Florida Statute 893.12 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 893
DRUG ABUSE PREVENTION AND CONTROL

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F.S. 893.12

893.12 Contraband; seizure, forfeiture, sale.—

(1) All substances controlled by this chapter and all listed chemicals, which substances or chemicals are handled, delivered, possessed, or distributed contrary to any provisions of this chapter, and all such controlled substances or listed chemicals the lawful possession of which is not established or the title to which cannot be ascertained, are declared to be contraband, are subject to seizure and confiscation by any person whose duty it is to enforce the provisions of the chapter, and shall be disposed of as follows:

(a) Except as in this section otherwise provided, the court having jurisdiction shall order such controlled substances or listed chemicals forfeited and destroyed. A record of the place where said controlled substances or listed chemicals were seized, of the kinds and quantities of controlled substances or listed chemicals destroyed, and of the time, place, and manner of destruction shall be kept, and a return under oath reporting said destruction shall be made to the court by the officer who destroys them.

(b) Upon written application by the Department of Health, the court by whom the forfeiture of such controlled substances or listed chemicals has been decreed may order the delivery of any of them to said department for distribution or destruction as hereinafter provided.

(c) Upon application by any hospital or laboratory within the state not operated for private gain, the department may, in its discretion, deliver any controlled substances or listed chemicals that have come into its custody by authority of this section to the applicant for medical use. The department may from time to time deliver excess stocks of such controlled substances or listed chemicals to the United States Drug Enforcement Administration or destroy same.

(d) The department shall keep a full and complete record of all controlled substances or listed chemicals received and of all controlled substances or listed chemicals disposed of, showing:

1. The exact kinds, quantities, and forms of such controlled substances or listed chemicals;

2. The persons from whom received and to whom delivered;

3. By whose authority received, delivered, and destroyed; and

4. The dates of the receipt, disposal, or destruction,

which record shall be open to inspection by all persons charged with the enforcement of federal and state drug abuse laws.

(2)(a) Any vessel, vehicle, aircraft, or drug paraphernalia as defined in s. 893.145 which has been or is being used in violation of any provision of this chapter or in, upon, or by means of which any violation of this chapter has taken or is taking place may be seized and forfeited as provided by the Florida Contraband Forfeiture Act.

(b) All real property, including any right, title, leasehold interest, and other interest in the whole of any lot or tract of land and any appurtenances or improvements, which real property is used, or intended to be used, in any manner or part, to commit or to facilitate the commission of, or which real property is acquired with proceeds obtained as a result of, a violation of any provision of this chapter related to a controlled substance described in s. 893.03(1) or (2) may be seized and forfeited as provided by the Florida Contraband Forfeiture Act except that no property shall be forfeited under this paragraph to the extent of an interest of an owner or lienholder by reason of any act or omission established by that owner or lienholder to have been committed or omitted without the knowledge or consent of that owner or lienholder.

(c) All moneys, negotiable instruments, securities, and other things of value furnished or intended to be furnished by any person in exchange for a controlled substance described in s. 893.03(1) or (2) or a listed chemical in violation of any provision of this chapter, all proceeds traceable to such an exchange, and all moneys, negotiable instruments, and securities used or intended to be used to facilitate any violation of any provision of this chapter or which are acquired with proceeds obtained in violation of any provision of this chapter may be seized and forfeited as provided by the Florida Contraband Forfeiture Act, except that no property shall be forfeited under this paragraph to the extent of an interest of an owner or lienholder by reason of any act or omission established by that owner or lienholder to have been committed or omitted without the knowledge or consent of that owner or lienholder.

(d) All books, records, and research, including formulas, microfilm, tapes, and data which are used, or intended for use, or which are acquired with proceeds obtained, in violation of any provision of this chapter related to a controlled substance described in s. 893.03(1) or (2) or a listed chemical may be seized and forfeited as provided by the Florida Contraband Forfeiture Act.

