reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 932 - Provisions Supplemental to Criminal Procedure Law › 932.61 - Transfer of County or Municipal Charge to Court Providing Trial by Jury.

932.61 Transfer of county or municipal charge to court providing trial by jury.—A person charged in a court with a violation of a county or municipal ordinance for which no jury trial is provided may, when the violation of a county or municipal ordinance is also a violation of a state law, cause the transfer of the violation to the appropriate court in which a trial by jury is provided, in the following manner:
(1) Prior to the commencement of the trial in the court not providing trial by jury, the person charged, or his or her attorney, shall file a petition requesting transfer to the appropriate court providing trial by jury. The original petition shall be filed with the court where the charge is docketed and pending, and copies shall be furnished to the court where jury trial is provided and to the prosecuting authority of both courts.
(2) The petition shall be signed by the defendant or the defendant’s attorney and shall contain:
(a) The defendant’s name, age, and address;
(b) A description and citation of the charges filed against the defendant;
(c) A citation indicating that these charges also constitute a violation of state law;
(d) The date and amount of bond set, if any;
(e) An agreement to appear, answer, and attend the court to which the charge may be transferred;
(f) The date of incarceration, if incarcerated at the time of the making of the petition; and
(g) The demand for trial by jury.
(3) The judge of the court in which the person is charged shall entertain defendant’s petition forthwith and shall, upon finding the petition to be correct in all its allegations of fact, order by written endorsement on the petition the transfer of defendant’s cause to the appropriate court providing criminal jury trial jurisdiction.
(4) The clerk of the court not providing trial by jury, upon receipt of the judge’s order directing transfer, shall within 3 days transmit to the clerk of the court providing criminal jury trial jurisdiction all the original record materials, including bond and the petition to transfer, filed in the petitioner’s cause, certifying that they are all the original papers filed in the cause and kept by the clerk. The clerk of the court not providing trial by jury shall also transmit copies of all the record materials to the prosecuting attorney of the court providing jury trial jurisdiction to which defendant’s cause is being transferred. The clerk shall also furnish notice of transfer to the surety or bail bond agent, if there is one. Upon the entry of the order transferring the cause, it shall be the duty of the police authority of the court from which the cause is being transferred to transfer a complete and exact duplicate of all reports, records, and other papers relating to the cause to the prosecuting attorney of the court to which the cause is transferred.
History.—s. 1, ch. 70-372; s. 1565, ch. 97-102.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 932 - Provisions Supplemental to Criminal Procedure Law › 932.62 - Date for Arraignment Upon Transfer; Petitioner Not Incarcerated.

932.62 Date for arraignment upon transfer; petitioner not incarcerated.—If the person whose case is transferred is at liberty on bond or on his or her own recognizance, the appearance date for arraignment to the court to which the cause has been transferred shall be within 45 days from the date of transfer, and, if the defendant is on his or her own recognizance, the defendant shall sign an agreement to appear before the court to which the case is transferred as a part of his or her petition to transfer. If the defendant is at liberty on a cash or property bond, the clerk of the transferring court shall endorse the new returnable date on its face prior to transfer.
History.—s. 1, ch. 70-372; s. 1566, ch. 97-102.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 932 - Provisions Supplemental to Criminal Procedure Law › 932.63 - Filing of Charges; Petitioner Not Incarcerated.

932.63 Filing of charges; petitioner not incarcerated.—If the petitioner is not incarcerated, the prosecuting attorney shall, within 30 days of receipt of the petition, after due and diligent consideration and investigation of defendant’s cause, file charges on behalf of the state against the defendant in the court providing criminal jury trial jurisdiction, or shall decline to file charges against the defendant, and the cause shall be dismissed upon the filing of a no true bill by the prosecuting attorney with the clerk. Upon failure of the prosecuting attorney to take action within 30 days, the cause shall be dismissed by the clerk of the court in which the cause is pending.
History.—s. 1, ch. 70-372.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 932 - Provisions Supplemental to Criminal Procedure Law › 932.64 - Transfer of Surety Bond.

932.64 Transfer of surety bond.—With the written consent of the bond agent, surety bonds shall be transferred and made returnable to the court in which trial by jury is provided.
History.—s. 1, ch. 70-372; s. 1567, ch. 97-102.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 932 - Provisions Supplemental to Criminal Procedure Law › 932.65 - Filing Formal Charges; Petitioner Incarcerated.

