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The Florida Senate

2004 Florida Statutes

Section 893.10, Florida Statutes 2004

893.10  Burden of proof.--

(1)  It shall not be 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 such exemption or exception shall be upon the person claiming its benefit.

(2)  In the case of a person charged under 1s. 893.14(1) with the possession of a controlled substance, the label required under s. 893.04(1) or s. 893.05(2) shall be admissible in evidence and shall be prima facie evidence that such substance was obtained pursuant to a valid prescription form or dispensed by a practitioner while acting in the course of his or her professional practice.

History.--s. 10, ch. 73-331; s. 1442, ch. 97-102.

1Note.--Repealed by s. 14, ch. 80-409.