Florida Statute 92.351 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VII
EVIDENCE

Chapter 92
WITNESSES, RECORDS, AND DOCUMENTS

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F.S. 92.351

92.351 Prohibition against prisoners submitting nondocumentary physical evidence without authorization of court; prisoner mailings to courts.—

(1) No prisoner as defined by s. 57.085 who is a party to a judicial proceeding may submit evidence or any other item that is not in paper document form to a court or clerk of court without first obtaining authorization from the court. This prohibition includes, but is not limited to, all nondocumentary evidence or items offered in support of a motion, pleading, or other document filed with the court. This prohibition does not preclude a prisoner who is appearing in person or through counsel before a court at a trial or hearing from submitting physical evidence to the court at the appropriate time.

(2) A corrections or detention facility for prisoners may conduct a cursory examination of the outside of any package or other mailing from a prisoner to a court or clerk of court of this state to determine whether the package or mailing contains materials other than paper documents. If such package or mailing appears to contain materials other than paper documents, the facility shall refuse to forward it until the sender presents a court order authorizing the mailing of such nondocumentary items or demonstrates that the contents are not prohibited by this section.

History.—s. 3, ch. 96-106.

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Amendments to 92.351

Arrestable Offenses / Crimes under Fla. Stat. 92.351

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 92.351.

Annotations, Discussions, Cases:

Cases Citing Statute 92.351

Total Results: 5

Smith v. Fisher

Court: District Court of Appeal of Florida | Date Filed: 2007-09-05

Citation: 965 So. 2d 205, 2007 WL 2480999

Snippet: 96-106, Laws of Fla. codified at §§ 57.081, 57.085, 92.351, 95.11, 944.279, and 944.28, Fla. Stat. (2000))

Munoz v. State

Court: District Court of Appeal of Florida | Date Filed: 2006-07-28

Citation: 937 So. 2d 686, 2006 WL 2088271

Snippet: 1, 1993, to the definitional provision, see ch. 92-351, § 1, Laws of Fla. The latter addition to the statute

K.D. v. State

Court: District Court of Appeal of Florida | Date Filed: 1993-08-20

Citation: 622 So. 2d 636, 1993 Fla. App. LEXIS 8649, 1993 WL 315985

Snippet: PER CURIAM. AFFIRMED. See Bull v. State, 548 So.2d 1103 (Fla.1989). HARRIS, C.J., and DAUKSCH and COBB, JJ., concur.

In Re McGregor

Court: Supreme Court of Florida | Date Filed: 1993-03-04

Citation: 614 So. 2d 1089, 1993 WL 54460

Snippet: Concerning a Judge re: McGREGOR, Robert B., No. 92-351. No. 80994. Supreme Court of Florida. March 4,

State v. Jones

Court: District Court of Appeal of Florida | Date Filed: 1992-08-04

Citation: 602 So. 2d 991, 1992 Fla. App. LEXIS 8829, 1992 WL 183982

Snippet: PER CURIAM. The State appeals a non-final order granting defendant Gus Jones’ motion to suppress evidence. We conclude that defendant had a reasonable expectation of privacy in the bag containing his personal belongings; that the display of the contents of the bag cannot be deemed purely private action in this instance, see 1 W. LaFave, Search & Seizure § 1.8(b) (1987); and that there was no applicable exception to the warrant requirement, merit in the cross-appeal. We find no Affirmed.