932.65 Filing formal charges; petitioner incarcerated.—When a person is incarcerated for a violation of a county or municipal ordinance and fails, or is otherwise unable, to be released on bond and requests a trial by jury, the person shall be transferred within 5 days to the jail facilities of the criminal court providing trial by jury. The prosecuting authority shall file formal charges within 3 days of the transfer of the person who fails, or is unable to post bond. Upon the failure or inability of the prosecuting authority to file charges, the person incarcerated shall be released and the provisions of s. 932.62, shall apply. It shall be the responsibility of the jailer releasing the prisoner to have the prisoner execute and sign an agreement to appear before the court to which his or her case has been transferred in accordance with s. 932.62.
History.—s. 1, ch. 70-372; s. 1568, ch. 97-102.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 932 - Provisions Supplemental to Criminal Procedure Law › 932.66 - Suggested Forms for Transfer.

932.66 Suggested forms for transfer.—The petition for transfer, order of transfer, and agreement of bail bond agent to transfer bond shall be substantially as follows:
PETITION FOR TRANSFER TO COURT
PROVIDING TRIAL BY JURY
IN THE   COURT,   FLORIDA
I,   (Name)  , am   (Age)   years of age and I reside at   (Address)  . I was arrested on   (Date)  ,   (Year)  , and am charged in this court with   (Description and number of each county or municipal ordinance)  . I am presently incarcerated in the   (Jail)   awaiting trial on the charge(s) listed above.
—OR—
I am at liberty on (surety bond) (cash bond) (my own recognizance). My bail bond agent is   (Name)
(Address)
I am due to appear in this court on   (Date)   for   (Type of appearance)  .
My charge(s) in this court constitute a violation of the criminal laws of the state as follows:
I desire a trial by jury and seek a transfer of the following charge(s)
to a court of this county providing criminal trial by jury.
I agree to appear in the court to which my case is transferred on   the   day of  ,   (Year)  .
(Signature of petitioner)
(Attorney for petitioner)
ORDER OF TRANSFER
This cause is hereby transferred to the   court at  , Florida.
DONE AND ORDERED this   day
of  ,   (Year)
(Judge)
AGREEMENT OF BAIL BOND AGENT TO
TRANSFER BOND TO COURT
PROVIDING TRIAL BY JURY
I,  , a duly licensed bail bond agent agree to the transfer of that certain bond   to   Court at  , Florida.
(Signature of bail bond agent)
History.—s. 1, ch. 70-372; s. 1569, ch. 97-102; s. 40, ch. 99-6.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 932 - Provisions Supplemental to Criminal Procedure Law › 932.702 - Unlawful to Transport, Conceal, or Possess Contraband Articles or to Acquire Real or Personal Property With Contraband Proceeds; Use of Vessel, Motor Vehicle, Aircraft, Other Personal Property, or Real Property.

932.702 Unlawful to transport, conceal, or possess contraband articles or to acquire real or personal property with contraband proceeds; use of vessel, motor vehicle, aircraft, other personal property, or real property.—It is unlawful:
(1) To transport, carry, or convey any contraband article in, upon, or by means of any vessel, motor vehicle, or aircraft.
(2) To conceal or possess any contraband article.
(3) To use any vessel, motor vehicle, aircraft, other personal property, or real property to facilitate the transportation, carriage, conveyance, concealment, receipt, possession, purchase, sale, barter, exchange, or giving away of any contraband article.
(4) To conceal, or possess, or use any contraband article as an instrumentality in the commission of or in aiding or abetting in the commission of any felony or violation of the Florida Contraband Forfeiture Act.
(5) To acquire real or personal property by the use of proceeds obtained in violation of the Florida Contraband Forfeiture Act.
History.—s. 2, ch. 74-385; s. 2, ch. 80-68; s. 2, ch. 89-148; s. 2, ch. 92-54; s. 2, ch. 95-265.
Note.—Former s. 943.42.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 932 - Provisions Supplemental to Criminal Procedure Law › 932.705 - Law Enforcement Trust Funds; Department of Highway Safety and Motor Vehicles Deposits.

932.705 Law enforcement trust funds; Department of Highway Safety and Motor Vehicles deposits.—
(1)(a) There is created the Law Enforcement Trust Fund into which the Department of Highway Safety and Motor Vehicles may deposit revenues received as a result of criminal proceedings or forfeiture proceedings, other than revenues deposited into the department’s Federal Law Enforcement Trust Fund under paragraph (b).
(b)1. There is created the Federal Law Enforcement Trust Fund into which the Department of Highway Safety and Motor Vehicles may deposit receipts and revenues received as a result of federal criminal, administrative, or civil forfeiture proceedings and receipts and revenues received from federal asset-sharing programs. The trust fund is exempt from the service charges imposed by s. 215.20.
2. Notwithstanding the provisions of s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund at the end of that year and shall be available for carrying out the purposes of the trust fund.
(2) Each trust fund listed in subsection (1) which is subject to termination pursuant to the provisions of s. 19(f)(2), Art. III of the State Constitution shall be reviewed prior to its scheduled termination as provided in s. 215.3206(1) and (2).
History.—s. 2, ch. 87-401; s. 1, ch. 98-389; s. 2, ch. 2002-150.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 932 - Provisions Supplemental to Criminal Procedure Law › 932.706 - Forfeiture Training Requirements.

