Florida Statutes

Fla. Stat. § 585.09 (2025)

Procedure for condemnation of animals and property by department.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 2 cases, 1968–2007 · leading case: Brown v. Florida Dep't of Agric. & Consum. Servs., 946 So. 2d 646 (Fla. 4th DCA 2007).

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Brown v. Florida Dep't of Agric. & Consum. Servs., 946 So. 2d 646 (Fla. 4th DCA 2007). · cites it 2× “He is seeking indemnification from the state for the appraised value of the cattle which were destroyed, under section 585.09, Florida Statutes (1985). After waiting many years to seek compensation, appellant brought this proceeding, and after a nonjury trial, the court…”

Connor v. Carlton, 31 Fla. Supp. 135 (Fla. Cir. Ct., Martin Cty. 1968). · cites it 3× “The pronouncements of our Supreme Court in the two cases immediately above set forth are applicable to the provisions of §§585.09 and 585.10, Florida Statutes, and §7C-6.”

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