1. (1) Definitions. For purposes of this rule, the following definitions shall apply:

   1. (a) “Agricultural Inspection Station” means a location identified in Florida Agricultural Inspection Stations, FDACS-P-02247 (06/2025), which is hereby adopted and incorporated by reference. Copies of this document may be obtained from the Department of Agriculture and Consumer Services, Office of Agricultural Law Enforcement, 2005 Apalachee Parkway, Suite B, Tallahassee, Florida 32399-6500 or accessed online at: HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-18468"http://www.flrules.org/Gateway/reference.asp?No=Ref-18468.
   2. (b) “Agricultural Inspection Pad” means a paved side pad located parallel to a state road without a fixed inspection station and which is used to establish temporary agricultural inspection sites.
   3. (c) “Mobile” or “roving” officer means an officer of the Office of Agriclutural Law Enforcement assigned to patrol the streets and highways of the state whose primary purpose is the interdiction of any of the following nonconforming products: 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.
   4. (d) “Vehicle” means any object identified in s. 570.15(1)(a)1.f.-i., F.S., which is used or could be used for the 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.
   5. (e) “Inspection” means for those vehicles designated in Section 570.15(1)(a), F.S.: The examination of documents including but not limited to bill of lading, proof of ownership, certificate of inspection, and similar or related documents.

2. (2) All vehicles within this state are subject to inspection.

   1. (a) The inspection of the following vehicles includes examination of the cargo of the vehicle:

      1. All livestock carrying vehicles;

      2. All vehicles having no valid documentation of cargo except empty semitrailer rigs;

      3. Vehicles having documentation of cargo which is apparently altered or inconsistent with the physical characteristics of said vehicle;

      4. All vehicles participating in the Commercial Carrier Pre-clearance Program which voluntarily enter agricultural inspection stations to declare commodities over which the Department exercises regulatory authority;

      5. All vehicles participating in the Commercial Carrier Pre-clearance Program which are routed into an agricultural inspection station for a compliance inspection;

      6. All vehicles with valid documentation indicating agricultural products, horticultural products, aquaculture, products derived from aquaculture, livestock, products derived from livestock, or other commodities over which the Department exercises regulatory authority with the exception of:

      a. Fully loaded vehicles transporting only fresh citrus fruit accompanied by a valid inspection certificate covering an amount of fruit compatible with the carrying capacity of said vehicle.

      b. Fully loaded vehicles transporting only tomatoes accompanied by a valid inspection certificate covering an amount of tomatoes compatible with the carrying capacity of said vehicle.

   2. (b) With respect to other vehicles not identified in subparagraphs (2)(a)1.-6., the following neutral criteria will be adhered to for conducting inspections of such vehicles and cargo:

      1. Every 20th other such vehicle at Agricultural Inspection Stations 6A, 6B, 9A, 9B, 16A, 16B, and 19.

      2. Agricultural Inspection Stations 1 and 14 shall calculate the every 10th vehicle count by maintaining two separate counts, one for the northbound ramp and one for the southbound ramp.

      3. Every 10th other such vehicle at Agricultural Inspection Station 20.

      4. Agricultural Inspection Stations 2, 3, 4, 5, 7, 8, 10, 10A, 11, 12, 13, 15, 17 and 18 shall calculate the every 10th vehicle count by maintaining a combined count for the lanes in both directions.

      5. Every 10th vehicle at an Agricultural Inspection Pad, by maintaining a combined count for the lanes in both directions at the temporary inspection location.

      6. Every 10th other such vehicle stopped by a mobile or roving officer of the Office of Agricultural Law Enforcement while being operated upon the streets and highways of the state. Each mobile or roving officer shall calculate the every 10th vehicle count individually for his or her shift.

3. (3) The following vehicles unless carrying agricultural products, horticultural products, aquaculture, products derived from aquaculture, livestock, products derived from livestock, or other commodities over which the Department exercises regulatory authority shall be exempt from inspection and shall not be included in the count specified in subparagraph (2)(b) of this rule:

   1. (a) Car and boat carriers;
   2. (b) Designated U.S. Mail vehicles;
   3. (c) Clearly marked vehicles operated by parcel delivery companies;
   4. (d) Open log, pulpwood and lumber trucks;
   5. (e) Chip, bark, mulch, charcoal, beverage and bread trucks;
   6. (f) Empty flatbeds;
   7. (g) Tank carriers of other than agricultural products;
   8. (h) Trucks transporting rock, limestone, dirt or sand;
   9. (i) Clearly marked telephone company, electric company or cooperative, city, county, state and federal vehicles;
   10. (j) Pickups or vans which have visible access to the entire cargo area of said vehicles;
   11. (k) Sealed vehicles transporting prescription drugs.
4. (4) All vehicles approved by the Department to participate in the Commercial Carrier Pre-clearance Program, with the exception of those vehicles described in subparagraph (2)(a)4. and subparagraph (2)(a)5. of this rule, shall be exempt from the requirement to enter agricultural inspection stations for inspection and shall not be included in the count specified in subparagraph (2)(b) of this rule.
5. (5) All vehicles so designated in Section 570.15, F.S., entering agricultural inspection stations with the exception of those vehicles designated in subsection (3), shall be inspected in accordance with subsection (2).
6. (6) All vehicles so designated in Section 570.15, F.S., being operated upon the streets and highways of the state with the exception of those vehicles designated in subsection (3), shall be inspected in accordance with subsection (2).
7. (7) In the event the driver of a vehicle subject to visual inspection under this rule refuses access to cargo area of said vehicle, or where probable cause exists as evidenced by senses (e.g., sight, sound, smell) or reliable information exists to believe a vehicle is transporting agricultural products, horticultural products, aquaculture, products derived from aquaculture, livestock, products derived from livestock, or other commodities over which the Department exercises regulatory authority, and the driver refuses to allow the inspector to conduct an inspection, a search warrant shall be requested from the appropriate official of the county in which the inspection station is located.
8. (8) No vehicle which has stopped for purposes of inspection shall be detained for a period longer than that reasonably required to conduct an inspection and/or seek, obtain and execute a search warrant if valid grounds for securing a warrant exist.

Rulemaking Authority 570.07(23), 570.15(1), (2), (5) FS. Law Implemented 570.15 FS. History–New 6-20-84, Amended 2-3-85, Formerly 5E-12.03, Amended 10-8-87, Formerly 5E-12.003, Amended 1-26-05, 10-22-25.