932.706 Forfeiture training requirements.—The Criminal Justice Standards and Training Commission shall develop a standardized course of training for basic recruits and continuing education which shall be designed to develop proficiency in the seizure and forfeiture of property under the Florida Contraband Forfeiture Act. The curriculum for the course of training and continuing education must include, but is not limited to, racial and ethnic sensitivity and a review of cases in this state which involve searches and seizures, the use of drug-courier profiles by law enforcement agencies, and the use of an order to stop based on a pretext.
History.—s. 6, ch. 92-54; s. 6, ch. 95-265; s. 145, ch. 2005-2.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 932 - Provisions Supplemental to Criminal Procedure Law › 932.7061 - Reporting Seized Property for Forfeiture.

932.7061 Reporting seized property for forfeiture.—
(1) Every law enforcement agency shall submit an annual report to the Department of Law Enforcement indicating whether the agency has seized or forfeited property under the Florida Contraband Forfeiture Act. A law enforcement agency receiving or expending forfeited property or proceeds from the sale of forfeited property in accordance with the Florida Contraband Forfeiture Act shall submit a completed annual report by December 1 documenting the receipts and expenditures. The report shall be submitted in an electronic form, maintained by the Department of Law Enforcement in consultation with the Office of Program Policy Analysis and Government Accountability, to the entity that has budgetary authority over such agency and to the Department of Law Enforcement. The annual report must, at a minimum, specify the type, approximate value, court case number, type of offense, disposition of property received, and amount of any proceeds received or expended.
(2) The Department of Law Enforcement shall submit an annual report to the Office of Program Policy Analysis and Government Accountability compiling the information and data in the annual reports submitted by the law enforcement agencies. The annual report shall also contain a list of law enforcement agencies that have failed to meet the reporting requirements and a summary of any action taken against the noncomplying agency by the office of Chief Financial Officer.
(3) The law enforcement agency and the entity having budgetary control over the law enforcement agency may not anticipate future forfeitures or proceeds therefrom in the adoption and approval of the budget for the law enforcement agency.
History.—s. 5, ch. 2016-179; s. 1, ch. 2018-92.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 932 - Provisions Supplemental to Criminal Procedure Law › 932.7062 - Penalty for Noncompliance With Reporting Requirements.

932.7062 Penalty for noncompliance with reporting requirements.—A seizing agency that fails to comply with the reporting requirements in s. 932.7061 is subject to a civil fine of $5,000, to be determined by the Chief Financial Officer and payable to the General Revenue Fund. However, such agency is not subject to the fine if, within 60 days after receipt of written notification from the Department of Law Enforcement of noncompliance with the reporting requirements of the Florida Contraband Forfeiture Act, the agency substantially complies with those requirements. The Department of Law Enforcement shall submit any substantial noncompliance to the office of Chief Financial Officer, which shall be responsible for the enforcement of this section.
History.—s. 6, ch. 2016-179.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 933 - Search and Inspection Warrants › 933.01 - Persons Competent to Issue Search Warrant.

933.01 Persons competent to issue search warrant.—A search warrant authorized by law may be issued by any judge, including the committing judge of the trial court having jurisdiction where the place, vehicle, or thing to be searched may be.
History.—RS 3006; GS 4082; RGS 6186; s. 3, ch. 9321, 1923; CGL 8500, 8505; s. 42, ch. 73-334; s. 35, ch. 2004-11.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 933 - Search and Inspection Warrants › 933.02 - Grounds for Issuance of Search Warrant.

933.02 Grounds for issuance of search warrant.—Upon proper affidavits being made, a search warrant may be issued under the provisions of this chapter upon any of the following grounds:
(1) When the property shall have been stolen or embezzled in violation of law;
(2) When any property shall have been used:
(a) As a means to commit any crime;
(b) In connection with gambling, gambling implements and appliances; or
(c) In violation of s. 847.011 or other laws in reference to obscene prints and literature;
(3) When any property constitutes evidence relevant to proving that a felony has been committed;
(4) When any property is being held or possessed:
(a) In violation of any of the laws prohibiting the manufacture, sale, and transportation of intoxicating liquors;
(b) In violation of the fish and game laws;
(c) In violation of the laws relative to food and drug; or
(d) In violation of the laws relative to citrus disease pursuant to s. 581.184; or
(5) When the laws in relation to cruelty to animals, as provided in chapter 828, have been or are violated in any particular building or place.
This section also applies to any papers or documents used as a means of or in aid of the commission of any offense against the laws of the state.
History.—s. 16, sub-ch. 8, ch. 1637, 1868; s. 6, ch. 3921, 1889; RS 3007, 3008; GS 4083, 4084; RGS 6187, 6188; s. 4, ch. 9321, 1923; CGL 8501, 8502, 8506; s. 2, ch. 74-318; s. 1, ch. 77-174; s. 2, ch. 2002-11; s. 2, ch. 2003-188; s. 7, ch. 2006-45; s. 3, ch. 2010-35; s. 8, ch. 2019-45.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 933 - Search and Inspection Warrants › 933.03 - Destruction of Obscene Prints and Literature.

