5)(b), by:
        1. A term of imprisonment for life; or
        2. A split sentence that is a term of not less than 25 years' imprisonment and not exceeding life imprisonment, followed by probation or community control for the remainder of the person's natural life, as provided in s. 948.012(4).
    2. For a felony of the first degree, by a term of imprisonment not exceeding 30 years or, when specifically provided by statute, by imprisonment for a term of years not exceeding life imprisonment.
    3. For a felony of the second degree, by a term of imprisonment not exceeding 15 years.
    4. For a felony of the third degree, by a term of imprisonment not exceeding 5 years.
  4. A person who has been convicted of a designated misdemeanor may be sentenced as follows:
    1. For a misdemeanor of the first degree, by a definite term of imprisonment not exceeding 1 year;
    2. For a misdemeanor of the second degree, by a definite term of imprisonment not exceeding 60 days.
  5. Any person who has been convicted of a noncriminal violation may not be sentenced to a term of imprisonment nor to any other punishment more severe than a fine, forfeiture, or other civil penalty, except as provided in chapter 316 or by ordinance of any city or county.
  6. Nothing in this section shall be construed to alter the operation of any statute of this state authorizing a trial court, in its discretion, to impose a sentence of imprisonment for an indeterminate period within minimum and maximum limits as provided by law, except as provided in subsection (1).
  7. This section does not deprive the court of any authority conferred by law to decree a forfeiture of property, suspend or cancel a license, remove a person from office, or impose any other civil penalty. Such a judgment or order may be included in the sentence.
    1. The sentencing guidelines that were effective October 1, 1983, and any revisions thereto, apply to all felonies, except capital felonies, committed on or after October 1, 1983, and before January 1, 1994, and to all felonies, except capital felonies and life felonies, committed before October 1, 1983, when the defendant affirmatively selects to be sentenced pursuant to such provisions.
    2. The 1994 sentencing guidelines, that were effective January 1, 1994, and any revisions thereto, apply to all felonies, except capital felonies, committed on or after January 1, 1994, and before October 1, 1995.
    3. The 1995 sentencing guidelines that were effective October 1, 1995, and any revisions thereto, apply to all felonies, except capital felonies, committed on or after October 1, 1995, and before October 1, 1998.
    4. The Criminal Punishment Code applies to all felonies, except capital felonies, committed on or after October 1, 1998. Any revision to the Criminal Punishment Code applies to sentencing for all felonies, except capital felonies, committed on or after the effective date of the revision.
    5. Felonies, except capital felonies, with continuing dates of enterprise shall be sentenced under the sentencing guidelines or the Criminal Punishment Code in effect on the beginning date of the criminal activity.
      1. "Prison releasee reoffender" means any defendant who commits, or attempts to commit:
        1. Treason;
        2. Murder;
        3. Manslaughter;
        4. Sexual battery;
        5. Carjacking;
        6. Home-invasion robbery;
        7. Robbery;
        8. Arson;
        9. Kidnapping;
        10. Aggravated assault with a deadly weapon;
        11. Aggravated battery;
        12. Aggravated stalking;
        13. Aircraft piracy;
        14. Unlawful throwing, placing, or discharging of a destructive device or bomb;
        15. Any felony that involves the use or threat of physical force or violence against an individual;
        16. Armed burglary;
        17. Burglary of a dwelling or burglary of an occupied structure; or
        18. Any felony violation of s. 790.07, s. 800.04, s. 827.03, or s. 827.071; within 3 years after being released from a state correctional facility operated by the Department of Corrections or a private vendor or within 3 years after being released from a correctional institution of another state, the District of Columbia, the United States, any possession or territory of the United States, or any foreign jurisdiction, following incarceration for an offense for which the sentence is punishable by more than 1 year in this state.
      2. "Prison releasee reoffender" also means any defendant who commits or attempts to commit any offense listed in sub-subparagraphs (a)1.a.-r. while the defendant was serving a prison sentence or on escape status from a state correctional facility operated by the Department of Corrections or a private vendor or while the defendant was on escape status from a correctional institution of another state, the District of Columbia, the United States, any possession or territory of the United States, or any foreign jurisdiction, following incarceration for an offense for which the sentence is punishable by more than 1 year in this state.
      3. If the state attorney determines that a defendant is a prison releasee reoffender as defined in subparagraph 1., the state attorney may seek to have the court sentence the defendant as a prison releasee reoffender. Upon proof from the state attorney that establishes by a preponderance of the evidence that a defendant is a prison releasee reoffender as defined in this section, such defendant is not eligible for sentencing under the sentencing guidelines and must be sentenced as follows:
        1. For a felony punishable by life, by a term of imprisonment for life;
        2. For a felony of the first degree, by a term of imprisonment of 30 years;
        3. For a felony of the second degree, by a term of imprisonment of 15 years; and West's F.S.A. § 775.082
        4. For a felony of the third degree, by a term of imprisonment of 5 years.
    2. A person sentenced under paragraph (a) shall be released only by expiration of sentence and shall not be eligible for parole, control release, or any form of early release. Any person sentenced under paragraph (a) must serve 100 percent of the court-imposed sentence.
    3. Nothing in this subsection shall prevent a court from imposing a greater sentence of incarceration as authorized by law, pursuant to s. 775.084 or any other provision of law.
    4. 1. It is the intent of the Legislature that offenders previously released from prison who meet the criteria in paragraph (a) be punished to the fullest extent of the law and as provided in this subsection, unless the state attorney determines that extenuating circumstances exist which preclude the just prosecution of the offender, including whether the victim recommends that the offender not be sentenced as provided in this subsection. 2. For every case in which the offender meets the criteria in paragraph (a) and does not receive the mandatory minimum prison sentence, the state attorney must explain the sentencing deviation in writing and place such explanation in the case file maintained by the state attorney. On an annual basis, each state attorney shall submit copies of deviation memoranda regarding offenses committed on or after the effective date of this subsection, to the president of the Florida Prosecuting Attorneys Association, Inc. The association must maintain such information, and make such information available to the public upon request, for at least a 10-year period.
  10. The purpose of this section is to provide uniform punishment for those crimes made punishable under this section and, to this end, a reference to this section constitutes a general reference under the doctrine of incorporation by reference.

CREDIT(S)
Laws 1971, c. 71-136, § 3; Laws 1972, c. 72-118, §§ 1, 2; Laws 1972, c. 72-724, § 2; Laws 1974, c. 74-383, § 5; Laws 1977, c. 77-174, § 1; Laws 1983, c. 83-87, § 1. Amended by Laws 1994, c. 94-228, § 1, eff. May 25, 1994; Laws 1995, c. 95-184, § 16, eff. June 8, 1995; Laws 1995, c. 95-294, § 4, eff. Oct. 1, 1995; Laws 1997, c. 97-239, § 2, eff. May 30, 1997; Laws 1998, c. 98-3, § 2, eff. March 26, 1998; Laws 1998, c. 98-204, § 10, eff. Oct. 1, 1998; Laws 1999, c. 99-188, § 2, eff. July 1, 1999; Laws 2000, c. 2000-246, § 3, eff. Oct. 1, 2000; Laws 2001, c. 2001-239, § 1, eff. July 1, 2001; Laws 2002, c. 2002-70, § 2, eff. July 1, 2002; Laws 2002, c. 2002-211, §§ 1, 2; Laws 2005, c. 2005-28, § 4, eff. Sept. 1, 2005.
Current with chapters in effect from the 2008 Second Regular Session of the Twentieth Legislature through March 14, 2008.

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Florida Drug Offense Definitions

Effective: July 1, 2005
Title XLVI. Crimes (Chapters 775-899)
Chapter 893. Drug Abuse Prevention and Control
893.02. Definitions
The following words and phrases as used in this chapter shall have the following meanings, unless the context otherwise requires:

  1. "Administer" means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a person or animal.
  2. "Analog" or "chemical analog" means a structural derivative of a parent compound that is a controlled substance.
  3. "Cannabis" means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin.
  4. "Controlled substance" means any substance named or described in Schedules I-V of s. 893.03. Laws controlling the manufacture, distribution, preparation, dispensing, or administration of such substances are drug abuse laws.
  5. "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.
  6. "Dispense" means the transfer of possession of one or more doses of a medicinal drug by a pharmacist or other licensed practitioner to the ultimate consumer thereof or to one who represents that it is his or her intention not to consume or use the same but to transfer the same to the ultimate consumer or user for consumption by the ultimate consumer or user.
  7. "Distribute" means to deliver, other than by administering or dispensing, a controlled substance.
  8. "Distributor" means a person who distributes.
  9. "Department" means the Department of Health.
  10. "Hospital" means an institution for the care and treatment of the sick and injured, licensed pursuant to the provisions of chapter 395 or owned or operated by the state or Federal Government.
  11. "Laboratory" means a laboratory approved by the Drug Enforcement Administration as proper to be entrusted with the custody of controlled substances for scientific, medical, or instructional purposes or to aid law enforcement officers and prosecuting attorneys in the enforcement of this chapter.
  12. "Listed chemical" means any precursor chemical or essential chemical named or described in s. 893.033.
    1. "Manufacture" means the production, preparation, propagation, compounding, cultivating, growing, conversion, or processing of a controlled substance, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation, compounding, packaging, or labeling of a controlled substance by:
      1. A practitioner or pharmacist as an incident to his or her administering or delivering of a controlled substance in the course of his or her professional practice.
      2. A practitioner, or by his or her authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis, and not for sale.
    2. "Manufacturer" means and includes every person who prepares, derives, produces, compounds, or repackages any drug as defined by the Florida Drug and Cosmetic Act. However, this definition does not apply to manufacturers of patent or proprietary preparations as defined in the Florida Pharmacy Act. Pharmacies, and pharmacists employed thereby, are specifically excluded from this definition.
  14. "Mixture" means any physical combination of two or more substances.
  15. "Patient" means an individual to whom a controlled substance is lawfully dispensed or administered pursuant to the provisions of this chapter.
  16. "Pharmacist" means a person who is licensed pursuant to chapter 465 to practice the profession of pharmacy in this state.
  17. "Possession" includes temporary possession for the purpose of verification or testing, irrespective of dominion or control.
  18. "Potential for abuse" means that a substance has properties of a central nervous system stimulant or depressant or an hallucinogen that create a substantial likelihood of its being:
    1. Used in amounts that create a hazard to the user's health or the safety of the community;
    2. Diverted from legal channels and distributed through illegal channels; or
    3. Taken on the user's own initiative rather than on the basis of professional medical advice. Proof of potential for abuse can be based upon a showing that these activities are already taking place, or upon a showing that the nature and properties of the substance make it reasonable to assume that there is a substantial likelihood that such activities will take place, in other than isolated or occasional instances.
  19. "Practitioner" means a physician licensed pursuant to chapter 458, a dentist licensed pursuant to chapter 466, a veterinarian licensed pursuant to chapter 474, an osteopathic physician licensed pursuant to chapter 459, a naturopath licensed pursuant to chapter 462, or a podiatric physician licensed pursuant to chapter 461, provided such practitioner holds a valid federal controlled substance registry number.
  20. "Prescription" means and includes an order for drugs or medicinal supplies written, signed, or transmitted by word of mouth, telephone, telegram, or other means of communication by a duly licensed practitioner licensed by the laws of the state to prescribe such drugs or medicinal supplies, issued in good faith and in the course of professional practice, intended to be filled, compounded, or dispensed by another person licensed by the laws of the state to do so, and meeting the requirements of s. 893.04. The term also includes an order for drugs or medicinal supplies so transmitted or written by a physician, dentist, veterinarian, or other practitioner licensed to practice in a state other than Florida, but only if the pharmacist called upon to fill such an order determines, in the exercise of his or her professional judgment, that the order was issued pursuant to a valid patient-physician relationship, that it is authentic, and that the drugs or medicinal supplies so ordered are considered necessary for the continuation of treatment of a chronic or recurrent illness. However, if the physician writing the prescription is not known to the pharmacist, the pharmacist shall obtain proof to a reasonable certainty of the validity of said prescription. A prescription order for a controlled substance shall not be issued on the same prescription blank with another prescription order for a controlled substance which is named or described in a different schedule, nor shall any prescription order for a controlled substance be issued on the same prescription blank as a prescription order for a medicinal drug, as defined in s. 465.031(5), [FN1] which does not fall within the definition of a controlled substance as defined in this act.
  21. "Wholesaler" means any person who acts as a jobber, wholesale merchant, or broker, or an agent there of, who sells or distributes for resale any drug as defined by the Florida Drug and Cosmetic Act. However, this definition does not apply to persons who sell only patent or proprietary preparations as defined in the Florida Pharmacy Act. Pharmacies, and pharmacists employed thereby, are specifically excluded from this definition.

