The 2023 Florida Statutes (including Special Session C)

Title XXXV
AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY

Chapter 570
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

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F.S. 570.21

570.21 Publication of department’s bulletins, publications, and reports.—

(1) The Divisions of Administration and Marketing and Development may publish bulletins or other publications and reports containing data and statistics and information relating to:

(a) Agriculture, agricultural production, agricultural labor, and the agricultural conditions of the state, and their development and improvement to increase farm production and values.

(b) The sources, supply, and prices of food; their storage and accumulation at different places; and the quantity and location of the available supply.

(d) Facilities afforded for transportation, marketing, and distribution of foods within the state.

(e) Matters pertaining generally to the production of foods, food safety, the actual food value of articles used in food, and the sale and distribution to the consumer.

(f) Investigations, hearings, and inquiries conducted as provided in this chapter; conclusions reached; and the orders and recommendations made.

(g) Rules and orders of the department.

(h) Any other matter of an agricultural nature which the department deems proper and that is not within the jurisdiction of the agricultural experiment station or the agricultural extension service.

(2) Such bulletins, publications, reports, rules, and orders and the information contained therein shall be published and distributed in the manner deemed best by the department for the dissemination of knowledge as to the agricultural interest of the state and the production, sale, purchase, storage, marketing, and distribution of food, and the economic and food value of articles used as food. The cost of publishing these materials shall be paid in the same manner as other expenses of the department. Copies of these materials may also be sold to the public at their estimated cost, in accordance with a schedule of charges adopted by the department.

History.—s. 1, ch. 59-54; ss. 14, 17, 35, ch. 69-106; s. 1, ch. 73-283; s. 2, ch. 77-289; s. 14, ch. 93-169; s. 2, ch. 93-270; s. 35, ch. 2001-63.

F.S. 570.21 on Google Scholar

F.S. 570.21 on Casetext

Amendments to 570.21

Arrestable Offenses / Crimes under Fla. Stat. 570.21

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 570.21.

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE WILCOX,, 539 B.R. 137 (Bankr. S.D. Tex. 2015)

. . . In December of that year, the • Debtor made an additional $14,038 contribution, as well as a $570.21 . . .

BERNARD, v. ROAL,, 716 F. Supp. 2d 354 (S.D.N.Y. 2010)

. . . . § 570.21(a) ("[i]nmates may be designated to community confinement as a condition of prerelease custody . . .

GARZA, v. DAVIS,, 596 F.3d 1198 (10th Cir. 2010)

. . . . §§ 570.20 and 570.21. Mr. . . . Pre-Release Community Confinement, 73 Fed.Reg. 62,-440, 62,443 (Oct. 21, 2008) (codified at 28 C.F.R. § 570.21 . . .

TORRES- VILLA, v. DAVIS,, 354 F. App'x 311 (10th Cir. 2009)

. . . . §§ 570.20 and 570.21. The government requested that the court dismiss Mr. . . .

Dy BUN, v. WILEY,, 351 F. App'x 267 (10th Cir. 2009)

. . . . §§ 570.20 and 570.21. . . . transfer of eligible inmates to CCCs, and (2) BOP officials violated § 3624(c) and 28 C.F.R. §§ 570.20 and 570.21 . . .

KRUEGER, v. MARTINEZ,, 665 F. Supp. 2d 477 (M.D. Pa. 2009)

. . . Only sections 570.21 and 570.22 are relevant here. . . . Those sections, as amended, would read: 570.21 Time-frames. (a) Community confinement. . . .

v., 132 T.C. 131 (T.C. 2009)

. . . conflict between the Bureau of Prisons (bop) regulations codified at 28 C.F.R. sections 570.20 and 570.21 . . . Title 28 C.F.R. section 570.21(a) (2008) provides that the BOP “will designate inmates to community confinement . . . relies on the Second, Third, Eighth, and Tenth Circuits’ invalidation of 28 C.F.R. secs. 570.20 and 570.21 . . .

W. DEMIS, v. T. R. SNIEZEK, G., 558 F.3d 508 (6th Cir. 2009)

. . . . §§ 570.20 and 570.21, are inconsistent with the requisite individualized consideration of the factors . . . Demis asserted that § 570.21, defined by regulation as the BOP’s “categorical exercise of discretion . . . The magistrate judge concluded that BOP regulations 28 C.F.R. §§ 570.20 and 570.21 “contradict or ignore . . . in Demis’ petition, each holding that the BOP’s “categorical exercise of discretion” in 28 C.F.R. § 570.21 . . . Prior to amendment, 28 C.F.R. § 570.21(a) provided that the BOP "will designate inmates to community . . .

