933.26 Conduct of inspection; notice.—An inspection pursuant to a warrant shall not be made between 6 p.m. of any day and 8 a.m. of the succeeding day; on Saturday, Sunday, or any legal holiday; or in the absence of an owner or occupant over the age of 18 years of the particular place, dwelling, structure, or premises unless specifically authorized by the judge upon a showing that such authority is reasonably necessary to effectuate the purpose of the rule being enforced. An inspection pursuant to a warrant shall not be made by means of forcible entry, except that the judge may expressly authorize a forcible entry when facts are shown which are sufficient to create a reasonable suspicion of a violation of a state or local law or rule relating to municipal or county building, fire, safety, environmental, animal control, land use, plumbing, electrical, health, minimum housing, or zoning standards which, if such violation existed, would be an immediate threat to health or safety or when facts are shown establishing that reasonable attempts to serve a previous warrant have been unsuccessful. When prior consent has been sought and refused, notice that a warrant has been issued shall be given at least 24 hours before the warrant is executed. Immediate execution of a warrant shall be prohibited except when necessary to prevent loss of life or property.
...inistrative “inspection warrants” as defined in section 933.20, Florida Statutes (2011). The procedure for the issuance and enforcement of an inspection warrant follows, in sections 933.21 through 933.30. The trial court found that “Fla. Stat. 933.26 specifically limits the forcible entry onto private prop *340 erty for purposes of conducting a warrant-less inspection to times only where reasonable suspicion exists that a violation of a state or local law or code presents an immediate thre...
Cited 1 times | Published | District Court, M.D. Florida
...§§ 933.23-933.25. "When prior consent has been sought and refused, notice that a warrant has been issued shall be given at least 24 hours before the warrant is executed," though immediate execution is available "when necessary to prevent loss of life or property." § 933.26....
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