Florida/Georgia Personal Injury & Workers Compensation

...Wilkerson was also searched and arrested for: (1) possession of crack cocaine, in violation of section 893.13(1)(f); (2) possession of cannabis, in violation of section 893.13(1)(g); (3) possession of illicit drug paraphernalia, in violation of section 893.147; and (4) obstruction of a law officer in the execution of his legal duties. 11 louder and more profanely as a large crowd gathered....

...4th DCA 1981). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We hold that guilty knowledge is an element of possession of a controlled substance under section 893.13(1)(f), Florida Statutes (1991), and possession of drug paraphernalia under section 893.147(1), Florida Statutes (1995)....

...We agree with this view and, consistent therewith, conclude that the criminal statutes at issue before us today are more akin to offenses that presume a scienter requirement in the absence of express contrary intent. [10] The penalties imposed *743 for violating sections 893.13(6)(a) and 893.147(1) are incongruous with crimes that require no mens rea....

...Hence, the State's position really supports our holding and we commend the State for its forthright approach and candor. Sufficiency of the Information Although by statutory construction we find that guilty knowledge is an element of the crimes defined in sections 893.13(6)(a) and 893.147(1), we hold that the trial court did not err in denying petitioner's motion to dismiss the information....

...[14] We hold that the defendant was entitled to a more specific instruction as requested here. CONCLUSION We quash Chicone v. State, 658 So.2d 1007 (Fla. 5th DCA 1994), because it held that the State did not have to prove that Chicone knew of the illicit nature of the items he possessed under sections 893.13(6)(a) and 893.147(1), Florida Statutes (1993), and find that it was error for the trial court to deny Chicone's request for a special jury instruction on knowledge....

...al or constructive possession of a controlled substance except as otherwise authorized by this chapter. Any person who violates this provision commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. [2] § 893.147(1), Fla....

...All crimes of possession may be actual or constructive. See, e.g., Fla. Std. Jury Instr. (Crim.) 245. Case law interpreting the meaning of actual or constructive possession of a controlled substance under section 893.13(1)(f) is equally applicable to section 893.147....

...Valderrama had committed the crime of possession of drug paraphernalia. See Case v. Eslinger, 555 F.3d 1317, 1327 (11th Cir. 2009) (noting that probable cause “requires only a probability or substantial chance of criminal activities” (internal quotation marks omitted)); see also Fla. Stat. § 893.147(1) (“It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia ....

...849.093 and .085, an appropriate instruction should be given. Explanation of amendments: This instruction is on page 199 of the manual. The addition of "and .085" is to ensure that F.S. 849.085 is not overlooked. [Page A-67] *1245 DRUG ABUSE — USE OR POSSESSION OF DRUG PARAPHERNALIA (Amended) F.S. 893.147(1) Before you can find the defendant guilty of Use or Possession of Drug Paraphernalia, the State must prove the following two elements beyond a reasonable doubt: Elements 1....

...(12) The existence and scope of legitimate uses for the object in the community. (13) Expert testimony concerning its use. Explanation of amendments: This instruction begins on page 245 of the manual. The title and paragraph (1) is revised to conform to the wording of F.S. 893.147(1)....

...f cannabis — 893.13(1)(g) Obtaining controlled None substances by fraud — 893.13(3)(a)1 Sale, purchase, etc., near None Sale, purchase, public school — 893.13(1)(e) manufacture, etc., 893.13(1)-(4) Possession of drug None Attempt paraphernalia — 893.147(1) [Page A-89] *1267 CHARGED OFFENSES CATEGORY 1 CATEGORY 2 Delivery, possession with None Attempt, except when intent to deliver, or delivery is charged manufacture with intent to deliver drug paraphernalia — 893.147(2) Delivery of drug paraphernalia None None to a minor — 893.147(3) Trafficking in cannabis None Attempt, except when — 893.135(1)(a) 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)(f) Possession...

...-- 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)]. 25.14 DRUG ABUSE — USE OR POSSESSION OF DRUG PARAPHERNALIA § 893.147(1), Fla....

...If you have a reasonable doubt on the question of whether (defendant) knew of the illicit nature of the controlled substance, you should find (defendant) not guilty. Lesser Included Offenses ---------------------------------------- POSSESSION OF DRUG PARAPHERNALIA — 893.147(1) ---------------------------------------- CATEGORY CATEGORY FLA....

...1 and amended in 1989, 1992 [603 So.2d 1175], and 1997 [697 So.2d 84], and 2007. See also SC03-629 [869 So.2d 1205 (Fla.2004)]. 25.15 DRUG ABUSE — DELIVERY, POSSESSION WITH INTENT TO DELIVER, OR MANUFACTURE WITH INTENT TO DELIVER DRUG PARAPHERNALIA § 893.147(2), Fla....

...nature of the controlled substance, you should find (defendant) not guilty. Lesser Included Offenses ------------------------------------------- DELIVERY, POSSESSION WITH INTENT TO DELIVER, OR MANUFACTURE WITH INTENT TO DELIVER DRUG PARAPHERNALIA — 893.147(2) ------------------------------------------- CATEGORY CATEGORY FLA....

