Florida/Georgia Personal Injury & Workers Compensation

...A reasonable doubt as to the guilt of the defendant may arise from the evidence, conflict in the evidence or the lack of evidence. If you have a reasonable doubt, you should find the defendant not guilty. If you have no reasonable doubt, you should find the defendant guilty. (2) TRAFFICKING IN COCAINE F.S. 893.135(1)(b) [Amended] Certain drugs and chemical substances are by law known as "controlled substances." Cocaine or any mixture containing cocaine is a controlled substance....

...(Defendant) knowingly [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] a certain substance. 2. The substance was [cocaine] [a mixture containing cocaine]. 3. The quantity of the substance involved was 28 grams or more. Note to Judge If applicable, the judge should instruct the jury on F.S. 893.135(2)....

...[possess] (specific substance alleged). 4. (Defendant) knew that the substance was [cocaine] [a mixture containing cocaine]. See State v. Dominguez, 509 So.2d 917 (Fla. 1987) Note to Judge If applicable under the facts of the case and pursuant to F.S. 893.135(2), the following bracketed language should be given instead of element 4 above....

...For example, if it is alleged that the defendant intended to sell heroin but actually sold cocaine, the alternate element 4 would be given. [4. (Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an *87 enumerated controlled substance in F.S. 893.135 (i)), but actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] cocaine or a mixture containing cocaine.] Definitions; give as applicable Sell "Sell" means to transfer or deliver something to another per...

...[The quantity of the substance involved was 200 grams or more but less than 400 grams.] c. [The quantity of the substance involved was 400 grams or more but less than 150 kilograms.] d. [The quantity of the substance involved was 150 kilograms or more but less than 300 kilograms.] TRAFFICKING IN CANNABIS F.S. 893.135(1)(a) [Amended] Certain drugs and chemical substances are by law known as "controlled substances." Cannabis is a controlled substance....

...(Defendant) knowingly [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] a certain substance. 2. The substance was cannabis. 3. The quantity of the cannabis involved was in excess of 100 50 pounds. Note to Judge If applicable, the judge should instruct the jury on F.S. 893.135(2)....

...(Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (specific substance alleged). See State v. Dominguez, 509 So.2d 917 (Fla. 1987) 4. (a) (Defendant) knew that the substance was cannabis. Note to Judge If applicable under the facts of the case and pursuant to F.S. 893.135(2), the following bracketed language should be given instead of element 4 above....

...For example, if it is alleged that the defendant intended to sell heroin, but actually sold cannabis, the alternate element 4 would be given. [4. (Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in F.S. 893.135 (l)), but actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] cannabis.] [Except for the last paragraph, the remaining paragraphs of this instruction are identical to the corresponding paragraphs of the Trafficking in Cocaine instruction....

...[The quantity of the substance involved was in excess of 100 50 pounds but less than 2,000 pounds.] b. [The quantity of the substance involved was 2,000 pounds or more but less than 10,000 pounds.] c. [The quantity of the substance involved was 10,000 pounds or more.] TRAFFICKING IN PHENCYCLIDINE F.S. 893.135(1)(d) [Amended] [Except for the name of the controlled substance and except for the last paragraph, this instruction is identical to the Trafficking in Cocaine instruction....

...[The quantity of the substance involved was in excess of 28 grams but less than 200 grams.] b. [The quantity of the substance involved was 200 grams or more but less than 400 grams.] c. [The quantity of the substance involved was 400 grams or more but less than 800 grams.] TRAFFICKING IN METHAQUALONE F.S. 893.135(1)(e) [Amended] [Except for the name of the controlled substance and except for the last paragraph, this instruction is identical to the Trafficking in Cocaine instruction....

...[The quantity of the substance involved was in excess of 200 grams but less than 5 kilograms.] b. [The quantity of the substance involved was 5 kilograms or more but less than 25 kilograms.] c. [The quantity of the substance involved was 25 kilograms or more but less than 50 kilograms.] TRAFFICKING IN ILLEGAL DRUGS F.S. 893.135(1)(c) [Amended] [Except for the name of the controlled substance and except for the last paragraph, this instruction is identical to the Trafficking in Cocaine instruction....

...additional instruction may be required. See State v. Medlin, 273 So.2d 394 (Fla. 1973). 2. Note F.S. 893.13(1)(f)(g) if the charge involves possession or delivery without consideration of not more than 20 grams of cannabis. TRAFFICKING IN CANNABIS F.S. 893.135(1)(a) Certain drugs and chemical substances are by law known as "controlled substances." Cannabis is a controlled substance....

...(Defendant) knowingly [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] a certain substance 2. The substance was cannabis. 3. The quantity of the cannabis involved was in excess of 100 pounds. Note to Judge If applicable, the judge should instruct the jury on F.S. 893.135(2)....

...[The quantity of the substance involved was in excess of 100 pounds but less than 2,000 pounds.] b. [The quantity of the substance involved was 2,000 pounds or more but less than 10,000 pounds.] c. [The quantity of the substance involved was 10,000 pounds or more.] TRAFFICKING IN COCAINE F.S. 893.135(1)(b) Certain drugs and chemical substances are by law known as "controlled substances." Cocaine or any mixture containing cocaine is a controlled substance....

...(Defendant) knowingly [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] a certain substance 2. The substance was [cocaine] [a mixture containing cocaine]. 3. The quantity of the substance involved was 28 grams or more. Note to Judge If applicable, the judge should instruct the jury on F.S. 893.135(2)....

...[The quantity of the substance involved was in excess of 28 grams but less than 200 grams.] b. [The quantity of the substance involved was 200 grams or more but less than 400 grams.] c. [The quantity of the substance involved was 400 grams or more.] TRAFFICKING IN ILLEGAL DRUGS F.S. 893.135(1)(c) Certain drugs and chemical substances are by law known as "controlled substances." (specific substance alleged) is a controlled substance....

...nce *1224 2. The substance was [specific substance alleged).] [a mixture containing (specific substance alleged)]. 3. The quantity of the substance involved was four grams or more. Note to Judge If applicable, the judge should instruct the jury on F.S. 893.135(2)....

...involved was in excess of 4 grams but less than 14 grams.] b.[The quantity of the substance involved was 14 grams or more but less than 28 grams.] c.[The quantity of the substance involved was 28 grams or more.] *1225 TRAFFICKING IN PHENCYCLIDINE F.S. 893.135(1)(d) Certain drugs and chemical substances are by law known as "controlled substances." Phencyclidine or any mixture containing phencyclidine is a controlled substance....

...rida] [possessed] a certain substance 2. The substance was [phencyclidine] [a mixture containing phencyclidine]. 3. The quantity of the phencyclidine involved was 28 grams or more. Note to Judge If applicable, the judge should instruct the jury on F.S. 893.135(2)....

...[The quantity of the substance involved was in excess of 28 grams but less than 200 grams.] b. [The quantity of the substance involved was 200 grams or more but less than 400 grams.] c. [The quantity of the substance involved was 400 grams or more.] TRAFFICKING IN METHAQUALONE F.S. 893.135(1)(e) Certain drugs and chemical substances are by law known as "controlled substances." Methaqualone or any mixture containing methaqualone is a controlled substance....

...lorida] [possessed] a certain substance 2. The substance was [methaqualone] [a mixture containing methaqualone]. 3. The quantity of the methaqualone involved was 200 grams or more. Note to Judge If applicable, the judge should instruct the jury on F.S. 893.135(2)....

...ery, possession None Attempt, except when with intent to delivery is charged deliver, or manufacture with intent to deliver drug paraphernalia — 893.147(2) Delivery of drug None None paraphernalia to a minor — 893.147(3) Trafficking in cannabis — 893.135(1)(a) None [*********] Attempt, except when delivery is charged 893.13(1)(a) if sale, manufacture or delivery is charged Bringing cannabis into state — 893.13(1)(d) Possession of cannabis — 893.13(1)(e)(f) Possession or delivery of cannabis — 893.13(1)(f)(g) Trafficking in cocaine None [*********] Attempt, except when — 893.135(1)(b) delivery is charged 893.13(1)(a) if sale, manufacture or delivery is charged Bringing cocaine into state — 893.13(1)(d) Possession of cocaine — 893.13(1)(e)(f) Trafficking in illegal None [*********] Attempt, except when drugs — 893.135(1)(c) delivery is charged 893.13(1)(a) if sale, manufacture or delivery is charged Bringing same illegal drug as charged into state — 893.13(1)(d) Possession of same illegal drug — 893.13(1)(e)(f) Trafficking in None [*********] Attempt, except when phencyclidine delivery is charged — 893.135(1)(d) 893.13(1)(a) if sale, manufacture or delivery is charged Bringing phencyclidine into state — 893.13(1)(d) Possession of phencyclidine — 893.13(1)(e)(f) Trafficking in None [*********] Attempt, except when methaqualone delivery is charged — 893.135(1)(d) *1242 893.13(1)(a) if sale, manufacture or delivery is charged Bringing methaqualone into state — 893.13(1)(d) Possession of methaqualone — 893.13(1)(e)(f) Contraband — 951.22 None The nature of the contraband may give rise to misdemeanor, lesser included offenses See Cooper v....

...[11] This Court's decision in State v. Benitez, 395 So.2d 514 (Fla.1981), cited in the dissenting opinion at 359, is not inconsistent with this conclusion. In Benitez, the Court addressed a separation of powers challenge to a drug trafficking statute (section 893.135, Florida Statutes) which established severe mandatory minimum sentences for trafficking in various types of illegal drugs, prevented the trial court from suspending, deferring or withholding the adjudication of guilt or the imposition...

...court for further proceedings. Patrick Weller was arrested in an undercover drug investigation and charged with two offenses. First, he was accused of committing the first-degree felony of trafficking in 400 grams or more of cocaine in violation of section 893.135(1)(b)(3), Florida Statutes (1983). This offense carries a minimum mandatory sentence of fifteen calendar years and a fine of $250,000. Id. Second, he was charged with the separate first-degree felony of conspiracy to traffic in 400 grams or more of cocaine in violation of section 893.135(4), Florida Statutes (1983) — a crime that also carries a fifteen-year minimum mandatory sentence and a fine of $250,000....

...(a), 777.04(3), Fla. Stat. (1983); (2) the first-degree felony of conspiracy to traffic in cocaine in amounts less than 400 grams but more than 200 grams (which carries a minimum mandatory sentence of five calendar years and a fine of $100,000), see § 893.135(1)(b)(2), Fla. Stat. (1983); and (3) the first-degree felony of conspiracy to traffic in cocaine in amounts less than 200 grams but more than twenty-eight grams (which carries a minimum mandatory sentence of three calendar years and a fine of $50,000). [1] See § 893.135(1)(b)(1), Fla....

