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Florida

West's Florida Statutes Annotated. Title XXXV. Agriculture, Horticulture, and Animal Industry (Chapters 570-605). Chapter 585. Animal Industry. Part I. General Provisions

Statute Details
Printable Version
Citation: FL ST § 585.001 - 585.007

Citation: West's F.S.A. § 585.001 - 585.007


Last Checked by Web Center Staff: 05/2011

Summary:   This set of laws explains the powers and duties of the Department of Agriculture & Consumer Services in enforcing the Animal Industry laws (Chapter 585). Any person or officer that is charged with a duty under the Animal Industry laws may be compelled to perform the same by mandamus, injunction, or other court-ordered remedy. Department employees are authorized to enter any premises in the state for the purposes of carrying out their duties under the Animal Industry laws and it is illegal for any person to interfere with the discharge of those duties.


Statute in Full:

585.001. Definitions

585.002. Department control; continuance of powers, duties, rules, orders, etc.

585.003. Power of department to enter private premises for purpose of inspection, testing, etc.

585.004. Department charged with enforcement of law; duties of state attorneys

585.005. Courts have power to enforce provisions by mandamus or injunction

585.006. Interference with department employees

585.007. Violation of rules; violation of chapter

 

 

585.001. Definitions

In construing this chapter, where the context permits, the term “department” means the Department of Agriculture and Consumer Services.

CREDIT(S)

Added by Laws 1990, c. 90-321, § 2, eff. Oct. 1, 1990. Amended by Laws 1992, c. 92-291, § 48, eff. July 1, 1992.

 

585.002. Department control; continuance of powers, duties, rules, orders, etc.

(1) This chapter shall be enforced by and under the control of the department as provided in chapter 570.

(2) The department shall have and exercise all the powers, jurisdiction, duties, and authority previously exercised by, or required of, the Florida Livestock Board, and the provisions of this chapter.

(3) The department, to the exclusion of all other state agencies, shall have regulatory authority over the possession, control, care, and maintenance of ostriches, emus, rheas, and bison domesticated and confined for commercial farming purposes, except those kept and maintained on hunting preserves or game farms or primarily for exhibition purposes in zoos, carnivals, circuses, and other such establishments where such species are kept primarily for display to the public.

(4) The department shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter.

(5) The department shall, by rule, establish a fee schedule to cover the approximate costs associated with carrying out the provisions of this chapter. This shall include establishment of fees for provision of health forms, required certificates, certifications, permits, quality assurance programs, and services. No individual fee shall exceed $200, except that the fee for carrying out the quarantine requirements relating to horses imported from countries where contagious equine metritis exists shall not exceed $1,500. These fees shall be deposited in the department's General Inspection Trust Fund.

CREDIT(S)

Laws 1959, c. 59-457, § 2; Laws 1969, c. 69-106, §§ 14, 35; Laws 1978, c. 78-95, § 6; Fla.St. 1989, § 585.011. Renumbered as 585.002 and amended by Laws 1990, c. 90-321, § 3, eff. Oct. 1, 1990. Amended by Laws 1992, c. 92-180, § 31, eff. April 8, 1992; Laws 1992, c. 92-291, § 49, eff. July 1, 1992; Laws 1993, c. 93-223, § 1, eff. May 15, 1993; Laws 1994, c. 94-272, § 1, eff. Oct. 1, 1994; Laws 1998, c. 98-200, § 194, eff. July 1, 1998; Laws 2002, c. 2002-295, § 32, eff. July 1, 2002; Laws 2005, c. 2005-210, § 20, eff. July 1, 2005.

 

585.003. Power of department to enter private premises for purpose of inspection, testing, etc.

(1) For the purpose of carrying out the provisions and requirements of this chapter, and all rules made pursuant thereto, the department, through its duly authorized employees, is empowered to enter upon any grounds or premises in this state to:

(a) Inspect, test, dip, identify, treat, destroy, quarantine, disinfect, or conduct such other required procedures as are contemplated by this chapter;

(b) Examine any records or documents which facilitate efforts to determine locations where an animal may have been during the previous 120 days for the purpose of animal disease control eradication programs over which any authority is conferred by law upon the department; or

(c) Carry out any other provisions of this chapter.

