Florida Statutes

Fla. Stat. § 893.105 (2025)

Testing and destruction of seized substances.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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893.105 Testing and destruction of seized substances.
(1) Any controlled substance or listed chemical seized as evidence may be sample tested and weighed by the seizing agency after the seizure. Any such sample and the analysis thereof shall be admissible into evidence in any civil or criminal action for the purpose of proving the nature, composition, and weight of the substance seized. In addition, the seizing agency may photograph or videotape, for use at trial, the controlled substance or listed chemical seized.
(2) Controlled substances or listed chemicals that are not retained for sample testing as provided in subsection (1) may be destroyed pursuant to a court order issued in accordance with s. 893.12.
History.s. 1, ch. 82-88; s. 3, ch. 91-279.
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1982–2025 · leading case: Richards v. State, 37 So. 3d 925 (Fla. 4th DCA 2010).
Richards v. State, 37 So. 3d 925 (Fla. 4th DCA 2010). · cites it 15× “It is obvious that § 893.105 does not necessarily require testing the entire amount seized; instead police may "sample" test such substances.”
G. E. G. v. State, 417 So. 2d 975 (Fla. 1982). · cites it 2× “Section 893.105, Florida Statutes, is created to read: 893.”
GEG v. State, 417 So. 2d 975 (Fla. 1982). · cites it 2× “Section 893.105, Florida Statutes, is created to read: 893.”
Campbell v. State of Florida (Fla. 2d DCA 2025). “See § 893.105(1) (providing for sample testing of controlled substances).”
— 893.105(1) — 2 cases
Richards v. State, 37 So. 3d 925 (Fla. 4th DCA 2010). “It is obvious that § 893.105 does not necessarily require testing the entire amount seized; instead police may "sample" test such substances.”
Campbell v. State of Florida (Fla. 2d DCA 2025). “See § 893.105(1) (providing for sample testing of controlled substances).”
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This Florida statute resource is curated by a Jacksonville criminal defense attorney, 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.