reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XLVI - Crimes › Chapter 877 - Miscellaneous Crimes › 877.14 - Merchandising of Dogs; Required Records; Penalty for Violation.

877.14 Merchandising of dogs; required records; penalty for violation.—
(1) Every person engaged in the business of selling dogs shall keep a complete and true record of all transactions, showing the date of transaction and the name and address of the person from whom each dog was purchased or otherwise obtained and to whom it was sold. The record also should show a sufficient description of the dog such as breed, sex, color, markings, and distinguishing features. The record shall at all times be subject to the inspection of all police and peace officers.
(2) Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—ss. 1, 2, ch. 69-285; s. 1159, ch. 71-136.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 877 - Miscellaneous Crimes › 877.15 - Failure to Control or Report Dangerous Fire.

877.15 Failure to control or report dangerous fire.—Any person who knows, or has reasonable grounds to believe, that a fire is endangering the life or property of another, and who fails to take reasonable measures to put out or control the fire when the person can do so without substantial risk to himself or herself, or who fails to give a prompt fire alarm, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, if:
(1) The person knows that he or she is under an official, contractual, or other legal duty to control or combat the fire; or
(2) The fire was started lawfully by the person or with his or her assent and was started on property in his or her custody or control.
History.—s. 3, ch. 79-108; s. 220, ch. 91-224; s. 1430, ch. 97-102.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 877 - Miscellaneous Crimes › 877.155 - Report of Initial Treatment of Burn Injuries; Penalty for Failure to Report.

877.155 Report of initial treatment of burn injuries; penalty for failure to report.—
(1) Any person who initially treats or is requested to treat a person with second-degree or third-degree burn injuries affecting 10 percent or more of the surface area of his or her body shall immediately report such treatment to the local sheriff’s department if the treating person determines that the burns were caused by a flammable substance and if the treating person suspects the injury is a result of violence or unlawful activity. The report shall state the name and address of the injured person and the extent of his or her injuries. This section does not apply to burn injuries received by a member of the armed forces, or by a governmental employee, engaged in the performance of his or her duties.
(2) Any person who willfully fails to make the report required by subsection (1) is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 87-219; s. 221, ch. 91-224; s. 1431, ch. 97-102.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 877 - Miscellaneous Crimes › 877.16 - Exhibition of Deformed Animals Prohibited; Penalty.

877.16 Exhibition of deformed animals prohibited; penalty.—Whoever shall exhibit for pay or compensation any crippled or physically distorted, malformed, or disfigured beast, bird, or animal in any circus, show, or similar place, or any other place to which an admission fee is charged, whoever knowingly advertises or knowingly causes to be advertised any such exhibition, and whoever solicits or procures the attendance of others at such exhibition with knowledge of the nature thereof, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 2, ch. 8524, 1921; CGL 7674; s. 1124, ch. 71-136.
Note.—Former s. 867.02.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 877 - Miscellaneous Crimes › 877.17 - Works to Be Submitted by Students Without Substantial Alteration.

877.17 Works to be submitted by students without substantial alteration.—
(1) It shall be unlawful for any person or business entity to sell, offer to sell, or advertise for sale any term paper, thesis, dissertation, essay, or report or any written, recorded, pictorial, artistic, or other assignment which the seller or advertiser knew or reasonably should have known was intended for submission by a student, unaltered to any substantial degree, in fulfillment of the requirements for a degree, diploma, certificate, or course of study at a university, college, academy, school, or other educational institution in the state.
(2) This section shall not prevent any person or educational institution from providing tutorial assistance, research material, information, or courses in research or writing unless this service includes the preparation, research, or writing of a report or paper as outlined in subsection (1). No person shall be prevented by this section from selling or offering to sell services which include the typing, assembling, transcription, reproduction, or editing of a manuscript or other assignment prepared by the purchaser.
(3) Any person violating the provisions of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 19, ch. 80-295; s. 4, ch. 80-378; s. 222, ch. 91-224.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 877 - Miscellaneous Crimes › 877.18 - Identification Card or Document Purporting to Contain Applicant’s Age or Date of Birth; Penalties for Failure to Comply With Requirements for Sale or Issuance.

