Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5C - Division of Animal Industry › Chapter 5C-30 - ENFORCEMENT AND PENALTIES › Section 5C-30.003 - Penalties

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule describes the penalties for
				violations of the requirements provided in Chapter 585, F.S., and rule Division
				5C, F.A.C.
(2) The provision of
				specified penalties in this rule shall not preclude the Department from seeking
				any legal remedy or injunctive relief available under Sections
				585.005 and
				585.007, F.S.
(3) The penalties for failure to comply with
				the health standards for importation or intrastate movement of animals are as
				provided in Table #1.
TABLE #1
Decision and Penalty Matrix for
							 Division of Animal Industry Movement Violations
Division of Animal Industry - DAI
Equine Infectious Anemia - EIA
Individually Identified - ID
National Poultry Improvement Plan - NPIP
Official Certificate of Veterinary Inspection - OCVI
							 (valid for 30 days)
Pullorum-Typhoid - PT Test
Tuberculosis - TB
SPECIES
VIOLATION
ADMINISTRATIVE
ACTION
INTRASTATE
(Within State)
ADMINISTRATIVE
ACTION
INTERSTATE
(Import into State)
ADMINISTRATIVE PENALTY*
All Animals
Use of forged, altered or counterfeited documents as
							 required in Division 5C, F.A.C.
Quarantine back to Premises of Origin and
							 Administrative Fine.
Refuse entry into state.
1st $500 per animal
2nd $2, 500 per animal
3rd $5, 000 per animal
4th and subsequent violations within 36 months of
							 last violation - $10, 000 per animal.
All Animals
Movement of animals showing signs of illness or dead
							 animals unless accompanied by a valid Carcass Haulers Permit or prior
							 permission number from the Division of Animal Industry.
Quarantine back to originating premise and
							 Administrative Fine.
Refuse entry for dead animals unless accompanied by a
							 valid Carcass Haulers Permit or a prior permission number from the Division of
							 Animal Industry. All other animals showing signs of illness, contact the
							 Division of Animal Industry.
1st $500 per animal
2nd $2, 500 per animal
3rd $5, 000 per animal
4th and subsequent violations within 36 months of
							 last violation - $10, 000 per animal.
All Animals
Illegal Importation
N/A
Quarantine
and
Administrative Fine.
1st $500 per animal
2nd $2, 500 per animal
3rd $5, 000 per animal
4th and subsequent violations within 36 months of
							 last violation - $10, 000 per animal.
All Animals
Movement or commingling of animals in violation of
							 quarantine.
Quarantine back to Premises of Origin and
							 Administrative Fine.
Refuse entry into state.
1st $1, 000 per animal
2nd $2, 500 per animal
3rd $5, 000 per animal
4th and subsequent violations within 36 months of
							 last violation - $10, 000 per animal.
All Animals
Failure to allow records inspection
Quarantine to Premises of Origin and Administrative
							 Fine.
Refuse entry into state.
1st $500 per animal
2nd $2, 500 per animal
3rd $5, 000 per animal
4th and subsequent violations within 36 months of
							 last violation - $10, 000 per animal.
All Animals
Failure to test or maintain records as required by
							 Division 5C, F.A.C.
Quarantine to Premises of Origin and Administrative
							 Fine.
Refuse entry into state.
1st Warning Letter.
2nd $500 per animal
3rd $1, 500 per animal; subsequent violations within
							 36 months of last violation - $1, 000 increments up to $10, 000 per
							 animal.
All Animals
Failure to allow access or testing of animals for
							 contagious or infectious disease.
Quarantine to Premises of Origin and Administrative
							 Fine.
Refuse entry into state.
1st $500 per animal
2nd $2, 500 per animal
3rd $5, 000 per animal
4th and subsequent violations within 36 months of
							 last violation - $10, 000.
All Animals
No valid carcass hauler permit in accordance with
							 Section 585.147, FS.
Quarantine to Premises of Origin and Administrative
							 Fine.
Refuse entry into state.
1st $500 per animal
2nd $2, 500 per animal
3rd $5, 000 per animal
4th and subsequent violations within 36 months of
							 last violation - $10, 000 per animal.
