5A-16.003. Procedure for Conducting Vehicle Inspection

(1) “Inspection” means for those vehicles designated in Section 570.15(1)(a), F.S.:

(a) The examination of documents including but not limited to bill of lading, proof of ownership, certificate of inspection, and similar or related documents.

(b) In addition to paragraph (1)(a) of this rule, inspection also includes examination of the cargo of the following vehicles:

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.

7. Every 20th other such vehicle at inspection stations 6A, 6B, 9A, 9B, 16A and 16B with every 10th other such vehicle at remaining inspection stations.

a. 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.

b. 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 northbound and southbound lanes.

(2) 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 (1)(b)7. of this rule:

(a) Car and boat carriers;

(b) Designated U.S. Mail vehicles;

(c) Clearly marked vehicles operated by parcel delivery companies;

(d) Open log, pulpwood and lumber trucks;

(e) Chip, bark, mulch, charcoal, beverage and bread trucks;

(f) Empty flatbeds;

(g) Tank carriers of other than agricultural products;

(h) Trucks transporting rock, limestone, dirt or sand;

(i) Clearly marked telephone company, electric company or cooperative, city, county, state and federal vehicles;

(j) Pickups or vans which have visible access to the entire cargo area of said vehicles;

(k) Sealed vehicles transporting prescription drugs.

(3) All vehicles approved by the Department to participate in the Commercial Carrier Pre-clearance Program, with the exception of those vehicles described in subparagraph (1)(b)4. and subparagraph (1)(b)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 (1)(b)7. of this rule.

(4) All vehicles so designated in Section 570.15, F.S., entering agricultural inspection stations with the exception of those vehicles designated in subsection (2), shall be inspected in accordance with subsection (1).

(5) 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.

(6) 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.