The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 893
DRUG ABUSE PREVENTION AND CONTROL

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F.S. 893.12

893.12 Contraband; seizure, forfeiture, sale.—

(1) All substances controlled by this chapter and all listed chemicals, which substances or chemicals are handled, delivered, possessed, or distributed contrary to any provisions of this chapter, and all such controlled substances or listed chemicals the lawful possession of which is not established or the title to which cannot be ascertained, are declared to be contraband, are subject to seizure and confiscation by any person whose duty it is to enforce the provisions of the chapter, and shall be disposed of as follows:

(a) Except as in this section otherwise provided, the court having jurisdiction shall order such controlled substances or listed chemicals forfeited and destroyed. A record of the place where said controlled substances or listed chemicals were seized, of the kinds and quantities of controlled substances or listed chemicals destroyed, and of the time, place, and manner of destruction shall be kept, and a return under oath reporting said destruction shall be made to the court by the officer who destroys them.

(b) Upon written application by the Department of Health, the court by whom the forfeiture of such controlled substances or listed chemicals has been decreed may order the delivery of any of them to said department for distribution or destruction as hereinafter provided.

(c) Upon application by any hospital or laboratory within the state not operated for private gain, the department may, in its discretion, deliver any controlled substances or listed chemicals that have come into its custody by authority of this section to the applicant for medical use. The department may from time to time deliver excess stocks of such controlled substances or listed chemicals to the United States Drug Enforcement Administration or destroy same.

(d) The department shall keep a full and complete record of all controlled substances or listed chemicals received and of all controlled substances or listed chemicals disposed of, showing:

1. The exact kinds, quantities, and forms of such controlled substances or listed chemicals;

2. The persons from whom received and to whom delivered;

3. By whose authority received, delivered, and destroyed; and

4. The dates of the receipt, disposal, or destruction,

which record shall be open to inspection by all persons charged with the enforcement of federal and state drug abuse laws.

(2)(a) Any vessel, vehicle, aircraft, or drug paraphernalia as defined in s. 893.145 which has been or is being used in violation of any provision of this chapter or in, upon, or by means of which any violation of this chapter has taken or is taking place may be seized and forfeited as provided by the Florida Contraband Forfeiture Act.

(b) All real property, including any right, title, leasehold interest, and other interest in the whole of any lot or tract of land and any appurtenances or improvements, which real property is used, or intended to be used, in any manner or part, to commit or to facilitate the commission of, or which real property is acquired with proceeds obtained as a result of, a violation of any provision of this chapter related to a controlled substance described in s. 893.03(1) or (2) may be seized and forfeited as provided by the Florida Contraband Forfeiture Act except that no property shall be forfeited under this paragraph to the extent of an interest of an owner or lienholder by reason of any act or omission established by that owner or lienholder to have been committed or omitted without the knowledge or consent of that owner or lienholder.

(c) All moneys, negotiable instruments, securities, and other things of value furnished or intended to be furnished by any person in exchange for a controlled substance described in s. 893.03(1) or (2) or a listed chemical in violation of any provision of this chapter, all proceeds traceable to such an exchange, and all moneys, negotiable instruments, and securities used or intended to be used to facilitate any violation of any provision of this chapter or which are acquired with proceeds obtained in violation of any provision of this chapter may be seized and forfeited as provided by the Florida Contraband Forfeiture Act, except that no property shall be forfeited under this paragraph to the extent of an interest of an owner or lienholder by reason of any act or omission established by that owner or lienholder to have been committed or omitted without the knowledge or consent of that owner or lienholder.

(d) All books, records, and research, including formulas, microfilm, tapes, and data which are used, or intended for use, or which are acquired with proceeds obtained, in violation of any provision of this chapter related to a controlled substance described in s. 893.03(1) or (2) or a listed chemical may be seized and forfeited as provided by the Florida Contraband Forfeiture Act.

(e) If any of the property described in this subsection:

1. Cannot be located;

2. Has been transferred to, sold to, or deposited with, a third party;

3. Has been placed beyond the jurisdiction of the court;

4. Has been substantially diminished in value by any act or omission of the defendant; or

5. Has been commingled with any property which cannot be divided without difficulty,

the court shall order the forfeiture of any other property of the defendant up to the value of any property subject to forfeiture under this subsection.

