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The Florida Senate

2006 Florida Statutes

SECTION 761
Issuance of warrant for search of private dwelling.
Section 372.761, Florida Statutes 2006

372.761  Issuance of warrant for search of private dwelling.--

(1)  A search warrant may be issued on application by a commissioned officer of the Fish and Wildlife Conservation Commission to search any private dwelling occupied as such when it is being used for the unlawful sale or purchase of wildlife or freshwater fish being unlawfully kept therein. 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 for the search of any private dwelling shall be issued except upon probable cause supported by sworn affidavit of some creditable witness that she or he has reason to believe that the said conditions exist, which affidavit shall set forth the facts on which such reason for belief is based.

(2)  This section shall not be construed as being in conflict with, but is supplemental to, chapter 933.

History.--s. 1, ch. 70-383; s. 585, ch. 95-148; s. 160, ch. 99-245.