933.03 Destruction of obscene prints and literature.—All obscene prints and literature, or other things mentioned in s. 847.011 found by an officer in executing a search warrant, or produced or brought into court, shall be safely kept so long as is necessary for the purpose of being used as evidence in any case, and as soon as may be afterwards, shall be destroyed by order of the court before whom the case is brought.
History.—s. 16, ch. 1637, 1868; RS 3007; GS 4083; RGS 6187; CGL 8501; s. 9, ch. 2019-45.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 933 - Search and Inspection Warrants › 933.04 - Affidavits.

933.04 Affidavits.—The right of the people to be secure in their persons, houses, papers and effects against unreasonable seizures and searches shall not be violated and no search warrant shall be issued except upon probable cause, supported by oath or affirmation particularly describing the place to be searched and the person and thing to be seized.
History.—s. 2, ch. 9321, 1923; CGL 8504.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 933 - Search and Inspection Warrants › 933.05 - Issuance in Blank Prohibited.

933.05 Issuance in blank prohibited.—A search warrant cannot be issued except upon probable cause supported by affidavit or affidavits, naming or describing the person, place, or thing to be searched and particularly describing the property or thing to be seized; no search warrant shall be issued in blank, and any such warrant shall be returned within 10 days after issuance thereof.
History.—s. 5, ch. 9321, 1923; CGL 8507.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 933 - Search and Inspection Warrants › 933.06 - Sworn Application Required Before Issuance.

933.06 Sworn application required before issuance.—The judge must, before issuing the warrant, have the application of some person for said warrant duly sworn to and subscribed, and may receive further testimony from witnesses or supporting affidavits, or depositions in writing, to support the application. The affidavit and further proof, if same be had or required, must set forth the facts tending to establish the grounds of the application or probable cause for believing that they exist.
History.—s. 6, ch. 9321, 1923; CGL 8508; s. 36, ch. 2004-11.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 933 - Search and Inspection Warrants › 933.07 - Issuance of Search Warrants.

933.07 Issuance of search warrants.—
(1) The judge, upon examination of the application and proofs submitted, if satisfied that probable cause exists for the issuing of the search warrant, shall thereupon issue a search warrant signed by him or her with his or her name of office, to any sheriff and the sheriff’s deputies or any police officer or other person authorized by law to execute process, commanding the officer or person forthwith to search the property described in the warrant or the person named, for the property specified, and to bring the property and any person arrested in connection therewith before the judge or some other court having jurisdiction of the offense.
(2) Notwithstanding any other provisions of this chapter, the Department of Agriculture and Consumer Services, based on grounds specified in s. 933.02(4)(d), may obtain a search warrant authorized by this chapter for an area in size up to and including the full extent of the county in which the search warrant is issued. The judge issuing such search warrant shall conduct a court proceeding prior to the issuance of such search warrant upon reasonable notice and shall receive, hear, and determine any objections by property owners to the issuance of such search warrant. Such search warrant may be served by employees or authorized contractors of the Department of Agriculture and Consumer Services. Such search warrant may be made returnable at any time up to 6 months from the date of issuance.
(3) A judge may electronically sign a search warrant if the requirements of subsection (1) or subsection (2) are met and the judge, based on an examination of the application and proofs submitted, determines that the application:
(a) Bears the affiant’s signature, or electronic signature if the application was submitted electronically.
(b) Is supported by an oath or affirmation administered by the judge or other person authorized by law to administer oaths.
(c) If submitted electronically, is submitted by reliable electronic means.
(4) A search warrant shall be deemed to be issued by a judge at the time the judge affixes the judge’s signature or electronic signature to the warrant. As used in this section, the term “electronic signature” has the same meaning as provided in s. 933.40.
History.—s. 7, ch. 9321, 1923; CGL 8509; s. 42, ch. 73-334; s. 1, ch. 79-131; s. 1570, ch. 97-102; s. 3, ch. 2002-11; s. 37, ch. 2004-11; s. 158, ch. 2007-5; s. 2, ch. 2013-247.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 933 - Search and Inspection Warrants › 933.08 - Search Warrants to Be Served by Officers Mentioned Therein.

