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FL · jury_instructions

Fla. Std. Jury Instr. (Crim.) 25.1

SALE OF A SUBSTANCE IN PLACE OF A CONTROLLED SUBSTANCE

activein force · 2026-07-29 – presentact-effective-date

§ 817.563, Fla. Stat.

To prove the crime of Sale of a Substance in Place of a Controlled Substance, the State must prove the following two elements beyond a reasonable doubt:

1. (Defendant) without legal authority agreed, consented, or offered to sell (substance prohibited by § 893.03, Fla. Stat.).

2. (Defendant) did sell a different substance in place of (substance prohibited by § 893.03, Fla. Stat.).

Definition

"Sell" means the actual transfer or delivery of something to another person in exchange for money or something of value.

Lesser Included Offenses

SALE OF SUBSTANCE IN PLACE OF A CONTROLLED SUBSTANCE — 817.563

CATEGORY ONE

CATEGORY TWO

FLA. STAT.

INS. NO.

None

Attempt

777.04(1)

5.1

Provenance

Source
floridabar.org
Retrieved
2026-08-18
Edition
2026-08-18
Content hash
a5c45112ff965aa69a8b8207f1d871f66e0fe9ff2097f257c0aca95107174986
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