...minal offense, to-wit: Trafficking in Cocaine, ... in that the said Carlos Girardo Gomez and Patrick David Weller did conspire, combine, agree, or confederate to deliver Cocaine ... in an amount of four hundred (400) grams or more, ... contrary to F.S. 893.135(4), F.S. 893.135(1)(b)(3), F.S....

...minimum penalties, despite their shared status as first-degree felonies. As noted earlier, Florida law provides for a greater mandatory minimum sentence and a greater fine, determined by the quantity of the substance involved in the offense. Compare § 893.135(1)(b) with § 893.135(4), Fla....

...Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 5 calendar years and 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 to pay a fine of $250,000. § 893.135(1)(b), Fla....

...Hydrocodone is a codeine derivative pain killer, found in some trade name drugs, including Lorcet and Vicodin. See Stedman's Medical Dictionary 816 (26th ed.1995). Hayes was charged with trafficking in four grams or more of hydrocodone in violation of section 893.135(1)(c)1, Florida *2 Statutes (Supp.1996)....

...The Fourth District reversed based on its interpretation of the applicable statutes, concluding that Hayes was properly charged with trafficking. See Hayes, 720 So.2d at 1097. The issue that we must resolve in this case is whether Hayes could be properly charged under the trafficking statute, section 893.135, which provides mandatory minimum terms of imprisonment and mandatory fines for trafficking in various drugs. The trafficking statute at issue in this case, section 893.135(1)(c)1, prohibits the sale, purchase, manufacture, delivery, or possession of four grams or more of the following substances: morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an isome...

...However, hydrocodone is listed in both Schedule II and Schedule III. If the Lorcet tablets that Hayes possessed are properly classified as Schedule II substances, Hayes would be subject to a mandatory minimum term of imprisonment of twenty-five years and a mandatory fine of $500,000. See 893.135(1)(c)1.c....

...o a twenty-five year mandatory minimum sentence and a $500,000 fine even though the total amount of hydrocodone was as little as .3 grams. This is the same penalty prescribed for a defendant who illegally possesses twenty-eight grams of pure heroin. § 893.135(1)(c)1.c....

...inety-eight percent a non-controlled substance, which determines the penalty." Dial, 730 So.2d at 813 (Klein, J., specially concurring). To determine whether this "anomaly" was intended by the Legislature, we must examine the actual text of sections 893.135(1)(c)1 (the drug trafficking statute), 893.03(2)(a)1.j, Florida Statutes (Supp.1996) (hydrocodone listed in Schedule II), and 893.03(3)(c)4 (hydrocodone listed in Schedule III). This is because "[l]egislative intent must be determined primarily from the language of the statute." Overstreet v. State, 629 So.2d 125, 126 (Fla.1993). Although it has been asserted that the appellate courts' differing interpretations of section 893.135(1)(c)1 alone render the statute ambiguous, see Dial, 730 So.2d at 813 (Klein, J., specially concurring), we find that a "strict construction" of these criminal statutes, as is mandated by section 775.021(1), Florida Statutes (1995), supports the interpretation given by the First District and Second District....

...Thus, because the total aggregate weight of the forty tablets exceeded four grams, the State argues *5 Hayes was properly charged under the statute. [4] However, this Court must be guided primarily by the statutory language employed when determining the legislative intent. See Overstreet, 629 So.2d at 126. Thus, we return to section 893.135(1)(c)1, the drug trafficking statute in this case, to determine if it contains language authorizing the construction urged by the State and adopted by the Fourth and Fifth Districts....

...According to the language of the statute at issue here, possession of "4 grams or more of any ... hydrocodone... as described in s. 893.03(1)(b) [Schedule I] or (2)(a) [Schedule II], or 4 grams or more of any mixture containing any such substance" is punishable under the trafficking statutes. § 893.135(1)(c)1 (emphasis supplied)....

...cking statute to only those drugs described in Schedule I or Schedule II. Therefore, the drug trafficking statute prohibits the possession of 4 grams or more of any Schedule I or II drug "or 4 grams or more of any mixture containing such substance." § 893.135(1)(c)1 (emphasis supplied)....

...with a strict construction of the applicable statutes. We hold that because the Lorcet tablets in this case contain less than fifteen milligrams of hydrocodone per dosage unit, the Lorcet tablets Hayes possessed are Schedule III substances. Because section 893.135(1)(c)1 prohibits the unlawful possession of any Schedule I or Schedule II drug, or any mixture containing a Schedule I or Schedule II drug, that section does not apply to Hayes' actions in this case....

...Weekly D2419, ___ So.2d ___, 1998 WL 746142 (Fla. 4th DCA Oct.28, 1998), review granted, 741 So.2d 1136 (Fla. 1999); Potts v. State, 710 So.2d 1387 (Fla. 5th DCA), review granted, 727 So.2d 909 (Fla. 1998), which are all pending before this Court on the same conflict issue. [2] We recognize that section 893.135(1)(c), Florida Statutes (1993), the statute at issue in State v....

...Nevertheless, Hunter is still important in the evolving development of entrapment law in Florida given its application of the Cruz entrapment test and related due process considerations. In Hunter, Ron Diamond, a convicted drug-trafficker facing fifteen years in prison, sought a sentence reduction or suspension under section 893.135(3), Florida Statutes (1985), which statute allowed the prosecutor to request a sentence reduction for a defendant who provided substantial assistance in obtaining the conviction of others....

...Joseph Beeler, and Brian Richard McComb, Miami, for appellees. Philip Carlton, Jr. of the Law Offices of Philip Carlton, Jr., Miami, for Daniel Cowgill, amicus curiae. ENGLAND, Justice. This case comes to us on direct appeal from a trial court order determining that section 893.135, Florida Statutes (1979) — Florida's newly-enacted "drug trafficking" statute — is unconstitutional. After Carlos and Esperanza Benitez attempted to sell one kilo of cocaine to undercover narcotics agents for $44,000, they were charged by information with "trafficking in cocaine" in violation of section 893.135. In ruling on motions to dismiss the charges, the trial court entered a lengthy order declaring section 893.135 to be facially invalid on a multiplicity of grounds. The state appeals that order, urging error in each of the trial court's rulings. Section 893.135 is a unique response to a serious and growing concern of the legislature regarding illegal drug activities in the State of Florida....

...nitiative of the prosecuting attorney, by permitting the court to reduce or suspend a sentence if a convicted defendant is willing to cooperate with law enforcement authorities in the detection or apprehension of others involved in drug trafficking. Section 893.135 was enacted to assist law enforcement authorities in the investigation and prosecution of illegal drug trafficking at all levels of distribution, from the importer-organizer down to the "pusher" on the street....

...We in the judiciary do not have that luxury. Indeed, the trial judge's extensive and detailed order exhibits the multiple, serious difficulties which this statute poses under well-established constitutional principles. We discern six major challenges to the constitutionality of section 893.135, one directed at the mandatory penalties and five directed at the escape valve in subsection (3)....

...ons of a statute which have nothing to do with their prosecution. See State v. Millington, 377 So.2d 685 (Fla. 1979); State v. Champe, 373 So.2d 874 (Fla. 1978). 2. Cruel and Unusual Punishment Appellees argue that the mandatory minimum sentences of section 893.135(1) violate the cruel and unusual punishment clauses of the state [1] and federal [2] constitutions....

...tionally eliminate the exercise of discretion in sentencing. This argument was rejected by *518 this Court in McArthur v. State, 351 So.2d 972 (Fla. 1977), and warrants no further discussion here. Appellees also argue that the mandatory sentences in section 893.135 constitute cruel and unusual punishment since they are unnecessarily severe and disproportional to the nature of the crime....

...punishable by significant terms of imprisonment in a state penitentiary, the length of the sentence actually imposed is purely a matter of legislative prerogative. Id., 445 U.S. at 273, 100 S.Ct. at 1139 (footnote omitted). The penalties imposed by section 893.135 are certainly severe, but they are by no means cruel and unusual in light of their potential deterrent value and the seriousness of the crime involved....

...The statute differs from these rules, of course, but it in no way so conflicts with them as to offend the constitution. Rule 3.800(b) permits the reduction of legal sentences, yet since it specifically excludes minimum mandatory sentences from its operation, its procedures obviously are not incompatible with section 893.135. Likewise, Rules 3.720(b) and 3.171 do not pose any obstacle to the operation of section 893.135....

...v. Eason, 40 N.Y.2d 297, 301, 386 N.Y.S.2d 673, 676, 353 N.E.2d 587, 589 (1976) (emphasis in original) (rejecting a separation of powers attack on a similar provision in New York's drug laws). 6. Self-incrimination Finally, the appellees argue that section 893.135 coerces a defendant into relinquishing his fifth amendment privilege against self-incrimination by denying him sentencing leniency unless he cooperates with the authorities....

...incarcerated who, even without statutory sanction, risks reincrimination in exchange for early release benefits. Our disposition of appellees' challenges obviates the need to consider the severability of subsection (3) from the statute. We hold that section 893.135 is constitutional....

...NOTES [1] In Heggs, this Court held that the act containing the 1995 sentencing guidelines was unconstitutional because it violated the single subject rule. 759 So.2d at 630. [2] Florida Rule of Criminal Procedure 3.702(d)(14) provides: If the primary offense is drug trafficking under section 893.135, the subtotal sentence may be multiplied, at the discretion of the sentencing court, by a factor of 1.5....

...statute, to consider subsequent legislation." Gay v. Canada Dry Bottling Co. of Florida, 59 So.2d 788, 790 (Fla. 1952). The subsequent legislative history of the act buttresses our interpretation thereof. Chapter 79-1, Laws of Florida, 1979, enacted section 893.135, Florida Statutes (1979), which provides that anyone "who is knowingly in actual or constructive possession of, in excess of 100 pounds of cannabis is guilty of a felony of the first degree." Such bears out respondent's observation that the legislature intends that more severe *1093 penalties be imposed upon those possessing large quantities of cannabis. Petitioner counters that section 893.135, Florida Statutes (1979), did nothing to resolve the question here, because it did not resolve the conflicting provisions of section 893.13 regarding possession and possession with intent, and that section 893.13(1)(e), Florida Statutes, would still control in a "mere possession" situation. Chapter 80-70, Laws of Florida, 1980, however, eliminated any such confusion the following year. It amended section 893.135 to provide that those possessing over 100 pounds of cannabis are guilty of a first-degree felony "notwithstanding the provisions of s....

...Thus, while unfortunate, the decision in Schriro only reaffirms the importance of Florida's independent consideration of retroactivity under Witt. [21] See, e.g., State v. Klayman, 835 So.2d 248, 254 (Fla.2002) (holding that decision in Hayes v. State, 750 So.2d 1 (Fla.1999), which held that section 893.135(1)(c)(1), Florida Statutes (Supp.1996), was only intended to apply to Schedule I and II drugs, warranted retroactive application); Ferguson v....

...ilty. Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 1981 and amended in 1989, and 2007. See also SC03-629 [869 So.2d 1205 (Fla.2004)]. 25.9 TRAFFICKING IN CANNABIS § 893.135(1)(a), Fla....