All Animals
Failure to report a dangerous transmissible disease
							 to the State Veterinarian as required under Section
							 585.19, FS.
Administrative Fine
N/A
1st $500 per animal
2nd $2, 500 per animal
3rd $5, 000 per animal
4th and subsequent violations within 36 months of
							 last violation - $10, 000 per animal.
All Animals
Concealing, removing or attempting to conceal or
							 remove an animal that is known or suspected of being afflicted or suffering
							 from a disease or pest designated on the department's dangerous transmissible
							 disease list as required under Section
							 585.18, FS.
Quarantine to Premises of Origin and Administrative
							 Fine.
Quarantine to Premises of Origin and Administrative
							 Fine.
1st $500 per animal
2nd $2, 500 per animal
3rd $5, 000 per animal
4th and subsequent violations within 36 months of
							 last violation - $10, 000 per animal.
All Animals
(Except poultry and deer-see below).
No prior permission number as required in Division
							 5C-3, F.A.C.
N/A
Allow entry into state. Division of Animal Industry
							 will contact issuing veterinarian. Issue an Advisory Notice.
1st Notice of Non-Compliance
2nd Notice of Non-Compliance
3rd and subsequent violations within 36 months of
							 last violation - refuse entry into state.
Cattle
(Unidentified)
Failure by an Approved Livestock Facility accepting
							 cattle to: tag as an Approved Tagging Site; place into designated "slaughter
							 only" sale channels; deny entry to the market.
Administrative Fine
Administrative Fine
1st $25 per animal per violation
2nd $50 per animal per violation
3rd $100 per animal per violation
Cattle
(Unidentified)
Failure by an Approved Livestock Facility or
							 Purchaser to timely submit complete and accurate records required by
							 subparagraph
5C-31.004(2)(a)
							 3., or
5C-31.004(2)(b)
							 4., or
5C-31.004(2)(b)
							 7., F.A.C.
Administrative Fine
Administrative Fine
1st $25 per animal per violation
2nd $50 per animal per violation
3rd $100 per animal per violation
Cattle
(Unidentified)
Failure by an Approved Livestock Facility or
							 Purchaser to retain the information required by subparagraph
5C-31.004(2)(a)
							 4., or
5C-31.004(2)(b)
							 5., or
5C-31.004(2)(b)
							 8., F.A.C.
Administrative Fine
Administrative Fine
1st $25 per animal per violation
2nd $50 per animal per violation
3rd $100 per animal per violation
Cattle
(Unidentified)
Failure of Purchaser of unidentified Cattle to tag
							 Cattle in accordance with subparagraph
5C-31.004(2)(a)
							 3., F.A.C.
Quarantine to origin or destination until animals are
							 officially identified and Administrative Fine.
Quarantine to origin or destination until animals are
							 officially identified and Administrative Fine.
1st $25 per animal per violation
2nd $50 per animal per violation
3rd $100 per animal per violation
Cattle
(Unidentified)
Failure of Purchaser to provide the Premises
							 Identification Number to Approved Livestock Facility as required by
							 subparagraph
5C-31.004(2)(b)
							 2., F.A.C.
Quarantine to origin or destination until animals are
							 officially identified and Administrative Fine.
Quarantine to origin or destination until animals are
							 officially identified and Administrative Fine.
1st $25 per animal per violation
2nd $50 per animal per violation
3rd $100 per animal per violation
Cattle (Identification)
Failure to have Official Individual
							 Identification.
Quarantine to origin or destination until animals are
							 officially identified and Administrative Fine.
Quarantine to origin or destination until animals are
							 officially identified and Administrative Fine.
1st $25 per animal per violation
2nd $50 per animal per violation
3rd 100 per animal per violation
Failure to prevent commingling with Cattle under
							 separate ownership.
Quarantine to origin or destination until animals are
							 officially identified and Administrative Fine.
Quarantine to origin or destination until animals are
							 officially identified and Administrative Fine.
1st $25 per animal per violation
2nd $50 per animal per violation
3rd 100 per animal per violation
Cattle and Bison (Bovine)
No ID, or invalid OCVI /no OCVI.
