Florida criminal charge
Prohibited acts; penalties in Florida
Prohibited acts; penalties is a criminal offense under Florida law, defined by Fla. Stat. § 893.13. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 893.13.
How is prohibited acts; penalties classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Sale/manufacture/delivery/possession with intent — Schedule I opiates/opioids/certain schedules | Felony of the Second Degree | Violation of (1)(a) involving a controlled substance named or described in s.893.03(1)(a),(1)(b),(1)(d),(2)(a),(2)(b), or (2)(c)5. | Fla. Stat. § 893.13(1)(a)1. |
| Sale/manufacture/delivery/possession with intent — mid-level controlled substances | Felony of the Third Degree | Violation of (1)(a) involving a controlled substance named or described in s.893.03(1)(c),(2)(c)1.-3.,(2)(c)6.-10.,(3), or (4). | Fla. Stat. § 893.13(1)(a)2. |
| Sale/manufacture/delivery/possession with intent — Schedule V substances | Misdemeanor of the First Degree | Violation of (1)(a) involving a controlled substance named or described in s.893.03(5). | Fla. Stat. § 893.13(1)(a)3. |
| Sale or delivery of more than 10 grams of specified substances | Felony of the First Degree | Sale or delivery in excess of 10 grams of a substance named or described in s.893.03(1)(a) or (b), or a mixture containing such substance. | Fla. Stat. § 893.13(1)(b) |
| Sale/manufacture/delivery near child care facility/school/park — top-tier substances | Felony of the First Degree | Violation of (1)(c) (within 1,000 feet of child care facility, school, park, community center, or recreational facility) involving substances listed in s.893.03(1)(a),(1)(b),(1)(d),(2)(a),(2)(b), or (2)(c)5. | Fla. Stat. § 893.13(1)(c)1. |
| Sale/manufacture/delivery near child care facility/school/park — mid-tier substances | Felony of the Second Degree | Violation of (1)(c) involving substances listed in s.893.03(1)(c),(2)(c)1.-3.,(2)(c)6.-10.,(3), or (4). | Fla. Stat. § 893.13(1)(c)2. |
| Sale/manufacture/delivery near college/university — top-tier substances | Felony of the First Degree | Violation of (1)(d) (within 1,000 feet of postsecondary institution) involving substances listed in s.893.03(1)(a),(1)(b),(1)(d),(2)(a),(2)(b), or (2)(c)5. | Fla. Stat. § 893.13(1)(d)1. |
| Sale/manufacture/delivery near college/university — mid-tier substances | Felony of the Second Degree | Violation of (1)(d) involving substances listed in s.893.03(1)(c),(2)(c)1.-3.,(2)(c)6.-10.,(3), or (4). | Fla. Stat. § 893.13(1)(d)2. |
| Sale/manufacture/delivery near place of worship/convenience business — top-tier substances | Felony of the First Degree | Violation of (1)(e) (within 1,000 feet of a place of worship or convenience business) involving substances listed in s.893.03(1)(a),(1)(b),(1)(d),(2)(a),(2)(b), or (2)(c)5. | Fla. Stat. § 893.13(1)(e)1. |
| Sale/manufacture/delivery near place of worship/convenience business — mid-tier substances | Felony of the Second Degree | Violation of (1)(e) involving substances listed in s.893.03(1)(c),(2)(c)1.-3.,(2)(c)6.-10.,(3), or (4). | Fla. Stat. § 893.13(1)(e)2. |
| Sale/manufacture/delivery near public housing facility — top-tier substances | Felony of the First Degree | Violation of (1)(f) (within 1,000 feet of a public housing facility) involving substances listed in s.893.03(1)(a),(1)(b),(1)(d),(2)(a),(2)(b), or (2)(c)5. | Fla. Stat. § 893.13(1)(f)1. |
| Sale/manufacture/delivery near public housing facility — mid-tier substances | Felony of the Second Degree | Violation of (1)(f) involving substances listed in s.893.03(1)(c),(2)(c)1.-3.,(2)(c)6.-10.,(3), or (4). | Fla. Stat. § 893.13(1)(f)2. |