CREDIT(S)
Laws 1973, c. 73-331, § 2; Laws 1975, c. 75-18, § 1; Laws 1977, c. 77-147, § 470; Laws 1977, c. 77-174, § 1; Laws 1979, c. 79-164, § 184; Laws 1979, c. 79-325, § 1; Laws 1982, c. 82-225, § 37; Laws 1983, c. 83-216, § 169; Laws 1985, c. 85-242, § 1; Laws 1991, c. 91-279, § 1; Laws 1992, c. 92-19, § 1. Amended by Laws 1997, c. 97-102, § 1434, eff. July 1, 1997; Laws 1997, c. 97-264, § 104, eff. July 1, 1997; Laws 1998, c. 98-166, § 234, eff. July 1, 1998; Laws 1999, c. 99-8, § 300, eff. June 29, 1999; Laws 1999, c. 99-186, § 10, eff. July 1, 1999; Laws 2000, c. 2000-320, § 1, eff. Oct. 1, 2000; Laws 2001, c. 2001-55, § 3, eff. July 1, 2001; Laws 2002, c. 2002-78, § 10, eff. July 1, 2002; Laws 2005, c. 2005-128, § 13, eff. July 1, 2005. [FN1] Section 465.031 was repealed by Laws 1979, c. 79-226, § 4.
Current with chapters in effect from the 2008 Second Regular Session of the Twentieth Legislature through March 14, 2008.

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Florida Drug Offense Intent Not Required

Effective: May 13, 2002
Title XLVI. Crimes (Chapters 775-899)
Chapter 893. Drug Abuse Prevention and Control
893.101. Legislative findings and intent

  1. The Legislature finds that the cases of Scott v. State, Slip Opinion No. SC94701 (Fla. 2002) and Chicone v. State, 684 So.2d 736 (Fla. 1996), holding that the state must prove that the defendant knew of the illicit nature of a controlled substance found in his or her actual or constructive possession, were contrary to legislative intent.
  2. The Legislature finds that knowledge of the illicit nature of a controlled substance is not an element of any offense under this chapter. Lack of knowledge of the illicit nature of a controlled substance is an affirmative defense to the offenses of this chapter.
  3. In those instances in which a defendant asserts the affirmative defense described in this section, the possession of a controlled substance, whether actual or constructive, shall give rise to a permissive presumption that the possessor knew of the illicit nature of the substance. It is the intent of the Legislature that, in those cases where such an affirmative defense is raised, the jury shall be instructed on the permissive presumption provided in this subsection.

CREDIT(S)
Added by Laws 2002, c. 2002-258, § 1, eff. May 13, 2002.
Current with chapters in effect from the 2008 Second Regular Session of the Twentieth Legislature through
March 14, 2008.

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Florida Drug Offenses, Prohibited Acts, Penalties

Effective: July 1, 2006
Title XLVI. Crimes (Chapters 775-899)
Chapter 893. Drug Abuse Prevention and Control
893.13. Prohibited acts; penalties

    1. Except as authorized by this chapter and chapter 499, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance. Any person who violates this provision with respect to:
      1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
      2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
      3. A controlled substance named or described in s. 893.03(5) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
    2. Except as provided in this chapter, it is unlawful to sell or deliver in excess of 10 grams of any substance named or described in s. 893.03(1)(a) or (1)(b), or any combination thereof, or any mixture containing any such substance. Any person who violates this paragraph commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    3. Except as authorized by this chapter, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance in, on, or within 1,000 feet of the real property comprising a child care facility as defined in s. 402.302 or a public or private elementary, middle, or secondary school between the hours of 6 a.m. and 12 midnight, or at any time in, on, or within 1,000 feet of real property comprising a state, county, or municipal park, a community center, or a publicly owned recreational facility. For the purposes of this paragraph, the term "community center" means a facility operated by a nonprofit community based organization for the provision of recreational, social, or educational services to the public. Any person who violates this paragraph with respect to:
      1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The defendant must be sentenced to a minimum term of imprisonment of 3 calendar years unless the offense was committed within 1,000 feet of the real property comprising a child care facility as defined in s. 402.302.
      2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
      3. Any other controlled substance, except as lawfully sold, manufactured, or delivered, must be sentenced to pay a $500 fine and to serve 100 hours of public service in addition to any other penalty prescribed by law. This paragraph does not apply to a child care facility unless the owner or operator of the facility posts a sign that is not less than 2 square feet in size with a word legend identifying the facility as a licensed child care facility and that is posted on the property of the child care facility in a conspicuous place where the sign is reasonably visible to the public.
    4. Except as authorized by this chapter, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance in, on, or within 1,000 feet of the real property comprising a public or private college, university, or other postsecondary educational institution. Any person who violates this paragraph with respect to:
      1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
      2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
      3. Any other controlled substance, except as lawfully sold, manufactured, or delivered, must be sentenced to pay a $500 fine and to serve 100 hours of public service in addition to any other penalty prescribed by law.
    5. Except as authorized by this chapter, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance not authorized by law in, on, or within 1,000 feet of a physical place for worship at which a church or religious organization regularly conducts religious services or within 1,000 feet of a convenience business as defined in s. 812.171. Any person who violates this paragraph with respect to:
      1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
      2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
      3. Any other controlled substance, except as lawfully sold, manufactured, or delivered, must be sentenced to pay a $500 fine and to serve 100 hours of public service in addition to any other penalty prescribed by law.
    6. Except as authorized by this chapter, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance in, on, or within 1,000 feet of the real property comprising a public housing facility at any time. For purposes of this section, the term "real property comprising a public housing facility" means real property, as defined in s. 421.03(12), of a public corporation created as a housing authority pursuant to part I of chapter 421. Any person who violates this paragraph with respect to:
      1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
      2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
      3. Any other controlled substance, except as lawfully sold, manufactured, or delivered, must be sentenced to pay a $500 fine and to serve 100 hours of public service in addition to any other penalty prescribed by law.
    7. Except as authorized by this chapter, it is unlawful for any person to manufacture methamphetamine or phencyclidine, or possess any listed chemical as defined in s. 893.033 in violation of s. 893.149 and with intent to manufacture methamphetamine or phencyclidine. If any person violates this paragraph and:
      1. The commission or attempted commission of the crime occurs in a structure or conveyance where any child under 16 years of age is present, the person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In addition, the defendant must be sentenced to a minimum term of imprisonment of 5 calendar years.
      2. The commission of the crime causes any child under 16 years of age to suffer great bodily harm, the person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In addition, the defendant must be sentenced to a minimum term of imprisonment of 10 calendar years.
    8. Except as authorized by this chapter, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance in, on, or within 1,000 feet of the real property comprising an assisted living facility, as that term is used in chapter 429. Any person who violates this paragraph with respect to:
      1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
      2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    1. Except as authorized by this chapter and chapter 499, it is unlawful for any person to purchase, or possess with intent to purchase, a controlled substance. Any person who violates this provision with respect to:
      1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
      2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
      3. A controlled substance named or described in s. 893.03(5) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
    2. Except as provided in this chapter, it is unlawful to purchase in excess of 10 grams of any substance named or described in s. 893.03(1)(a) or (1)(b), or any combination thereof, or any mixture containing any such substance. Any person who violates this paragraph commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  3. Any person who delivers, without consideration, not more than 20 grams of cannabis, as defined in this chapter, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. For the purposes of this paragraph, "cannabis" does not include the resin extracted from the plants of the genus Cannabis or any compound manufacture, salt, derivative, mixture, or preparation of such resin.
  4. Except as authorized by this chapter, it is unlawful for any person 18 years of age or older to deliver any controlled substance to a person under the age of 18 years, or to use or hire a person under the age of 18 years as an agent or employee in the sale or delivery of such a substance, or to use such person to assist in avoiding detection or apprehension for a violation of this chapter. Any person who violates this provision with respect to:
    1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Imposition of sentence may not be suspended or deferred, nor shall the person so convicted be placed on probation.
  5. It is unlawful for any person to bring into this state any controlled substance unless the possession of such controlled substance is authorized by this chapter or unless such person is licensed to do so by the appropriate federal agency. Any person who violates this provision with respect to:
    1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    3. A controlled substance named or described in s. 893.03(5) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
    1. It is unlawful for any person to be in actual or constructive possession of a controlled substance unless such controlled substance was lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice or to be in actual or constructive possession of a controlled substance except as otherwise authorized by this chapter. Any person who violates this provision commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    2. If the offense is the possession of not more than 20 grams of cannabis, as defined in this chapter, the person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. For the purposes of this subsection, "cannabis" does not include the resin extracted from the plants of the genus Cannabis, or any compound manufacture, salt, derivative, mixture, or preparation of such resin. West's F.S.A. § 893.13
    3. Except as provided in this chapter, it is unlawful to possess in excess of 10 grams of any substance named or described in s. 893.03(1)(a) or (1)(b), or any combination thereof, or any mixture containing any such substance. Any person who violates this paragraph commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    4. Notwithstanding any provision to the contrary of the laws of this state relating to arrest, a law enforcement officer may arrest without warrant any person who the officer has probable cause to believe is violating the provisions of this chapter relating to possession of cannabis.
    1. It is unlawful for any person:
      1. To distribute or dispense a controlled substance in violation of this chapter.
      2. To refuse or fail to make, keep, or furnish any record, notification, order form, statement, invoice, or information required under this chapter.
      3. To refuse an entry into any premises for any inspection or to refuse to allow any inspection authorized by this chapter.
      4. To distribute a controlled substance named or described in s. 893.03(1) or (2) except pursuant to an order form as required by s. 893.06.
      5. To keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place which is resorted to by persons using controlled substances in violation of this chapter for the purpose of using these substances, or which is used for keeping or selling them in violation of this chapter.
      6. To use to his or her own personal advantage, or to reveal, any information obtained in enforcement of this chapter except in a prosecution or administrative hearing for a violation of this chapter.
      7. To possess a prescription form which has not been completed and signed by the practitioner whose name appears printed thereon, unless the person is that practitioner, is an agent or employee of that practitioner, is a pharmacist, or is a supplier of prescription forms who is authorized by that practitioner to possess those forms.
      8. To withhold information from a practitioner from whom the person seeks to obtain a controlled substance or a prescription for a controlled substance that the person making the request has received a controlled substance or a prescription for a controlled substance of like therapeutic use from another practitioner within the previous 30 days.
      9. To acquire or obtain, or attempt to acquire or obtain, possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge.
      10. To affix any false or forged label to a package or receptacle containing a controlled substance.
      11. To furnish false or fraudulent material information in, or omit any material information from, any report or other document required to be kept or filed under this chapter or any record required to be kept by this chapter.
      12. To store anhydrous ammonia in a container that is not approved by the United States Department of Transportation to hold anhydrous ammonia or is not constructed in accordance with sound engineering, agricultural, or commercial practices.
    2. Any person who violates the provisions of subparagraphs (a)1.-7. commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083; except that, upon a second or subsequent violation, the person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    3. Any person who violates the provisions of subparagraphs (a)8.-12. commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    1. Notwithstanding subsectionNotwithstanding subsection (9), a prescribing practitioner may not:
      1. Knowingly assist a patient, other person, or the owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practice of the prescribing practitioner's professional practice;
      2. Employ a trick or scheme in the practice of the prescribing practitioner's professional practice to assist a patient, other person, or the owner of an animal in obtaining a controlled substance;
      3. Knowingly write a prescription for a controlled substance for a fictitious person; or
      4. Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing such prescription is to provide a monetary benefit to, or obtain a monetary benefit for, the prescribing practitioner.
    2. If the prescribing practitioner wrote a prescription or multiple prescriptions for a controlled substance for the patient, other person, or animal for which there was no medical necessity, or which was in excess of what was medically necessary to treat the patient, other person, or animal, that fact does not give rise to any presumption that the prescribing practitioner violated subparagraph (a)1., but may be considered with other competent evidence in determining whether the prescribing practitioner knowingly assisted a patient, other person, or the owner of an animal to obtain a controlled substance in violation of subparagraph (a)1.
    3. A person who violates paragraph (a) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    4. Notwithstanding paragraph (c), if a prescribing practitioner has violated paragraph (a) and received $1,000 or more in payment for writing one or more prescriptions or, in the case of a prescription written for a controlled substance described in s. 893.135, has written one or more prescriptions for a quantity of a controlled substance which, individually or in the aggregate, meets the threshold for the offense of trafficking in a controlled substance under s. 893.15, the violation is reclassified as a felony of the second degree and ranked in level 4 of the Criminal Punishment Code.
  9. The provisions of subsections (1)-(8) are not applicable to the delivery to, or actual or constructive possession for medical or scientific use or purpose only of controlled substances by, persons included in any of the following classes, or the agents or employees of such persons, for use in the usual course of their business or profession or in the performance of their official duties:
    1. Pharmacists. West's F.S.A. § 893.13
    2. Practitioners.
    3. Persons who procure controlled substances in good faith and in the course of professional practice only, by or under the supervision of pharmacists or practitioners employed by them, or for the purpose of lawful research, teaching, or testing, and not for resale.
    4. Hospitals that procure controlled substances for lawful administration by practitioners, but only for use by or in the particular hospital.
    5. Officers or employees of state, federal, or local governments acting in their official capacity only, or informers acting under their jurisdiction.
    6. Common carriers.
    7. Manufacturers, wholesalers, and distributors.
    8. Law enforcement officers for bona fide law enforcement purposes in the course of an active criminal investigation.
  10. Notwithstanding any provision of the sentencing guidelines or the Criminal Punishment Code to the contrary, on or after October 1, 1993, any defendant who:
    1. Violates subparagraph (1)(a)1., subparagraph (1)(c)2., subparagraph (1)(d)2., subparagraph (2)(a)1., or paragraph (5)(a); and
    2. Has not previously been convicted, regardless of whether adjudication was withheld, of any felony, other than a violation of subparagraph (1)(a)1., subparagraph (1)(c)2., subparagraph (1)(d)2., subparagraph (2)(a)1. , or paragraph (5)(a), may be required by the court to successfully complete a term of probation pursuant to the terms and conditions set forth in s. 948.034(1), in lieu of serving a term of imprisonment.
  11. Notwithstanding any provision of the sentencing guidelines or the Criminal Punishment Code to the contrary, on or after January 1, 1994, any defendant who:
    1. Violates subparagraph (1)(a)2., subparagraph (2)(a)2., paragraph (5)(b), or paragraph (6)(a); and
    2. Has not previously been convicted, regardless of whether adjudication was withheld, of any felony, other than a violation of subparagraph (1)(a)2., subparagraph (2)(a)2., paragraph (5)(b), or paragraph (6)(a), may be required by the court to successfully complete a term of probation pursuant to the terms and conditions set forth in s. 948.034(2), in lieu of serving a term of imprisonment.
  12. If a person violates any provision of this chapter and the violation results in a serious injury to a state or local law enforcement officer as defined in s. 943.10, firefighter as defined in s. 633.30, emergency medical technician as defined in s. 401.23, paramedic as defined in s. 401.23, employee of a public utility or an electric utility as defined in s. 366.02, animal control officer as defined in s. 828.27, volunteer firefighter engaged by state or local government, law enforcement officer employed by the Federal Government, or any other local, state, or Federal Government employee injured during the course and scope of his or her employment, the person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the injury sustained results in death or great bodily harm, the person commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

