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Florida Statute 893.101 | Lawyer Caselaw & Research
F.S. 893.101 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 893
DRUG ABUSE PREVENTION AND CONTROL
View Entire Chapter
F.S. 893.101
893.101 Legislative findings and intent.
(1) The Legislature finds that the cases of Scott v. State, Slip Opinion No. SC94701 (Fla. 2002) and Chicone v. State, 684 So. 2d 736 (Fla. 1996), holding that the state must prove that the defendant knew of the illicit nature of a controlled substance found in his or her actual or constructive possession, were contrary to legislative intent.
(2) The Legislature finds that knowledge of the illicit nature of a controlled substance is not an element of any offense under this chapter. Lack of knowledge of the illicit nature of a controlled substance is an affirmative defense to the offenses of this chapter.
(3) In those instances in which a defendant asserts the affirmative defense described in this section, the possession of a controlled substance, whether actual or constructive, shall give rise to a permissive presumption that the possessor knew of the illicit nature of the substance. It is the intent of the Legislature that, in those cases where such an affirmative defense is raised, the jury shall be instructed on the permissive presumption provided in this subsection.
History.s. 1, ch. 2002-258.

F.S. 893.101 on Google Scholar

F.S. 893.101 on Casetext

Amendments to 893.101


Arrestable Offenses / Crimes under Fla. Stat. 893.101
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 893.101.



Annotations, Discussions, Cases:

Cases from cite.case.law:

SHULAR, v. UNITED STATES, 140 S. Ct. 779 (U.S. 2020)

. . . ." § 893.101(2). . . . which case the standard jury instructions require a finding of knowledge beyond a reasonable doubt. § 893.101 . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 272 So. 3d 243 (Fla. 2019)

. . . Give if applicable. § 893.101(2) and (3), Fla. Stat. . . . Give if applicable. § 893.101(2) and (3), Fla. Stat. . . . Give if applicable. § 893.101(2) and (3), Fla. Stat. . . . Give if applicable. § 893.101(2) and (3), Fla. Stat. . . . Give if applicable. § 893.101(2) and (3), Fla.Stat. . . .

BULA LOPEZ, v. U. S. ATTORNEY GENERAL,, 909 F.3d 388 (11th Cir. 2018)

. . . . § 893.101. . . .

S. S. a v. STATE, 242 So. 3d 532 (Fla. App. Ct. 2018)

. . . See Ch. 2002-258, § 1, at 1848, Laws of Fla; § 893.101(2), Fla. . . .

CHOIZILME, v. U. S. ATTORNEY GENERAL,, 886 F.3d 1016 (11th Cir. 2018)

. . . . § 893.101, the Florida Supreme Court had held that the mens rea element of the precursor crime for . . . Stat. § 893.101(2002) ). . . . Section 893.101 did not, however, eliminate knowledge of the presence of the substance as an element . . . Stat. § 893.101(2) (establishing affirmative defense of lack of knowledge of illicit nature). . . . Stat. § 893.101(2) ; Adkins, 96 So.3d at 422. . . .

UNITED STATES v. ALLEN,, 714 F. App'x 988 (11th Cir. 2018)

. . . . § 893.101. Allen correctly concedes that our precedent clearly holds that a conviction under Fla. . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 238 So. 3d 182 (Fla. 2018)

. . . . § 893.101(2) and (3), Fla. Stat. . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 238 So. 3d 192 (Fla. 2018)

. . . See § 893.101, Fla. . . .

THAMES, DOC v. STATE, 230 So. 3d 566 (Fla. Dist. Ct. App. 2017)

. . . . § 893.101, Fla. Stat. (2002); ch. 2002-258,- § 1, at 1848,’Laws of Fla.; Knight v. . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 216 So. 3d 497 (Fla. 2017)

. . . §893.101 (2) and (3), Fla. . . . § 893.101(2) and (3), Fla. Stat. . . . § 893.101(2) and (3), Fla. . . . § 893.101(2) and (3), Fla, Stat. . . . § 893.101(2) and (3), Fla. . . .

