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Florida Statute 570.15 | Lawyer Caselaw & Research
F.S. 570.15 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XXXV
AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY
Chapter 570
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
View Entire Chapter
F.S. 570.15
570.15 Access to places of business and vehicles.
(1)(a) Any duly authorized employee of the department shall have full access at all reasonable hours to inspect:
1. All:
a. Places of business;
b. Factories;
c. Farm buildings;
d. Carriages;
e. Railroad cars;
f. Trucks;
g. Motor vehicles, except private passenger automobiles with no trailer in tow, travel trailers, camping trailers, van conversions, and motor homes as defined in s. 320.01(1)(b), or pickup trucks not carrying agricultural, horticultural, or livestock products and which have visible access to the entire cargo area, or city, county, state, or federal vehicles;
h. Truck and motor vehicle trailers; and
i. Vessels

which are used or could be used in the production, manufacture, storage, sale, or transportation within the state of any food product; any agricultural, horticultural, or livestock product; or any article or product with respect to which any authority is conferred by law on the department; and

2. All records or documents pertaining thereto.
(b) The department may examine and open any package or container of any kind containing or believed to contain any article or product which may be transported, manufactured, sold, or offered for sale in violation of the provisions of this chapter, the rules of the department, or the laws which the department enforces and may inspect the contents and take samples for analysis.
(c) If access is refused by the owner, agent, manager, or other person in charge of any premises, or by the owner, driver, operator, or other person in charge of any vehicle, the department employee may apply for, obtain, and execute a search warrant for regulatory inspection under the provisions of this section and ss. 933.20-933.30. The provisions of chapter 933 relating to probable cause do not apply to regulatory inspections under this section. Routine inspections of vehicles shall be conducted in accordance with the administrative standards, including neutral criteria, for conducting these inspections set forth by rules of the department.
(2) It is unlawful for the driver of any vehicle, other than one exempted in sub-subparagraph (1)(a)1.g. or one authorized pursuant to subsection (5), to pass any official agricultural inspection station without first stopping and submitting the vehicle for inspection. A violation of this subsection constitutes a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(3) Every law enforcement officer is authorized to assist employees of the department in the enforcement of this section. Every law enforcement officer is authorized to stop and detain any vehicle and its driver if the driver has failed to comply with this section until an employee of the department arrives to conduct the inspection required or permitted by law. The law enforcement officer may require the driver to return with the vehicle to the agricultural inspection station where the driver failed to stop the vehicle for inspection.
(4) No civil or criminal liability shall be imposed upon any person who is authorized to enforce or assist in enforcement of the provisions of this section and who is lawfully engaged in such activity.
(5) The department shall establish by rule conditions and criteria by which nonagricultural laden vehicles may pass an agricultural inspection station without stopping for inspection.
History.s. 1, ch. 59-54; s. 1, ch. 75-215; s. 1, ch. 78-180; s. 1, ch. 79-371; s. 1, ch. 79-587; s. 1, ch. 83-237; s. 11, ch. 93-169; s. 1, ch. 93-270; s. 3, ch. 95-141; s. 36, ch. 97-98; s. 889, ch. 97-103; s. 1, ch. 2003-181.

F.S. 570.15 on Google Scholar

F.S. 570.15 on Casetext

Amendments to 570.15


Arrestable Offenses / Crimes under Fla. Stat. 570.15
Level: Degree
Misdemeanor/Felony: First/Second/Third

S570.15 - FOOD-HEALTH OR SAFETY - FAIL TO STOP AT AGRICULTURE INSPECTION STATION - M: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

ANDERSON LIVING TRUST f k a H. W. L. v. CONOCOPHILLIPS COMPANY, LLC, f k a H. W. v. WPX LLC f k a WPX LLC LLC WPX LLC, f k a RMT LLC,, 952 F. Supp. 2d 979 (D.N.M. 2013)

. . . . §§ 570.1-570.15, can apply to royalty underpayments. See Okland Oil Co. v. . . .

