(1) Based upon prior approval by the Department, trucking concerns and truck lines may participate in the Commercial Carrier Pre-clearance Program for the purpose of transporting goods without being regularly required to stop at the Department’s agricultural inspection stations for physical inspection.
    (2) Qualifying trucking concerns and truck lines may apply to the Department requesting approval to participate in the Commercial Carrier Pre-clearance Program by acquiring from and submitting a completed Commercial Carrier Pre-clearance Program application form number DACS-01281 (effective 7/04) to the Office of Agricultural Law Enforcement, Post Office Box 850, Old Town, Florida 32680.
    (3) Approval to participate in the Commercial Carrier Pre-clearance Program will be granted only to those trucking concerns and truck lines that meet the following criteria:
    (a) Applicant must be verified by the Florida Department of Revenue as being exempt from or enrolled and actively participating in the Florida Department of Revenue’s Electronic Bill of Lading Program;
    (b) Applicant must be a recognized trucking concern or truck line engaged primarily in the transportation of commodities other than commodities over which the Department exercises regulatory authority. Applications received from trucking concerns and truck lines that routinely or regularly transport agricultural products, horticultural products, aquaculture, products derived from aquaculture, livestock, products derived from livestock, or other commodities over which the Department exercises regulatory authority will be denied;
    (c) Applicant must agree to allow any department representative to inspect the cargo, regular manifest and/or other billing of all vehicles participating in the Commercial Carrier Pre-clearance Program at all Florida terminals or drop sites any time during hours of operation, should the Department wish to check such cargo and/or billing;
    (d) Applicant must agree that each and every truck shipment which contains or includes agricultural products, horticultural products, aquaculture, products derived from aquaculture, livestock, products derived from livestock, or other commodities over which the Department exercises regulatory authority will voluntarily stop at all agricultural inspection stations and declare such commodities even though pre-clearance approval is received.
    (4) The privilege of participating in the Commercial Carrier Pre-clearance Program shall be revoked or canceled for any of the following causes:
    (a) Notification by the Department of Revenue that the trucking concern or truck line has lost its exemption, been removed from or is no longer participating in the Department of Revenue’s Electronic Bill of Lading Program or is not in compliance with applicable Florida Statutes or Administrative Rules;
    (b) Notification to or discovery by the Department that the trucking concern or truck line has begun to routinely or regularly transport agricultural products, horticultural products, aquaculture, products derived from aquaculture, livestock, products derived from livestock, or other commodities over which the Department exercises regulatory authority.
    (c) Discovery by the Department that a vehicle owned, leased, rented, loaned to or by the trucking concern or operated by an employee or agent of the trucking concern was used in the commission of a criminal act or was discovered to have been transporting contraband or undocumented or otherwise unauthorized foreign nationals.
    (5) Participants of the Commercial Carrier Pre-clearance Program shall be subject to a modification in the number of compliance spot checks for any of the following causes:
    (a) Failure to make available for inspection by any department representative the cargo, regular manifest and/or other billing pertaining to any vehicle participating in the Commercial Carrier Pre-clearance Program at any Florida terminal or drop site during hours of operation;
    (b) Failure of any vehicle participating in the Commercial Carrier Pre-clearance Program which 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 to voluntarily stop at any agricultural inspection station and declare such commodities even though pre-clearance approval is received;
    (c) Failure of any vehicle participating in the Commercial Carrier Pre-clearance Program, which is routed into an agricultural inspection station for a compliance spot check, to enter said inspection station and/or submit for inspection;
    (6) Participants of the Commercial Carrier Pre-clearance Program who are determined to have engaged in those acts prescribed in subsection (5), above, shall be subject to the following conditions:
    (a) First time offenders shall be subject to an increase in compliance spot checks of the participating carrier vehicles up to fifty percent (50%);
    (b) Second offense shall be subject to suspension of their participation in the program for a period not to exceed one hundred eighty (180) days;
    (c) Subsequent offenses shall result in expulsion from the program without leave to reapply for a period of twelve months.
    (7) Five percent (5%) of vehicles participating in the Commercial Carrier Pre-clearance Program which pass a specified agricultural inspection station shall be routed into the inspection station for inspection of the cargo, regular manifest and/or other billing, as a means to ensure compliance. The compliance spot check count shall be conducted separately at each specified agricultural inspection station.
    (a) The percentage of vehicles subject to compliance spot checks may be reduced to zero percent (0%) to address safety concerns resulting from ramp renovation, construction projects, natural and manmade disasters, and heavy traffic;
    (b) The percentage of vehicles subject to compliance spot checks may be increased to one hundred percent (100%) during emergencies as defined by the Governor or Commissioner of Agriculture.
    (c) The percentage of vehicles subject to compliance spot checks may be increased up to fifty percent (50%) as a condition of readmission into the program following suspension or revocation.
Rulemaking Authority Florida Statutes § 570.07(23), 570.15(5) FS. Law Implemented 570.15(1), (2), (5) FS. History-New 1-26-05.