...The quantity of the cannabis involved was [in excess of 25 pounds] [300 or more of cannabis plants]. See State v. Dominguez, 509 So.2d 917 (Fla.1987) . 4. (Defendant) knew that the substance was cannabis. If applicable under the facts of the case and pursuant to § 893.135(2), Fla....

...For example, if it is alleged that the defendant intended to sell heroin, but actually sold cannabis, the alternate element 4 would be given. [4. (Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla....

...er depending on the amount of cannabis involved. Therefore, iIf you find the defendant guilty of tTrafficking in cCannabis, you must further determine by your verdict whether the State has proved beyond a reasonable doubt that: Enhanced penalty. See § 893.135(1)(a)1.-3., Fla....

...[The quantity of the substance involved was [10,000 pounds or more.] [10,000 or more cannabis plants.]] Lesser Included Offenses ------------------------------------------------------------------------------------------------- TRAFFICKING IN CANNABIS — 893.135(1)(a) ------------------------------------------------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. ------------------------------------------------------------------------------------------------- Trafficking offenses requiring lower quantities of cannabis 893.135(1)(a)1 and 2 25.9 ------------------------------------------------------------------------------------------------- Attempt (but not conspiracy), except when delivery is charged 777.04(1) 5.1 --------------------------------------------------...

...--------------------------------- Comment This instruction was adopted in 1981 and amended in 1987 [509 So.2d 917], 1989 [543 So.2d 1205], and 1997 [697 So.2d 84], and 2007. See also SC03-629 [869 So.2d 1205 (Fla.2004)]. 25.10 TRAFFICKING IN COCAINE § 893.135(1)(b), Fla....

...The quantity of the substance involved was 28 grams or more. See State v. Dominguez, 509 So.2d 917 (Fla.1987) . *263 4. (Defendant) knew that the substance was [cocaine] [a mixture containing cocaine]. If applicable under the facts of the case and pursuant to § 893.135(2), Fla....

...For example, if it is alleged that the defendant intended to sell heroin but actually sold cocaine, the alternate element 4 would be given. [4. (Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla....

...s.] d. [The quantity of the substance involved was 150 kilograms or more. but less than 300 kilograms.] Lesser Included Offenses ---------------------------------------------------------------------------------------------- TRAFFICKING IN COCAINE — 893.135(1)(b)1 & 2 ---------------------------------------------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. ---------------------------------------------------------------------------------------------- Trafficking offenses requiring lower quantities of cocaine 893.135(1)(b)1 25.10 ---------------------------------------------------------------------------------------------- Attempt (but not conspiracy), except when delivery is charged 777.04(1) 5.1 ----------------------------------------------------------...

...---- Comment This instruction was adopted in 1981 and amended in 1985 [477 So.2d 985], 1987 [509 So.2d 917], 1989 [543 So.2d 1205], and 1997, [697 So.2d 84], and 2007. See also SC03-629 [869 So.2d 1205 (Fla.2004)]. 25.11 TRAFFICKING IN ILLEGAL DRUGS § 893.135(1)(c), Fla....

...(Defendant) knew that the substance was [morphine] [opium] [oxycodone] [hydrocodone] [hydromorphone] [heroin] [(specific substance alleged)] [a mixture containing [morphine] [opium] [oxycodone] [hydrocodone] [hydromorphone] [heroin] [ (specific substance alleged)]]. If applicable under the facts of the case and pursuant to § 893.135(2), Fla....

...For example, if it is alleged that the defendant intended to sell heroin but actually sold (specific substance alleged), the alternate element 4 would be given. [4. (Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla....

...[The quantity of the substance involved was 28 grams or more but less than 30 kilograms.] d. [The quantity of the substance involved was 30 kilograms or more.] Lesser Included Offenses -------------------------------------------------------------------------------------------------- TRAFFICKING IN ILLEGAL DRUGS — 893.135(1)(c)1 and 2 -------------------------------------------------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. -------------------------------------------------------------------------------------------------- Trafficking offenses requiring lower quantities of illegal drugs 893.135(1)(c)1 25.11 -------------------------------------------------------------------------------------------------- Attempt (but not conspiracy), except when delivery is charged 777.04(1) 5.1 ------------------------------------------------------...

...*268 Comment This instruction was adopted in 1981 and amended in 1985 [477 So.2d 985], 1987 [509 So.2d 917], 1989, [543 So.2d 1205], and 1997 [697 So.2d 84], and 2007. See also SC03-629 [869 So.2d 1205 (Fla.2004)]. 25.12 TRAFFICKING IN PHENCYCLIDINE § 893.135(1)(d), Fla.Stat....

...The quantity of the substance involved was 28 grams or more. See State v. Dominguez, 509 So.2d 917 (Fla.1987) . 4. (Defendant) knew that the substance was [phencyclidine] [a mixture containing phencyclidine]. If applicable under the facts of the case and pursuant to § 893.135(2), Fla....

...For example, if it is alleged that the defendant intended to sell heroin but actually sold phencyclidine, the alternate element 4 would be given. [4. (Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla....

...[The quantity of the substance involved was 400 grams or more.] but less than 800 grams.] Lesser Included Offenses ----------------------------------------------------------------------------------------------------- TRAFFICKING IN PHENCYCLIDINE — 893.135(1)(d) ----------------------------------------------------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. ----------------------------------------------------------------------------------------------------- Trafficking offenses requiring lower quantities of phencyclidine 893.135(1)(d)1.a and b 25.9 ------------------------------------------------------------------------------------------------------ Attempt (but not conspiracy), except when delivery is charged 777.04(1) 5.1 -------------------------------------------...

...---------------------------- Comment This instruction was adopted in 1981 and amended in 1987 [509 So.2d 917], 1989 [543 So.2d 1205], and 1997 [697 So.2d 84], and 2007. See also SC03-629 [869 So.2d 1205 (Fla.2004)]. 25.13 TRAFFICKING IN METHAQUALONE § 893.135(1)(e), Fla....

...The quantity of the substance involved was 28 200 grams or more. See State v. Dominguez, 509 So.2d 917 (Fla.1987) . *271 4. (Defendant) knew that the substance was [methaqualone] [a mixture containing methaqualone]. If applicable under the facts of the case and pursuant to § 893.135(2), Fla....

...For example, if it is alleged that the defendant intended to sell heroin but actually sold methaqualone, the alternate element 4 would be given. [4. (Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla.Stat.), but actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] methaqualone or a mixture containing methaqualone.] Definitions....

...[The quantity of the substance involved was 25 kilograms or more.] but less than 50 kilograms.] Lesser Included Offenses ----------------------------------------------------------------------------------------------------- TRAFFICKING IN METHAQUALONE — 893.135(1)(e)1 ----------------------------------------------------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. ----------------------------------------------------------------------------------------------------- Trafficking offenses requiring lower quantities of methaqualone 893.135(1)(e)1.a and b 25.13 ----------------------------------------------------------------------------------------------------- *273 Attempt (but not conspiracy), except when delivery is charged 777.04(1) 5.1 --------------------------------------...

...We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution, and quash Hunter. The chief prosecution witness in the instant case, Ron Diamond, had been convicted of drug trafficking and sentenced to fifteen years in prison and a $250,000 fine. Diamond sought a sentence reduction under subsection 893.135(3), Florida Statutes (1985), which provided in pertinent part that a prosecutor can request that the sentencing court reduce or suspend a sentence for drug trafficking if the defendant "provides substantial assistance in the identific...

...The trial court had no authority to keep Diamond out of jail and reduce his lawful sentence five months after it imposed sentence. See Fla.R.Crim.P. 3.800(b) (a trial court may modify a legal sentence within sixty days after imposing sentence); see also § 893.135(2), Fla....

...[3] The controlling statute in effect in this case provided that the state may move to reduce or suspend the sentence of a defendant who provides "substantial assistance in the identification, arrest, or conviction of any of his accomplices, accessories, coconspirators, or principles." § 893.135(3), Fla....

...antial assistance in the identification, arrest, or conviction of any of his accomplices, accessories, coconspirators, or principles or of any other person engaged in trafficking in controlled substances." Ch. 87-243, § 5, Laws of Fla. (codified at § 893.135(4), Fla....

...Sentencing Guidelines is what we must apply, we find persuasive support in the Florida statute defining a “trafficking” offense under Florida law, which limits trafficking offenses to those involving 28 grams or more of cocaine. See Fla. Stat. § 893.135(1)(b) (2005)....

...Leaving his own car, Brooks approached and entered the vehicle of the undercover officer. At the prearranged cue, Dominguez said he took the package and handed it to the undercover officer. At this time, he was arrested and charged with trafficking in cocaine, a violation of section 893.135(1)(b), Florida *918 Statutes (1985)....

...true when the defendant asserts no knowledge of the nature of the substance. To the contrary, we specifically stated in Way that knowledge of the nature of the substance possessed is an essential element to the crime of trafficking in cocaine under section 893.135(1)(b)1....

...The statute requires "knowing" possession of cocaine and, therefore, lack of knowledge that the substance is cocaine would be a defense. Id. at 240-41. We note that, under our statute, mens rea is an essential element of all trafficking offenses. See § 893.135, Fla....

...with crimes arising from drug trafficking. To each of those instructions, we add a fourth element: 4. (Defendant) knew the substance was (specific substance alleged). This addition is applicable to instructions dealing with the following crimes: (1) section 893.135(1)(a), Florida Statutes (trafficking in cannabis); (2) section 893.135(1)(b), Florida Statutes (trafficking in cocaine); (3) section 893.135(1)(c), Florida Statutes (trafficking *919 in illegal drugs); (4) section 893.135(1)(d), Florida Statutes (trafficking in phencyclidine); and (5) section 893.135(1)(e), Florida Statutes (trafficking in methaqualone)....

...Robert A. Butterworth, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee. NORTHCUTT, Judge. On May 9, 2000, Rebecca Taylor trafficked in 14 or more but less than 28 grams of methamphetamine, violating section 893.135(1)(f)(1)(a), Florida Statutes (1999)....

...She was charged with the crime, and in January 2001 she entered an open plea of no contest. At her sentencing hearing, she argued that the court should not impose a three-year minimum mandatory prison term because chapter 99-188, Laws of Florida, which amended section 893.135 to impose that penalty for her crime, violated the single subject rule contained in Florida's constitution....

...1998), to add minimum mandatory terms for assault and battery on certain public employees; section 5 adds a minimum mandatory term for a conviction of assault or battery on a person sixty-five years of age or older under section 784.08, Florida Statutes (1997); section 9, which affected Taylor's sentence, amends section 893.135, Florida Statutes (1997), to require minimum mandatory sentences for trafficking in certain amounts of illegal drugs; section 10 conforms numerous statutes to the amendment made in section 9 of the act; and section 12 requires the gov...

