25.19. Contraband In Specified Locations
This is a Florida Jury Instructions form that can be used for 25 Drug Abuse within Criminal.
Last updated: 2/28/2006
25.19 CONTRABAND IN SPECIFIED LOCATIONS 893.13(1)(c)(d) & (e), Fla. Stat. Certain drugs and chemical substances are by law known as controlled substances. [Specific substance alleged] is a controlled substance. To prove the crime of [crime charged], the State must prove the following four elements beyond a reasonable doubt: 1. possessed with possessed with inte intent to deliver] a certain substance Give a, b or c as applicable: 2.a. in, on, or within 1,000 feet of the real property comprising a child care facility or a public or private elementary, middle, or secondary school between the hours of 6:00 a.m. and 12:00 a.m. b. in, on, or within 200 feet of [the real property comprising a public housing p rising a public or private college, ]. c. in, on, or within 1,000 feet of lace for worship at which a church or religious orga convenience business]. 3. The substance was [specific substance alleged]. 4. [Name of defendant] had knowledge of the presence of the substance. Definitions: Give as applicable. Sell means to transfer or deliver sothing to another person in exchange for me money or something of value or a promise of money or something of value. Manufacture means the production, preparation, packaging, labeling or relabeling, propagation, compounding, cultivating, growing, conversion or processing of a controlled substance, either directly or indirectly. Manufacturing can be by extraction from substances of natural origin, or independently by means of chemical synthesis. It can also be by a combination of extraction and chemical synthesis. Deliver or delivery means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. <<<<<<<<<********>>>>>>>>>>>>> 2 To "possess" means to have personal charge of or exercise the right of ownership, management or control over the thing possessed. Possession may be actual or constructive. Actual possession means: (a) the thing is in the hand of or on the person, or (b) the thing is in a container in the hand of or on the person, or (c) the thing is so close as towithin ready reach an be d is under the control of the person. NOTE TO JUDGE: Give as applicable. Mere proximity to a thing is not sufient to establish control over that thing ficwhen the thing is not in a place over which the person has control. Constructive possession mis in a place over which the persoeans the thing n has control, or in which the person has concealed it. If a thing is in a place over which the person does not have control, in order to establish constructive possession the State mu prove the persons (1) control over the st thing, (2) knowledge that the thing was within the persons presence, and (3) knowledge of the illicit nature of the thing. Possession may be joint, that is, two or more persons may jointly have possession of an article, exercising control over it. In that case, each of those persons is considered to be in possession of that article. If a person has exclusive possession of a thing, knowledge of its presence may be inferred. If a person does not have exclusive possession of a thing, knowledge of its presence may not be inferred or assumed. Definitions: Give as applicable: Child care facility means any child care center or arrangement which provides child care for more than five children unrelated to the operator and which receives a payment, fee, or grant for any of the children receiving care. It does not matter if the child care facility is operated for profit or as a nonprofit operation. <<<<<<<<<********>>>>>>>>>>>>> 3 A convenience business means any place of business that is primarily engaged in the retail sale of groceries, or both groceries and gasoline, and that is open for business at any time between the hours of 11 p.m. and 5 a.m. The term does not include any of the following: a business that is primarily a restaurant, or one that always has a least five employees on the premises after 11 p.m. and before 5 a.m. or one that has at least 10,000 square feet of retail floor space. The term convenience business also does not include any business in which the owner or members of his or her family work between the hours of 11 p.m. and 5 a.m. The term real property comprising a public housing facility is defined as the real property of a public corporation created as a housing authority by statute.