STRONG, v. SCHULTZ,, 599 F. Supp. 2d 556 (D.N.J. 2009)

. . . . § 570.21(a) (Oct. 21, 2008) (“Inmates may be designated to community confinement as a condition of . . .

RODRIGUEZ, v. SMITH,, 541 F.3d 1180 (9th Cir. 2008)

. . . conclude that the BOP’s categorical exercise of discretion as promulgated in 28 C.F.R §§ 570.20 and 570.21 . . . part on the specific factors outlined in § 3621(b), and the BOP regulations set forth in §§ 570.20 and 570.21 . . . The final rules were published as 28 C.F.R. §§ 570.20, 570.21 on January 10, 2005, see 70 F.R. 1659, . . . to promptly consider Rodriguez for transfer to an RRC without reference to 28 C.F.R. §§ 570.20 and 570.21 . . . Section 570.21 provides: § 570.21 When will the Bureau designate inmates to community confinement? . . .

J. T. HALTER, v. C. EICHENLAUB,, 566 F. Supp. 2d 649 (E.D. Mich. 2008)

. . . . §§ 570.20 and 570.21 to categorically deny petitioner placement in a CCC, because such a categorical . . . consider in good faith the factors contained in 18 U.S.C. § 3621(b) without regard to §§ 570.20 and 570.21 . . . Nothing in the unit manager’s letter to Petitioner indicates that the BOP used §§ 570.20 and 570.21 to . . .

NUNEZ, v. LINDSAY, 284 F. App'x 938 (3d Cir. 2008)

. . . . § 570.21(a), which provides: “a) The Bureau will designate inmates to community confinement only as . . . See 28 C.F.R. § 570.21(a), invalidated by Woodall, 432 F.3d at 244. . . . release, scheduled for March 2010, the BOP determined he was ineligible for a transfer to a CCC under § 570.21 . . . In Woodall, we determined that the temporal restriction on transfers to CCCs imposed by 28 C.F.R. § 570.21 . . .

H. MILLER, v. J. D. WHITEHEAD, v. J. D. v. J. D. A. Sr. v. J. D., 527 F.3d 752 (8th Cir. 2008)

. . . . § 570.21. In Elwood, v. . . .

MUNIZ, v. A. SABOL,, 517 F.3d 29 (1st Cir. 2008)

. . . . § 570.21(a). . . . includes Community Corrections Centers (CCC) (also known as “halfway houses”) and home confinement. § 570.21 . . . Section 570.21(b) outlines some exceptions not relevant here. .Under the holding of Richmond, prisoners . . .

M. TISCHENDORF, v. VAN BUREN, FMC-, 526 F. Supp. 2d 606 (N.D. Tex. 2007)

. . . . §§ 570.20 and 570.21 (2006) (collectively, “BOP Regulations”). . . . Section 570.21 provides: (a) The Bureau will designate inmates to community confinement only as part . . . F.Supp.2d 1168, 1172 (D.Colo.2007) (holding that administrative relief for a challenge to 28 C.F.R. § 570.21 . . . programming, during the last ten percent of the prison sentence being served, not to exceed six months,” id § 570.21 . . .

BROCK, v. UNITED STATES DEPARTMENT OF JUSTICE,, 256 F. App'x 748 (6th Cir. 2007)

. . . . §§ 570.20 & 570.21. . . . . § 570.21, the Bureau of Prisons will designate inmates to community confinement only as part of prerelease . . . Brock’s habeas petition challenges the BOP’s refusal, under 28 C.F.R. § 570.21, to individually assess . . .

WILLIAMS, v. PETTIFORD,, 518 F. Supp. 2d 737 (D.S.C. 2007)

. . . . §§ 570.20 and 570.21 (the “2005 regulations”). . . . includes Community Correction Centers (CCC) (also known as “halfway houses”) and home confinement. § 570.21 . . . In this court’s view, § 3624(c) has no bearing on whether §§ 570.20 and 570.21 are consistent with the . . . The new regulations became effective February 14, 2005, and are codified at 28 C.F.R. §§ 570.20 and 570.21 . . . includes Community Corrections Centers (CCC) (also known as “halfway houses”) and home confinement. § 570.21 . . .