...s, and for that reason it held that the Scanlan exception did not apply. [5] Id. at 671. Accordingly, we have examined the 2000 and 2001 [6] legislative amendments to the statutes affected by chapter 99-188, particularly focusing on the revisions to section 893.135 under which Taylor was sentenced. Chapter 2000-320, section 4, at 3490-99, Laws of Florida, amended numerous subsections and subparagraphs of section 893.135, deleting language that required sentencing "pursuant to the Criminal Punishment Code" and inserting language providing instead that the crimes are "punishable as provided in s....

...775.084." Chapter 2000-320, section 4, also added new penalties for trafficking in gamma-hydroxybutyric acid, 1,4-Butanediol and other listed substances. Importantly, though, chapter 2000-320 did not change the minimum mandatory terms imposed in chapter 99-188. In 2001, the legislature again amended section 893.135....

...mma-hydroxybutyric acid. Ch.2001-55, § 2, at 358-67, Laws of Fla.; ch.2001-57, § 7, at 399-403, Laws of Fla. As in Salters, these revisions were amendments to the statute, not reenactments of it. [7] Therefore, the 2000 and 2001 amendments *552 to section 893.135 did not close the window for Taylor's single subject challenge to chapter 99-188....

...Whitson, 597 F.3d 1218, 1220 (11th Cir. 2010). 2 or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine . . . , commits a felony of the first degree, which felony shall be known as ‘trafficking in cocaine[.]’” Fla. Stat. § 893.135(1)(b)1....

...n.2 Indeed, the statute provides that “[a]ny person who knowingly . . . purchases . . . , or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine . . . , commits a felony of the first degree . . . .” Fla. Sta. § 893.135(1)(b)1. (emphasis added)....

...It is clear that U.S.S.G. § 4B1.2(b)’s definition of “controlled substance offense” -- which includes the possession of a controlled substance with intent to distribute but not the purchase thereof -- and Florida case law interpreting Florida Statute § 893.135(1)(b) compel the result in this case -- namely, that Roye’s conviction for trafficking in cocaine, which we must assume was for the purchase of 28 grams or more of cocaine, does not constitute a “controlled substance offense” justifying career offender status....

...Stat. § 893.13(6)(a); (2) possession with intent to distribute a controlled substance, § 893.13(1)(a); and (3) trafficking in cocaine by possession 7  of 28 grams or more of the drug, § 893.135(1)(b).1 Under this third tier, trafficking in cocaine is further delineated according to the amount of drugs that the defendant possessed, and the sentence imposed increases accordingly. Id....

...Although in James we only mentioned trafficking by possession, Florida’s “trafficking in cocaine” statute can also be violated by selling, purchasing, manufacturing, delivering, or importing 28 grams or more of cocaine. See Fla. Stat. § 893.135(1)(b)1. 8  Second, if we had had before us all of the relevant Shepard documents in this case, we almost surely would have been able to determine conclusively which prong of Florida�...

...Even following this approach, however, the two Shepard documents the government submitted -- namely, the information and the plea agreement -- do not resolve the ambiguity in Roye’s conviction. Count 1 of the information simply tracks the disjunctive language of Florida Statute § 893.135(1)(b) in stating that “[o]n March 26, 1996, [Roye] did unlawfully and knowingly sell, purchase, manufacture, deliver, or was knowingly in actual or constructive possession of more than More than [sic] 28 grams of Cocaine, a controlled substance defined in Section 893.03, contrary to Section 893.135.”3 DE 37-5....

...The importance of fully understanding the factual basis underlying Roye’s no contest plea is further underscored by the counterintuitive way in which Florida’s courts have interpreted the purchase and possession prongs of Florida Statute § 893.135(1)(b)....

...Florida’s intermediate appellate courts. See Galindo v. ARI Mut. Ins. Co., 203 F.3d 771, 775 (11th Cir. 2000). In Ras v. State, 610 So.2d 24 (Fla. Dist. Ct. App. 1992), the Second District Court of Appeals made clear that violation of the purchase prong of Florida Statute § 893.135(1)(b) does not necessarily imply violation of that statute’s possession prong....

...could only be corrected by appeal. Because no appeal was taken in this case, the increased sentence must be vacated and the initial sentence reinstated. Gartrell also contends that the State failed to present any evidence on the knowledge element of section 893.135(1)(b), Florida Statutes (1989), and thus her conviction for trafficking in cocaine should be overturned. Section 893.135(1)(b) provides that "[a]ny person who ......

...onduct "unquestionably" demonstrated premeditation. [20] The State attempted to establish at trial that Brooks committed the offense of trafficking in 28 or more grams, but less than 150 kilograms, of cocaine or a mixture of cocaine, in violation of section 893.135(1)(b)1., Florida Statutes (1995)....

...In order for appellant to be convicted of her charged offenses, the state must prove beyond a reasonable doubt that appellant knowingly purchased and /or possessed a certain substance, knew the substance was cocaine or a mixture containing cocaine and conspired with the person trafficking in cocaine. § 893.135(1), Fla....

PER CURIAM: The petitioner-appellants, Howard Owen, Harold Owen and Terry Wayne Barnhill pled nolo contendere in the Florida Circuit Court to the charge of trafficking in cannabis in violation of Fla.Stat. § 893.135(l)(a) (1981)....

...HUBBART, Judge. The central question presented for review is whether the state presented a prima facie case that the defendant had in his actual possession twenty-eight grams or more of cocaine — and was thus guilty of trafficking in cocaine under Section 893.135(1)(b), Florida Statutes (1985) — upon evidence adduced at trial which showed that (1) a total of ninety-two (92) separately wrapped plastic packets of white powder were seized by the police from the defendant's person, (2) only two (...

...e defendant, and concluded that these packets contained cocaine. Without dispute, the total weight of these two plastic packets was considerably less than twenty-eight grams — the statutory weight required for the offense of trafficking in cocaine. § 893.135(1)(b), Fla....

...tal of 38.8 grams. He also stated at trial that the white powdery substance contained in all ninety-two (92) plastic packets looked alike from a visual inspection. The defendant was thereafter charged by information with trafficking in cocaine under Section 893.135(1)(b), Florida Statutes (1985), before the Circuit Court in Dade County, Florida....

...The defendant subsequently moved the court for a new trial or, in the alternative, to reduce the conviction to the lesser included offense of simple possession of cocaine. The trial court denied the motion and sentenced the defendant to three and one-half years imprisonment. This appeal follows. II Section 893.135(1)(b), Florida Statutes (1985), makes trafficking in cocaine a first-degree felony as follows: "Any person who knowingly sells, 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....

...Kaludis, 146 Ill. App.3d 888, 497 N.E.2d 360, 364 (1986) (appeal denied Dec. 4, 1986). III Turning now to the instant case, we have no difficulty in concluding that the *1241 state failed to establish a prima facie case of trafficking in cocaine under Section 893.135(1)(b), Florida Statutes (1985)....

...[1] Based on the plain language of the statute, we hold that section 924.07 does not authorize a State appeal from a post-trial order reducing a charge. FACTS AND PROCEDURAL HISTORY In 1999, the Legislature reduced the statutory threshold for a conviction of trafficking in cannabis under section 893.135, Florida Statutes, from fifty to twenty-five pounds of cannabis. See ch. 99-188, § 9, at 1056, Laws of Fla. In March of 2001, Exposito was charged with one count of possession with intent to sell cannabis (count I), and one count of trafficking in cannabis pursuant to section 893.135(1)(a)(1), Florida Statutes (2000), as amended (count II)....

...They were all placed under arrest after the discovery of the subject marijuana. The defendants were subsequently charged in a two-count information with: (1) possession of marijuana with intent to sell [§ 893.13(1)(a), Fla. Stat. (1979)]; and (2) trafficking in marijuana [§ 893.135, Fla....

...Thus, while unfortunate, the decision in Schriro only reaffirms the importance of Florida's independent consideration of retroactivity under Witt. [14] See, e.g., State v. Klayman, 835 So.2d 248, 254 (Fla.2002) (holding that decision in Hayes v. State, 750 So.2d 1, 5 (Fla.1999), which held that section 893.135(1)(c)(1), Florida Statutes (Supp.1996), was only intended to apply to Schedule I and II drugs, warranted retroactive application); Ferguson v....

...4th DCA 1992) (Farmer, J., dissenting), approved in part, quashed in part, 626 So.2d 1364 (Fla.1993). The legislature, by inserting the word "knowingly," expressly included guilty knowledge as a core ingredient in the drug trafficking offenses. Id. at 114; see § 893.135, Fla....

...The Florida statute provides that a person commits the offense of trafficking if he “knowingly sells, purchases, manufactures, delivers, or brings into this state, or . . . is knowingly in actual or constructive possession of, 28 grams or more of cocaine.” Fla. Stat. § 893.135(1)(b)1. Punishment under the statute depends on the quantity of cocaine involved....

...propriate underlying felony in the course of which a homicide occurred. Mahaun v. State, 377 So.2d 1158, 1160 (Fla. 1979). [3] Under the statute applicable to appellant's convictions, the offense of trafficking in marijuana is a first-degree felony, Section 893.135(1)(a) Florida Statutes (1981), punishable by a term of imprisonment not to exceed thirty years. § 775.082(3)(b), Fla. Stat. (1981). The offense also carries a mandatory minimum term of imprisonment of five calendar years and a fine of $50,000. § 893.135(1)(a)2., Fla....

...criminal activity which would constitute an "escalating pattern of criminal conduct" under the statute. Barfield was previously convicted and sentenced for trafficking in cocaine, in an amount of 28 grams or more but less than 200 grams. Pursuant to section 893.135(1)(b)1, Florida Statutes (1985), this is a first-degree felony with a mandatory minimum three years' imprisonment and a fine of $50,000. In the instant case, Barfield was convicted of conspiracy to traffic in cocaine and attempted trafficking in cocaine, both in an amount of 400 grams or more. Pursuant to sections 893.135(5) and 893.135(1)(b)3, Florida Statutes (1987), conspiracy to traffic in cocaine in an amount of 400 grams or more is a first-degree felony with a mandatory minimum fifteen years' imprisonment and a $250,000 fine....

...Blostein, Fort Lauderdale, for appellee Miller. Ronald K. Cacciatore, Tampa, for appellee Harris. Rehearing Denied July 23, 1981 (58,674). ALDERMAN, Justice. These cases are before us on direct appeal to review orders of the trial courts granting the defendants' motions to dismiss and holding section 893.135, Florida Statutes (1979), unconstitutional....

...We have jurisdiction pursuant to article V, section 3(b)(1), Florida Constitution (1972). We resolved all of the constitutional issues presented by these appeals, with the exception of one, in State v. Benitez, 395 So.2d 514 (Fla. 1981), wherein we upheld the validity of section 893.135. We, however, did not address the issue of whether section *764 893.135(1)(b), prohibiting the sale or possession of "28 grams or more of cocaine or any mixture containing cocaine, as described in s....

