Florida Statute 893.101 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 893
DRUG ABUSE PREVENTION AND CONTROL

View Entire Chapter

F.S. 893.101

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.

History.—s. 1, ch. 2002-258.

F.S. 893.101 on Google Scholar

F.S. 893.101 on CourtListener

Amendments to 893.101

Annotations, Discussions, Cases:

Cases Citing Statute 893.101

Total Results: 131

In Re Standard Inst. in Crim. Cases (No. 2005-3)

969 So. 2d 245, 2007 WL 3101743

Supreme Court of Florida | Filed: Oct 25, 2007 | Docket: 1403698

Cited 67 times | Published

chapter 2002-258, Laws of Florida (codified as section 893.101, Florida Statutes (2006)), which provides as

Flagg v. State

74 So. 3d 138, 2011 WL 4865137

District Court of Appeal of Florida | Filed: Oct 13, 2011 | Docket: 2357263

Cited 59 times | Published

requirement in the statute was eliminated by section 893.101, which provides in pertinent part that: The

Jonathon Knight v. State of Florida

186 So. 3d 1005, 41 Fla. L. Weekly Supp. 82, 2016 Fla. LEXIS 500, 2016 WL 916219

Supreme Court of Florida | Filed: Mar 10, 2016 | Docket: 3043382

Cited 52 times | Published

2002. Knight, 107 So.3d at 453 n. 5; see also, § 893.101, Fla. Stat. (2002); Ch.2002-258, § 1, at 1848

Garzon v. State

980 So. 2d 1038, 2008 WL 960750

Supreme Court of Florida | Filed: Apr 10, 2008 | Docket: 1420950

Cited 43 times | Published

instructions), superseded on other grounds by § 893.101, Fla. Stat. (2007); Davis v. State, 804 So.2d

State v. Adkins

96 So. 3d 412, 37 Fla. L. Weekly Supp. 449, 2012 Fla. LEXIS 1365, 2012 WL 2849485

Supreme Court of Florida | Filed: Jul 12, 2012 | Docket: 60311515

Cited 29 times | Published

establishing the affirmative defense available under section 893.101 will preclude the conviction of the defendant

State v. Odom

862 So. 2d 56, 2003 WL 22316815

District Court of Appeal of Florida | Filed: Oct 10, 2003 | Docket: 1762836

Cited 21 times | Published

2002) (noting that the legislature enacted section 893.101, Florida Statutes (2002), which has prospective

Little v. State

77 So. 3d 722, 2011 Fla. App. LEXIS 18177, 2011 WL 5554812

District Court of Appeal of Florida | Filed: Nov 16, 2011 | Docket: 1122321

Cited 20 times | Published

2006)[1], that section 893.13, as *723 amended by section 893.101, Florida Statutes (2002), is constitutional

State v. Kettell

980 So. 2d 1061, 2008 WL 1819421

Supreme Court of Florida | Filed: Apr 24, 2008 | Docket: 368318

Cited 17 times | Published

170-71 (Fla. 2002), superseded on other grounds by § 893.101, Fla. Stat. (2002), as recognized in Garcia v

Lee v. State

835 So. 2d 1177, 2002 WL 31870171

District Court of Appeal of Florida | Filed: Dec 26, 2002 | Docket: 1754964

Cited 16 times | Published

(Fla.2002). But for the recent enactment of section 893.101, Florida Statutes, effective May 13, 2002,

United States v. Paul Kenneth Pridgeon

853 F.3d 1192, 2017 WL 1337221, 2017 U.S. App. LEXIS 6251

Court of Appeals for the Eleventh Circuit | Filed: Apr 12, 2017 | Docket: 4684220

Cited 15 times | Published

controlled substance.” Fla. Stat. § 893.13. And § 893.101 of the Florida Statutes provides that “knowledge

United States v. Paul Kenneth Pridgeon

853 F.3d 1192, 2017 WL 1337221, 2017 U.S. App. LEXIS 6251

Court of Appeals for the Eleventh Circuit | Filed: Apr 12, 2017 | Docket: 4684220

Cited 15 times | Published

controlled substance.” Fla. Stat. § 893.13. And § 893.101 of the Florida Statutes provides that “knowledge

Dwight Dion Donawa v. U.S. Attorney General

735 F.3d 1275, 2013 WL 5944045, 2013 U.S. App. LEXIS 22635

Court of Appeals for the Eleventh Circuit | Filed: Nov 7, 2013 | Docket: 168725

Cited 13 times | Published

§ 893.13(l)(a)(2), as amended by Fla. Stat. § 893.101, is an aggravated felony as a matter of law. Although

Garcia v. State

901 So. 2d 788, 2005 WL 914184

Supreme Court of Florida | Filed: Apr 21, 2005 | Docket: 1666317

Cited 13 times | Published

that the holding in Chicone was superseded by section 893.101, Florida Statutes (2002). That statute provides

