General Provisions (Florida Statutes: Title XXXV Agriculture, Horticulture, and Animal Industry; Chapter 585 Animal Industry; Part I; ss. 585.001-585.008)

PART I PART II The Florida Senate 2018 Florida Statutes Title XXXV AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY Chapter 585 ANIMAL INDUSTRY CHAPTER 585 ANIMAL INDUSTRY GENERAL PROVISIONS (ss. 585.001-585.008) DISEASE INSPECTION, CONTROL, AND ERADICATION (ss. 585.01-585.68) PART I GENERAL PROVISIONS 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 a�orneys. 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. 585.008 Animal Industry Technical Council. 585.001 Definitions.—In construing this chapter, where the context permits, the term “department” means the Department of Agriculture and Consumer Services. History.—s. 2, ch. 90-321; s. 48, ch. 92-291. 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 https://www.flsenate.gov/Laws/Statutes/2018/Chapter585/PART I/ https://www.flsenate.gov/Laws/Statutes/2018/Chapter585/PART II/ https://www.flsenate.gov/Laws/Statutes/2018/Title35/#Title35 https://www.flsenate.gov/Laws/Statutes/2018/Chapter585/PART I/ contagious equine metritis exists shall not exceed $1,500. These fees shall be deposited in the department’s General Inspection Trust Fund. History.—s. 2, ch. 59-457; ss. 14, 35, ch. 69-106; s. 6, ch. 78-95; s. 3, ch. 90-321; s. 31, ch. 92-180; s. 49, ch. 92-291; s. 1, ch. 93-223; s. 1, ch. 94-272; s. 194, ch. 98-200; s. 32, ch. 2002-295; s. 20, ch. 2005-210. Note.—Former s. 585.011. 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. History.—s. 16, ch. 7345, 1917; RGS 2116; CGL 3343; s. 25, ch. 59-457; s. 2, ch. 87-151; s. 4, ch. 90-321; s. 55, ch. 91-220; s. 3, ch. 91-294. Note.—Former s. 585.35. 585.004 Department charged with enforcement of law; duties of state a�orneys.—The department shall see that the provisions of this chapter are carried out. The department may require the state a�orney 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. History.—s. 13, ch. 7345, 1917; RGS 2113; CGL 3342; s. 26, ch. 59-457; s. 8, ch. 61-408; s. 26, ch. 73-334; s. 5, ch. 90-321. Note.—Former s. 585.36. 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. History.—s. 20, ch. 7345, 1917; RGS 2118; CGL 3344; s. 27, ch. 59-457; s. 6, ch. 90-321. Note.—Former s. 585.37. 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. History.—s. 16, ch. 7345, 1917; RGS 5552; s. 4, ch. 8508, 1921; CGL 7738; s. 29, ch. 59-457; s. 605, ch. 71-136; s. 7, ch. 90-321; s. 932, ch. 97-103. Note.—Former s. 585.39. 585.007 Violation of rules; violation of chapter.— (1) A person who violates this chapter or any rule of the department shall be subject to the imposition of an administrative fine in the Class III category pursuant to s. 570.971 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. History.—s. 19, ch. 7345, 1917; RGS 5554; s. 6, ch. 8508, 1921; CGL 7740; s. 10, ch. 17273, 1935; CGL 1936 Supp. 7742(4); s. 34, ch. 59-457; s. 607, ch. 71-136; s. 3, ch. 87-151; s. 8, ch. 90-321; s. 141, ch. 2014-150. Note.—Former s. 585.41. 585.008 Animal Industry Technical Council.— (1) COMPOSITION.—The Animal Industry Technical Council is hereby created in the department and shall be composed of 14 members as follows: (a) The beef ca�le, swine, dairy, horse, independent agricultural market, meat processing and packing establishment, veterinary medicine, and poultry representatives who serve on the State Agricultural Advisory Council and three additional representatives from the beef ca�le industry, as well as three at-large members representing other animal industries in the state, who shall be appointed by the commissioner for 4-year terms or until their successors are duly qualified and appointed. (b) Each additional beef ca�le representative shall be appointed subject to the qualifications and by the procedure as prescribed in s. 570.23 for membership to the council by the beef ca�le representative. If a vacancy occurs in these three positions, it shall be filled for the remainder of the term in the same manner as an initial appointment. (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS.—The meetings, powers and duties, procedures, and recordkeeping of the Animal Industry Technical Council shall be pursuant to s. 570.232. History.—s. 1, ch. 59-54; s. 3, ch. 65-459; s. 1, ch. 67-69; ss. 14, 35, ch. 69-106; s. 10, ch. 77-108; s. 2, ch. 78-196; s. 4, ch. 78-323; ss. 1, 2, 3, ch. 81 82; s. 1, ch. 82-46; s. 2, ch. 83-265; ss. 2, 6, 7, ch. 87-15; s. 5, ch. 91-429; s. 21, ch. 92-291; s. 21, ch. 93-169; s. 17, ch. 94-335; s. 26, ch. 2001-279; s. 39, ch. 2011-206; s. 85, ch. 2014-150. Note.—Former s. 570.38. PART II DISEASE INSPECTION, CONTROL, AND ERADICATION 585.01 Definitions. 585.08 General powers of the department; rules. 585.09 Procedure for condemnation of animals and property by department. 585.11 Cooperation with United States authorities and United States Department of Agriculture accredited private veterinarians. 585.14 Information concerning animal diseases. 585.145 Control of animal diseases. 585.147 Permit for transporting or hauling certain animals or animal products; vehicle and container requirements. 585.15 Dangerous transmissible disease or pest a public nuisance. 585.16 Powers of division in connection with certain diseases. 585.17 Care of animals with transmissible diseases and liability therefor. 585.18 Duty to report diseased animals. 585.19 Duty of practitioners of veterinary medicine and owners of animals to report dangerous transmissible diseases or pests; penalty. 585.20 Injection of pathogenic organisms into animals. 585.21 Sale of biological products. 585.22 Public notice of general quarantines. 585.23 Owners of animals and premises under quarantine to comply with rules. 585.38 Injuring property used in the eradication of diseases of animals, etc. 585.40 Violation of quarantine regulations. 585.45 Right to declaratory judgment. 585.48 Policy and purpose of ss. 585.50-585.59. https://www.flsenate.gov/Laws/Statutes/2018/Chapter585/PART II/