25.1 SALE OF A SUBSTANCE IN PLACE OF A CONTROLLED SUBSTANCE
§ 817.563, Fla. Stat.
To prove the crime of Sale of a Substance in Place of a Controlled Substance, the State must prove the following two elements beyond a reasonable doubt:
1.	(Defendant) without legal authority agreed, consented, or offered to sell (substance prohibited by § 893.03, Fla. Stat.).
2.	(Defendant) did sell a different substance in place of (substance prohibited by § 893.03, Fla. Stat.).
Definition
"Sell" means the actual transfer or delivery of something to another person in exchange for money or something of value.
Lesser Included Offenses
SALE OF SUBSTANCE IN PLACE OF A CONTROLLED SUBSTANCE — 817.563
CATEGORY ONE	CATEGORY TWO	FLA. STAT.	INS. NO.	
None				
	Attempt	777.04(1)	5.1	
Comment
This instruction was adopted in 1995.