Florida/Georgia Personal Injury & Workers Compensation

...Larry took place at a gas station that had "at least 10,000 feet of retail space with the gas and the convenience store." That testimony is of particular relevance because the term "convenience business" excludes any business that has at least 10,000 square feet of retail floor space. See § 812.171(3), Fla....

...Robert A. Butterworth, Attorney General, Tallahassee, and Alfred Washington, Jr., Assistant Attorney General, Daytona Beach, for Appellee. ORFINGER, R.B., J. Mathew Dickerson (Dickerson), challenges the constitutionality of sections 893.13(1)(e) and 812.171, Florida Statutes (1999), which enhance the penalties imposed on defendants convicted of selling, manufacturing, delivering or possessing a controlled substance within 1,000 feet of a convenience business....

...a controlled substance not authorized by law in, on, or within 1,000 feet of a physical place for worship at which a church or religious organization regularly conducts religious services or within 1,000 feet of a convenience business as defined in s. 812.171. *1146 (emphasis added). Section 812.171, Florida Statutes (1999), defines a "convenience business" thusly: As used in this act, the term "convenience business" means any place of business that is primarily engaged in the retail sale of groceries, or both groceries and gasoline, and that is open for business at any time between the hours of 11 p.m....

...e found the statute to be unconstitutional because the language of the statute is vague in its creation of a 1000-foot drug-free zone around convenience businesses. Specifically, Dickerson contends that the term "convenience business," as defined in section 812.171, fails to adequately advise the public of which businesses fall within the statutory definition of a "convenience business." Rather, Dickerson argues that under the statute only the business owner knows whether or not it is a "convenience business." Finally, Dickerson argues that the State failed to plead and prove that the "Speedway Store" in the instant case is a "convenience business" under section 812.171....

...Dep't of Natural Res., 453 So.2d 1351, 1353 (Fla.1984). A statute is not void for vagueness if the language "conveys sufficiently definite warning as to the proscribed conduct when measured by common understanding and practices." Brown, 629 So.2d at 842 (citations omitted). Dickerson suggests that section 812.171 is vague because it inadequately informs the public which businesses *1148 fall within the statutory definition of a "convenience business," such that the public would be on notice that certain drug offenses committed within 1000 feet of a "convenience business" would be enhanced. There is no protected right to sell narcotics anywhere. See Burch, 545 So.2d at 281. While the provisions of criminal statutes, such as sections 893.13 and 812.171, "must be strictly construed according to their letter," see Perkins v....

...to be prosecuted for its violation." Gluesenkamp v. State, 391 So.2d 192, 198 (Fla.1980), cert. denied, 454 U.S. 818, 102 S.Ct. 98, 70 L.Ed.2d 88 (1981) (citations omitted). Here, section 893.13(1)(e) defines a "convenience business" by referencing section 812.171, which clearly defines the term "convenience business" and is not susceptible to more than one meaning....

...nes, and flow of night-time customers have become favorite sites for the sale of drugs."). The fact that Dickerson or the "public" is unaware that they are conducting a drug transaction within a 1000 feet of a "convenience business" as defined under section 812.171, does not render the statute void for vagueness....

...es. The point of departure for his argument is that the legislature chose not to use the commonly understood term, "convenience store", instead choosing the term "convenience business," and has defined that term only by reference to another statute, section 812.171, Florida Statutes (1999)....

...a controlled substance not authorized by law in, on, or within 1,000 feet of a physical place for worship at which a church or religious organization regularly conducts religious services or within 1,000 feet of a convenience business as defined in s. 812.171. (Emphasis added.) Section 812.171, part of the Convenience Business Security Act, provides: [T]he term `convenience business' means any place of business that is primarily engaged in the retail sale of groceries, or both groceries and gasoline, and that is open for business at any time between the hours of 11 p.m....

...(3) A business that has at least 10,000 square feet of retail floor space. The term `convenience business' does not include any business in which the owner or members of his or her family work between the hours of 11 p.m. and 5 a.m. For the legislature to define the term in Section 893.13(1)(e) by reference to section 812.171 was, on its face, a very odd thing to do....

...ferent from that of The Convenience Business Security Act, which is designed to require specific security measures and training programs. It is probable that the legislature intended that "convenience business" have the broad definition contained in section 812.171, not including the exceptions; i.e. the legislature intended to refer to the description in section 812.171 of what a "convenience business" is, not what it is not....

...The court noted that the word "unless" was a qualifier to the primary sentence of the statute, separating the consent phrase from the enacting clause, thereby rendering the consent portion a defense. In this case, as in Thompson and Hicks, the four exceptions are affirmative defenses. The first portion of the section 812.171 defines the meaning of "convenience business." The remaining portions of the statute exclude certain types of businesses from the general definition....

...term one does hear in the common vernacular. But a "convenience store" is a very different concept than a "convenience business." The vagueness problem posed in this case differs from Brown, because the statute refers the reader to another statute (section 812.171) for definition....