FOSTER, v. APACHE CORPORATION,, 285 F.R.D. 632 (W.D. Okla. 2012)

. . . . §§ 570.1-570.15 (“PRSA”). . . .

FLORIDA POLICE BENEVOLENT ASSOCIATION, INC. v. DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES,, 574 So. 2d 120 (Fla. 1991)

. . . officers were granted power and authority to make arrests, with or without warrants as provided in s. 570.15 . . . , for violations of law committed within the jurisdiction of s. 570.15 ... and ... the right and authority . . . officers shall have power and authority to make arrests, with or without warrants as provided in s. 570.15 . . . From this parsing of the statute, it is readily apparent that the legislature regarded section 570.15 . . . Moreover, section 570.15 itself supports no other possible conclusion, since the detention powers it . . .

FLORIDA POLICE BENEVOLENT ASSOCIATION, INC. v. FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES,, 557 So. 2d 146 (Fla. Dist. Ct. App. 1990)

. . . .-15, for the violations of law committed within the jurisdiction of s. 570.15, ... and ... the right . . . officers shall have power and authority to make arrests, with or without warrants as provided in s. 570.15 . . . officers were authorized to effect arrests “for violations of law committed within the jurisdiction of s. 570.15 . . .

CRESSWELL, v. STATE, 524 So. 2d 685 (Fla. Dist. Ct. App. 1988)

. . . See § 570.15, Fla.Stat. (1985). . . .

ROCHE, v. STATE, 462 So. 2d 1096 (Fla. 1985)

. . . Nonetheless, he procured a regulatory search warrant, pursuant to section 570.15, Florida Statutes (1980 . . . affirmance, but certified the following question as being of great public importance: DOES SECTION 570.15 . . . Section 570.15, Florida Statutes (1980) provides: 570.15 Access to places of business and vehicles.— . . . In the case of section 570.15, we find that the legislature has isolated specific threats to the health . . . We note that section 570.15(l)(b) was amended in 1983 to provide "Such inspection will be conducted in . . .

ROSELL v. STATE, 433 So. 2d 1260 (Fla. Dist. Ct. App. 1983)

. . . Section 570.15(l)(b), Florida Statutes (1981) makes provision for agricultural inspectors to obtain search . . .

BANNISTER, v. STATE, 434 So. 2d 6 (Fla. Dist. Ct. App. 1983)

. . . stop for a determination of whether it was a motor vehicle subject to inspection, pursuant to Section 570.15 . . .

McDONOUGH, v. STATE, 428 So. 2d 282 (Fla. Dist. Ct. App. 1983)

. . . Fla. 1982), wherein the federal district court held unconstitutional in part Section 570.15, Florida . . . In the Lake Butler Apparel case, supra, the federal district court declared Section 570.15, Florida Statutes . . . Subsection 570.15(2), Florida Statutes (1981), provides that it is unlawful for the driver of an unexempted . . . Section 570.15(3) authorizes law enforcement officers to assist in enforcement of subsection (2) and . . . and Consumer Services, 551 F.Supp. 901 (M.D.Fla.1982), the federal district court held that Section 570.15 . . .

LAKE BUTLER APPAREL COMPANY, v. DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES,, 551 F. Supp. 901 (M.D. Fla. 1982)

. . . The second statute, which is the one attacked in this litigation, is Florida Statute § 570.15 (1981): . . . 570.15 Access to places of business and vehicles.— (l)(a) The commissioner, inspectors, road guard inspection . . . comfort to the Department in this case, however, because it cannot be said that the statute, Section 570.15 . . . Barlow’s, Inc., the Fourth Amendment (as opposed to Section 570.15) will accommodate warrantless searches . . . I therefore conclude, in summary, that neither Florida Statute § 570.15 nor any existing administrative . . .