State v. Washington

114 So. 3d 182, 2012 WL 2400879, 2012 Fla. App. LEXIS 10401

District Court of Appeal of Florida | Filed: Jun 27, 2012 | Docket: 60231793

Cited 12 times | Published

13, Florida Statutes (2003), as amended by section 893.101, Florida Statutes (2003). Nearly five years

Maestas v. State

76 So. 3d 991, 2011 Fla. App. LEXIS 18981, 2011 WL 5964337

District Court of Appeal of Florida | Filed: Nov 30, 2011 | Docket: 60304619

Cited 12 times | Published

constitutionality of section 893.13 and conclude that section 893.101 does not create a strict liability crime. We

Balmori v. State

985 So. 2d 646, 2008 WL 2550757

District Court of Appeal of Florida | Filed: Jun 27, 2008 | Docket: 346975

Cited 12 times | Published

State, 901 So.2d 788, 792 n. 1 (Fla.2005) (citing § 893.101, Fla. Stat. (2002), which went into effect on

Snell v. State

939 So. 2d 1175, 2006 WL 3018232

District Court of Appeal of Florida | Filed: Oct 25, 2006 | Docket: 1657499

Cited 12 times | Published

crime was committed in 2001, which was before section 893.101, Florida Statutes, was amended, deleting the

Hargrove v. State

928 So. 2d 1254, 2006 WL 1410004

District Court of Appeal of Florida | Filed: May 24, 2006 | Docket: 1713799

Cited 12 times | Published

additional insight. [3] Since the enactment of section 893.101, Florida Statutes (2002), which became effective

Barrientos v. State

1 So. 3d 1209, 2009 Fla. App. LEXIS 793, 2009 WL 277439

District Court of Appeal of Florida | Filed: Feb 6, 2009 | Docket: 1653760

Cited 11 times | Published

nature of the substance in accordance with section 893.101.[5] However, the deletion of the word "knowingly"

Wright v. State

920 So. 2d 21, 2005 WL 1398026

District Court of Appeal of Florida | Filed: Jun 15, 2005 | Docket: 1441524

Cited 10 times | Published

process grounds, the facial constitutionality of section 893.101, Florida Statutes, amended to remove guilty

Norman v. State

826 So. 2d 440, 2002 WL 1971849

District Court of Appeal of Florida | Filed: Aug 28, 2002 | Docket: 1198215

Cited 10 times | Published

trial court by the defendant."). [2] Creating Section 893.101, Florida Statutes, Chapter 2002 258, section

Blunt v. State

831 So. 2d 770, 2002 WL 31696446

District Court of Appeal of Florida | Filed: Dec 4, 2002 | Docket: 1722878

Cited 9 times | Published

interpretation of the possession statute by enacting section 893.101 to make clear that knowledge of the illicit

Taylor v. State

13 So. 3d 77, 2009 Fla. App. LEXIS 5799, 2009 WL 1377914

District Court of Appeal of Florida | Filed: May 19, 2009 | Docket: 1659315

Cited 8 times | Published

ability to maintain dominion and control over it. § 893.101(1)-(2), Fla. Stat. (2006) (eliminating the defendant's

Garcia v. State

854 So. 2d 758, 2003 WL 22047227

District Court of Appeal of Florida | Filed: Sep 3, 2003 | Docket: 1747227

Cited 7 times | Published

drug paraphernalia"). The State relies on section 893.101, Florida Statutes (2002), which was adopted

Spabo v. United States Attorney General

837 F.3d 1172, 2016 WL 4978352

Court of Appeals for the Eleventh Circuit | Filed: Sep 19, 2016 | Docket: 4423141

Cited 6 times | Published

affirmative defense defined by Florida Statute § 893.101 (which includes a mens rea element) renders §

Burnette v. State

901 So. 2d 925, 2005 WL 954533

District Court of Appeal of Florida | Filed: Apr 27, 2005 | Docket: 1666241

Cited 6 times | Published

*927 challenge to the constitutionality of section 893.101, Florida Statutes (2003), we agree that the

Goodman v. State

839 So. 2d 902, 2003 WL 1086596

District Court of Appeal of Florida | Filed: Mar 13, 2003 | Docket: 137737

Cited 6 times | Published

366 (Fla.2002); Blunt, 831 So.2d at 771-72. Section 893.101, Florida Statutes (2002), may not be applied

Nash v. State

951 So. 2d 1003, 2007 WL 837205

District Court of Appeal of Florida | Filed: Mar 21, 2007 | Docket: 1280324

Cited 5 times | Published

Chicone v. State, 684 So.2d 736 (Fla.1996), in section 893.101, went only to the element of knowledge of the

Taylor v. State

929 So. 2d 665, 2006 WL 1330214

District Court of Appeal of Florida | Filed: May 17, 2006 | Docket: 2583308

Cited 5 times | Published

reject his primary contention for reversal that section 893.101, Florida Statutes (2003), which overruled Chicone

De La Cruz v. State

884 So. 2d 349, 2004 WL 2008266

District Court of Appeal of Florida | Filed: Sep 10, 2004 | Docket: 1683125

Cited 5 times | Published

the decision of the trial court. NOTES [1] Section 893.101(2), Florida Statutes (2002), was enacted on

Jones v. State

857 So. 2d 969, 2003 WL 22415368

District Court of Appeal of Florida | Filed: Oct 24, 2003 | Docket: 1759212

Cited 5 times | Published

is not subject to harmless error review"). Section 893.101, Florida Statutes (2002), which was adopted

Whitehurst v. State

852 So. 2d 902, 2003 WL 21818828

District Court of Appeal of Florida | Filed: Aug 8, 2003 | Docket: 1711003

Cited 5 times | Published

remanded. KELLY and CANADY, JJ., concur. NOTES [1] § 893.101, Fla. Stat. (2002).

