Senate Bill sb1926

    Florida Senate - 2002                                  SB 1926

    By Senator Posey





    15-1248-02

  1                      A bill to be entitled

  2         An act relating to citrus canker; amending s.

  3         933.02, F.S.; providing grounds for issuance of

  4         search warrants relating to the spread of

  5         citrus canker; amending s. 933.07, F.S.;

  6         authorizing the department to obtain a search

  7         warrant and requiring a public hearing prior to

  8         the issuance of such search warrant; providing

  9         an effective date.

10

11  Be It Enacted by the Legislature of the State of Florida:

12

13         Section 1.  Section 933.02, Florida Statutes, is

14  amended to read:

15         933.02  Grounds for issuance of search warrant.--Upon

16  proper affidavits being made, a search warrant may be issued

17  under the provisions of this chapter upon any of the following

18  grounds:

19         (1)  When the property shall have been stolen or

20  embezzled in violation of law;

21         (2)  When any property shall have been used:

22         (a)  As a means to commit any crime,

23         (b)  In connection with gambling, gambling implements

24  and appliances, or

25         (c)  In violation of s. 847.011 or other laws in

26  reference to obscene prints and literature;

27         (3)  When any property constitutes evidence relevant to

28  proving that a felony has been committed;

29         (4)  When any property is being held or possessed:

30

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    Florida Senate - 2002                                  SB 1926
    15-1248-02




  1         (a)  In violation of any of the laws prohibiting the

  2  manufacture, sale, and transportation of intoxicating liquors,

  3  or

  4         (b)  In violation of the fish and game laws, or

  5         (c)  In violation of the laws relative to food and

  6  drug, or;

  7         (d)  In violation of a quarantine for citrus canker

  8  pursuant to s. 581.184, or

  9         (e)  Which may be inspected, treated, seized, or

10  destroyed pursuant to s. 581.184; or

11         (5)  When the laws in relation to cruelty to animals

12  have been or are violated in any particular building or place,

13  but no search shall be made in such building or place after

14  sunset, unless specially authorized by the officer issuing the

15  warrant upon satisfactory cause shown; in which case such

16  property may be taken on the warrant so issued from any house

17  or place in which it is concealed, or from any vehicle,

18  aircraft, or watercraft in which it may be found, or from the

19  possession of any person by whom it shall have been used in

20  the commission of any offense or from any person in whose

21  possession it may be.

22

23  The provisions of this section shall apply also to any papers

24  or documents used as a means of or in aid of the commission of

25  any offense against the laws of the state.

26         Section 2.  Section 933.07, Florida Statutes, is

27  amended to read:

28         933.07  Issuance of search warrants.--

29         (1)  The judge, upon examination of the application and

30  proofs submitted, if satisfied that probable cause exists for

31  the issuing of the search warrant, shall thereupon issue a

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    Florida Senate - 2002                                  SB 1926
    15-1248-02




  1  search warrant signed by him or her with his or her name of

  2  office, to any sheriff and the sheriff's deputies or any

  3  police officer or other person authorized by law to execute

  4  process, commanding the officer or person forthwith to search

  5  the property described in the warrant or the person named, for

  6  the property specified, and to bring the property and any

  7  person arrested in connection therewith before the magistrate

  8  or some other court having jurisdiction of the offense.

  9         (2)  Notwithstanding any other provisions of this

10  chapter, the Department of Agriculture and Consumer Services,

11  based on grounds specified in s. 933.02(4)(d) or (e), may

12  obtain a search warrant authorized by this chapter for an area

13  in size up to and including the full extent of the county in

14  which the search warrant is issued. The judge issuing such

15  search warrant shall hold a public hearing prior to the

16  issuance of such search warrant upon reasonable notice and

17  shall receive, hear, and determine any objections to the

18  issuance of such search warrant. Such search warrant may be

19  served by employees or authorized contractors of the

20  Department of Agriculture and Consumer Services. Such search

21  warrant may be made returnable at any time up to 6 months from

22  the date of issuance.

23         Section 3.  This act shall take effect upon becoming a

24  law.

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27                       LEGISLATIVE SUMMARY

28
      Provides grounds for issuance of search warrants relating
29    to the spread of citrus canker. Authorizes the department
      to obtain a search warrant and requires a public hearing
30    prior to the issuance of such search warrant.

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