877.18 Identification card or document purporting to contain applicant’s age or date of birth; penalties for failure to comply with requirements for sale or issuance.—
(1) It is unlawful for any person, except a governmental agency or instrumentality, to sell or issue, or to offer to sell or issue, in this state any identification card or document purporting to contain the age or date of birth of the person in whose name it was issued, unless:
(a) Prior to selling or issuing such card or document, the person has first obtained from the applicant and retains for a period of 3 years from the date of sale:
1. An authenticated or certified copy of proof of age as provided in s. 1003.21(4); and
2. A notarized affidavit from the applicant attesting to the applicant’s age and that the proof-of-age document required by subparagraph 1. is for such applicant.
(b) Prior to offering to sell such cards in this state, the person has included in any offer for sale of identification cards or documents that such cards cannot be sold or issued without the applicants’ first submitting the documents required by paragraph (a).
(c) The identification card or document contains the business name and street address of the person selling or issuing such card or document.
(2) For the purposes of this section, the term “offer to sell” includes every inducement, solicitation, attempt, or printed or media advertisement to encourage a person to purchase an identification card.
(3) All records required to be maintained by this section shall be available for inspection without warrant upon reasonable demand by any law enforcement officer, including, but not limited to, a state attorney investigator or an investigator for the Division of Alcoholic Beverages and Tobacco.
(4) A person who violates the provisions of this section is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The failure to produce the documents required by subsection (1), upon lawful request therefor, is prima facie evidence of a violation of this section.
(5) The state attorney for any county in which a violation of this section occurs or the Attorney General may enjoin any sale or offer for sale in violation of this section by temporary and permanent injunction by application to any court of competent jurisdiction.
History.—s. 8, ch. 84-297; s. 1040, ch. 2002-387.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 877 - Miscellaneous Crimes › 877.19 - Hate Crimes Reporting Act.

877.19 Hate Crimes Reporting Act.—
(1) SHORT TITLE.—This section may be cited as the “Hate Crimes Reporting Act.”
(2) ACQUISITION AND PUBLICATION OF DATA.—The Governor, through the Florida Department of Law Enforcement, shall collect and disseminate data on incidents of criminal acts that evidence prejudice based on race, religion, ethnicity, color, ancestry, sexual orientation, or national origin. All law enforcement agencies shall report monthly to the Florida Department of Law Enforcement concerning such offenses in such form and in such manner as prescribed by rules adopted by the department. Such information shall be compiled by the department and disseminated upon request to any local law enforcement agency, unit of local government, or state agency.
(3) LIMITATION ON USE AND CONTENT OF DATA.—Such information is confidential and exempt from s. 119.07(1). Data required pursuant to this section shall be used only for research or statistical purposes and shall not include any information that may reveal the identity of an individual victim of a crime.
(4) ANNUAL SUMMARY.—The Attorney General shall publish an annual summary of the data required pursuant to this section.
History.—s. 1, ch. 89-132; s. 2, ch. 91-83; s. 1, ch. 94-125; s. 432, ch. 96-406.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 877 - Miscellaneous Crimes › 877.20 - Local Juvenile Curfew Ordinances; Legislative Intent.

877.20 Local juvenile curfew ordinances; legislative intent.—It is the intent of the Legislature to protect minors in this state from harm and victimization, to promote the safety and well-being of minors in this state, to reduce the crime and violence committed by minors in this state, and to provide counties and municipalities with the option of adopting a local juvenile curfew ordinance by incorporating by reference the provisions of ss. 877.20-877.25.
History.—s. 82, ch. 94-209.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 877 - Miscellaneous Crimes › 877.21 - Definitions; Ss. 877.20-877.25.

877.21 Definitions; ss. 877.20-877.25.—As used in ss. 877.20-877.25, the term:
(1) “Emergency” means an unforeseen combination of circumstances which results in a situation that requires immediate attention to care for or prevent serious bodily injury, loss of life, or significant property loss. The term includes, but is not limited to, a fire, a natural disaster, or an automobile accident.
(2) “Establishment” means a privately owned place of business to which the public is invited, including, but not limited to, a place of amusement or a place of entertainment.
(3) “Minor” means any person under 16 years of age.
(4) “Parent” means a person who has legal custody of a minor as a:
(a) Natural or adoptive parent.
(b) Legal guardian.
(c) Person who stands in loco parentis to the minor.
(d) Person who has legal custody of the minor by order of the court.
(5) “Public place” means a place to which the public has access, including, but not limited to, streets, highways, public parks, and the common areas of schools, hospitals, apartment houses, office buildings, transportation facilities, and shops.
(6) “Remain” means to stay unnecessarily in a particular place.
History.—s. 83, ch. 94-209.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 877 - Miscellaneous Crimes › 877.22 - Minors Prohibited in Public Places and Establishments During Certain Hours; Penalty; Procedure.