(3) Any law enforcement agency is empowered to authorize or designate officers, agents, or other persons to carry out the seizure provisions of this section. It shall be the duty of any officer, agent, or other person so authorized or designated, or authorized by law, whenever she or he shall discover any vessel, vehicle, aircraft, real property or interest in real property, money, negotiable instrument, security, book, record, or research which has been or is being used or intended to be used, or which is acquired with proceeds obtained, in violation of any of the provisions of this chapter, or in, upon, or by means of which any violation of this chapter has taken or is taking place, to seize such vessel, vehicle, aircraft, real property or interest in real property, money, negotiable instrument, security, book, record, or research and place it in the custody of such person as may be authorized or designated for that purpose by the respective law enforcement agency pursuant to these provisions.

(4) The rights of any bona fide holder of a duly recorded mortgage or duly recorded vendor’s privilege on the property seized under this chapter shall not be affected by the seizure.

History.—s. 12, ch. 73-331; ss. 10, 11, ch. 74-385; s. 471, ch. 77-147; s. 185, ch. 79-164; s. 4, ch. 80-30; s. 9, ch. 80-68; s. 5, ch. 89-148; s. 4, ch. 91-279; s. 1444, ch. 97-102; s. 1, ch. 98-395; s. 303, ch. 99-8; s. 13, ch. 99-186; s. 21, ch. 2000-320; s. 17, ch. 2004-11; s. 12, ch. 2015-34; ss. 33, 48, ch. 2016-105.

F.S. 893.12 on Google Scholar

F.S. 893.12 on Casetext

Amendments to 893.12

Arrestable Offenses / Crimes under Fla. Stat. 893.12

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 893.12.

Annotations, Discussions, Cases:

Cases from cite.case.law:

In AMENDMENTS TO FLORIDA PROBATE RULES, 181 So. 3d 480 (Fla. 2015)

. . . Statutory References § 893.12, Fla. Stat. . . .

G. AGRESTA, v. CITY OF MAITLAND,, 159 So. 3d 876 (Fla. Dist. Ct. App. 2015)

. . . See §§ 893.12(2)(b); 932.701(2)(a)6., Fla. Stat. (2008). . . .

GORDON, v. STATE, 139 So. 3d 958 (Fla. Dist. Ct. App. 2014)

. . . Second, there is forfeiture pursuant to section 893.12. . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 986 So. 2d 576 (Fla. 2008)

. . . All hearings under chapter 744 and under section 893.12, Florida Statutes, shall be open unless the alleged . . .

In R. PETERSEN, a k a R. v. R. a k a R., 296 B.R. 766 (Bankr. C.D. Ill. 2003)

. . . 98 Rolling Pin 207.10 X 1998 The Art Place 391.43 X 1998 Best Buy 274.23 X 1998 Electronics Boutique 893.12 . . .

BROWN, v. STATE, 739 So. 2d 745 (Fla. Dist. Ct. App. 1999)

. . . Appellant challenges his conviction for delivery of cocaine pursuant to sections 893.03(2)(a)4. and 893.12 . . .

FLEARY, v. IMMIGRATION AND NATURALIZATION SERVICE,, 950 F.2d 711 (11th Cir. 1992)

. . . sentenced for the felony charge of possession of cocaine, a controlled substance, in violation of Section 893.12 . . .

STATE v. JENKINS,, 584 So. 2d 127 (Fla. Dist. Ct. App. 1991)

. . . sting has been the site of numerous reverse stings ever since the 1,000 foot schoolyard statute, F.S. 893.12 . . .

STATE v. LIATAUD,, 587 So. 2d 1155 (Fla. Dist. Ct. App. 1991)

. . . sting has been the site of numerous reverse stings ever since the 1,000 foot school-yard statute, F.S. 893.12 . . .

MELTON, Jr. v. STATE, 546 So. 2d 444 (Fla. Dist. Ct. App. 1989)

. . . section is erroneously referred to in the judgment as “893.13(l)(e)”; and in the commitment order as “893.12 . . .

STATE v. BOWDEN,, 538 So. 2d 83 (Fla. Dist. Ct. App. 1989)

. . . . § 893.12, Fla.Stat. (1987). . . .

CALHOUN, s v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 500 So. 2d 674 (Fla. Dist. Ct. App. 1987)

. . . preparation of the plant, its seeds or resin, in an amount greater than five grams, in violation of 893.12 . . .