N/A
Quarantine to destination and Administrative
							 Fine.
1st $25 per animal
2nd $50 per animal
3rd $100 per animal; subsequent violations within 36
							 months in $100 increments up to $10, 000 per animal.
Refuse entry into state.
Cattle and Bison (Bovine)
No tuberculosis (TB) or brucellosis test in
							 accordance with paragraph
5C-3.004(2)(b),
							 F.A.C.
N/A
Refuse entry into state if consigned to a show, sale
							 or exhibition.
All other shipments- quarantine to destination and
							 Administrative Fine.
1st Warning Letter.
2nd $100 per animal
3rd $500 per animal
4th $1, 000 per animal; subsequent violations within
							 36 months in $1000 increments up to $10, 000 per animal.
Deer (Cervidae)
No OCVI or prior permission.
Quarantine back to premises of origin and
							 Administrative Fine.
Refuse entry into state. Interstate import of
							 Cervidae is not permitted in accordance with Rule
							 68A-4.0051 F.A.C., unless exempt
							 as provided in subsections
							 68A-4.0051(1)
							 -(2), F.A.C.
1st $1, 000 per animal
2nd $2, 500 per animal
3rd $5, 000 per animal
4th and subsequent violations within 36 months of
							 last violation - $10, 000 per animal.
Dogs or Cats
No OCVI, incomplete or expired OCVI.
Quarantine back to Premises of Origin and
							 Administrative Fine.
Refuse entry into state.
1st Warning Letter.
2nd $100 per animal
3rd $500 per animal; subsequent violations within 36
							 months in $500 increments up to $10, 000 animal.
Dogs or Cats
Falsifying OCVI with information from out of state
							 OCVI.
Quarantine back to Premises of Origin and
							 Administrative Fine.
Refuse entry into state.
1st $500 per animal
2nd $2, 500 per animal
3rd $5, 000 per animal
4th and subsequent violations within 36 months of
							 last violation - $10, 000 per animal.
Dogs or Cats
Forging, altering, or misrepresenting OCVI.
Quarantine back to Premises of Origin and
							 Administrative Fine.
Refuse entry into state.
1st $500 per animal
2nd $2, 500 per animal
3rd $5, 000 per animal
4th and subsequent violations within 36 months of
							 last violation - $10, 000 per animal.
Dogs or Cats
Failure to have current rabies vaccination on 'of
							 age' animal on OCVI. "Of age" is defined as four (4) months in accordance with
							 Section 828.30(1),
							 F.S., and over three (3) months for animals offered for sale in accordance with
							 Section 828.29(1)(b),
							 F.S.
Quarantine back to Premises of Origin and
							 Administrative Fine.
Refuse entry into state.
1st Warning Letter.
2nd $500 per animal
3rd $1, 000 per animal; subsequent violations within
							 36 months in $1000 increments up to $10, 000 per animal; refuse entry into
							 state.
Dogs or Cats
Failure to wait 14 days after vaccinations to ship
							 animal for sale into state in accordance with Section
							 828.29(1)(a),
							 F.S.
Quarantine back to Premises of Origin and
							 Administrative Fine.
Refuse entry into state.
1st Warning Letter; Referral to DBPR.
2nd $100 per animal
3rd $500 per animal
4th $1, 000 per animal; subsequent violations within
							 36 months in $1, 000 increments up to $10, 000; Cease and Desist Order.
Goats and Sheep
(Caprine and Ovine)
No ID as required in subsection
5C-29.002(1),
							 F.A.C. (USDA scrapie tags-required unless consigned to a USDA-approved
							 livestock market).
Quarantine back to Premises of Origin and
							 Administrative Fine.
Refuse entry into state.
1st $25 per animal
2nd $50 per animal
3rd $100 per animal; subsequent violations within 36
							 months in $100 increments up to $10, 000 per animal.
Goats and Sheep
(Caprine and Ovine)
No OCVI/invalid OCVI.
N/A
Quarantine to destination and Administrative
							 Fine.
1st $25 per animal
2nd $50 per animal
3rd $100 per animal; subsequent violations within 36
							 months in $100 increments up to $10, 000 per animal.
