817.563

Controlled substance named or described in s. 893.03; sale of substance in lieu thereof.

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817.563 Controlled substance named or described in s. 893.03; sale of substance in lieu thereof.It is unlawful for any person to agree, consent, or in any manner offer to unlawfully sell to any person a controlled substance named or described in s. 893.03 and then sell to such person any other substance in lieu of such controlled substance. Any person who violates this section with respect to:
(1) A controlled substance named or described in s. 893.03(1), (2), (3), or (4) is guilty of a felony of the third 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(5) is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.s. 1, ch. 81-53; s. 4, ch. 89-281; s. 101, ch. 97-264; s. 7, ch. 99-186; s. 17, ch. 2000-320; s. 7, ch. 2002-78; s. 26, ch. 2016-105; s. 3, ch. 2019-166.
Notes of Decisions
Cited in 67 cases, 1983–2013 · leading case: State v. Bussey
State v. Bussey (1985) fla · cites it 12× “The state accused appellee Bussey of agreeing, consenting, or offering to sell heroin, a controlled substance, and then selling another substance, a compound of caffeine and methapyrilene, in lieu of heroin, in violation of section 817.563, Florida Statutes (1981).”
State v. Thomas (1983) fladistctapp · cites it 18× “Appellees Thomas and Williams were charged with violations of section 817.563, Fla. Stat. (1981). [1] The State appeals the orders of the trial court granting appellees' motions to dismiss on the ground that section 817.”
Greenwade v. State (2013) fla · cites it 7× “(2009); § 817.563, Fla. Stat. (2009). Under section 817.”
Carruthers v. State (1994) fladistctapp · cites it 20× “Carruthers challenges his conviction for sale of a counterfeit controlled substance pursuant to section 817.563, Florida Statutes (1991).”
Lindsey v. State (1984) fladistctapp · cites it 5× “13(1)(a)(2), Florida Statutes (1981), and one count for the sale of substance in lieu of a controlled substance, section 817.563, Florida Statutes (1981).”
United States v. Brown (2010) ca8 · cites it 2× “and then sell to such person any other substance in lieu of such controlled substance[,]" Fla. Stat. § 817.563 , the Florida Supreme Court observed: The legislature, in enacting section 817.”
Mitchell v. State (1986) fladistctapp · cites it 7× “This is an appeal from a conviction for offering to sell a controlled substance and substituting another substance in violation of section 817.563, Florida Statutes (1981).”
Mitchell v. State (1993) fla · cites it 2× “Darrell Mitchell (Mitchell) was convicted of a third-degree felony in violation of section 817.563, Florida Statutes (1989).”
State v. Bussey (1984) fladistctapp · cites it 11× “Appellant was charged by information with the sale of a noncontrolled substance in violation of Section 817.563, Florida Statutes (1981), which states as follows: 817.”
Wheeler v. State (1997) fladistctapp · cites it 2× “See § 817.563, Fla.Stat. (1995); State v. Bussey, 463 So.”
Thompson v. State (1991) fladistctapp · cites it 2× “Because this is a case of first impression, and involves an issue of great public importance, [10] we certify the following question to the supreme court: *495 CAN A DEFENDANT BE PROPERLY CONVICTED OF BOTH FRAUDULENT SALE OF A COUNTERFEIT CONTROLLED SUBSTANCE AND FELONY PETIT…”
Hernandez v. State (2010) fla · cites it 2× “See § 817.563, Fla. Stat. (2002) (making it “unlawful for any person to agree, consent, or in any manner offer to unlawfully sell to any person a controlled substance .”
— 817.563(1) — 12 cases
Raines v. State (2009) fladistctapp
Anderson v. State (1994) fladistctapp
Abbott v. State (1993) fladistctapp
Mitchell v. State (1986) fladistctapp “This is an appeal from a conviction for offering to sell a controlled substance and substituting another substance in violation of section 817.563, Florida Statutes (1981).”
Thomas v. State (2005) fladistctapp
— 817.563(2) — 1 case
State v. Hricik (1984) fladistctapp
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.

This Florida statute resource is curated by Florida Bar member Graham W. Syfert, a Jacksonville, Florida criminal defense attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 817 matters in the context of fraud and white collar defense and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.