The 2023 Florida Statutes (including Special Session C)
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. . . . § 817.563. . . . A conviction under § 817.563 of the Florida Statutes involving the promised sale of cocaine is a felony . . . Stat. § 817.563(1). . . .
. . . Stat. (2009); § 817.563, Fla. Stat. (2009). . . . Under section 817.563: It is unlawful for any person to agree, consent, or in any manner offer to unlawfully . . . s. 893.03 and then sell to such person any other substance in lieu of such controlled substance. § 817.563 . . . Stat.; § 817.563, Fla. Stat. . . .
. . . . § 817.563 for selling a counterfeit controlled substance was not a predicate controlled substance offense . . . Stat. § 817.563 was a predicate offense for career offender sentencing purposes. . . .
. . . .” § 817.563, Fla. Stat. The meaning of “sell” therefore includes “delivery.” . . .
. . . a plea of no contest to a charge of the sale of a substance in lieu of cocaine, contrary to section 817.563 . . .
. . . . § 817.563, the Florida Supreme Court observed: The legislature, in enacting section 817.563, was not . . . It seems clear to us that section 817.563 is not a fraud statute; it is not designed to protect illegal . . .
. . . Accordingly, he was charged with the third-degree felony described in section 817.563(1), Florida Statutes . . .
. . . We note that section 817.563, Florida Statutes (2004), makes it “unlawful for any person to agree, consent . . . Section 817.563 was not effective at the time Manucy was decided. . . .
. . . The trial court imposed concurrent sentences of seventy-two months for a violation of section 817.563 . . .
. . . charged with two counts of selling a substance in lieu of a controlled substance in violation of section 817.563 . . .
. . . . § 817.563, amended by 2000 Fla. Sess. Law Serv. 00-320 (C.S.H.B.2085) (West). . . .
. . . of him on a charge of sale of a substance in lieu of a controlled substance, in violation of section 817.563 . . .
. . . for sale of a substance in lieu of a controlled substance, a third degree felony pursuant to section 817.563 . . .
. . . . §§ 817.563(1), 775.082(3)(d), Fla. Stat. (1997). . . .
. . . , the defendant was convicted of fraudulent sale of counterfeit controlled substances under section 817.563 . . .
. . . See § 817.563, Fla.Stat. (1995); State v. Bussey, 463 So.2d 1141 (Fla.1985). . . .
. . . In the Florida case Hutchinson had pleaded nolo contendere to a violation of Florida statute § 817.563 . . . See. 817.563. . . . Florida’s § 817.563 does make it unlawful to offer to sell a controlled substance and then sell some . . . But the elements of a conviction under § 817.563 do not support the “look at the elements” approach. . . . (2) affirm the district court’s holding that Hutchinson’s prior conviction under Florida Statutes § 817.563 . . . In 1990, Hutchinson pleaded nolo conten-dere to a violation of Florida Statutes § 817.563. . . . Fla.Stat.Ann. § 817.563 (West 1994) (emphasis added). . . . conclude that the district court properly held that Hutchinson’s conviction under Florida Statutes § 817.563 . . .
. . . Judge: Give a. and/or b. as applicable. (7) SALE OF A SUBSTANCE IN PLACE OF A CONTROLLED SUBSTANCE F.S. 817.563 . . .
. . . 812.014, Fla.Stat. (1993)); Case No. 94-32941, unlawful sale or delivery of a controlled substance (§ 817.563 . . .
. . . 812.014(2)(d), Florida Statutes, and fraudulent sale of a counterfeit controlled substance, under section 817.563 . . .
. . . State, 488 So.2d 632 (Fla. 4th DCA) (no “sale” occurs for purposes of section 817.563, Florida Statutes . . .
. . . complete upon transfer or delivery of a substance “in lieu of [the] controlled substance,” section 817.563 . . . the accused has agreed, consented, or offered to sell, in order to obtain a conviction under section 817.563 . . . Thomas, 428 So.2d 327 (Fla. 1st DCA 1983) resolved the narrow question whether section 817.563, Florida . . . The Court found “that section 817.563 is not a fraud statute,” at 1143, “concerned with protecting persons . . . Bussey, 444 So.2d 63 (Fla. 4th DCA 1984) that "Section 817.563 ... . . . Carruthers challenges his conviction for sale of a counterfeit controlled substance pursuant to section 817.563 . . . Section 817.563, Florida Statutes, provides in pertinent part: It is unlawful for any person to agree . . . In both cases, the reviewing court reversed the appellant’s conviction for a violation of section 817.563 . . . the law, that a mere promise to pay or attempt to sell could satisfy the “sell” element of section 817.563 . . . that the crime of attempted sale of a counterfeit controlled substance can be committed under section 817.563 . . .
