25.6 SELL, MANUFACTURE, DELIVER, OR POSSESSION WITH INTENT TO SELL, MANUFACTURE OR DELIVER A CONTROLLED SUBSTANCE IN SPECIFIED LOCATIONS

To prove the crime of (crime charged), the State must prove the following four elements beyond a reasonable doubt:

1. (Defendant) [sold] [manufactured] [delivered] [possessed with intent to [sell] [manufacture] [deliver]] a certain substance.

Give as applicable. § 893.13(1)(c)–(f) and (h), Fla. Stat. To explain the specified locations, the judge should provide definitions (see below) from the appropriate statutes that are referred to in § 893.13(1), Fla. Stat.

2. The [sale] [manufacture] [delivery] [possession with intent to [sell] [manufacture] [deliver]] took place in, on, or within 1,000 feet of:

the real property comprising a child care facility;

the real property comprising a public or private [elementary] [middle] [secondary] school between the hours of 6:00 a.m. and 12:00 midnight;

the real property comprising [a state, county, or municipal park] [a community center] [a publicly-owned recreational facility];

the real property comprising a public or private college, university, or other postsecondary educational institution;

a physical place for worship at which a church or religious organization regularly conducts religious services;

a convenience business;

[the real property comprising a public housing facility];

the real property comprising a mental health facility;

the real property comprising a health care facility licensed under chapter 395, Florida Statutes, that provides substance abuse treatment;

the real property comprising a licensed service provider;

the real property comprising a facility providing services that include clinical treatment, intervention, or prevention;

the real property comprising a recovery residence;

the real property comprising an assisted living facility;

the real property comprising a pain management clinic.

3. The substance was (specific substance alleged).

4. (Defendant) had knowledge of the presence of the substance.