(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; s. 120, ch. 2008-247.
Note.—Former s. 372.761.
Structure Florida Statutes
Title XXVIII - Natural Resources; Conservation, Reclamation, and Use
Chapter 379 - Fish and Wildlife Conservation
Part V - Law Enforcement (Ss. 379.33-379.343)
379.33 - Enforcement of commission rules.
379.3311 - Police powers of commission and its agents.
379.3312 - Powers of arrest by agents of commission.
379.3313 - Powers of commission law enforcement officers.
379.332 - Prosecutions; state attorney to represent state.
379.333 - Arrest by officers of the commission; recognizance; cash bond; citation.
379.334 - Search and seizure authorized and limited.
379.335 - Issuance of warrant for search of private dwelling.
379.337 - Confiscation, seizure, and forfeiture of property and products.
379.3381 - Photographic evidence of illegally taken wildlife, freshwater fish, and saltwater fish.
379.339 - Seizure of illegal hunting devices; disposition; notice; forfeiture.
379.3395 - Seizure of illegal transportation devices; disposition; appraisal; forfeiture.
379.341 - Disposition of illegal fishing devices; exercise of police power.
379.342 - Applicability of ss. 379.339, 379.3395, 379.404, and 379.406.