Florida Court Quashes Evidence Due to Unnecessary K-9 Traffic Stop Delay

In a pivotal ruling for criminal defense rights, the Florida Fifth District Court of Appeal issued its opinion in Hudson v. State (Case No. 5D2025-1286, July 24, 2026), addressing the critical boundaries of police authority during routine traffic stops. The appellate decision reinforces established constitutional limits, confirming that law enforcement officers cannot impermissibly prolong a traffic detention to await or perform a narcotics dog sniff without independent reasonable suspicion.

Facts of the Case: Hudson v. State

Nicholas Jamal Hudson was riding as a passenger in a vehicle subjected to a traffic stop in Marion County, Florida. Approximately four minutes into the stop, the pulling officer radioed for a K-9 narcotics unit. Although the K-9 unit arrived promptly, ten minutes and twenty seconds elapsed post-stop before the exterior drug sniff commenced.

Following the dog’s alert, officers searched the vehicle and discovered contraband, leading to criminal charges against Hudson. Hudson entered a no-contest plea while reserving his right to appeal the trial court’s denial of his motion to suppress the evidence, acknowledging that the suppression motion was dispositive of the prosecution.

The Court’s Legal Analysis

Writing for the Fifth DCA, Judge Edwards highlighted the governing principles established in precedent such as Illinois v. Caballes and Whitfield v. State. While law enforcement may utilize a drug-detection dog around the exterior of a vehicle during a lawful stop, that search must be completed within the time strictly necessary to execute routine traffic tasks. These permissible tasks include checking driver licenses, verifying registration, conducting warrant checks, and issuing a traffic ticket or warning.

In Hudson’s case, the State of Florida presented no evidence to explain or justify why more than ten minutes passed prior to the dog sniff. The officer failed to issue a traffic citation and could not confirm whether a written warning was ever drafted. Because the traffic stop was unnecessarily prolonged, the appellate court reversed the trial court’s ruling and quashed the order denying Hudson’s motion to suppress.

Judicial Concurrence Highlights the Prosecution’s Burden

In a separate concurring opinion, Judge Eisnaugle emphasized the strict burden of proof placed on the State during motion to suppress hearings involving warrantless searches. Citing the landmark decision Rodriguez v. United States, Judge Eisnaugle explained that a dog sniff that prolongs a stop beyond its routine administrative purpose results in an unlawful seizure.

Because law enforcement searched the vehicle without a warrant, the legal burden shifted to the State to prove that the evidence was obtained lawfully. Because the evidentiary record contained no details showing whether the officer was actively investigating the traffic infraction or simply idling while waiting for the dog unit, the State failed to meet its evidentiary burden.

Practical Implications for Tampa Bay Residents

This appellate decision provides a vital defense mechanism for individuals facing drug charges originating from traffic stops across Tampa and Hillsborough County. If law enforcement detains you on the roadside while delaying routine paperwork to coordinate a K-9 search, your Fourth Amendment rights may have been violated.

For expert assistance reviewing search procedures and filing motions to suppress illegally obtained evidence, contact Board-Certified Criminal Trial Specialist W.F. Casey Ebsary Jr. today at 813-222-2220 or visit Drug2Go Legal Defense to schedule a consultation.

https://flcourts-media.flcourts.gov/content/download/2492827/opinion/Opinion_2025-1286.pdf

Full Text of Opinion

FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA

Case No. 5D2025-1286
LT Case No. 42-2024-CF-1010-A

NICHOLAS JAMAL HUDSON,
Appellant,

V.

STATE OF FLORIDA,
Appellee.

On appeal from the Circuit Court for Marion County.
Barbara Kissner, Judge.

Matthew J. Metz, Public Defender, and Evan Altes, Assistant
Public Defender, Daytona Beach, for Appellant.

James Uthmeier, Attorney General, Tallahassee, and Tabitha
Mills, Assistant Attorney General, Daytona Beach, for Appellee.

July 24, 2026

EDWARDS, J.

Nicholas Jamal Hudson, (“Appellant”) appeals his conviction
and the denial of his motion to suppress evidence obtained
following a traffic stop of the vehicle in which he was riding as a
passenger.¹ Appellant claims that the officer impermissibly and
unnecessarily prolonged the traffic stop for the purpose of
summoning a K-9 team to the scene to conduct a drug detection
sniff around the exterior of the car. Appellant points out that the
officer radioed for the K-9 team approximately four (4) minutes
after the stop was initiated, the K-9 arrived very quickly
thereafter; however, a total of ten (10) minutes and twenty (20)
seconds elapsed post-stop before the K-9 exterior sniff of the car
began.

