Florida Statutes
Fla. Stat. § 893.15 (2025)
Rehabilitation.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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893.15 Rehabilitation.—Any person who violates s. 893.13(6)(a) or (b) relating to possession may, in the discretion of the trial judge, be required to participate in a substance abuse services program approved or regulated by the Department of Children and Families pursuant to the provisions of chapter 397, provided the director of such program approves the placement of the defendant in such program. Such required participation shall be imposed in addition to any penalty or probation otherwise prescribed by law. However, the total time of such penalty, probation, and program participation shall not exceed the maximum length of sentence possible for the offense.
History.—s. 15, ch. 73-331; s. 46, ch. 91-110; s. 40, ch. 93-39; s. 3, ch. 94-107; s. 39, ch. 97-194; s. 304, ch. 99-8; s. 306, ch. 2014-19; s. 45, ch. 2016-105.
Notes of Decisions
Cited in 7
cases, 1982–2006 · leading case: State v. Dugan, 685 So. 2d 1210 (Fla. 1996).
State v. Dugan, 685 So. 2d 1210 (Fla. 1996). “" § 893.15, Fla. Stat. (1993). Section 397.”
Scates v. State, 603 So. 2d 504 (Fla. 1992). “(1989); § 893.15, Fla. Stat. (1989) (expressly providing that chapter 397 is an alternative to sentencing under sections 893.”
Edwards v. State, 422 So. 2d 84 (Fla. 2d DCA 1982). “§ 893.15, Fla. Stat. (1981). For the less serious violations of chapter 893, the judge also retains the discretion to decide whether or not to impose a fine.”
State v. Edwards, 456 So. 2d 575 (Fla. 2d DCA 1984). “011(2) is entirely consistent with section 893.15, Florida Statutes (1981), which states in full: Rehabilitation.”
State v. Dugan, 665 So. 2d 1064 (Fla. 4th DCA 1995). “Section 893.15, Florida Statutes (1993), the Florida Comprehensive Drug Abuse Prevention and Control Act, provides: Any person who violates s.”
Paey v. State, 943 So. 2d 919 (Fla. 2d DCA 2006). “[4] It is true that when Benitez was decided in 1981, section 893.15(1)(c)(1) did not include oxycodone as a controlled substance for which someone could be convicted of "trafficking in illegal drugs.”
State v. Ackerman, 785 So. 2d 1229 (Fla. 4th DCA 2001). “01, with respect to any person who is found to have violated this section, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, nor shall such person be eligible for parole prior to serving the mandatory minimum term of imprisonment…”
— 893.15(1)(c)(1) — 1 case
Paey v. State, 943 So. 2d 919 (Fla. 2d DCA 2006). “[4] It is true that when Benitez was decided in 1981, section 893.15(1)(c)(1) did not include oxycodone as a controlled substance for which someone could be convicted of "trafficking in illegal drugs.”
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