Smith v. State

79 So. 3d 127, 2012 Fla. App. LEXIS 989, 2012 WL 204998

District Court of Appeal of Florida | Filed: Jan 25, 2012 | Docket: 453409

Cited 4 times | Published

(holding that section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional);

Adams v. State

76 So. 3d 367, 2011 Fla. App. LEXIS 20461, 2011 WL 6372968

District Court of Appeal of Florida | Filed: Dec 21, 2011 | Docket: 288691

Cited 4 times | Published

and hold that section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional

Person v. State

950 So. 2d 1270, 2007 WL 837183

District Court of Appeal of Florida | Filed: Mar 21, 2007 | Docket: 1501474

Cited 4 times | Published

omit the third element, based on section 893.101. In section 893.101(2), the legislature found that "knowledge

Thomas v. State

844 So. 2d 723, 2003 WL 21032048

District Court of Appeal of Florida | Filed: May 9, 2003 | Docket: 1197137

Cited 4 times | Published

could not be harmless error. [3] In creating section 893.101, Florida Statutes, Chapter 2002-258, section

Starling v. State

842 So. 2d 992, 2003 WL 1872492

District Court of Appeal of Florida | Filed: Apr 15, 2003 | Docket: 2375116

Cited 4 times | Published

for offenses committed after May 13, 2002. Section 893.101, Florida Statutes (2002). Appellant committed

Hernandez v. State

56 So. 3d 752, 35 Fla. L. Weekly Supp. 714, 2010 Fla. LEXIS 2083, 2010 WL 4977481

Supreme Court of Florida | Filed: Dec 9, 2010 | Docket: 60298635

Cited 3 times | Published

offenses occurring after the enactment of section 893.101). As to the remaining element of the offense

Williams v. State

45 So. 3d 14, 2010 Fla. App. LEXIS 10172, 2010 WL 2735650

District Court of Appeal of Florida | Filed: Jul 13, 2010 | Docket: 60296014

Cited 3 times | Published

at 552, the only one identified is whether section 893.101, Florida Statutes (2004), violated the due

Miller v. State

35 So. 3d 162, 2010 Fla. App. LEXIS 7311, 2010 WL 2076961

District Court of Appeal of Florida | Filed: May 26, 2010 | Docket: 751039

Cited 3 times | Published

In 2002, the Florida Legislature enacted section 893.101, Florida Statutes, which expressly provides

Nicholson v. State

33 So. 3d 107, 2010 Fla. App. LEXIS 5545, 2010 WL 1656857

District Court of Appeal of Florida | Filed: Apr 27, 2010 | Docket: 1648971

Cited 3 times | Published

2d DCA 2006) (noting the 2002 enactment of section 893.101(2), Florida Statutes, eliminated the requirement

Harris v. State

932 So. 2d 551, 2006 WL 1735118

District Court of Appeal of Florida | Filed: Jun 27, 2006 | Docket: 627993

Cited 3 times | Published

other issues, appellant argues that, because section 893.101, Florida Statutes (2004), eliminates knowledge

State v. Bell

882 So. 2d 468, 2004 WL 2071153

District Court of Appeal of Florida | Filed: Sep 17, 2004 | Docket: 1289615

Cited 3 times | Published

Fla. Stat. (2001). [3] In the instant case, section 893.101 of the Florida Statutes (2002) which established

JJN v. State

877 So. 2d 806, 2004 WL 1486003

District Court of Appeal of Florida | Filed: Jul 2, 2004 | Docket: 1285019

Cited 3 times | Published

instant case. [2] The Legislature enacted section 893.101, Florida Statutes (2002), to eliminate the

Barnes v. State

864 So. 2d 1200, 2004 WL 61239

District Court of Appeal of Florida | Filed: Jan 14, 2004 | Docket: 1425675

Cited 3 times | Published

contemporaneous objection rule). The enactment of section 893.101, Florida Statutes (2002), which became effective

Blanco v. State

89 So. 3d 933, 2012 WL 1020016, 2012 Fla. App. LEXIS 4773

District Court of Appeal of Florida | Filed: Mar 28, 2012 | Docket: 60308851

Cited 2 times | Published

section 893.13, Florida Statutes, as amended by section 893.101, Florida Statutes (2002) is constitutional);