| Methamphetamine/phencyclidine manufacture with child present | Felony of the First Degree | Manufacture of methamphetamine or phencyclidine, or possession of listed chemicals with intent to manufacture, occurring in a structure or conveyance where a child younger than 16 is present. | Fla. Stat. § 893.13(1)(g)1. |
| Methamphetamine/phencyclidine manufacture causing great bodily harm to child | Felony of the First Degree | Manufacture of methamphetamine or phencyclidine causing a child younger than 16 to suffer great bodily harm. | Fla. Stat. § 893.13(1)(g)2. |
| Fentanyl-type substance disguised as food/candy/trademarked product | Felony of the First Degree | Sale, manufacture, delivery, or possession with intent involving alfentanil, carfentanil, fentanyl, sufentanil, fentanyl derivatives, analogs, or mixtures thereof, in a form resembling food, candy, trademarked products, or containing cartoon imprints. | Fla. Stat. § 893.13(1)(i) |
Common questions about prohibited acts; penalties in Florida
Is prohibited acts; penalties a felony or a misdemeanor in Florida?
It depends on the circumstances: prohibited acts; penalties ranges from a Misdemeanor of the First Degree to a Felony of the First Degree in Florida under Fla. Stat. § 893.13.
Sale/manufacture/delivery/possession with intent — Schedule I opiates/opioids/certain schedules: Felony of the Second Degree (Fla. Stat. § 893.13(1)(a)1.) · Sale/manufacture/delivery/possession with intent — mid-level controlled substances: Felony of the Third Degree (Fla. Stat. § 893.13(1)(a)2.) · Sale/manufacture/delivery/possession with intent — Schedule V substances: Misdemeanor of the First Degree (Fla. Stat. § 893.13(1)(a)3.) · Sale or delivery of more than 10 grams of specified substances: Felony of the First Degree (Fla. Stat. § 893.13(1)(b)) · Sale/manufacture/delivery near child care facility/school/park — top-tier substances: Felony of the First Degree (Fla. Stat. § 893.13(1)(c)1.) · Sale/manufacture/delivery near child care facility/school/park — mid-tier substances: Felony of the Second Degree (Fla. Stat. § 893.13(1)(c)2.) · Sale/manufacture/delivery near college/university — top-tier substances: Felony of the First Degree (Fla. Stat. § 893.13(1)(d)1.) · Sale/manufacture/delivery near college/university — mid-tier substances: Felony of the Second Degree (Fla. Stat. § 893.13(1)(d)2.) · Sale/manufacture/delivery near place of worship/convenience business — top-tier substances: Felony of the First Degree (Fla. Stat. § 893.13(1)(e)1.) · Sale/manufacture/delivery near place of worship/convenience business — mid-tier substances: Felony of the Second Degree (Fla. Stat. § 893.13(1)(e)2.) · Sale/manufacture/delivery near public housing facility — top-tier substances: Felony of the First Degree (Fla. Stat. § 893.13(1)(f)1.) · Sale/manufacture/delivery near public housing facility — mid-tier substances: Felony of the Second Degree (Fla. Stat. § 893.13(1)(f)2.) · Methamphetamine/phencyclidine manufacture with child present: Felony of the First Degree (Fla. Stat. § 893.13(1)(g)1.) · Methamphetamine/phencyclidine manufacture causing great bodily harm to child: Felony of the First Degree (Fla. Stat. § 893.13(1)(g)2.) · Fentanyl-type substance disguised as food/candy/trademarked product: Felony of the First Degree (Fla. Stat. § 893.13(1)(i))
Which Florida statute covers prohibited acts; penalties?
Prohibited acts; penalties is governed by Fla. Stat. § 893.13 (Prohibited acts; penalties).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.