The 2023 Florida Statutes (including Special Session C)

Title XXXV
AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY

Chapter 585
ANIMAL INDUSTRY

View Entire Chapter

F.S. 585.09

585.09 Procedure for condemnation of animals and property by department.—Condemnation and destruction of animals, barns, yards, sheds, corrals, and pens, as provided in s. 585.08, shall take place only after a fair appraisal of the value of the property. The value shall be determined by the department and the owner; provided, however, should the department and the owner be unable to agree on a value, the value shall then be determined by three disinterested appraisers, one to be appointed by the department, one by the owner of the property, and the third to be selected by these two. The appraised price shall be paid by the department as other expenses are paid. If the owner of such animal, barn, yard, shed, corral, or pen fails or refuses to name an appraiser within 5 days after requested by the department to do so, or refuses to permit the property to be condemned and destroyed, the department may make an order to the sheriff of the county wherein the property lies, directing her or him to destroy such animal, barn, yard, shed, corral, or pen, in the manner to be prescribed in the order. The order shall be immediately executed by the sheriff. Upon the destruction of the property by the sheriff, the department shall have the right to recover, from the owner of the property destroyed, all costs and expenses incurred by it in connection with the destruction.

History.—s. 11, ch. 7345, 1917; RGS 2111; s. 11, ch. 9201, 1923; CGL 3340; s. 5, ch. 23775, 1947; s. 4, ch. 59-457; ss. 14, 35, ch. 69-106; s. 12, ch. 90-321; s. 933, ch. 97-103; s. 34, ch. 2002-295.

F.S. 585.09 on Google Scholar

F.S. 585.09 on Casetext

Amendments to 585.09

Arrestable Offenses / Crimes under Fla. Stat. 585.09

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 585.09.

Annotations, Discussions, Cases:

Cases from cite.case.law:

BROWN, Jr. v. FLORIDA DEPARTMENT OF AGRICULTURE CONSUMER SERVICES Dr. C. L., 946 So. 2d 646 (Fla. Dist. Ct. App. 2007)

. . . indemnification from the state for the appraised value of the cattle which were destroyed, under section 585.09 . . .

In JOSHUA SLOCUM, LTD. a In JOSHUA SLOCUM, LTD. a, 103 B.R. 601 (Bankr. E.D. Pa. 1989)

. . . Rouse is seeking only interest of $585.09 pursuant thereto. . . . Additionally, we find that $585.09 is required under the lease as interest, for a total of $17,121.33 . . .

In HOLLAND, HOLLAND, v. HOLLAND,, 48 B.R. 874 (Bankr. N.D. Tex. 1984)

. . . That deduction of almost $2,400.00 from sale proceeds resulted in only $585.09 remaining and there were . . .

In MOSKOWITZ, d b a In NEW YORK STATE DEPARTMENT OF SOCIAL SERVICES,, 35 B.R. 750 (S.D.N.Y. 1983)

. . . On June 16,1981, the Department forwarded to the Debtor a check in the amount of $96,-585.09. . . .

CONNER, v. CARLTON, 223 So. 2d 324 (Fla. 1969)

. . . Department of Agriculture, Division of Animal Industry, adopted by the Commissioner to implement Sections 585.09 . . . Sections 585.09 and 585.10, to be understood, must be read in connection with related provisions of Chapter . . . being liable to spread any contagious, infectious, or communicable disease.” (§ 585.08(4)) Sections 585.09 . . . Sections 585.09 and 585.-10, F.S.A. invalid, the trial court relied upon the cases of Corneal v. . . . We do not find any unconstitutionality in Sections 585.09 and 585.10 as written, nor do we find them . . .

CONNOR, v. CARLTON,, 31 Fla. Supp. 135 (Martin Cty. Cir. Ct. 1968)

. . . technical committee under its emergency powers, is liable to convey the said infection or contagion. 585.09 . . . our Supreme Court in the two cases immediately above set forth are applicable to the provisions of §§585.09 . . . Upon the evidence and the above authorities, the court determines that §§585.09 and 585.10, Florida Statutes . . . the counterclaim in suit no. 519 be and the same is in each suit hereby granted to the extent that §§585.09 . . .