Refuse entry into state.
Goats and Sheep
(Caprine and Ovine)
No TB test or brucellosis test.
N/A
Refuse entry into state if consigned to a show, sale,
							 or exhibition.
All other shipments- quarantine to destination and
							 Administrative Fine.
1st Warning Letter.
2nd $100 per animal
3rd $500 per animal
4th $1, 000 per animal; subsequent violations within
							 36 months in $1, 000 increments up to $10, 000 per animal.
Goats and Sheep
(Caprine and Ovine)
No disease-free statement provided by issuing
							 veterinarian, as required in paragraph
5C-3.005(1)(b),
							 F.A.C.
N/A
Issue an Advisory Notice.
Notice of Non-Compliance.
Horses (Equine)
No EIA test, outdated EIA test, EIA not
							 accurate/legible, or EIA does not match horse.
Quarantine back to Premises of Origin and
							 Administrative Fine.
Refuse entry into state if consigned to a show, sale
							 or exhibition.
All other shipments-refuse entry into state; or at
							 owner's request and expense, call a Florida accredited veterinarian to test for
							 EIA, and quarantine to destination pending outcome of the test and
							 Administrative Fine.
1st Warning Letter.
2nd $100 per animal
3rd $500 per animal
4th $1, 000 per animal; subsequent violations within
							 36 months in $1, 000 increments up to $10, 000 per animal.
Horses (Equine)
No OCVI, invalid OCVI, or OCVI does not match the
							 horse.
N/A
Call a Florida veterinarian to issue OCVI, at owner's
							 expense, and allow entry. If no veterinarian is available, then quarantine to
							 destination and Administrative Fine.
1st Warning Letter.
2nd $100 per animal
3rd $500 per animal
4th $1, 000 per animal; subsequent violations within
							 36 months in $1, 000 increments up to $10, 000 per animal.
Horses (Equine)
No Equine Piroplasmosis (EP) test or treatment if
							 from endemic area.
Quarantine back to Premises of Origin.
Refuse entry into state.
N/A
Horses (Equine)
No temperature reading on OCVI.
N/A
Allow entry into state and issue an Advisory
							 Notice.
Notice of Non-Compliance.
Horses (Equine)
Failure to maintain requirements for an approved
							 Equine Infectious Anemia Quarantine Premises in accordance with Rule
							 5C-18.007, F.A.C., or Equine
							 Piroplasmosis Quarantine Premises in accordance with Rule
							 5C-14.006, F.A.C.
Administrative Fine.
N/A
1st Warning Letter.
2nd $100 per animal
3rd $500 per animal
4th $1, 000 per animal; subsequent violations within
							 36 months in $1, 000 increments up to $10, 000 per animal.
Horses (Equine)
Failure to maintain requirements or standards for an
							 approved Contagious Equine Metritis (CEM) Quarantine Facility in accordance
							 with Rule 5C-22.004, F.A.C.
Maintain quarantine and Administrative Fine.
N/A
1st Warning Letter.
2nd $500 per animal
3rd and subsequent violations within 36 months, $1,
							 000 fine per animal and revoke Approval of CEM Quarantine Facility.
Pigs (Swine/Porcine)
No ID as defined in subsection
5C-21.002(24),
							 F.A.C., or OCVI/invalid OCVI.
N/A
Quarantine to destination and Administrative
							 Fine.
1st $25 per animal
2nd $50 per animal
3rd $100 per animal; subsequent violations within 36
							 months in $100 increments up to $10, 000 per animal.
Refuse entry into state.
Pigs (Swine/Porcine)
No pseudorabies or brucellosis test in accordance
							 with subsection
5C-3.007(3),
							 F.A.C.
N/A
Refuse entry into state if consigned to a show, sale
							 or exhibition.
All other shipments- quarantine to destination and
							 Administrative Fine.
1st Warning Letter.
2nd $100 per animal
3rd $500 per animal
4th $1, 000 per animal; subsequent violations within
							 36 months in $1, 000 increments up to $10, 000 per animal.
Pigs (Swine/Porcine)
Movement without Feral Swine Dealer Card.