. . . appellant’s conviction for sale of a substance in lieu of a controlled substance, in violation of section 817.563 . . .
. . . . § 817.563, Fla.Stat. (1989). . . . .
. . . proceedings below, the terms, “sale of a substance in lieu of a controlled substance,” proscribed by Section 817.563 . . . court’s discussion of the content or substance of the charging offense tracked the language of section 817.563 . . . trial, and the court’s final instructions to the jury all pointed to the offense proscribed by section 817.563 . . . states that Jones was found guilty in count I of “SALE OF IMITATION CONTROLLED SUBSTANCE” under section “817.563 . . .
. . . Darrell Mitchell (Mitchell) was convicted of a third-degree felony in violation of section 817.563, Florida . . .
. . . Sale or trafficking in a substance in lieu of cocaine (§ 817.563, Fla. . . .
. . . Ruffner was charged with violating section 817.563, Florida Statutes (1989), which provides that “[i] . . .
. . . conviction and sentence for two counts of sale of a counterfeit controlled substance as a felony [§ 817.563 . . .
. . . . § 817.563, Fla.Stat. . § 812.014(2)(d), Fla.Stat. . U.S. Const. amend. 5; Art. I, § 9, Fla. . . .
. . . The sections which apply to imitation controlled substances are sections 817.563 and 817.564, Florida . . .
. . . adjudicating him guilty of sale of a substance in lieu of a controlled substance in violation of section 817.563 . . .
. . . Section 817.563, Florida Statutes, provides in part: 817.563 Controlled substance named or described . . .
. . . Appellant was charged with sale of cocaine, in violation of Section 817.563, Florida Statutes. . . . appellant was immediately thereafter charged with the sale of counterfeit drugs, in violation of Section 817.563 . . .
. . . after he was found guilty of two counts of sale of a false controlled substance in violation of section 817.563 . . . The appellant was convicted of sale of a false controlled substance in violation of section 817.563. . . .
. . . was found guilty of the sale of a substance in lieu of a controlled substance, a violation of section 817.563 . . .
. . . one count of sale/delivery of a substance in lieu of a controlled substance, in violation of section 817.563 . . .
. . . See § 817.563(1), Fla.Stat. (1985). . . .
. . . offering to sell a controlled substance and substituting another substance in violation of section 817.563 . . . sworn motion to dismiss, contending that for a conviction to properly lie for a violation of section 817.563 . . . The pertinent statute reads, in part: 817.563 Controlled substance named or described in s. 893.03; sale . . . Bussey, 463 So.2d 1141 (Fla.1985), the supreme court stated: Section 817.563 defines an offense having . . . Bussey because therein the Florida Supreme Court held that section 817.563 is a drug abuse statute and . . .
. . . 796.06, 796.07, 800.02, 800.03, 812.014(2)(c), 812.016, 812.081, 817.035, 817.235, 817.39, 817.49, 817.563 . . .
. . . selling another substance in lieu of the controlled substance agreed to be sold, in violation of section 817.563 . . . Section 817.563, Florida Statutes (1983), provides as follows: It is unlawful for any person to agree . . . a challenge based on the asserted vagueness of the classification and penalty provisions of section 817.563 . . . we should note that he was charged by information with two counts of felonious violation of section 817.563 . . . We therefore reject petitioner’s constitutional argument, uphold section 817.563(1) and (2), and approve . . .
. . . from orders dismissing informa-tions filed against Barbara Jean Pellicci on the grounds that sections 817.563 . . .
. . . Analogous to the criminal statute, section 817.563, the person charged with this crime must make a representation . . .
. . . Appellees Gaines and Dotson were also charged separately with the offense proscribed by section 817.563 . . . Section 817.563 provides: It is unlawful for any person to agree, consent, or in any manner offer to . . . It seems clear to us that section 817.563 is not a fraud statute; it is not designed to protect illegal . . . Section 817.563 defines an offense having two constituent factual requirements that must be shown. . . . Both section 817.563 and section 831.31 were enacted as parts of chapter 81-53, Laws of Florida. . . .