877.22 Minors prohibited in public places and establishments during certain hours; penalty; procedure.—
(1)(a) A minor may not be or remain in a public place or establishment between the hours of 11:00 p.m. and 5:00 a.m. of the following day, Sunday through Thursday, except in the case of a legal holiday.
(b) A minor may not be or remain in a public place or establishment between the hours of 12:01 a.m. and 6:00 a.m. on Saturdays, Sundays, and legal holidays.
(2) A minor who has been suspended or expelled from school may not be or remain in a public place, in an establishment, or within 1,000 feet of a school during the hours of 9:00 a.m. to 2:00 p.m. during any school day.
(3) A minor who violates this section shall receive a written warning for her or his first violation. A minor who violates this section after having received a prior written warning is guilty of a civil infraction and shall pay a fine of $50 for each violation.
(4) If a minor violates a curfew and is taken into custody, the minor shall be transported immediately to a police station or to a facility operated by a religious, charitable, or civic organization that conducts a curfew program in cooperation with a local law enforcement agency. After recording pertinent information about the minor, the law enforcement agency shall attempt to contact the parent of the minor and, if successful, shall request that the parent take custody of the minor and shall release the minor to the parent. If the law enforcement agency is not able to contact the minor’s parent within 2 hours after the minor is taken into custody, or if the parent refuses to take custody of the minor, the law enforcement agency may transport the minor to her or his residence or proceed as authorized under part IV of chapter 39.
History.—s. 84, ch. 94-209; s. 1432, ch. 97-102; s. 52, ch. 98-280; s. 17, ch. 2010-117; s. 51, ch. 2011-213.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 877 - Miscellaneous Crimes › 877.23 - Legal Duty of Parent; Penalty.

877.23 Legal duty of parent; penalty.—
(1) The parent of a minor has a legal duty and responsibility to ensure that the minor does not violate s. 877.22(1).
(2) The parent of a minor has a legal duty and responsibility to personally supervise, or arrange for a responsible adult to supervise, the minor so that the minor does not violate s. 877.22(2).
(3) The parent of a minor who knowingly permits the minor to violate s. 877.22(1) or (2) shall receive a written warning for a first violation. A parent who knowingly permits the minor to violate s. 877.22(1) or (2) after having received a prior written warning is guilty of a civil infraction and shall pay a fine of $50 for each violation.
History.—s. 85, ch. 94-209.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 877 - Miscellaneous Crimes › 877.24 - Nonapplication of S. 877.22.

877.24 Nonapplication of s. 877.22.—Section 877.22 does not apply to a minor who is:
(1) Accompanied by his or her parent or by another adult authorized by the minor’s parent to have custody of the minor.
(2) Involved in an emergency or engaged, with his or her parent’s permission, in an emergency errand.
(3) Attending or traveling directly to or from an activity that involves the exercise of rights protected under the First Amendment of the United States Constitution.
(4) Going directly to or returning directly from lawful employment, or who is in a public place or establishment in connection with or as required by a business, trade, profession, or occupation in which the minor is lawfully engaged.
(5) Returning directly home from a school-sponsored function, a religious function, or a function sponsored by a civic organization.
(6) On the property of, or on the sidewalk of, the place where the minor resides, or who is on the property or sidewalk of an adult next-door neighbor with that neighbor’s permission.
(7) Engaged in interstate travel or bona fide intrastate travel with the consent of the minor’s parent.
(8) Attending an organized event held at and sponsored by a theme park or entertainment complex as defined in s. 509.013(9).
History.—s. 86, ch. 94-209; s. 1433, ch. 97-102.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 877 - Miscellaneous Crimes › 877.25 - Local Ordinance Required; Effect.

877.25 Local ordinance required; effect.—Sections 877.20-877.24 do not apply in a county or municipality unless the governing body of the county or municipality adopts an ordinance that incorporates by reference the provisions of ss. 877.20-877.24. Sections 877.20-877.24 do not preclude county or municipal ordinances regulating the presence of minors in public places and establishments which provide restrictions more stringent or less stringent than the curfew imposed under s. 877.22.
History.—s. 87, ch. 94-209.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 877 - Miscellaneous Crimes › 877.26 - Direct Observation, Videotaping, or Visual Surveillance of Customers in Merchant’s Dressing Room, etc., Prohibited; Penalties.

877.26 Direct observation, videotaping, or visual surveillance of customers in merchant’s dressing room, etc., prohibited; penalties.—
(1) It is unlawful for any merchant to directly observe or make use of video cameras or other visual surveillance devices to observe or record customers in the merchant’s dressing room, fitting room, changing room, or restroom when such room provides a reasonable expectation of privacy. However, a merchant may directly observe a customer from outside such room if the observation is within the scope of the merchant’s duties and the observation does not otherwise violate s. 810.14 or s. 810.145 or if the customer invites or consents to the presence of the merchant in the room.
(2) As used in this subsection, the term “merchant” means an owner or operator, or the agent, consignee, employee, lessee, or officer of an owner or operator, of any premises or apparatus used for retail purchase or sale of any merchandise.
(3) Any merchant who violates subsection (1) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 99-262; s. 7, ch. 2004-39.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 877 - Miscellaneous Crimes › 877.27 - Unauthorized Transmissions To, or Interference With, a Public or Commercial Radio Station Licensed by the Federal Communications Commission Prohibited; Penalties.