CREDIT(S)
Laws 1973, c. 73-331, § 13; Laws 1976, c. 76-200, § 1; Laws 1977, c. 77-174, § 1; Laws 1979, c. 79-1, § 2; Laws 1979, c. 79-325, § 3; Laws 1980, c. 80-30, § 5; Laws 1980, c. 80-70, § 2; Laws 1981, c. 81-259, § 490; Laws 1982, c. 82-16, § 2; Laws 1983, c. 83-215, § 52; Laws 1984, c. 84-77, § 1; Laws 1985, c. 85-242, § 5; Laws 1987, c. 87-243, § 4; Laws 1988, c. 88-381, § 2; Laws 1989, c. 89-281, § 4; Laws 1989, c. 89-524, § 1; Laws 1990, c. 90-111, §§ 1, 6; Laws 1993, c. 93-59, § 1; Laws 1993, c. 93-92, § 2; Laws 1993, c. 93-194, § 1; Laws 1993, c. 93-406, §§ 22, 23. Amended by Laws 1996, c. 96-360, § 2, eff. Oct. 1, 1996; Laws 1997, c. 97-1, § 2, eff. March 20, 1997; Laws 1997, c. 97-43, § 1, eff. Oct. 1, 1997; Laws 1997, c. 97-102, § 1827, eff. July 1, 1997; Laws 1997, c. 97-194, § 22, eff. Oct. 1, 1998; Laws 1997, c. 97-264, § 106, eff. July 1, 1997; Laws 1997, c. 97-269, § 1, eff. Oct. 1, 1997; Laws 1997, c. 97-271, § 47, eff. July 1, 1997; Laws 1998, c. 98-22, § 1, eff. Oct. 1, 1998; Laws 1999, c. 99-154, § 1, eff. June 29, 1999; Laws 1999, c. 99-186, § 14, eff. July 1, 1999; Laws 2000, c. 2000-320, § 3, eff. Oct. 1, 2000; Laws 2002, c. 2002-78, § 11, eff. July 1, 2002; Laws 2002, c. 2002-81 § 2, eff. July 1, 2002; Laws 2003, c. 2003-10, § 3, eff. May 2, 2003; Laws 2003, c. 2003-95, § 1, eff. July 1, 2003; Laws 2005, c. 2005-128, § 2, eff. July 1, 2005; Laws 2006, c. 2006-197, § 108, eff. July 1, 2006; Laws 2006, c. 2006-306, § 2, eff. July 1, 2006. Current with chapters in effect from the 2008 Second Regular Session of the Twentieth Legislature through March 14, 2008.

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Florida Drug Paraphernalia

Effective: July 1, 2000
Title XLVI. Crimes (Chapters 775-899)
Chapter 893. Drug Abuse Prevention and Control
893.147. Use, possession, manufacture, delivery, transportation, or advertisement of drug paraphernalia

  1. Use or possession of drug paraphernalia.--It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia:
    1. To plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter; or
    2. To inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter. Any person who violates this subsection is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
  2. Manufacture or delivery of drug paraphernalia.--It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used:
    1. To plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this act; or
    2. To inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this act. Any person who violates this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  3. Delivery of drug paraphernalia to a minor.--
    1. Any person 18 years of age or over who violates subsection (2) by delivering drug paraphernalia to a person under 18 years of age is guilty of a felony of the second degree, punishable as provided in s. 75.082, s. 775.083, or s. 775.084.
    2. It is unlawful for any person to sell or otherwise deliver hypodermic syringes, needles, or other objects which may be used, are intended for use, or are designed for use in parenterally injecting substances into the human body to any person under 18 years of age, except that hypodermic syringes, needles, or other such objects may be lawfully dispensed to a person under 18 years of age by a licensed practitioner, parent, or legal guardian West's F.S.A. § 893.147 or by a pharmacist pursuant to a valid prescription for same. Any person who violates the provisions of this paragraph is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
  4. Transportation of drug paraphernalia.--It is unlawful to use, possess with the intent to use, or manufacture with the intent to use drug paraphernalia, knowing or under circumstances in which one reasonably should know that it will be used to transport:
    1. A controlled substance in violation of this chapter; or
    2. Contraband as defined in s. 932.701(2)(a) 1. Any person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  5. Advertisement of drug paraphernalia.--It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this subsection is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

CREDIT(S)
Laws 1980, c. 80-30, § 3; Laws 1981, c. 81-149, § 1; Laws 1983, c. 83-215, § 54; Laws 1985, c. 85-8, § 1; Laws 1991, c. 91-224, § 223. Amended by Laws 2000, c. 2000-360, § 16, eff. July 1, 2000.
Current with chapters in effect from the 2008 Second Regular Session of the Twentieth Legislature through March 14, 2008.

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Florida Drug Racketeering Definitions

Effective: July 1, 2007
Title XLVI. Crimes (Chapters 775-899)
Chapter 895. Offenses Concerning Racketeering and Illegal Debts (Refs & Annos)
895.02. Definitions
As used in ss. 895.01-895.08, the term:

  1. "Racketeering activity" means to commit, to attempt to commit, to conspire to commit, or to solicit, coerce, or intimidate another person to commit:
    1. Any crime that is chargeable by indictment or information under the following provisions of the Florida Statutes:
      1. Section 210.18, relating to evasion of payment of cigarette taxes.
      2. Section 403.727(3)(b), relating to environmental control.
      3. Section 409.920 or s. 409.9201, relating to Medicaid fraud.
      4. Section 414.39, relating to public assistance fraud.
      5. Section 440.105 or s. 440.106, relating to workers' compensation.
      6. Section 443.071(4), relating to creation of a fictitious employer scheme to commit unemployment compensation fraud.
      7. Section 465.0161, relating to distribution of medicinal drugs without a permit as an Internet pharmacy.
      8. Sections 499.0051, 499.0052, 499.00535, 499.00545, and 499.0691, relating to crimes involving contraband and adulterated drugs.
      9. Part IV of chapter 501, relating to telemarketing.
      10. Chapter 517, relating to sale of securities and investor protection.
      11. Section 550.235, s. 550.3551, or s. 550.3605, relating to dogracing and horseracing.
      12. Chapter 550, relating to jai alai frontons.
      13. Section 551.109, relating to slot machine gaming.
      14. Chapter 552, relating to the manufacture, distribution, and use of explosives.
      15. Chapter 560, relating to money transmitters, if the violation is punishable as a felony.
      16. Chapter 562, relating to beverage law enforcement.
      17. Section 624.401, relating to transacting insurance without a certificate of authority, s. 624.437(4)(c)1., relating to operating an unauthorized multiple-employer welfare arrangement, or s. 626.902(1)(b), relating to representing or aiding an unauthorized insurer.
      18. Section 655.50, relating to reports of currency transactions, when such violation is punishable as a felony.
      19. Chapter 687, relating to interest and usurious practices.
      20. Section 721.08, s. 721.09, or s. 721.13, relating to real estate timeshare plans.
      21. Chapter 782, relating to homicide.
      22. Chapter 784, relating to assault and battery.
      23. Chapter 787, relating to kidnapping or human trafficking.
      24. Chapter 790, relating to weapons and firearms.
      25. Section 796.03, s. 796.035, s. 796.04, s. 796.045, s. 796.05, or s. 796.07, relating to prostitution and sex trafficking.
      26. Chapter 806, relating to arson.
      27. Section 810.02(2)(c), relating to specified burglary of a dwelling or structure.
      28. Chapter 812, relating to theft, robbery, and related crimes.
      29. Chapter 815, relating to computer-related crimes.
      30. Chapter 817, relating to fraudulent practices, false pretenses, fraud generally, and credit card crimes.
      31. Chapter 825, relating to abuse, neglect, or exploitation of an elderly person or disabled adult.
      32. Section 827.071, relating to commercial sexual exploitation of children.
      33. Chapter 831, relating to forgery and counterfeiting.
      34. Chapter 832, relating to issuance of worthless checks and drafts.
      35. Section 836.05, relating to extortion.
      36. Chapter 837, relating to perjury.
      37. Chapter 838, relating to bribery and misuse of public office.
      38. Chapter 843, relating to obstruction of justice.
      39. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or s. 847.07, relating to obscene literature and profanity.
      40. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. 849.25, relating to gambling.
      41. Chapter 874, relating to criminal street gangs.
      42. Chapter 893, relating to drug abuse prevention and control.
      43. Chapter 896, relating to offenses related to financial transactions.
      44. Sections 914.22 and 914.23, relating to tampering with a witness, victim, or informant, and retaliation against a witness, victim, or informant.
      45. Sections 918.12 and 918.13, relating to tampering with jurors and evidence.
    2. Any conduct defined as "racketeering activity" under 18 U.S.C. s. 1961(1).
  2. "Unlawful debt" means any money or other thing of value constituting principal or interest of a debt that is legally unenforceable in this state in whole or in part because the debt was incurred or contracted:
    1. In violation of any one of the following provisions of law:
      1. Section 550.235, s. 550.3551, or s. 550.3605, relating to dogracing and horseracing.
      2. Chapter 550, relating to jai alai frontons.
      3. Section 551.109, relating to slot machine gaming.
      4. Chapter 687, relating to interest and usury.
      5. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. 849.25, relating to gambling.
    2. In gambling activity in violation of federal law or in the business of lending money at a rate usurious under state or federal law.
  3. "Enterprise" means any individual, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this state, or other legal entity, or any unchartered union, association, or group of individuals associated in fact although not a legal entity; and it includes illicit as well as licit enterprises and governmental, as well as other, entities. A criminal street gang, as defined in s. 874.03, constitutes an enterprise.
  4. "Pattern of racketeering activity" means engaging in at least two incidents of racketeering conduct that have the same or similar intents, results, accomplices, victims, or methods of commission or that otherwise are interrelated by distinguishing characteristics and are not isolated incidents, provided at least one of such incidents occurred after the effective date of this act and that the last of such incidents occurred within 5 years after a prior incident of racketeering conduct.
  5. "Documentary material" means any book, paper, document, writing, drawing, graph, chart, photograph, phonorecord, magnetic tape, computer printout, other data compilation from which information can be ob- West's F.S.A. § 895.02 tained or from which information can be translated into usable form, or other tangible item.
  6. "RICO lien notice" means the notice described in s. 895.05(12) or in s. 895.07.
  7. "Investigative agency" means the Department of Legal Affairs, the Office of Statewide Prosecution, or the office of a state attorney.
  8. "Beneficial interest" means any of the following:
    1. The interest of a person as a beneficiary under a trust established pursuant to s. 689.07 or s. 689.071 in which the trustee for the trust holds legal or record title to real property;
    2. The interest of a person as a beneficiary under any other trust arrangement pursuant to which a trustee holds legal or record title to real property for the benefit of such person; or
    3. The interest of a person under any other form of express fiduciary arrangement pursuant to which any other person holds legal or record title to real property for the benefit of such person. The term "beneficial interest" does not include the interest of a stockholder in a corporation or the interest of a partner in either a general partnership or a limited partnership. A beneficial interest shall be deemed to be located where the real property owned by the trustee is located.
  9. "Real property" means any real property or any interest in such real property, including, but not limited to, any lease of or mortgage upon such real property.
  10. "Trustee" means any of the following:
    1. Any person acting as trustee pursuant to a trust established under s. 689.07 or s. 689.071 in which the trustee holds legal or record title to real property.
    2. Any person who holds legal or record title to real property in which any other person has a beneficial interest.
    3. Any successor trustee or trustees to any or all of the foregoing persons. However, the term "trustee" does not include any person appointed or acting as a personal representative as defined in s. 731.201(27) or appointed or acting as a trustee of any testamentary trust or as a trustee of any indenture of trust under which any bonds have been or are to be issued.
  11. "Criminal proceeding" means any criminal proceeding commenced by an investigative agency under s. 895.03 or any other provision of the Florida RICO Act.
  12. "Civil proceeding" means any civil proceeding commenced by an investigative agency under s. 895.05 or any other provision of the Florida RICO Act.

