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Florida Statute 893.10 | Lawyer Caselaw & Research
F.S. 893.10 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 893.10

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 893
DRUG ABUSE PREVENTION AND CONTROL
View Entire Chapter
F.S. 893.10
893.10 Burden of proof; photograph or video recording of evidence.
(1) It is not necessary for the state to negative any exemption or exception set forth in this chapter in any indictment, information, or other pleading or in any trial, hearing, or other proceeding under this chapter, and the burden of going forward with the evidence with respect to any exemption or exception is upon the person claiming its benefit.
(2) In the prosecution of an offense involving the manufacture of a controlled substance, a photograph or video recording of the manufacturing equipment used in committing the offense, including, but not limited to, grow lights, growing trays, and chemical fertilizers, may be introduced as competent evidence of the existence and use of the equipment and is admissible in the prosecution of the offense to the same extent as if the property were introduced as evidence.
(3) After a law enforcement agency documents the manufacturing equipment by photography or video recording, the manufacturing equipment may be destroyed on site and left in disrepair. The law enforcement agency destroying the equipment is immune from civil liability for the destruction of the equipment. The destruction of the equipment must be recorded by the supervising law enforcement officer in the manner described in s. 893.12(1)(a), and records must be maintained for 24 months.
History.s. 10, ch. 73-331; s. 1442, ch. 97-102; s. 3, ch. 2008-184; s. 19, ch. 2010-117.

F.S. 893.10 on Google Scholar

F.S. 893.10 on Casetext

Amendments to 893.10


Arrestable Offenses / Crimes under Fla. Stat. 893.10
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 893.10.



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 272 So. 3d 243 (Fla. 2019)

. . . Like all affirmative defenses and pursuant to § 893.10(1), Fla. . . . Stats. 893.10(1), 893.13(6)(a), and 499.03(1) are silent, however, as to the burden of persuasion for . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 141 So. 3d 132 (Fla. 2013)

. . . Like all affirmative defenses and pursuant to § 893.10(1), Fla. . . . Stats. 893.10(1), 89S.13(6)(a), and 199.03(1) are silent, however, as to the burden of persuasion for . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- INSTRUCTIONS, 112 So. 3d 1211 (Fla. 2013)

. . . At the same time, the Legislature did not amend section 893.10, which applies to all of chapter 893. . . . Section 893.10 is entitled “Burden of Proof; photograph or video recording of evidence” and provides . . . the evidence with respect to any exemption or exception is upon the person claiming its benefit. § 893.10 . . . appellate courts have not expressly interpreted the “burden of going forward,” as provided for in section 893.10 . . . Those cases seem to support the jury instructions, given the fact that section 893.10(1) provides that . . . Section 893.10(1), Florida Statutes (2012), provides: It is not necessary for the state to negative any . . . Still, the plain language of section 893.10(1) — without judicial interpretation — does not resolve with . . . State, 226 So.2d 399, 400 (Fla.1969), but the current statute, section 893.10, states that the “burden . . . Without explicitly citing to section 893.10, one district court of appeal has observed, in dicta, that . . . No Florida appellate court has addressed the effect of section 893.10(1) in the specific context of the . . .

STATE v. HOLZBACHER,, 948 So. 2d 935 (Fla. Dist. Ct. App. 2007)

. . . State, 336 So.2d 687 (Fla. 4th DCA 1976) (noting by way of example that under section 893.10, if a defendant . . .

RIENHARDT, v. KELLY, 164 F.3d 1296 (10th Cir. 1999)

. . . The clerk of court denied $893.10 of Mr. . . .

PURIFOY, v. STATE, 359 So. 2d 446 (Fla. 1978)

. . . stems are not “mature stalks”, it held that the definitional issue was “immaterial” because Section 893.10 . . . Although Section 893.10(1) does not define precisely the types of “exemption or exception” to which it . . . It seems apparent that the exemptions and exceptions mentioned in Section 893.10(1) have reference to . . . The crucial difference between an 893.02(2) exclusion and 893.10(1) exemption (or exception) is that . . . In other words, Section 893.10(1) provides an excuse for what would otherwise be criminal conduct, and . . .

WRIGHT, v. STATE, 351 So. 2d 1127 (Fla. Dist. Ct. App. 1977)

. . . which it was held that Purifoy failed to meet the burden of proof placed upon him pursuant to Sec. 893.10 . . .

PURIFOY, v. STATE, 342 So. 2d 560 (Fla. Dist. Ct. App. 1977)

. . . Section 893.10(1), Florida Statutes (1975), expressly provides that it is not necessary for the State . . .

GUNN, v. STATE, 336 So. 2d 687 (Fla. Dist. Ct. App. 1976)

. . . To accomplish this the State relies upon Section 893.10(1), Florida Stat-. utes (1973), which provides . . . prescription or order of a practitioner while acting in the course of his professional practice . . ” Under § 893.10 . . .

BLASK, v. Le W. SOWL,, 309 F. Supp. 909 (W.D. Wis. 1967)

. . . Under Section 330.10, Wis.Stat.1961 (now Section 893.10, Wis.Stat. 1965), an adverse possession of ten . . .

PENNSYLVANIA R. CO. v. UNITED STATES, 42 F.2d 600 (Ct. Cl. 1930)

. . . 46919, dated October 12,1922, disallowed the sum of $1,626.25 and paid plaintiff thereon in the sum of $893.10 . . .

WIGGINS v. MAYER, 22 F.2d 869 (D.C. Cir. 1927)

. . . Columbia were fully paid, and there remained in the hands of the ancillary administrator the sum of $893.10 . . .