Fla. Std. Jury Instr. (Crim.) 25.19

§ 831.311, Fla. Stat.

To prove the crime of Unlawful Sale, Manufacture, Alteration, Delivery, Uttering or Possession of Counterfeit-Resistant Prescription Blanks for Controlled Substances, the State must prove the following three elements beyond a reasonable doubt:

1. (Defendant) [sold] [manufactured] [altered] [delivered] [uttered] [possessed] any counterfeit-resistant prescription blanks for controlled substances.

2. The counterfeit-resistant prescription blanks for controlled substances were in the form and content established by the Department of Health pursuant to law.

3. (Defendant) intended [to injure or defraud any person] [to facilitate (insert the alleged violation of § 893.13, Fla. Stat.)].

Definitions. Give as applicable.

To “utter” means to pass, present or publish.

Possession.

To prove (defendant) “possessed counterfeit-resistant prescription blanks for controlled substances,” the State must prove beyond a reasonable doubt that [he] [she] a) knew of the existence of the prescription blanks and b) intentionally exercised control over them.

Give if applicable.

Control can be exercised over prescription blanks whether they are carried on a person, near a person, or in a completely separate location. Mere proximity to prescription blanks does not establish that the person intentionally exercised control over them in the absence of additional evidence. Control can be established by proof that (defendant) had direct personal power to control the prescription blanks or the present ability to direct their control by another.

Joint possession. Give if applicable.

Possession of prescription blanks may be sole or joint, that is, two or more persons may possess prescription blanks.

Lesser Included Offenses

UNLAWFUL SALE, MANUFACTURE, ALTERATION, DELIVERY, UTTERING OR POSSESSION OF COUNTERFEIT-RESISTANT PRESCRIPTION BLANKS FOR CONTROLLED SUBSTANCES —831.311

CATEGORY ONE

CATEGORY TWO

FLA. STAT.

INS. NO.

None

Attempt

777.04(1)

5.1