877.27 Unauthorized transmissions to, or interference with, a public or commercial radio station licensed by the Federal Communications Commission prohibited; penalties.—
(1) A person may not:
(a) Make, or cause to be made, a radio transmission in this state unless the person obtains a license or an exemption from licensure from the Federal Communications Commission under 47 U.S.C. s. 301, or other applicable federal law or regulation; or
(b) Do any act, whether direct or indirect, to cause an unlicensed radio transmission to, or interference with, a public or commercial radio station licensed by the Federal Communications Commission or to enable the radio transmission or interference to occur.
(2) A person who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 1, ch. 2004-58.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 893 - Drug Abuse Prevention and Control › 893.015 - Statutory References.

893.015 Statutory references.—The purpose of this chapter is to comprehensively address drug abuse prevention and control in this state. To this end, unless expressly provided otherwise, a reference in any section of the Florida Statutes to chapter 893 or to any section or portion of a section of chapter 893 includes all subsequent amendments to chapter 893 or to the referenced section or portion of a section.
History.—s. 3, ch. 2017-107; s. 2, ch. 2017-110.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 893 - Drug Abuse Prevention and Control › 893.0301 - Death Resulting From Apparent Drug Overdose; Reporting Requirements.

893.0301 Death resulting from apparent drug overdose; reporting requirements.—If a person dies of an apparent drug overdose:
(1) A law enforcement agency shall prepare a report identifying each prescribed controlled substance listed in Schedule II, Schedule III, or Schedule IV of s. 893.03 which is found on or near the deceased or among the deceased’s possessions. The report must identify the person who prescribed the controlled substance, if known or ascertainable. Thereafter, the law enforcement agency shall submit a copy of the report to the medical examiner.
(2) A medical examiner who is preparing a report pursuant to s. 406.11 shall include in the report information identifying each prescribed controlled substance listed in Schedule II, Schedule III, or Schedule IV of s. 893.03 that was found in, on, or near the deceased or among the deceased’s possessions.
History.—s. 6, ch. 2007-156; s. 28, ch. 2016-105.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 893 - Drug Abuse Prevention and Control › 893.033 - Listed Chemicals.

893.033 Listed chemicals.—The chemicals listed in this section are included by whatever official, common, usual, chemical, or trade name designated.
(1) PRECURSOR CHEMICALS.—The term “listed precursor chemical” means a chemical that may be used in manufacturing a controlled substance in violation of this chapter and is critical to the creation of the controlled substance, and such term includes any salt, optical isomer, or salt of an optical isomer, whenever the existence of such salt, optical isomer, or salt of optical isomer is possible within the specific chemical designation. The following are “listed precursor chemicals”:
(a) Anthranilic acid.
(b) Benzaldehyde.
(c) Benzyl cyanide.
(d) Chloroephedrine.
(e) Chloropseudoephedrine.
(f) Ephedrine.
(g) Ergonovine.
(h) Ergotamine.
(i) Ergocristine.
(j) Ethylamine.
(k) Iodine tincture above 2.2 percent.
(l) Isosafrole.
(m) Methylamine.
(n) 3, 4-Methylenedioxyphenyl-2-propanone.
(o) N-Acetylanthranilic acid.
(p) N-Ethylephedrine.
(q) N-Ethylpseudoephedrine.
(r) N-Methylephedrine.
(s) N-Methylpseudoephedrine.
(t) ANPP (4-Anilino-N-phenethyl-4-piperidine).
(u) NPP (N-Phenethyl-4-piperidone).
(v) Nitroethane.
(w) Norpseudoephedrine.
(x) Phenylacetic acid.
(y) Phenylpropanolamine.
(z) Piperidine.
(aa) Piperonal.
(bb) Propionic anhydride.
(cc) Pseudoephedrine.
(dd) Safrole.
(2) ESSENTIAL CHEMICALS.—The term “listed essential chemical” means a chemical that may be used as a solvent, reagent, or catalyst in manufacturing a controlled substance in violation of this chapter. The following are “listed essential chemicals”:
(a) Acetic anhydride.
(b) Acetone.
(c) Ammonium salts, including, but not limited to, nitrate, sulfate, phosphate, or chloride.
(d) Anhydrous ammonia.
(e) Benzoquinone.
(f) Benzyl chloride.
(g) 2-Butanone.
(h) Ethyl ether.
(i) Formic acid.
(j) Hydrochloric acid.
(k) Hydriodic acid.
(l) Iodine.
(m) Lithium.
(n) Organic solvents, including, but not limited to, Coleman Fuel, camping fuel, ether, toluene, or lighter fluid.
(o) Organic cosolvents, including, but not limited to, glycerol, propylene glycol, or polyethylene glycol.
(p) Potassium dichromate.
(q) Potassium permanganate.
(r) Sodium.
(s) Sodium dichromate.
(t) Sodium borohydride.
(u) Sodium cyanoborohydride.
(v) Sodium hydroxide.
(w) Sulfuric acid.
History.—s. 2, ch. 91-279; s. 6, ch. 2001-57; s. 2, ch. 2003-15; s. 1, ch. 2005-128; s. 3, ch. 2016-105.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 893 - Drug Abuse Prevention and Control › 893.05 - Practitioners and Persons Administering Controlled Substances in Their Absence.