CREDIT(S)
Laws 1977, c. 77-334, § 2; Laws 1979, c. 79-218, § 3; Laws 1979, c. 79-400, § 300; Fla.St.1979, § 943.461; Laws 1981, c. 81-141, § 1; Laws 1983, c. 83-65, § 1; Laws 1983, c. 83-264, § 25; Laws 1984, c. 84-9, § 2; Laws West's F.S.A. § 895.02 1986, c. 86-277, § 5; Laws 1987, c. 87-139, § 1; Laws 1989, c. 89-143, § 5; Laws 1990, c. 90-246, § 2; Laws 1990, c. 90-301, § 3; Laws 1991, c. 91-33, § 13; Laws 1991, c. 91-282, § 72; Laws 1992, c. 92-125, § 4; Laws 1992, c. 92-281, § 4; Laws 1992, c. 92-348, § 65; Laws 1993, c. 93-227, § 2; Laws 1993, c. 93-415, § 106; Laws 1994, c. 94-209, § 78. Amended by Laws 1995, c. 95-211, § 91, eff. July 10, 1995; Laws 1995, c. 95-340, § 9, eff. July 1, 1995; Laws 1996, c. 96-175, § 107; Laws 1996, c. 96-252, § 7, eff. Oct. 1, 1996; Laws 1996, c. 96-260, § 5, eff. Oct. 1, 1996; Laws 1996, c. 96-280, § 4, eff. Oct. 1, 1996; Laws 1996, c. 96-387, § 7, eff. July 1, 1996; Laws 1996, c. 96-388, § 43, eff. Oct. 1, 1996; Laws 1997, c. 97-78, § 2, eff. May 23, 1997; Laws 1999, c. 99-335, § 2, eff. July 1, 1999; Laws 2000, c. 2000-360, § 17, eff. July 1, 2000; Laws 2003, c. 2003-155, § 31, eff. July 1, 2003; Laws 2004, c. 2004-5, § 161, eff. June 29, 2004; Laws 2004, c. 2004-344, § 13, eff. July 1, 2004; Laws 2004, c. 2004-387, § 11, eff. July 1, 2004; Laws 2004, c. 2004-391, § 5, eff. Oct. 1, 2004; Laws 2005, c. 2005-2, § 143, eff. July 5, 2005; Laws 2005, c. 2005-209, § 8, eff. July 1, 2005; Laws 2005, c. 2005-228, § 13, eff. Oct. 1, 2005; Laws 2005, c. 2005-362, § 3, eff. Jan. 4, 2006; Laws 2006, c. 2006-168, § 4, eff. Oct. 1, 2006; Laws 2007, c. 2007-74, § 17, eff. July 1, 2007.
Current with chapters in effect from the 2008 Second Regular Session of the Twentieth Legislature through March 14, 2008.

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Florida Drug Racketeering Prohibited Acts

Effective:[See Text Amendments]
Title XLVI. Crimes (Chapters 775-899)
Chapter 895. Offenses Concerning Racketeering and Illegal Debts
895.03. Prohibited activities and defense

  1. It is unlawful for any person who has with criminal intent received any proceeds derived, directly or indirectly, from a pattern of racketeering activity or through the collection of an unlawful debt to use or invest, whether directly or indirectly, any part of such proceeds, or the proceeds derived from the investment or use thereof, in the acquisition of any title to, or any right, interest, or equity in, real property or in the establishment or operation of any enterprise.
  2. It is unlawful for any person, through a pattern of racketeering activity or through the collection of an unlawful debt, to acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real property.
  3. It is unlawful for any person employed by, or associated with, any enterprise to conduct or participate, directly or indirectly, in such enterprise through a pattern of racketeering activity or the collection of an unlawful debt.
  4. It is unlawful for any person to conspire or endeavor to violate any of the provisions of subsection (1), subsection (2), or subsection (3).

CREDIT(S) Laws 1977, c. 77-334, § 3; Fla.St.1979, § 943.462. Current with chapters in effect from the 2008 Second Regular Session of the Twentieth Legislature through March 14, 2008.

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Florida Drug Trafficking

Effective: July 1, 2005
Title XLVI. Crimes (Chapters 775-899)
Chapter 893. Drug Abuse Prevention and Control (Refs & Annos)
893.135. Trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to
engage in trafficking

  1. Except as authorized in this chapter or in chapter 499 and notwithstanding the provisions of s. 893.13:
    1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, in excess of 25 pounds of cannabis, or 300 or more cannabis plants, commits a felony of the first degree, which felony shall be known as "trafficking in cannabis," punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity of cannabis involved:
      1. Is in excess of 25 pounds, but less than 2,000 pounds, or is 300 or more cannabis plants, but not more than 2,000 cannabis plants, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $25,000.
      2. Is 2,000 pounds or more, but less than 10,000 pounds, or is 2,000 or more cannabis plants, but not more than 10,000 cannabis plants, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $50,000.
      3. Is 10,000 pounds or more, or is 10,000 or more cannabis plants, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $200,000.For the purpose of this paragraph, a plant, including, but not limited to, a seedling or cutting, is a "cannabis plant" if it has some readily observable evidence of root formation, such as root hairs. To determine if a piece or part of a cannabis plant severed from the cannabis plant is itself a cannabis plant, the severed piece or part must have some readily observable evidence of root formation, such as root hairs. Callous tissue is not readily observable evidence of root formation. The viability and sex of a plant and the fact that the plant may or may not be a dead harvested plant are not relevant in determining if the plant is a "cannabis plant" or in the charging of an offense under this paragraph. Upon conviction, the court shall impose the longest term of imprisonment provided for in this paragraph.
      1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine, as described in s. 893.03(2)(a)4., or of any mixture containing cocaine, but less than 150 kilograms of cocaine or any such mixture, commits a felony of the first degree, which felony shall be known as "trafficking in cocaine," punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
        1. Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
        2. Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
        3. Is 400 grams or more, but less than 150 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.
      2. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 150 kilograms or more of cocaine, as described in s. 893.03(2)(a)4., commits the first degree felony of trafficking in cocaine. A person who has been convicted of the first degree felony of trafficking in cocaine under this subparagraph shall be punished by life imprisonment and is ineligible for any form of discretionary early release except pardon or executive clemency or conditional medical release under s. 947.149. However, if the court determines that, in addition to committing any act specified in this paragraph:
        1. The person intentionally killed an individual or counseled, commanded, induced, procured, or caused the intentional killing of an individual and such killing was the result; or
        2. The person's conduct in committing that act led to a natural, though not inevitable, lethal result,such person commits the capital felony of trafficking in cocaine, punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
      3. Any person who knowingly brings into this state 300 kilograms or more of cocaine, as described in s. 893.03(2)(a)4., and who knows that the probable result of such importation would be the death of any person, commits capital importation of cocaine, a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
      1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of any morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more of any mixture containing any such substance, but less than 30 kilograms of such substance or mixture, commits a felony of the first degree, which felony shall be known as "trafficking in illegal drugs," punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
        1. Is 4 grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
        2. Is 14 grams or more, but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years, and the defendant shall be ordered to pay a fine of $100,000.
        3. Is 28 grams or more, but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and pay a fine of $500,000.
      2. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 30 kilograms or more of any morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or more of any mixture containing any such substance, commits the first degree felony of trafficking in illegal drugs. A person who has been convicted of the first degree felony of trafficking in illegal drugs under this subparagraph shall be punished by life imprisonment and is ineligible for any form of discretionary early release except pardon or executive clemency or conditional medical release under s. 947.149. However, if the court determines that, in addition to committing any act specified in this paragraph:
        1. The person intentionally killed an individual or counseled, commanded, induced, procured, or caused the intentional killing of an individual and such killing was the result; or b. The person's conduct in committing that act led to a natural, though not inevitable, lethal result, such person commits the capital felony of trafficking in illegal drugs, punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
      3. Any person who knowingly brings into this state 60 kilograms or more of any morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or more of any mixture containing any such substance, and who knows that the probable result of such importation would be the death of any person, commits capital importation of illegal drugs, a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
      1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of phencyclidine or of any mixture containing phencyclidine, as described in s. 893.03(2)(b), commits a felony of the first degree, which felony shall be known as "trafficking in phencyclidine," punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
        1. Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
        2. Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
        3. Is 400 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.
      2. Any person who knowingly brings into this state 800 grams or more of phencyclidine or of any mixture containing phencyclidine, as described in s. 893.03(2)(b), and who knows that the probable result of such importation would be the death of any person commits capital importation of phencyclidine, a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
      1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 200 grams or more of methaqualone or of any mixture containing methaqualone, as described in s. 893.03(1)(d), commits a felony of the first degree, which felony shall be known as "trafficking in methaqualone," punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
        1. Is 200 grams or more, but less than 5 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
        2. Is 5 kilograms or more, but less than 25 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
        3. Is 25 kilograms or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.
      2. Any person who knowingly brings into this state 50 kilograms or more of methaqualone or of any mixture containing methaqualone, as described in s. 893.03(1)(d), and who knows that the probable result of such importation would be the death of any person commits capital importation of methaqualone, a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
      1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 14 grams or more of amphetamine, as described in s. 893.03(2)(c)2., or methamphetamine, as described in s. 893.03(2)(c)4., or of any mixture containing amphetamine or methamphetamine, or phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine in conjunction with other chemicals and equipment utilized in the manufacture of amphetamine or methamphetamine, commits a felony of the first degree, which felony shall be known as "trafficking in amphetamine," punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
        1. Is 14 grams or more, but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
        2. Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
        3. Is 200 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.
      2. Any person who knowingly manufactures or brings into this state 400 grams or more of amphetamine, as described in s. 893.03(2)(c)2., or methamphetamine, as described in s. 893.03(2)(c)4., or of any mixture containing amphetamine or methamphetamine, or phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine in conjunction with other chemicals and equipment used in the manufacture of amphetamine or methamphetamine, and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of amphetamine, a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
      1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who knowingly is in actual or constructive possession of, 4 grams or more of flunitrazepam or any mixture containing flunitrazepam as described in s. 893.03(1)(a) commits a felony of the first degree, which felony shall be known as "trafficking in flunitrazepam," punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
        1. Is 4 grams or more but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
        2. Is 14 grams or more but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
        3. Is 28 grams or more but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and pay a fine of $500,000.
      2. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state or who is knowingly in actual or constructive possession of 30 kilograms or more of flunitrazepam or any mixture containing flunitrazepam as described in s. 893.03(1)(a) commits the first degree felony of trafficking in flunitrazepam. A person who has been convicted of the first degree felony of trafficking in flunitrazepam under this subparagraph shall be punished by life imprisonment and is ineligible for any form of discretionary early release except pardon or executive clemency or conditional medical release under s. 947.149. However, if the court determines that, in addition to committing any act specified in this paragraph: a. The person intentionally killed an individual or counseled, commanded, induced, procured, or
        1. The person intentionally killed an individual or counseled, commanded, induced, procured, or caused the intentional killing of an individual and such killing was the result; or
        2. The person's conduct in committing that act led to a natural, though not inevitable, lethal result, such person commits the capital felony of trafficking in flunitrazepam, punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
      1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 1 kilogram or more of gamma-hydroxybutyric acid (GHB), as described in s. 893.03(1)(d), or any mixture containing gamma-hydroxybutyric acid (GHB), commits a felony of the first degree, which felony shall be known as "trafficking in gamma-hydroxybutyric acid (GHB)," punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
        1. Is 1 kilogram or more but less than 5 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
        2. Is 5 kilograms or more but less than 10 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
        3. Is 10 kilograms or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.
      2. Any person who knowingly manufactures or brings into this state 150 kilograms or more of gammahydroxybutyric acid (GHB), as described in s. 893.03(1)(d), or any mixture containing gamma-hydroxybutyric acid (GHB), and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of gamma-hydroxybutyric acid (GHB), a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
        1. Is 1 kilogram or more but less than 5 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
        2. Is 5 kilograms or more but less than 10 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
        3. Is 10 kilograms or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.
      2. Any person who knowingly manufactures or brings into the state 150 kilograms or more of gamma-butyrolactone (GBL), as described in s. 893.03(1)(d), or any mixture containing gamma-butyrolactone (GBL), and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of gamma-butyrolactone (GBL), a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
      1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 1 kilogram or more of 1,4-Butanediol as described in s. 893.03(1)(d), or of any mixture containing 1,4-Butanediol, commits a felony of the first degree, which felony shall be known as "trafficking in 1,4-Butanediol," punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
        1. Is 1 kilogram or more, but less than 5 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
        2. Is 5 kilograms or more, but less than 10 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
        3. Is 10 kilograms or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $500,000.
      2. Any person who knowingly manufactures or brings into this state 150 kilograms or more of 1,4-Butanediol as described in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol, and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of 1,4-Butanediol, a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
      1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 10 grams or more of any of the following substances described in s. 893.03(1)(a) or (c):
        1. 3,4-Methylenedioxymethamphetamine (MDMA);
        2. 4-Bromo-2,5-dimethoxyamphetamine;
        3. 4-Bromo-2,5-dimethoxyphenethylamine;
        4. 2,5-Dimethoxyamphetamine;
        5. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
        6. N-ethylamphetamine;
        7. N-Hydroxy-3,4-methylenedioxyamphetamine;
        8. 5-Methoxy-3,4-methylenedioxyamphetamine;
        9. 4-methoxyamphetamine;
        10. 4-methoxymethamphetamine;
        11. 4-Methyl-2,5-dimethoxyamphetamine;
        12. 3,4-Methylenedioxy-N-ethylamphetamine;
        13. 3,4-Methylenedioxyamphetamine;
        14. N,N-dimethylamphetamine; or
        15. 3,4,5-Trimethoxyamphetamine, individually or in any combination of or any mixture containing any substance listed in sub-subparagraphs a.-o., commits a felony of the first degree, which felony shall be known as "trafficking in Phenethylamines," punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
      2. If the quantity involved:
        1. Is 10 grams or more but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
        2. Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
        3. Is 400 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.
      3. Any person who knowingly manufactures or brings into this state 30 kilograms or more of any of the following substances described in s. 893.03(1)(a) or (c):
        1. 3,4-Methylenedioxymethamphetamine (MDMA);
        2. 4-Bromo-2,5-dimethoxyamphetamine;
        3. 4-Bromo-2,5-dimethoxyphenethylamine;
        4. 2,5-Dimethoxyamphetamine;
        5. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
        6. N-ethylamphetamine;
        7. N-Hydroxy-3,4-methylenedioxyamphetamine;
        8. 5-Methoxy-3,4-methylenedioxyamphetamine;
        9. 4-methoxyamphetamine;
        10. 4-methoxymethamphetamine;
        11. 4-Methyl-2,5-dimethoxyamphetamine;
        12. 3,4-Methylenedioxy-N-ethylamphetamine;
        13. 3,4-Methylenedioxyamphetamine;
        14. N,N-dimethylamphetamine; or
        15. 3,4,5-Trimethoxyamphetamine, individually or in any combination of or any mixture containing any substance listed in sub-subparagraphs a.-o., and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of Phenethylamines, a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
      1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 1 gram or more of lysergic acid diethylamide (LSD) as described in s. 893.03(1)(c), or of any mixture containing lysergic acid diethylamide (LSD), commits a felony of the first degree, which felony shall be known as "trafficking in lysergic acid diethylamide (LSD)," punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
        1. Is 1 gram or more, but less than 5 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
        2. Is 5 grams or more, but less than 7 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
        3. Is 7 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $500,000.
      2. Any person who knowingly manufactures or brings into this state 7 grams or more of lysergic acid diethylamide (LSD) as described in s. 893.03(1)(c), or any mixture containing lysergic acid diethylamide (LSD), an d who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of lysergic acid diethylamide (LSD), a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
  2. A person acts knowingly under subsection (1) if that person intends to sell, purchase, manufacture, deliver, or bring into this state, or to actually or constructively possess, any of the controlled substances listed in subsection (1), regardless of which controlled substance listed in subsection (1) is in fact sold, purchased, manufactured, delivered, or brought into this state, or actually or constructively possessed.
  3. Notwithstanding the provisions of s. 948.01, with respect to any person who is found to have violated this section, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, nor shall such person be eligible for parole prior to serving the mandatory minimum term of imprisonment prescribed by this section. A person sentenced to a mandatory minimum term of imprisonment under this section is not eligible for any form of discretionary early release, except pardon or executive clemency or conditional medical release under s. 947.149, prior to serving the mandatory minimum term of imprisonment.
  4. The state attorney may move the sentencing court to reduce or suspend the sentence of any person who is convicted of a violation of this section and who provides substantial assistance in the identification, arrest, or conviction of any of that person's accomplices, accessories, coconspirators, or principals or of any other person engaged in trafficking in controlled substances. The arresting agency shall be given an opportunity to be heard in aggravation or mitigation in reference to any such motion. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may reduce or suspend the sentence if the judge finds that the defendant rendered such substantial assistance.
  5. Any person who agrees, conspires, combines, or confederates with another person to commit any act prohibited by subsection (1) commits a felony of the first degree and is punishable as if he or she had actually committed such prohibited act. Nothing in this subsection shall be construed to prohibit separate convictions and sentences for a violation of this subsection and any violation of subsection (1).
  6. A mixture, as defined in s. 893.02(14), containing any controlled substance described in this section includes, but is not limited to, a solution or a dosage unit, including but not limited to, a pill or tablet, containing a controlled substance. For the purpose of clarifying legislative intent regarding the weighing of a mixture containing a controlled substance described in this section, the weight of the controlled substance is the total weight of the mixture, including the controlled substance and any other substance in the mixture. If there is more than one mixture containing the same controlled substance, the weight of the controlled substance is calculated by aggregating the total weight of each mixture.
  7. For the purpose of further clarifying legislative intent, the Legislature finds that the opinion in Hayes v. State, 750 So. 2d 1 (Fla. 1999) does not correctly construe legislative intent. The Legislature finds that the opinions in State v. Hayes, 720 So. 2d 1095 (Fla. 4th DCA 1998) and State v. Baxley, 684 So. 2d 831 (Fla. 5th DCA 1996) correctly construe legislative intent.

