(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.
Cited 36 times | Published | Supreme Court of Florida
...As a direct result of the search, charges were brought against the appellant for possession of marijuana and cocaine. The appellant pled nolo contendere to possession of marijuana and received a sentence of one year's probation. The cocaine charge was dismissed by the State. Subsequently, pursuant to Sections 943.44 and 893.12, Florida Statutes (1975), the State instituted proceedings for forfeiture of appellant's truck, alleging that the vehicle had been used by the appellant for the purpose of transporting cannabis and cocaine in violation of Section 893.13, Florida Statutes (1975)....
...In fact, the trial judge's order ordering forfeiture expressly states that there is no indication that the vehicle in question was being used in an illegal drug "operation." The language of Sections 943.41 through 943.44, Florida Statutes (1975), was originally contained in Section 893.12, Florida Statutes (1973), enacted by the Legislature as part of Chapter 73-331, Laws of Florida....
...ntial adoption of the major provisions of the Uniform Controlled Substances Act approved by the National Conference of Commissioners of Uniform State Laws in 1970. In 1974, the Legislature enacted Chapter 74-385, § 1, Laws of Florida, excising from Section 893.12, Florida Statutes (1973), those provisions which now constitute Sections 943.41 through 943.44, Florida Statutes (1975), and denominating the excised portions as the "Florida Uniform Contraband Transportation Act." The legislative inte...
...Fleary, a native and citizen of Trinidad and Tobago, entered the United States as a lawful permanent resident in 1975. On May 1, 1987, he was convicted and sentenced for the felony charge of possession of cocaine, a controlled substance, in violation of Section 893.12 of the Florida Statutes....
...893.146, Florida Statutes, providing a procedure for determining whether *355 or not an object is drug paraphernalia; creating s. 893.147, Florida Statutes, prohibiting the possession, manufacture, delivery, or advertisement of drug paraphernalia; amending s. 893.12(2), Florida Statutes, providing for the forfeiture of drug paraphernalia; amending s....
...ale of objects designed or intended for use as drug paraphernalia. Any person who violates this section is guilty of a misdemeanor of the first degree, punishable as provided for in s. 775.082, s. 775.083, or s. 775.084. Section 4. Subsection (2) of section 893.12, Florida Statutes, is amended to read: *357 893.12 Contraband; seizure, forfeiture and sale of vessel, vehicle, or aircraft illegally used. (2) Any vessel, vehicle, or aircraft or drug paraphernalia, as defined in s....
...CODING: Words in struck through type are deletions from existing law; words in underscored type are additions. NOTES [1] The "Head Shop" law, formally known as Chapter 80-30, Laws of Florida (1980), and soon to be codified as Sections 893.145, 893.146, 893.147, and 893.12, Florida Statutes (Supp.1980), is appended....
Cited 8 times | Published | Supreme Court of Florida | 42 A.L.R. 4th 579
...No allegation of negligence per se is contained in the complaint under review in this case. However, the respondent urges in his argument to this Court that the facts alleged in the complaint would support the conclusion that the defendant violated a law, section 893.12, Florida Statutes (1977)....
...46 F.3d at 83 . The authorized penalties for Gordon’s greater crime were fourfold. First, there is a mandatory, minimum sentence of incarceration for twenty-five years’ prison. § 893.135(1)(c)(1)(c), (5). Second, there is forfeiture pursuant to section 893.12....
Cited 3 times | Published | Florida 4th District Court of Appeal | 1991 WL 128329
...Further, the Court notes that said Detention Aide was selling crack cocaine, which was manufactured from cocaine in the Broward Sheriff's Office Crime Laboratory. The location of this reverse sting has been the site of numerous reverse stings ever since the 1,000 foot school-yard statute, F.S. 893.12(1)(e), came into effect in 1987....
Cited 2 times | Published | Florida 2nd District Court of Appeal | 1989 WL 7515
...Thereafter, the cocaine found on Bowden was seized lawfully as a search incident to an arrest. See § 901.21, Fla. Stat. (1987); Williams v. State, 516 So.2d 1081 (Fla. 2d DCA 1987). The cocaine seized from the vehicle was subject to seizure and confiscation by the officers. § 893.12, Fla....
...tation police department. He filed a motion to suppress 291 pounds of cannabis, contending that the cannabis used by the Plantation police in their undercover operation was transferred to them by the Fort Lauderdale police department in violation of section 893.12(l)(a), Florida Statutes (1983). More specifically, he alleged that the cannabis was used as evidence in another criminal prosecution, but never disposed of as required by section 893.12(l)(a)....
...manner of destruction shall be kept, and a return under oath reporting said destruction shall be made to the court or magistrate and to the United States Drug Enforcement Administration by the officer who destroys them. We need not decide whether a section 893.12(1) violation exists to resolve this appeal because we find that suppression of evidence under the exclusionary rule is an inappropriate sanction for such an alleged statutory violation....
...pounds, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 calendar years and to pay a fine of $25,000. . § 943.41(1), Fla.Stat. (Supp.1980). . The language of sections 943.41 through 943.-44 was originally contained in section 893.12, Florida Statutes (1975).
...A subsequent chemical analysis revealed that the packets were a controlled drug, PCP (phencyclidine). Thereafter, the state filed a petition for a rule to show cause why the appellee should not forfeit his automobile to the use of or sale by the Dade Public Safety Department in accordance with Fla.Stat. § 893.12(2) and (5), F.S.A....
...second point that forfeiture of an automobile is a drastic remedy in the absence of a nexus between the illegal drugs found in the car and the furtherance of an illegal drug “operation,” even though a strict reading of the language contained in Section 893.12(2) would seem to permit a forfeiture for “any violation of this chapter.” In our view, forfeiture statutes are intended to apply to those individuals who are “significantly involved in a criminal enterprise.” Cf., United States v....
...e ashtray of the car. The passenger with the “felony quantity” of marijuana received a sentence of one year unsupervised probation and a $100.00 fine. Appellant forfeited his $4,000.00 1974 Fiat, after a hearing in accordance with a new statute, § 893.12(2), F.S., which provides in material part as follows: Any ....
entering a final order of forfeiture in that F.S. 893.-12(2) was unconstitutionally applied to the case
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