UNITED STATES v. PRIDGEON,, 853 F.3d 1192 (11th Cir. 2017)

. . . And § 893.101 of the Florida Statutes provides that “knowledge of the illicit nature of a controlled . . . Id. § 893.101(2). . . .

TERRELL, v. STATE, 212 So. 3d 1047 (Fla. Dist. Ct. App. 2017)

. . . State, 808 So.2d 166, 171 (Fla. 2002), superseded on other grounds by § 893.101, Fla. . . .

UNITED STATES Of v. PEARSON,, 662 F. App'x 896 (11th Cir. 2016)

. . . based on his prior drug convictions under Florida Statutes § 893.13, as modified by Florida Statutes § 893.101 . . . Stat. § 893.101(2). . . .

SPABO, v. UNITED STATES ATTORNEY GENERAL,, 837 F.3d 1172 (11th Cir. 2016)

. . . question than that presented here, which was whether an affirmative defense defined by Florida Statute § 893.101 . . .

UNITED STATES v. YOUNG,, 651 F. App'x 939 (11th Cir. 2016)

. . . Adkins, 96 So.3d 412, 416 (Fla. 2012) (“[Section 893.101] of the Florida Statutes] expressly eliminates . . .

JONES, v. UNITED STATES, 650 F. App'x 974 (11th Cir. 2016)

. . . . § 893.101(2). . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 191 So. 3d 291 (Fla. 2016)

. . . . § 893.101(2) and (3), Fla. Stat. . . . substance or 2) knew of the presence of the substance, but did not know of its. ■■ illicit nature. § 893.101 . . . the substance or 2) knew of the presence of the substance, but did not know of its illicit nature. § 893.101 . . . the substance or 2) knew of the presence of the substance, but did not know of its illicit nature. § 893.101 . . . substance or 2) knew of the presence of the 'substance, but did not know of its illicit nature. § ■893.101 . . .

KNIGHT, v. STATE, 186 So. 3d 1005 (Fla. 2016)

. . . Knight, 107 So.3d at 453 n. 5; see also, § 893.101, Fla. . . .

WILLIAMS, v. STATE, 184 So. 3d 623 (Fla. Dist. Ct. App. 2016)

. . . . § 893.101(2) and (3), Fla. Stat. . . . See § 893.101(2), Fla. . . .

UNITED STATES v. HUMPHREY,, 624 F. App'x 724 (11th Cir. 2015)

. . . . § 893.101(2). Subsequently, this Court has determined that a prior conviction under Fla. . . .

GONZALEZ, v. U. S. ATTORNEY GENERAL,, 622 F. App'x 860 (11th Cir. 2015)

. . . . § 893.101, was not a "drug trafficking crime,” as defined in 18 U.S.C. § 924(c)(2), and therefore was . . .

UNITED STATES v. JACKSON,, 604 F. App'x 913 (11th Cir. 2015)

. . . . § 893.101(2). . . .

UNITED STATES v. WILLIAMS,, 605 F. App'x 833 (11th Cir. 2015)

. . . . § 893.101(1)-(2); see State v. . . . Stat. § 893.101(2). Williams argues that his prior cocaine convictions under Fla. . . . Stat. § 893.101, was not a “drug trafficking crime,” as defined 18' U.S.C. § 924(c)(2), and therefore . . . Stat. § 893.101, does not qualify as a drug trafficking aggravated felony under the categorical approach . . .

UNITED STATES v. CHANDLER, Jr. a. k. a. D, 603 F. App'x 789 (11th Cir. 2015)

. . . . § 893.101(1)-(2). . . . Stat. § 893.101, was not a "drug trafficking crime,” as defined 18 U.S.C. § 924(c)(2), and therefore . . .

UNITED STATES v. DALLAS,, 596 F. App'x 886 (11th Cir. 2015)

. . . . • Florida Statute § 893.101 clarifies § 893.13(l)(a)(l) by indicating that knowledge of the illicit . . . STAT. § 893.101. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 153 So. 3d 192 (Fla. 2014)

. . . Give if applicable. § 893.101(2) and (3), Fla. Stat. . . . Give if applicable. § 893.101(2) and (3), Fla. Stat. . . . Give if applicable. § 893.101(2) and (3), Fla. Stat. . . . See § 893.101, Fla. Stat. (2014). . . . Section 893.101, Florida Statutes, is created to read: 893.101 Legislative findings and intent.— (1) . . .