933.08 Search warrants to be served by officers mentioned therein.—The search warrant shall in all cases be served by any of the officers mentioned in its direction, but by no other person except in aid of the officer requiring it, said officer being present and acting in its execution.
History.—s. 8, ch. 9321, 1923; CGL 8510.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 933 - Search and Inspection Warrants › 933.09 - Officer May Break Open Door, etc., to Execute Warrant.

933.09 Officer may break open door, etc., to execute warrant.—The officer may break open any outer door, inner door or window of a house, or any part of a house or anything therein, to execute the warrant, if after due notice of the officer’s authority and purpose he or she is refused admittance to said house or access to anything therein.
History.—s. 9, ch. 9321, 1923; s. 1, ch. 10273, 1925; CGL 8511; s. 1571, ch. 97-102.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 933 - Search and Inspection Warrants › 933.10 - Execution of Search Warrant During Day or Night.

933.10 Execution of search warrant during day or night.—A search warrant issued under this chapter may, if expressly authorized in such warrant by the judge, be executed by being served either in the daytime or in the nighttime, as the exigencies of the occasion may demand or require.
History.—s. 10, ch. 9321, 1923; CGL 8512; s. 38, ch. 2004-11.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 933 - Search and Inspection Warrants › 933.101 - Service on Sunday.

933.101 Service on Sunday.—A search warrant may be executed by being served on Sunday, if expressly authorized in such warrant by the judge.
History.—s. 1, ch. 57-289; s. 39, ch. 2004-11.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 933 - Search and Inspection Warrants › 933.11 - Duplicate to Be Delivered When Warrant Served.

933.11 Duplicate to be delivered when warrant served.—All search warrants shall be issued in duplicate. The duplicate shall be delivered to the officer with the original warrant, and when the officer serves the warrant, he or she shall deliver a copy to the person named in the warrant, or in his or her absence to some person in charge of, or living on the premises. When property is taken under the warrant the officer shall deliver to such person a written inventory of the property taken and receipt for the same, specifying the same in detail, and if no person is found in possession of the premises where such property is found, shall leave the said receipt on the premises.
History.—s. 11, ch. 9321, 1923; CGL 8513; s. 1572, ch. 97-102.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 933 - Search and Inspection Warrants › 933.12 - Return and Inventory.

933.12 Return and inventory.—Upon the return of the warrant the officer shall attach thereto or thereon a true inventory of the property taken under the warrant, and at the foot of the inventory shall verify the same by affidavit taken before some officer authorized to administer oaths, or before the issuing officer, said verification to be to the following effect:
I, A. B., the officer by whom the warrant was executed, do swear that the above inventory contains a true and detailed account of all the property taken by me on said warrant.
History.—s. 12, ch. 9321, 1923; CGL 8514.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 933 - Search and Inspection Warrants › 933.13 - Copy of Inventory Shall Be Delivered Upon Request.

933.13 Copy of inventory shall be delivered upon request.—The judge to whom the warrant is returned, upon the request of any claimant or any person from whom said property is taken, or the officer who executed the search warrant, shall deliver to said applicant a true copy of the inventory of the property mentioned in the return on said warrant.
History.—s. 13, ch. 9321, 1923; CGL 8515; s. 40, ch. 2004-11.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 933 - Search and Inspection Warrants › 933.15 - Obstruction of Service or Execution of Search Warrant; Penalty.

933.15 Obstruction of service or execution of search warrant; penalty.—Whoever shall knowingly and willfully obstruct, resist, or oppose any officer or person aiding such officer, in serving or attempting to serve or execute any search warrant, or shall assault, beat or wound any person or officer, or his or her deputies or assistants, knowing him or her to be such an officer or person so authorized, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 15, ch. 9321, 1923; CGL 7534; s. 1160, ch. 71-136; s. 1574, ch. 97-102.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 933 - Search and Inspection Warrants › 933.16 - Maliciously Procuring Search Warrant to Be Issued; Penalty.

933.16 Maliciously procuring search warrant to be issued; penalty.—Any person who maliciously and without probable cause procures a search warrant to be issued and executed shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 16, ch. 9321, 1923; CGL 7434; s. 1161, ch. 71-136.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 933 - Search and Inspection Warrants › 933.17 - Exceeding Authority in Executing Search Warrant; Penalty.

933.17 Exceeding authority in executing search warrant; penalty.—Any officer who in executing a search warrant willfully exceeds his or her authority or exercises it with unnecessary severity, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 17, ch. 9321, 1923; CGL 7519; s. 1162, ch. 71-136; s. 1575, ch. 97-102.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 933 - Search and Inspection Warrants › 933.18 - When Warrant May Be Issued for Search of Private Dwelling.