(e) If any of the property described in this subsection:

1. Cannot be located;

2. Has been transferred to, sold to, or deposited with, a third party;

3. Has been placed beyond the jurisdiction of the court;

4. Has been substantially diminished in value by any act or omission of the defendant; or

5. Has been commingled with any property which cannot be divided without difficulty,

the court shall order the forfeiture of any other property of the defendant up to the value of any property subject to forfeiture under this subsection.

(3) Any law enforcement agency is empowered to authorize or designate officers, agents, or other persons to carry out the seizure provisions of this section. It shall be the duty of any officer, agent, or other person so authorized or designated, or authorized by law, whenever she or he shall discover any vessel, vehicle, aircraft, real property or interest in real property, money, negotiable instrument, security, book, record, or research which has been or is being used or intended to be used, or which is acquired with proceeds obtained, in violation of any of the provisions of this chapter, or in, upon, or by means of which any violation of this chapter has taken or is taking place, to seize such vessel, vehicle, aircraft, real property or interest in real property, money, negotiable instrument, security, book, record, or research and place it in the custody of such person as may be authorized or designated for that purpose by the respective law enforcement agency pursuant to these provisions.

(4) The rights of any bona fide holder of a duly recorded mortgage or duly recorded vendor’s privilege on the property seized under this chapter shall not be affected by the seizure.

History.—s. 12, ch. 73-331; ss. 10, 11, ch. 74-385; s. 471, ch. 77-147; s. 185, ch. 79-164; s. 4, ch. 80-30; s. 9, ch. 80-68; s. 5, ch. 89-148; s. 4, ch. 91-279; s. 1444, ch. 97-102; s. 1, ch. 98-395; s. 303, ch. 99-8; s. 13, ch. 99-186; s. 21, ch. 2000-320; s. 17, ch. 2004-11; s. 12, ch. 2015-34; ss. 33, 48, ch. 2016-105.

F.S. 893.12 on Google Scholar

F.S. 893.12 on Casetext

Amendments to 893.12

Arrestable Offenses / Crimes under Fla. Stat. 893.12

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 893.12.

Annotations, Discussions, Cases:

Cases Citing Statute 893.12

Total Results: 20

In Re AMENDMENTS TO the FLORIDA PROBATE RULES

Court: Supreme Court of Florida | Date Filed: 2015-12-17

Citation: 181 So. 3d 480, 40 Fla. L. Weekly Supp. 703, 2015 Fla. LEXIS 2810, 2015 WL 9264021

Snippet: notes revised. Statutory References § 893.12, Fla. Stat. Capacity; appointment of guardian advocate

Agresta v. City of Maitland

Court: District Court of Appeal of Florida | Date Filed: 2015-02-20

Citation: 159 So. 3d 876, 2015 Fla. App. LEXIS 2189, 2015 WL 710976

Snippet: contraband subject to forfeiture under the FCFA. See §§ 893.12(2)(b); 932.701(2)(a)6., Fla. Stat. (2008). In determining

Gordon v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-06-06

Citation: 139 So. 3d 958, 2014 WL 2722762, 2014 Fla. App. LEXIS 8689

Snippet: Second, there is forfeiture pursuant to section 893.12. Third, there are mandatory and discretionary court

Brown v. State

Court: District Court of Appeal of Florida | Date Filed: 1999-09-17

Citation: 739 So. 2d 745, 1999 Fla. App. LEXIS 12375, 1999 WL 741057

Snippet: cocaine pursuant to sections *746893.03(2)(a)4. and 893.12(l)(a), Florida Statutes (1997), on the ground that

State v. Liataud

Court: District Court of Appeal of Florida | Date Filed: 1991-08-28

Citation: 587 So. 2d 1155, 1991 WL 128329

Snippet: since the 1,000 foot school-yard statute, F.S. 893.12(1)(e), came into effect in 1987. (2) Evidence shows

State v. Jenkins

Court: District Court of Appeal of Florida | Date Filed: 1991-08-07

Citation: 584 So. 2d 127, 1991 Fla. App. LEXIS 7709, 1991 WL 147659

Snippet: ever since the 1,000 foot schoolyard statute, F.S. 893.12(l)(e), came into effect in 1987. 2. Evidence shows

