The 2023 Florida Statutes (including Special Session C)

Title XXXV
AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY

Chapter 581
PLANT INDUSTRY

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F.S. 581.101

581.101 Quarantines; declaration; confiscation of contraband; removal or tampering with tag or certificate.—

(1) When the department under the provisions of this chapter declares a quarantine against any place, nursery, grove, orchard, or county of this state, another state, a territory, or a foreign country as to a plant pest or noxious weed or genetically engineered plant or plant pest organism, or an arthropod, it is unlawful, until the quarantine is removed, for any person to introduce into this state, or to move or dispose of within this state, any plant, plant product, or other thing included in the quarantine, except as allowed by rules of the department.

(2) Any plant, plant product, or other thing included under a quarantine which is moved or disposed of within the state in violation of this section, and any plant propagated from such plant, plant product, or other thing, is contraband and shall be confiscated and destroyed by the department without compensation.

(3) It is unlawful for any person to remove from any plant or plant product any official quarantine tag or certificate of the department, or to destroy or disguise any such tag or certificate, without prior authorization from an authorized representative of the department.

History.—s. 9, ch. 12291, 1927; CGL 3838; s. 10, ch. 59-261; ss. 14, 35, ch. 69-106; s. 3, ch. 70-49; s. 1, ch. 70-439; s. 244, ch. 71-377; s. 1, ch. 77-98; s. 1, ch. 77-386; s. 5, ch. 79-158; s. 4, ch. 84-355; s. 4, ch. 88-31; s. 4, ch. 90-155; s. 47, ch. 93-169.

Note.—Former s. 581.07.

F.S. 581.101 on Google Scholar

F.S. 581.101 on Casetext

Amendments to 581.101

Arrestable Offenses / Crimes under Fla. Stat. 581.101

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

S581.101 1 - HEALTH-SAFETY - VIOLATE PLANT QUARANTINE - M: F

S581.101 3 - DAMAGE PROP-CRIM MISCH - REMOVE DESTROY QUARANTINE TAG PLANT PRODUCT - M: F

Annotations, Discussions, Cases:

Cases from cite.case.law:

MILLARD, v. UNITED STATES,, 16 Cl. Ct. 485 (Cl. Ct. 1989)

. . . . § 659 (1982) and its implementing regulations, 5 CFR 581.101 et. seq. (1988). . . .

MORTON, v. UNITED STATES,, 708 F.2d 680 (Fed. Cir. 1983)

. . . . § 581.101 et seq. (1981), (which are basic to the regulations of all agencies), are void if the majority . . . The regulations of the Office of Personnel Management [5 C.F.R. § 581.101 et seq. (1981) ], too lengthy . . .

MORTON, v. UNITED STATES,, 708 F.2d 680 (Fed. Cir. 1983)

DOUGLAS v. J. DONOVAN,, 704 F.2d 1276 (D.C. Cir. 1983)

. . . . §§ 581.101-.501 (1982), the DOL notified Douglas of the garnishment and began to withhold $1504 per . . .