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Florida Statute 817.563 | Lawyer Caselaw & Research
F.S. 817.563 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 817
FRAUDULENT PRACTICES
View Entire Chapter
F.S. 817.563
817.563 Controlled substance named or described in s. 893.03; sale of substance in lieu thereof.It is unlawful for any person to agree, consent, or in any manner offer to unlawfully sell to any person a controlled substance named or described in s. 893.03 and then sell to such person any other substance in lieu of such controlled substance. Any person who violates this section with respect to:
(1) A controlled substance named or described in s. 893.03(1), (2), (3), or (4) is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) A controlled substance named or described in s. 893.03(5) is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.s. 1, ch. 81-53; s. 4, ch. 89-281; s. 101, ch. 97-264; s. 7, ch. 99-186; s. 17, ch. 2000-320; s. 7, ch. 2002-78; s. 26, ch. 2016-105; s. 3, ch. 2019-166.

F.S. 817.563 on Google Scholar

F.S. 817.563 on Casetext

Amendments to 817.563


Arrestable Offenses / Crimes under Fla. Stat. 817.563
Level: Degree
Misdemeanor/Felony: First/Second/Third

S817.563 - DRUGS-MISBRANDED - RENUMBERED. SEE REC # 6989 - F: T
S817.563 - DRUGS-MISBRANDED - RENUMBERED. SEE REC # 6990 - M: S
S817.563 1 - DRUGS-MISBRANDED - SELL IN LIEU OF SCHED I II III IV CONTROL SUBS - F: T
S817.563 2 - DRUGS-MISBRANDED - SELL IN LIEU OF SCHEDULE V CONTROLLED SUBS - M: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

UNITED STATES v. GRAY, a. k. a. a. k. a. a. k. a. a. k. a. a. k. a. J. a. k. a. LT a. k. a. a. k. a. a. k. a. v. a. k. a., 544 F. App'x 870 (11th Cir. 2013)

. . . . § 817.563. . . . A conviction under § 817.563 of the Florida Statutes involving the promised sale of cocaine is a felony . . . Stat. § 817.563(1). . . .

GREENWADE, v. STATE, 124 So. 3d 215 (Fla. 2013)

. . . 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. . . .

UNITED STATES v. MIMS,, 476 F. App'x 231 (11th Cir. 2012)

. . . . § 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. . . .

UNITED STATES v. JOHNSON, 876 F. Supp. 2d 1272 (M.D. Fla. 2012)

. . . .” § 817.563, Fla. Stat. The meaning of “sell” therefore includes “delivery.” . . .

SMITH, v. STATE, 68 So. 3d 968 (Fla. Dist. Ct. App. 2011)

. . . a plea of no contest to a charge of the sale of a substance in lieu of cocaine, contrary to section 817.563 . . .

HERNANDEZ, v. STATE, 56 So. 3d 752 (Fla. 2010)

. . . See § 817.563, Fla. . . .

UNITED STATES v. BROWN,, 598 F.3d 1013 (8th Cir. 2010)

. . . . § 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 . . .

RAINES, v. STATE, 14 So. 3d 244 (Fla. Dist. Ct. App. 2009)

. . . Accordingly, he was charged with the third-degree felony described in section 817.563(1), Florida Statutes . . .

RODRIGUES, v. U. S. ATTORNEY GENERAL,, 237 F. App'x 497 (11th Cir. 2007)

. . . . §§ 893.13, 817.563, 893.147. . . .

STATE v. S. GORDON,, 920 So. 2d 42 (Fla. Dist. Ct. App. 2005)

. . . 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. . . .

THOMAS, v. STATE, 909 So. 2d 601 (Fla. Dist. Ct. App. 2005)

. . . The trial court imposed concurrent sentences of seventy-two months for a violation of section 817.563 . . .

STATE v. THOMAS,, 826 So. 2d 1048 (Fla. Dist. Ct. App. 2002)

. . . charged with two counts of selling a substance in lieu of a controlled substance in violation of section 817.563 . . .

UNITED STATES v. CHUBBUCK,, 252 F.3d 1300 (11th Cir. 2001)

. . . . § 817.563, amended by 2000 Fla. Sess. Law Serv. 00-320 (C.S.H.B.2085) (West). . . .

SCAIFE, v. STATE, 764 So. 2d 827 (Fla. Dist. Ct. App. 2000)

. . . of him on a charge of sale of a substance in lieu of a controlled substance, in violation of section 817.563 . . .

BURCH, v. STATE, 758 So. 2d 738 (Fla. Dist. Ct. App. 2000)

. . . for sale of a substance in lieu of a controlled substance, a third degree felony pursuant to section 817.563 . . .

DUNN, v. STATE, 729 So. 2d 493 (Fla. Dist. Ct. App. 1999)

. . . . §§ 817.563(1), 775.082(3)(d), Fla. Stat. (1997). . . .

