Florida Statute 893.10 | Lawyer Caselaw & Research

The 2024 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.

F.S. 893.10 on Google Scholar

F.S. 893.10 on Casetext

Amendments to 893.10

Arrestable Offenses / Crimes under Fla. Stat. 893.10

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 893.10.

Annotations, Discussions, Cases:

Cases Citing Statute 893.10

Total Results: 12

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

Court: Fla. | Date Filed: 2019-05-30T00:00:00-07:00

Citation: 272 So. 3d 243

Snippet: Like all affirmative defenses and pursuant to § 893.10(1), Fla. Stat., the burden of going forward with… defense is upon the defendant. Fla. Stats. 893.10(1), 893.13(6)(a), and 499.03(1) are silent, however

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

Court: Fla. | Date Filed: 2013-04-25T00:00:00-07:00

Citation: 141 So. 3d 132, 2012 WL 5869675

Snippet: Like all affirmative defenses and pursuant to § 893.10(1), Fla. Stai, the burden of going forward with… the defense is upon the defendant. Fla. Stats. 893.10(1), 89S.13(6)(a), and 199.03(1) are silent, however

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

Court: Fla. | Date Filed: 2013-04-18T00:00:00-07:00

Citation: 112 So. 3d 1211, 2013 WL 1664379

Snippet: did not amend section 893.10, which applies to all of chapter 893. Section 893.10 is entitled “Burden of…exception is upon the person claiming its benefit. § 893.10(1), Fla. Stat. (2012) (emphasis added). In contrast…burden of going forward,” as provided for in section 893.10, or addressed the jury instructions adopted in … jury instructions, given the fact that section 893.10(1) provides that the defendant has “the burden …although a majority of the Court upheld section 893.10(1) as facially constitutional, the reasoning of

State v. Holzbacher

Court: Fla. Dist. Ct. App. | Date Filed: 2007-02-15T23:53:00-08:00

Citation: 948 So. 2d 935

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

Shores of Indian River, Inc. v. Gart Urban Associates, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1985-12-04T00:00:00-08:00

Citation: 478 So. 2d 893, 10 Fla. L. Weekly 2671, 1985 Fla. App. LEXIS 17126

Snippet: Glickstein, Rosemary 4 December 1985 478 So. 2d 893, 10 Fla. L. Weekly 2671, 1985 Fla. App. LEXIS 17126

Rumlin v. Woodham

Court: Fla. Dist. Ct. App. | Date Filed: 1985-05-21T00:00:00-07:00

Citation: 469 So. 2d 893, 10 Fla. L. Weekly 1255, 1985 Fla. App. LEXIS 13977

Snippet: Mills, Smith, Thompson 21 May 1985 469 So. 2d 893, 10 Fla. L. Weekly 1255, 1985 Fla. App. LEXIS 13977

Northwest Florida Home Health Agency v. Merrill

Court: Fla. Dist. Ct. App. | Date Filed: 1985-05-21T00:00:00-07:00

Citation: 469 So. 2d 893, 10 Fla. L. Weekly 1257, 1985 Fla. App. LEXIS 13974

Snippet: Joanos, Thompson, Zehmer 21 May 1985 469 So. 2d 893, 10 Fla. L. Weekly 1257, 1985 Fla. App. LEXIS 13974

Purifoy v. State

Court: Fla. | Date Filed: 1978-05-18T00:53:00-07:00

Citation: 359 So. 2d 446

Snippet: issue was "immaterial" because Section 893.10(1), Florida Statutes (1975), expressly relieves…or exception" within the meaning of Section 893.10(1). The second is whether the state or a defendant…purview of Section 893.02(2). 1. Although Section 893.10(1) does not define precisely the types of "… exemptions and exceptions mentioned in Section 893.10(1) have reference to these various provisions of…crucial difference between an 893.02(2) exclusion and 893.10(1) exemption (or exception) is that one who claims

Wright v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1977-11-16T23:53:00-08:00

Citation: 351 So. 2d 1127

Snippet: burden of proof placed upon him pursuant to Sec. 893.10(1), Fla. Stat., to show that the 7.05 grams of

Purifoy v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1977-02-16T00:00:00-08:00

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

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

Gunn v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1976-08-27T00:53:00-07:00

Citation: 336 So. 2d 687

Snippet: To accomplish this the State relies upon Section 893.10(1), Florida Statutes (1973), which provides: "… of his professional practice ..." Under § 893.10 it would not be necessary for the State to prove

State Ex Rel. Buckwalter v. City of Lakeland

Court: Fla. | Date Filed: 1933-10-03T00:00:00-08:00

Citation: 150 So. 508, 112 Fla. 200

Snippet: 2d 385; Dillon on Munic. Corp. (5th ed.) Sec. 893; 10 R. C. L. 381; 38 C. J. 546-550; 21 C. J., subject