“It is well established that the use of a narcotics dog to sniff a
vehicle does not constitute a search and may be conducted during
a consensual encounter or traffic stop.” Whitfield v. State, 33 So.
3d 787, 790 (Fla. 5th DCA 2010) (citing Illinois v. Caballes, 543
U.S. 405, 407 (2005)). “However, absent an articulable suspicion
of criminal activity, the time an officer takes to issue a citation
should last no longer than is necessary to make any required
license or registration checks and to write the citation.” Id. (citing
Maxwell v. State, 785 So. 2d 1277 (Fla. 5th DCA 2001) (additional
citations omitted)).² “[T]he canine search of the exterior of the
vehicle must be completed within the time required to issue a
citation.” Id. (citing Eldridge v. State, 817 So. 2d 884, 887 (Fla. 5th
DCA 2002)).

The State offered no evidence to justify the length of time that
expired between the traffic stop and the K-9 walk around. The
officer who stopped the vehicle did not issue a traffic ticket and
couldn’t recall whether he issued a written warning to the driver.
We agree that the traffic stop was improperly and unnecessarily
prolonged. Accordingly, we quash the order denying Appellant’s
motion to suppress.

REVERSED and REMANDED.

HARRIS, J., concurs.
EISNAUGLE, J., concurs with opinion.

¹ Appellant entered a no contest plea to the multiple charges
lodged against him, which were based on contraband seized
following the K-9 walk around. He reserved the right to appeal the
denial of his motion to suppress, which was acknowledged below
as dispositive.

² It is also appropriate for the officer to take time during the
stop to determine if the driver or any passenger has any
outstanding warrants. Vangansbeke v. State, 223 So. 3d 384, 386
(Fla. 5th DCA 2017).

Case No. 5D2025-1286
LT Case No. 42-2024-CF-1010-A

EISNAUGLE, J., concurring.

I concur in the majority’s decision because the State failed to
carry its burden at the suppression hearing.

“[A] seizure that is lawful at its inception can violate the
Fourth Amendment if its manner of execution unreasonably
infringes interests protected by the Constitution.” Illinois v.
Caballes, 543 U.S. 405, 407 (2005). For that reason, “[a] dog-sniff
that prolongs a traffic stop… results in an unlawful seizure in
violation of the Fourth Amendment absent reasonable suspicion to
prolong the stop.” Vangansbeke v. State, 223 So. 3d 384, 386 (Fla.
5th DCA 2017) (citing Rodriguez v. United States, 575 U.S. 348
(2015)). “The inquiry is whether the dog-sniff prolonged the stop
beyond the necessary time to conduct the normal inquiries incident
to a traffic stop—such as determining whether the driver and
passengers have outstanding warrants and to issue a traffic
citation or warning.” Id.

With no search warrant to authorize the search, “the state
was obliged at the suppression hearing to demonstrate that the
evidence sought to be suppressed was lawfully obtained.” Beasley
v. State, 939 So. 2d 220, 220-21 (Fla. 1st DCA 2006); see also State
v. Gay, 823 So. 2d 153, 154 (Fla. 5th DCA 2002) (recognizing that
when no search warrant has been issued, the state has the burden,
on a motion to suppress, to establish that the evidence sought to
be suppressed was obtained lawfully); State v. Setzler, 667 So. 2d
343, 345 (Fla. 1st DCA 1995) (same). “As a practical matter,
absence of a search warrant in the court file suffice[s] to shift the
burden of going forward to the prosecution.” Setzler, 667 So. 2d at

345. There is no warrant in this case. The State therefore had the
     burden of proof below.

As the majority observes, our record contains no evidence
establishing what transpired between the initiation of the traffic
stop and the dog sniff. We do not know whether the officer was
investigating the traffic infraction, preparing a warning, or simply
waiting for the K-9 unit. See Jones v. State, 187 So. 3d 346, 348
(Fla. 4th DCA 2016) (finding a Fourth Amendment violation where
“the officer abandoned his reason for the traffic stop (writing the
seatbelt citation) and instead chose to conduct the sniff of
Defendant’s vehicle”). Because the State failed to establish that
the stop remained lawful at the time of the sniff, we must reverse.