Quarantine to destination and Administrative
							 Fine.
N/A
1st $25 per animal
2nd $50 per animal
3rd $100 per animal; subsequent violations within 36
							 months in $100 increments up to $10, 000 per animal.
Pigs (Swine/Porcine)
Unlicensed Feral Swine Holding Facility.
Animals quarantined on premises and Administrative
							 Fine.
N/A
1st Warning Letter.
2nd $25 per animal per violation
3rd $50 per animal per violation
4th $100 per animal per violation; subsequent
							 violations within 36 months in $100 increments up to $10, 000 per
							 animal.
Pigs (Swine/Porcine)
Movement of feral swine to non-listed
							 premises.
Quarantine to origin or destination premises and
							 Administrative Fine.
Refuse entry into state.
1st $25 per animal per violation
2nd $50 per animal per violation
3rd $100 per animal per violation; subsequent
							 violations within 36 months in $100 increments up to $10, 000 per
							 animal.
Pigs (Swine/Porcine)
Feeding non-sterilized raw garbage to swine in
							 accordance with subsection
5C-11.017(1),
							 F.A.C.
Quarantine on premises and Administrative
							 Fine.
N/A
1st $500 per animal
2nd $2, 500 per animal
3rd $5, 000 per animal
4th and subsequent violations within 36 months of
							 last violation - $10, 000 per animal.
Poultry (Avian)
No OCVI/invalid OCVI, PT test, Avian Influenza test,
							 Exotic Newcastle Disease test, or NPIP/VS
9-3 in accordance with Rule
							 5C-3.012, F.A.C.
N/A
Refuse entry into state.
N/A
Poultry (Avian)
No Avian Influenza test if Rule
							 5C-16.021, F.A.C., is in
							 effect.
Quarantine back to Premises of Origin.
N/A
Notice of Non-Compliance
Poultry (Avian)
No prior permission number with OCVI for poultry
							 originating from a state with no premises under quarantine for Highly
							 Pathogenic Avian Influenza (HPAI) or Exotic Newcastle Disease (END).
N/A
Allow entry to a single destination and
							 quarantine.
1st Quarantine
2nd Quarantine
3rd and subsequent violations within 36 months of
							 last violation - refuse entry into state.
Poultry (Avian)
No prior permission number with OCVI for poultry
							 originating from a state with premises under quarantine for Highly Pathogenic
							 Avian Influenza (HPAI) or Exotic Newcastle Disease (END).
N/A
Refuse entry into state.
N/A
Laboratory Documents
Altering, forging, or misrepresenting a document as
							 an official state document from FDACS laboratory.
Administrative Fine.
Administrative Fine.
1st $500 per animal
2nd $2, 500 per animal
3rd $5, 000 per animal
4th and subsequent violations within 36 months of
							 last violation - $10, 000 per animal.
*The penalties in Table #1 are listed in the order that they
				  will apply with each succeeding violation.
(4) Resolution of Violations, Settlement, and
				Additional Enforcement Remedies - The Department and person charged with a
				violation may agree to resolve violations prior to an administrative hearing,
				or enter into settlement pursuant to Section
				120.57(4), F.S.
				The penalties addressed in this rule shall not be construed to limit the
				authority of the Department to resolve violations prior to or after initiation
				of any administrative action or to settle with any party. The Department shall
				utilize all available remedies to ensure compliance including administrative
				action, civil actions, settlements, and referrals for criminal prosecution. The
				Department shall enforce a failure to comply with an agreement to resolve
				violations or a settlement agreement with the penalties and remedies provided
				in the agreement and as authorized by Chapters 120 or 570 and 585,
				F.S.
Rulemaking Authority 570.07(23), 585.002(4), 585.08(2)(a)
					 FS. Law Implemented 570.07(15),
					 570.36(2),
					 585.003,
					 585.007(1),
					 585.08(2)(a),
					 585.145(1),
					 (2),
					 585.16,
					 585.18,
					 585.19,
					 585.23,
					 585.40
					 FS.
New 5-24-10, Amended 2-19-14, 9-4-14,
					 1-11-17.