933.18 When warrant may be issued for search of private dwelling.—No search warrant shall issue under this chapter or under any other law of this state to search any private dwelling occupied as such unless:
(1) It is being used for the unlawful sale, possession, or manufacture of intoxicating liquor;
(2) Stolen or embezzled property is contained therein;
(3) It is being used to carry on gambling;
(4) It is being used to perpetrate frauds and swindles;
(5) The law relating to narcotics or drug abuse is being violated therein;
(6) A weapon, instrumentality, or means by which a felony has been committed, or evidence relevant to proving said felony has been committed, is contained therein;
(7) One or more of the following child abuse offenses is being committed there:
(a) Interference with custody, in violation of s. 787.03.
(b) Commission of an unnatural and lascivious act with a child, in violation of s. 800.02.
(c) Exposure of sexual organs to a child, in violation of s. 800.03.
(8) It is in part used for some business purpose such as a store, shop, saloon, restaurant, hotel, boardinghouse, or lodginghouse;
(9) It is being used for the unlawful sale, possession, or purchase of wildlife, saltwater products, or freshwater fish being unlawfully kept therein;
(10) The laws in relation to cruelty to animals, as provided in chapter 828, have been or are being violated therein; or
(11) An instrumentality or means by which sexual cyberharassment has been committed in violation of s. 784.049, or evidence relevant to proving that sexual cyberharassment has been committed in violation of s. 784.049, is contained therein.
If, during a search pursuant to a warrant issued under this section, a child is discovered and appears to be in imminent danger, the law enforcement officer conducting such search may remove the child from the private dwelling and take the child into protective custody pursuant to chapter 39. The term “private dwelling” shall be construed to include the room or rooms used and occupied, not transiently but solely as a residence, in an apartment house, hotel, boardinghouse, or lodginghouse. No warrant shall be issued for the search of any private dwelling under any of the conditions hereinabove mentioned except on sworn proof by affidavit of some creditable witness that he or she has reason to believe that one of said conditions exists, which affidavit shall set forth the facts on which such reason for belief is based.
History.—s. 19, ch. 9321, 1923; s. 2, ch. 10273, 1925; CGL 8518; s. 1, ch. 57-418; s. 1, ch. 67-348; s. 1, ch. 69-18; s. 1, ch. 74-318; s. 1, ch. 78-126; s. 1, ch. 78-345; s. 1, ch. 86-93; s. 1, ch. 88-298; s. 59, ch. 88-381; s. 4, ch. 93-4; s. 1576, ch. 97-102; s. 161, ch. 98-403; s. 3, ch. 2003-188; s. 3, ch. 2006-114; s. 28, ch. 2010-117; s. 3, ch. 2015-24; s. 4, ch. 2019-53.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 933 - Search and Inspection Warrants › 933.19 - Searches and Seizures of Vehicles Carrying Contraband or Illegal Intoxicating Liquors or Merchandise.

933.19 Searches and seizures of vehicles carrying contraband or illegal intoxicating liquors or merchandise.—
(1) The provisions of the opinion rendered by the Supreme Court of the United States on March 2, 1925, in that certain cause wherein George Carroll and John Kiro were plaintiffs in error and the United States was defendant in error, reported in 267 United States Reports, beginning at page 132, relative to searches and seizures of vehicles carrying contraband or illegal intoxicating liquors or merchandise, and construing the Fourth Amendment to the Constitution of the United States, are adopted as the statute law of the state applicable to searches and seizures under s. 12, Art. I of the State Constitution, when searches and seizures shall be made by any duly authorized and constituted bonded officer of this state exercising police authority in the enforcement of any law of the state relative to the unlawful transportation or hauling of intoxicating liquors or other contraband or illegal drugs or merchandise prohibited or made unlawful or contraband by the laws of the state.
(2) The same rules as to admissibility of evidence and liability of officers for illegal or unreasonable searches and seizures as were laid down in said case by the Supreme Court of the United States shall apply to and govern the rights, duties and liabilities of officers and citizens in the state under the like provisions of the State Constitution relating to searches and seizures.
(3) All points of law decided in the aforesaid case relating to the construction or interpretation of the provisions of the Constitution of the United States relative to searches and seizures of vehicles carrying contraband or illegal intoxicating liquors or merchandise shall be taken to be the law of the state enacted by the Legislature to govern and control such subject.
History.—s. 1, ch. 12257, 1927; CGL 7644; s. 2, ch. 69-216.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 933 - Search and Inspection Warrants › 933.20 - “Inspection Warrant”; Definition.

933.20 “Inspection warrant”; definition.—As used in ss. 933.20-933.30, “inspection warrant” means an order in writing, in the name of the people, signed by a person competent to issue search warrants pursuant to s. 933.01, and directed to a state or local official, commanding him or her to conduct an inspection required or authorized by state or local law or rule relating to municipal or county building, fire, safety, environmental, animal control, land use, plumbing, electrical, health, minimum housing, or zoning standards.
History.—s. 1, ch. 82-8; s. 18, ch. 89-268; s. 1577, ch. 97-102.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 933 - Search and Inspection Warrants › 933.21 - Requirements for Issuance of Inspection Warrant.

