Fla. Stat. 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.

Source: Section 893.10 — Burden of proof; photograph or video recording of evidence, https://www.­flsenate.­gov/Laws/Statutes/2024/0893.­10 (accessed Aug. 7, 2025).

893.01
Short title 893.02
Definitions 893.03
Standards and schedules 893.04
Pharmacist and practitioner 893.05
Practitioners and persons administering controlled substances in their absence 893.06
Distribution of controlled substances 893.07
Records 893.08
Exceptions 893.09
Enforcement 893.10
Burden of proof 893.11
Suspension, revocation, and reinstatement of business and professional licenses 893.12
Contraband 893.13
Prohibited acts 893.15
Rehabilitation 893.015
Statutory references 893.20
Continuing criminal enterprise 893.21
Alcohol-related or drug-related overdoses 893.30
Controlled substance safety education and awareness 893.031
Industrial exceptions to controlled substance scheduling 893.033
Listed chemicals 893.035
Control of new substances 893.055
Prescription drug monitoring program 893.065
Counterfeit-resistant prescription blanks for controlled substances listed in Schedule II, Schedule III, Schedule IV, or Schedule V 893.101
Legislative findings and intent 893.105
Testing and destruction of seized substances 893.131
Distribution of controlled substances resulting in overdose or serious bodily injury 893.132
Dangerous fentanyl exposure of first responder resulting in overdose or serious bodily injury 893.135
Trafficking 893.138
Local administrative action to abate certain activities declared public nuisances 893.145
“Drug paraphernalia” defined 893.146
Determination of paraphernalia 893.147
Use, possession, manufacture, delivery, transportation, advertisement, or retail sale of drug paraphernalia, specified machines, and materials 893.149
Unlawful possession of listed chemical 893.165
County alcohol and other drug abuse treatment or education trust funds 893.0301
Death resulting from apparent drug overdose 893.0355
Control of scheduled substances 893.0356
Control of new substances 893.0551
Public records exemption for the prescription drug monitoring program 893.1351
Ownership, lease, rental, or possession for trafficking in or manufacturing a controlled substance 893.1495
Retail sale of ephedrine and related compounds

Current through Fall 2025

§ 893.10. Burden of proof; photograph or video recording of evidence's source at flsenate​.gov