STATE OF FLORIDA, DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO v. CLUB INC., 7 Fla. Supp. 2d 176 (Fla. Div. Admin. Hearings 1984)

. . . a place which is used for keeping or selling controlled substances in violation of Florida Statutes 893.12 . . .

J. FORLAW, M. D. v. FITZER,, 456 So. 2d 432 (Fla. 1984)

. . . facts alleged in the complaint would support the conclusion that the defendant violated a law, section 893.12 . . .

STATE v. ALBURY,, 453 So. 2d 461 (Fla. Dist. Ct. App. 1984)

. . . operation was transferred to them by the Fort Lauderdale police department in violation of section 893.12 . . . was used as evidence in another criminal prosecution, but never disposed of as required by section 893.12 . . . We need not decide whether a section 893.12(1) violation exists to resolve this appeal because we find . . .

In FORFEITURE OF A DATSUN AUTOMOBILE, VIN, 448 So. 2d 78 (Fla. Dist. Ct. App. 1984)

. . . Section 893.12(2), Florida Statutes (1979), provided: (2) Any vessel, vehicle, or aircraft which has . . .

STOIANOFF d b a v. STATE OF MONTANA,, 695 F.2d 1214 (9th Cir. 1983)

. . . Supp.1982)); Delaware (Del.Code Ann. tit. 16, §§ 4701(13) and 4771-75 (Supp.1980)); Florida (Fla.Stat. 893.12 . . .

G. E. G. a v. STATE, 417 So. 2d 975 (Fla. 1982)

. . . provided in subsection (1) may be destroyed pursuant to a court order issued in accordance with s. 893.12 . . .

HOOVER, v. STATE EAGAN, A L., 409 So. 2d 123 (Fla. Dist. Ct. App. 1982)

. . . .-44 was originally contained in section 893.12, Florida Statutes (1975). . . .

FLORIDA BUSINESSMEN FOR FREE ENTERPRISE, a a Co. a v. STATE OF FLORIDA, a a, 499 F. Supp. 346 (N.D. Fla. 1980)

. . . prohibiting the possession, manufacture, delivery, or advertisement of drug paraphernalia; amending s. 893.12 . . . Subsection (2) of section 893.-12, Florida Statutes, is amended to read: 893.12 Contraband; seizure, . . . 80-30, Laws of Florida (1980), and soon to be codified as Sections 893.145, 893.-146, 893.147, and 893.12 . . .

STATE v. ADAMS, 378 So. 2d 72 (Fla. Dist. Ct. App. 1979)

. . . ARNOLD ADAMS and LINDA HARRIS, were arrested on June 12, 1978, and charged with violation of Statute 893.12 . . .

GRIFFIS, III, v. STATE, 356 So. 2d 297 (Fla. 1978)

. . . Subsequently, pursuant to Sections 943.44 and 893.12, Florida Statutes (1975), the State instituted proceedings . . . language of Sections 943.41 through 943.44, Florida Statutes (1975), was originally contained in Section 893.12 . . . In 1974, the Legislature enacted Chapter 74-385, § 1, Laws of Florida, excising from Section 893.12, . . .

SOSA, v. STATE, 341 So. 2d 1078 (Fla. Dist. Ct. App. 1977)

. . . Having heard argument thereon, having reviewed Sections 893.12(1) and .02(3) and 943.41, Florida Statutes . . . But see §§ 893.12(2) and 943.43, Fla.Stat. (1975). . . .

In PORSCHE DR. FLORIDA LICENSE TAG ID VIN, 307 So. 2d 451 (Fla. Dist. Ct. App. 1975)

. . . . § 893.12(2) and (5), F.S.A. . . . furtherance of an illegal drug “operation,” even though a strict reading of the language contained in Section 893.12 . . .

G. GRIMM, v. STATE, 305 So. 2d 252 (Fla. Dist. Ct. App. 1974)

. . . Appellant forfeited his $4,000.00 1974 Fiat, after a hearing in accordance with a new statute, § 893.12 . . .

In G. RINALDI,, 246 F. Supp. 291 (D.N.J. 1965)

. . . The claim of the United States of America for unpaid income taxes in the amount of $893.12, based upon . . . dividend on the Coppola claims has been replaced by authorization of a payment to the Coppolas of $893.12 . . .

D. B. D. v., 7 B.T.A. 1033 (B.T.A. 1927)

. . . valued them as follows: Stocks and bonds-$741, 846.85 Personal effects_ 2, 022. 50 Gash in bank- 9, 893.12 . . .