SALE of Drugs
WITHIN 1,000 FEET of a statutory specific property
In Florida, the sale of controlled substances within 1,000 feet of certain types of property is a felony.
Per Florida Statute 893.13(3)(c), the places outlined include:
A child care facility as defined in §402.302;
Public or private school;
State, county, or municipal park, community center, or a publicly owned recreational facility.
PENALTIES
Depending on the type of substance being sold, the felony can be charged as a first or second degree.
DEFENSES
Different defenses are available depending on the facts of the case, however, not every case will have a defense. The defenses can be legal or factual in nature such as:
Illegal search;
Lack of Probable Cause;
More than 1,000 feet.