The Florida criminal justice system is intentionally adversarial, but it is also slow. This combination creates a perfect storm for anxiety, guilt, and depression. When you are stuck in the “Discovery” phase for months, it is easy to feel like your life is on hold.

1. Navigating the Social Stigma

An arrest creates an immediate digital footprint. Public mugshots and online court dockets mean that neighbors, employers, and family members may learn about your situation before you have even had a chance to explain.

• Actionable Advice: Do not try to clear your name online. Engaging in social media arguments or posting public explanations can severely damage your legal defense. Statements you make online can be subpoenaed by the prosecution. Let your defense speak through formal court filings, not comment sections.

2. Coping with the Waiting Periods

Months may pass without a major breakthrough in your case. This is completely normal. Depositions must be scheduled around the availability of police officers, witnesses, and prosecutors.

• Actionable Advice: Establish a structured daily routine. Focus heavily on elements of your life that you can control, such as your work, your physical health, and your immediate family relationships. Treat the legal case as a separate project managed by your attorney, rather than letting it consume your entire identity. Consider a competent licensed counselor.

3. Facing the Trial Anxiety

If your case cannot be resolved through a dismissal or a favorable plea negotiation, the prospect of a jury trial can be terrifying. The fear of a public trial and a potential conviction causes immense psychological strain.

• Actionable Advice: Knowledge is the antidote to fear. I walk my clients through the exact layout of the courtroom, the selection process for jurors, and the order of arguments. When you understand the structural rules of a trial, the courtroom transforms from a place of abstract terror into a highly regulated venue where evidence is tested.

Get Expert Guidance from an Experienced Trial Lawyer

Take Control of Your Defense: Waiting in limbo is one of the hardest parts of a criminal case. I focus on keeping my clients informed, prepared, and protected at every turn. If you want a Board Certified Expert who understands both the legal mechanics and the human impact of your case, visit my bio atW. F. Casey Ebsary Jr. Bio Pageto read more about my background, or contact my team immediately at 813-222-2220.

Essential “Survival” Strategies for Common Florida Charges

Different types of criminal charges carry distinct operational hurdles and psychological weights. Here is a breakdown of how to approach the specific challenges of common offenses.

Driving Under the Influence (DUI) & Boating Under the Influence (BUI)

DUI and BUI charges bring immediate administrative headaches alongside criminal penalties. In Florida, an arrest often triggers an immediate suspension of your driving privileges by the Department of Highway Safety and Motor Vehicles (DHSMV).

• The Survival Strategy: You face a strict 10-day window from the date of a DUI arrest to challenge the administrative suspension or request a formal review hearing for a hardship license. Missing this deadline results in an automatic hard suspension. Prioritize this administrative step immediately to preserve your ability to drive to work and support your family.

Specialized Electric Vehicle (eBike / Golf Cart) Defense

As electric bicycles and golf carts grow in popularity across Florida’s coastal communities, law enforcement has increasingly targeted them for traffic and alcohol-related enforcement. Many operators do not realize they can face serious legal complications while operating non-traditional vehicles.

• The Survival Strategy: The legal definitions surrounding motorized vs. non-motorized transport are nuanced under Florida law. If you are stopped or cited while riding an eBike or driving a golf cart, document the exact specifications of the vehicle (wattage, top speed capabilities, and whether it was on a public roadway or a designated path). This technical data is vital for building an effective defense.

Pre-Trial Intervention (PTI) and Diversion Programs

For individuals facing their first non-violent offense, Florida offers various diversion programs, such as Pre-Trial Intervention (PTI) or Misdemeanor Intervention Programs (MIP).

• The Survival Strategy: View these programs as a structured business contract. If you successfully complete the required community service hours, restitution, or counseling courses within the set timeframe, the state will dismiss your charges entirely. It requires strict organization, but it offers a guaranteed path to protecting your record without the risk of a trial.

10 Critical Questions and Answers Regarding Florida Criminal Procedures

1. What is the difference between a felony and a misdemeanor charge in Florida?

In Florida, felonies are severe crimes punishable by more than one year in a state state prison, with sentences carried out under the supervision of the Florida Department of Corrections. Misdemeanors are less severe offenses punishable by a maximum of one year in a local county jail. The classification dictates which court handles your case and carries vastly different long-term impacts on your civil rights, including your right to vote or possess firearms.

