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Florida Statute 893.1351 | Lawyer Caselaw & Research
F.S. 893.1351 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 893.1351

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 893
DRUG ABUSE PREVENTION AND CONTROL
View Entire Chapter
F.S. 893.1351
893.1351 Ownership, lease, rental, or possession for trafficking in or manufacturing a controlled substance.
(1) A person may not own, lease, or rent any place, structure, or part thereof, trailer, or other conveyance with the knowledge that the place, structure, trailer, or conveyance will be used for the purpose of trafficking in a controlled substance, as provided in s. 893.135; for the sale of a controlled substance, as provided in s. 893.13; or for the manufacture of a controlled substance intended for sale or distribution to another. A person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) A person may not knowingly be in actual or constructive possession of any place, structure, or part thereof, trailer, or other conveyance with the knowledge that the place, structure, or part thereof, trailer, or conveyance will be used for the purpose of trafficking in a controlled substance, as provided in s. 893.135; for the sale of a controlled substance, as provided in s. 893.13; or for the manufacture of a controlled substance intended for sale or distribution to another. A person who violates this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) A person who is in actual or constructive possession of a place, structure, trailer, or conveyance with the knowledge that the place, structure, trailer, or conveyance is being used to manufacture a controlled substance intended for sale or distribution to another and who knew or should have known that a minor is present or resides in the place, structure, trailer, or conveyance commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) For the purposes of this section, proof of the possession of 25 or more cannabis plants constitutes prima facie evidence that the cannabis is intended for sale or distribution.
History.s. 1, ch. 91-118; s. 10, ch. 99-188; s. 22, ch. 2000-320; s. 1, ch. 2002-212; s. 14, ch. 2005-128; s. 2, ch. 2008-184; s. 43, ch. 2016-105; s. 125, ch. 2019-167.

F.S. 893.1351 on Google Scholar

F.S. 893.1351 on Casetext

Amendments to 893.1351


Arrestable Offenses / Crimes under Fla. Stat. 893.1351
Level: Degree
Misdemeanor/Felony: First/Second/Third

S893.1351 - DRUGS-TRAFFIC - RENUMBERED. SEE REC # 6484 - F: T
S893.1351 1 - DRUGS-TRAFFIC - OWN RENT STRUCTURE VEH KNOW TRAFFIC DRUGS - F: T
S893.1351 1 - DRUGS-SELL - OWN RENT STRUCTURE VEH KNOW SELL DRUGS - F: T
S893.1351 1 - DRUGS-PRODUCE - OWN RENT STRUCTURE VEH KNOW DRUGS MFGRD - F: T
S893.1351 2 - DRUGS-TRAFFIC - POSSESS STRUCTURE VEH KNOW TRAFFIC DRUGS - F: S
S893.1351 2 - DRUGS-SELL - POSSESS STRUCTURE VEH KNOW SELL DRUGS - F: S
S893.1351 2 - DRUGS-PRODUCE - POSSESS STRUCTURE VEH KNOW DRUGS MFGRD - F: S
S893.1351 3 - DRUGS-PRODUCE - POSS STRUCT VEH KNOW DRUGS MFGRD MINOR PRESENT - F: F



Annotations, Discussions, Cases:

Cases from cite.case.law:

MORRIS, a k a v. STATE, 264 So. 3d 1036 (Fla. App. Ct. 2019)

. . . Section 893.1351(2), Florida Statutes (2016), prohibits knowingly possessing a "conveyance with the knowledge . . . This court concluded that the State failed to show that a crime was committed under section 893.1351( . . .

HUNT, DOC v. STATE, 256 So. 3d 243 (Fla. App. Ct. 2018)

. . . Section 893.1351(2), Florida Statutes (2016), provides that "[a] person may not knowingly be in actual . . . (Emphasis added.) " '[W]ill be used' is the operative language of section 893.1351(2). . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 238 So. 3d 192 (Fla. 2018)

. . . A CONTROLLED SUBSTANCE] [MANUFACTURING A CONTROLLED SUBSTANCE INTENDED FOR SALE OR DISTRIBUTION] § 893.1351 . . . Give if applicable. § 893.1351(4), Fla. Stat. . . . nature of the substance must be proven if the State is prosecuting under the trafficking prong of § 893.1351 . . . Stat. § 893.1351(1), Florida Statutes, requires that the place will be used for certain drug-related . . . activity while § 893.1351(3), Florida Statutes, requires that the place was being used to manufacture . . .

THAMES, DOC v. STATE, 230 So. 3d 566 (Fla. Dist. Ct. App. 2017)

. . . Thames guilty of the crime defined in section 893.1351(2). . . . THE INSTRUCTION AS FUNDAMENTAL ERROR Section 893.1351(2) contains two separate elements regarding knowledge . . . Section 893.1351(2), Florida Statutes (2014), the statutory provision under review here, uses' the term . . . I take the word “knowingly” as used in section 893.1351(2) to mean that the accused’s possession of the . . . The legislature defined the offense in section 893.1351(2) to require that the State establish both of . . . Section 893.1351(2) reads: “A person may not knowingly'■ be in actual or constructive possession of any . . . ” be in actual or constructive possession of the conveyance to be found guilty of violating section 893.1351 . . . instructions as to what constituted his possession of this particular conveyance for purposes of section 893.1351 . . . Although the information. charged Mr, Thames with the crime defined in section 893.1351(2), and The jrny . . . Our colleague recognizes that section 893.1351(2)’s inclusion of the word "knowingly” imparts “a distinct . . .

ZEIGLER, v. STATE, 198 So. 3d 1005 (Fla. Dist. Ct. App. 2016)

. . . issues regarding his convictions on multiple counts, including the charge that he violated section 893.1351 . . . See § 893.1351(2), Fla. Stat. . . . commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. § 893.1351 . . .

G. AGRESTA, v. CITY OF MAITLAND,, 159 So. 3d 876 (Fla. Dist. Ct. App. 2015)

. . . See §§ 893.13(l)(c); 893.1351(2), Fla. Stat. (2008). . . . See § 893.1351(4), Fla. . . .

DELGADO- GEORGE, v. STATE, 125 So. 3d 1031 (Fla. Dist. Ct. App. 2013)

. . . conveyance used for the trafficking, sale, or manufacture of controlled substances in violation of section 893.1351 . . . Because we find that the State presented insufficient evidence to support a conviction under section 893.1351 . . . At issue in this case is whether Delgado-George’s actions violated section 893.1351(2). . . . Section 893.1351(2) provides, in pertinent part:' A person may not knowingly be in actual or constructive . . . “[W]ill be used” is the operative language of section 893.1351(2). . . .

STATE v. MARRON,, 111 So. 3d 210 (Fla. Dist. Ct. App. 2013)

. . . place [or] structure ... will be used for the purpose of trafficking in a controlled substance_" § 893.1351 . . .

STATE v. MARRON,, 106 So. 3d 1005 (Fla. Dist. Ct. App. 2013)

. . . .” § 893.1351(2), Fla. Stat. (2008). . . .

M. GIZAW, v. STATE, 71 So. 3d 214 (Fla. Dist. Ct. App. 2011)

. . . See §§ 893.135(l)(a)(l), 893.1351(2), 893.147(l)(a), Fla. Stat. (2008). . . .

EWING, v. STATE, 56 So. 3d 67 (Fla. Dist. Ct. App. 2011)

. . . See § 893.1351(2). . . .

FRANKLIN, v. STATE, 887 So. 2d 1063 (Fla. 2004)

. . . funds to service providers convicted of certain offenses, s. 782.04(4)(a), F.S., relating to murder, s. 893.1351 . . .