UNITED STATES v. SAMUEL,, 580 F. App'x 836 (11th Cir. 2014)

. . . . § 893.101, which eliminated knowledge of the illicit nature of the controlled substance as an element . . . possession with intent to sell or deliver cannabis, in violation of § 893.13(l)(a)(2), as amended by § 893.101 . . .

UNITED STATES v. MELVIN,, 579 F. App'x 884 (11th Cir. 2014)

. . . . § 893.101(l)-(2). . . .

SARMIENTOS, v. H. HOLDER, Jr. U. S., 742 F.3d 624 (5th Cir. 2014)

. . . However, in response to these decisions, the Florida Legislature in 2002 enacted Florida Statute § 893.101 . . . Section 893.101 “thus expressly eliminates knowledge of the illicit nature of the controlled substance . . . Paez Sarmientos argues that a conviction under § 893.13(l)(a)(l), as modified by § 893.101, does not . . . Ann. § 893.101. . Adkins, 96 So.3d at 416. In State v. . . . substance” from an element of the Florida crime to an affirmative defense through Florida Statute § 893.101 . . .

K. D. T. v. STATE, 128 So. 3d 254 (Fla. Dist. Ct. App. 2013)

. . . See § 893.101, Fla. Stat. (2011); Fla. Std. Jury Instr. (Crim.) 25.7. . . .

DONAWA, v. U. S. ATTORNEY GENERAL,, 735 F.3d 1275 (11th Cir. 2013)

. . . . § 893.101, is an aggravated felony as a matter of law. . . . Stat. § 893.101, significantly changing the nature of the offense: (1) The Legislature finds that the . . . Stat. § 893.101, categorically qualifies as an aggravated felony. . . . Stat. § 893.101 effectively creates a separate offense under Fla. . . . Stat. § 893.101, qualifies as a drug trafficking aggravated felony. Mr. . . .

WESTPHAL, v. CITY OF ST. PETERSBURG CITY OF ST. PETERSBURG RISK MANAGEMENT,, 122 So. 3d 440 (Fla. Dist. Ct. App. 2013)

. . . Adkins, 96 So.3d 412, 415 (Fla.2012) (discussing section 893.101, which was adopted in response to Scott . . .

STEVENS, v. STATE, 120 So. 3d 1258 (Fla. Dist. Ct. App. 2013)

. . . State, - So.3d - (Fla. 3d DCA 2013); see also § 893.101(1)-(2), Fla. Stat. (2006); People v. . . .

UNITED STATES v. LEAKS,, 518 F. App'x 860 (11th Cir. 2013)

. . . . § 893.101 is facially unconstitutional, and both of Leaks’s prior convictions pursuant to that Florida . . . Stat. § 893.101 convictions within the five-year framework set forth in 21 U.S.C. § 851(e). . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- INSTRUCTIONS, 112 So. 3d 1211 (Fla. 2013)

. . . affirmative defense is raised, and because the instructions have been in place since 2007, after section 893.101 . . . The Legislature enacted section 893.101 in 2002 to explicitly provide that knowledge of the illicit nature . . . Section 893.101 provides as follows: (1) The Legislature finds that the cases of Scott v. . . . is raised, the jury shall be instructed on the permissive presumption provided in this subsection. § 893.101 . . . From my perspective, our decision in Adkins upheld the constitutionality of section 893.101, but did . . . majority of the Court held that the guilty knowledge element, in light of the express language in section 893.101 . . . Give if applicable. § 893.101(2) and (3), Fla. Stat. . . . Give if applicable. § 893.101(2) and (3), Fla. Stat. . . . Give if applicable. § 893.101(2) and (3), Fla. Stat. . . . Give if applicable. § 893.101(2) and (3), Fla. Stat. . . . Give if applicable. § 893.101(2) and (3), Fla. Stat. . . .

v. RUTLEDGE, v. STATE, 117 So. 3d 775 (Fla. Dist. Ct. App. 2013)

. . . Appellant, Eddie Rutledge, asks this court to declare sections 893.101 and 893.13, Florida Statutes ( . . . Rutledge’s initial brief, this argument was resolved by the Florida Supreme Court’s holding that sections 893.101 . . .

