Terms Used In Florida Statutes 552.21

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • explosives: includes , but is not limited to, dynamite, nitroglycerin, trinitrotoluene, other high explosives, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord, and igniters. See Florida Statutes 552.081
  • Person: means any natural person, partnership, association, or corporation. See Florida Statutes 552.081

(1) Whenever the department shall have reason to believe that any person is or has been violating the provisions of this chapter or any rules or regulations adopted and promulgated pursuant thereto, the department may, without further process of law, confiscate the explosives in question and cause them to be stored in a safe manner, or, if any explosives are deemed by the department to be in such a state or condition as to constitute a hazard to life or property, the department may dispose of such explosives without further process of law. The department is authorized to dispose of any abandoned explosives that it deems to be hazardous to life or property.
(2) If the person so charged is found guilty of violating this chapter or any rule or regulation adopted pursuant thereto with regard to the possession, handling, or storage of explosives, the department is authorized to dispose of the confiscated materials in such a way as it shall deem equitable.
(3) Costs incurred in the confiscation and disposal of such explosives shall be paid from the Insurance Regulatory Trust Fund.