Drugs Near Schools & Selling Drugs to Minors

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. He has defended people in tax fraud, bank fraud, wire fraud, drug-trafficking, and money-laundering cases. Our office answers 24 hours a day.

Florida: Delivering Drugs to a Minor or Using a Minor

Florida law makes it a crime for a person 18 or older to deliver a controlled substance to someone under 18, to use or hire a minor as an agent or employee in selling or delivering drugs, or to use a minor to help avoid detection or arrest.

What the State must prove (Fla. Std. Jury Instr. (Crim.) 25.4; see our Elements page): you delivered the substance to a person under 18, or used or hired a minor in its sale or delivery, or used a minor to help avoid detection; the substance was the one charged; you were 18 or older; and you knew the substance was there.

Penalties: for the most serious group of drugs in the statute (which includes cocaine and heroin), a first-degree felony; for a second group (which includes cannabis), a second-degree felony; for any other controlled substance, a third-degree felony. The statute also says the sentence may not be suspended or deferred, and the person may not be placed on probation.

Florida: Drug-Free Zones

Selling, making, delivering, or possessing with intent to sell within 1,000 feet of a child care facility or a school (between 6 a.m. and midnight), or at any time near a park, community center, or public recreational facility, is punished more harshly. For the most serious group of drugs, it is a first-degree felony with a 3-year minimum, except near a child care facility. Colleges are covered by a separate subsection. A child care facility counts only if it posts the sign the statute requires. See the Elements page, 25.6, and Drug Crimes Defense.

Federal: Schools, Playgrounds, and Public Housing (21 U.S.C. § 860)

What the government must prove (11th Cir. Pattern Instr. O103; see our Elements page): you knowingly possessed a controlled substance; you possessed it within 1,000 feet of a school or a public-housing facility; and you intended to distribute it. If the indictment charges a quantity, the jury also decides the weight.

The statute covers 1,000 feet of schools, colleges, playgrounds, and public housing, and 100 feet of youth centers, public pools, and video arcades. The penalties:

• Twice the maximum prison term under the general drug statute, and at least twice the supervised release.
• A minimum of 1 year, unless a higher minimum already applies. The minimum does not apply to offenses involving 5 grams or less of marijuana.
• After a prior § 860 conviction: at least 3 years.
• No probation or suspended sentence for a mandatory minimum.

Federal: Distribution to a Person Under 21 (21 U.S.C. § 859)

A person 18 or older who distributes to someone under 21 faces twice the usual maximum, at least twice the supervised release, and a minimum of 1 year (again, not for 5 grams or less of marijuana). Section 860(c) also punishes a person 21 or older who uses someone under 18 in school-zone dealing with up to triple the usual penalties.

Defense Themes

• The measurement. Distances, maps, and property lines are often contested.
• The hours and the place. Florida's school zone applies between 6 a.m. and midnight. Was the place actually the kind the statute lists?
• Age. The State must prove both people's ages.
• Knowledge and intent. Florida requires knowledge of the substance; federal law requires intent to distribute.
• The search. See Motions to Suppress.

What to Do First

1. Do not talk to police or agents about where you were or who you were with.
2. Write down the exact location and time while you remember it.
3. Call us. See Bond & Nebbia Hearings.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012 in state and federal court.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Does Florida's school zone apply at night?

For schools and child care facilities, between 6 a.m. and midnight. For parks, community centers, and public recreational facilities, at any time.

Can I get probation for delivering drugs to a minor in Florida?

The statute says the sentence may not be suspended or deferred and the person may not be placed on probation.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.