2. Can a Florida law enforcement officer pull me over based on an anonymous tip?

An anonymous tip alone is rarely sufficient to justify a traffic stop unless it contains specific, predictive details that law enforcement can independently verify to establish reasonable suspicion. If an officer pulls you over solely because an unnamed caller reported erratic driving, without observing any traffic violations firsthand, we can file a motion to suppress the stop. If successful, any evidence obtained after that stop could be thrown out of court.

3. How does a formal Daubert challenge affect the evidence in my criminal case?

A Daubert challenge is a specific legal motion used to contest the admissibility of scientific or expert witness testimony in court. Under Florida’s Daubert standard, the judge acts as a gatekeeper to ensure that the scientific methods, laboratory testing, or expert techniques used by the state are reliable and peer-reviewed. I use these challenges to attack flawed breathalyzer data, blood test analyses, or accident reconstruction models.

4. What happens if I miss a scheduled pre-trial conference or court date in Florida?

If you fail to appear for a mandatory court appearance without a valid, pre-approved legal excuse, the judge will typically issue a capias, which is an active warrant for your arrest. Additionally, your bond can be revoked, meaning you could be held in jail without bail until your case is resolved. In many misdemeanor and standard pre-trial situations, your defense attorney can file a waiver to excuse your personal presence, but you must confirm this explicitly with counsel beforehand.

5. What is the purpose of a deposition in a Florida criminal defense strategy?

A deposition allows your defense attorney to question the state’s witnesses, including the arresting officers, under oath before a court reporter prior to trial. This process is essential because it locks in their testimony, uncovers inconsistencies in the police report, and prevents surprises during a trial. If a witness changes their story on the stand at trial, we can use their deposition transcript to impeach their credibility in front of the jury.

6. Can I expunge or seal a criminal arrest record if my charges were dropped?

Yes, if your charges were dismissed, dropped by the state, or if you received a “No Information” filing, you may be eligible to have your record sealed or expunged in Florida, provided you have never been adjudicated guilty of a criminal offense before. Sealing restricts public access to the record, while expunging physically destroys the legal file held by the arresting agency. This process takes several months and requires a certificate of eligibility from the Florida Department of Law Enforcement (FDLE).

7. What is an Ignition Interlock Device, and when is it required in Florida?

An Ignition Interlock Device (IID) is a breath-testing mechanism wired into a vehicle’s ignition system that prevents the engine from starting if it detects measurable breath alcohol. In Florida, an IID is mandatory for specified periods upon conviction for certain DUI offenses, including cases involving high blood-alcohol levels (0.15 or greater) or when a minor was in the vehicle. The driver is solely responsible for the monthly installation, monitoring, and maintenance costs of the device.

8. What are the legal requirements for a valid Boating Under the Influence (BUI) stop?

Unlike a standard traffic stop on a highway, law enforcement officers and wildlife officials have broad authority under Florida law to conduct random safety and registration checks on boats without prior reasonable suspicion of a crime. However, to transition that routine safety check into a criminal BUI investigation, the officer must develop specific, articulable probable cause that the operator is impaired by alcohol or drugs. Officers must observe distinct physical signs of impairment before requesting field sobriety exercises.

9. How do Florida’s statutory speedy trial rules apply to my defense?

Under Florida Rule of Criminal Procedure 3.191, the state is bound by strict deadlines to bring a defendant to trial: 90 days from the date of arrest for a misdemeanor, and 175 days for a felony. However, the defense frequently waives speedy trial rights to allow adequate time to review complex evidence, take depositions, and file necessary pre-trial motions. Rushing to trial without fully analyzing the prosecution’s evidence is a dangerous strategy that rarely benefits the accused.

10. I am completely unsure about how my specific prior out-of-state record affects my current Florida score sheet. What should I do?

I do not know the exact configuration of your out-of-state record or how a Florida prosecutor will score it without conducting a comprehensive, manual review of your certified driving or criminal transcripts from that specific state. Florida uses a rigid, points-based criminal punishment scoresheet for felonies, and out-of-state offenses must be meticulously matched to their closest Florida statutory equivalents. If you have past offenses elsewhere, state clearly that you have an out-of-state history so your attorney can pull those exact records and calculate your points with absolute precision.

Secure Your Defense Team Today

Contact W. F. Casey Ebsary Jr.: Navigating the emotional highs and lows of a Florida criminal case requires a steady, experienced hand. Do not let fear or confusion dictate your future. Reach out to my office at 813-222-2220, explore my decades of trial experience on myBio Page, or fill out a secure form directly on ourContact Us Page. Let’s sit down, review the facts of your case, and build a strategic plan to get your life back on track.

