25.13(h) POSSESSION OF A PLACE USED TO MANUFACTURE A CONTROLLED SUBSTANCE INTENDED FOR SALE OR DISTRIBUTION (MINOR PRESENT OR IN RESIDENCE)
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.
- Instruction
- 25.13(h)
- Statute
- § 893.1351(3), Fla. Stat.
- Edition
- Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026
- Official source
- The Florida Bar: criminal jury instructions
Elements
Quoted word for word from the official text. Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026.
To prove the crime of Possession of a Place Used to Manufacture a Controlled Substance Intended for Sale or Distribution (Minor Present or in Residence), the State must prove the following three elements beyond a reasonable doubt:
1. (Defendant) was knowingly in possession of a [place] [structure] [trailer] [conveyance].
2. At the time, (defendant) knew the [place] [structure] [trailer] [conveyance] was being used to manufacture a controlled substance that was intended for sale or distribution to another.
3. At the time, (defendant) knew or should have known that a minor was present or resided in the [place] [structure] [trailer] [conveyance].
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
Inference. Give if applicable. § 893.1351(4), Fla. Stat.
You may, but are not required to, infer that cannabis was intended for sale or distribution upon proof of the possession of 25 or more cannabis plants.
Lesser-included offenses
As the instruction lists them, word for word.
POSSESSION OF A PLACE USED TO MANUFACTURE A CONTROLLED SUBSTANCE INTENDED FOR SALE OR DISTRIBUTION (MINOR PRESENT OR IN RESIDENCE) — § 893.1351(3)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Manufacture of a Controlled Substance | 893.13(1)(a) | 25.2 | |
| Contributing to the delinquency of a minor | 827.04(1) | 16.4 | |
| Manufacture methamphetamine and other drugs in presence of child younger than 16 | 893.13(1)(g) | -- | |
| Attempt | 777.04(1) | 5.1 |
Related practice page
Official source: The Florida Bar: criminal jury instructions
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.