E. BASS, v. STATE, 103 So. 3d 933 (Fla. Dist. Ct. App. 2012)

. . . As to appellant’s challenge to the constitutionality of section 893.101, Florida Statutes (2008), we . . .

O. S. a v. STATE, 100 So. 3d 230 (Fla. Dist. Ct. App. 2012)

. . . possession of drug paraphernalia should be reversed, because a lack of a mens rea requirement in section 893.101 . . .

BENBOW, v. STATE, 98 So. 3d 261 (Fla. Dist. Ct. App. 2012)

. . . On appeal, she challenges the constitutionality of section 893.101, Florida Statutes (2009), based on . . . 1348 (11th Cir.2012), and the Florida Supreme Court expressly upheld the constitutionality of section 893.101 . . .

SHELTON, v. SECRETARY, DEPARTMENT OF CORRECTIONS,, 691 F.3d 1348 (11th Cir. 2012)

. . . . § 893.101, amending the Drug Abuse Prevention and Control Act. . . . Stat. § 893.101. . Id. § 893.13(l)(a), (6)(a). . Id. § 893.13(l)-(2). . 684 So.2d 736 (Fla.1996). . . . . Stat. § 893.101 (citations omitted). . State v. Adkins, No. . . . did not assert lack of knowledge of cocaine's illicit nature as an affirmative defense, as Section 893.101 . . .

FAGAN, v. STATE, 96 So. 3d 1023 (Fla. Dist. Ct. App. 2012)

. . . reversed because Section 893.135, Florida Statutes (2009), is facially unconstitutional in that Section 893.101 . . .

FONSECA, v. STATE, 114 So. 3d 1010 (Fla. Dist. Ct. App. 2012)

. . . trafficking amount of amphetamine, and (3) section 893.13, Florida Statutes, as amended by section 893.101 . . . Finally, we reject Fonseca’s challenge to the constitutionality of sections 893.13 and 893.101. . . .

SMITH, Jr. v. STATE, 95 So. 3d 966 (Fla. Dist. Ct. App. 2012)

. . . court’s denial of his motions to suppress statements and physical evidence, and he argues that section 893.101 . . .

BASULTO- RODRIGUEZ, v. STATE, 95 So. 3d 403 (Fla. Dist. Ct. App. 2012)

. . . . § 893.101(1)-(2), Fla. . . .

L. McBURROWS, v. STATE, 93 So. 3d 462 (Fla. Dist. Ct. App. 2012)

. . . Second, he argues that section 893.101, Florida Statutes (2002), is facially unconstitutional. . . . We also reject the defendant’s argument that statutory provisions in sections 893.101(2) and (3), Florida . . .

STATE v. ADKINS,, 96 So. 3d 412 (Fla. 2012)

. . . In response to this Court’s decisions, the Legislature enacted a statute now codified in section 893.101 . . . Section 893.101 provides in full: (1) The Legislature finds that the cases of Scott v. . . . The State asserts that section 893.13, as modified by section 893.101, is facially constitutional and . . . Finally, we explain our conclusion that sections 893.13 and 893.101 do not violate due process. . . . Sections 893.13 and 893.101 do not trigger the concern raised in Lambert and Giorgetti. . . . a controlled substance inadvertently, establishing the affirmative defense available under section 893.101 . . . rise to a permissive presumption that the possessor knew of the illicit nature of the substance.” § 893.101 . . . on the permissive presumption that they knew of the illicit nature of the substance in question. § 893.101 . . . (codified at § 893.101(2), Fla. Stat. (2002)). . . . the accused may — but is not required to — assert the affirmative defense enumerated under section 893.101 . . .

BECKLES, v. STATE, 92 So. 3d 281 (Fla. Dist. Ct. App. 2012)

. . . State, 77 So.3d 722, 722-23 (Fla. 3d DCA 2011) (holding that “section 893.13, as amended by section 893.101 . . .