    8. CREDIT(S)
    Laws 1979, c. 79-1, § 1; Laws 1980, c. 80-70, § 1; Laws 1980, c. 80-353, § 2; Laws 1981, c. 81-259, § 491; Laws 1982, c. 82-2, § 1; Laws 1982, c. 82-16, § 3; Laws 1983, c. 83-215, § 53; Laws 1987, c. 87-243, § 5; Laws 1989, c. 89-281, §§ 1, 4; Laws 1990, c. 90-112, § 1; Laws 1993, c. 93-92, § 3; Laws 1993, c. 93-406, § 24. Amended by Laws 1995, c. 95-184, § 15, eff. June 8, 1995; Laws 1995, c. 95-415, § 5, eff. July 1, 1995; Laws 1996, c. 96-388, § 54, eff. July 1, 1996; Laws 1997, c. 97-1, § 3, eff. March 20, 1997; Laws 1997, c. 97-102, § 1828, eff. July 1, 1997; Laws 1997, c. 97-194, § 23, eff. Oct. 1, 1998; Laws 1999, c. 99-188, § 9, eff. July 1, 1999; Laws 2000, c. 2000-320, § 4, eff. Oct. 1, 2000; Laws 2001, c. 2001-55, § 2, eff. July 1, 2001; Laws 2001, c. 2001-57, § 7, eff. July 1, 2001; Laws 2002, c. 2002-212, § 1, eff. April 29, 2002; Laws 2002, c. 2002-212, §§ 2, 3; Laws 2003, c. 2003-10, § 4, eff. May 2, 2003; Laws 2005, c. 2005-128, § 3, eff. July 1, 2005. Current with chapters in effect from the 2008 Second Regular Session of the Twentieth Legislature through March 14, 2008.



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Florida Entrapment

Title XLVI. Crimes (Chapters 775-899)
Chapter 777. Principal; Accessory; Attempt; Solicitation; Conspiracy (Refs & Annos)
777.201. Entrapment

  1. A law enforcement officer, a person engaged in cooperation with a law enforcement officer, or a person acting as an agent of a law enforcement officer perpetrates an entrapment if, for the purpose of obtaining evidence of the commission of a crime, he or she induces or encourages and, as a direct result, causes another person to engage in conduct constituting such crime by employing methods of persuasion or inducement which create a substantial risk that such crime will be committed by a person other than one who is ready to commit it.
  2. A person prosecuted for a crime shall be acquitted if the person proves by a preponderance of the evide nce that his or her criminal conduct occurred as a result of an entrapment. The issue of entrapment shall be tried by the trier of fact.

CREDIT(S)
Laws 1987, c. 87-243, § 42. Amended by Laws 1997, c. 97-102, § 1196, eff. July 1, 1997.
Current with chapters in effect from the 2008 Second Regular Session of the Twentieth Legislature through
March 14, 2008.

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Florida Money Laundering Statute

Effective: October 1, 2006
Title XLVI. Crimes (Chapters 775-899)
Chapter 896. Offenses Related to Financial Transactions
896.101. Florida Money Laundering Act; definitions; penalties; injunctions; seizure warrants;
immunity