Video: Understanding Florida Sale of Cocaine Charges

Summary of YouTube Video

Watching an attorney explain how Florida drug prosecutions work can help you better understand the criminal process. Every criminal case is unique, and the facts, evidence, and applicable law determine the best defense strategy. This video provides general educational information and should not be considered legal advice for any specific case.

Tampa Sale of Cocaine Lawyer – DRUG1400 Defense Attorney

Charged with Sale of Cocaine in Tampa? Speak with a Board Certified Criminal Trial Lawyer Today.

Being arrested for DRUG1400 Sale of Cocaine is a serious matter that can place your freedom, career, and future at risk. Drug sale allegations often arise from undercover operations, confidential informants, controlled buys, surveillance, or traffic stops, and the prosecution must still prove every element of the offense beyond a reasonable doubt. Attorney W.F. “Casey” Ebsary Jr. is a former prosecutor and a Florida Bar Board Certified Criminal Trial Lawyer who has spent decades defending individuals charged with serious felony drug crimes throughout Tampa and Hillsborough County. Call (813) 222-2220 today for a confidential consultation.

Why Should I Hire W.F. “Casey” Ebsary Jr.?

Choosing the right attorney can make an important difference when you are facing felony drug charges. Casey Ebsary is a former Florida prosecutor who understands how law enforcement investigates narcotics cases and how prosecutors prepare cases for trial. As a Board Certified Criminal Trial Lawyer, he has extensive courtroom experience handling complex felony cases and works to identify weaknesses in the State’s evidence while protecting his clients’ constitutional rights.

Learn more about attorney Casey Ebsary:

https://drug2go.com/about

What Is the Florida Crime of Sale of Cocaine?

Florida law prohibits the unauthorized sale, manufacture, delivery, or possession with intent to sell certain controlled substances, including cocaine. Sale of cocaine is commonly prosecuted as a felony offense under Chapter 893 of the Florida Statutes. Whether the State can obtain a conviction depends upon the specific facts, admissible evidence, and whether prosecutors can prove every required legal element beyond a reasonable doubt.

Official Florida Legislature:

https://www.leg.state.fl.us

Florida Statute §893.13 (Justia):

https://law.justia.com/codes/florida/title-xlvi/chapter-893/section-893-13

DRUG1400 Quick Reference

What Must Prosecutors Prove?

The prosecution bears the burden of proving every required element of the charged offense beyond a reasonable doubt. Depending upon the allegations, the State may be required to prove that the defendant knowingly sold, delivered, manufactured, or possessed with intent to sell a controlled substance identified by Florida law. Evidence presented during the case must satisfy the applicable jury instructions and the rules governing criminal trials.

Florida Standard Criminal Jury Instructions are published by the Florida Supreme Court.

https://www.floridasupremecourt.org

Does the State Need Physical Evidence?

Physical evidence is frequently important in drug prosecutions, but every criminal case depends upon its own facts. Prosecutors may rely upon laboratory testing, witness testimony, surveillance, recorded communications, or other evidence permitted under the rules of evidence. A defense attorney carefully reviews whether the evidence was lawfully obtained, accurately preserved, and legally admissible before trial.

What Happens During a Drug Sale Investigation?

Drug sale investigations often involve undercover officers, confidential informants, surveillance operations, controlled purchases, or search warrants. Law enforcement agencies may also rely on digital evidence, text messages, recorded telephone calls, or financial records depending on the allegations. The investigative methods used in a case can become an important issue when evaluating possible legal defenses and constitutional challenges.

Can Intent Be Challenged?

Yes. In some prosecutions, the State alleges possession with intent to sell rather than an actual completed sale. Whether prosecutors can establish intent depends upon the admissible evidence, and the circumstances of each case may be closely examined by both the prosecution and the defense. Intent cannot simply be assumed and must be supported by legally sufficient evidence.

Are Search and Seizure Issues Important?

Search and seizure questions frequently arise in felony drug prosecutions. Traffic stops, vehicle searches, residential search warrants, consent searches, and warrantless searches may all become important issues depending upon the facts of the investigation. When constitutional protections are violated, a defense attorney may evaluate whether legal remedies are available under applicable law.

Why Is Local Experience Important?