STATE v. WASHINGTON,, 114 So. 3d 182 (Fla. Dist. Ct. App. 2012)

. . . s facial constitutional challenge to section 893.13, Florida Statutes (2003), as amended by section 893.101 . . . nature of the substance was an element of these drug offenses, the Florida legislature enacted section 893.101 . . . . 893.101 Legislative findings and intent.— (1) The Legislature finds that the cases of Scott v. . . . Wright, rejected facial challenges to the constitutionality of section 893.13, as amended by section .893.101 . . . Thus, if this Court concluded in Taylor that section 893.13, as amended by section 893.101, did not violate . . .

WILLIAMS, v. STATE, 90 So. 3d 994 (Fla. Dist. Ct. App. 2012)

. . . State, 76 So.3d 367, 367 (Fla. 3d DCA 2011) (holding that section 893.13, as amended by 893.101, Florida . . . Corrections, 802 F.Supp.2d 1289, 1308 (M.D.Fla.2011), in which the federal court held that section 893.101 . . .

ROCHE, Jr. v. STATE, 89 So. 3d 1142 (Fla. Dist. Ct. App. 2012)

. . . State, 76 So.3d 367 (Fla. 3d DCA 2011) (holding that section 893.13, as amended by section 893.101, Florida . . .

GARDNER, v. STATE, 89 So. 3d 1073 (Fla. Dist. Ct. App. 2012)

. . . State, 77 So.3d 722, 722-23 (Fla. 3d DCA 2011) (holding that “section 893.13, as amended by section 893.101 . . .

BRYANT, v. STATE, 89 So. 3d 1073 (Fla. Dist. Ct. App. 2012)

. . . State, 77 So.Sd 722, 722-23 (Fla. 3d DCA 2011) (holding that “section 893.13, as amended by section 893.101 . . .

ROSE, v. STATE, 89 So. 3d 1053 (Fla. Dist. Ct. App. 2012)

. . . State, 77 So.3d 722, 722-23 (Fla. 3d DCA 2011) (holding that “section 893.13, as amended by section 893.101 . . .

D. DELANCY, Jr. v. S. TUCKER,, 88 So. 3d 1036 (Fla. Dist. Ct. App. 2012)

. . . .2d 1289, 1297-1300 (M.D.Fla.2011), held that section 893.13, Florida Statutes, as amended by section 893.101 . . .

WALKER, v. STATE, 89 So. 3d 1010 (Fla. Dist. Ct. App. 2012)

. . . State, 76 So.3d 367 (Fla. 3d DCA 2011) (holding that section 893.13, as amended by section 893.101, Florida . . .

ALVAREZ, v. STATE, 88 So. 3d 430 (Fla. Dist. Ct. App. 2012)

. . . State, 77 So.3d 722, 722-23 (Fla. 3d DCA 2011) (holding “section 89.13, as amended by section 893.101 . . .

LUNDY a k a v. STATE, 88 So. 3d 359 (Fla. Dist. Ct. App. 2012)

. . . State, 77 So.3d 722, 722-23 (Fla. 3d DCA 2011) (holding that “section 893.13, as amended by section 893.101 . . .

T. PAGE, v. STATE, 88 So. 3d 359 (Fla. Dist. Ct. App. 2012)

. . . State, 76 So.3d 367 (Fla. 3d DCA 2011) (holding that section 893.13, as amended by section 893.101, Florida . . .

HILL, v. STATE, 88 So. 3d 360 (Fla. Dist. Ct. App. 2012)

. . . State, 76 So.3d 367 (Fla. 3d DCA 2011) (holding that section 893.13, as amended by section 893.101. . . .

C. MACK, v. STATE, 91 So. 3d 868 (Fla. Dist. Ct. App. 2012)

. . . The possession statute was amended by the enactment of section 893.101, Florida Statutes, on May 13, . . . instead, lack of knowledge of the illicit nature of the substance became an affirmative defense. § 893.101 . . . a constitutional challenge to the amendment of section 893.13, Florida Statutes (2001), by section 893.101 . . .

F. PIRATOVA, v. STATE, 87 So. 3d 67 (Fla. Dist. Ct. App. 2012)

. . . State, 77 So.3d 722, 722-23 (Fla. 3d DCA 2011) (holding that “section 893.13, as amended by section 893.101 . . .

