Florida Statute 581.181 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXV
AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY

Chapter 581
PLANT INDUSTRY

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F.S. 581.181

581.181 Notice of infection of plants; destruction.—

(1) If the director or her or his authorized representative finds, on examination, any plant or plant product infested or infected with plant pests or noxious weeds, she or he shall notify in writing the owner or person having charge of the premises, and the owner or person in charge shall, within 10 days after the notice, cause the removal and destruction of the infested and infected plant or plant product if it cannot be successfully treated; otherwise, the owner or person in charge shall cause it to be treated as directed in the notice by the director or an authorized representative of the division. No damage shall be awarded to the owner for the destruction of the infested or infected plant or plant product under the provisions of this chapter.

(2) If the owner or person in charge refuses or neglects to comply with the terms of the notice within 10 days after receiving it, the director or her or his authorized representative may, under authority of the department, proceed to treat or destroy the infested or infected plant or plant product. The expense of the treatment or destruction shall be assessed, collected, and enforced against the owner by the department.

(3) This section does not apply to plants or plant products infested with pests or noxious weeds that are determined to be widely established within the state and are not specifically regulated under rules adopted by the department or under any other provision of law.

History.—s. 18, ch. 59-261; s. 6, ch. 61-409; ss. 14, 35, ch. 69-106; s. 4, ch. 70-49; s. 9, ch. 79-158; s. 54, ch. 93-169; s. 921, ch. 97-103; s. 21, ch. 2016-61.

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Amendments to 581.181

Arrestable Offenses / Crimes under Fla. Stat. 581.181

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 581.181.

Annotations, Discussions, Cases:

Cases Citing Statute 581.181

Total Results: 4

Elk v. Florida Department of Agriculture & Consumer Services

Court: District Court of Appeal of Florida | Date Filed: 1997-12-10

Citation: 702 So. 2d 1333, 1997 Fla. App. LEXIS 13896

Snippet: Affirmed. See § 570.07(21) Fla. Stat. (1995); § 581.181, Fla. Stat. (1995), Denney v. Conner, 462 So.2d

Varela v. Department of Agriculture & Consumer Services

Court: District Court of Appeal of Florida | Date Filed: 1997-11-26

Citation: 701 So. 2d 1217, 1997 Fla. App. LEXIS 13325, 1997 WL 731451

Snippet: PER CURIAM. Affirmed. See § 581.181, Fla. Stat. (1995); Nordmann v. Florida, Dept. of Agriculture &

Varela v. Department of Agriculture & Consumer Services

Court: District Court of Appeal of Florida | Date Filed: 1997-07-23

Citation: 698 So. 2d 305, 1997 Fla. App. LEXIS 8416, 1997 WL 410418

Snippet: PER CURIAM. Affirmed. See § 581.181, Fla. Stat. (1995); Nordmann v. Florida, Dept. of Agriculture &

Nordmann v. Florida Dept. of Agriculture

Court: District Court of Appeal of Florida | Date Filed: 1985-08-01

Citation: 473 So. 2d 278, 10 Fla. L. Weekly 1865

Snippet: DAUKSCH and ORFINGER, JJ., concur. NOTES [1] See §§ 581.181, Fla. Stat. (1983), and 581.031(1) and (6), Fla