The Florida Senate

604.001  Public policy with respect to agricultural production.

604.006  Mapping and monitoring of agricultural lands.

604.01  Statewide soil survey and mapping; declaration of policy.

604.02  Costs of surveys, by whom payable.

604.04  Administration of law.

604.05  Standard procedure to be used; cooperation with federal and other agencies.

604.06  Determination of soils to be surveyed.

604.07  Analyses of type materials.

604.08  Reports; maps; publications.

604.09  Limited agricultural association; purpose of law.

604.10  Limited agricultural association; powers, membership.

604.11  Limited agricultural association; formation, fees.

604.12  Limited agricultural association; articles of association, name.

604.13  Limited agricultural association; bylaws.

604.14  Limited agricultural association; dissolution.

604.15  Dealers in agricultural products; definitions.

604.151  Purpose.

604.16  Exceptions to provisions of ss. 604.15-604.34.

604.17  License required.

604.18  Application; form; contents.

604.19  License; fee; bond; certificate of deposit; penalty.

604.20  Bond or certificate of deposit prerequisite; amount; form.

604.21  Complaint; investigation; hearing.

604.211  Limitation on successive consignments.

604.22  Dealers to keep records; contents.

604.23  Examination of records, sales, accounts, books, and other documents.

604.25  Refusal to grant, or suspension or revocation of, license.

604.27  Rules.

604.28  Department may employ help.

604.29  License fees; disposition.

604.30  Penalties; injunctive relief; administrative fines.

604.32  Grain dealers to provide delivery tickets.

604.33  Security requirements for grain dealers.

604.34  When grain dealer required to pay for grain delivered.

604.40  Farm equipment.

604.50  Nonresidential farm buildings.

604.60  Damage or destruction of agricultural products or agricultural production systems; civil action.

604.001  Public policy with respect to agricultural production.--The Legislature declares that:

(1)  It is the public policy of this state and the purpose of this act to achieve and maintain the production of agricultural commodities for food and fiber as an essential element for the survival of mankind.

(2)  The production of agricultural commodities in this state is a large and basic industry that is important to the health and welfare of the people and to the economy of the state.

(3)  A sound agricultural industry in this state requires the efficient and profitable use of water and energy and many other natural, commercial, and industrial resources.

(4)  The efficient and profitable use of energy and water resources in agricultural production in this state is often difficult to achieve because of problems that are not well known or fully understood by the people, such as weather, climatic changes, and market conditions.

(5)  It is important to the health and welfare of the people of this state and to the economy of the state that additional problems are not created for growers and ranchers engaged in the Florida agricultural industry by laws and regulations that cause, or tend to cause, agricultural production to become inefficient or unprofitable.

(6)  The laws and regulations that have caused problems for agricultural production in this state have been due primarily to a lack of adequate and informed consideration of the adverse impact such laws and regulations would have on efficient and profitable agricultural production in this state.

History.--s. 12, ch. 83-310.

604.006  Mapping and monitoring of agricultural lands.--

(1)  It is the intent of the Legislature that current and continuously updated information on the state's agricultural land base be available to all governmental bodies in the state, so that it may be established whether a net decline in the amount of available agricultural land is occurring.

(2)  The Department of Community Affairs shall develop a program for mapping and monitoring the agricultural lands in the state. The department has the power to adopt rules necessary to carry out the purposes of this section, and it may contract with other agencies for the provision of necessary mapping and information services.

(3)  In compiling the information specified in this section, the department shall utilize to the fullest extent practicable the topographical data available through the LANDSAT satellite program of the Department of Transportation; soils data developed through the county soil survey and land evaluation and site assessment (LESA) programs of the Soil Conservation Service; the agricultural land use statistics required to be furnished annually to the Department of Revenue by the various county property appraisers; data compiled through the federal censuses of agriculture; crop data and other data collected and maintained by the Department of Agriculture and Consumer Services and the United States Department of Agriculture; and relevant data developed or maintained by the Institute of Food and Agricultural Sciences and other components of the State University System. Each of these agencies of state government and all other state agencies, as well as local and regional governmental agencies, shall cooperate with the department in establishing the mapping and monitoring program provided for in this section.

(4)  The department shall encourage all state, regional, and local agencies and units of government to utilize the information which is compiled pursuant to this section, as well as the information of the individual agencies from which the compilation of the department is drawn, in planning and other activities in order to minimize the impact of governmental decisions and actions on the continued use and availability of land for agriculture. The department shall provide technical assistance to any such agency or unit of government in utilizing the information developed pursuant to this section.

