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F.S. 893.09 on Google Scholar

F.S. 893.09 on Casetext

Amendments to 893.09


The 2021 Florida Statutes

Title XLVI
CRIMES
Chapter 893
DRUG ABUSE PREVENTION AND CONTROL
View Entire Chapter
F.S. 893.09 Florida Statutes and Case Law
893.09 Enforcement.
(1) The Department of Law Enforcement, all state agencies which regulate professions or institutions affected by the provisions of this chapter, and all peace officers of the state shall enforce all provisions of this chapter except those specifically delegated, and shall cooperate with all agencies charged with the enforcement of the laws of the United States, this state, and all other states relating to controlled substances.
(2) Any agency authorized to enforce this chapter shall have the right to institute an action in its own name to enjoin the violation of any of the provisions of this chapter. Said action for an injunction shall be in addition to any other action, proceeding, or remedy authorized by law.
(3) All law enforcement officers whose duty it is to enforce this chapter shall have authority to administer oaths in connection with their official duties, and any person making a material false statement under oath before such law enforcement officers shall be deemed guilty of perjury and subject to the same punishment as prescribed for perjury.
(4) It shall be unlawful and punishable as provided in chapter 843 for any person to interfere with any such law enforcement officer in the performance of the officer’s official duties. It shall also be unlawful for any person falsely to represent himself or herself to be authorized to enforce the drug abuse laws of this state, the United States, or any other state.
(5) No civil or criminal liability shall be imposed by virtue of this chapter upon any person whose duty it is to enforce the provisions of this chapter, by reason of his or her being lawfully engaged in the enforcement of any law or municipal ordinance relating to controlled substances.
History.s. 9, ch. 73-331; s. 1, ch. 77-174; s. 30, ch. 79-8; s. 1441, ch. 97-102.

Statutes updated from Official Statutes on: January 26, 2022
F.S. 893.09 on Google Scholar

F.S. 893.09 on Casetext

Amendments to 893.09


Arrestable Offenses / Crimes under Fla. Stat. 893.09
Level: Degree
Misdemeanor/Felony: First/Second/Third

893.09 3 - PERJURY - MAKE FALSE STATEMENT UNDER OATH TO LEO - F: T
893.09 4 - FRAUD-IMPERSON - FALSELY REP AUTHORITY TO ENFORCE DRUG LAW - F: T
893.09 4 - RESIST OFFICER - INTERFERE W LEO W VIOLENCE - F: T
893.09 4 - RESIST OFFICER - INTERFERE W LEO WO VIOLENCE - M: F
893.09 4 - FRAUD-IMPERSON - AUTH TO ENFORCE DRUG LAW WHILE COMMIT FELONY - F: S
893.09 4 - FRAUD-IMPERSON - AUTH TO ENFORCE DRUG LAW CAUSE DEATH INJURY - F: F


Civil Citations / Citable Offenses under S893.09
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 893.09.


Annotations, Discussions, Cases:

  1. Pierz v. Gorski

    88 Wis. 2d 131 (Wis. Ct. App. 1979)   Cited 60 times
    The Gorskis' claim of title is not founded upon a written instrument, judgment or decree. As such, only the premises actually occupied may be adversely possessed, and the land is adversely possessed only if it has been "protected by a substantial inclosure," or "usually cultivated or improved" for twenty years. Secs. 893.05, 893.08,, 893.09, Stats.
    PAGE 136
  2. AGO

    74-368 (Ops. Fla. Atty. Gen. Dec. 4, 1974)
    SUMMARY: Law enforcement officers, who are not notary publics, are authorized to administer oaths in the course of investigating violations of Ch. 893, F.S., and individuals who are placed under oath by a law enforcement officer, pursuant to s. 893.09( 3), and who make material false statements while under such oath, are subject to prosecution for perjury under Ch. 837, F.S. Section 893.09( 3), F.S., provides as follows: All law enforcement officers whose duty is to enforce this chapter shall have authority to administer oaths in connection with their official duties, and any person making a material false statement under oath before such law enforcement officers shall be deemed guilty of perjury and subject to the same punishment as prescribed for perjury. It has long been recognized in Florida that there are many oaths authorized or required by different provisions of law to be taken, that if sworn to falsely, will subject the affiant to penalties for perjury. Collins v. State, 15 So. 220 (Fla. 1894). In order to prove the charge of perjury in such situations, it must be proved that the oath was administered by one authorized by law to administer oaths…
  3. Pollnow v. Department of Natural Resources