893.05 Practitioners and persons administering controlled substances in their absence.—
(1)(a) A practitioner, in good faith and in the course of his or her professional practice only, may prescribe, administer, dispense, mix, or otherwise prepare a controlled substance, or the practitioner may cause the controlled substance to be administered by a licensed nurse or an intern practitioner under his or her direction and supervision only.
(b) Pursuant to s. 458.347(4)(g), s. 459.022(4)(f), or s. 464.012(3), as applicable, a practitioner who supervises a licensed physician assistant or advanced practice registered nurse may authorize the licensed physician assistant or advanced practice registered nurse to order controlled substances for administration to a patient in a facility licensed under chapter 395 or part II of chapter 400.
(c) A veterinarian may prescribe, administer, dispense, mix, or prepare a controlled substance for use on animals only, and may cause the controlled substance to be administered by an assistant or orderly under the veterinarian’s direction and supervision only.
(d) A certified optometrist licensed under chapter 463 may not administer or prescribe a controlled substance listed in Schedule I or Schedule II of s. 893.03.
(2) When any controlled substance is dispensed by a practitioner, there shall be affixed to the original container in which the controlled substance is delivered a label on which appears:
(a) The date of delivery.
(b) The directions for use of such controlled substance.
(c) The name and address of such practitioner.
(d) The name of the patient and, if such controlled substance is prescribed for an animal, a statement describing the species of the animal.
(e) A clear, concise warning that it is a crime to transfer the controlled substance to any person other than the patient for whom prescribed.
(3) Any person who obtains from a practitioner or the practitioner’s agent, or pursuant to prescription, any controlled substance for administration to a patient during the absence of such practitioner shall return to such practitioner any unused portion of such controlled substance when it is no longer required by the patient.
History.—s. 5, ch. 73-331; s. 1437, ch. 97-102; s. 13, ch. 2013-26; s. 11, ch. 2015-34; s. 30, ch. 2016-105; s. 7, ch. 2016-145; s. 84, ch. 2018-106.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 893 - Drug Abuse Prevention and Control › 893.06 - Distribution of Controlled Substances; Order Forms; Labeling and Packaging Requirements.

893.06 Distribution of controlled substances; order forms; labeling and packaging requirements.—
(1) Controlled substances in Schedules I and II shall be distributed by a duly licensed manufacturer, distributor, or wholesaler to a duly licensed manufacturer, wholesaler, distributor, practitioner, pharmacy, as defined in chapter 465, hospital, or laboratory only pursuant to an order form. It shall be deemed a compliance with this subsection if the parties to the transaction have complied with federal law respecting the use of order forms.
(2) Possession or control of controlled substances obtained as authorized by this section shall be lawful if in the regular course of business, occupation, profession, employment, or duty.
(3) A person in charge of a hospital or laboratory or in the employ of this state or of any other state, or of any political subdivision thereof, and a master or other proper officer of a ship or aircraft, who obtains controlled substances under the provisions of this section or otherwise, shall not administer, dispense, or otherwise use such controlled substances within this state, except within the scope of her or his employment or official duty, and then only for scientific or medicinal purposes and subject to the provisions of this chapter.
(4) It shall be unlawful to distribute a controlled substance in a commercial container unless such container bears a label showing the name and address of the manufacturer, the quantity, kind, and form of controlled substance contained therein, and the identifying symbol for such substance, as required by federal law. No person except a pharmacist, for the purpose of dispensing a prescription, or a practitioner, for the purpose of dispensing a controlled substance to a patient, shall alter, deface, or remove any labels so affixed.
History.—s. 6, ch. 73-331; s. 1438, ch. 97-102.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 893 - Drug Abuse Prevention and Control › 893.065 - Counterfeit-Resistant Prescription Blanks for Controlled Substances Listed in Schedule Ii, Schedule Iii, Schedule Iv, or Schedule V.

