Florida Statute 585.09 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXV
AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY

Chapter 585
ANIMAL INDUSTRY

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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.

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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 Citing Statute 585.09

Total Results: 4

Brown v. Florida Department of Agriculture & Consumer Services

Court: District Court of Appeal of Florida | Date Filed: 2007-01-24

Citation: 946 So. 2d 646, 2007 Fla. App. LEXIS 735, 2007 WL 162749

Snippet: the cattle which were destroyed, under section 585.09, Florida Statutes (1985). After waiting many years

Ago

Court: Florida Attorney General Reports | Date Filed: 1981-08-04

Snippet: and remedies established by s. 559.917, see s.713.585(9).) Pending legislative clarification or judicial

Conner v. Carlton

Court: Supreme Court of Florida | Date Filed: 1969-05-14

Citation: 223 So. 2d 324

Snippet: to strike down as unconstitutional F.S. Sections 585.09 and 585.10, F.S.A., which are key sections of the

Adams v. American Agricultural Chemical Co.

Court: Supreme Court of Florida | Date Filed: 1919-08-18

Citation: 78 Fla. 362, 82 So. 850

Snippet: L. Ry. Co. v. Beckwith, 129 U. S. 26, 32 L. Ed. 585, 9 Sup. Ct. Rep. 207, said: “We will consider the