JAWORSKI, v. A. GUTIERREZ,, 509 F. Supp. 2d 573 (N.D.W. Va. 2007)

. . . . § 570.21 (emphasis added). . . .

MURDOCK, v. A. GUTIERREZ,, 631 F. Supp. 2d 758 (N.D.W. Va. 2007)

. . . . § 570.21. . . . , residential substance abuse treatment program ... or shock incarceration program) ... 28 C.F.R. § 570.21 . . .

A. JONES, v. ZENK,, 495 F. Supp. 2d 1289 (N.D. Ga. 2007)

. . . . § 570.21 (hereinafter referred to as the “RRC Placement Rule”). . . . Federal Bureau of Prisons, 432 F.3d 235 (3d Cir.2005), Petitioner contends that 28 U.S.C. § 570.21(a) . . . See Woodall, 432 F.3d at 249 (invalidating § 570.21(a) under second prong of Chevron)-, cf. . . . See 28 C.F.R. § 570.21. . . . . § 570.21(a), is invalid under Chevron U.S.A Inc. v. Natural Res. Def. . . .

ROSENSTEIN, v. R. WILEY,, 481 F. Supp. 2d 1201 (D. Colo. 2007)

. . . . § 570.21, is an improper exercise of the BOP’s rulemaking authority and therefore invalid (Recommendation . . . The BOP has already applied 28 C.F.R. §§ 570.21 to Mr. . . . See 28 C.F.R. § 570.21(b). Respondent does not allege that any such programs are available to Mr. . . . There is a split of authority in the federal courts about the validity of 28 C.F.R. § 570.21. . . . The Circuits found that 28 C.F.R. § 570.21 is contrary to § 3621(b)’s unambiguous language because it . . .

BELL, v. R. WILEY,, 481 F. Supp. 2d 1168 (D. Colo. 2007)

. . . . § 570.21, that limits a federal prisoner’s placement in a community corrections center to the last . . . of the panel agreed with the conclusions in Levine, Fults, Woodall, and Wedelstedt that 28 C.F.R. § 570.21 . . . If the BOP has not already applied 28 C.F.R. § 570.21 to Mr. . . . See 28 C.F.R. § 570.21(b). Respondent does not allege that any such programs are available to Mr. . . . There is a split of authority in the federal courts about the validity of 28 C.F.R. § 570.21. . . .

M. LEJA, v. SABOL, FMC, 476 F. Supp. 2d 16 (D. Mass. 2007)

. . . . §§ 570.20 and 570.21 as divesting it of the authority to exercise the placement discretion conferred . . . corrections placement in good faith without regard to its interpretation of 28 C.F.R. §§ 570.20 and 570.21 . . .

J. WEDELSTEDT, v. WILEY,, 477 F.3d 1160 (10th Cir. 2007)

. . . . §§ 570.20 and 570.21, are inconsistent with clear congressional intent articulated in 18 U.S.C. § 3621 . . . its order that Wedelstedt be considered for CCC placement without regard to 28 C.F.R. §§ 570.20 and 570.21 . . . Regulatory and Statutory Provisions Section 570.21 of the BOP’s regulations states the BOP “will designate . . . The statute Respondent alleges authorized the promulgation of §§ 570.20 and 570.21, 18 U.S.C. § 3621( . . . This court joins the Second, Third, and Eighth Circuits in concluding 28 C.F.R. §§ 570.20 and 570.21 . . . . § 570.21, was adopted in accordance with proper procedures and whether the BOP has justified it as . . .

D. SONNIER, v. FRANCIS,, 217 F. App'x 410 (5th Cir. 2007)

. . . . § 570.21, to the execution of her sentence, but she specifically declined to challenge the validity . . . Sonnier now seeks to argue on appeal that 28 C.F.R. §§ 570.20 and 570.21 are invalid and that her due . . . Sonnier argues that the district court erred in holding that application of § 570.21 did not violate . . . Bureau of Prisons, 432 F.3d 235 (3rd Cir.2005) (finding § 570.21 invalid in light of 18 U.S.C. § 3621 . . .

