The Florida Senate

893.10  Burden of proof; photograph or video recording of evidence.--

(1)  It is not necessary for the state to ¹negate 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 case of a person charged under ²s. 893.14(1) with the possession of a controlled substance, the label required under s. 893.04(1) or s. 893.05(2) is admissible in evidence and 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.

(3)  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.

(4)  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.

¹Note.--The word "negate" was substituted for the word "negative" by the editors.

²Note.--Repealed by s. 14, ch. 80-409.