893.065 Counterfeit-resistant prescription blanks for controlled substances listed in Schedule II, Schedule III, Schedule IV, or Schedule V.—The Department of Health shall develop and adopt by rule the form and content for a counterfeit-resistant prescription blank which must be used by practitioners for the purpose of prescribing a controlled substance listed in Schedule II, Schedule III, Schedule IV, or Schedule V pursuant to s. 456.42. The Department of Health may require the prescription blanks to be printed on distinctive, watermarked paper and to bear the preprinted name, address, and category of professional licensure of the practitioner and that practitioner’s federal registry number for controlled substances. The prescription blanks may not be transferred.
History.—s. 4, ch. 2007-156; s. 24, ch. 2011-141.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 893 - Drug Abuse Prevention and Control › 893.08 - Exceptions.

893.08 Exceptions.—
(1) The following may be distributed at retail without a prescription, but only by a registered pharmacist:
(a) Any compound, mixture, or preparation described in Schedule V.
(b) Any compound, mixture, or preparation containing any depressant or stimulant substance described in s. 893.03(2)(a) or (c) except any amphetamine drug or sympathomimetic amine drug or compound designated as a Schedule II controlled substance pursuant to this chapter; in s. 893.03(3)(a); or in Schedule IV, if:
1. The compound, mixture, or preparation contains one or more active medicinal ingredients not having depressant or stimulant effect on the central nervous system, and
2. Such ingredients are included therein in such combinations, quantity, proportion, or concentration as to vitiate the potential for abuse of the controlled substances which do have a depressant or stimulant effect on the central nervous system.
(2) No compound, mixture, or preparation may be dispensed under subsection (1) unless such substance may, under the Federal Food, Drug, and Cosmetic Act, be lawfully sold at retail without a prescription.
(3) The exemptions authorized by this section shall be subject to the following conditions:
(a) The compounds, mixtures, and preparations referred to in subsection (1) may be dispensed to persons under age 18 only on prescription. A bound volume must be maintained as a record of sale at retail of excepted compounds, mixtures, and preparations, and the pharmacist must require suitable identification from every unknown purchaser.
(b) Such compounds, mixtures, and preparations shall be sold by the pharmacist in good faith as a medicine and not for the purpose of evading the provisions of this chapter. The pharmacist may, in his or her discretion, withhold sale to any person whom the pharmacist reasonably believes is attempting to purchase excepted compounds, mixtures, or preparations for the purpose of abuse.
(c) The total quantity of controlled substance listed in Schedule V which may be sold to any one purchaser within a given 48-hour period shall not exceed 120 milligrams of codeine, 60 milligrams dihydrocodeine, 30 milligrams of ethyl morphine, or 240 milligrams of opium.
(d) Nothing in this section shall be construed to limit the kind and quantity of any controlled substance that may be prescribed, administered, or dispensed to any person, or for the use of any person or animal, when it is prescribed, administered, or dispensed in compliance with the general provisions of this chapter.
(4) The dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan) shall not be deemed to be included in any schedule by reason of enactment of this chapter.
History.—s. 8, ch. 73-331; s. 1, ch. 77-174; s. 6, ch. 80-354; s. 4, ch. 89-281; s. 2, ch. 93-92; s. 1440, ch. 97-102; s. 105, ch. 97-264; s. 12, ch. 99-186.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 893 - Drug Abuse Prevention and Control › 893.09 - Enforcement.

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.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 893 - Drug Abuse Prevention and Control › 893.10 - Burden of Proof; Photograph or Video Recording of Evidence.

893.10 Burden of proof; photograph or video recording of evidence.—
(1) It is not necessary for the state to negative any exemption or exception set forth in this chapter in any indictment, information, or other pleading or in any trial, hearing, or other proceeding under this chapter, and the burden of going forward with the evidence with respect to any exemption or exception is upon the person claiming its benefit.
(2) In the prosecution of an offense involving the manufacture of a controlled substance, a photograph or video recording of the manufacturing equipment used in committing the offense, including, but not limited to, grow lights, growing trays, and chemical fertilizers, may be introduced as competent evidence of the existence and use of the equipment and is admissible in the prosecution of the offense to the same extent as if the property were introduced as evidence.
(3) After a law enforcement agency documents the manufacturing equipment by photography or video recording, the manufacturing equipment may be destroyed on site and left in disrepair. The law enforcement agency destroying the equipment is immune from civil liability for the destruction of the equipment. The destruction of the equipment must be recorded by the supervising law enforcement officer in the manner described in s. 893.12(1)(a), and records must be maintained for 24 months.
History.—s. 10, ch. 73-331; s. 1442, ch. 97-102; s. 3, ch. 2008-184; s. 19, ch. 2010-117.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 893 - Drug Abuse Prevention and Control › 893.101 - Legislative Findings and Intent.