Quick v. State

46 So. 3d 1159, 2010 Fla. App. LEXIS 16641, 2010 WL 4320412

District Court of Appeal of Florida | Filed: Nov 3, 2010 | Docket: 2397830

Cited 2 times | Published

State, 830 So.2d 234, 236 (Fla. 4th DCA 2002). Section 893.101(2) states that the "[l]ack of knowledge of

Johnson v. State

37 So. 3d 975, 2010 Fla. App. LEXIS 8982, 2010 WL 2484351

District Court of Appeal of Florida | Filed: Jun 22, 2010 | Docket: 335955

Cited 2 times | Published

legislature clearly expressed its intent in section 893.101, Florida Statutes, by stating that "knowledge

Links v. State

927 So. 2d 241, 2006 WL 1194305

District Court of Appeal of Florida | Filed: May 5, 2006 | Docket: 1765440

Cited 2 times | Published

the controlled substance is no longer required. § 893.101, Fla. Stat. (2003). At the conclusion of the State's

Tolbert v. State

925 So. 2d 1148, 2006 WL 1083904

District Court of Appeal of Florida | Filed: Apr 26, 2006 | Docket: 2558644

Cited 2 times | Published

conviction for possession of cocaine under section 893.101, Florida Statutes (2003), arguing that a jury

Finklea v. State

920 So. 2d 156, 2006 WL 249547

District Court of Appeal of Florida | Filed: Feb 3, 2006 | Docket: 1730756

Cited 2 times | Published

paraphernalia, raised as an affirmative defense. See § 893.101, Fla. Stat. (2003). Appellant argues that the

Mitchell v. State

911 So. 2d 1278, 2005 WL 2439209

District Court of Appeal of Florida | Filed: Oct 5, 2005 | Docket: 1751842

Cited 2 times | Published

for us to address appellant's argument that section 893.101, Florida Statutes (2003), which eliminated

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-09.

238 So. 3d 192

Supreme Court of Florida | Filed: Mar 8, 2018 | Docket: 6327897

Cited 1 times | Published

the controlled substance. See § 893.101, Fla. Stat. *203 § 893.1351(1)

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2013-05

153 So. 3d 192, 2014 WL 6977938

Supreme Court of Florida | Filed: Dec 11, 2014 | Docket: 2613862

Cited 1 times | Published

” Also, the affirmative defense statute of section 893.101, Florida Statutes,, addresses only “knowledge

Mackle Vincent Shelton v. Secretary, Department of Corrections

691 F.3d 1348, 2012 WL 3640966, 2012 U.S. App. LEXIS 17992

Court of Appeals for the Eleventh Circuit | Filed: Aug 24, 2012 | Docket: 593280

Cited 1 times | Published

enacted a statute, now codified at Fla. Stat. § 893.101, amending the Drug Abuse Prevention and Control

Smith v. State

95 So. 3d 966, 2012 WL 3537226, 2012 Fla. App. LEXIS 13621

District Court of Appeal of Florida | Filed: Aug 17, 2012 | Docket: 60311355

Cited 1 times | Published

and physical evidence, and he argues that section 893.101, *967Florida Statutes, renders the statute

Basulto-Rodriguez v. State

95 So. 3d 403, 2012 WL 3192797, 2012 Fla. App. LEXIS 13059

District Court of Appeal of Florida | Filed: Aug 8, 2012 | Docket: 60311212

Cited 1 times | Published

ability to maintain dominion and control over it. § 893.101(1)-(2), Fla. Stat. (2006) (eliminating the defendant’s

Giraldo v. State

82 So. 3d 1228, 2012 WL 1019998, 2012 Fla. App. LEXIS 4782

District Court of Appeal of Florida | Filed: Mar 28, 2012 | Docket: 2580101

Cited 1 times | Published

(holding that section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional);

DIAZ-MURIELL v. State

81 So. 3d 552, 2012 WL 469826, 2012 Fla. App. LEXIS 2172

District Court of Appeal of Florida | Filed: Feb 15, 2012 | Docket: 2571824

Cited 1 times | Published

(holding that section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional);

Crump v. State

81 So. 3d 553, 2012 WL 469815, 2012 Fla. App. LEXIS 2170

District Court of Appeal of Florida | Filed: Feb 15, 2012 | Docket: 2570140

Cited 1 times | Published

(holding that section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional);

Edwards v. State

77 So. 3d 676, 2011 Fla. App. LEXIS 16903, 2011 WL 5061344

District Court of Appeal of Florida | Filed: Oct 26, 2011 | Docket: 450063

Cited 1 times | Published

(rejecting claim of unconstitutionality of section 893.101, Florida Statutes (2003)).

