Florida Statutes

Fla. Stat. § 585.08 (2025)

General powers of the department; rules.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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585.08 General powers of the department; rules.—The Division of Animal Industry is authorized to:

(1) Establish, maintain, and enforce quarantine areas within the state, or the entire state. The department may restrict, regulate, or prohibit the movement or transportation of animals found, determined, or suspected by it to be carriers of any contagious, infectious, or communicable disease, or of the vectors of such disease, into, from, and within such quarantine areas, when necessary for the prevention, control, or eradication of any contagious, infectious, or communicable disease among domestic or wild animals, or for carrying out any of the other purposes of this chapter.

(2) Adopt, amend, repeal, and enforce rules:

(a) Governing the introduction of animals into or within the state, which rules, when deemed necessary by the department, may require that all animals moved into the state be covered by an official certificate of veterinary inspection and requisite test chart approved by the chief livestock regulatory official of the state or country of origin; and

(b) Governing the disposal or destruction of carcasses of animals which are condemned or die from or while afflicted with any contagious, infectious, or communicable disease, in such manner as to prevent the spread or continuance of the contagion or infection.

(3) Condemn and destroy any animal affected with any contagious, infectious, or communicable disease, or which has been exposed to and is liable to spread any contagious, infectious, or communicable disease.

(4) Condemn and destroy any barn, yard, shed, corral, or pen which, in the opinion of the department, is liable to convey infection or contagion.

(5) Condemn and destroy any animal that is liable to spread any contagious, infectious, or communicable disease based upon sound epidemiological facts and conclusions to prevent the further spread of disease when a state or agricultural declaration of emergency has been declared by the Governor or the Commissioner of Agriculture.

History.—ss. 5, 11, ch. 7345, 1917; RGS 2105, 2110, 2111; s. 6, ch. 9201, 1923; CGL 3322, 3323(6), 3339, 3340; ss. 5, 6, ch. 17273, 1935; s. 4, ch. 23775, 1947; s. 2, ch. 25358, 1949; s. 3, ch. 59-457; s. 1, ch. 61-408; ss. 14, 35, ch. 69-106; s. 1, ch. 70-257; s. 1, ch. 87-151; s. 11, ch. 90-321; s. 9, ch. 96-231; s. 33, ch. 2002-295.

Notes of Decisions

Cited in 2 cases, 1968–1969 · leading case: Conner v. Carlton, 223 So. 2d 324 (Fla. 1969).

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Conner v. Carlton, 223 So. 2d 324 (Fla. 1969). “" (§ 585.08(4)) Sections 585.09 and 585.10 provide that such condemnation and destruction of domestic animals shall take place only after a fair appraisal of their value which shall be determined by the Commissioner and the owner; provided if they are unable to agree, the value…”

Connor v. Carlton, 31 Fla. Supp. 135 (Fla. Cir. Ct., Martin Cty. 1968). “— Condemnation and destruction of domestic animals, barns, yards, sheds, corrals and pens, as provided in section 585.08 shall take place only after a fair appraisal of the value of the property, which value shall be determined by the commissioner and the owner; provided,…”

— 585.08(4) — 1 case

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