812.055
Physical inspection of junkyards, scrap metal processing plants, salvage yards, licensed motor vehicle or vessel dealers, repair shops, parking lots, public garages, towing and storage facilities.
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812.055 Physical inspection of junkyards, scrap metal processing plants, salvage yards, licensed motor vehicle or vessel dealers, repair shops, parking lots, public garages, towing and storage facilities.—
(1) Any law enforcement officer shall have the right to inspect any junkyard; scrap metal processing plant; motor vehicle or vessel salvage yard; licensed motor vehicle or vessel dealer’s lot; motor vehicle, vessel, or outboard repair shop; parking lot; public garage; towing and storage facility; or other establishment dealing with salvaged motor vehicle, vessel, or outboard parts.
(2) Such physical inspection shall be conducted during normal business hours and shall be for the purpose of locating stolen vehicles, vessels, or outboard motors; investigating the titling and registration of vehicles or vessels; inspecting vehicles, vessels, or outboard motors wrecked or dismantled; or inspecting records required in ss. 319.30 and 713.78.
History.—s. 7, ch. 78-412; s. 4, ch. 83-102; s. 10, ch. 90-283.
Notes of Decisions
Cited in 7
cases, 1981–2020 · leading case: New York v. Burger
New York v. Burger (1987)
“21, § 6717(a) (1985); Fla. Stat. § 812.055 (Supp. 1987); Ga. Code Ann.”
Rodriguez v. City of Cleveland (2011)
“at 1236 (quoting Fla. Stat. § 812.055 ). In a subsequent civil rights action, the owner of the repair shop/salvage yard asserted that, “from the inception, the search of the [business] was not a routine administrative inspection, but rather an ordinary criminal raid, undertaken…”
Bludworth v. Arcuri (1982)
“In an action brought by appellee for declaratory judgment the trial court held that section 812.055, Florida Statutes (Supp. 1978), [1] was unconstitutional in that it violated the fourth amendment of the United States Constitution [2] and article I, section 12 of the Florida…”
Sosa v. Hames (2008)
“” The only restrictions imposed upon an officer’s ability to conduct an inspection are that it occur “during normal business hours” and “be for the purpose of locating stolen vehicles, vessels, or outboard motors; investigating the titling and registration of vehicles or…”
State v. Moore (1982)
“The State of Florida appeals a non-final order granting Moore's motion to suppress evidence based upon a finding that section 812.055, Florida Statutes (1981), is unconstitutional.”
Drakes Collision, Inc. v. Auto Club Group Insurance Company (2020)
“§ 14-64; Fla. Stat. § 812.055 ; Tenn. Code Ann. § 55 - 14-106.”
Righter v. State (1981)
“, whether Section 812.055, Florida Statutes (1979) which allows any law enforcement officer, without a warrant, to inspect a motor vehicle repair shop during normal business hours for the purpose of locating stolen vehicles violates constitutional safeguards against unreasonable…”
— 812.055(1) — 1 case
Sosa v. Hames (2008)
“” The only restrictions imposed upon an officer’s ability to conduct an inspection are that it occur “during normal business hours” and “be for the purpose of locating stolen vehicles, vessels, or outboard motors; investigating the titling and registration of vehicles or…”
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