Shelton v. Secretary, Department of Corrections

802 F. Supp. 2d 1289, 2011 U.S. Dist. LEXIS 86898, 2011 WL 3236040

District Court, M.D. Florida | Filed: Jul 27, 2011 | Docket: 65975126

Cited 1 times | Published

Fla. Stat. § 893.13, as amended by Fla. Stat. § 893.101. By this enactment, Florida became the only state

Edison v. State

954 So. 2d 1235, 2007 WL 1159716

District Court of Appeal of Florida | Filed: Apr 20, 2007 | Docket: 1652141

Cited 1 times | Published

omit the third element, based on section 893.101. In section 893.101(2), the legislature found that "knowledge

Kettell v. State

950 So. 2d 505, 2007 WL 677217

District Court of Appeal of Florida | Filed: Mar 7, 2007 | Docket: 1501289

Cited 1 times | Published

1953)), superseded on other grounds by statute, § 893.101, Fla. Stat. (2002), as recognized in Garcia v

Lavoski Jackson v. State of Florida

District Court of Appeal of Florida | Filed: Apr 16, 2025 | Docket: 69899470

Published

substance in his or her possession does not render section 893.101(1)(c)191. unconstitutionally vague. While

Goldsby v. State of Florida

District Court of Appeal of Florida | Filed: Jun 5, 2024 | Docket: 68829286

Published

of trafficking in methamphetamine or heroin. § 893.101(2), Fla. Stat. Lack of such knowledge is, instead

T.R.W., A CHILD v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 15, 2023 | Docket: 66814479

Published

600, 605–06 (1994)), superseded by statute, § 893.101, Fla. Stat. (2011), as recognized in State v.

United States v. Eugene Jackson

Court of Appeals for the Eleventh Circuit | Filed: Jun 10, 2022 | Docket: 63375807

Published

an affirmative defense’”) (quoting Fla. Stat. § 893.101(2)). USCA11 Case: 21-13963 Date Filed: 06/10/2022

United States v. Eugene Jackson

Court of Appeals for the Eleventh Circuit | Filed: Jun 10, 2022 | Docket: 63381032

Published

an affirmative defense’”) (quoting Fla. Stat. § 893.101(2)). USCA11 Case: 21-13963 Date Filed: 06/10/2022

Solomon Chamu v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit | Filed: Jan 26, 2022 | Docket: 62630576

Published

of the substance’s illicit nature. Fla. Stat. § 893.101(3). But it also allows a defendant to assert an

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-03

Supreme Court of Florida | Filed: Feb 6, 2020 | Docket: 16811588

Published

nature of the controlled substance, citing section 893.101, Florida Statutes.

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-09

Supreme Court of Florida | Filed: Jan 16, 2020 | Docket: 16761638

Published

knowledge of illicit nature. Give if applicable. § 893.101(2) and (3), Fla. Stat. Lack of knowledge

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-12.

272 So. 3d 243

Supreme Court of Florida | Filed: May 30, 2019 | Docket: 15696547

Published

knowledge of illicit nature. Give if applicable. § 893.101(2) and (3), Fla. Stat. Lack of knowledge

Shariff David Bula Lopez v. U.S. Attorney General

909 F.3d 388

Court of Appeals for the Eleventh Circuit | Filed: Nov 21, 2018 | Docket: 8223832

Published

offenses in 2002. See Fla. Stat. § 893.101 .

S. S., A Child v. State of Florida

242 So. 3d 532

District Court of Appeal of Florida | Filed: May 17, 2018 | Docket: 6742532

Published

See Ch. 2002-258, § 1, at 1848, Laws of Fla; § 893.101(2), Fla. Stat. (2018) (“[K]nowledge of the illicit

S. S., A Child v. State of Florida

District Court of Appeal of Florida | Filed: May 17, 2018 | Docket: 6771558

Published

See Ch. 2002-258, § 1, at 1848, Laws of Fla; § 893.101(2), Fla. Stat. (2018) (“[K]nowledge of the illicit

Waling Choizilme v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit | Filed: Mar 30, 2018 | Docket: 6351029

Published

explained that, prior to the enactment of Fla. Stat. § 893.101, the Florida Supreme Court had held that the mens

Waling Choizilme v. U.S. Attorney General

886 F.3d 1016

Court of Appeals for the Eleventh Circuit | Filed: Mar 30, 2018 | Docket: 6350782

Published

that, prior to the enactment of Fla. Stat. § 893.101 , the Florida Supreme Court had held that

In Re: Standard Jury Instructions in Criminal Cases - Report 2017-03 – Corrected Opinion

Supreme Court of Florida | Filed: Mar 22, 2018 | Docket: 6342214

Published

knowledge of illicit nature. Give if applicable. § 893.101(2) and (3), Fla. Stat. Lack of knowledge

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-03.