LaROCHE v. STATE, 761 So. 2d 335 (Fla. Dist. Ct. App. 1998)

. . . , the defendant was convicted of fraudulent sale of counterfeit controlled substances under section 817.563 . . .

WHEELER, v. STATE, 690 So. 2d 1369 (Fla. Dist. Ct. App. 1997)

. . . See § 817.563, Fla.Stat. (1995); State v. Bussey, 463 So.2d 1141 (Fla.1985). . . .

UNITED STATES v. FRAZIER, UNITED STATES v. HUTCHINSON, a k a a k a D., 89 F.3d 1501 (11th Cir. 1996)

. . . 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 . . .

STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES, 665 So. 2d 212 (Fla. 1995)

. . . Judge: Give a. and/or b. as applicable. (7) SALE OF A SUBSTANCE IN PLACE OF A CONTROLLED SUBSTANCE F.S. 817.563 . . .

YOUNG, v. STATE, 663 So. 2d 1376 (Fla. Dist. Ct. App. 1995)

. . . 812.014, Fla.Stat. (1993)); Case No. 94-32941, unlawful sale or delivery of a controlled substance (§ 817.563 . . .

SINCLAIR, v. STATE, 645 So. 2d 105 (Fla. Dist. Ct. App. 1994)

. . . 812.014(2)(d), Florida Statutes, and fraudulent sale of a counterfeit controlled substance, under section 817.563 . . .

CUNNINGHAM, v. STATE, 647 So. 2d 164 (Fla. Dist. Ct. App. 1994)

. . . State, 488 So.2d 632 (Fla. 4th DCA) (no “sale” occurs for purposes of section 817.563, Florida Statutes . . .

CARRUTHERS, v. STATE, 636 So. 2d 853 (Fla. Dist. Ct. App. 1994)

. . . 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 . . .

ANDERSON, v. STATE, 632 So. 2d 132 (Fla. Dist. Ct. App. 1994)

. . . appellant’s conviction for sale of a substance in lieu of a controlled substance, in violation of section 817.563 . . .

MITCHELL, v. STATE, 622 So. 2d 1156 (Fla. Dist. Ct. App. 1993)

. . . . § 817.563, Fla.Stat. (1989). . . . .

D. JONES, v. STATE, 620 So. 2d 236 (Fla. Dist. Ct. App. 1993)

. . . 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 . . .

MITCHELL, v. STATE, 620 So. 2d 1008 (Fla. 1993)

. . . Darrell Mitchell (Mitchell) was convicted of a third-degree felony in violation of section 817.563, Florida . . .

ALPERN, v. STATE, 605 So. 2d 1291 (Fla. Dist. Ct. App. 1992)

. . . Sale or trafficking in a substance in lieu of cocaine (§ 817.563, Fla. . . .

RUFFNER, v. STATE, 590 So. 2d 1054 (Fla. Dist. Ct. App. 1991)

. . . Ruffner was charged with violating section 817.563, Florida Statutes (1989), which provides that “[i] . . .

HAYES, v. STATE, 587 So. 2d 578 (Fla. Dist. Ct. App. 1991)

. . . conviction and sentence for two counts of sale of a counterfeit controlled substance as a felony [§ 817.563 . . .

THOMPSON, v. STATE, 585 So. 2d 492 (Fla. Dist. Ct. App. 1991)

. . . . § 817.563, Fla.Stat. . § 812.014(2)(d), Fla.Stat. . U.S. Const. amend. 5; Art. I, § 9, Fla. . . .

WARNER, v. STATE, 581 So. 2d 232 (Fla. Dist. Ct. App. 1991)

. . . The sections which apply to imitation controlled substances are sections 817.563 and 817.564, Florida . . .

TILLMAN, v. STATE, 577 So. 2d 1003 (Fla. Dist. Ct. App. 1991)

. . . adjudicating him guilty of sale of a substance in lieu of a controlled substance in violation of section 817.563 . . .

GODWIN, v. STATE, 580 So. 2d 176 (Fla. Dist. Ct. App. 1991)

. . . Section 817.563, Florida Statutes, provides in part: 817.563 Controlled substance named or described . . .

ANDERSON, v. STATE, 570 So. 2d 1101 (Fla. Dist. Ct. App. 1990)

. . . 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 . . .

WILLIAMS, v. STATE, 562 So. 2d 446 (Fla. Dist. Ct. App. 1990)

. . . 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. . . .

SANDERS, v. STATE, 560 So. 2d 298 (Fla. Dist. Ct. App. 1990)

. . . was found guilty of the sale of a substance in lieu of a controlled substance, a violation of section 817.563 . . .

C. TRAVIS, v. STATE, 549 So. 2d 737 (Fla. Dist. Ct. App. 1989)

. . . one count of sale/delivery of a substance in lieu of a controlled substance, in violation of section 817.563 . . .

BROWN, v. STATE, 548 So. 2d 888 (Fla. Dist. Ct. App. 1989)

. . . See § 817.563(1), Fla.Stat. (1985). . . .