...In the appealed orders, the trial courts held that penalizing possession of a certain amount of "any mixture containing cocaine" without regard to the percentage of cocaine in the mixture is arbitrary, unreasonable, and a violation of due process and equal protection of the law. We disagree and uphold section 893.135 against these challenges....

...Recognizing that heroin and cocaine at least are generally marketed in a diluted or impure state, the court stated that the legislature's rationale for striking at the mixture or compound was evident. We agree and find this rationale applicable to section 893.135(1)(b)....

...The legislature has broad discretion in determining necessary measures for the protection of the public health, safety, and welfare, and we may not substitute our judgment for that of the legislature as to the wisdom or policy of a legislative act. Hamilton v. State, 366 So.2d 8 (Fla. 1978). Section 893.135(1)(b) bears a reasonable relationship to the legitimate state objective of protection of the public health, safety, and welfare....

...This was within its prerogative to decide, and it has not been shown that such decision was irrational or unreasonable. Accordingly, the orders of the trial courts are reversed on the authority of State v. Benitez and on the basis of our present holding that section 893.135(1)(b) is not arbitrary and unreasonable and does not violate due process and equal protection of the laws....

...was discussed in her presence. The other issue the appellant raises concerns his sentence as an habitual felony offender for trafficking in cocaine. He is correct that the trial court erred in sentencing him as an habitual offender for violation of section 893.135(1)(b)1.a., Florida Statutes (1999)....

...Public Defender, West Palm Beach, for appellant. Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Richard G. Bartmon, Asst. Atty. Gen., West Palm Beach, for appellee. PER CURIAM. Appellant was arrested and charged with trafficking in cocaine and possession of marijuana in violation of section 893.135(1)(b)1....

...The statute under which appellant was convicted provides that "[any] person ... who is knowingly in actual or constructive possession of, 28 grams ... of cocaine ... is guilty of a felony of the first degree, which felony shall be known as `trafficking in cocaine.'" § 893.135(1)(b), Florida Statutes (1983)....

...thin the permissible range for possession of cocaine, not trafficking. Had appellant been convicted by the jury of trafficking in cocaine, the trial court could have sentenced him up to thirty years imprisonment for a first degree felony. *341 See §§ 893.135(1)(b)1 and 775.082(3)(b), Fla. Stat. In addition, the trial court would have been required to impose a mandatory minimum term of imprisonment of seven years and a fine of $100,000 for 200 grams or more of cocaine. § 893.135(1)(b)1.b....

...The amendments do not apply to the case sub judice inasmuch as their effective date was July 1, 1984. See Chapter 84-328, Laws of Florida. But the result would be the same even under the amended Rule. [2] "Trafficking in cannabis" requires in excess of 100 pounds. Section 893.135(1)(a), Florida Statutes.

...after it was stricken on constitutional single subject grounds, could require the reenacted punishments to be applied retroactively to the effective date of the earlier law. We hold that it could not. Cedric Green was adjudicated guilty of violating section 893.135(1)(b)(1)(a), Florida Statutes (1999), by trafficking in more than 28 but less than 200 grams of cocaine....

...After Green was sentenced, this court issued Taylor v. State, 818 So.2d 544 (Fla. 2d DCA), review dismissed, 821 So.2d 302 (Fla.2002), declaring chapter 99-188 unconstitutional because it violated the single subject requirement. Section 9 of that chapter had amended section 893.135 to add the minimum mandatory prison term imposed on Green....

...We hold that chapter 02-212 cannot be applied retroactively, for to do so would violate the Ex Post Facto Clauses of the United States and the Florida Constitutions. U.S. Const. art. 1, § 10; art. I, § 10, Fla. Const. [3] Therefore, we reverse Green's sentence, and we remand with directions to resentence him pursuant to section 893.135(1)(b)(1)(a), Florida Statutes (1997)....

...But for the retroactivity provision of chapter 02-212, Green would be entitled to resentencing under the valid law in effect on the date of his offense. See Heggs, 759 So.2d at 630-31. By virtue of this court's decision in Taylor, the valid law in effect on the date of Green's crime was section 893.135(1)(b)(1)(a), Florida Statutes (1997)....

...f the statute. Id. at 298, 97 S.Ct. 2290. The Fifth District founded its decision in Carlson on this second, "operative fact," theory, thus holding that the Florida legislature's enactment of chapter 02-210 applied retroactively to cure a portion of section 893.135(1)(a)(1) that had been declared unconstitutional in Taylor....

...As such, it did not exist for any purpose, and specifically was not an "operative fact" as contemplated in Dobbert. Aside from all of the foregoing, even if Dobbert could be read to permit the retroactive application of chapter 02-212, we still do not believe that Green himself could be sentenced under the version of section 893.135 enacted in that chapter because it did not exist on the date of Green's sentencing....

...to provide notice. Here, Green was sentenced before the effective date of chapter 02-212. If the effect of the unconstitutional 1999 statute was only notice, Green could not be sentenced under it. He also could not be sentenced under the version of section 893.135 enacted in chapter 02-212 because it was not in effect on the date of his sentencing in 2000....

...State, 832 So.2d 818, 819 (Fla. 5th DCA 2002); Jones v. State, 27 Fla. L. Weekly D2377, ___ So.2d ___, 2002 WL 31431541 (Fla. 5th DCA Nov.1, 2002). [8] We reverse the circuit court's order denying Green's rule 3.850 motion and remand *756 with directions to resentence him under section 893.135(1)(b)(1)(a), Florida Statutes (1997)....

...gh 02-212, Laws of Florida. [2] It appears this should be chapter 02-212, Laws of Florida. [3] Although all of the mentioned 2002 reenactments contained the same retroactivity provision, our attention must focus on chapter 02-212 because it includes section 893.135(1)(b)(1)(a), the statute under which Green was sentenced....

...We find that the facts and circumstances leading up to, and surrounding, the defendant's arrest provided probable cause to believe that the defendant was committing, or had committed, a crime. We, accordingly, reverse. The defendant was charged by information with trafficking in cocaine in violation of section 893.135(1)(b), Florida Statutes (1985) and with use or possession with intent to use drug paraphernalia in violation of section 893.147, Florida Statutes (1985)....

...antial, competent evidence inconsistent with any reasonable hypothesis of innocence. The following proof was adduced at trial in support of the state's allegation in the criminal information that appellant trafficked in illegal drugs in violation of section 893.135, Florida Statutes (1991), by being in actual or constructive possession of cocaine....

...lature did not intend the charge of trafficking in cocaine to encompass possession and sale as lesser included offenses. Rotenberry was charged, convicted, and sentenced for violation of three statutes, towit sections 893.13(1)(a), 893.13(1)(e), and 893.135(1)(b), Florida Statutes (1981)....

...and possession of illegal drugs [893.13(1)(e)]. Also it has been determined that another offense, trafficking in illegal drugs, is committed when either or both of the offenses of sale or possession of a certain amount of illegal drugs is effected [§ 893.135]....

...To prove violation of 893.13(1)(e) requires proof that the offender (1) possessed, actually or constructively, (2) a controlled substance. We note parenthetically that section 893.13(1)(d) makes it an offense to bring a controlled substance into this state. Clearly, section 893.135(1)(b), defining the crime of trafficking in cocaine, provides for an elevated penalty, a mandatory minimum sentence and fine, where an offender has violated one or more of three subsections of 893.13(1) and where the drug involved was twenty-eight grams or more of cocaine....

...This is just a poor way of saying that the test is an abstract test and that two statutory offenses are not "the same offense" if each statutory offense has at least one constituent element that the other does not. (Emphasis in original.) We have such a case before us here. Section 893.135 is sufficiently different *977 from the provisions of section 893.13 to allow multiple punishments at the same trial because the state need not prove a violation of 893.13(1)(a), (d), and (e), but only violation of at least one of those provisions....

...l or constructive possession of a controlled substance except as otherwise authorized by this chapter. Any person who violates this provision is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Section 893.135(1)(b) provides: Except as authorized in this chapter or in chapter 499 and notwithstanding the provisions of s....

...It is plain that Castellano, who is dead, was unavailable as a witness. 2. The trial court properly found that the challenged portion of Castellano's statement — that is, the reference to the cocaine as the subject matter of his theft — so far tended to subject him to criminal liability for drug trafficking, section 893.135, Florida Statutes (1981) (imposing 15 year minimum penalty), that a reasonable person in his position would not have made the statement, even to his girlfriend, unless he believed it to be true....

...nd, who later was the chief prosecution witness against appellants. Diamond had been convicted of trafficking in cocaine and sentenced to the same term now facing appellants: fifteen years minimum mandatory imprisonment and a $250,000.00 fine. Under section 893.135(3), Florida Statutes (1985), a prosecutor may move the sentencing court to reduce or suspend the sentence of a defendant convicted under the drug trafficking statute if the defendant "provides substantial assistance in the identification, arrest, or conviction of any of his accomplices, accessories, coconspirators, or principals." (Emphasis supplied.) Diamond obtained an agreement with the state for the substantial reduction of his own sentence by entering into a section 893.135(3) agreement with the state. However, Diamond's agreement with the state and the trial court did not involve the prosecution of others involved with him, as authorized by section 893.135(3), but rather, according to the undisputed testimony of Diamond and a deputy sheriff, provided that Diamond *241 must make new cases involving a certain amount of cocaine within a certain time frame in order to receive a reduced sentence....

...5th DCA 1984), this court recently followed Pinder. Also see Enriquez v. State, 449 So.2d 845 (Fla. 3d DCA 1984). Appellant was convicted of the firearm offense (a violation of § 790.07(2), Fla. Stat.) and of the "underlying felony" (trafficking in cannabis in violation of § 893.135(1)(a)1, Fla....

...While conducting a consent search of Madrigal's apartment in connection with a double homicide investigation, Metro Dade officers found, among other things, 373 grams of cocaine. In the present prosecution for trafficking in more than 200 and less than 400 grams pursuant to section 893.135(1)(b), Florida Statutes (1985), Madrigal and the state attorney's office entered into an elaborate plea bargain under which the state agreed to waive the five year minimum mandatory prison sentence required for that crime by section 893.135(1)(b)(2), Florida Statutes (1985) in return for Madrigal's assistance — including passing several polygraph examinations — in the investigation of the two murders which had originally given rise to the charge....

...II Madrigal's second argument is far more substantial. Notwithstanding that he is also attempting to enforce the plea agreement, he contends that it is a nullity and un enforceable as a matter of law. He bases his argument upon the undeniable fact that, under section 893.135(3), Florida Statutes (1985), [1] the prosecution is statutorily authorized to waive the minimum mandatory sentence only when the defendant assists in the prosecution of co-participants *394 in the narcotics case with which he is charged....