933.21 Requirements for issuance of inspection warrant.—An inspection warrant shall be issued only upon cause, supported by affidavit, particularly describing the place, dwelling, structure, or premises to be inspected and the purpose for which the inspection is to be made. In addition, the affidavit shall contain a statement that consent to inspect has been sought and refused or a statement setting forth facts or circumstances reasonably justifying the failure to seek such consent. Owner-occupied family residences are exempt from the provisions of this act.
History.—s. 1, ch. 82-8.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 933 - Search and Inspection Warrants › 933.22 - When Cause Deemed to Exist.

933.22 When cause deemed to exist.—Cause shall be deemed to exist if reasonable legislative or administrative standards for conducting a routine or area inspection are satisfied with respect to the particular place, dwelling, structure, or premises or if there is reason to believe that a condition of nonconformity exists with respect to the particular place, dwelling, structure, or premises which condition would constitute a violation of a state or local law or rule relating to municipal or county building, fire, safety, environmental, animal control, land use, plumbing, electrical, health, minimum housing, or zoning standards.
History.—s. 1, ch. 82-8; s. 19, ch. 89-268.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 933 - Search and Inspection Warrants › 933.23 - Examination of Applicant for Inspection Warrant.

933.23 Examination of applicant for inspection warrant.—Before issuing an inspection warrant, the judge shall examine on oath the applicant and any other witness and shall satisfy himself or herself of the existence of grounds for granting such application.
History.—s. 1, ch. 82-8; s. 1578, ch. 97-102.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 933 - Search and Inspection Warrants › 933.24 - Issuance of Inspection Warrant; Contents.

933.24 Issuance of inspection warrant; contents.—If the judge is satisfied that cause for the inspection exists, he or she may issue the warrant particularly describing the place, dwelling, structure, or premises to be inspected and designating on the warrant the purpose and limitations of the inspection, including the limitations required by this act.
History.—s. 1, ch. 82-8; s. 1579, ch. 97-102.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 933 - Search and Inspection Warrants › 933.25 - Duration of Inspection Warrant.

933.25 Duration of inspection warrant.—An inspection warrant shall be effective for the time specified therein, but not for a period of more than 14 days unless it is extended or renewed by the judge who signed and issued the original warrant upon satisfying himself or herself that such extension or renewal is in the public interest. Such inspection warrant must be executed and returned to the judge by whom it was issued within the time specified in the warrant or within the extended or renewed time. After the expiration of such time, the warrant, unless executed, is void.
History.—s. 1, ch. 82-8; s. 1580, ch. 97-102.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 933 - Search and Inspection Warrants › 933.26 - Conduct of Inspection; Notice.

933.26 Conduct of inspection; notice.—An inspection pursuant to a warrant shall not be made between 6 p.m. of any day and 8 a.m. of the succeeding day; on Saturday, Sunday, or any legal holiday; or in the absence of an owner or occupant over the age of 18 years of the particular place, dwelling, structure, or premises unless specifically authorized by the judge upon a showing that such authority is reasonably necessary to effectuate the purpose of the rule being enforced. An inspection pursuant to a warrant shall not be made by means of forcible entry, except that the judge may expressly authorize a forcible entry when facts are shown which are sufficient to create a reasonable suspicion of a violation of a state or local law or rule relating to municipal or county building, fire, safety, environmental, animal control, land use, plumbing, electrical, health, minimum housing, or zoning standards which, if such violation existed, would be an immediate threat to health or safety or when facts are shown establishing that reasonable attempts to serve a previous warrant have been unsuccessful. When prior consent has been sought and refused, notice that a warrant has been issued shall be given at least 24 hours before the warrant is executed. Immediate execution of a warrant shall be prohibited except when necessary to prevent loss of life or property.
History.—s. 1, ch. 82-8; s. 20, ch. 89-268.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 933 - Search and Inspection Warrants › 933.27 - Refusal to Permit Authorized Inspection; Penalty.

933.27 Refusal to permit authorized inspection; penalty.—Any person who willfully refuses to permit an inspection authorized by a warrant issued pursuant to this act is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 82-8; s. 226, ch. 91-224.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 933 - Search and Inspection Warrants › 933.28 - Maliciously Causing Issuance of Inspection Warrant; Penalty.