...777.04(1) 5.1 when delivery is charged Comment This instruction was adopted in 1981 and amended in 1989, and 1997 [697 So.2d 84], and 2007. See also SC03-629 [869 So.2d 1205 (Fla.2004)]. 25.16 DRUG ABUSE — DELIVERY OF DRUG PARAPHERNALIA TO A MINOR § 893.147(3), Fla.Stat....

...Flagg was arrested, and during a search incident to arrest, a crack pipe was discovered in Flagg's pocket. *140 Flagg was charged with possession of a controlled substance in violation of section 893.13(6)(a), a third-degree felony, and possession of drug paraphernalia in violation of section 893.147(1)(b), a first-degree misdemeanor Flagg filed a motion to suppress the drugs and crack pipe on the basis that the stop was illegal....

...reverse the sentence. Background The State charged Ayers with the third-degree felony offense of possession of cocaine in violation of section 893.13, Florida Statutes (2003), and the misdemeanors of *944 possession of paraphernalia in violation of section 893.147 and fleeing or attempting to elude in violation of section 316.1935, Florida Statutes (2003)....

...Reynolds further contends that we should imply a requirement of specific intent under the reasoning of our opinion in Chicone v. State, 684 So.2d 736, 737-38 (Fla.1996), wherein we examined section 893.13(1)(f), Florida Statutes (1991) (possession of controlled substance), and section 893.147(1), Florida Statutes (1995) (possession of drug paraphernalia)....

...She was charged by information with four offenses: (1) possession of crack cocaine, in violation of section 893.13(1)(f); (2) possession of cannabis, in violation of section 893.13(1)(g); (3) possession of illicit drug paraphernalia, in violation of section 893.147; and (4) obstruction of a law officer in the execution of his legal duties without offering or doing violence to such officer, in violation of section 843.02....

...fer from the evidence. Id., at 1271; Mitchell v. State, 493 So.2d 1058, 1060 (Fla. 1st DCA 1986). Appellant in this case was charged at Count II of the information with unlawful use or possession with intent to use drug paraphernalia, a violation of section 893.147(1)(b), Florida Statutes....

...lements beyond a reasonable doubt: 1. (Defendant) had in his possession drug paraphernalia. 2. (Defendant) had knowledge of the presence of the drug paraphernalia. As appellant asserts, the jury instruction is an incomplete statement of the law. See § 893.147(1), Fla....

...forded him an opportunity to correct, or avoid, the error early in the proceedings. In a similar vein, although defense counsel did not submit a written version of the requested instruction, the transcript reflects that counsel referred the judge to section 893.147(1) of the Florida Statutes and to Count II of the information, both of which constitute written versions of the requested instruction....

...[1] Accordingly, the denial of the requested jury instruction is reversed, and the matter is remanded for new trial on the Count II charge of possession of drug paraphernalia, after which the jury should be instructed in a manner which comports with section 893.147(1)(b), Florida Statutes....

...pocket, a marijuana pipe, and rolling papers. Consequently, he was also charged with one count of possession of cannabis in violation of section 893.13(6)(b), Florida Statutes (2002), and one count of possession of drug paraphernalia in violation of section 893.147, Florida Statutes (2002)....

...The motion to dismiss recited the following facts. 1. The Defendant is charged in this case with Ct. 1 Possession of a Concealed *596 Weapon by a Convicted Felon in violation of Fla. Stat. 790.23, Ct. 2, Possession of Drug Paraphernalia in violation of Fla. Stat. 893.147(1) for an incident occurring on May 5, 2003....

...State, 789 So.2d 1059 (Fla. 4th DCA 2001), rev. denied, 817 So.2d 846 (Fla.2002); Evans v. State, 703 So.2d 1201 (Fla. 1st DCA 1997). REVERSED and REMANDED for further proceedings. THOMPSON and MONACO, JJ., concur. NOTES [1] § 790.23, Fla. Stat. [2] § 893.147(1), Fla....

..., 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)....

...State, 266 So.2d 92 (Fla. 3d DCA), cert. denied, 271 So.2d 140 (Fla. 1972). The totality of the circumstances in this case was sufficient to provide the deputies reason to believe that the defendant had been in possession of drug paraphernalia in violation of section 893.147 and, therefore, furnished probable cause for them to arrest the defendant....

...The State is correct, and its motion is granted. See, Cheramie v. Tucker, 493 F.2d 586 (5th Cir. 1974), cert. denied, 419 U.S. 868, 95 S.Ct. 126, 42 L.Ed.2d 107 (1974). [4] The Merits The Vagueness Challenge Chapter 80-30 adds four crimes to the Florida Statutes. Section 893.147 defines them as follows: § 893.147 Possession, manufacture, delivery, or advertisement of drug paraphernalia....

...finds the element of intent only when it construes the law as a whole. The Florida Legislature, for reasons the Defendants have not been able to explain, departed from the Model Act in this matter. The result is an unconstitutionally defined crime. Section 893.147(1) simply prohibits possession of drug paraphernalia....

...Purchase of a hand mirror would be a crime if the manufacturer had lines of cocaine in mind rather than primping. A tobacconist would have to guess each time he sold a water pipe whether the purchaser intended smoking tobacco or marijuana. All these scenarios are possible under Section 893.147(1)....

