Opinion
No. 74582.
March 15, 1990.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, Fifth District — Case Nos. 88-1010, 88-1218, 88-1219, 88-1345, 88-1488, 88-1489, 88-1568, 88-1569, 88-1572, 88-2185, 88-2264 88-2265.
James B. Gibson, Public Defender, and Glen P. Gifford, Asst. Public Defender, Daytona Beach, for petitioners.
Robert A. Butterworth, Atty. Gen., and Fleming Lee, Asst. Atty. Gen., Daytona Beach, for respondent.
We have for review Morrow v. State, 547 So.2d 1236 (Fla. 5th DCA 1989), in which the district court certified the following question to be of great public importance:
IS SECTION 893.13(1)(e),[] FLORIDA STATUTES (1987) CONSTITUTIONAL?
Id. at 1237. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.
Section 893.13(1)(e), Florida Statutes (1987), provides:
(e) Except as authorized by this chapter, it is unlawful for any person to sell, purchase, manufacture, or deliver, or to possess with the intent to sell, purchase, manufacture, or deliver, a controlled substance in, on, or within 1,000 feet of the real property comprising a public or private elementary, middle, or secondary school. Any person who violates this paragraph with respect to:
1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) is guilty of a felony of the first 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), (3), or (4) is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Section 893.13(1)(e), Florida Statutes (1987), provides:
(e) Except as authorized by this chapter, it is unlawful for any person to sell, purchase, manufacture, or deliver, or to possess with the intent to sell, purchase, manufacture, or deliver, a controlled substance in, on, or within 1,000 feet of the real property comprising a public or private elementary, middle, or secondary school. Any person who violates this paragraph with respect to:
1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) is guilty of a felony of the first 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), (3), or (4) is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
In Burch v. State, 558 So.2d 1 (Fla. 1990), we answered the certified question affirmatively. Therefore, we approve the decision below.
We decline to address the other issue sought to be raised here which was not discussed in the district court opinion.
It is so ordered.
EHRLICH, C.J., and OVERTON, McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.