Florida Statute 893.09 - Full Text and Legal Analysis

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.

Arrestable Offenses under F.S. 893.09
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd
§893.09(3)PERJURYMAKE FALSE STATEMENT UNDER OATH TO LEOF · 3rd
§893.09(4)FRAUD-IMPERSONAUTH TO ENFORCE DRUG LAW CAUSE DEATH INJURYF · 1st
§893.09(4)FRAUD-IMPERSONAUTH TO ENFORCE DRUG LAW WHILE COMMIT FELONYF · 2nd
§893.09(4)RESIST OFFICERINTERFERE W LEO W/O VIOLENCEM · 1st
§893.09(4)RESIST OFFICERINTERFERE W LEO W VIOLENCEF · 3rd
§893.09(4)FRAUD-IMPERSONFALSELY REP AUTHORITY TO ENFORCE DRUG LAWF · 3rd
Cases Citing F.S. 893.09

Fla. Stat. § 893.09 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·State v. Glosson, 441 So. 2d 1178 (Fla. 1st DCA 1983).
Cited 9 times | Published | Florida 1st District Court of Appeal
...use of prosecutorial discretion and violations of due process and equal protection." In affirming, we stated: It is important to note that appellants do not rely upon the defense of entrapment. Whether or not agent Weaver's conduct is protected by F.S. 893.09(5) we need not determine....
0 red1 yellow2 green0 procedural
DistinguishedOwen (1983)
phrase: "distinguishing"
Approved(citing case) (1986)
phrase: "approved by"
Cited as authority(citing case) (1985)
phrase: "rule_authority"
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·Newmans v. State, Div. of Ret., 701 So. 2d 573 (Fla. 1st DCA 1997).
Cited 6 times | Published | Florida 1st District Court of Appeal | 1997 WL 574613
...As the Sheriff of Baker County, NEWMANS was required by state law to enforce the laws of the State of Florida, *575 including all provisions of the Comprehensive Drug Abuse Prevention and Control Act, Florida Statutes Chapter 893. Florida Statutes Section 893.09 required NEWMANS, as duly elected Sheriff of Baker County, to enforce all provisions of Florida Statutes Chapter 893, including the provision making it unlawful to sell, purchase, manufacture, or deliver, or possess with intent to sell, purchase, manufacture, or deliver, a controlled substance....
...He was trying to keep Harrell from communicating what he knew about appellant's participation in the underlying marijuana conspiracy to law enforcement. Appellant admitted that he came to a mutual understanding with others to try to obstruct the federal grand jury investigation of illegal drug activities in Baker County. Section 893.09(1), Florida Statutes (1991), a provision in the Florida Comprehensive Drug Abuse Prevention and Control Act which was referred to in Count V of the federal indictment, provides: (1) The Department of Law Enforcement, all state agencies...
0 red0 yellow2 green0 procedural
Cited as authority(citing case) (2024)
phrase: "rule_authority"
Cited as authorityRivera (2016)
phrase: "rule_authority"
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·State v. Bass, 451 So. 2d 986 (Fla. 2d DCA 1984).
Cited 6 times | Published | Florida 2nd District Court of Appeal
...The court also referred to the fact that the marijuana used by the Tampa police had previously been the subject of a federal magistrate's order to destroy it. We are not aware of the need for specific statutory authority for the police to engage in "reverse-sting" deliveries of controlled substances. Section 893.09(5), Florida Statutes (1981), relieves law enforcement officers from civil or criminal liability as a result of lawful engagement in the enforcement of the laws relating to controlled substances....
0 red0 yellow1 green0 procedural
Cited as authority(citing case) (1993)
phrase: "rule_authority"
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·Lawrence v. State, 357 So. 2d 424 (Fla. Dist. Ct. App. 1978).
Published | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 15712
...By their motion to dismiss the defendants urged unconscionable misconduct, abuse of prosecutorial discretion and violations of due process and equal protection. It is important to note that appellants do not rely upon the defense of entrapment. Whether or not agent Weaver’s conduct is protected by F.S. 893.09(5) we need not determine....
0 red0 yellow1 green1 procedural
Cited as authorityGlosson (1983)
phrase: "rule_authority"
Cert. deniedMarshall (1984)
phrase: "cert. denied"
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State v. Gordon, 920 So. 2d 42 (Fla. 1st DCA 2005).
Published | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 19544, 2005 WL 3357706
...893.03 and then sell to such person any other substance in lieu of such controlled substance.” See State v. Bussey, 463 So.2d 1141 (Fla.1985). Section 817.563 was not effective at the time Manucy was decided. Ch. 81-53, § 1, at 116, Laws of Fla. . While this section (formerly numbered 893.13(4)(b)5) and section 893.09(5) (immunizing officers enforcing Chapter 893 from prosecution for crimes defined in the chapter) were in effect at the time of Manucy , neither was addressed by the Manucy court.
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Raulerson v. State of Florida (Fla. 1st DCA 2025).
Published | Florida 1st District Court of Appeal
...Stat (detailing when a warrantless arrest by a law enforcement officer is lawful, but not mentioning an out-of- jurisdiction arrest as being unlawful); § 901.25(2), Fla. Stat. (authorizing arrests “outside the officer’s jurisdiction when” pursuing someone he suspects to have committed a felony); cf. § 893.09(1), Fla....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida criminal defense attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 893 matters in the context of drug possession and trafficking defense and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.

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Arrestable Offenses under F.S. 893.09

Cases Citing F.S. 893.09

·State v. Glosson, 441 So. 2d 1178 (Fla. 1st DCA 1983).

·Newmans v. State, Div. of Ret., 701 So. 2d 573 (Fla. 1st DCA 1997).

·State v. Bass, 451 So. 2d 986 (Fla. 2d DCA 1984).

·Lawrence v. State, 357 So. 2d 424 (Fla. Dist. Ct. App. 1978).

State v. Gordon, 920 So. 2d 42 (Fla. 1st DCA 2005).

Raulerson v. State of Florida (Fla. 1st DCA 2025).