C. SHERMAN v. STATE, 419 So. 2d 375 (Fla. Dist. Ct. App. 1982)

. . . Under § 570.15, Florida Statutes (1979), Department of Agriculture inspectors may obtain a search warrant . . . Section 570.15 was amended in 1980. § 570.-15, Florida Statutes (Supp.1980). . . .

ROCHE, v. STATE, 447 So. 2d 890 (Fla. Dist. Ct. App. 1982)

. . . Consumer Services, 551 F.Supp. 901 (M.D.Fla.1982), wherein the United States District Court held Section 570.15 . . . judgment of affirmance, but certify to the Supreme Court of Florida the following issue: DOES SECTION 570.15 . . . not satisfied with the search, thereupon obtained an agricultural search warrant pursuant to Section 570.15 . . . Shortly thereafter, the Legislature redrafted Section 570.15(l)(b), Florida Statutes, and deleted the . . .

GRIMES, v. STATE, 416 So. 2d 488 (Fla. Dist. Ct. App. 1982)

. . . Section 570.15(2), Florida Statutes (1979), makes it a misdemeanor of the second degree for any truck . . .

MARTIN, v. STATE, 411 So. 2d 169 (Fla. 1982)

. . . Circuit Court of the Third Judicial Circuit, in and for Hamilton County which held constitutional section 570.15 . . . Defendant first argues that section 570.15 “is unconstitutional in that it arbitrarily distinguishes . . . , 200 (Fla.1980): Applying the conventional standard, we hold that the distinction drawn by section 570.15 . . . Defendant also contends that section 570.15 “is unconstitutional in that it fails to give sufficient . . . clearly is a motorhome, as defined in § 320.01(l)(b) and thus was exempt from the provisions of §§ 570.15 . . .

R. RAETTIG, v. STATE, 406 So. 2d 1273 (Fla. Dist. Ct. App. 1981)

. . . And, although Deputy Tucker was not an authorized officer pursuant to Section 570.15, his participation . . . Section 570.15(3). . . . Finally, because Sections 570.15(l)(b) and 570.-15(l)(a)6 give the agricultural inspector a right to . . . Although, as noted, Section 570.15, Florida Statutes (1979), has been construed as requiring the same . . . In fact, the legislature took such action in a special 1979 session, by amending Section 570.15(l)(b) . . .

A. KNOBLE v. STATE, 399 So. 2d 85 (Fla. Dist. Ct. App. 1981)

. . . Section 570.15, Florida Statutes (1978). . . . Section 570.15(l)(a) provides agricultural inspectors with full access to “trucks” and “motor vehicles . . . Section 570.15(2), Florida Statutes (1978), makes it unlawful for any “truck” to pass an agricultural . . . However, only certain vans fall under the definition of “truck” as used in Section 570.15. . . . order for the agricultural inspectors to determine whether they have a right of access under Section 570.15 . . .

R. LORNITIS v. STATE, 394 So. 2d 455 (Fla. Dist. Ct. App. 1981)

. . . Section 570.15, Florida Statutes (1979). . . .

W. GLUESENKAMP, v. STATE MASSENGALE v. STATE MOUW v. STATE, 391 So. 2d 192 (Fla. 1980)

. . . Although I concur with the majority opinion construing and upholding the constitutionality of section 570.15 . . . , is required to stop for inspection, or whether the van is excluded from the provisions of section 570.15 . . . cause to seize the contraband even if the van is a passenger van and not a truck as defined by section 570.15 . . . In rendering the judgments the circuit court passed upon the constitutionality of section 570.15, Florida . . . He arrested the appellants for violation of section 570.15, Florida Statutes (Supp.1978). . . . Section 570.15, Florida Statutes (1977), provides: 570.15. . . . “Truck” is not defined in section 570.15 or anywhere in chapter 570. . . . Vans designed as passenger vehicles are not. § 570.15 Fla.Stat. (Supp.1978); Eden v. . . .

