Senate Bill sb2300

    Florida Senate - 2002                                  SB 2300

    By Senator Crist





    13-1606-02

  1                      A bill to be entitled

  2         An act relating to controlled substances;

  3         amending s. 893.10, F.S.; providing that

  4         possession of a controlled substance gives rise

  5         to a rebuttable presumption that the possessor

  6         knew the illicit nature of the substance;

  7         providing an effective date.

  8

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

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11         Section 1.  Subsection (3) is added to section 893.10,

12  Florida Statutes, is amended to read:

13         893.10  Burden of proof.--

14         (3)  In the case of a person charged with any offense

15  defined in this chapter, the possession of a controlled

16  substance, whether actual or constructive, shall give rise to

17  a rebuttable presumption that the processor knew of the

18  illicit nature of the substance.

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

20  law.

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23                          SENATE SUMMARY

24    Creates a rebuttable presumption that, when a person
      charged with a violation of chapter 893, Florida
25    Statutes, was in possession of a controlled substance,
      the person knew of the illicit nature of the substance.
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CODING: Words stricken are deletions; words underlined are additions.