CopyCited 30 times | Published | Florida 2nd District Court of Appeal
...§
948.01, Fla. Stat. (1981). Moreover, where drug charges are brought under sections
893.13(1)(e) or (1)(f), Florida Statutes (1981), the judge is authorized to require a violator to participate in a drug rehabilitation program in lieu of prison or probation. §
893.15, Fla....
CopyCited 25 times | Published | Supreme Court of Florida | 1996 WL 499249
...After completing the programs, both Dugan and Burroughs moved the court to dismiss the charges. Over the State's objection, the court granted the motions. On appeal, the Fourth District affirmed. The district court turned to two statutes: sections
893.15 and
397.705(1), Florida Statutes (1993). See State v. Dugan,
665 So.2d 1064 (Fla. 4th DCA 1995). Section
893.15, Florida Statutes, allows a trial court to require a person who is in possession of a controlled substance not obtained by prescription or who is in possession of not more than twenty grams of cannabis, [1] to participate in a substance abuse services program, "in addition to, or in lieu of, any penalty or probation otherwise prescribed by law." §
893.15, Fla....
...es a drug treatment program. Accordingly, we answer the certified question in the affirmative and approve the decision of the district court below. It is so ordered. KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING and ANSTEAD, JJ., concur. NOTES [1] Section
893.15, Florida Statutes (1993), refers to subdivisions
893.13(1)(f) and (g)....
...The legislature directed the Division of Statutory Revision of the Joint Legislative Management Committee to prepare a reviser's bill to conform all cross-references to section
893.13 as amended. See ch. 93-406, § 33, Laws of Florida. Pursuant to this section, the legislature subsequently amended section
893.15 to refer to persons who violated subdivision
893.13(6)(a) or (b)....
CopyCited 18 times | Published | Supreme Court of Florida | 1992 WL 171293
...isions under section
893.13(1)(e). [2] Scates was convicted of purchasing a small amount of cocaine for personal use. The State argues that section 397.12 cannot apply here because it only relates to possession. See § 397.011(2), Fla. Stat. (1989); §
893.15, Fla....
...Floyd v. Bentley,
496 So.2d 862, 864 (Fla. 2d DCA 1986), review denied,
504 So.2d 767 (Fla. 1987). Thus, the more narrowly drawn section
893.13(1)(e) controls over the more general provisions of section 397.12. This conclusion is further supported by section
893.15, Florida Statutes (1989), which provides in language paralleling section 397.12 that "[a]ny person who violates s....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
...The only question on appeal is whether the trial court erred by placing Edwards in the DACCO program under section 397.12 for conspiracy to traffic in heroin and trafficking in heroin. Construing section 397.12 in light of both the purpose of chapter 397 and the restrictive language of sections 397.011(2) and 893.15, we hold that the court did so err....
...when violations of chapter 893 occur, a trial court may exercise its discretion under chapter 397 for only those violations of chapter 893 which relate to possession. The foregoing emphasized wording of section 397.011(2) is entirely consistent with section 893.15, Florida Statutes (1981), which states in full: Rehabilitation....
...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. (Emphasis added.) Reading the above emphasized language of section 893.15 in pari materia with the foregoing stressed portion of section 397.011(2), and applying the principle of expressio unius est exclusio alterius (the expression of one thing is the exclusion of another) to section 893.15, it is abundantly clear that, when violations of section 893 transpire, a trial court's authority to exercise its discretion under section 397.12 is not just generally limited to violations of chapter 893 relating to possession, but is...
...er chapter 893. [3] The parties may recognize that the rationale in support of our holding is different than that perhaps contemplated. This is so, however, because in reaching our decision we needed go no further than rely upon sections 397.011 and 893.15, two statutes which neither party cited below or on appeal....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2006 WL 3498319
...Paey possessed for purposes of determining a punishment under section
893.135(1)(c)(1) is determined by multiplying the total weight of an oxycodone tablet by the number of tablets Mr. Paey possessed. [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." In 1995, the Florida Legislature added oxycodone to the list of controlled substances in section 893.1...
...The fourth is rehabilitation. [9] Also known as "pusher," "dealer," "peddler," "smuggler," "racketeer," "wholesaler," or "kingpin." [10] These organizations are often called "drug cartels" or "drug rings." [11] The Florida Supreme Court in Benitez,
395 So.2d at 516-17 stated: Section
893.153 is a unique response to a serious and growing concern of the legislature regarding illegal drug activities in the State of Florida....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1995 WL 608509
...Appellee Burroughs, who was also charged with possession of cocaine, did not enter a plea, but at the court's suggestion agreed to complete a drug treatment program. Both appellees, after successfully completing the programs, moved the court to dismiss the charges, and the court did so over the state's objection. Section 893.15, Florida Statutes (1993), the Florida Comprehensive Drug Abuse Prevention and Control Act, provides: Any person who violates s.893.13(1)(f) or 1(g) relating to possession may, in the discretion of the trial judge, be required to partic...
...If referred by the court, the referral may be instead of or in addition to final adjudication, imposition of penalty or sentence, or other action. (Emphasis added.) The state argues that these two statutes do not authorize dismissal; however, we do not agree. Section
893.15 authorizes the court to order participation in a treatment program "in lieu of, any penalty or probation" and section
397.705(1) similarly authorizes referral for treatment by the court "instead of ......
