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F.S. 893.12 on Google Scholar

F.S. 893.12 on Casetext

Amendments to 893.12


The 2021 Florida Statutes

Title XLVI
CRIMES
Chapter 893
DRUG ABUSE PREVENTION AND CONTROL
View Entire Chapter
F.S. 893.12 Florida Statutes and Case Law
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.

Statutes updated from Official Statutes on: January 26, 2022
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.


Civil Citations / Citable Offenses under S893.12
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 893.12.


Annotations, Discussions, Cases:

  1. Abraham v. Milwaukee Mutual Insurance Co.

    341 N.W.2d 414 (Wis. Ct. App. 1983)   Cited 12 times
    Section 893.12, Stats., provides that the statute of limitations "for the commencement of actions, if a payment is made as described in s. 885.285(1), shall be either the period of time remaining under the original statute of limitations or 3 years from the date of the last payment made under s. 885.285(1), whichever is greater." (Emphasis added.) Section 885.285(1), Stats., consists of two subsections: (a) personal injury, and (b) property damage. Section 893.12 does not specify the types of payment necessary to extend the statute of limitations. Therefore, we hold that under the plain meaning of these provisions, any payment made in advance or settlement of either personal injury or property damage claims extends the limitation period for a personal injury claim.
    PAGE 681
  2. Wieting Funeral Home v. Meridian Mut. Ins. Co.

    2004 WI App. 218 (Wis. Ct. App. 2004)   Cited 14 times
    (4) The period fixed for the limitation for the commencement of actions shall be as provided by s. 893.12.
    PAGE 281
  3. Scott v. First State Ins. Co.

    155 Wis. 2d 608 (Wis. 1990)   Cited 31 times
    Thimm argued that sec. 893.12 interacts with sec. 893.07(1) to extend the Illinois period of limitation to three years from the date of the property settlement. In rejecting Thimm's claim, the court of appeals observed, correctly we conclude, that sec. 893.12 is in essence a statute of limitation. Although sometimes referred to as a statute that extends a statute of limitation, sec. 893.12 establishes a separate statute of limitation when there has been a settlement and advance payment of a claim of damages. The court of appeals in Thimm concluded that because sec. 893.12 is a statute of limitation, it does not operate to extend the foreign period of limitation applicable to foreign causes of action under sec. 893.07(1).
    PAGE 619
  4. Milwaukee Trades argues that the undisputed facts establish that the insurer intended the settlement check as full and final payment and not a partial payment, pointing to the notation on the check as well as the testimony of Hanover's adjustor and her letter accompanying the check. Parr argues that the letter is ambiguous and raises an inference that the check was not intended as full settlement of the entire claim. Section 893.12, Stats., applies only to advance or partial payments, and not final or full payment. Milwaukee Mut. Ins. Co. v. Priewe, 118 Wis.2d 318, 321, 348 N.W.2d 585, 587 (Ct.App. 1984). Thus, if the check represented an offer of full settlement, sec. 893.12 does not apply. Because we resolve the appeal on other grounds, we do not address this issue.
    PAGE 146
  5. Gurney v. Heritage Mut. Ins. Co.

    523 N.W.2d 193 (Wis. Ct. App. 1994)   Cited 5 times
    In Abraham v. Milwaukee Mutual Insurance Co., 115 Wis.2d 678, 341 N.W.2d 414 (Ct.App. 1983), we held that a payment in advance or settlement of a claim for property damages extended the statute of limitations under § 893.12, STATS., for a personal injury claim if the payment was made within the three-year limitation period provided by § 893.54 (1), STATS. Id. at 681, 341 N.W.2d at 416. We said: "Section 893.12 does not specify the types of payment necessary to extend the statute of limitations." Id. I see no reason why payment of medical expenses should not extend the statute of limitations under § 893.12.
    PAGE 76
  6. Young v. Aurora Medical Center of Washington County

    679 N.W.2d 549 (Wis. Ct. App. 2004)   Cited 1 times
    The Fund also argues that any extension of the statute of limitations under WIS. STAT. § 893.12 should not apply to it because the Fund did not participate in the waiver of medical bills. Because we conclude that the waiver or forbearance of a medical bill does not constitute a "payment" under the statute, we need not address this argument.
    PAGE 312
  7. Thimm v. Automatic Sprinkler Corp.

    434 N.W.2d 842 (Wis. Ct. App. 1988)   Cited 8 times
    Section 893.12, Stats., provides:
    PAGE 336
  8. Griffis v. State

    356 So. 2d 297 (Fla. 1978)   Cited 50 times
    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. Chapter 73-331, § 12, Laws of Florida, was entitled the "Florida Comprehensive Drug Abuse Prevention and Control Act" and was a substantial 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 intent in enacting Chapter 73-331, § 12, Laws of Florida, contained in the introductory language to the act, was inter alia, to achieve "uniformity between the laws of Florida and the laws of the United States" which was "necessary and desirable for effective drug abuse prevention and control." The introductory language also expressed…
    PAGE 299
  9. ¶ 53 For this, Security Health relies exclusively on language in this court's holding in Gurney v. Heritage Mut. Ins. Co. , 188 Wis.2d 68, 74, 523 N.W.2d 193 (Ct. App. 1994). Gurney was injured through what she claimed was the fault of Heritage Mutual's insured, and Gurney sued Heritage Mutual and its insured. But, she initiated the action months after the three-year statute of limitations expired. Gurney argued that WIS. STAT. § 893.12 allowed an extension of the limitations period because Heritage Mutual made a payment toward her medical expenses pursuant to the medical expense coverage part of its policy. Id. at 70, 523 N.W.2d 193. This court framed the issue narrowly: "The sole issue on appeal is whether a payment made by Heritage Mutual to Pearl Gurney and her physician was a ‘payment’ within the meaning of § 893.12, Stats., which extends the statute of limitations in certain situations where payments are made to personal injury claimants." Id. We concluded that the limitation period is extended "only when payments related to settlement of disputed claims, or to considerations of fault or liability, are made on behalf of the insured." Id. at 71, 523 N.W.2d…
    PAGE 571