Florida Statute 893.101 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 893
DRUG ABUSE PREVENTION AND CONTROL

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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

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Amendments to 893.101

Arrestable Offenses / Crimes under Fla. Stat. 893.101

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 893.101.

Annotations, Discussions, Cases:

Cases Citing Statute 893.101

Total Results: 20

Goldsby v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-05T00:00:00-07:00

Snippet: 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

Court: Fla. Dist. Ct. App. | Date Filed: 2023-02-14T23:53:00-08:00

Snippet: 600, 605–06 (1994)), superseded by statute, § 893.101, Fla.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

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

Court: Fla. | Date Filed: 2020-02-05T23:53:00-08:00

Snippet: nature of the controlled substance, citing section 893.101, Florida Statutes. …illicit nature of the controlled substance. See § 893.101, Fla. Stat. § 893.1351(1), Florida Statutes…illicit nature of the controlled substance. See § 893.101, Fla. Stat. A special instruction may be…illicit nature of the controlled substance. See § 893.101, Fla. Stat. This instruction was adopted

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

Court: Fla. | Date Filed: 2020-01-15T23:53:00-08:00

Snippet: 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.

Court: Fla. | Date Filed: 2019-05-30T00:00:00-07:00

Citation: 272 So. 3d 243

Snippet: controlled substance, see sections 893.101(2) and 893.101(3), Florida Statutes (2018), are revised…knowledge of illicit nature. Give if applicable. § 893.101(2) and (3), Fla. Stat. Lack of knowledge…knowledge of illicit nature. Give if applicable. § 893.101(2) and (3), Fla. Stat. Lack of knowledge…knowledge of illicit nature. Give if applicable. § 893.101(2) and (3), Fla. Stat. Lack of knowledge…knowledge of illicit nature. Give if applicable. § 893.101(2) and (3), Fla. Stat. Lack of knowledge

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

Court: Fla. Dist. Ct. App. | Date Filed: 2018-05-17T00:53:00-07:00

Snippet: 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

Court: Fla. Dist. Ct. App. | Date Filed: 2018-05-17T00:53:00-07:00

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

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

Court: Fla. | Date Filed: 2018-03-22T00:53:00-07:00

Snippet: 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.

Court: Fla. | Date Filed: 2018-03-08T00:00:00-08:00

Citation: 238 So. 3d 182

Snippet: 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 2017-09.

Court: Fla. | Date Filed: 2018-03-08T00:00:00-08:00

Citation: 238 So. 3d 192

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

Thames v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-10-27T00:00:00-07:00

Citation: 230 So. 3d 566

Snippet: 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

Court: Fla. | Date Filed: 2017-04-27T00:00:00-07:00

Citation: 216 So. 3d 497

Snippet: ofthe-substaneey-but-did not hmv-efits-itticit natura- § 893.101 (2) and (3), Fla. Stat. Lack of knowledge…, but-d-id-noi-lmow-efti&HUeil nature-.- § 893.101(2) and (3), Fla. Stat. Lack of knowledge…substance,-but-did-iiot-Icnow of its illicit nattm* § 893.101 (2) and (3), Fla. Stat. Lack of knowledge…substance; but did-notlmow ofits illicit m&mh§ 893,101(2) and (3), Fla. Stat, Lack of knowledge…substanceT-but-did not-know of its-illicit isature? §893.101 (2) and (3), Fla. Stat, Lack of knowledge

Terrell v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-03-08T00:00:00-08:00

Citation: 212 So. 3d 1047

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

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

Court: Fla. | Date Filed: 2016-05-19T00:53:00-07:00

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

Court: Fla. | Date Filed: 2016-04-07T00:00:00-07:00

Citation: 191 So. 3d 291

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

Jonathon Knight v. State of Florida

Court: Fla. | Date Filed: 2016-03-10T00:00:00-08:00

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

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

Williams v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-02-03T00:00:00-08:00

Citation: 184 So. 3d 623

Snippet: knowledge of illicit nature. Give if applicable. § 893.101(2) and (3), Fla. Stat. Lack of knowledge…offense under that chapter. See § 893.101(2), Fla. Stat. (2014) (providing that lack of knowledge

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

Court: Fla. | Date Filed: 2014-12-11T00:00:00-08:00

Citation: 153 So. 3d 192

Snippet: Section 1. Section 893.101, Florida Statutes, is created to read: 893.101 Legislative findings…Also, the affirmative defense statute of section 893.101, Florida Statutes,, addresses only “knowledge of… challenge to the constitutionality of section 893.101, Florida Statutes (2011). 3 The lower…423. In its analysis of the constitutionality of 893.101, the plurality opinion said, “The statute does …, concurring in result). The effect of section 893.101 was to exclude “knowledge of the illicit nature

K.D.T. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-12-13T00:00:00-08:00

Citation: 128 So. 3d 254

Snippet: 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

Court: Fla. Dist. Ct. App. | Date Filed: 2013-09-23T00:00:00-07:00

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

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