238 So. 3d 182

Supreme Court of Florida | Filed: Mar 8, 2018 | Docket: 6327898

Published

knowledge of illicit nature. Give if applicable. § 893.101(2) and (3), Fla. Stat. Lack of knowledge

Thames v. State

230 So. 3d 566

District Court of Appeal of Florida | Filed: Oct 27, 2017 | Docket: 6181365

Published

nature of the contraband effective May 13, 2002. § 893.101, Fla. Stat. (2002); ch. 2002-258,- § 1, at 1848

In Re: Standard Jury Instructions in Criminal Cases-Report 2016-09

216 So. 3d 497

Supreme Court of Florida | Filed: Apr 27, 2017 | Docket: 5813561

Published

ofthe-substaneey-but-did not hmv-efits-itticit natura- § 893.101 (2) and (3), Fla. Stat. Lack of knowledge

Terrell v. State

212 So. 3d 1047, 2017 WL 922393, 2017 Fla. App. LEXIS 3102

District Court of Appeal of Florida | Filed: Mar 8, 2017 | Docket: 60262712

Published

171 (Fla. 2002), superseded on other grounds by § 893.101, Fla. Stat. (2002), as recognized in State v.

Terrell v. State

212 So. 3d 1047, 2017 WL 922393, 2017 Fla. App. LEXIS 3102

District Court of Appeal of Florida | Filed: Mar 8, 2017 | Docket: 60262712

Published

171 (Fla. 2002), superseded on other grounds by § 893.101, Fla. Stat. (2002), as recognized in State v.

In Re: Standard Jury Instructions in Criminal Cases - Report No. 2015-03 – Corrected Opinion

Supreme Court of Florida | Filed: May 19, 2016 | Docket: 3065478

Published

substance, but did not know of its illicit nature. § 893.101(2) and (3), Fla. Stat. Lack of knowledge

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2015-03

191 So. 3d 291, 2016 WL 1375710

Supreme Court of Florida | Filed: Apr 7, 2016 | Docket: 3051607

Published

substance, but did not know of its illicit nature. § 893.101(2) and (3), Fla. Stat. Lack of knowledge

Williams v. State

184 So. 3d 623, 2016 Fla. App. LEXIS 1409, 2016 WL 403202

District Court of Appeal of Florida | Filed: Feb 3, 2016 | Docket: 3033840

Published

knowledge of illicit nature. Give if applicable. § 893.101(2) and (3), Fla. Stat. Lack of knowledge

K.D.T. v. State

128 So. 3d 254, 2013 WL 6510901, 2013 Fla. App. LEXIS 19799

District Court of Appeal of Florida | Filed: Dec 13, 2013 | Docket: 60237052

Published

is an affirmative defense to that crime. See § 893.101, Fla. Stat. (2011); Fla. Std. Jury Instr. (Crim

Westphal v. City of St. Petersburg/City of St. Petersburg Risk Management

122 So. 3d 440, 2013 WL 5302584, 2013 Fla. App. LEXIS 15084

District Court of Appeal of Florida | Filed: Sep 23, 2013 | Docket: 60234695

Published

96 So.3d 412, 415 (Fla.2012) (discussing section 893.101, which was adopted in response to Scott v.

Stevens v. State

120 So. 3d 1258, 2013 WL 4824043, 2013 Fla. App. LEXIS 14460

District Court of Appeal of Florida | Filed: Sep 11, 2013 | Docket: 60233900

Published

State, - So.3d - (Fla. 3d DCA 2013); see also § 893.101(1)-(2), Fla. Stat. (2006); People v. Macias, 299

In re Standard Jury Instructions in Criminal Cases-Instructions 25.9-25.13

112 So. 3d 1211, 2013 WL 1664379

Supreme Court of Florida | Filed: Apr 18, 2013 | Docket: 60230991

Published

instructions have been in place since 2007, after section 893.101, Florida Statutes, was enacted, I would not

Bass v. State

103 So. 3d 933, 2012 Fla. App. LEXIS 19748, 2012 WL 5500513

District Court of Appeal of Florida | Filed: Nov 14, 2012 | Docket: 60227260

Published

appellant’s challenge to the constitutionality of section 893.101, Florida Statutes (2008), we affirm. See State

O.S. v. State

100 So. 3d 230, 2012 Fla. App. LEXIS 18879, 2012 WL 5349851

District Court of Appeal of Florida | Filed: Oct 31, 2012 | Docket: 60225721

Published

because a lack of a mens rea requirement in section 893.101, Florida Statutes (2011), renders the possession

O.S. v. State

100 So. 3d 230, 2012 Fla. App. LEXIS 18879, 2012 WL 5349851

District Court of Appeal of Florida | Filed: Oct 31, 2012 | Docket: 60225721

Published

because a lack of a mens rea requirement in section 893.101, Florida Statutes (2011), renders the possession

Benbow v. State

98 So. 3d 261, 2012 WL 4840704, 2012 Fla. App. LEXIS 17766

District Court of Appeal of Florida | Filed: Oct 12, 2012 | Docket: 60312271

Published

appeal, she challenges the constitutionality of section 893.101, Florida Statutes (2009), based on the reasoning

Fagan v. State

96 So. 3d 1023, 2012 Fla. App. LEXIS 14001, 2012 WL 3586779

District Court of Appeal of Florida | Filed: Aug 22, 2012 | Docket: 60311377

Published

(2009), is facially unconstitutional in that Section 893.101, Florida Statutes (2009), eliminated mens rea