. . . The question presented is whether section 817.563, Florida Statutes (1981), is constitutional. . . . We reject all of these arguments and declare section 817.563 to be constitutional. See State v. . . .
. . . Section 817.563, Florida Statutes (1981), prohibiting the sale of a counterfeit substance in lieu of . . .
. . . information charging the defendant with sale of a purported controlled substance contrary to Section 817.563 . . .
. . . Statutes (1981), and one count for the sale of substance in lieu of a controlled substance, section 817.563 . . . State, 430 So.2d 523 (Fla. 2d DCA 1983), this court considered this same issue and held that section 817.563 . . .
. . . substance and then selling another substance in lieu of such controlled substance, contrary to section 817.563 . . .
. . . defendants Arthur Davis and John Bright on the basis that the statute under which they were charged, section 817.563 . . . The court below held that section 817.563 is unconstitutional because it makes the sale of a substance . . . We disagree with the trial court’s interpretation of section 817.563. . . . State, 430 So.2d 523 (Fla. 2d DCA 1983), where our colleagues in the Second District held that section 817.563 . . . Section 817.563, Florida Statutes (1981), provides as follows: It is unlawful for any person to agree . . .
. . . Defendant’s conviction under Section 817.563, Florida Statutes (1981), is reversed on the authority of . . .
. . . charged by information with the sale of a counterfeit controlled substance in violation of section 817.563 . . .
. . . The state charged in count I of an amended information that Hricik violated section 817.563(2), Florida . . .
. . . . § 817.563, Fla.Stat. (1981). The factual circumstances would dictate which statute to apply. . . .
. . . methaqualone), and then selling another substance in lieu of the controlled substance in violation of section 817.563 . . .
. . . Defendant’s conviction under Section 817.563, Florida Statutes (1981), is reversed on the authority of . . .
. . . State, 430 So.2d 523 (Fla. 2d DCA 1983), that Section 817.563, Florida Statutes (1981), is constitutional . . . Defendant’s conviction under Section 817.563, Florida Statutes (1981), is reversed on the authority of . . .
. . . Appellant was charged by information with the sale of a noncontrolled substance in violation of Section 817.563 . . . , Florida Statutes (1981), which states as follows: 817.563 Controlled substance named or described in . . . The First District did, however, uphold the constitutionality of Section 817.563 in State v. . . . The Thomas court initially considered the question of scienter as applicable to Section 817.563. . . . We conclude that the trial court correctly found Section 817.563 to be unconstitutional. . . . In addition to the other laws proscribing illegal drug activity, Section 817.563, is designed to deal . . .
. . . argues, and we agree, that it was inappropriate to charge him under section 831.31 rather than section 817.563 . . .
. . . State, 430 So.2d 523 (Fla.2d DCA 1983), wherein we held that section 817.563 is constitutional. . . .
. . . We reject appellant’s contention that section 817.563, Florida Statutes (1981), is unconstitutionally . . .
. . . the appellee’s motion to dismiss the amended information filed against him on the ground that section 817.563 . . . State, 430 So.2d 523 (Fla. 2d DCA 1983), wherein we held that section 817.563 is constitutional. . . .
. . . that he represented to be a specific controlled substance (methamphetamine), in violation of Section 817.563 . . .
. . . with three counts of sale of a substance in lieu of a controlled substance in violation of section 817.563 . . . Appellant moved to dismiss the charges, maintaining that section 817.563 suffered from constitutional . . . Thomas, 428 So.2d 327 (Fla. 1st DCA 1983), in which our colleagues in the First District held section 817.563 . . . be misinterpreting what the court said in Thomas, we are concerned with its statement that section 817.563 . . . interpretation is correct, we disagree, for we conclude that persons charged can be guilty of violating section 817.563 . . .
. . . Appellees Thomas and Williams were charged with violations of section 817.563, Fla.Stat. (1981). . . . Appellees were charged with violations of section 817.563. . . . As such, section 817.563 requires mens rea and is not unconstitutional for lack thereof. . . . As discussed supra, section 817.563 focuses upon the offer to sell. . . . Section 817.563 is not ambiguous. . . .