  1. This section may be cited as the "Florida Money Laundering Act."
  2. As used in this section, the term:
    1. "Knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity" means that the person knew the property involved in the transaction represented proceeds from some form, though not necessarily which form, of activity that constitutes a felony under state or federal law, regardless of whether or not such activity is specified in paragraph (g).
    2. "Conducts" includes initiating, concluding, or participating in initiating or concluding a transaction.
    3. "Transaction" means a purchase, sale, loan, pledge, gift, transfer, delivery, or other disposition, and with respect to a financial institution includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit, or other monetary instrument, use of a safety deposit box, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected.
    4. "Financial transaction" means a transaction involving the movement of funds by wire or other means or involving one or more monetary instruments, which in any way or degree affects commerce, or a transaction involving the transfer of title to any real property, vehicle, vessel, or aircraft, or a transaction involving the use of a financial institution which is engaged in, or the activities of which affect, commerce in any way or degree.
    5. "Monetary instruments" means coin or currency of the United States or of any other country, travelers' checks, personal checks, bank checks, money orders, investment securities in bearer form or otherwise in such form that title thereto passes upon delivery, and negotiable instruments in bearer form or otherwise in such form that title thereto passes upon delivery.
    6. "Financial institution" means a financial institution as defined in 31 U.S.C. s. 5312 which institution is located in this state.
    7. "Specified unlawful activity" means any "racketeering activity" as defined in s. 895.02.
    8. "Knowing" means that a person knew; or, with respect to any transaction or transportation involving more than $10,000 in U.S. currency or foreign equivalent, should have known after reasonable inquiry, unless the person has a duty to file a federal currency transaction report, IRS Form 8300, or a like report under state law and has complied with that reporting requirement in accordance with law.
    9. "Petitioner" means any local, county, state, or federal law enforcement agency; the Attorney General; any state attorney; or the statewide prosecutor.
  3. It is unlawful for a person:
    1. Knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, to conduct or attempt to conduct such a financial transaction which in fact involves the proceeds of specified unlawful activity:
      1. With the intent to promote the carrying on of specified unlawful activity; or
      2. Knowing that the transaction is designed in whole or in part:
        1. To conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or
        2. To avoid a transaction reporting requirement or money transmitters' registration requirement under state law.
    2. To transport or attempt to transport a monetary instrument or funds:
      1. With the intent to promote the carrying on of specified unlawful activity; or
      2. Knowing that the monetary instrument or funds involved in the transportation represent the proceeds of some form of unlawful activity and knowing that such transportation is designed in whole or in part:
        1. To conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or
        2. To avoid a transaction reporting requirement or money transmitters' registration requirement under state law.
    3. To conduct or attempt to conduct a financial transaction which involves property or proceeds which an investigative or law enforcement officer, or someone acting under such officer's direction, represents as being derived from, or as being used to conduct or facilitate, specified unlawful activity, when the person's conduct or attempted conduct is undertaken with the intent:
      1. To promote the carrying on of specified unlawful activity; or
      2. To conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds or property believed to be the proceeds of specified unlawful activity; or
      3. To avoid a transaction reporting requirement under state law.
    4. For the purposes of this subsection, "investigative or law enforcement officer" means any officer of the State of Florida or political subdivision thereof, of the United States, or of any other state or political subdivision thereof, who is empowered by law to conduct, on behalf of the government, investigations of, or to make arrests for, offenses enumerated in this subsection or similar federal offenses. West's F.S.A. § 896.101 Page 2
  4. It does not constitute a defense to a prosecution for any violation of this chapter that:
    1. Any stratagem or deception, including the use of an undercover operative or law enforcement officer, was employed.
    2. A facility or an opportunity to engage in conduct in violation of this act was provided.
    3. A law enforcement officer, or person acting under direction of a law enforcement officer, solicited a person predisposed to engage in conduct in violation of any provision of this chapter to commit a violation of this chapter in order to gain evidence against that person, provided such solicitation would not induce an ordinary law-abiding person to violate this chapter. This subsection does not preclude the defense of entrapment.
  5. A person who violates this section, if the violation involves:
    1. Financial transactions exceeding $300 but less than $20,000 in any 12-month period, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    2. Financial transactions totaling or exceeding $20,000 but less than $100,000 in any 12-month period, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    3. Financial transactions totaling or exceeding $100,000 in any 12-month period, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  6. In addition to the penalties authorized by s. 775.082, s. 775.083, or s. 775.084, a person who has been found guilty of or who has pleaded guilty or nolo contendere to having violated this section may be sentenced to pay a fine not exceeding $250,000 or twice the value of the financial transactions, whichever is greater, except that for a second or subsequent violation of this section, the fine may be up to $500,000 or quintuple the value of the financial transactions, whichever is greater.
  7. A person who violates this section is also liable for a civil penalty of not more than the value of the financial transactions involved or $25,000, whichever is greater.
    1. If a person is alienating or disposing of monetary instruments or funds, or appears likely to or demonstrates an intent to alienate or dispose of monetary instruments or funds, used in violation of this section, chapter 560, s. 655.50, or any crime listed as specified unlawful activity under this section, or monetary instruments or funds that are traceable to any such violation, the petitioner may commence a civil action in any circuit court having jurisdiction where such monetary instruments or funds are located or have been deposited for a temporary injunction to prohibit any person from withdrawing, transferring, removing, dissipating, or disposing of any such monetary instruments or funds of equivalent value. The temporary injunction will be obtained pursuant to Florida Civil Rule of Procedure 1.610. This section governs all temporary injunctions obtained pursuant to this section and supersedes all other provisions of the rule that may be inconsistent with this section. The court shall take into acco unt any anticipated impact the temporary injunction will have on innocent third parties or businesses, balanced against the petitioner's need to preserve the monetary instruments or funds.
    2. A temporary injunction must be granted without bond to the petitioner. However, the court may authorize a respondent to post a bond equal to the amount to be enjoined and to have the injunction dissolved.
    3. A temporary injunction is to be entered upon application of the petitioner, ex parte and without notice or opportunity for a hearing with respect to the monetary instruments or funds.
    4. Such a temporary order expires not more than 10 days after the date on which the order is served, unless extendedfor good cause shown or unless the party against whom it is entered consents to an extension for a longer period.
    5. If at any time the petitioner discovers that the funds sought to be enjoined total less than $10,000, the petitioner shall immediately inform the court and the court shall immediately dissolve the temporary injunction.
    6. At the termination of the temporary injunction or at any time before the termination of the temporary injunction, the petitioner may:
      1. Obtain a warrant or other court order and seize the monetary instruments or funds and initiate a civil forfeiture action;
      2. Obtain a warrant or other court order and seize the monetary instruments or funds for any subsequent criminal prosecution; or
      3. Petition the court to extend the order for a period not longer than 10 days from the original order's termination date. At the end of the termination of the 10-day extension, the petitioner may take either of the steps outlined in subparagraph 1. or subparagraph 2. However, the petitioner may not be granted any additional extensions.
      1. Upon service of the temporary order served pursuant to this section, the petitioner shall immediately notify by certified mail, return receipt requested, or by personal service, both the person or entity in possession of the monetary instruments or funds and the owner of the monetary instruments or funds if known, of the order entered pursuant to this section and that the lawful owner of the monetary instruments or funds being enjoined may request a hearing to contest and modify the order entered pursuant to this section by petitioning the court that issued the order, so that such notice is received within 72 hours.
      2. The notice shall advise that the hearing shall be held within 3 days of the request, and the notice must state that the hearing will be set and noticed by the person against whom the order is served.
      3. The notice shall specifically state that the lawful owner has the right to produce evidence of legitimate business expenses, obligations, and liabilities, including but not limited to, employee payroll expenses verified by current unemployment compensation records, employee workers' compensation insurance, employee health insurance, state and federal taxes, and regulatory or licensing fees only as may become due before the expiration of the temporary order.
      4. Upon determination by the court that the expenses are valid, payment of such expenses may be effected by the owner of the enjoined monetary instruments or funds only to the court-ordered payees through court-reviewed checks, issued by the owner of, and the person or entity in possession of, the enjoined monetary instruments or funds. Upon presentment, the person or entity in possession of the enjoined funds or monetary instruments shall only honor the payment of the check to the court-ordered payee.
    8. Only the lawful owner or the account holder of the monetary instruments or funds being enjoined may request a hearing to contest the order entered pursuant to this section by petitioning the court that issued the order. A hearing must be held within 3 days after the request or as soon as practicable thereafter and before the expiration of the temporary order. The hearing must be set and noticed by the lawful owner of the monetary instruments or funds or his or her attorney. Notice of the hearing must be provided to the petitioner who procured the temporary injunction pursuant to the Florida Rules of Civil Procedure but not less than 24 hours before the scheduled hearing. The court may receive and consider at a hearing held pursuant to this subsection, evidence and information that would be inadmissible under the Florida Rules of Evidence. A proceeding under this subsection is governed by the Florida Rules of Civil Procedure. West's F.S.A. § 896.101
    1. The petitioner may request issuance of a warrant authorizing the seizure of property, monetary instruments, or funds subject to civil forfeiture in the same manner as provided for search warrants in chapter 933.
    2. Any financial institution that receives a seizure warrant pursuant to paragraph (a), temporary injunction, or other court order, may deduct from the account the funds necessary to pay any electronic transaction or check presented for payment where the electronic transaction was initiated or the check deposited prior to the time the seizure order was served on the financial institution.
  10. Any financial institution, licensed money transmitter, or other person served with and complying with the terms of a warrant, temporary injunction, or other court order, including any subpoena issued under the authority granted by s. 16.56 or s. 27.04, obtained in furtherance of an investigation of any crime in this section, including any crime listed as specified unlawful activity under this section or any felony violation of chapter 560, has immunity from criminal liability and shall not be liable to any person for any lawful action taken in complying with the warrant, temporary injunction, or other court order, including any subpoena issued under the authority granted by s. 16.56 or s. 27.04. If any subpoena issued under the authority granted by s. 16.56 or s. 27.04 contains a nondisclosure provision, any financial institution, licensed money transmitter, employee or officer of a financial institution or licensed money transmitter, or any other person may not notify, directly or indirectly, any customer of that financial institution or licensed money transmitter whose records are being sought by the subpoena, or any other person named in the subpoena, about the existence or the contents of that subpoena or about information that has been furnished to the state attorney or statewide prosecutor who issued the subpoena or other law enforcement officer named in the subpoena in response to the subpoena.
  11. In any prosecution brought pursuant to this chapter, the common law corpus delicti rule does not apply. The defendant's confession or admission is admissible during trial without the state's having to prove the corpus delicti if the court finds in a hearing conducted outside the presence of the jury that the defendant's confession or admission is trustworthy. Before the court admits the defendant's confession or admission, the state must prove by a preponderance of the evidence that there is sufficient corroborating evidence that tends to establish the trustworthiness of the statement by the defendant. Hearsay evidence is admissible during the presentation of evidence at the hearing. In making its determination, the court may consider all relevant corroborating evidence, including the defendant's statements. CREDIT(S)
    Laws 1987, c. 87-243, §§ 34 to 36; Laws 1990, c. 90-246, § 1; Laws 1991, c. 91-282, § 74; Laws 1992, c. 92-303, § 207; Laws 1994, c. 94-209, § 81. Amended by Laws 1996, c. 96-252, § 8, eff. Oct. 1, 1996; Laws 1996, c. 96-260, § 9, eff. Oct. 1, 1996; Laws 1997, c. 97-78, § 6, eff. May 23, 1997; Laws 2000, c. 2000-360, § 18, eff. July 1, 2000; Laws 2003, c. 2003-36, § 49, eff. Oct. 1, 2003; Laws 2004, c. 2004-391, § 9, eff. Oct. 1, 2004; Laws 2005, c. 2005-209, § 11, eff. July 1, 2005; Laws 2006, c. 2006-168, § 6, eff. Oct. 1, 2006. Current with chapters in effect from the 2008 Second Regular Session of the Twentieth Legislature through March 14, 2008.


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Florida Racketeering Civil Remedies

Effective:[See Text Amendments]
Title XLVI. Crimes (Chapters 775-899)
Chapter 895. Offenses Concerning Racketeering and Illegal Debts
895.05. Civil remedies

  1. Any circuit court may, after making due provision for the rights of innocent persons, enjoin violations of the provisions of s. 895.03 by issuing appropriate orders and judgments, including, but not limited to:
    1. Ordering any defendant to divest himself or herself of any interest in any enterprise, including real property.
    2. Imposing reasonable restrictions upon the future activities or investments of any defendant, including, but not limited to, prohibiting any defendant from engaging in the same type of endeavor as the enterprise in which the defendant was engaged in violation of the provisions of s. 895.03.
    3. Ordering the dissolution or reorganization of any enterprise.
    4. Ordering the suspension or revocation of a license, permit, or prior approval granted to any enterprise by any agency of the state.
    5. Ordering the forfeiture of the charter of a corporation organized under the laws of the state, or the revocation of a certificate authorizing a foreign corporation to conduct business within the state, upon finding that the board of directors or a managerial agent acting on behalf of the corporation, in conducting the affairs of the corporation, has authorized or engaged in conduct in violation of s. 895.03 and that, for the prevention of future criminal activity, the public interest requires the charter of the corporation forfeited and the corporation dissolved or the certificate revoked.
    1. All property, real or personal, including money, used in the course of, intended for use in the course of, derived from, or realized through conduct in violation of a provision of ss. 895.01-895.05 is subject to civil forfeiture to the state.
    2. Upon the entry of a final judgment of forfeiture in favor of the state, the title of the state to the forfeited property shall relate back:
      1. In the case of real property or a beneficial interest, to the date of filing of the RICO lien notice in the official records of the county where the real property or beneficial trust is located; if no RICO lien notice is filed, then to the date of the filing of any notice of lis pendens under s. 895.07(5)(a) in the official records of the county where the real property or beneficial interest is located; and if no RICO lien notice or notice of lis pendens is filed, then to the date of recording of the final judgment of forfeiture in the official records of the county where the real property or beneficial interest is located.
      2. In the case of personal property, to the date the personal property was seized by the investigating agency. If property subject to forfeiture is conveyed, alienated, disposed of, or otherwise rendered unavailable for forfeiture after the filing of a RICO lien notice or after the filing of a civil proceeding or criminal proceeding, whichever is earlier, the investigative agency may, on behalf of the state, institute an action in any circuit court against the person named in the RICO lien notice or the defendant in the civil proceeding or criminal proceeding, and the court shall enter final judgment against the person named in the RICO lien notice or the defendant in the civil proceeding or criminal proceeding in an amount equal to the fair market value of the property, together with investigative costs and attorney's fees incurred by the investigative agency in the action. If a civil proceeding is pending, such action shall be filed only in the court where the civil proceeding is pending.
    3. The state shall dispose of all forfeited property as soon as commercially feasible. If property is not exercisable or transferable for value by the state, it shall expire. All forfeitures or dispositions under this section shall be made with due provision for the rights of innocent persons. The proceeds realized from such forfeiture and disposition shall be promptly distributed in accordance with the provisions of s. 895.09.
  3. Property subject to forfeiture under this section may be seized by a law enforcement officer upon court process. Seizure without process may be made if:
    1. The seizure is incident to a lawful arrest or search or an inspection under an administrative inspection warrant.
    2. The property subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding based upon this section.
  4. In the event of a seizure under subsection (3), a forfeiture proceeding shall be instituted promptly. Property taken or detained under this section shall not be subject to replevin, but is deemed to be in the custody of the law enforcement officer making the seizure, subject only to the order of the court. When property is seized under this section, pending forfeiture and final disposition, the law enforcement officer may:
    1. Place the property under seal.
    2. Remove the property to a place designated by court.
    3. Require another agency authorized by law to take custody of the property and remove it to an appropriate location.
  5. The Department of Legal Affairs, any state attorney, or any state agency having jurisdiction over conduct in violation of a provision of this act may institute civil proceedings under this section. In any action brought under this section, the circuit court shall proceed as soon as practicable to the hearing and determination. Pending final determination, the circuit court may at any time enter such injunctions, prohibitions, or restraining orders, or take such actions, including the acceptance of satisfactory performance bonds, as the court may deem proper.
  6. Any aggrieved person may institute a proceeding under subsection (1). In such proceeding, relief shall be granted in conformity with the principles that govern the granting of injunctive relief from threatened loss or damage in other civil cases, except that no showing of special or irreparable damage to the person shall have to be made. Upon the execution of proper bond against damages for an injunction improvidently granted and a showing of immediate danger of significant loss or damage, a temporary restraining order and a preliminary injunction may be issued in any such action before a final determination on the merits.
  7. The state, including any of its agencies, instrumentalities, subdivisions, or municipalities, if it proves by clear and convincing evidence that it has been injured by reason of any violation of the provisions of s.895.03, shall have a cause of action for threefold the actual damages sustained and shall also recover attorneys' fees in the trial and appellate courts and costs of investigation and litigation, reasonably incurred. In no event shall punitive damages be awarded. The defendant shall be entitled to recover reasonable attorneys' fees and court costs upon a finding that the claimant raised a claim which was without substantial factual or legal support.
    1. Either party may demand a trial by jury in any civil action brought pursuant to this subsection.
    2. Any prevailing plaintiff under this subsection or s. 772.104 shall have a right or claim to forfeited property or to the proceeds derived therefrom superior to any right or claim the state has in the same property or proceeds.
  8. A final judgment or decree rendered in favor of the state in any criminal proceeding under this act or any other criminal proceeding under state law shall estop the defendant in any subsequent civil action or proceeding under this act or under s. 772.104 as to all matters as to which such judgment or decree would be an estoppel as between the parties.
  9. The Department of Legal Affairs may, upon timely application, intervene in any civil action or proceeding brought under subsection (6) or subsection (7) if it certifies that, in its opinion, the action or proceeding is of general public importance. In such action or proceeding, the state shall be entitled to the same relief as if the Department of Legal Affairs had instituted the action or proceeding.
  10. Notwithstanding any other provision of law, a criminal or civil action or proceeding under this act may be commenced at any time within 5 years after the conduct in violation of a provision of this act terminates or the cause of action accrues. If a criminal prosecution or civil action or other proceeding is brought, or intervened in, to punish, prevent, or restrain any violation of the provisions of this act, the running of the period of limitations prescribed by this section with respect to any cause of action arising under subsection (6) or subsection (7) which is based in whole or in part upon any matter complained of in any such prosecution, action, or proceeding shall be suspended during the pendency of such prosecution, action, or proceeding and for 2 years following its termination.
  11. The application of one civil remedy under any provision of this act does not preclude the application of any other remedy, civil or criminal, under this act or any other provision of law. Civil remedies under this act are supplemental, and not mutually exclusive.
    1. In addition to the authority to file a RICO lien notice set forth in s. 895.07(1), the Department of Legal Affairs, the Office of Statewide Prosecution, or the office of a state attorney may apply ex parte to a criminal division of a circuit court and, upon petition supported by sworn affidavit, obtain an order authorizing the filing of a RICO lien notice against real property upon a showing of probable cause to believe that the property was used in the course of, intended for use in the course of, derived from, or realized through conduct in violation of a provision of ss. 895.01-895.05. If the lien notice authorization is granted, the department shall, after filing the lien notice, forthwith provide notice to the owner of the property by one of the following methods:
      1. By serving the notice in the manner provided by law for the service of process.
      2. By mailing the notice, postage prepaid, by registered or certified mail to the person to be served at his or her last known address and evidence of the delivery.
      3. If neither of the foregoing can be accomplished, by posting the notice on the premises.
    2. The owner of the property may move the court to discharge the lien, and such motion shall be set for hearing at the earliest possible time.
    3. The court shall discharge the lien if it finds that there is no probable cause to believe that the property was used in the course of, intended for use in the course of, derived from, or realized through conduct in violation of a provision of ss. 895.01-895.05 or if it finds that the owner of the property neither knew nor reasonably should have known that the property was used in the course of, intended for use in the course of, derived from, or realized through conduct in violation of a provision of ss. 895.01-895.05.
    4. No testimony presented by the owner of the property at the hearing is admissible against him or her in any criminal proceeding except in a criminal prosecution for perjury or false statement, nor shall such testimony constitute a waiver of the owner's constitutional right against self-incrimination.
    5. A lien notice secured under the provisions of this subsection is valid for a period of 90 days from the date the court granted authorization, which period may be extended for an additional 90 days by the court for good cause shown, unless a civil proceeding is instituted under this section and a lien notice is filed under s. 895.07, in which event the term of the lien notice is governed by s. 895.08.
    6. The filing of a lien notice, whether or not subsequently discharged or otherwise lifted, shall constitute notice to the owner and knowledge by the owner that the property was used in the course of, intended for use in the course of, derived from, or realized through conduct in violation of a provision of ss. 895.01-895.05, such that lack of such notice and knowledge shall not be a defense in any subsequent civil or criminal proceeding under this chapter.