Drug prosecutions are handled in the local courts where charges are filed, making experience in Hillsborough County valuable. Attorney Casey Ebsary has represented clients throughout the Tampa Bay area for many years and understands the procedures commonly encountered in serious felony cases. Local knowledge, trial experience, and careful preparation can all play an important role when defending criminal charges.

What Happens After an Arrest?

After an arrest, a defendant typically proceeds through several stages of the criminal justice system before the case is resolved. These stages may include first appearance, arraignment, discovery, motion practice, plea negotiations, and, if necessary, trial. Each stage presents important legal decisions that should be made after consulting with an experienced criminal defense attorney.

Florida Drug Case Timeline

Frequently Asked Questions

Is sale of cocaine the same as trafficking?

No. Florida law treats sale offenses and trafficking offenses as separate crimes with different statutory provisions. The exact charge depends upon the allegations made by prosecutors and the facts of the investigation.

Can someone be charged without money changing hands?

The answer depends on the specific allegations and evidence in the case. Florida law contains separate offenses involving sale, delivery, manufacture, and possession with intent to sell. An attorney can explain the particular charge after reviewing the arrest documents and available evidence.

Can undercover officers testify at trial?

Yes. Undercover officers may testify if they are called as witnesses and their testimony is admitted under the applicable rules of evidence. As with any witness, credibility and cross-examination may become important issues during trial.

Should I talk to detectives after my arrest?

Whether speaking with law enforcement is advisable depends upon the circumstances of the investigation. Before answering questions about a pending criminal case, many people choose to consult with an attorney to understand their legal rights and options.

Where can I read the current Florida statute?

The current version of the statute is available through the Florida Legislature and Justia.

Florida Legislature:

https://www.leg.state.fl.us

Justia:

https://law.justia.com/codes/florida/title-xlvi/chapter-893/section-893-13

Speak With a Tampa Sale of Cocaine Defense Lawyer Today

If you have been charged with DRUG1400 Sale of Cocaine in Tampa or anywhere in Hillsborough County, obtaining experienced legal representation as early as possible is an important step. Attorney W.F. “Casey” Ebsary Jr. is a former prosecutor and a Florida Bar Board Certified Criminal Trial Lawyer who has devoted his career to defending individuals accused of serious criminal offenses. Every case deserves a thorough review of the facts, the evidence, and the applicable law before important decisions are made.

Learn more about Casey Ebsary:

https://drug2go.com/about

Contact the Law Office of W.F. “Casey” Ebsary Jr.:

https://drug2go.com/contact

Call (813) 222-2220 today for a confidential consultation.

Meta Description

Charged with Sale of Cocaine (DRUG1400) in Tampa? Former prosecutor and Board Certified Criminal Trial Lawyer W.F. Casey Ebsary Jr. defends serious Florida drug charges. Call (813) 222-2220.

Original Drug1400 Sale of Cocaine Post from 2010

Cocaine Sale

If you have been charged with DRUG1400 SALE OF COCAINE you can call a Tampa Criminal Defense Attorney at 1-877-793-9290 and tell me your story.

Form Code: DRUG1400


Florida Statute: 893.13.1A
Level: Fel (Felony)
Degree: 2nd
Description: SALE OF COCAINE

DRUG1400 SALE OF COCAINE is often charged in Hillsborough County, Florida.

Title XLVI CRIMES
Chapter 893 DRUG ABUSE PREVENTION AND CONTROL


893.13 Prohibited acts; penalties.

(1)(a) Except as authorized by this chapter and chapter 499, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance. Any person who violates this provision with respect to:

1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3. A controlled substance named or described in s. 893.03(5) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220

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Related

Florida Statute § 893.135  Cocaine Minimum Mandatory Sentences

The Florida Statutes on Cocaine provide harsh minimum mandatory sentences that kick-in at 28 grams. The trafficking stakes become higher when 400 grams or 10,000 plants are alleged and proven by admissible evidence to a jury and/or sentencing judge in Florida State Courts.

Trafficking

Knowingly sells, purchases, manufactures, delivers, or brings into the state, or who is knowingly in actual or constructive possession of Cocaine:

Drug Amount                          Mandatory Minimum Sentence & Fine

28 – 200 grams                          3 years, $50,000 fine

200 – 400 grams                        7 years, $100,000 fine

400 grams – 150 kilograms        15 years, $250,000 fine

Contact Casey – Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220