Fonseca v. State

114 So. 3d 1010, 2012 WL 3535839, 2012 Fla. App. LEXIS 13670

District Court of Appeal of Florida | Filed: Aug 17, 2012 | Docket: 60231690

Published

section 893.13, Florida Statutes, as amended by section 893.101, Florida Statutes, is facially unconstitutional

McBurrows v. State

93 So. 3d 462, 2012 WL 2913214, 2012 Fla. App. LEXIS 11679

District Court of Appeal of Florida | Filed: Jul 18, 2012 | Docket: 60310606

Published

of the four counts. Second, he argues that section 893.101, Florida Statutes (2002), is facially unconstitutional

Beckles v. State

92 So. 3d 281, 2012 Fla. App. LEXIS 11123, 2012 WL 2814121

District Court of Appeal of Florida | Filed: Jul 11, 2012 | Docket: 60310190

Published

(holding that “section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional”;

Williams v. State

90 So. 3d 994, 2012 WL 2400951, 2012 Fla. App. LEXIS 10405

District Court of Appeal of Florida | Filed: Jun 27, 2012 | Docket: 60309749

Published

2011), in which the federal court held that section 893.101 violates due process and is unconstitutional

Roche v. State

89 So. 3d 1142, 2012 WL 2327775, 2012 Fla. App. LEXIS 9851

District Court of Appeal of Florida | Filed: Jun 20, 2012 | Docket: 60308575

Published

(holding that section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional);

Gardner v. State

89 So. 3d 1073, 2012 WL 2012426, 2012 Fla. App. LEXIS 8892

District Court of Appeal of Florida | Filed: Jun 6, 2012 | Docket: 60308520

Published

(holding that “section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional”;

Bryant v. State

89 So. 3d 1073, 2012 WL 2012499, 2012 Fla. App. LEXIS 8919

District Court of Appeal of Florida | Filed: Jun 6, 2012 | Docket: 60308521

Published

(holding that “section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional”;

Rose v. State

89 So. 3d 1053, 2012 WL 1938737, 2012 Fla. App. LEXIS 8638

District Court of Appeal of Florida | Filed: May 30, 2012 | Docket: 60308498

Published

(holding that “section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional”;

Delancy v. Tucker

88 So. 3d 1036, 2012 WL 1912421, 2012 Fla. App. LEXIS 8558

District Court of Appeal of Florida | Filed: May 29, 2012 | Docket: 60308118

Published

section 893.13, Florida Statutes, as amended by section 893.101, Florida Statutes, is facially unconstitutional

Walker v. State

89 So. 3d 1010, 2012 WL 1861118, 2012 Fla. App. LEXIS 8145

District Court of Appeal of Florida | Filed: May 23, 2012 | Docket: 60308481

Published

(holding that section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional);

Alvarez v. State

88 So. 3d 430, 2012 WL 1699330, 2012 Fla. App. LEXIS 7620

District Court of Appeal of Florida | Filed: May 16, 2012 | Docket: 60308294

Published

2011) (holding “section 89.13, as amended by section 893.101, Florida Statutes (2002), is constitutional

Page v. State

88 So. 3d 359, 2012 WL 1605349, 2012 Fla. App. LEXIS 7228

District Court of Appeal of Florida | Filed: May 9, 2012 | Docket: 60308252

Published

(holding that section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional);

Lundy v. State

88 So. 3d 359, 2012 WL 1605323, 2012 Fla. App. LEXIS 7226

District Court of Appeal of Florida | Filed: May 9, 2012 | Docket: 60308250

Published

(holding that “section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional”;

Hill v. State

88 So. 3d 360, 2012 WL 1605383, 2012 Fla. App. LEXIS 7230

District Court of Appeal of Florida | Filed: May 9, 2012 | Docket: 60308254

Published

(holding that section 893.13, as amended by section 893.101. Florida Statutes (2002), is constitutional);

Mack v. State

91 So. 3d 868, 2012 WL 1368185, 2012 Fla. App. LEXIS 6164

District Court of Appeal of Florida | Filed: Apr 20, 2012 | Docket: 60309992

Published

possession statute was amended by the enactment of section 893.101, Florida Statutes, on May 13, 2002, as a legislative

Piratova v. State

87 So. 3d 67, 2012 Fla. App. LEXIS 5941, 2012 WL 1314215

District Court of Appeal of Florida | Filed: Apr 18, 2012 | Docket: 60308029

Published

(holding that “section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional”;

Gonzalez v. State

87 So. 3d 68, 2012 WL 1370896, 2012 Fla. App. LEXIS 5947

District Court of Appeal of Florida | Filed: Apr 18, 2012 | Docket: 60308033

Published

(holding that section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional);

Diaz v. State

85 So. 3d 1184, 2012 Fla. App. LEXIS 5957, 2012 WL 1370899

District Court of Appeal of Florida | Filed: Apr 18, 2012 | Docket: 60307052

Published

(holding that section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional);

