Florida Statute 893.10 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 893
DRUG ABUSE PREVENTION AND CONTROL

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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.

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Amendments to 893.10

Annotations, Discussions, Cases:

Cases Citing Statute 893.10

Total Results: 7

Purifoy v. State

359 So. 2d 446

Supreme Court of Florida | Filed: May 18, 1978 | Docket: 1418430

Cited 17 times | Published

definitional issue was "immaterial" because Section 893.10(1), Florida Statutes (1975), expressly relieves

Gunn v. State

336 So. 2d 687

District Court of Appeal of Florida | Filed: Aug 27, 1976 | Docket: 1378597

Cited 4 times | Published

misdemeanor. To accomplish this the State relies upon Section 893.10(1), Florida Statutes (1973), which provides:

State v. Holzbacher

948 So. 2d 935, 2007 WL 486607

District Court of Appeal of Florida | Filed: Feb 16, 2007 | Docket: 1764078

Cited 3 times | Published

1976) (noting by way of example that under section 893.10, if a defendant relied upon having a valid

In re Standard Jury Instructions in Criminal Cases-Report No. 2011-05

141 So. 3d 132, 2012 WL 5869675

Supreme Court of Florida | Filed: Apr 25, 2013 | Docket: 60241808

Cited 2 times | Published

Like all affirmative defenses and pursuant to § 893.10(1), Fla. Stai, the burden of going forward with

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-12.

272 So. 3d 243

Supreme Court of Florida | Filed: May 30, 2019 | Docket: 15696547

Published

Like all affirmative defenses and pursuant to § 893.10(1), Fla. Stat., the burden of going forward with

In re Standard Jury Instructions in Criminal Cases-Instructions 25.9-25.13

112 So. 3d 1211, 2013 WL 1664379

Supreme Court of Florida | Filed: Apr 18, 2013 | Docket: 60230991

Published

Legislature did not amend section 893.10, which applies to all of chapter 893. Section 893.10 is entitled “Burden

Purifoy v. State

342 So. 2d 560, 1977 Fla. App. LEXIS 15314

District Court of Appeal of Florida | Filed: Feb 16, 1977 | Docket: 64557118

Published

expert’s definition, it is immaterial here. Section 893.10(1), Florida Statutes (1975), expressly provides