House Bill hb1935

    Florida House of Representatives - 2002                HB 1935

        By the Committee on Crime Prevention, Corrections & Safety
    and Representative Bilirakis





  1                      A bill to be entitled

  2         An act relating to controlled substances;

  3         creating s. 893.101, F.S.; providing

  4         legislative findings and intent; providing for

  5         affirmative defense in certain criminal cases;

  6         providing an effective date.

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  8  Be It Enacted by the Legislature of the State of Florida:

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10         Section 1.  Section 893.101, Florida Statutes, is

11  created to read:

12         893.101  Legislative findings and intent.--

13         (1)  The Legislature finds that the cases of Scott v.

14  State, Slip Opinion No. SC94701 (Fla. 2002) and Chicone v.

15  State, 684 So.2d 736 (Fla. 1996), holding that the state must

16  prove that the defendant knew of the illicit nature of a

17  controlled substance found in his or her actual or

18  constructive possession, were contrary to legislative intent.

19         (2)  The Legislature finds that knowledge of the

20  illicit nature of a controlled substance is not an element of

21  any offense under this chapter.  Lack of knowledge of the

22  illicit nature of a controlled substance is an affirmative

23  defense to the offenses of this chapter.

24         (3)  In those instances in which a defendant asserts

25  the affirmative defense described in this section, the

26  possession of a controlled substance, whether actual or

27  constructive, shall give rise to a permissive presumption that

28  the possessor knew of the illicit nature of the substance.  It

29  is the intent of the Legislature that, in those cases where

30  such an affirmative defense is raised, the jury shall be

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1935

    189-923-02






  1  instructed on the permissive presumption provided in this

  2  subsection.

  3         Section 2.  This act shall take effect upon becoming a

  4  law.

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  7                          HOUSE SUMMARY

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      Provides legislative findings and intent that knowledge
  9    of the illicit nature of a controlled substance is not an
      element of any offense under chapter 893, F.S. Provides
10    that such lack of knowledge is an affirmative defense to
      the offenses of chapter 893, F.S. See bill for details.
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CODING: Words stricken are deletions; words underlined are additions.