893.101 Legislative findings and intent.—
(1) The Legislature finds that the cases of Scott v. State, Slip Opinion No. SC94701 (Fla. 2002) and Chicone v. State, 684 So. 2d 736 (Fla. 1996), holding that the state must prove that the defendant knew of the illicit nature of a controlled substance found in his or her actual or constructive possession, were contrary to legislative intent.
(2) The Legislature finds that knowledge of the illicit nature of a controlled substance is not an element of any offense under this chapter. Lack of knowledge of the illicit nature of a controlled substance is an affirmative defense to the offenses of this chapter.
(3) In those instances in which a defendant asserts the affirmative defense described in this section, the possession of a controlled substance, whether actual or constructive, shall give rise to a permissive presumption that the possessor knew of the illicit nature of the substance. It is the intent of the Legislature that, in those cases where such an affirmative defense is raised, the jury shall be instructed on the permissive presumption provided in this subsection.
History.—s. 1, ch. 2002-258.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 893 - Drug Abuse Prevention and Control › 893.105 - Testing and Destruction of Seized Substances.

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.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 893 - Drug Abuse Prevention and Control › 893.131 - Distribution of Controlled Substances Resulting in Overdose or Serious Bodily Injury.

893.131 Distribution of controlled substances resulting in overdose or serious bodily injury.—
(1) As used in this section, the term:
(a) “Distribute” has the same meaning as in s. 893.02, and includes the direct or indirect delivery of a controlled substance to a user.
(b) “Emergency opioid antagonist” has the same meaning as in s. 381.887(1).
(c) “Medical care” means the administration of treatment for the purposes of preserving or sustaining life or the administration of an emergency opioid antagonist.
(d) “Overdose or serious bodily injury” means drug toxicity or a physical condition that creates a substantial risk of death or substantial loss or impairment of the function of any bodily member or organ.
(e) “Substantial factor” means that the use of a substance or mixture alone is sufficient to cause an overdose or serious bodily injury, regardless of whether any other substance or mixture used is also sufficient to cause an overdose or serious bodily injury.
(2)(a) Except as provided in paragraph (b), a person 18 years of age or older who unlawfully distributes:
1. Heroin, as described in s. 893.03(1)(b)11.;
2. Alfentanil, as described in s. 893.03(2)(b)1.;
3. Carfentanil, as described in s. 893.03(2)(b)6.;
4. Fentanyl, as described in s. 893.03(2)(b)9.;
5. Sufentanil, as described in s. 893.03(2)(b)30.;
6. Fentanyl derivatives, as described in s. 893.03(1)(a)62.;
7. A controlled substance analog, as described in s. 893.0356, of any substance specified in subparagraphs 1.-6.; or
8. A mixture containing any substance specified in subparagraphs 1.-7.,
and an overdose or serious bodily injury of the user results, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, when such substance or mixture is proven to have caused or been a substantial factor in causing the overdose or serious bodily injury of the user.
(b) A person 18 years of age or older who commits a violation of paragraph (a) and who has previously been convicted of a violation of paragraph (a) commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) The administration of medical care by an emergency responder, including, but not limited to, a law enforcement officer, a paramedic, or an emergency medical technician is prima facie evidence that the person receiving medical care experienced an overdose or serious bodily injury.
(4) A person who experiences, or has a good faith belief that he or she is experiencing, an alcohol-related or a drug-related overdose and receives medical assistance, or a person acting in good faith who seeks medical assistance for an individual experiencing, or believed to be experiencing, an alcohol-related or a drug-related overdose, is afforded the protections provided under s. 893.21.
History.—s. 2, ch. 2023-196.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 893 - Drug Abuse Prevention and Control › 893.1351 - Ownership, Lease, Rental, or Possession for Trafficking in or Manufacturing a Controlled Substance.