Melton v. State

Court: District Court of Appeal of Florida | Date Filed: 1989-07-07

Citation: 546 So. 2d 444, 1989 WL 74844

Snippet: "893.13(1)(e)"; and in the commitment order as "893.12(1)(e)." The trial court shall, upon remand, correct

State v. Bowden

Court: District Court of Appeal of Florida | Date Filed: 1989-02-03

Citation: 538 So. 2d 83, 1989 WL 7515

Snippet: to seizure and confiscation by the officers. § 893.12, Fla. Stat. (1987). Because Bowden's motion to

Calhoun v. Department of Health & Rehabilitative Services

Court: District Court of Appeal of Florida | Date Filed: 1987-01-06

Citation: 500 So. 2d 674, 12 Fla. L. Weekly 197, 1987 Fla. App. LEXIS 6189

Snippet: amount greater than five grams, in violation of 893.12 Florida Statutes, contrary to the form of the Statute

Calhoun v. DEPT. OF HLT & REHAB. SERV

Court: District Court of Appeal of Florida | Date Filed: 1987-01-06

Citation: 500 So. 2d 674, 12 Fla. L. Weekly 197

Snippet: amount greater than five grams, in violation of 893.12 Florida Statutes, contrary to the form of the Statute

Forlaw v. Fitzer

Court: Supreme Court of Florida | Date Filed: 1984-08-30

Citation: 456 So. 2d 432, 42 A.L.R. 4th 579

Snippet: conclusion that the defendant violated a law, section 893.12, Florida Statutes (1977). A physician who prescribes

State v. Albury

Court: District Court of Appeal of Florida | Date Filed: 1984-07-13

Citation: 453 So. 2d 461, 1984 Fla. App. LEXIS 14062

Snippet: Lauderdale police department in violation of section 893.12(l)(a), Florida Statutes (1983). More specifically

G. E. G. v. State

Court: Supreme Court of Florida | Date Filed: 1982-07-15

Citation: 417 So. 2d 975, 1982 Fla. LEXIS 2479

Snippet: pursuant to a court order issued in accordance with s. 893.12. Section 2. This act shall take effect upon becoming

GEG v. State

Court: Supreme Court of Florida | Date Filed: 1982-07-15

Citation: 417 So. 2d 975

Snippet: pursuant to a court order issued in accordance with s. 893.12. Section 2. This act shall take effect upon becoming

Hoover v. State ex rel. Eagan

Court: District Court of Appeal of Florida | Date Filed: 1982-01-27

Citation: 409 So. 2d 123, 1982 Fla. App. LEXIS 19067

Snippet: through 943.-44 was originally contained in section 893.12, Florida Statutes (1975).

State v. Adams

Court: District Court of Appeal of Florida | Date Filed: 1979-12-18

Citation: 378 So. 2d 72

Snippet: 12, 1978, and charged with violation of Statute 893.12(1)(e), possession of marijuana. Acting upon the

Griffis v. State

Court: Supreme Court of Florida | Date Filed: 1978-03-02

Citation: 356 So. 2d 297

Snippet: Subsequently, pursuant to Sections 943.44 and 893.12, Florida Statutes (1975), the State instituted

Sosa v. State

Court: District Court of Appeal of Florida | Date Filed: 1977-02-08

Citation: 341 So. 2d 1078

Snippet: heard argument thereon, having reviewed Sections 893.12(1) and .02(3) and 943.41, Florida Statutes (1975)

Lobato v. State

Court: District Court of Appeal of Florida | Date Filed: 1976-08-18

Citation: 336 So. 2d 405, 1976 Fla. App. LEXIS 15309

Snippet: entering a final order of forfeiture in that F.S. 893.-12(2) was unconstitutionally applied to the case at

Ago

Court: Florida Attorney General Reports | Date Filed: 1976-02-23

Snippet: paraphernalia), s.849.231, F. S. (gambling devices), and s. 893.12, F. S. (illegal drugs and narcotics). The act amended