933.28 Maliciously causing issuance of inspection warrant; penalty.—Any person who maliciously, or with knowledge that cause to issue an inspection warrant does not exist, causes the issuance of an inspection warrant by executing a supporting affidavit or by directing or requesting another to execute a supporting affidavit, or who maliciously causes an inspection warrant to be executed and served for purposes other than defined in this act, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 82-8; s. 227, ch. 91-224.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 933 - Search and Inspection Warrants › 933.29 - Powers of State Agency Not Restricted.

933.29 Powers of state agency not restricted.—Nothing contained herein shall be construed to restrict the powers granted by general law to an agency of the state, or to a unit of local government acting on behalf of such agency pursuant to a contract with the agency, to conduct inspections with or without warrant as authorized by general law.
History.—s. 1, ch. 82-8.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 933 - Search and Inspection Warrants › 933.30 - Inspector; Restrictions on Giving Information, Testifying, Etc.

933.30 Inspector; restrictions on giving information, testifying, etc.—A person performing an inspection pursuant to the authority of this act shall not give information as a confidential informer, testify as a witness, or execute an affidavit as a predicate for the issuance of a criminal search warrant or for probable cause to search any dwelling or other building without a criminal search warrant.
History.—s. 1, ch. 82-8.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 934 - Security of Communications; Surveillance › 934.01 - Legislative Findings.

934.01 Legislative findings.—On the basis of its own investigations and of published studies, the Legislature makes the following findings:
(1) Wire communications are normally conducted through the use of facilities which form part of an intrastate network. The same facilities are used for interstate and intrastate communications.
(2) In order to protect effectively the privacy of wire and oral communications, to protect the integrity of court and administrative proceedings, and to prevent the obstruction of intrastate commerce, it is necessary for the Legislature to define the circumstances and conditions under which the interception of wire and oral communications may be authorized and to prohibit any unauthorized interception of such communications and the use of the contents thereof in evidence in courts and administrative proceedings.
(3) Organized criminals make extensive use of wire and oral communications in their criminal activities. The interception of such communications to obtain evidence of the commission of crimes or to prevent their commission is an indispensable aid to law enforcement and the administration of justice.
(4) To safeguard the privacy of innocent persons, the interception of wire or oral communications when none of the parties to the communication has consented to the interception should be allowed only when authorized by a court of competent jurisdiction and should remain under the control and supervision of the authorizing court. Interception of wire and oral communications should further be limited to certain major types of offenses and specific categories of crime with assurance that the interception is justified and that the information obtained thereby will not be misused.
History.—s. 1, ch. 69-17.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 934 - Security of Communications; Surveillance › 934.04 - Manufacture, Distribution, or Possession of Wire, Oral, or Electronic Communication Intercepting Devices Prohibited.

934.04 Manufacture, distribution, or possession of wire, oral, or electronic communication intercepting devices prohibited.—
(1) Except as otherwise specifically provided in this chapter, any person who intentionally:
(a) Sends through the mail or otherwise sends or carries any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the illegal interception of wire, oral, or electronic communications as specifically defined by this chapter; or
(b) Manufactures, assembles, possesses, or sells any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the illegal interception of wire, oral, or electronic communications as specifically defined by this chapter;
shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) It is not unlawful under this section for:
(a) A provider of wire or electronic communication service or an officer, agent, or employee of, or a person under contract with, such a provider, in the normal course of the business of providing that wire or electronic communication service; or
(b) An officer, agent, or employee of, or a person under contract with, bidding upon contracts with, or in the course of doing business with, the United States, a state, or a political subdivision thereof, in the normal course of the activities of the United States, a state, or a political subdivision thereof,
to send through the mail; send or carry in intrastate, interstate, or foreign commerce; or manufacture, assemble, possess, or sell any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, oral, or electronic communications.
History.—s. 4, ch. 69-17; s. 1164, ch. 71-136; s. 3, ch. 88-184; s. 3, ch. 89-269.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 934 - Security of Communications; Surveillance › 934.05 - Confiscation of Wire, Oral, or Electronic Communication Intercepting Devices.

934.05 Confiscation of wire, oral, or electronic communication intercepting devices.—Any electronic, mechanical, or other device used, sent, carried, manufactured, assembled, possessed, or sold in violation of this chapter may be seized and forfeited to the state.
History.—s. 5, ch. 69-17; s. 4, ch. 88-184.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 934 - Security of Communications; Surveillance › 934.06 - Prohibition of Use as Evidence of Intercepted Wire or Oral Communications; Exception.

934.06 Prohibition of use as evidence of intercepted wire or oral communications; exception.—Whenever any wire or oral communication has been intercepted, no part of the contents of such communication and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the state, or a political subdivision thereof, if the disclosure of that information would be in violation of this chapter. The prohibition of use as evidence provided in this section does not apply in cases of prosecution for criminal interception in violation of the provisions of this chapter.
History.—s. 6, ch. 69-17; s. 4, ch. 89-269.