...They demonstrate the problem a law-abiding citizen would have determining whether she possessed paraphernalia. They also demonstrate the danger of arbitrary discriminatory enforcement. Relying as it does on past and future intentions of third parties, Section 893.147(1) sets "`a net large enough to catch all possible offenders, and leave[s] it to the courts to step inside and say who could be rightfully detained, and who should be set at large.' United States v....

...Reese, 92 U.S. 214, 221, 23 L.Ed.2d 563, 566." Papachristou v. City of Jacksonville, 405 U.S. 156, 165, 92 S.Ct. 839, 845, 31 L.Ed.2d 110, 117 (1972). The Constitution *353 will not allow such a broadly sweeping, ambiguous law. The remaining parts of § 893.147 track the MDPA and fare better for it. Aside from their arguments about the definition of paraphernalia, Plaintiffs concede that the part of Section 893.147(2) prohibiting delivery, possession with intent to deliver, and manufacturing with intent to deliver of paraphernalia knowing the recipient will use the paraphernalia illegally is constitutional....

...They argue the statute holds a defendant accountable for a third party's actions. The New Jersey District Court agreed in Knoedler v. Roxbury Township, 485 F.Supp. 990 (D.N.J. 1980). It felt a similar law held a merchant or manufacturer responsible for inaccurate speculation. I disagree and find Section 893.147(2) constitutional....

...Woodbridge Township, 493 F.Supp. 428 (D.N.J.1980); United States v. Featherston, 461 F.2d 1119 (5th Cir. 1972), cert. denied, 409 U.S. 991, 93 S.Ct. 339, 34 L.Ed.2d 258 (1972); United States v. Novel, 444 F.2d 114 (9th Cir. 1971). The remaining subsections of Section 893.147 are constitutional....

...665, 92 L.Ed. 840 (1948). The Plaintiffs have not identified any constitutionally protected activity arguably within the scope of Chapter 80-30, and *354 I can see none. Chapter 80-30 is not unconstitutionally overbroad. The First Amendment Challenge Section 893.147(4) forbids placing in any publication "any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or inte...

...are. A state may constitutionally prohibit speech soliciting illegal activity. Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations, 413 U.S. 376, 93 S.Ct. 2553, 37 L.Ed.2d 669 (1973). Prohibiting advertisement of illegal activity is all Section 893.147(4) does, and it is constitutional....

...Severability Chapter 80-30 contains a severability clause providing the invalidity of any section shall not affect the validity of any other provision. The unconstitutional portion of Chapter 80-30 can be stricken without harming the remainder of the statute. Summary Section 893.147(1), as it appears in Chapter 80-30, Laws of Florida (1980), is unconstitutionally vague. The remainder of Chapter 80-30 is constitutional. Accordingly, it is ORDERED AND ADJUDGED: Section 893.147(1), Florida Statutes (Supp.1980), as it appears in Section 3 of Chapter 80-30, Laws of Florida (1980), is declared unconstitutional, and the Defendants are enjoined from enforcing it....

...6 An act relating to drug abuse prevention and control; creating s. 893.145, Florida Statutes, defining the term "drug paraphernalia"; creating s. 893.146, Florida Statutes, providing a procedure for determining whether *355 or not an object is drug paraphernalia; creating s. 893.147, Florida Statutes, prohibiting the possession, manufacture, delivery, or advertisement of drug paraphernalia; amending s....

...(11) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise. (12) The existence and scope of legitimate uses for the object in the community. (13) Expert testimony concerning its use. Section 3. Section 893.147, Florida Statutes, is created to read: 893.147 Possession, manufacture, delivery, or advertisement of drug paraphernalia; (1) Possession of drug paraphernalia.—It is unlawful for any person to possess drug paraphernalia....

...CODING: Words in struck through type are deletions from existing law; words in underscored type are additions. NOTES [1] The "Head Shop" law, formally known as Chapter 80-30, Laws of Florida (1980), and soon to be codified as Sections 893.145, 893.146, 893.147, and 893.12, Florida Statutes (Supp.1980), is appended....

...he manufacture of cannabis. See § 893.13(1)(a)2, Fla. Stat. (1993). The statutory maximum for this offense is a term of imprisonment not exceeding 5 years. § 775.082(3)(d), Fla. Stat. (1993). As to the possession of drug paraphernalia offense, see section 893.147(1), the court sentenced Williams to one year probation concurrent with the 2 years' community control....

...In keeping with the prior admonition, Jordan was subsequently charged with introduction of contraband into a county detention facility in violation of section 951.221(1), Florida Statutes (1999), a third degree felony, and the misdemeanor offense of possession of paraphernalia in violation of section 893.147(1), Florida Statutes (1999)....

...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). [4] § 893.13(6)(a). [5] § 893.13(6)(b). [6] § 893.147(1)....

...Because we reverse, we need not address the trial court's sentencing of Thomas to five years of probation for the first degree misdemeanor of possession of drug paraphernalia. REVERSED. PETERSON and DIAMANTIS, JJ., concur. NOTES [1] § 893.13(1)(f), Fla. Stat. (1991). [2] § 893.147, Fla....

