Arthur I. Jacobs , General Counsel, and Yvonne R. Mizeras of Jacobs Scholz and Associates, LLC, Fernandina Beach, FL, on behalf of the Florida Prosecuting Attorneys Association, Inc.; Honorable Nancy Daniels , President, Richard M. Summa and John Eddy Morrison , Assistant Public Defenders, Tallahassee, FL, on behalf of Florida Public Defender Association, Inc.; Todd Foster of Cohen and Foster, P.A., Tampa, FL, and David Oscar Markus of Markus and Markus, Miami, FL, on behalf of National Association of Criminal Defense Lawyers, American Civil Liberties Union of Florida, Drug Policy Alliance, Cato Institute, Reason Foundation, and Libertarian Law Council; and Elliot H. Scherker of Greenberg Traurig, P.A., Miami, FL and Karen M. Gottlieb , Coconut Grove, FL, on behalf of the Florida Association of Criminal Defense Lawyers and the Miami Chapter of the Florida Association of Criminal Defense Lawyers, As Amici Curiae.
Supreme Court of Florida.
CANADY, J.
In this case we consider the constitutionality of the provisions of chapter 893, Florida Statutes (2011), the Florida Comprehensive Drug Abuse Prevention and Control Act, that provide that knowledge of the illicit nature of a controlled substance is not an element of any offenses under the chapter but that the lack of such knowledge is an affirmative defense.
Based on its conclusion that section 893.13, Florida Statutes (2011) — which creates...
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