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.

Drug sales within 1,000 feet are taken very seriously because of where the sales are allegedly happening. Given the fact that those places defined in the statute are those where children would be, prosecutors take an extra look at cases like these. Regardless if you are a first-time offender, you could be placed in jail or even prison with these charges.


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