...tion with the arrest of the appellee, Kevin Kibbee. We reverse. Kibbee was charged by information with possession of a controlled substance in violation of section 893.13, Florida Statutes (1985), and possession of drug paraphernalia in violation of section 893.147, Florida Statutes (1985)....

...street, and reduce the possibility of arrest. On March 29, 1990, the Jenks were arrested and charged with manufacturing (cultivating) cannabis, pursuant to Section 893.13, Florida Statutes (1989), and possession of drug paraphernalia, a violation of Section 893.147, Florida Statutes (1989)....

...intent to manufacture a controlled substance (methamphetamine), a second-degree felony in violation of sections 893.149 & 777.011, Florida Statutes (2004); and one count of possession of drug paraphernalia, a first-degree misdemeanor in violation of section 893.147(1)(b), Florida Statutes (2004)....

...This evidence had been seized by the Metropolitan Bureau of Investigation and used against Kern in his criminal case. The court found "probable cause" that the evidence was contraband. We affirm, but modify the order as set forth herein. Kern was charged on June 28, 1996, with delivery of drug paraphernalia, a violation of section 893.147(2), Florida Statutes (1995)....

...e jury's verdict. REVERSED and REMANDED with instructions. HARRIS and PLEUS, JJ., concur. NOTES [1] The trial judge ruled that Hawkins was guilty of attempted robbery. Hawkins was also found guilty of possession of drug paraphernalia in violation of Section 893.147(1)(b), Florida Statutes (1999)....

...Thaler, Public Housing Consent Clauses: Unconstitutional Condition or Constitutional Necessity?, 63 Fordham L.Rev. 1777 (1995). Reversed and remanded. FULMER, J., and PELLECCHIA, DONALD E., Associate Judge, Concur. NOTES [1] See § 893.13(1)(a), Fla. Stat. (1997). [2] See § 893.147, Fla....

...ry the standard instruction on the elements of the crime of possession of drug paraphernalia, it failed to add the element of intent. That standard jury instruction, which omits that element, is an incomplete statement of the law. Id. at 644 (citing section 893.147(1))....

...tricken in part. RYDER, A.C.J., and BLUE, J., concur. NOTES [1] These crimes were in violation of section 843.02, Florida Statutes (1989); section 893.13(1)(a)2, Florida Statutes (Supp. 1990); section 893.13(1)(a)3, Florida Statutes (Supp. 1990) and section 893.147(1), Florida Statutes (1989), respectively. [2] Section 893.147(1) states: "It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia......

...PETERSON, C.J., and COBB, J., concur. NOTES [1] §§ 782.04(2), 777.04(1), and (4), Fla. Stat. (1993). [2] § 810.02(2)(a), and (b), Fla. Stat. (1993). [3] §§ 784.021(1)(a) and 784.07(2)(c), Fla. Stat. (1993). [4] § 790.23, Fla. Stat. (1993). [5] § 893.147(1), Fla....

...of section 893.13(1)(a)(1), Florida Statutes (2003). While waiting for sentencing for those violations, Mr. Roper was arrested and charged with possession of cocaine in violation of section 893.13(6), possession of drug paraphernalia in violation of section 893.147(1), as well as obstruction by a disguised person contrary to section 843.03....

intended for use as drug paraphernalia.” Fla.Stat. § 893.147(4) (Supp.1982); Hollywood, Florida, Ordinance

possession of drug paraphernalia, Fla. Stat. § 893.147. The case proceeded to a one-day jury trial on

...[2] In lower tribunal case number 07-18004, Lanier was charged with threatening to throw a destructive device—a bomb—in violation of section 790.162, Florida Statutes (2007), possession of cocaine, in violation of section 893.13, Florida Statutes (2007), and possession of drug paraphernalia, in violation of section 893.147(1), Florida Statutes (2007)....

...1061, 98 L.Ed.2d 1023 (1988); State v. LeCroy, 461 So.2d 88 (Fla. 1984), cert. den., LeCroy v. Florida, 473 U.S. 907, 105 S.Ct. 3532, 87 L.Ed.2d 656 (1985). CONVICTIONS REVERSED, APPELLANT DISCHARGED. HARRIS and DIAMANTIS, JJ., concur. NOTES [1] § 893.135, Fla. Stat. (1989). [2] § 893.147, Fla....

...Public Defender, Tallahassee, for appellant. Robert A. Butterworth, Atty. Gen., and Mark C. Menser, Asst. Atty. Gen., Tallahassee, for appellee. ZEHMER, Judge. Jimmie Lee Williams was convicted following a jury trial of possession of drug paraphernalia contrary to section 893.147(1), Fla....

...Detective Fry's testimony that scales of the type seized are commonly used to weigh controlled substances is, standing alone, insufficient to prove that the scale was "designed for use in weighing or measuring controlled substances" as required by the statute. The state failed to prove that Williams violated section 893.147(1), making it unlawful to use, or possess with intent to use, drug paraphernalia....

...I concur with the majority that the conviction must be reversed because the State failed to establish that appellant was in constructive possession of the items found in his apartment or that the triple beam balance scale appellant admitted owning fell within the purview of Sections 893.145 and 893.147, Florida Statutes....