...; thus, the plea was, in effect, without consideration. Although we certainly agree with the statutory underpinnings of this line of reasoning, we do not agree with the conclusion drawn from them. In our view, there is no legal reason why — putting section 893.135(3) entirely aside — the court may not adhere to the state's side of the bargain by omitting the minimum mandatory sentence if the defendant did his part....

...e defendant the consideration he bargained for. The plea agreement was thus an entirely enforceable one. (b) Approaching the matter from the point of view of the prosecution, the other "contracting party," [2] we reach the same result: the fact that section 893.135, Florida Statutes (1985) does not itself authorize a recommendation to waive the mandatory sentence does not preclude the prosecution from doing so anyway....

...or a sentence below the requirements is sufficient absent any rule or statutory authority, and the present case. Accordingly, the prosecutor had the right, and the binding duty if Madrigal complied, to recommend a sentence less than that provided by section 893.135(1)(b)(2), Florida Statutes (1985)....

...Kessler, 522 So.2d 917, 919 (Fla. 3d DCA 1988) ("contract cannot be `partially' rescinded"). Affirmed. [3] NOTES [1] Since all the pertinent events in this case occurred before its enactment, we do not decide whether the 1987 amendment to this statute which renumbered it section 893.135(4) and added the words "or of any other person engaged in trafficking in controlled substances" would affect this argument or the result either in this case or in Noon v....

...In 1997, James was convicted in a Florida state court of attempted burglary of a dwelling, in violation of Florida Statute §§ 810.02 and 777.04. In 1998, James was convicted in Florida state court of trafficking in illegal drugs in violation of Florida Statute § 893.135....

...essing with intent to manufacture or distribute, a controlled substance . . . , for which a maximum term of imprisonment of ten years or more is prescribed by law.” § 924(e)(2)(A)(ii). The Florida Statute under which James was convicted, section 893.135(1)(b)(1)(b), reads as follows: Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive...

...Under Florida law, those three tiers are the following: (1) possession of any amount of a controlled substance, Fla. Stat. § 893.13(6)(a); (2) possession with intent to distribute a controlled substance, § 893.13(1)(a); and (3) trafficking in cocaine by possession of 28 grams or more of the drug, § 893.135(1)(b)....

...8 of drugs that the defendant possessed, and the sentence imposed increases accordingly. See id. James was convicted under this third tier for possession of between 200 and 400 grams of cocaine. Fla. Stat. § 893.135(1)(b)(1)(b). Florida’s three-tiered system for punishing drug crimes is nearly identical to Georgia’s three-tiered scheme....

...DANIEL S. PEARSON, Judge. As a result of the execution of a search warrant, a Beechcraft airplane and more than one hundred pounds of marijuana secreted therein were seized, and Sawyer was charged with trafficking in this contraband in violation of Section 893.135, Florida Statutes (1979)....

...State, 511 So.2d 1037 (Fla. 4th DCA 1987), to answer a certified question of great public importance. [1] We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Respondent Daophin was convicted of trafficking in cocaine by delivery in excess of 400 grams contrary to section 893.135(1)(b)3, Florida Statutes (1983)....

...1984), as a lesser included offense. In doing so, the district court acknowledged that possession of cocaine was not a category one necessarily lesser included offense under Florida Standard Jury Instructions in Criminal Cases which were in effect at the time. Section 893.135(1)(b) reads as follows: (b) Any person who knowingly sells, 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....

...or (3) section 893.13(1)(e) if possession of cocaine is charged. [2] The state chose by its allegations to narrow the charge to trafficking by delivery only. In addition to the primary charge of trafficking by delivery of over 400 grams of cocaine (section 893.135(1)(b)3), the jury was instructed on three lesser included offenses: (1) trafficking by delivery of over 200 but less than 400 grams of cocaine (section 893.135(1)(b)2); (2) trafficking by delivery of over 28 but less than 200 grams of cocaine (section 893.135(1)(b)1); and (3) delivering 28 grams or less of cocaine (section 893.13(1)(a))....

...NOTES [1] Daophin, 511 So.2d at 1038: MUST A JURY BE INSTRUCTED ON SIMPLE POSSESSION OF COCAINE PURSUANT TO SECTION 893.13(1)(e), FLORIDA STATUTES, WHERE THE INFORMATION CHARGES TRAFFICKING BY DELIVERY [AND ONLY BY DELIVERY] IN AN AMOUNT GREATER THAN 400 GRAMS PURSUANT TO SECTION 893.135(1)(b)(3), FLORIDA STATUTES? [2] In Rotenberry v. State, 468 So.2d 971 (Fla. 1985), we held that §§ 893.13 and 893.135 addressed separate offenses and that crimes under the former section were not necessarily lesser included offenses under the latter section. Consequently, the standard jury instructions were then amended to provide that there were no necessarily lesser included offenses (category one) to § 893.135 and to reclassify the former category one offenses as category two, permissive lesser included offenses....

...Pilieci's motion to suppress also sought to exclude evidence based upon a violation of the "knock-and-announce" rule. See § 933.09, Fla. Stat. (2005); Hudson v. Michigan, 547 U.S. 586, 126 S.Ct. 2159, 165 L.Ed.2d 56 (2006). We affirm the trial court's ruling on that issue without further comment. [2] § 893.135(1)(b)(1)(a), Fla. Stat. (2005). [3] § 893.135(1)(k)(1)(a)....

...Robert A. Butterworth, Attorney General, Tallahassee, and Simone P. Firley, Assistant Attorney General, Fort Lauderdale, for appellee/cross-appellant. GROSS, J. George Earle and Brian Green appeal their convictions of trafficking in cocaine, contrary to section 893.135(1)(b)1.c., Florida Statutes (1999)....

...The jury found both Earle and Green guilty of trafficking in cocaine weighing 400 grams or more, but less than 150 kilograms. The cocaine trafficking statute prohibits one from "knowingly" being "in actual or constructive possession" of a certain quantity of cocaine. See § 893.135(1)(b)1., Fla....

...sentences in excess of the statutory maximum. This argument fails, because the enactment of section 921.001(5) was an act of the legislature, not a rule or regulation of the sentencing commission. AFFIRMED. DAUKSCH and HARRIS, JJ., concur. NOTES [1] § 893.135, Fla....

...uire reversal. Considering the totality of the evidence, these comments did not deprive appellant of a fair trial. See Darden v. State, 329 So.2d at 291. The State cross appeals the court's failure to impose the statutorily mandated fine pursuant to section 893.135(1)(b)3., Florida Statutes (1987). Section 893.135(1)(b)3., Florida Statutes states: (b) 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....

...ifth Districts but not in the First and Second Districts. [34] Individuals convicted of drug trafficking are subject to a mandatory minimum term of imprisonment of twenty-five years and a mandatory fine of $500,000. See Hayes, 750 So.2d at 2 (citing section 893.135(1)(c)(1), Florida Statutes (Supp.1996))....

...briefs, we affirm the district court’s grant of Bellizia’s § 2254 petition for habeas corpus relief. AFFIRMED. 3 Under Florida law, any person who knowingly brings heroin into Florida is guilty of trafficking in illegal drugs. Fla. Stat. Ann. § 893.135(1)(c)1. The mandatory minimum sentence for the amount of heroin in the single pellet tested by the State is three years’ imprisonment, id. § 893.135(1)(c)1.a, as compared to the mandatory minimum of twenty-five years’ imprisonment for the quantity the State attributed to Bellizia but did not test or prove at trial, id. § 893.135(1)(c)1.c. 7 

...Gen., West Palm Beach, for appellant. H. Dohn Williams, Jr., of Varon & Stahl, Hollywood, for appellee Russell Leicht. Peter F.K. Baraban, Miami, for appellee Steven W. Jordan. McDONALD, Justice. The state appealed a circuit court ruling declaring section 893.135, Florida Statutes (1979), [1] unconstitutional. This Court stayed further proceedings in the instant cases because of the pending disposition of State v. Benitez, 395 So.2d 514 (Fla. 1981). In Benitez, this Court found section 893.135 to be constitutional....

...That ruling does not entirely dispose of these two cases, however, because in the trial court the appellees presented an additional challenge to the statute's constitutionality to the ones covered in Benitez. We again uphold the statute. Appellees contend that section 893.135 violates equal protection by singling out only four [2] of the controlled substances proscribed in section 893.03, Florida Statutes (1979). They claim that many other drugs are as dangerous and as widely abused as the four for which mandatory sentences have been enacted and that, therefore, there is no rational basis to support the classification set out in section 893.135....

...To be constitutionally permissible, a classification must apply equally and uniformly to all persons within the class and bear a reasonable and just relationship to a legitimate state objective. Haber v. State, 396 So.2d 707 (Fla. 1981). We find that section 893.135 is neither arbitrary nor unreasonable and that its provisions apply equally to all persons similarly situated. There may, as appellees contend, be other drugs as hazardous as the ones included in section 893.135....

...We acknowledge the magnitude of trafficking in these four drugs that exists in this state, and we have no difficulty in ascertaining a rational basis for the legislature's actions in providing escalating mandatory minimum sentences regarding these substances. We find that section 893.135 does not violate the equal protection clause and reaffirm the statute's constitutionality. [3] The trial court order is vacated. It is so ordered. SUNDBERG, C.J., and ADKINS, BOYD, OVERTON, ENGLAND and ALDERMAN, JJ., concur. NOTES [1] Florida's newly enacted "drug trafficking" statute. [2] Cannabis, § 893.135(1)(a), Fla. Stat.; cocaine, § 893.135(1)-(b), Fla. Stat.; and morphine and opium, § 893.135(1)(c), Fla....

...e postconviction court for reconsideration of these two claims. The Underlying Conviction and Theory of Defense In 2003, a jury found Mr. Balmori guilty of attempted trafficking in heroin over twenty-eight grams but less than thirty kilograms. See §§ 893.135(1)(c)(1)(c), 777.04(4)(c), Fla....

...st by the defendant. Here, Mr. Balmori was the only witness to testify for the defense. At trial, the State had to prove beyond a reasonable doubt that Mr. Balmori was " knowingly in actual or constructive possession" of the heroin found in his car. § 893.135(1)(c)(1) (emphasis added)....

...sexual batterer status, and creates a mandatory minimum sentence for persons who qualify. Section 8: amends section 794.011, wherein the crime "sexual battery" is defined, to refer to new section 794.0115 in punishment provisions. Section 9: amends section 893.135, which criminalizes trafficking in certain drugs, to expand the definitions of certain trafficking offenses and provide a minimum mandatory sentence for certain trafficking offenses. Section 10: amends various statutes to incorporate references to section 893.135, as amended by section 9....

...nd criteria for court determination if the defendant is a repeat sexual batterer; providing for sentencing as a repeat sexual batterer; providing for construction; amending s. 794.011, F.S., to conform references to changes made by the act; amending s. 893.135, F.S.; defining the term "cannabis plant"; providing mandatory minimum prison terms and mandatory fine amounts for trafficking in cannabis, cocaine, illegal drugs, phencyclidine, methaqualone, amphetamine, or flunitrazepam; providing for s...