R. DENEHY S. v. STATE, 400 So. 2d 1216 (Fla. 1980)

. . . The court passed upon the constitutionality of section 570.15, Florida Statutes (1977). . . . bed, passed an agricultural inspection station without stopping for inspection as required by section 570.15 . . . evidence, contending that they were stopped on the authority of an unconstitutional statute, section 570.15 . . . The appellants contend that section 570.15, Florida Statutes (1977), denies equal protection by establishing . . .

MAHLA, v. STATE, 383 So. 2d 730 (Fla. Dist. Ct. App. 1980)

. . . . § 570.15, Fla.Stat. (1977); Sharpe v. State, 370 So.2d 42 (Fla. 1st DCA 1979). . . . . § 570.15(2), Fla.Stat. (1977). . . .

SOWER, v. STATE PENNINGTON, v. STATE, 382 So. 2d 1257 (Fla. Dist. Ct. App. 1980)

. . . The appellants were arrested for violation of Section 570.15, and they were read their Miranda rights . . .

GRYZIK v. STATE, 380 So. 2d 1102 (Fla. Dist. Ct. App. 1980)

. . . . § 570.15, Fla. Stat. (1977). . . .

STATE v. A. WEBB,, 378 So. 2d 884 (Fla. Dist. Ct. App. 1979)

. . . Webb under arrest for violation of Section 570.15, Florida Statutes (1977). . . .

G. HOLEC, v. STATE, 376 So. 2d 401 (Fla. Dist. Ct. App. 1979)

. . . misdemeanor of driving a truck past an inspection station, without stopping for inspection, Section 570.15 . . . Appellant was not on trial for a violation of Section 570.15(2). . . . , so that appellant was guilty of driving a truck past the inspection point in violation of Section 570.15 . . . was probable cause for the inspector to believe it was a truck, and that appellant violated Section 570.15 . . .

P. FLYNN, v. STATE, 374 So. 2d 1041 (Fla. Dist. Ct. App. 1979)

. . . . § 570.15, Fla.Stat. (1977). . . .

J. PEDERSON, v. STATE, 373 So. 2d 367 (Fla. Dist. Ct. App. 1979)

. . . IV; § 570.15(l)(b), Fla.Stat. (1977). We agree and reverse. . . . Section 570.15(l)(b) states: If such access be refused by the owner, agent, or manager of such premises . . . Section 570.15(l)(b) refers not only to the criminal probable cause standard in war-rantless cases, but . . . Accordingly, we are bound to interpret the warrant requirement contained in Section 570.15 in accordance . . .

VILLARI, v. STATE, 372 So. 2d 522 (Fla. Dist. Ct. App. 1979)

. . . Section 570.15(2), Fla.Stat. (1977). . . . He then smelled the strong odor of marijuana, arrested Villari for violating § 570.15(2), and called . . . established consent to the search of a truck so as to obviate the necessity for a search warrant under § 570.15 . . . the absence of consent, further search necessitated the issuance of a search warrant pursuant to § 570.15 . . .

DENNIS, v. STATE, 373 So. 2d 47 (Fla. Dist. Ct. App. 1979)

. . . requested appellant to accompany him back to the inspection station station to post bond for violation of § 570.15 . . . before the trial court to support a conclusion that the inspection agent, who was acting pursuant to § 570.15 . . .

SEUSS, v. STATE, 370 So. 2d 1203 (Fla. Dist. Ct. App. 1979)

. . . Section 570.15(l)(b), Florida Statutes (1977), provides that if the owner or driver refuses to consent . . .

EDEN, v. STATE, 370 So. 2d 826 (Fla. Dist. Ct. App. 1979)

. . . motion to suppress evidence discovered in his vehicle by an agricultural inspector pursuant to Section 570.15 . . . Section 570.15(2) makes it unlawful for “any truck or any truck or motor vehicle trailer” to bypass an . . . no trailer in tow, travel trailers, camping trailers, and motor homes . . . .” specified in Section 570.15 . . .