...the cigarette's presence. Significant is the fact that the pack had been circulated among other inmates and had been out of appellant's exclusive control for a period of time. Similarly, in the instant case the conviction must be reversed. NOTES [1] Section 893.147(1) makes it "unlawful for any person to use or possess with intent to use, drug paraphernalia ..." [2] Thompson v....

...We reverse because the dismissal was too severe a sanction in this case. Terry Lee Burnison was charged with possession of a short-barreled shotgun, contrary to section 790.221, Florida Statutes (1981), and possession of drug paraphernalia, contrary to section 893.147, Florida Statutes (1981)....

...In September 1994, Appellant filed a motion for correction of sentence alleging four grounds for relief. From the order denying relief, Appellant raises the same issues on appeal. The first issue concerns the Count II offense, which is a misdemeanor. § 893.147, Fla....

...a lab report admitted under the federal business records exception rule because this exception was "firmly rooted"). Cf. United States v. Garnett, 122 F.3d 1016 (11th Cir.1997). NOTES [1] § 893.13(1), Fla. Stat. [2] § 893.13(6)(a), Fla. Stat. [3] § 893.147(1)(b), Fla....

...y, see Bordenkircher, 434 U.S. at 365, 98 S.Ct. 663. The conviction is affirmed. AFFIRMED. SAWAYA and TORPY, JJ., concur. NOTES [1] §§ 812.13(2)(a); 775.087, Fla. Stat. [2] §§ 790.23; 775.087(2)(a)(1), Fla. Stat. [3] § 790.01(2), Fla. Stat. [4] § 893.147(1), Fla....

...1990) (traffic stop must last no longer than the time it takes to write the citation). Finding no merit in the defendant's claims of error, we affirm his judgments and sentences. AFFIRMED. DAUKSCH and W. SHARP, JJ., concur. NOTES [1] §§ 893.03(2)(a)4; 893.13(6)(a) Fla. Stat. (1995). [2] § 893.147, Fla....

...Talavera v. State, 186 So.2d 811 (Fla. 2d DCA 1966). That burden has not been met in this case. Reversed with directions to discharge the appellant. CAMPBELL, C.J., and RYDER and DANAHY, JJ., concur. NOTES [1] § 893.13(1)(f), Fla. Stat. (1987). [2] § 893.147(1)(b), Fla....

...ction 893.135(1)(b)(1)(c), Florida Statutes (1997); selling or possessing a motor vehicle with altered vehicle identification numbers, a violation of section 319.33(1)(d), Florida Statutes (1997); and possession of drug paraphernalia, a violation of section 893.147(1), Florida Statutes (1997)....

...State, 599 So.2d 246 (Fla. 1st DCA 1992); DuBose v. State, 585 So.2d 1198 (Fla. 1st DCA 1991). Therefore, it is reversible error to habitualize Mitchell's sentence in Count V for possession of drug paraphernalia, a first-degree misdemeanor pursuant to section 893.147(1), Florida Statutes....

...The State's information additionally charged Young with one count of possession of not more than 20 grams of cannabis, in violation of section 893.03(1)(c) & 893.13(6)(b), Florida Statutes (2004); and one count of possession of paraphernalia for storage, in violation of section 893.147(1)(a), Florida Statutes....

...Given that the authority to search the vehicle was explicitly within the search warrant a final, and conclusive, authority for doing so exists. REVERSED AND REMANDED. PETERSON, C.J., and ANTOON, J., concur. NOTES [1] §§ 893.13(6)(a) and 893.03(2)(a)4, Fla.Stat. (1995). [2] § 790.23, Fla.Stat. (1995). [3] § 893.147(1), Fla.Stat....

...e there was no evidence suggesting that criminal activity was afoot. On remand, the trial court is directed to vacate the judgment and sentence and grant the motion to suppress. REVERSED and REMANDED. ORFINGER, CJ., and PALMER, J., concur. NOTES [1] § 893.147(1), Fla....

...ial court erred in refusing to give his special jury instructions. We agree and reverse. In this case, the State charged Oliver with possession of a controlled substance and possession of drug paraphernalia, in violation of sections 893.13(6)(a) and 893.147(1), Florida Statutes (1995)....

...nature of the substance or object he possessed. [1] Oliver argues that the Florida Supreme Court's decision in Chicone v. State, 684 So.2d 736 (Fla.1996), is directly on point. In Chicone, the supreme court interpreted both section 893.13(6)(a) and section 893.147(1) as necessarily including a scienter requirement (i.e....

...to him to be cocaine and that the object he possessed was known to him to be drug paraphernalia in order for there to be a conviction. The trial court denied these instructions and gave the standard jury instruction for section 893.13(1)(f) [3] and section 893.147(1) [4] along with the standard jury instructions on reasonable doubt, which the trial judge read twice....

...We reverse, because the trial court erred in shifting the burden instead of determining the issue based upon the totality of the circumstances, including weighing the credibility of the officers' testimony, which the court itself questioned. The state charged Lewis with use or possession of drug paraphernalia in violation of section 893.147(1), Florida Statutes (2005), and possession of cocaine in violation of section 893.13(6)(a), Florida Statutes (2005)....