BROWN, v. K. HOGSTEN,, 214 F. App'x 124 (3d Cir. 2007)

. . . . §§ 570.20, 570.21. . . .

LEWIS H. A. J. H. A. A. A. Sr. D. R. W. M. R. J. J. A. A. v. J. D. WHITEHEAD,, 470 F. Supp. 2d 1043 (D.S.D. 2007)

. . . . § 570.21, limited an inmate’s pre-release placement to ten percent of his sentence. . . . the extent practicable, offer assistance to a prisoner during such pre-release custody. . 28 C.F.R. § 570.21 . . .

PEREZ, v. L. WINN, FMC, 465 F. Supp. 2d 87 (D. Mass. 2006)

. . . . §§ 570.20 and 570.21 wrongly preclude individualized consideration of his eligibility for community . . . employed by the B.O.P. prior to December 2002 and without, consideration of 28 C.F.R. §§ 570.20 and 570.21 . . .

MUNIZ, v. L. WINN, J. v. L., 462 F. Supp. 2d 175 (D. Mass. 2006)

. . . . § 570.21. . . . make any particular placement decision, but it does invalidate the portions of 28 C.F.R. §§ 570.20 and 570.21 . . .

COVIELLO, v. L. WINN,, 477 F. Supp. 2d 301 (D. Mass. 2006)

. . . . §§ 570.20, 570.21. . . . The rule was codified in 28 C.F.R. §§ 570.20, 570.21: § 570.20 What is the purpose of this subpart? . . . includes Community Corrections Centers (CCC) (also known as “halfway houses”) and home confinement. § 570.21 . . .

D. JASPERSON, v. FEDERAL BUREAU OF PRISONS,, 460 F. Supp. 2d 76 (D.D.C. 2006)

. . . . § 570.21(a). . . .

In ALMAHDI,, 201 F. App'x 872 (3d Cir. 2006)

. . . . § 570.21, Almahdi alleged in his habeas petition that the rule denied him the opportunity to obtain . . .

PEREZ, v. L. WINN, FMC, 457 F. Supp. 2d 109 (D. Mass. 2006)

. . . . §§ 570.20 and 570.21 wrongly preclude individualized consideration of a prisoner’s eligibility for . . . employed by the B.O.P. prior to December 2002 and without consideration of 28 C.F.R. §§ 570.20 and 570.21 . . .

BOSCO, v. APKER,, 445 F. Supp. 2d 398 (S.D.N.Y. 2006)

. . . Part 570 (“ § 570.21”) constituted an unauthorized exercise of the BOP’s administrative discretion pursuant . . . immediately and in good faith consider his eligibility for transfer to a CCC without reference to § 570.21 . . . See § 570.21. Subsequent to the filing of Bosco’s petition, the Second Circuit ruled in Levine v. . . . Apker that § 570.21 “is an improper exercise of the BOP’s rulemaking authority.” 455 F.3d 71, 86 (2d . . . Thus, inmates examined under 7310.14 will not be subject to the limitations of § 570.21. . . .

WHITE, v. APKER,, 445 F. Supp. 2d 397 (S.D.N.Y. 2006)

. . . Part 570 (“ § 570.21”) constituted an unauthorized exercise of the BOP’s administrative discretion pursuant . . . immediately and in good faith consider his eligibility for transfer to a CCC without reference to § 570.21 . . . See § 570.21. Subsequent to the filing of White’s petition, the Second Circuit ruled in Levine v. . . . Apker that § 570.21 “is an improper exercise of the BOP’s rulemaking authority.” 455 F.3d 71, 86 (2d . . . Thus, inmates examined under 7310.14 will not be subject to the limitations of § 570.21. . . .

HACKER, v. FEDERAL BUREAU OF PRISONS, T. A. R. H. J., 450 F. Supp. 2d 705 (E.D. Mich. 2006)

. . . . § 570.21, the BOP no longer has the discretionary authority to place an offender in a CCC based upon . . . The petitioner challenges the validity and implementation of 28 C.F.R. § 570.20 and 28 C.F.R. § 570.21 . . . greater periods of community confinement, as provided by separate statutory authority.” 28 C.F.R. § 570.21 . . .

UNITED STATES v. HERRINGTON,, 187 F. App'x 140 (3d Cir. 2006)

. . . . §§ 570.20, 570.21. . . .