MITCHELL, v. STATE, 488 So. 2d 632 (Fla. Dist. Ct. App. 1986)

. . . 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 . . .

CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION v. GORMAN, 18 Fla. Supp. 2d 261 (Fla. Div. Admin. Hearings 1986)

. . . 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 . . .

HOUSER, v. STATE, 477 So. 2d 548 (Fla. 1985)

. . . 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 . . .

STATE v. PELLICCI,, 469 So. 2d 957 (Fla. Dist. Ct. App. 1985)

. . . from orders dismissing informa-tions filed against Barbara Jean Pellicci on the grounds that sections 817.563 . . .

M. ADAMS, v. SCHOOL BOARD OF BREVARD COUNTY,, 470 So. 2d 760 (Fla. Dist. Ct. App. 1985)

. . . Analogous to the criminal statute, section 817.563, the person charged with this crime must make a representation . . .

STATE v. BUSSEY, STATE v. GAINES, STATE v. DOTSON,, 463 So. 2d 1141 (Fla. 1985)

. . . 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. . . .

R. GROWDEN, v. STATE, 463 So. 2d 1145 (Fla. 1985)

. . . 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. . . .

BROWN, a k a v. STATE, 456 So. 2d 1335 (Fla. Dist. Ct. App. 1984)

. . . Section 817.563, Florida Statutes (1981), prohibiting the sale of a counterfeit substance in lieu of . . .

STATE v. HOWZE,, 458 So. 2d 318 (Fla. Dist. Ct. App. 1984)

. . . information charging the defendant with sale of a purported controlled substance contrary to Section 817.563 . . .

LINDSEY, Jr. v. STATE, 453 So. 2d 485 (Fla. Dist. Ct. App. 1984)

. . . 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 . . .

HOUSER, v. STATE, 453 So. 2d 484 (Fla. Dist. Ct. App. 1984)

. . . substance and then selling another substance in lieu of such controlled substance, contrary to section 817.563 . . .

STATE v. BRIGHT, STATE v. DAVIS,, 451 So. 2d 880 (Fla. Dist. Ct. App. 1984)

. . . 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 . . .

LOWELL, v. STATE, 452 So. 2d 10 (Fla. Dist. Ct. App. 1984)

. . . Defendant’s conviction under Section 817.563, Florida Statutes (1981), is reversed on the authority of . . .

PULLIAM, v. STATE, 446 So. 2d 1172 (Fla. Dist. Ct. App. 1984)

. . . charged by information with the sale of a counterfeit controlled substance in violation of section 817.563 . . .

STATE v. HRICIK,, 445 So. 2d 1119 (Fla. Dist. Ct. App. 1984)

. . . The state charged in count I of an amended information that Hricik violated section 817.563(2), Florida . . .

STATE v. RITTER, 448 So. 2d 512 (Fla. Dist. Ct. App. 1984)

. . . . § 817.563, Fla.Stat. (1981). The factual circumstances would dictate which statute to apply. . . .

STATE v. A. MASKE,, 446 So. 2d 1091 (Fla. Dist. Ct. App. 1984)

. . . methaqualone), and then selling another substance in lieu of the controlled substance in violation of section 817.563 . . .

GAINES, v. STATE, 444 So. 2d 553 (Fla. Dist. Ct. App. 1984)

. . . Defendant’s conviction under Section 817.563, Florida Statutes (1981), is reversed on the authority of . . .

DOTSON, v. STATE, 446 So. 2d 1084 (Fla. Dist. Ct. App. 1984)

. . . 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 . . .

STATE v. BUSSEY,, 444 So. 2d 63 (Fla. Dist. Ct. App. 1984)

. . . 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 . . .

TWINN, v. STATE, 442 So. 2d 286 (Fla. Dist. Ct. App. 1983)

. . . argues, and we agree, that it was inappropriate to charge him under section 831.31 rather than section 817.563 . . .

STATE v. R. GROWDEN a k a, 437 So. 2d 783 (Fla. Dist. Ct. App. 1983)

. . . State, 430 So.2d 523 (Fla.2d DCA 1983), wherein we held that section 817.563 is constitutional. . . .

BLOCK, v. STATE, 437 So. 2d 792 (Fla. Dist. Ct. App. 1983)

. . . We reject appellant’s contention that section 817.563, Florida Statutes (1981), is unconstitutionally . . .

STATE v. KING,, 435 So. 2d 370 (Fla. Dist. Ct. App. 1983)

. . . 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. . . .

A. LINGERFELT, Jr. v. STATE, 433 So. 2d 647 (Fla. Dist. Ct. App. 1983)

. . . that he represented to be a specific controlled substance (methamphetamine), in violation of Section 817.563 . . .

M. P. a v. STATE, 430 So. 2d 523 (Fla. Dist. Ct. App. 1983)

. . . 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 . . .

STATE v. V. THOMAS D., 428 So. 2d 327 (Fla. Dist. Ct. App. 1983)

. . . 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. . . .