...In her purse, the officers found a baggie with cocaine residue and two grams of methamphetamine. They found marijuana on her person. Appellant was charged with possession of methamphetamine (§ 839.13(6), Fla. Stat. (1995)), possession of cannabis *291 (§ 893.13(6), Fla. Stat. (1995)), possession of drug paraphernalia (§ 893.147(1), Fla....

...ALLEN, J. In this direct criminal appeal, the appellant challenges an order by which the trial court granted the appellee's motion to dismiss a count of an information charging the appellee with using drug paraphernalia to transport cocaine in violation of section 893.147(4), Florida Statutes. The trial court's ruling was based upon its conclusion that section 893.147(4) is unconstitutional because the statutory term "transport" is overbroad and vague....

...After he was detained for a moving traffic violation, the appellee was found to be in possession of two cocaine rocks which were contained within a vial he was carrying in the pocket of his trousers. As a consequence of these circumstances, the appellee was charged with violation of section 893.147(4), which provides that it is unlawful to use, possess with the intent to use, or manufacture with the intent to use drug paraphernalia, knowing or under circumstances in which one reasonably should know that it will be used to transp...

...ntrolled substances," as well as "[c]ontainers and other objects used, intended for use, or designed for use in storing, concealing, or transporting controlled substances." We reject the trial court's conclusion that the term "transport," as used in section 893.147(4), rendered the statute unconstitutionally overbroad....

...Amendment. See Sult v. State, 906 So.2d 1013 (Fla.2005); Southeastern Fisheries Ass'n, Inc. v. Department of Natural Resources, 453 So.2d 1351 (Fla.1984). Because there is no danger of any such constitutionally-protected conduct being impacted here, section 893.147(4) is not overbroad....

...ther," and it is defined in Webster's Ninth New Collegiate Dictionary 1255 (1989) as "to transfer or convey from one place to another." Although the use of this term in conjunction with the broad statutory definition of drug paraphernalia means that section 893.147(4) will likely apply to a significant number of individuals who at some point possess such paraphernalia or certain controlled substances or contraband, there is nothing unconstitutionally vague about the term itself or the manner in which it is used in the statute....

...Therefore, that five-year sentence is reversed. The judge committed two errors in the imposition of the sentence for possession of drug paraphernalia: He erred in sentencing appellant to five years on that count since that offense is a first-degree misdemeanor pursuant to Section 893.147(1), Florida Statutes, punishable by a term of imprisonment not exceeding one year pursuant to Section 775.082, Florida Statutes....

...strate witnesses who had been subpoenaed for trial. Under these *1053 circumstances, we do not find that the trial court abused its discretion. AFFIRMED. COBB and ANTOON, JJ., concur. NOTES [1] Appeal No. 97-1285. [2] 893.13(1)(a)(1), Fla. Stat. [3] § 893.147(1), Fla....

...court should have granted a motion for judgment of acquittal. We agree and reverse. Subuh was charged with the delivery of drug paraphernalia, or the manufacture or possession of drug paraphernalia with the intent to deliver in violation of chapter 893.147(2)(b), Florida Statutes (1997)....

...The delivery of a glass pipe, or the manufacture or possession with the intent to deliver such an item, however, is not per se illegal. Rather, the State is required to demonstrate that the defendant knew or reasonably should have known that the paraphernalia was to be used for an illicit purpose. Interpreting section 893.147, Florida Statutes (1984), which is essentially the same as the version of the subject statute, the Fifth District opined: The statute does not require that a person unequivocally know that the paraphernalia will be used for an illicit...

...Gardner, Jr., Assistant Public Defender, Tallahassee, for Appellant. *1053 Robert A. Butterworth, Attorney General, and James W. Rogers, Senior Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Appellant was convicted of one count of possession of paraphernalia, in violation of section 893.147, Florida Statutes (1995)....

...CONFESSION OF ERROR PER CURIAM. Upon the forthright and highly commendable confession of error by the state that the evidence is insufficient to support the conviction below for misdemeanor possession of drug paraphernalia, a crack pipe, in violation of section 893.147(1), Florida Statutes (2003), that conviction and sentence are vacated....

Stat.; (3) possession of drug paraphernalia, § 893.147(1), Fla. Stat.; and (4) possession of alcohol

misdemeanors. § 893.13(l)(f), Fla. Stat. (1979); § 893.147(1), Fla.Stat. (1987). Because the trial court

to use, pursuant to section 893.147(1), Florida Statutes (2013). Section 893.147(1) requires the State

...2d 245], 2013 [112 So. 3d 1211], and 2014. See also SC03-629 [869 So. 2d 1205 (Fla. 2004)]. 70 25.14 DRUG ABUSE – USE OR POSSESSION WITH INTENT TO USE OF DRUG PARAPHERNALIA § 893.147(1), Fla....

...If you have a reasonable doubt on the question of whether (defendant) knew of the illicit nature of the controlled substance, you should find (defendant) not guilty. Lesser Included Offenses POSSESSION OF DRUG PARAPHERNALIA — 893.147(1) CATEGORY ONE CATEGORY TWO FLA....