GONZALEZ, v. STATE, 87 So. 3d 68 (Fla. Dist. Ct. App. 2012)

. . . State, 76 So.3d 367 (Fla. 3d DCA 2011) (holding that section 893.13, as amended by section 893.101, Florida . . .

DIAZ, v. STATE, 85 So. 3d 1184 (Fla. Dist. Ct. App. 2012)

. . . State, 76 So.3d 367 (Fla. 3d DCA 2011) (holding that section 893.13, as amended by section 893.101, Florida . . .

ROSIER, v. STATE, 84 So. 3d 1196 (Fla. Dist. Ct. App. 2012)

. . . State, 76 So.3d 991, 996 (Fla. 4th DCA 2011) (‘We hold that section 893.101 did not remove scienter from . . .

L. RODRIGUEZ, v. STATE, 84 So. 3d 1199 (Fla. Dist. Ct. App. 2012)

. . . State, 76 So.3d 367 (Fla. 3d DCA 2011) (holding that section 893.13, as amended by section 893.101, Florida . . .

G. G. v. STATE, 84 So. 3d 1162 (Fla. Dist. Ct. App. 2012)

. . . See §§ 893.101, .13, Fla. Stat. (2010); Brown v. State, 8 So.3d 464 (Fla. 2d DCA 2009). . . .

BLANCO, v. STATE, 89 So. 3d 933 (Fla. Dist. Ct. App. 2012)

. . . So.3d 722 (Fla. 3d DCA 2011) (holding that section 893.13, Florida Statutes, as amended by section 893.101 . . .

G. WOODS, v. STATE, 83 So. 3d 989 (Fla. Dist. Ct. App. 2012)

. . . State, 76 So.3d 367 (Fla. 3d DCA 2011) (holding that section 893.13, as amended by section 893.101, Florida . . .

DIAZ, v. STATE, 84 So. 3d 1144 (Fla. Dist. Ct. App. 2012)

. . . State, 76 So.3d 367 (Fla. 3d DCA 2011) (holding that section 893.13, as amended by section 893.101, Florida . . .

GIRALDO, v. STATE, 82 So. 3d 1228 (Fla. Dist. Ct. App. 2012)

. . . State, 76 So.3d 367 (Fla. 3d DCA 2011) (holding that section 893.13, as amended by section 893.101, Florida . . .

DENSON, v. STATE, 83 So. 3d 956 (Fla. Dist. Ct. App. 2012)

. . . State, 76 So.3d 367 (Fla. 3d DCA 2011) (holding that section 893.13, as amended by section 893.101, Florida . . .

CARRERAS, v. STATE, 81 So. 3d 590 (Fla. Dist. Ct. App. 2012)

. . . grams or less of cannabis, and for possession of drug paraphernalia, should be vacated because section 893.101 . . . To the contrary, this case is an illustration of the logic and propriety of section 893.101, Florida . . .

DIAZ- MURIELL, v. STATE, 81 So. 3d 552 (Fla. Dist. Ct. App. 2012)

. . . State, 76 So.3d 367 (Fla. 3d DCA 2011) (holding that section 893.13, as amended by section 893.101, Florida . . .

CRUMP, v. STATE, 81 So. 3d 553 (Fla. Dist. Ct. App. 2012)

. . . State, 76 So.3d 367 (Fla. 3d DCA 2011) (holding that section 893.13, as amended by section 893.101, Florida . . .

W. SMITH, v. STATE, 79 So. 3d 127 (Fla. Dist. Ct. App. 2012)

. . . State, 76 So.3d 367 (Fla. 3d DCA 2011) (holding that section 893.13, as amended by section 893.101, Florida . . .

D. ADAMS, v. STATE, 76 So. 3d 367 (Fla. Dist. Ct. App. 2011)

. . . Corrections, 802 F.Supp.2d 1289 (M.D.Fla.2011) and hold that section 893.13, as amended by section 893.101 . . .

