Fla. Admin. Code R. 5C-30.003
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.
Fla. Admin. Code Ann. R. 5C-30.003
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.