...See also SC03-629 [869 So. 2d 1205 (Fla. 2004)]. 77  25.15 DRUG ABUSE – DELIVERY, POSSESSION WITH INTENT TO DELIVER, OR MANUFACTURE WITH INTENT TO DELIVER DRUG PARAPHERNALIA § 893.147(2), Fla....

...(defendant) not guilty. 84  Lesser Included Offenses DELIVERY, POSSESSION WITH INTENT TO DELIVER, OR MANUFACTURE WITH INTENT TO DELIVER DRUG PARAPHERNALIA — 893.147(2) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. None Possession of 893.147(1) 25.14 Drug Paraphernalia, if Possession of Drug Paraphernalia with Intent is charged Attempt, except when 777.04(1) 5.1 delivery is charged...

...43 So. 2d 1205], 1997 [697 So. 2d 84], and 2007 [969 So. 2d 245], and 2014. See also SC03-629 [869 So. 2d 1205 (Fla. 2004)]. 25.16 DRUG ABUSE – DELIVERY OF DRUG PARAPHERNALIA TO A MINOR § 893.147(3)(a), Fla....

object to facilitate a violation of this act.” Section 893.147 prohibits, inter alia, delivery of drug paraphernalia

prosecuted, or penalized for a violation of [section] 893.147(1) or [section] 893.13(6), excluding

first-degree misdemeanor, in violation of section 893.147(1), Florida Statutes (2016). Because our full

respect to the multiple counts of violation of section 893.147(2)(a), Florida Statutes, which involved the

Fla. Stat. (1997), a third degree felony. . § 893.147(1), Fla. Stat. (1997), a misdemeanor. . Fla

1)(a) 1., 893.13(l)(f), Fla.Stat. (Supp. 1990); § 893.147(l)(a), Fla.Stat. (1989).

...We find no merit in the other points raised on appeal. AFFIRMED in part; REVERSED in part; REMANDED for resentencing. HARRIS and PETERSON, JJ., concur. NOTES [1] § 893.13(1)(a)2., Fla.Stat. (1995). [2] § 893.13(6)(a), Fla.Stat. (1995). [3] § 893.13(7)(a)5., Fla.Stat. (1995). [4] § 893.147(1)(a), Fla.Stat....

possession of paraphernalia in violation of .section 893.147(1), Florida Statutes (2014), and driving on

13(l)(f), 893.03(2)(a)(4), Fla.Stat. (1991). . See § 893.147(1), Fla.Stat. (1991). . Section 775.084(l)(a)

DRUG PARAPHERNALIA § 893.147(6), Fla. Stat. To prove the crime of Retail

concur. . § 893.13, Fla. Stat. (1995). . § 893.147, Fla. Stat. (1995). . §§ 893.147(1), 775.082(4)(a)

conviction for possession of drug paraphernalia. Section 893.147(1), Florida Statutes, provides: Use or Possession

POSSESSION WITH INTENT TO USE DRUG PARAPHERNALIA § 893.147(1), Fla.Stat. *336 To prove the

...The sale or delivery of drugs is proscribed by section 893.13, Florida Statutes (1985), which provides in part: (1)(a) Except as authorized by this chapter and chapter 499, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance... . Section 893.147, Florida Statutes (1985), provides in part: (2) MANUFACTURE OR DELIVERY OF DRUG PARAPHERNALIA....

...1987), to determine whether the legislature intended to punish as two separate crimes the sale or delivery of a drug in a container. See State v. Smith, 547 So.2d 613 (Fla. 1989). Under this reasoning, although the offenses set out in sections 893.13(1)(a) and 893.147(1) contain different statutory elements, they unquestionably address the same evil in those cases where the paraphernalia is used to facilitate the sale or delivery of drugs....

possession of drug paraphernalia, a violation of section 893.147(1). R.C. entered a plea of not guilty, and

possession of drug paraphernalia, a violation of section 893.147(1). R.C. entered a plea of not guilty, and

JJ„ concur. . § 893.13(6)(a), Fla. Stat. . § 893.147(1), Fla. Stat.

DRUG PARAPHERNALIA § 893.147(1), Fla. Stat. To prove the crime of Use

with intent to use paraphernalia pursuant to section 893.147(1), Florida Statutes (2016), and the motion

with intent to use paraphernalia pursuant to section 893.147(1), Florida Statutes (2016), and the motion

possession of drug paraphernalia, a violation of section 893.147(1), Florida Statutes (2020). At trial

concur. . § 893.135(1), Fla.Stat. (1991). . § 893.147(l)(a), Fla.Stat. (1991). .§ 893.13(l)(a)l, Fla

certain drug paraphernalia in violation of section 893.147, Florida Statutes (1989). Though Peterson was

possession of paraphernalia as defined in section 893.147(1), Florida Statutes (1995). The supreme court

section 893.145(5) of the Florida Statutes. Section 893.147(1), Florida Statutes (1997), makes it “unlawful

...Valderrama had committed the crime of possession of drug paraphernalia. See Case v. Eslinger, 555 F.3d 1317, 1327 (11th Cir. 2009) (noting that probable cause “requires only a probability or substantial chance of criminal activities” (internal quotation marks omitted)); see also Fla. Stat. § 893.147(1) (“It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia ....