P. MAESTAS, v. STATE, 76 So. 3d 991 (Fla. Dist. Ct. App. 2011)

. . . We disagree and uphold the constitutionality of section 893.13 and conclude that section 893.101 does . . . We first note that this court has already held that section 893.101, Florida Statutes, is constitutional . . . In our view, section 893.101 did not remove the guilty knowledge element from these offenses, thereby . . . The legislature superseded this fourth element with the enactment of section 893.101. Miller v. . . . Section 893.101 recognizes that “actual or constructive possession” must be found for the presumption . . .

YOUNG, v. STATE, 75 So. 3d 351 (Fla. Dist. Ct. App. 2011)

. . . Shelton holds that section 893.101, Florida Statutes, which provides that knowledge of the illicit nature . . .

LITTLE, v. STATE, 77 So. 3d 722 (Fla. Dist. Ct. App. 2011)

. . . State, 929 So.2d 665 (Fla. 3d DCA 2006), that section 893.13, as amended by section 893.101, Florida . . . We reject his primary contention for reversal that section 893.101, Florida Statutes (2003), which overruled . . .

VELEZ, v. STATE, 77 So. 3d 685 (Fla. Dist. Ct. App. 2011)

. . . In response to those two decisions, the Florida Legislature in 2002 enacted section 893.101, Florida . . .

EDWARDS, v. STATE, 77 So. 3d 676 (Fla. Dist. Ct. App. 2011)

. . . State, 929 So.2d 665 (Fla. 3d DCA 2006) (rejecting claim of unconstitutionality of section 893.101, Florida . . .

C. FLAGG, v. STATE, 74 So. 3d 138 (Fla. Dist. Ct. App. 2011)

. . . 6)(a) is unconstitutional because the mens rea requirement in the statute was eliminated by section 893.101 . . . illicit nature of a controlled substance is an affirmative defense to the offenses of this chapter. § 893.101 . . . among other reasons, the decision misperceives the operation of the affirmative defense in section 893.101 . . . his innocence by proving a lack of knowledge, see Wright, 920 So.2d at 25 (explaining that section 893.101 . . . a defense to a true strict liability crime, the availability of the affirmative defense in section 893.101 . . .

SHELTON, v. SECRETARY, DEPARTMENT OF CORRECTIONS,, 802 F. Supp. 2d 1289 (M.D. Fla. 2011)

. . . . § 893.101. . . . Stat. § 893.101. . . . Stat. §§ 893.101, 893.13. B. . . . Stat. § 893.101(2). . . . Stat. § 893.101. . . .

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

. . . the three elements of trafficking in cocaine for offenses occurring after the enactment of section 893.101 . . . In 2002, the Legislature enacted section 893.101, Florida Statutes, eliminating knowledge of a controlled . . . See § 893.101(2), Fla. Stat. (2010). . . . as an element of trafficking, when the appellant’s offense occurred after the enactment of section 893.101 . . . from an instruction on trafficking in cocaine, and noting that, "for offenses occurring after section 893.101 . . .

QUICK, v. STATE, 46 So. 3d 1159 (Fla. Dist. Ct. App. 2010)

. . . Section 893.101(2) states that the “[ljack of knowledge of the illicit nature of a controlled substance . . . rise to a permissive presumption that the possessor knew of the illicit nature of the substance.” § 893.101 . . . This court explained the genesis of section 893.101 as follows: In 2002, the Florida Legislature enacted . . . section 893.101, Florida Statutes, which expressly provides that knowledge of the illicit nature of . . . Section 893.101, Florida Statutes, thus makes possession of a controlled substance a general intent crime . . .

WILLIAMS, v. STATE, 45 So. 3d 14 (Fla. Dist. Ct. App. 2010)

. . . more than one issue raised in Harris, see 932 So.2d at 552, the only one identified is whether section 893.101 . . . and Burnette, the due process argument being made by the appellants in both cases was that section 893.101 . . . That case merely holds that the failure of section 893.101 to require “knowledge of the unlawful nature . . . 3.800(b)(2) in which he argued that his sentences are unconstitutional because, by virtue of section 893.101 . . . Appellant presents this same argument on appeal, and he also argues for the first time that section 893.101 . . . denying Appellant’s rule 3.800(b)(2) motion and the opinion in Harris rejected the argument that section 893.101 . . .