LEVINE, v. APKER, 455 F.3d 71 (2d Cir. 2006)

. . . . § 570.21(a); see also 18 U.S.C. § 3624(c). . . . . § 570.21(b). . . . during the last ten percent of the prison sentence being served, not to exceed six months,” 28 C.F.R. § 570.21 . . . . § 570.21. . . . as “the last ten percent of the prison sentence being served, not to exceed six months.” 28 C.F.R. § 570.21 . . . Accordingly, and like our sister circuits, we find that 28 C.F.R. § 570.21 is an improper exercise of . . . facility,” the BOP must consider the factors set forth in § 3621(b), without reference to 28 C.F.R. § 570.21 . . . Indeed, by promulgating 28 C.F.R. § 570.21 (the February 2005 Rule) under the authority of § 3621(b), . . .

PUTNAM, v. L. WINN,, 441 F. Supp. 2d 253 (D. Mass. 2006)

. . . . §§ 570.20, 570.21. § 570.20 What is the purpose of this subpart? . . . includes Community Corrections Centers (CCC) (also known as “halfway houses”) and home confinement. § 570.21 . . . standards employed at FMC Devens prior to December 2002 and without consideration of 28 C.F.R. §§ 570.20, 570.21 . . .

KU, v. WILLINGHAM, CT., 431 F. Supp. 2d 265 (D. Conn. 2006)

. . . . §§ 570.20-570.21, which restrict the prerelease time inmates can serve in a Community Correction Center . . . program (18 U.S.C. 3621(e)(2)(A))), or shock incarceration program (18 U.S.C. 4046(c)). 28 C.F.R. § 570.21 . . . Remedy This Court having concluded that the 10% rule, 28 C.F.R. §§ 570.20-570.21, is an invalid exercise . . .

MARTIN, v. WILLINGHAM, CT, 430 F. Supp. 2d 82 (D. Conn. 2006)

. . . . §§ 570.20-570.21, which restrict the prerelease time inmates can serve in a Community Correction Center . . . program (18 U.S.C. 3621(e)(2)(A)), or shock incarceration program (18 U.S.C. 4046(c))). 28 C.F.R. § 570.21 . . . Remedy This Court having concluded that the 10% rule, 28 C.F.R. §§ 570.20-570.21, is an invalid exercise . . .

FULTS, v. SANDERS, FCI- FC,, 442 F.3d 1088 (8th Cir. 2006)

. . . . § 570.20, 570.21. . . . . § 570.21 states: (a) The Bureau will designate inmates to community confinement only as part of pre-release . . .

EVANS, v. WILLINGHAM,, 413 F. Supp. 2d 155 (D. Conn. 2006)

. . . . § 570.21(a). In the last year, the validity of the 2005 regulations has also been litigated. . . .

WOODALL, v. FEDERAL BUREAU OF PRISONS G., 432 F.3d 235 (3d Cir. 2005)

. . . . § 570.21 When will the Bureau designate inmates to community confinement? . . . (18 U.S.C. 3621(e)(2)(A)), or shock incarceration program (18 U.S.C. 4046(c)). 28 C.F.R. §§ 570.20, 570.21 . . .

MOSS, v. APKER,, 376 F. Supp. 2d 416 (S.D.N.Y. 2005)

. . . . §§ 570.20-570.21 (2005). . . .

PIMENTEL, v. GONZALES,, 367 F. Supp. 2d 365 (E.D.N.Y. 2005)

. . . . § 570.21. . . . Community Corrections Centers (CCC) (also known as "halfway houses”) and home confinement. 28 C.F.R. § 570.21 . . .

UNITED STATES v. T. PAIGE,, 369 F. Supp. 2d 1257 (D. Mont. 2005)

. . . . § 570.21, provides: (a) The Bureau will designate inmates to community confinement only as part of . . . the few cases which has examined the legality of the new BOP regulations, 28 C.F.R. §§§§ 570.20 and 570.21 . . . deemed appropriate by the BOP, without reference to either the December 2002 policy or 28 C.F.R. § 570.21 . . . promulgated in December 2002 and without reference to the BOP’s February 14, 2005, amendment to 28 C.F.R. § 570.21 . . .

RICHMOND, v. SCIBANA,, 387 F.3d 602 (7th Cir. 2004)

. . . . § 570.21). . . .