State, 76 So.3d 1093 (Fla. 3d DCA 2011). Section 893.147(l)(b), Florida Statutes (2010) provides: (1)

possession of drug paraphernalia, a violation of section 893.147(1). R.C. entered a plea of not guilty, and

REVERSED. GRIFFIN and PALMER, JJ., concur. . § 893.147(1), Fla. Stat. (2002).

of possession of drug paraphernalia under section 893.147, Florida Statutes (2015). This section states

possession of drug paraphernalia contrary to section 893.147, Florida Statutes (1993). We find no reversible

§ 893.135(l)(c)l.a., Fla. Stat. (2012). . § 893.147(1), Fla. Stat. (2012).

to Deliver Drug Paraphernalia, contrary to Section 893.147(2), Florida Statutes,” thus further limiting

13(6)(a); 893.03(2)(a)(4), Fla. Stat. (2013). . § 893.147(1), Fla. Stat. (2013).

competent evidence supports this finding. See § 893.147(1) ("It is unlawful for any person to use

...nt of consideration, even though persons could participate in the drawing without purchasing a ticket). This instruction was adopted in 1981 and amended in 2014. 25.15(a) RETAIL SALE OF DRUG PARAPHERNALIA § 893.147(6), Fla....

possession of drug paraphernalia offense, see section 893.147(1), the court sentenced Williams to one year

paraphernalia, a free base pipe, in violation of section 893.147, Florida Statutes (1983). Following the presentation

DRUG PARAPHERNALIA § 893.147(1), Fla. Stat. To prove the crime of Use

See §§ 893.13(l)(a)(l), .03(2)(c)(4). . See § 893.147(1). . See § 893.1351(2).

possession of drug paraphernalia. 1 Section 893.147(1)(b), Florida Statutes (2014), makes it “unlawful

Possession of drug paraphernalia in violation of section 893.147, Florida Statutes (1987) is designated a misdemeanor

Fla.Stat. . § 812.014(2)(d), Fla.Stat. . § 893.147(1), Fla.Stat.

. Use or possession of drug paraphernalia § 893.147(1), Fla.Stat.

possession of drug paraphernalia in violation of section 893.147. On appeal, Filppula argues that the court

(2014), and possession of drug paraphernalia, § 893.147(1). He was sentenced to time served on both of

...The State did not establish that the residue in the pipe was a controlled substance, and it did not establish M.M’s constructive possession. Consequently, the State failed to establish a prima facie case of possession of paraphernalia with the intent to use, pursuant to section 893.147(1), Florida Statutes (2013). Section 893.147(1) requires the State prove beyond a reasonable doubt that M.M....

...5th DCA 1993) (finding evidence insufficient to prove possession, as the “alleged paraphernalia tested negative for any controlled substance and the record is devoid of any evidence that appellant possessed it with intent to use it for the illegal purposes set forth in section 893.147(1)”). As in T.E.D., the State failed to offer evidence that linked the pipe to an illegal substance or activity, and it likewise failed to establish the requisite intent required under section 893.147(1). The State asks this Court to rely on circumstantial evidence and irrelevant testimony to establish that the residue in the pipe was marijuana....

use it for the illegal purposes set forth in section 893.147(1), Florida Statutes (1991). REVERSED and REMANDED

(1987), and possession of drug paraphernalia, section 893.147(l)(a), Florida Statutes (1987), and after the

concur. . § 893.135(l)(b)l„ Fla.Stat. (1987). . § 893.147(1), Fla.Stat. (1987). .§ 893.13(l)(f), Fla.Stat

paraphernalia and that he had knowledge of its presence. § 893.147(1), Fla.Stat. (1993). Because the appellant did

possession of drug paraphernalia, a violation of section 893.147, Florida Statutes (1997). M.L.R. entered a

...The State filed a petition for delinquency against M.L.R. and alleged that on November 12, 1997, M.L.R. was in possession of marijuana, a violation of section 893.13, Florida Statutes (1997), and was in possession of drug paraphernalia, a violation of section 893.147, Florida Statutes (1997)....

of § 893.147(2), Fla.Stat. (1987) reserving her right to appeal certain issues. Section 893.-147(2) specifies

(2004). . § 893.13(6)(b), Fla. Stat. (2004). . § 893.147(1), Fla. Stat. (2004). . Fla. R.App. P. 9.140(b)(2)(A)(i)

(1989), and possession of drug paraphernalia, § 893.147(1), Fla.Stat. (1989) based on a criminal episode

possession of drug paraphernalia pursuant to section 893.147(1), Florida Statutes (1985), was mistakenly

POSSESSION WITH INTENT TO USE DRUG PARAPHERNALIA § 893.147(1), Fla. Stat. To prove the crime of Use

purpose. The trial court denied the motion. Section 893.147(l)(b), Florida Statutes (1997), provides that

POSSESSION WITH INTENT TO USE DRUG PARAPHERNALIA § 893.147(1), Fla. Stat. To prove the crime of Use

ingest a controlled substance. According to section 893.147(l)(b), Florida Statutes, “[i]t is unlawful

of narcotic paraphernalia in violation of section 893.147, Florida Statutes (1985). At trial the court