RITHER, v. STATE, 39 So. 3d 534 (Fla. Dist. Ct. App. 2010)

. . . State, 13 So.3d 77, 80 (Fla. 1st DCA 2009) (citing § 893.101(1)-(2), Fla. Stat. (2006)); Links v. . . .

JOHNSON, v. STATE, 37 So. 3d 975 (Fla. Dist. Ct. App. 2010)

. . . State, 808 So.2d 166 (Fla.2002), the Florida legislature clearly expressed its intent in section 893.101 . . .

MILLER, v. STATE, 35 So. 3d 162 (Fla. Dist. Ct. App. 2010)

. . . In 2002, the Florida Legislature enacted section 893.101, Florida Statutes, which expressly provides . . . Section 893.101, Florida Statutes, thus makes possession of a controlled substance a general intent crime . . .

NICHOLSON, v. STATE, 33 So. 3d 107 (Fla. Dist. Ct. App. 2010)

. . . State, 928 So.2d 1254, 1256 n. 3 (Fla. 2d DCA 2006) (noting the 2002 enactment of section 893.101(2), . . .

TAYLOR, v. STATE, 13 So. 3d 77 (Fla. Dist. Ct. App. 2009)

. . . . § 893.101(1)-(2), Fla. . . . Legislature eliminated this fourth element as a requirement for a conviction for trafficking in cannabis. § 893.101 . . .

A. BARRIENTOS, v. STATE, 1 So. 3d 1209 (Fla. Dist. Ct. App. 2009)

. . . Section 893.101(2) provides, in pertinent part, that “knowledge of the illicit nature of a controlled . . . Section 893.101 became effective May 13, 2002. See Whitehurst v. . . . Because the date of Jose A.’s alleged offense was February 27, 2006, section 893.101 is applicable to . . . defense to the offenses of [chapter 893].” § 893.101(2). . . . However, section 893.101 addresses only the fourth element of the instruction concerning knowledge of . . .

BALMORI, v. STATE, 985 So. 2d 646 (Fla. Dist. Ct. App. 2008)

. . . State, 901 So.2d 788, 792 n. 1 (Fla.2005) (citing § 893.101, Fla. . . .

STATE v. A. KETTELL, Sr., 980 So. 2d 1061 (Fla. 2008)

. . . State, 808 So.2d 166, 170-71 (Fla.2002), superseded on other grounds by § 893.101, Fla. . . .

GARZON, v. STATE C. v., 980 So. 2d 1038 (Fla. 2008)

. . . use of "and” in oral instructions but "or” in written instructions), superseded on other grounds by § 893.101 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES NO., 969 So. 2d 245 (Fla. 2007)

. . . Give if applicable. § 893.101(2) and (S), Fla. Stat. . . . Give if applicable. § 893.101(2) and (3), Fla. Stat. . . . Give if applicable. § 893.101(2) and (3), Fla. Stat. . . . Give if applicable. § 893.101(2) and (3), Fla. Stat. . . . Give if applicable. § 893.101(2) and (3), Fla. Stat. . . .

EDISON, v. STATE, 954 So. 2d 1235 (Fla. Dist. Ct. App. 2007)

. . . and the court, over the defendants’ objection, decided to omit the third element, based on section 893.101 . . . In section 893.101(2), the legislature found that "knowledge of the illicit nature of a controlled substance . . .

NASH, v. STATE, 951 So. 2d 1003 (Fla. Dist. Ct. App. 2007)

. . . State, 684 So.2d 736 (Fla.1996), in section 893.101, went only to the element of knowledge of the illicit . . . The precise holding of Garcia is limited to cases tried before the effective date of section 893.101, . . .

PERSON, v. STATE, 950 So. 2d 1270 (Fla. Dist. Ct. App. 2007)

. . . and the court, over the defendants’ objection, decided to omit the third element, based on section 893.101 . . . In section 893.101(2), the legislature found that “knowledge of the illicit nature of a controlled substance . . .

A. KETTELL, Sr. v. STATE, 950 So. 2d 505 (Fla. Dist. Ct. App. 2007)

. . . State, 64 So.2d 915, 916 (Fla.1953)), superseded on other grounds by statute, § 893.101, Fla. . . .