...imum sentence; providing exceptions; providing penalties; reenacting s. 397.451(7), F.S., relating to the prohibition against dissemination of state funds to service providers convicted of certain offenses, s. 782.04(4)(a), F.S., relating to murder, s. 893.1351(1), F.S., relating to lease or rent for the purpose of trafficking in a controlled substance, s....

...The court sentenced him to a term of life imprisonment as an habitual offender and imposed a $100,000 fine. This sentence is legal under the present version of the drug trafficking statute, except that the court would be required to sentence the defendant to a "mandatory minimum term of imprisonment of 7 years." § 893.135(1)(b)1.B, Fla. Stat. (2000). However, this statute did not become effective until October 1, 2000, and Washington committed his offense on March 24, 1999. The applicable version of the drug trafficking statute in this case was section 893.135(1)(b)1.B, Fla....

...missible as long as each packet is tested. *500 Here, the criminologist received 139 small plastic bags of suspect rock cocaine. He tested one of the 139 different-sized rocks and concluded that the combined rocks contained enough cocaine to violate section 893.135(1)(b), Florida Statutes (1985)....

...OVERTON, Justice. This is a petition to review a decision of the Fifth District Court of Appeal reported as Way v. State, 458 So.2d 881 (Fla. 5th DCA 1984), which upheld petitioner's conviction of trafficking in cocaine. Petitioner was charged under section 893.135(1)(b)1, Florida Statutes (1981), which provides in part: Any person who knowingly sells, manufacturers, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine ......

...Further, the court expressly approved the jury instruction given by the trial court, and certified to this Court the following question as being of great public importance: Is proof that a defendant knows that the weight of the substance possessed equals 28 grams or more essential in obtaining a conviction under section 893.135(1)(b)? 458 So.2d at 882....

...The court noted that a showing that the defendant believed she possessed marijuana would be a defense to the crime of trafficking in cocaine. Ryan did not, however, address the issue of whether knowledge of the amount of controlled substance possessed is necessary for conviction under section 893.135(1)(b). We agree that knowledge of the nature of the substance possessed is an *241 essential element to the crime of trafficking in cocaine under section 893.135(1)(b)1....

...The word "knowingly," as used in the statute, modifies only the possession element of the offense and not the quantity. We conclude that the jury instruction given by the trial court in the instant cause properly set forth the elements of the offense of trafficking in cocaine under section 893.135(1)(b)1, in accordance with the intent and purpose of that statute....

...Gottlieb, Asst. Public Defender, Miami, for appellee Robert K. Werner. Martin Lemlich, Miami Beach, for appellee Jack E. Carlson. ENGLAND, Justice. Robert K. Werner and Jack E. Carlson were charged by information with trafficking in cocaine in violation of section 893.135, Florida Statutes (1979)....

...All but one of the issues presented by this appeal were resolved against Werner and Carlson in State v. Benitez, 395 So.2d 514 (Fla. 1981), and State v. Yu, 400 So.2d 762 (Fla. 1981). The one unresolved issue they raise is whether the term "may" in section 893.135(3) is unconstitutionally vague, since it vests the prosecutor with unbridled discretion when engaging in so-called "post-conviction information bargaining." Subsection (3) provides that "[t]he state attorney may move the sentencing co...

...Discretion to initiate the post-conviction information bargaining process is inherent in the prosecutorial function. Absent a clear constitutional violation in a particular factual context, we refuse to intrude on the prosecutorial function by holding subsection (3) unconstitutional on its face. Additionally, section 893.135 does not directly abrogate the substantive rules of law governing plea bargaining and plea arrangements [2] , and these rules should be followed, to the extent they can in a post-conviction *388 context, by the parties and the trial judge....

...State, 359 So.2d 446 (Fla. 1978), on which appellant relies, the Supreme Court construed a statute which required the State to separate proscribed material from legal material in order to prove that the weight of the contraband alone exceeded the statutory amount. Section 893.135(1)(e) prohibits the sale of any mixture containing Methaqualone....

...changes made in adopting the `3-Strikes' law; Section 7 creates the new offense of a `Repeat Sexual Batterer' and corresponding minimum mandatory; Section 8 amends section 794.011 to accommodate the `Repeat Sexual batterer' offense; Section 9 amends section 893.135 to require minimum mandatory sentences for trafficking in certain amounts of illegal drugs; Section 10 conforms numerous statutes to the amendment made in Section 9; Section 11 requires the clerk of the court to provide criminal recor...

...appealed. *1263 We affirm that conviction and remand to the trial court for resentencing in light of our reversal of the trafficking offense. AFFIRMED in part; REVERSED in part; and REMANDED with Directions. TORPY and LAWSON, JJ., concur. NOTES [1] § 893.135(1)(b)1.a., Fla....

...The four elements of the offense which must be established beyond a reasonable doubt are as follows: a) that the defendant knowingly purchased or possessed a certain substance, b) the substance was cocaine, c) the quantity was 28 grams or more, and d) the defendant knew the substance was cocaine. § 893.135(1), Fla....

...State, 723 So.2d 307, 308 (Fla. 4th DCA 1998). Under the facts of this case, Williams could not be convicted of his charged offenses, trafficking in cocaine and possession of drug paraphernalia, unless the state proved that he possessed the cocaine and the drug paraphernalia. §§ 893.135(1)(b)1., 893.147(1), Fla....

...2d DCA 1999)(holding that allegation that jury received erroneous written instruction could form basis for post-conviction relief even though correct instruction was read to the jury). Judgments and Sentences REVERSED; causes REMANDED. SAWAYA, C.J., and COBB, W., Senior Judge, concur. NOTES [1] See §§ 893.135(1)(b)1.c., 893.13(6)(b), 893.147(1), Fla....

...Dohn Williams, Jr., Hollywood, for appellant. Jim Smith, Atty. Gen., Tallahassee, and Marlyn J. Altman, Asst. Atty. Gen., West Palm Beach, for appellee. BERANEK, Judge. The defendant appeals his conviction and sentence for trafficking in cocaine under Section 893.135, Florida Statutes (1981)....

...Bill McCollum, Attorney General, Tallahassee, and Dawn Elizabeth Adams, Assistant Attorney General, Tampa, for Appellee. WALLACE, Judge. Jose A. Barrientos appeals his judgments and sentences for trafficking in cocaine in an amount greater than 400 grams and less than 150 kilograms, section 893.135(1)(b)(1)(c), Florida Statutes (2005), and possession of more than twenty grams of cannabis, section 893.13(6)(a)....

...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,".... § 893.135(1)(b)(1) (emphasis added)....

...NOTES [1] Today we are issuing an opinion in Jose B.'s appeal from his conviction for trafficking in cocaine. The case number assigned to Jose B.'s appeal is 2D07-1301. [2] Under the statute then in effect, twenty-eight grams or more of cocaine, or any mixture containing cocaine, constituted a trafficking amount. § 893.135(1)(b)(1)....

...On his return, he placed the shoebox on the hood of the vehicle, opened it and began to count the money. Officer Gutierrez then gave a signal to surveillance units, who moved in and arrested the defendants. The state attorney's office charged Sobrino and Diaz with trafficking in cannabis, a violation of section 893.135(1)(a), Florida Statutes (1983), by alleging that they "did knowingly take or accept delivery for compensation and aided, abetted, couseled, [sic] and procured the delivery, in excess of 100 pounds but less than 2,000 pounds of CANNABI...

...State, 277 So.2d 1 (Fla. 1973). The state attorney has accurately alleged the facts in this case. The problem is that the facts alleged, the purchase of cannabis, do not constitute violations of the statutory provisions alleged in the information. Section 893.135(1)(a) of the Florida Statutes provides that "[a]ny person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, in excess of 100 pounds of cannabis" is guilty of the first degree felony of trafficking in cannabis....

...To receive or obtain something in exchange for compensation is to purchase. The American Heritage *1335 Dictionary 1061 (W. Morris ed. 1973). Though the legislature may desire, in the future, to include purchases within its definition of trafficking, section 893.135(1)(a) does not presently prohibit the purchase of cannabis....

...conspiring to possess over 100 pounds of cannabis. The first district's affirmance of the convictions in Orantes certainly supports the proposition that one who conspires to possess cannabis can be convicted of conspiracy to traffic in violation of section 893.135(4), Florida Statutes (1983)....

...by possession because the police officers effected the arrest before Sobrino and Diaz were in actual or constructive possession of the drugs. Of course, they could have been charged with attempted trafficking by attempted possession in violation of section 893.135(1)(a) and 777.04(1), Florida Statutes (1983)....

...Stephen Kahn, Terri Jo Kennedy, Leonard Schulte and Jane C. Hayman, Tallahassee, for The Florida Senate, and Mark Herron, Tallahassee, for The Florida House of Representatives, amici curiae. McDONALD, Justice. The state appealed a trial court order declaring section 893.135, Florida Statutes (Supp....

...and will have a great effect on the proper administration of justice throughout the state. We have jurisdiction pursuant to article V, section 3(b)(5), Florida Constitution, and reverse the trial court order. The state charged Kaufman with violating section 893.135(1)(e) by knowingly selling, delivering, or possessing five kilograms or more of methaqualone. Kaufman moved for dismissal, alleging that section 893.135 was unconstitutional because the legislature did not comply with the requirements of article III, section 7, Florida Constitution, in enacting the statute in 1979. After reading the transcripts of recordings of the applicable floor debates, the trial court concluded that the enacting bill in 1979 and the amending bill in 1980 had not been read as required by the constitution and declared section 893.135 unconstitutional. The fifth district then certified the trial court order to this Court. The trial court recognized that, on the face of the legislative journals, both houses of the legislature had properly passed the legislation creating section 893.135 in 1979 and amending it in 1980....

...Given the widespread publication of copies of bills, reading a bill's number or short title identifies which bill is being considered. We cannot say that the legislature's interpretation of the reading requirement is erroneous. We again declare that section 893.135, Florida Statutes (Supp. 1980), is constitutional. The order of the trial court is reversed. It is so ordered. ALDERMAN, C.J., and ADKINS, BOYD, OVERTON, EHRLICH and SHAW, JJ., concur. NOTES [1] This Court has previously held § 893.135 to be constitutional against numerous attacks on its validity....

...See Allen, 335 So.2d at 824 ("[B]efore a confession is admitted the state has the burden of proving by substantial evidence that a crime was committed, and that such proof may be in the form of circumstantial evidence."). In this case, Snell was charged with violating section 893.135(1)(b)1.a., Florida Statutes (2001), which is the offense of trafficking in cocaine....

...State, 757 So.2d 532 (Fla. 4th DCA), rev. denied, 789 So.2d 348 (Fla. 2000), to be similar to the instant case because the trial court failed to perform a sentencing act required by a statute. Robinson entered a plea of guilty to trafficking in cocaine in violation of section 893.135, which carries a mandatory minimum of 15 years' imprisonment and a $250,000 fine....