CREDIT(S)
Laws 1977, c. 77-334, § 5; Laws 1979, c. 79-400, § 301; Fla.St.1979, § 943.464; Laws 1981, c. 81-141, § 2; Laws 1984, c. 84-38, § 1; Laws 1984, c. 84-249, § 5; Laws 1986, c. 86-277, § 6; Laws 1987, c. 87-139, § 3; Laws 1990, c. 90-269, § 5. Amended by Laws 1995, c. 95-211, § 76, eff. July 10, 1995; Laws 1997, c. 102, § 1447, eff. July 1, 1997.
Current with chapters in effect from the 2008 Second Regular Session of the Twentieth Legislature through March 14, 2008.

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Florida Racketeering Penalties

Effective:[See Text Amendments]
Title XLVI. Crimes (Chapters 775-899)
Chapter 895. Offenses Concerning Racketeering and Illegal Debts
895.04. Criminal penalties and alternative fine

  1. Any person convicted of engaging in activity in violation of the provisions of s. 895.03 is guilty of a felony of the first degree and shall be punished as provided in s. 775.082, s. 775.083, or s. 775.084.
  2. In lieu of a fine otherwise authorized by law, any person convicted of engaging in conduct in violation of the provisions of s. 895.03, through which the person derived pecuniary value, or by which he or she caused personal injury or property damage or other loss, may be sentenced to pay a fine that does not exceed 3 times the gross value gained or 3 times the gross loss caused, whichever is the greater, plus court costs and the costs of investigation and prosecution, reasonably incurred.
  3. The court shall hold a hearing to determine the amount of the fine authorized by subsection (2).
  4. For the purposes of subsection (2), "pecuniary value" means:
    1. Anything of value in the form of money, a negotiable instrument, or a commercial interest or anything else the primary significance of which is economic advantage; or
    2. Any other property or service that has a value in excess of $100.

CREDIT(S)
Laws 1977, c. 77-334, § 4; Fla.St.1979, § 943.463. Amended by Laws 1997, c. 97-102, § 1446, eff. July 1, 1997. Current with chapters in effect from the 2008 Second Regular Session of the Twentieth Legislature through March 14, 2008.

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Florida Schedule of Prohibited Drugs

Effective: May 2, 2003
Title XLVI. Crimes (Chapters 775-899)
Chapter 893. Drug Abuse Prevention and Control
893.03. Standards and schedules

  1. Schedule I.
    A substance in Schedule I has a high potential for abuse and has no currently accepted medical use in treatment in the United States and in its use under medical supervision does not meet accepted safety standards. The following substances are controlled in Schedule I:
    1. Unless specifically excepted or unless listed in another schedule, any of the following substances, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation:
      1. Acetyl-alpha-methylfentanyl.
      2. Acetylmethadol.
      3. Allylprodine.
      4. Alphacetylmethadol (except levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM).
      5. Alphamethadol.
      6. Alpha-methylfentanyl (N-[1-(alpha-methyl-betaphenyl) ethyl-4-piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine).
      7. Alpha-methylthiofentanyl.
      8. Alphameprodine.
      9. Benzethidine.
      10. Benzylfentanyl.
      11. Betacetylmethadol.
      12. Beta-hydroxyfentanyl.
      13. Beta-hydroxy-3-methylfentanyl.
      14. Betameprodine.
      15. Betamethadol.
      16. Betaprodine.
      17. Clonitazene.
      18. Dextromoramide.
      19. Diampromide.
      20. Diethylthiambutene.
      21. Difenoxin.
      22. Dimenoxadol.
      23. Dimepheptanol.
      24. Dimethylthiambutene.
      25. Dioxaphetyl butyrate.
      26. Dipipanone.
      27. Ethylmethylthiambutene.
      28. Etonitazene.
      29. Etoxeridine.
      30. Flunitrazepam.
      31. Furethidine.
      32. Hydroxypethidine.
      33. Ketobemidone.
      34. Levomoramide.
      35. Levophenacylmorphan.
      36. 1-Methyl-4-Phenyl-4-Propionoxypiperidine (MPPP).
      37. 3-Methylfentanyl (N- [3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide).
      38. 3-Methylthiofentanyl.
      39. 3, 4-Methylenedioxymethamphetamine (MDMA).
      40. Morpheridine.
      41. Noracymethadol.
      42. Norlevorphanol.
      43. Normethadone.
      44. Norpipanone.
      45. Para-Fluorofentanyl.
      46. Phenadoxone.
      47. Phenampromide.
      48. Phenomorphan.
      49. Phenoperidine.
      50. 1-(2-Phenylethyl)-4-Phenyl-4-Acetyloxypiperidine (PEPAP).
      51. Piritramide.
      52. Proheptazine.
      53. Properidine.
      54. Propiram.
      55. Racemoramide.
      56. Thenylfentanyl.
      57. Thiofentanyl.
      58. Tilidine.
      59. Trimeperidine.
    2. Unless specifically excepted or unless listed in another schedule, any of the following substances, their salts, isomers, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
      1. Acetorphine.
      2. Acetyldihydrocodeine.
      3. Benzylmorphine.
      4. Codeine methylbromide.
      5. Codeine-N-Oxide.
      6. Cyprenorphine.
      7. Desomorphine.
      8. Dihydromorphine.
      9. Drotebanol.
      10. Etorphine (except hydrochloride salt).
      11. Heroin.
      12. Hydromorphinol.
      13. Methyldesorphine.
      14. Methyldihydromorphine.
      15. Monoacetylmorphine.
      16. Morphine methylbromide.
      17. Morphine methylsulfonate.
      18. Morphine-N-Oxide.
      19. Myrophine.
      20. Nicocodine.
      21. Nicomorphine.
      22. Normorphine.
      23. Pholcodine.
      24. Thebacon.
    3. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances or which contains any of their salts, isomers, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
      1. Alpha-ethyltryptamine.
      2. 2-Amino-4-methyl-5-phenyl-2-oxazoline (4-methylaminorex).
      3. 2-Amino-5-phenyl-2-oxazoline (Aminorex).
      4. 4-Bromo-2,5-dimethoxyamphetamine.
      5. 4-Bromo-2, 5-dimethoxyphenethylamine.
      6. Bufotenine.
      7. Cannabis.
      8. Cathinone.
      9. Diethyltryptamine.
      10. 2,5-Dimethoxyamphetamine.
      11. 2,5-Dimethoxy-4-ethylamphetamine (DOET).
      12. Dimethyltryptamine.
      13. N-Ethyl-1-phenylcyclohexylamine (PCE) (Ethylamine analog of phencyclidine).
      14. N-Ethyl-3-piperidyl benzilate.
      15. N-ethylamphetamine.
      16. Fenethylline.
      17. N-Hydroxy-3,4-methylenedioxyamphetamine.
      18. Ibogaine.
      19. Lysergic acid diethylamide (LSD).
      20. Mescaline.
      21. Methcathinone.
      22. 5-Methoxy-3,4-methylenedioxyamphetamine.
      23. 4-methoxyamphetamine.
      24. 4-methoxymethamphetamine.
      25. 4-Methyl-2,5-dimethoxyamphetamine.
      26. 3,4-Methylenedioxy-N-ethylamphetamine.
      27. 3,4-Methylenedioxyamphetamine.
      28. N-Methyl-3-piperidyl benzilate.
      29. N,N-dimethylamphetamine.
      30. Parahexyl.
      31. Peyote.
      32. N-(1-Phenylcyclohexyl)-pyrrolidine (PCPY) (Pyrrolidine analog of phencyclidine).
      33. Psilocybin.
      34. Psilocyn.
      35. Tetrahydrocannabinols.
      36. 1-[1-(2-Thienyl)-cyclohexyl]-piperidine (TCP) (Thiophene analog of phencyclidine).
      37. 3,4,5-Trimethoxyamphetamine.
    4. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, including any of its salts, isomers, optical isomers, salts of their isomers, and salts of these optical isomers whenever the existence of such isomers and salts is possible within the specific chemical designation:
      1. 1,4-Butanediol.
      2. Gamma-butyrolactone (GBL).
      3. Gamma-hydroxybutyric acid (GHB).
      4. Methaqualone.
      5. Mecloqualone.
  2. Schedule II. A substance in Schedule II has a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States, and abuse of the substance may lead to severe psychological or physical dependence. The following substances are controlled in Schedule II:
    1. Unless specifically excepted or unless listed in another schedule, any of the following substances, whether produced directly or indirectly by extraction from substances of vegetable origin or independently by means of chemical synthesis:
      1. Opium and any salt, compound, derivative, or preparation of opium, except nalmefene or isoquinoline alkaloids of opium, including, but not limited to the following:
        1. Raw opium.
        2. Opium extracts.
        3. Opium fluid extracts.
        4. Powdered opium.
        5. Granulated opium.
        6. Tincture of opium.
        7. Codeine.
        8. Ethylmorphine.
        9. Etorphine hydrochloride.
        10. Hydrocodone.
        11. Hydromorphone.
        12. Levo-alphacetylmethadol (also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM).
        13. Metopon (methyldihydromorphinone).
        14. Morphine.
        15. Oxycodone.
        16. Oxymorphone.
        17. Thebaine.
      2. Any salt, compound, derivative, or preparation of a substance which is chemically equivalent to or identical with any of the substances referred to in subparagraph 1., except that these substances shall not include the isoquinoline alkaloids of opium.
      3. Any part of the plant of the species Papaver somniferum, L.
      4. Cocaine or ecgonine, including any of their stereoisomers, and any salt, compound, derivative, or preparation of cocaine or ecgonine.
    2. Unless specifically excepted or unless listed in another schedule, any of the following substances, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation:
      1. Alfentanil.
      2. Alphaprodine.
      3. Anileridine.
      4. Bezitramide.
      5. Bulk propoxyphene (nondosage forms).
      6. Carfentanil.
      7. Dihydrocodeine.
      8. Diphenoxylate.
      9. Fentanyl.
      10. Isomethadone.
      11. Levomethorphan.
      12. Levorphanol.
      13. Metazocine.
      14. Methadone.
      15. Methadone-Intermediate,4-cyano-2-dimethylamino-4,4-diphenylbutane.
      16. Moramide-Intermediate,2-methyl-3-morpholoino-1,1- diphenylpropane-carboxylic acid.
      17. Nabilone.
      18. Pethidine (meperidine).
      19. Pethidine-Intermediate-A,4-cyano-1- methyl-4-phenylpiperidine.
      20. Pethidine-Intermediate-B,ethyl-4- phenylpiperidine-4-carboxylate.
      21. Pethidine-Intermediate-C,1-methyl-4- phenylpiperidine-4-carboxylic acid.
      22. Phenazocine.
      23. Phencyclidine.
      24. 1-Phenylcyclohexylamine.
      25. Piminodine.
      26. 1-Piperidinocyclohexanecarbonitrile.
      27. Racemethorphan.
      28. Racemorphan.
      29. Sufentanil.
    3. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, including their salts, isomers, optical isomers, salts of their isomers, and salts of their optical isomers:
      1. Amobarbital.
      2. Amphetamine.
      3. Glutethimide.
      4. Methamphetamine.
      5. Methylphenidate.
      6. Pentobarbital.
      7. Phenmetrazine.
      8. Phenylacetone.
      9. Secobarbital.
  3. Schedule III.--A substance in Schedule III has a potential for abuse less than the substances contained in Schedules I and II and has a currently accepted medical use in treatment in the United States, and abuse of the substance may lead to moderate or low physical dependence or high psychological dependence or, in the case of anabolic steroids, may lead to physical damage. The following substances are controlled in Schedule III:
    1. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant or stimulant effect on the nervous system:
      1. Any substance which contains any quantity of a derivative of barbituric acid, including thiobarbituric acid, or any salt of a derivative of barbituric acid or thiobarbituric acid, including, but not limited to, butabarbital and butalbital.
      2. Benzphetamine.
      3. hlorhexadol.
      4. Chlorphentermine.
      5. Clortermine.
      6. Lysergic acid.
      7. Lysergic acid amide.
      8. Methyprylon.
      9. Phendimetrazine.
      10. Sulfondiethylmethane.
      11. Sulfonethylmethane.
      12. Sulfonmethane.
      13. Tiletamine and zolazepam or any salt thereof.
    2. Nalorphine.
    3. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of any of the following controlled substances or any salts thereof:
      1. Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium.
      2. Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with recognized therapeutic amounts of one or more active ingredients which are not controlled substances.
      3. Not more than 300 milligrams of hydrocodone per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium.
      4. Not more than 300 milligrams of hydrocodone per 100 milliliters or not more than 15 milligrams per dosage unit, with recognized therapeutic amounts of one or more active ingredients that are not controlled substances.
      5. Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with recognized therapeutic amounts of one or more active ingredients which are not controlled substances.
      6. Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
      7. Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams, with recognized therapeutic amounts of one or more active ingredients which are not controlled substances.
        For purposes of charging a person with a violation of s. 893.135 involving any controlled substance described in subparagraph 3. or subparagraph 4., the controlled substance is a Schedule III controlled substance pursuant to this paragraph but the weight of the controlled substance per milliliters or per dosage unit is not relevant to the charging of a violation of s. 893.135. The weight of the controlled substance shall be determined pursuant to s. 893.135(6).
    4. Anabolic steroids.
      1. The term "anabolic steroid" means any drug or hormonal substance, chemically and pharmacologically related to testosterone, other than estrogens, progestins, and corticosteroids, that promotes muscle growth and includes:
        • a. Androsterone.
        • b. Androsterone acetate.
        • c. Boldenone.
        • d. Boldenone acetate.
        • e. Boldenone benzoate.
        • f. Boldenone undecylenate.
        • g. Chlorotestosterone (4-chlortestosterone).
        • h. Clostebol.
        • i. Dehydrochlormethyltestosterone.
        • j. Dihydrotestosterone (4-dihydrotestosterone).
        • k. Drostanolone.
        • l. Ethylestrenol.
        • m. Fluoxymesterone.
        • n. Formebulone (formebolone).
        • o. Mesterolone.
        • p. Methandienone.
        • q. Methandranone.
        • r. Methandriol.
        • s. Methandrostenolone.
        • t. Methenolone.
        • u. Methyltestosterone.
        • v. Mibolerone.
        • w. Nandrolone.
        • x. Norethandrolone.
        • y. Nortestosterone.
        • z. Nortestosterone decanoate.
        • aa. Nortestosterone phenylpropionate.
        • bb. Nortestosterone propionate.
        • cc. Oxandrolone.
        • dd. Oxymesterone.
        • ee. Oxymetholone.
        • ff. Stanolone.
        • gg. Stanozolol.
        • hh. Testolactone.
        • ii. Testosterone.
        • kk. Testosterone benzoate.
        • ll. Testosterone cypionate.
        • mm. Testosterone decanoate.
        • nn. Testosterone enanthate.
        • oo. Testosterone isocaproate.
        • pp. Testosterone oleate.
        • qq. Testosterone phenylpropionate.
        • rr. Testosterone propionate.
        • ss. Testosterone undecanoate.
        • tt. Trenbolone.
        • uu. Trenbolone acetate.
        • vv. Any salt, ester, or isomer of a drug or substance described or listed in this subparagraph if that salt, ester, or isomer promotes muscle growth.
      2. The term does not include an anabolic steroid that is expressly intended for administration through implants to cattle or other nonhuman species and that has been approved by the United States Secretary of Health and Human Services for such administration. However, any person who prescribes, dispenses, or distributes such a steroid for human use is considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of this paragraph.
    5. Ketamine, including any isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation.
    6. Dronabinol (synthetic THC) in sesame oil and encapsulated in a soft gelatin capsule in a drug product approved by the United States Food and Drug Administration.
    7. Any drug product containing gamma-hydroxybutyric acid, including its salts, isomers, and salts of isomers, for which an application is approved under s. 505 of the Federal Food, Drug, and Cosmetic Act.
  4. Schedule IV.--A substance in Schedule IV has a low potential for abuse relative to the substances in Schedule III and has a currently accepted medical use in treatment in the United States, and abuse of the substance may lead to limited physical or psychological dependence relative to the substances in Schedule III. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation, are controlled in Schedule IV:
    • (a) Alprazolam.
    • (b) Barbital.
    • (c) Bromazepam.
    • (d) Camazepam.
    • (e) Cathine.
    • (f) Chloral betaine.
    • (g) Chloral hydrate.
    • (h) Chlordiazepoxide.
    • (i) Clobazam.
    • (j) Clonazepam.
    • (k) Clorazepate.
    • (l) Clotiazepam.
    • (m) Cloxazolam.
    • (n) Delorazepam.
    • (o) Propoxyphene (dosage forms).
    • (p) Diazepam.
    • (q) Diethylpropion.
    • (r) Estazolam.
    • (s) Ethchlorvynol.
    • (t) Ethinamate.
    • (u) Ethyl loflazepate.
    • (v) Fencamfamin.
    • (w) Fenfluramine. [FN1]
    • (x) Fenproporex.
    • (y) Fludiazepam.
    • (z) Flurazepam.
    • (aa) Halazepam.
    • (bb) Haloxazolam.
    • (cc) Ketazolam.
    • (dd) Loprazolam.
    • (ee) Lorazepam.
    • (ff) Lormetazepam.
    • (gg) Mazindol.
    • (hh) Mebutamate.
    • (ii) Medazepam.
    • (jj) Mefenorex.
    • (kk) Meprobamate.
    • (ll) Methohexital.
    • (mm) Methylphenobarbital.
    • (nn) Midazolam.
    • (oo) Nimetazepam.
    • (pp) Nitrazepam.
    • (qq) Nordiazepam.
    • (rr) Oxazepam.
    • (ss) Oxazolam.
    • (tt) Paraldehyde.
    • (uu) Pemoline.
    • (vv) Pentazocine.
    • (ww) Phenobarbital.
    • (xx) Phentermine.
    • (yy) Pinazepam.
    • (zz) Pipradrol.
    • (aaa) Prazepam.
    • (bbb) Propylhexedrine, excluding any patent or proprietary preparation containing propylhexedrine, unless otherwise provided by federal law.
    • (ccc) Quazepam.
    • (ddd) Tetrazepam.
    • (eee) SPA[(-)-1 dimethylamino-1, 2 diphenylethane].
    • (fff) Temazepam.
    • (ggg) Triazolam.
    • (hhh) Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.
    • (iii) Butorphanol tartrate.
    • (jjj) Carisoprodol.
  5. Schedule V.--
    A substance, compound, mixture, or preparation of a substance in Schedule V has a low potential for abuse relative to the substances in Schedule IV and has a currently accepted medical use in treatment in the United States, and abuse of such compound, mixture, or preparation may lead to limited physical or psychological dependence relative to the substances in Schedule IV.
    1. Substances controlled in Schedule V include any compound, mixture, or preparation containing any of the following limited quantities of controlled substances, which shall include one or more active medicinal ingredients which are not controlled substances in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the controlled substance alone:
      1. Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams.
      2. Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams.
      3. Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams.
      4. Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit.
      5. Not more than 100 milligrams of opium per 100 milliliters or per 100 grams.
    2. Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs and their salts: Buprenorphine.
    3. Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers: Pyrovalerone.