893.1351 Ownership, lease, rental, or possession for trafficking in or manufacturing a controlled substance.—
(1) A person may not own, lease, or rent any place, structure, or part thereof, trailer, or other conveyance with the knowledge that the place, structure, trailer, or conveyance will be used for the purpose of trafficking in a controlled substance, as provided in s. 893.135; for the sale of a controlled substance, as provided in s. 893.13; or for the manufacture of a controlled substance intended for sale or distribution to another. A person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) A person may not knowingly be in actual or constructive possession of any place, structure, or part thereof, trailer, or other conveyance with the knowledge that the place, structure, or part thereof, trailer, or conveyance will be used for the purpose of trafficking in a controlled substance, as provided in s. 893.135; for the sale of a controlled substance, as provided in s. 893.13; or for the manufacture of a controlled substance intended for sale or distribution to another. A person who violates this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) A person who is in actual or constructive possession of a place, structure, trailer, or conveyance with the knowledge that the place, structure, trailer, or conveyance is being used to manufacture a controlled substance intended for sale or distribution to another and who knew or should have known that a minor is present or resides in the place, structure, trailer, or conveyance commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) For the purposes of this section, proof of the possession of 25 or more cannabis plants constitutes prima facie evidence that the cannabis is intended for sale or distribution.
History.—s. 1, ch. 91-118; s. 10, ch. 99-188; s. 22, ch. 2000-320; s. 1, ch. 2002-212; s. 14, ch. 2005-128; s. 2, ch. 2008-184; s. 43, ch. 2016-105; s. 125, ch. 2019-167.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 893 - Drug Abuse Prevention and Control › 893.146 - Determination of Paraphernalia.

893.146 Determination of paraphernalia.—In determining whether an object is drug paraphernalia, a court or other authority or jury shall consider, in addition to all other logically relevant factors, the following:
(1) Statements by an owner or by anyone in control of the object concerning its use.
(2) The proximity of the object, in time and space, to a direct violation of this act.
(3) The proximity of the object to controlled substances.
(4) The existence of any residue of controlled substances on the object.
(5) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this act. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this act shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia.
(6) Instructions, oral or written, provided with the object concerning its use.
(7) Descriptive materials accompanying the object which explain or depict its use.
(8) Any advertising concerning its use.
(9) The manner in which the object is displayed for sale.
(10) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor of or dealer in tobacco products.
(11) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise.
(12) The existence and scope of legitimate uses for the object in the community.
(13) Expert testimony concerning its use.
History.—s. 2, ch. 80-30; s. 1445, ch. 97-102.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 893 - Drug Abuse Prevention and Control › 893.149 - Unlawful Possession of Listed Chemical.

893.149 Unlawful possession of listed chemical.—
(1) It is unlawful for any person to knowingly or intentionally:
(a) Possess a listed chemical with the intent to unlawfully manufacture a controlled substance;
(b) Possess or distribute a listed chemical knowing, or having reasonable cause to believe, that the listed chemical will be used to unlawfully manufacture a controlled substance.
(2) Any person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) This section does not apply to a public employee or private contractor authorized to clean up or dispose of hazardous waste or toxic substances resulting from the prohibited activities listed in s. 893.13(1)(g).
(4) Any damages arising out of the unlawful possession of, storage of, or tampering with a listed chemical, as defined in s. 893.033, shall be the sole responsibility of the person or persons unlawfully possessing, storing, or tampering with the listed chemical. In no case shall liability for damages arising out of the unlawful possession of, storage of, or tampering with a listed chemical extend to the lawful owner, installer, maintainer, designer, manufacturer, possessor, or seller of the listed chemical, unless such damages arise out of the acts or omissions of the owner, installer, maintainer, designer, manufacturer, possessor, or seller which constitute negligent misconduct or failure to abide by the laws regarding the possession or storage of a listed chemical.
History.—s. 5, ch. 91-279; s. 3, ch. 2003-15; s. 4, ch. 2005-128; s. 35, ch. 2016-105.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 893 - Drug Abuse Prevention and Control › 893.15 - Rehabilitation.

893.15 Rehabilitation.—Any person who violates s. 893.13(6)(a) or (b) relating to possession may, in the discretion of the trial judge, be required to participate in a substance abuse services program approved or regulated by the Department of Children and Families pursuant to the provisions of chapter 397, provided the director of such program approves the placement of the defendant in such program. Such required participation shall be imposed in addition to any penalty or probation otherwise prescribed by law. However, the total time of such penalty, probation, and program participation shall not exceed the maximum length of sentence possible for the offense.
History.—s. 15, ch. 73-331; s. 46, ch. 91-110; s. 40, ch. 93-39; s. 3, ch. 94-107; s. 39, ch. 97-194; s. 304, ch. 99-8; s. 306, ch. 2014-19; s. 45, ch. 2016-105.