Senate Bill sb2300c1

    Florida Senate - 2002                           CS for SB 2300

    By the Committee on Criminal Justice; and Senator Crist





    307-2067A-02

  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 and permissive presumption;

  6         requiring jury to be instructed on permissive

  7         presumption, if affirmative defense is raised;

  8         providing an effective date.

  9

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

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12         Section 1.  Section 893.101, Florida Statutes, is

13  created to read:

14         893.101  Legislative findings and intent.--

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

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

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

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

19  controlled substance found in his or her actual or

20  constructive possession, were contrary to legislative intent.

21         (2)  The Legislature finds that knowledge of the

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

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

24  illicit nature of a controlled substance is an affirmative

25  defense to the offenses of this chapter.

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

27  the affirmative defense described in this section, the

28  possession of a controlled substance, whether actual or

29  constructive, shall give rise to a permissive presumption that

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

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

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






    Florida Senate - 2002                           CS for SB 2300
    307-2067A-02




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

  2  instructed on the permissive presumption provided in this

  3  subsection.

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

  5  law.

  6

  7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  8                         Senate Bill 2300

  9

10  -     Creates s. 893.101, F.S., of Chapter 893, F.S., the
          chapter addressing controlled substance scheduling and
11        unlawful acts involving controlled substances, to
          provide findings that, for any offense under Chapter
12        893, F.S., the State is not required to prove that a
          person knew of the illicit nature of the controlled
13        substance, and such knowledge is not an element. (The
          Florida Supreme Court in Scott v. State, 27 Fla. L.
14        Weekly 31 (Fla. January 3, 2002) interpreted legislative
          intent was to require the State to prove knowledge of
15        the illicit nature of a controlled substance.)

16  -     Provides that lack of knowledge of the illicit nature of
          a controlled substance is an affirmative defense to the
17        offenses of Chapter 893, F.S.

18  -     Provides that if the defendant asserts this affirmative
          defense, the possession of the controlled substance,
19        whether actual or constructive, gives rise to a
          permissive presumption that the defendant knew of the
20        illicit nature of the substance.

21  -     Provides that where the affirmative defense is raised,
          the jury must be instructed on the permissive
22        presumption.

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