...ckage he was holding contained heroin and concerning his activities as a lookout for drug trafficking activities. Defendant made the statements to the police officer subsequent to his guilty plea in an attempt to provide substantial assistance under section 893.135(3), Florida Statutes (1983), in return for a reduced sentence....

...In the absence of any specific contrary legislative intent, we interpret the Youthful Offender Act, chapter 958, to be a separate statutory scheme for treatment of those young defendants to whom the act applies, regardless of the nature of their crimes. While we recognize that the legislative intent behind section 893.135's minimum mandatory sentencing requirements for certain drug offenses is to provide severe punishment for those who are engaged in narcotic trafficking in an effort to take strong measures to combat Florida's drug problems, we do not...

...Although the initial tests had been performed eleven months prior to trial, the supplemental analysis was conducted the day before the trial began. The significance of the new finding was that it provided evidence which, by itself, would support a trafficking charge. (Section 893.135(1)(b)(1), Florida Statutes (1985), requires twenty-eight grams or more to support a trafficking charge.) More importantly, the new evidence was found inside the residence....

...Houston's argument that his daughter was falsely described as a confidential informant is also inaccurate. Dotson referred to her in his affidavit as a confidential source. He testified he did this in order to protect her identity. This was not a false representation. AFFIRMED. PALMER and LAWSON, JJ., concur. NOTES [1] § 893.135(1)(b); § 843.02, Fla....

...t the 3-year minimum imprisonment provision of section 775.087(2), Florida Statutes, is hereby imposed for the sentence specified in this count. Drug Trafficking ____ It is further ordered that the _______ mandatory minimum imprisonment provision of section 893.135(1), Florida Statutes, is hereby imposed for the sentence specified in this count....

...Errickson pled no contest to the charge of giving a false name and proceeded to trial on the trafficking charge. The jury found Errickson guilty of trafficking in hydrocodone as charged and he was sentenced to 180 months as the minimum mandatory sentence under section 893.135, Florida Statutes....

...Saunders, Assistant Public Defender, for Appellant. Robert A. Butterworth, Attorney General, and Trina Kramer, Assistant Attorney General, for Appellee. KAHN, Judge. Appellant James Stanford was charged with and convicted of trafficking cocaine in violation of section 893.135(1)(b)1.a., Florida Statutes (1995)....

...State, 688 So.2d 392 (Fla. 1st DCA 1997) (holding that section 924.051(3) is procedural and applicable to a point raised on appeal where the crime occurred prior to effective date of statute, but appellant was sentenced after that date). Stanford violated section 893.135(1)(b)1.a., Florida Statutes (1995): (b)1....

...In 1993, the Legislature amended the felony offender statute to exempt certain drug possessors and purchasers from habitual felony offender treatment. See Ch. 93-406, § 2, 2911, 2912-2913, Laws of Fla. (codified at § 775.084(1)(a)3., Fla. Stat. (1993)). In the same year, the Legislature amended section 893.135 to eliminate the mandatory minimum terms for certain other drug offenses and to require that those offenses be punished pursuant to the sentencing guidelines. See Ch. 93-406, § 24, 2911, 2954-57, Laws of Fla.(codified at §§ 893.135(1)(a)1., 2.; 893.135(1)(b)1.a, b,; 893.135(1)(c) 1.a, b; 893.135(1)(e)1., 2.; 893.135(1)(f)1., 2., Fla....

...excludes from habitual offender sentencing, where sentence was result of negotiated plea and not illegal, i.e., it did not exceed statutory maximum). Accordingly, appellant's thirty-five year habitual offender sentence is VACATED, and the case is remanded for sentencing pursuant to section 893.135(1)(b)1.a., Florida Statutes (1995)....

...ed substance is involved in the transaction. We answer in the affirmative and reverse the order dismissing the charges below. Michael Baxley was charged with conspiracy to traffic and trafficking in hydrocodone. In order to sustain this charge under section 893.135(1)(c)1, there must be 4 grams or more of the substance or "4 grams or more of any mixture containing any such substance..." But if a tablet contains no more than 15 milligrams of hydrocodone along with other active ingredients which a...

...construe them so as to preserve the force of both without destroying their evident intent). If the number of tablets aggregates 4 grams or more of hydrocodone or a mixture of hydrocodone, then we agree with the State that prosecution is proper under section 893.135....

...identical amount of hydrocodone tablets in the Fourth and Fifth Districts would be subjected to prosecution for possessing a Schedule II substance subject to a mandatory minimum term of imprisonment of 25 years and a mandatory fine of $500,000. See § 893.135(1)(c)(1)(c), Fla....

of cocaine to constitute trafficking under section 893.135(1)(b). Section 775.087(1)(a) does not require

Drugs- 4 <14 Grams in violation of Florida Statute § 893.135(l)(c)(l); two counts of Sale of a Controlled Substance

aiding in the possession of the drug. [2] Section 893.135, Florida Statutes (1987) provides: 893.135

Velunza's first contention is without merit. Section 893.135(1)(b), Florida Statutes (1983), states that:

of trafficking in heroin in violation of section 893.135(1)(c)1. We affirm in part, reverse in part

trafficking in hydrocodone in violation of section 893.135(1)(c), Florida Statutes (1993). We affirm for

pounds but less than 10,000 pounds, pursuant to section 893.135(1)(a)2, Florida Statutes (1985) and to resentence

fifteen-year minimum mandatory sentence required by section 893.135(1)(b)(1)(c), Florida Statutes (2001), applied

holding that the sentence was illegal under section 893.135.[1]See State v. Swider, 654 So.2d 562, 563

grams or more of hydrocodone in violation of section 893.135(1)(c)1, Florida Statutes (1996). For the reasons

exceeding 400 grams, conduct violative of section 893.135(4), Florida Statutes (1985). Munroe urges four

for reducing or suspending a sentence, see section 893.135(3), Florida Statutes (1983), we have been shown

greater than 10,000 pounds in violation of section 893.135, Florida Statutes (1983). The trial court's

amount in excess of 25 pounds, in violation of section 893.135(1)(a)1., Florida Statutes (2006), and was sentenced

that appellant was in essence charged under section 893.135(1)(b)2, Florida Statutes (1981), since both

context, by the amendment to the statute, section 893.135(3), Florida Statutes (1985). We next visit

than 2000 pounds of cannabis in violation of section 893.135, Florida Statutes. Rita had been stopped while

that 200 or more grams of cocaine were involved. § 893.135(1)(b)1.b., Fla. Stat. (1995). Mr. Hudson states

cocaine requires a minimum of 28 grams per section 893.135(1)(b), Florida Statutes (1987), the state elected

with trafficking in marijuana, a violation of section 893.135(1)(a)(1), Florida Statutes (1983). He filed

cannabis in excess of 100 pounds in violation of Section 893.135(1)(a)1, Florida Statutes (Supp. 1980). After

differences between these crimes. Pursuant to section 893.135(1)(b), Florida Statutes (1995), a person traffics

(1993). [3] § 316.1935, Fla. Stat. (1993). [4] § 893.135(1)(b) 1.a., Fla. Stat. (1993).

Chapter 96-388 as amended on July 1, 1996 to section 893.135(b)(1), (a), (b) and (c), Florida Statutes (1996)

mandatory minimum imprisonment provision of section 893.135(1), Florida Statutes, is hereby imposed for

DAUKSCH and THOMPSON, JJ., concur. NOTES [1] § 893.135(1)(b)1., Fla. Stat. (1991).

not constitute substantial assistance under Fla. Stat. 893.135(3), see Campbell v. State, 453 So.2d 525

mixture contained enough heroin to violate section 893.135(1)(c), Florida Statutes (1985). In Ross v.

Trafficking in cocaine, in the amount found in Section 893.135(1)(b)(3), Florida Statutes (1981), carries

but less than 200 grams), a violation of section 893.135(1)(b)1.a., Florida Statutes. Clay argues that

the crime charged, trafficking in cocaine. Section 893.135(1)(b), Florida Statutes, and the instant information

sentences for trafficking possession under section 893.135(1)(b), Florida Statutes (1989),[1] and simple

oxycodone for the same amount, pursuant to section 893.135(1)(c)(1)(c) and 893.135(5), Florida Statutes

State charged that Mr. Sheridan had violated section 893.135, Florida Statutes (2000), by possessing fourteen

specifically charged in the information under section 893.135(5), the trafficking conspiracy subsection,

unless the prosecutor recommended otherwise. See § 893.135(1)(b), Fla. Stat. (1999); see also State v. Taylor

pet. for rev. den, 461 So.2d 115 (Fla. 1984) (F.S. 893.135, the mandatory drug trafficking sentencing statute

Vicodin tablets containing that substance. See § 893.135(1)(c)(1)(c), Fla. Stat. (2004). At his trial,

their motions to dismiss on the grounds that Section 893.135, Florida Statutes, should have been regarded

in excess of 10,000 pounds in violation of section 893.135(1)(a)3, Florida Statutes (1983). Appellant

cocaine in excess of 400 grams, a violation of section 893.135(1)(b), Florida Statutes (1989). This statute

over 400 grams of cocaine, in violation of section 893.135(1)(b)(1)(C), Florida Statutes (2009), and with

14 grams of oxycodone, in violation of Florida Statute 893.135(1)(c)a" (Count II); and possession of a

that the possession and/or delivery violated section 893.135, Florida Statutes (1997-1999), which is the

and held that the drug trafficking statute (section 893.135(1)(c)1, Florida Statutes (Supp. 1996)) did

years. However, appellant's conviction under section 893.135(1)(b)(3), Florida Statutes (1983), required

grams. These sentences are illegal because section 893.135(1)(b)(1)(a) of the Florida Statutes provides

The defendant was charged with violating section 893.135(1)(b)1.a, Florida Statutes (1989), which states

GRIFFIN, JJ., concur. NOTES [1] A violation of Section 893.135(1)(b)(1)(c), Fla. Stat. [2] In determining

defendant's contention on this appeal that Section 893.135, Florida Statutes (1977) is unconstitutional

trafficking and conspiring to traffic in Dilaudid. Section 893.135(5), Florida Statutes (1987), provides for punishment

twenty-eight or more grams of cocaine in violation of section 893.135(1)(b), Florida Statutes (1995). We agree with

she pled guilty to violating Florida Statutes § 893.135(1)(c) 1. (2007), which criminalized various narcotics

amount between 28 and 200 grams, a violation of § 893.135(1)(b)1.a., Florida Statutes. He received a habitual

charged with trafficking in cocaine, pursuant to section 893.135(1)(b)1, Florida Statutes (1991) and possession

than 400 grams, of cocaine in violation of section 893.135(1)(b)1.b., Florida Statutes (2002). As was

four hundred grams of cocaine in violation of section 893.135, Florida Statutes (1983). At the close of the