Florida Statute 893.09 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 893
DRUG ABUSE PREVENTION AND CONTROL

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F.S. 893.09

893.09 Enforcement.—

(1) The Department of Law Enforcement, all state agencies which regulate professions or institutions affected by the provisions of this chapter, and all peace officers of the state shall enforce all provisions of this chapter except those specifically delegated, and shall cooperate with all agencies charged with the enforcement of the laws of the United States, this state, and all other states relating to controlled substances.

(2) Any agency authorized to enforce this chapter shall have the right to institute an action in its own name to enjoin the violation of any of the provisions of this chapter. Said action for an injunction shall be in addition to any other action, proceeding, or remedy authorized by law.

(3) All law enforcement officers whose duty it is to enforce this chapter shall have authority to administer oaths in connection with their official duties, and any person making a material false statement under oath before such law enforcement officers shall be deemed guilty of perjury and subject to the same punishment as prescribed for perjury.

(4) It shall be unlawful and punishable as provided in chapter 843 for any person to interfere with any such law enforcement officer in the performance of the officer’s official duties. It shall also be unlawful for any person falsely to represent himself or herself to be authorized to enforce the drug abuse laws of this state, the United States, or any other state.

(5) No civil or criminal liability shall be imposed by virtue of this chapter upon any person whose duty it is to enforce the provisions of this chapter, by reason of his or her being lawfully engaged in the enforcement of any law or municipal ordinance relating to controlled substances.

History.—s. 9, ch. 73-331; s. 1, ch. 77-174; s. 30, ch. 79-8; s. 1441, ch. 97-102.

F.S. 893.09 on Google Scholar

F.S. 893.09 on Casetext

Amendments to 893.09

Arrestable Offenses / Crimes under Fla. Stat. 893.09

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

S893.09 3 - PERJURY - MAKE FALSE STATEMENT UNDER OATH TO LEO - F: T

S893.09 4 - FRAUD-IMPERSON - FALSELY REP AUTHORITY TO ENFORCE DRUG LAW - F: T

S893.09 4 - RESIST OFFICER - INTERFERE W LEO W VIOLENCE - F: T

S893.09 4 - RESIST OFFICER - INTERFERE W LEO WO VIOLENCE - M: F

S893.09 4 - FRAUD-IMPERSON - AUTH TO ENFORCE DRUG LAW WHILE COMMIT FELONY - F: S

S893.09 4 - FRAUD-IMPERSON - AUTH TO ENFORCE DRUG LAW CAUSE DEATH INJURY - F: F

Annotations, Discussions, Cases:

Cases Citing Statute 893.09

Total Results: 10

State v. Gordon

Court: Fla. Dist. Ct. App. | Date Filed: 2005-12-12T00:00:00-08:00

Citation: 920 So. 2d 42, 2005 Fla. App. LEXIS 19544, 2005 WL 3357706

Snippet: section (formerly numbered 893.13(4)(b)5) and section 893.09(5) (immunizing officers enforcing Chapter 893 from

Newmans v. State, Div. of Retirement

Court: Fla. Dist. Ct. App. | Date Filed: 1997-09-18T00:00:00-07:00

Citation: 701 So. 2d 573, 1997 WL 574613

Snippet: Statutes Chapter 893. Florida Statutes Section 893.09 required NEWMANS, as duly elected Sheriff of Baker…illegal drug activities in Baker County. Section 893.09(1), Florida Statutes (1991), a provision in the

Duke v. State

Court: Fla. | Date Filed: 1984-09-27T00:00:00-07:00

Citation: 456 So. 2d 893, 9 Fla. L. Weekly 428, 1984 Fla. LEXIS 3428

Snippet: McDonald, Overton, Shaw 27 September 1984 456 So. 2d 893, 9 Fla. L. Weekly 428, 1984 Fla. LEXIS 3428 Carl

Florida Bar v. Saphirstein

Court: Fla. | Date Filed: 1984-09-27T00:00:00-07:00

Citation: 456 So. 2d 893, 9 Fla. L. Weekly 428, 1984 Fla. LEXIS 3425

Snippet: McDonald, Overton 27 September 1984 456 So. 2d 893, 9 Fla. L. Weekly 428, 1984 Fla. LEXIS 3425 John

State v. Bass

Court: Fla. Dist. Ct. App. | Date Filed: 1984-06-13T00:53:00-07:00

Citation: 451 So. 2d 986

Snippet: quot; deliveries of controlled substances. Section 893.09(5), Florida Statutes (1981), relieves law enforcement

State v. Glosson

Court: Fla. Dist. Ct. App. | Date Filed: 1983-12-12T23:53:00-08:00

Citation: 441 So. 2d 1178

Snippet: agent Weaver's conduct is protected by F.S. 893.09(5) we need not determine. Clearly each of the defendants

Cushing v. DEPT. OF PROF. REG., ETC.

Court: Fla. Dist. Ct. App. | Date Filed: 1982-07-06T00:53:00-07:00

Citation: 416 So. 2d 1197

Snippet: Professional Regulation pursuant to Secs. 465.017, 893.09(1) and 893.07(4), Fla. Stat. (1979) revealed several

Cushing v. Department of Professional Regulation, Board of Dentistry

Court: Fla. Dist. Ct. App. | Date Filed: 1982-07-06T00:00:00-07:00

Citation: 416 So. 2d 1197, 1982 Fla. App. LEXIS 20533

Snippet: Professional Regulation pursuant to Sees. 465.017, 893.09(1) and 893.-07(4), Fla.Stat. (1979) revealed several

Lawrence v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1978-03-15T00:00:00-08:00

Citation: 357 So. 2d 424, 1978 Fla. App. LEXIS 15712

Snippet: not agent Weaver’s conduct is protected by F.S. 893.09(5) we need not determine. Clearly each of the defendants

Ago

Court: Fla. Att'y Gen. | Date Filed: 1974-12-03T23:53:00-08:00

Snippet: oath by a law enforcement officer, pursuant to s. 893.09(3), F. S., and who make material false statements…oath by a law enforcement officer, pursuant to s. 893.09(3), and who make material false statements while…publics, s. 90.01, F.S. Prior to the enactment of s.893.09(3), F.S., essentially the same provisions as are…of an authorization such as that contained in s. 893.09(3), F.S., the wide authorization to take oaths … and the explicit authorization contained in s. 893.09(3), it is my opinion that your first question must