SHARPE, v. STATE, 370 So. 2d 42 (Fla. Dist. Ct. App. 1979)

. . . Florida Statute 570.15 provides in pertinent part as follows: “(l)(a) The commissioner, assistant commissioner . . . officers shall have power and authority to make arrests, with or without warrants as provided in s. 570.15 . . . , for violations of law committed within the jurisdiction of s. 570.15 to the same extent and under the . . . Under subsection (2) of section 570.15 above, all trucks and motor vehicle trailers [not limited to those . . .

A. ROSE, v. STATE, 369 So. 2d 447 (Fla. Dist. Ct. App. 1979)

. . . clear that a search warrant must be obtained in accordance with the statutory provisions of Section 570.15 . . . State, 368 So.2d 943 (Fla. 1st DCA 1979), the agricultural inspection station statute, Section 570.15 . . .

MILLER, a k a v. STATE, 368 So. 2d 943 (Fla. Dist. Ct. App. 1979)

. . . reference to the right of inspection officers to have access to motor vehicles was stated in Section 570.15 . . . automobiles with no trailer in tow or any vehicle bearing an RV license tag',” (emphasis supplied) Section 570.15 . . . license tag vehicle referred to in subsection (7) was wisely eliminated from the provisions of Section 570.15 . . .

GONTERMAN, v. STATE, 358 So. 2d 595 (Fla. Dist. Ct. App. 1978)

. . . permission (which authority he did not have in the absence of a warrant, see Powell, supra, and Section 570.15 . . .

STATE v. DRAKE,, 343 So. 2d 1336 (Fla. Dist. Ct. App. 1977)

. . . that theory, Grayville’s consent is limited to a search for agricultural products pursuant to Section 570.15 . . .

STEPHENSON v. DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES,, 342 So. 2d 60 (Fla. 1976)

. . . Consumer Services reported at 329 So.2d 373, which passes on the constitutional validity of Section 570.15 . . . authorizing appellee to require appellants’ trucks to stop for agricultural inspections are Sections 570.15 . . . horticultural, and livestock products and commodities as directed by the department and the division director. “570.15 . . . Under subsection (2) of section 570.15 above, all trucks and motor vehicle trailers [not limited to those . . .

SMITH S. v. STATE, 333 So. 2d 91 (Fla. Dist. Ct. App. 1976)

. . . arrest was unlawful in that Inspector Davis had no authority, either express or implied, under F.S. 570.15 . . . (1975) gives agricultural inspection station officers express authority to make arrests while F.S. 570.15 . . .

T. POWELL, v. STATE, 332 So. 2d 105 (Fla. Dist. Ct. App. 1976)

. . . While the agricultural inspection law which was in effect at the time of this incident, § 570.15, Florida . . .

STEPHENSON v. DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES,, 329 So. 2d 373 (Fla. Dist. Ct. App. 1976)

. . . authorized appellee to require appellants’ trucks to stop for agricultural inspection are Sections 570.15 . . . Subsequent to the entry of the trial court’s order appealed from, Section 570.15, Florida Statutes, was . . . and livestock products and commodities as directed by the department and the division director.” § 570.15 . . . Under subsection (2) of section 570.15 above, all trucks and motor vehicle trailers [not limited to those . . .

SINDRICH v. STATE, 322 So. 2d 589 (Fla. Dist. Ct. App. 1975)

. . . Florida Statute 570.15 (1973) was effective at the time appellants failed to stop at the inspection station . . . Compare then in effect Florida Statute 570.15 (1973) with House Bill 1222, Chapter 75— 215, Laws of Florida . . .

SARGA, v. STATE, 322 So. 2d 592 (Fla. Dist. Ct. App. 1975)

. . . The statute in effect at the time of this search, § 570.15, Florida Statutes 1973, authorized certain . . .

JOHN MCSHAIN, INC. v. THE UNITED STATES, 205 Ct. Cl. 892 (Ct. Cl. 1974)

. . . 44,759.13 August 10, 1973_ 59,140. 76 96, 343.48 September 4, 1973_ 122,092.39 September 14, 1973_ 19, 570.15 . . .