Drug-free zone laws in Florida are designed to make children and communities safer by limiting sales of illegal substances near schools, daycare centers, parks and churches. Per Florida Statute Section 893.13(1)(e), those caught selling certain narcotics within 1,000 feet of such facilities could face penalty enhancements. In some cases, it may be considered a first-degree felony, accompanied by a minimum mandatory 3-year prison sentence, regardless of one’s prior criminal history. 
These laws are a holdover of the Reagan-era “War on Drugs,” and some states and municipalities have called for a repeal of these laws, as they are harsh, do little to curb drug crimes and are often applied inequitably. So far, however, our Broward criminal defense lawyers haven’t seen any indication Florida’s legislature intends to do comply.
Still, there are situations under which a “drug-free zone” enhancement can be effectively challenged. A recent example is an appeal before Florida’s 4th DCA of two defendants, tried jointly and convicted, of trafficking oxycodone within 1,000 feet of a church. The cases, Lemaster v. Florida and Wilder v. Florida, stemmed from a November 2011 arrests of two individuals on the first-degree felony charge of possession with intent to sell in, on or within 1,000 feet of a physical place of worship at which church or religious organization regularly conducts religious services. The pair were convicted of this and other charges.
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