CREDIT(S)
Laws 1973, c. 73-331, § 3; Laws 1977, c. 77-104, § 247; Laws 1977, c. 77-174, § 1; Laws 1978, c. 78-195, §§ 1, 2; Laws 1979, c. 79-325, § 2; Laws 1980, c. 80-353, § 1; Laws 1982, c. 82-16, § 1; Laws 1984, c. 84-89, § 1; Laws 1985, c. 85-242, § 2; Laws 1986, c. 86-147, § 1; Laws 1987, c. 87-243, § 2; Laws 1987, c. 87-299, § 1; Laws 1988, c. 88-59, § 1; Laws 1989, c. 89-281, § 3; Laws 1992, c. 92-69, § 54; Laws 1993, c. 93-92, § 1. Amended by Laws 1995, c. 95-415, § 4, eff. July 1, l995; Laws 1996, c. 96-360, § 1, eff. June 1, 1996; Laws 1997, c. 97-1, §§ 1, 5, eff. March 20, 1997; Laws 1997, c. 97-264, § 96, eff. July 1, 1997; Laws 1999, c. 99-186, § 1, eff. July 1, 1999; Laws 2000, c. 2000-320, § 2, eff. Oct. 1, 2000; Laws 2001, c. 2001-55, § 1, eff. July 1, 2001; Laws 2001, c. 2001-57, § 5, eff. July 1, 2001; Laws 2002, c. 2002-78, § 1, eff. July 1, 2002; Laws 2003, c. 2003-10, § 2, eff. May 2, 2003.
[FN1] Reviser's Note--1997: Section 1, ch. 97-1, added paragraph (4)(w) listing fenfluramine. Section 5, ch. 97-1, repealed paragraph (4)(w) effective upon the removal of fenfluramine from the schedules of controlled substances in 21 C.F.R. s. 1308. The Drug Enforcement Administration of the United States Department of Justice filed a proposed final rule removing fenfluramine from the schedules, see 62 F.R. 24620, May 6, 1997.
Current with chapters in effect from the 2008 Second Regular Session of the Twentieth Legislature through March 14, 2008.

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Florida Suspension of Business License for Drug Activity

Effective:[See Text Amendments]
Title XLVI. Crimes (Chapters 775-899)
Chapter 893. Drug Abuse Prevention and Control
893.11. Suspension, revocation, and reinstatement of business and professional licenses Upon the conviction in any court of competent jurisdiction of any person holding a license, permit, or certificate issued by a state agency, for sale of, or trafficking in, a controlled substance or for conspiracy to sell, or traffic in, a controlled substance, if such offense is a felony, the clerk of said court shall send a certified copy of the judgment of conviction with the person's license number, permit number, or certificate number on the face of such certified copy to the agency head by whom the convicted defendant has received a license, permit, or certificate to practice his or her profession or to carry on his or her business. Such agency head shall suspend or revoke the license, permit, or certificate of the convicted defendant to practice his or her profession or to carry on his or her business. Upon a showing by any such convicted defendant whose license, permit, or certificate has been suspended or revoked pursuant to this section that his or her civil rights have been restored or upon a showing that the convicted defendant meets the following criteria, the agency head may reinstate or reactivate such license, permit, or certificate when:

  1. The person has complied with the conditions of paragraphs (a) and (b) which shall be monitored by the Department of Corrections while the person is under any supervisory sanction. If the person fails to comply with provisions of these paragraphs by either failing to maintain treatment or by testing positive for drug use, the department shall notify the licensing, permitting, or certifying agency, which shall revoke the license, permit, or certification. The person under supervision may:
    1. Seek evaluation and enrollment in, and once enrolled maintain enrollment in until completion, a drug treatment and rehabilitation program which is approved or regulated by the Department of Children and Family Services. The treatment and rehabilitation program shall be specified by:
      1. The court, in the case of court-ordered supervisory sanctions;
      2. The Parole Commission, in the case of parole, control release, or conditional release; or
      3. The Department of Corrections, in the case of imprisonment or any other supervision required by law.
    2. Submit to periodic urine drug testing pursuant to procedures prescribed by the Department of Corrections. If the person is indigent, the costs shall be paid by the Department of Corrections; or
  2. The person has successfully completed an appropriate program under the Correctional Education Program. This section does not apply to any of the taxes, fees, or permits regulated, controlled, or administered by the Department of Revenue in accordance with s. 213.05.


    3. CREDIT(S)
    Laws 1973, c. 73-331, § 11; Laws 1977, c. 77-117, § 1; Laws 1978, c. 78-95, § 19; Laws 1990, c. 90-266, § 3; Laws 1991, c. 91-112, § 126. Amended by Laws 1995, c. 95-325, § 14, eff. July 1, 1995; Laws 1997, c. 97-102, § 1443, eff. July 1, 1997; Laws 1999,
    c. 99-8, § 302, eff. June 29, 1999. Current with chapters in effect from the 2008 Second Regular Session of the Twentieth Legislature through March 14, 2008.



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