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The Florida Senate

2004 Florida Statutes

Section 604.15, Florida Statutes 2004

604.15  Dealers in agricultural products; definitions.--For the purpose of ss. 604.15-604.34, the following words and terms, when used, shall be construed to mean:

(1)  "Dealer in agricultural products" means any person, whether itinerant or domiciled within this state, engaged within this state in the business of purchasing, receiving, or soliciting agricultural products from the producer or her or his agent or representative for resale or processing for sale; acting as an agent for such producer in the sale of agricultural products for the account of the producer on a net return basis; or acting as a negotiating broker between the producer or her or his agent or representative and the buyer.

(2)  "Department" means the Department of Agriculture and Consumer Services.

(3)  "Agricultural products" means the natural products of the farm, nursery, grove, orchard, vineyard, garden, and apiary (raw or manufactured); livestock; milk and milk products; poultry and poultry products; the fruit of the saw palmetto (meaning the fruit of the Serenoa repens); and limes (meaning the fruit Citrus aurantifolia, variety Persian, Tahiti, Bearss, or Florida Key limes) produced in the state, except tobacco, tropical foliage, sugarcane, and citrus other than limes.

(4)  "Net return basis" means the sale of agricultural products for the account of a person, other than the seller, wherein the seller acts as the agent for the owner and pays the owner of such products the net proceeds after subtracting all authorized and allowable deductions.

(5)  "Producer" means any producer of agricultural products produced in the state.

(6)  "Delivery ticket" means a document provided to a grain producer by a grain dealer in conjunction with the delivery of grain to the grain dealer.

(7)  "Grain" means any food or feed grains, which include, but are not limited to, soybeans, corn, wheat, oats, and rye.

(8)  "Grain dealer" means any person engaged in this state in:

(a)  Buying, receiving, selling, exchanging, negotiating, or processing for resale, or soliciting the sale, resale, exchange, or transfer of, grain purchased from the producer or her or his agent or representative or received from the producer to be handled on a net return basis; or

(b)  Receiving grain for storage.

History.--s. 1, ch. 20678, 1941; s. 1, ch. 23812, 1947; s. 1, ch. 28183, 1953; s. 1, ch. 57-139; s. 1, ch. 63-291; s. 1, ch. 67-109; ss. 14, 35, ch. 69-106; s. 259, ch. 71-377; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 12, 14, ch. 79-238; ss. 2, 3, ch. 81-318; s. 1, ch. 84-30; s. 3, ch. 85-36; s. 1, ch. 85-65; ss. 9, 10, ch. 90-161; s. 4, ch. 91-429; s. 995, ch. 97-103; s. 15, ch. 97-220.

Note.--Subsections (6)-(8) former s. 604.31.