...provides child care for more than five children unrelated to the operator and which receives a payment, fee, or grant for any of the children receiving care. It does not matter if the child care facility is operated for profit or as a nonprofit operation. Convenience business. § 812.171 Fla....

...provides child care for more than five children unrelated to the operator and which receives a payment, fee, or grant for any of the children receiving care. It does not matter if the child care facility is operated for profit or as a nonprofit operation. Convenience business. § 812.171, Fla....

...provides child care for more than five children unrelated to the operator and which receives a payment, fee, or grant for any of the children receiving care. It does not matter if the child care facility is operated for profit or as a nonprofit operation. Convenience business. § 812.171, Fla....

ORFINGER, R.B., J. Mathew Dickerson (Dickerson), challenges the constitutionality of sections 893.13(l)(e) and 812.171, Florida Statutes (1999), which enhance the penalties imposed on defendants convicted of selling, manufacturing, delivering or possessing a controlled substance within 1,000 feet of a convenience business....

...a controlled substance not authorized by law in, on, or within 1,000 feet of a physical place for worship at which a church or religious organization regularly conducts religious services or within 1,000 feet of a convenience business as defined in s. 812.171. *1146 (emphasis added). Section 812.171, Florida Statutes (1999), defines a “convenience business” thusly: As used in this act, the term “convenience business” means any place of business that is primarily engaged in the retail sale of groceries, or both groceries a...

...und the statute to be unconstitutional because the language of the statute is vague in its creation of a 1000-foot drug-free zone around convenience businesses. Specifically, Dickerson contends that the term “convenience business,” as defined in section 812.171, fails to adequately advise the public of which businesses fall within the statutory definition of a “convenience business.” Rather, Dickerson argues that under the statute only the business owner knows whether or not it is a “convenience business.” Finally, Dickerson argues that the State failed to plead and prove that the “Speedway Store” in the instant case is a “convenience business” under section 812.171....

...Dep’t of Natural Res., 453 So.2d 1351, 1353 (Fla.1984). A statute is not void for vagueness if the language “conveys sufficiently definite warning as to the proscribed conduct when measured by common understanding and practices.” Brown, 629 So.2d at 842 (citations omitted). Dickerson suggests that section 812.171 is vague because it inadequately informs the public which busi *1148 nesses fall within the statutory definition of a “convenience business,” such that the public would be on notice that certain drug offenses committed within 1000 feet of a “convenience business” would be enhanced. There is no protected right to sell narcotics anywhere. See Burch, 545 So.2d at 281 . While the provisions of criminal statutes, such as sections 893.13 and 812.171, “must be strictly construed according to their letter,” see Perkins v....

...rosecuted for its violation.” Gluesenkamp v. State, 391 So.2d 192, 198 (Fla.1980), cert. denied, 454 U.S. 818 , 102 S.Ct. 98 , 70 L.Ed.2d 88 (1981) (citations omitted). Here, section 893.13(l)(e) defines a “convenience business” by referencing section 812.171, which clearly defines the term “convenience business” and is not susceptible to more than one meaning....

...low of night-time customers have become favorite sites for the sale of drugs.”). The fact that Dickerson or the “public” is unaware that they are conducting a drug transaction within a 1000 feet of a “convenience business” as defined under section 812.171, does not render the statute void for vagueness....

...a controlled substance not authorized by law in, on, or within 1,000 feet of a physical place for worship at which a church or religious organization regularly conducts religious services or within 1,000 feet of a convenience business as defined in s. 812.171. Section 812.171, Florida Statutes (2005), defines a convenience business as follows: As used in this act, the term "convenience business" means any place of business that is primarily engaged in the retail sale of groceries, or both groceries and gasoline, and that is open for business at any time between the hours of 11 p.m....

...The record is totally devoid of evidence concerning how many times within any one period this business was actually opened during the designated hours. As such, our review of this issue turns on whether a business that is only "sometimes" open after 11:00 p.m. can be considered a convenience business pursuant to section 812.171, Florida Statutes....

...lesser included offense of sale, manufacture, delivery or possession with the intent to sell, manufacture or deliver cocaine and for resentencing pursuant to appellant's corrected conviction. REVERSED. VAN NORTWICK and LEWIS, JJ., concur. NOTES [1] Section 812.171, Florida Statutes (2005), also contains exclusions not applicable to the issue discussed herein....

City of Pinellas Park Code of Ordinances. 3 Section 812.171, F.S., as amended by s. 2, Ch. 92-103, Laws

...provides child care for more than five children unrelated to the operator and which receives a payment, fee, or grant for any of the children receiving care. It does not matter if the child care facility is operated for profit or as a nonprofit operation. Convenience business. § 812.171, Fla....

...provides child care for more than five children unrelated to the operator and which receives a payment, fee, or grant for any of the children receiving care. It does not matter if the child care facility is operated for profit or as a nonprofit operation. Convenience business. § 812.171, Fla....

...A trial was held, and the jury returned a guilty verdict. The trial court subsequently reduced the conviction to possession of cannabis because the State failed to establish that the business where the offense took place was a “convenience business” as defined in section 812.171, Florida Statutes (1999)....