Rodriguez v. State

84 So. 3d 1199, 2012 WL 1108513, 2012 Fla. App. LEXIS 5093

District Court of Appeal of Florida | Filed: Apr 4, 2012 | Docket: 60306623

Published

(holding that section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional);

Rosier v. State

84 So. 3d 1196, 2012 WL 1108410, 2012 Fla. App. LEXIS 5182

District Court of Appeal of Florida | Filed: Apr 4, 2012 | Docket: 2414454

Published

991, 996 (Fla. 4th DCA 2011) ("We hold that section 893.101 did not remove scienter from section 893.13

Diaz v. State

84 So. 3d 1144, 2012 Fla. App. LEXIS 4778, 2012 WL 1020026

District Court of Appeal of Florida | Filed: Mar 28, 2012 | Docket: 60306605

Published

(holding that section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional);

Woods v. State

83 So. 3d 989, 2012 WL 1020028, 2012 Fla. App. LEXIS 4779

District Court of Appeal of Florida | Filed: Mar 28, 2012 | Docket: 60306568

Published

(holding that section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional);

Denson v. State

83 So. 3d 956, 2012 WL 832869, 2012 Fla. App. LEXIS 4019

District Court of Appeal of Florida | Filed: Mar 14, 2012 | Docket: 60306546

Published

(holding that section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional);

Denson v. State

83 So. 3d 956, 2012 WL 832869, 2012 Fla. App. LEXIS 4019

District Court of Appeal of Florida | Filed: Mar 14, 2012 | Docket: 60306546

Published

(holding that section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional);

Carreras v. State

81 So. 3d 590, 2012 Fla. App. LEXIS 3355, 2012 WL 669405

District Court of Appeal of Florida | Filed: Mar 2, 2012 | Docket: 1934276

Published

drug paraphernalia, should be vacated because section 893.101, Florida Statutes (2009) has been held to be

Young v. State

75 So. 3d 351, 2011 Fla. App. LEXIS 18142, 2011 WL 5561646

District Court of Appeal of Florida | Filed: Nov 16, 2011 | Docket: 60303699

Published

2d 1289 (M.D.Fla.2011). Shelton holds that section 893.101, Florida Statutes, which provides that knowledge

Velez v. State

77 So. 3d 685, 2011 Fla. App. LEXIS 17778, 2011 WL 5375056

District Court of Appeal of Florida | Filed: Nov 9, 2011 | Docket: 60304753

Published

decisions, the Florida Legislature in 2002 enacted section 893.101, Florida Statutes, which expressly provides

Rither v. State

39 So. 3d 534, 2010 Fla. App. LEXIS 10134, 2010 WL 2754435

District Court of Appeal of Florida | Filed: Jul 13, 2010 | Docket: 60294910

Published

13 So.3d 77, 80 (Fla. 1st DCA 2009) (citing § 893.101(1)-(2), Fla. Stat. (2006)); Links v. State, 927

Pigford v. State

935 So. 2d 93, 2006 Fla. App. LEXIS 13015, 2006 WL 2191262

District Court of Appeal of Florida | Filed: Aug 4, 2006 | Docket: 64845954

Published

made aware of the holding in Chicone enacted section 893.101, Florida Statutes, by which it declared that

McGahee v. State

929 So. 2d 713, 2006 Fla. App. LEXIS 8227, 2006 WL 1418678

District Court of Appeal of Florida | Filed: May 25, 2006 | Docket: 64844750

Published

date of the offense preceded the enactment of section 893.101, Florida Statutes, which provides that knowledge

Smith v. State

901 So. 2d 1000, 2005 Fla. App. LEXIS 7283, 2005 WL 1162933

District Court of Appeal of Florida | Filed: May 18, 2005 | Docket: 64838125

Published

challenges the facial constitutionality of section 893.101, Florida Statutes (2003), amended to eliminate

J.J.N. v. State

877 So. 2d 806, 2004 Fla. App. LEXIS 9711

District Court of Appeal of Florida | Filed: Jul 2, 2004 | Docket: 64831838

Published

instant case. . The Legislature enacted section 893.101, Florida Statutes (2002), to eliminate the

Gordon v. State

858 So. 2d 359, 2003 Fla. App. LEXIS 16506, 2003 WL 22453876

District Court of Appeal of Florida | Filed: Oct 30, 2003 | Docket: 64826207

Published

possession for offenses committed after May 13, 2002. § 893.101, Fla. Stat. (2002). However, appellant committed

Glasgow v. State

857 So. 2d 356, 2003 Fla. App. LEXIS 15860, 2003 WL 22415127

District Court of Appeal of Florida | Filed: Oct 24, 2003 | Docket: 64825899

Published

legislature’s enactment (effective May 13, 2002) of section 893.101, Florida Statutes, which now requires an accused

Sandifer v. State

851 So. 2d 788, 2003 Fla. App. LEXIS 11088, 2003 WL 21697309

District Court of Appeal of Florida | Filed: Jul 23, 2003 | Docket: 64824267

Published

however, by the legislature’s en*790actment of section 893.101, Florida Statutes (2002), which states the