    88 Wis. 2d 350 (Wis. 1979)   Cited 24 times
    Northwoods Development Corp. v. Klement, 24 Wis.2d 387, 129 N.W.2d 121 (1964), which construed the predecessor statute to sec. 893.09, made clear that the statute carries over the common law definition of adverse possession. For possession to be adverse under sec. 893.09, it must be open, notorious, hostile and continuous for twenty years. Id. at 392-394.
    PAGE 356
  4. Newmans v. State

    701 So. 2d 573 (Fla. Dist. Ct. App. 1997)   Cited 6 times
    Section 893.09(1), Florida Statutes (1991), a provision in the Florida Comprehensive Drug Abuse Prevention and Control Act which was referred to in Count V of the federal indictment, provides:
    PAGE 576
  5. Harwick v. Black

    217 Wis. 2d 691 (Wis. Ct. App. 1998)   Cited 30 times   1 Legal Analyses
    We disagree. We have no reason to believe that the legislature intended § 893.25, STATS., to change the law of adverse possession. The 1979 Judicial Council Committee's Note to § 893.25 states: "This provision collects in one section all material relating to 20-year adverse possession, without change in substance. Previous ss. 893.08 and 893.09, together with part of previous s. 893.10, are integrated here . . . . This section covers the substance of previous s. 893.02, also deleted." (Emphasis added.)
    PAGE 702
  6. Lindl v. Ozanne

    270 N.W.2d 249 (Wis. Ct. App. 1978)   Cited 6 times
    Sec. 893.09, Stats., provides:
    PAGE 426
  7. State v. Gordon

    920 So. 2d 42 (Fla. Dist. Ct. App. 2006)
    While this section (formerly numbered 893.13(4)(b)5) and section 893.09(5) (immunizing officers enforcing Chapter 893 from prosecution for crimes defined in the chapter) were in effect at the time of Manucy, neither was addressed by the Manucy court.
    PAGE 44
  8. Droege v. Daymaker Cranberries, Inc.

    88 Wis. 2d 140 (Wis. Ct. App. 1979)   Cited 18 times
    Droege's claim of title is not founded upon a written instrument, judgment, or decree. As such, only the premises actually occupied may be adversely possessed, and the land is adversely possessed only if it has been "protected by a substantial inclosure" or "usually cultivated or improved" for twenty years. Secs. 893.05, 893.08, 893.09, Stats.
    PAGE 145
  9. CUSHING v. DEPT. OF PROF. REG., ETC

    416 So. 2d 1197 (Fla. Dist. Ct. App. 1982)   Cited 7 times
    A warrantless, routine administrative search of a pharmacy conducted by the Department of Professional Regulation pursuant to Secs. 465.017, 893.09(1) and 893.07(4), Fla. Stat. (1979) revealed several suspect prescriptions for quaaludes written by the appellant, Dr. Robert Cushing, an oral surgeon. As a result, a three-count administrative complaint was filed against him. The hearing officer found Cushing guilty of improperly prescribing the drug in the incident charged in Count III and recommended dismissal of Counts I and II. On review, the Board of Dentistry adopted the hearing officer's findings and recommendations in all respects.
  10. Madsen v. Holmes

    203 N.W.2d 865 (Wis. 1973)   Cited 3 times
    "893.09 Adverse possession, what is. For the purpose of constituting an adverse possession by a person claiming title, . . . land shall be deemed to have been possessed and occupied in the following cases only:
    PAGE 153