(2) After reasonable notice from the department or the department's representative, owners or agents having jurisdiction over animals shall present them for such procedures as contemplated by this chapter in accordance with the directions of the department's representative.

CREDIT(S)

Laws 1917, c. 7345, § 16; Rev.Gen.St. 1920, § 2116; Comp.Gen. Laws 1927, § 3343; Laws 1959, c. 59-457, § 25; Laws 1987, c. 87-151, § 2; Fla. St.1989, § 585.35. Renumbered as § 585.003 by Laws 1990, c. 90-321, § 4, eff. Oct. 1, 1990. Amended by Laws 1991, c. 91-220, § 55; Laws 1991, c. 91-294, § 3, eff. Oct. 1, 1991.

 

585.004. Department charged with enforcement of law; duties of state attorneys

The department shall see that the provisions of this chapter are carried out. The department may require the state attorney in any circuit or county to institute suits, civil or criminal, for the purpose of enforcing or carrying out the terms of this chapter and the rules of the department, or preventing violations thereof. Any person or officer charged with any duty under this chapter may be compelled to perform the same by mandamus, injunction, or other extraordinary remedy upon the application and in the name of the department. Injunction shall issue without bond.

CREDIT(S)

Laws 1917, c. 7345, § 13; Rev.Gen.St.1920, § 2113; Comp.Gen.Laws 1927, § 3342; Laws 1959, c. 59-457, § 26; Laws 1961, c. 61-408, § 8; Laws 1973, c. 73-334, § 26; Fla.St. 1989, § 585.36. Renumbered as § 585.004 and amended by Laws 1990, c. 90-321, § 5, eff. Oct. 1, 1990.

 

585.005. Courts have power to enforce provisions by mandamus or injunction

The circuit courts of this state shall have the power to enforce any of the provisions of this chapter and any rule of the department by mandamus, or temporary or permanent injunction, or both, upon the application of the director, against any person who shall violate any provision of this chapter or any such rule.

CREDIT(S)

Laws 1917, c. 7345, § 20; Rev.Gen.St.1920, § 2118; Comp.Gen.Laws 1927, § 3344; Laws 1959, c. 59-457, § 27; Fla.St. 1989, § 585.37. Renumbered as § 585.005 and amended by Laws 1990, c. 90-321, § 6, eff. Oct. 1, 1990.

 

585.006. Interference with department employees

Any person who forcibly assaults, resists, opposes, prevents, impedes, or interferes with a duly authorized inspector or representative of the department in the execution of his or her duties under this chapter shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

CREDIT(S)

Laws 1917, c. 7345, § 16; Rev.Gen.St.1920, § 5552; Laws 1921, c. 8508, § 4; Comp.Gen.Laws 1927, § 7738; Laws 1959, c. 59-457, § 29; Laws 1971, c. 71-136, § 605; Fla.St.1989, § 585.39. Renumbered as § 585.006 and amended by Laws 1990, c. 90-321, § 7, eff. Oct. 1, 1990. Amended by Laws 1997, c. 97-103, § 932, eff. July 1, 1997.

 

585.007. Violation of rules; violation of chapter

(1) Any person who violates the provisions of this chapter or any rule of the department shall be subject to the imposition of an administrative fine of up to $10,000 for each offense. Upon repeated violation, the department may seek enforcement pursuant to s. 120.69.

(2) Unless otherwise provided, any person violating the provisions of this chapter is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

CREDIT(S)

Laws 1917, c. 7345, § 19; Rev.Gen.St.1920, § 5554; Laws 1921, c. 8508, § 6; Comp.Gen.Laws 1927, § 7740; Laws 1935, c. 17273, § 10; Comp.Gen.Laws Supp. 1936, § 7742(4); Laws 1959, c. 59-457, § 34; Laws 1971, c. 71-136, § 607; Laws 1987, c. 87-151, § 3; Fla.St.1989, § 585.41. Renumbered as § 585.007 and amended by Laws 1990, c. 90-321, § 8, eff. Oct. 1, 1990.

 




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