History.--ss. 1, 2, 3, 4, ch. 84-225.

604.01  Statewide soil survey and mapping; declaration of policy.--A thorough and careful survey and mapping of the soils of Florida is hereby declared as a matter of legislative policy, basic to:

(1)  The development of intelligent research programs on the agricultural potentialities of the soils of the state;

(2)  The organization of effective soil conservation and land use planning programs;

(3)  Agricultural extension and home demonstration work;

(4)  Highway and secondary road planning;

(5)  Establishment of equitable land tax assessments;

(6)  Agricultural teaching;

(7)  The development of a sound body of helpful agricultural information for nationwide distribution to prospective landowners; and

(8)  A number of other social and agricultural enterprises of broad public interest.

History.--s. 1, ch. 20454, 1941.

604.02  Costs of surveys, by whom payable.--The cost of the survey shall be borne jointly by the state and county or any other local agency and by the federal government in a proportion to be determined by the availability of funds and of trained personnel for the purpose.

History.--s. 2, ch. 20454, 1941.

604.04  Administration of law.--The agricultural experiment station of the University of Florida shall administer this law and shall be responsible for the general supervision of this cooperative enterprise between and among federal, state, county and local agencies, and that it be charged with the duty of developing an energetic soil survey program for the state accordingly as funds are made available for this purpose from federal, state, county, or other sources.

History.--s. 4, ch. 20454, 1941.

604.05  Standard procedure to be used; cooperation with federal and other agencies.--The methods used in the survey shall be the standard procedures developed by the United States Department of Agriculture now in common use; all correlation work shall be carried out jointly by the regular soil survey inspectors of the United States Department of Agriculture in cooperation with representatives of the state agricultural experiment station.

History.--s. 5, ch. 20454, 1941.

604.06  Determination of soils to be surveyed.--The successive selection of units to be surveyed shall be by type areas well distributed over the state, just as far as possible or practicable, especially during the early stages of the program, though determination shall naturally depend, too, on the feeling of need by the people in the area and the willingness of county or other local officials to cooperate.

History.--s. 6, ch. 20454, 1941.

604.07  Analyses of type materials.--Suitable physical, chemical and other analyses of type materials associated with the work of the survey shall be carried out in the laboratories of the Florida Agricultural Experiment Station or of the proper bureau of the United States Department of Agriculture.

History.--s. 7, ch. 20454, 1941.

604.08  Reports; maps; publications.--The preparation of soil survey reports and maps for such areas surveyed shall be a joint responsibility of state and federal workers, although publication shall be by the United States Department of Agriculture, especially for the purpose of full conformity with the many reports of this same type that are regularly being published for other states where survey work of this type is making notable advances.

History.--s. 8, ch. 20454, 1941.

604.09  Limited agricultural association; purpose of law.--In order to promote, foster and encourage more efficient and progressive agriculture and to enable the farmers and growers of Florida to enjoy the manifold benefits of joint and collective effort without personal liability and without the expense and technical involvements incident to corporate structure, this chapter is enacted.

History.--s. 1, ch. 20620, 1941.

604.10  Limited agricultural association; powers, membership.--Any three or more persons engaged in agricultural pursuits may form a limited agricultural association under the provisions of this law, and such association shall have and may exercise all the powers granted by the laws of this state to persons, partnerships and corporations for profit and not for profit, so far as the same may be applicable to agriculture or livestock in all its phases and the operations incident thereto and which are not inconsistent with the provisions of this law. Persons may become members of such association upon such terms as may be prescribed in its bylaws. No member shall be held personally liable for any of the claims against or the indebtedness and obligations of the association.

History.--s. 2, ch. 20620, 1941.

604.11  Limited agricultural association; formation, fees.--

(1)  The articles of association shall be subscribed by the original members and acknowledged by one of them before an officer authorized by the laws of this state to take acknowledgments and administer oaths.

(2)  Two copies of the proposed articles of association, together with a certificate of the Department of State to the effect that there is no other limited agricultural association within the state having the same name, shall be filed with the clerk of the circuit court in the county within which the principal place of business of the association is to be located. The said articles shall then be presented to a circuit judge of the circuit within which the principal place of business of the association is to be located, and, if such judge shall find that the proposed articles of association are for purposes authorized by law, she or he shall approve the same and endorse her or his approval thereon. The articles of association, with their endorsements, shall thereupon be recorded by the clerk of the circuit court, and thereafter the association and the subscribers shall be a limited agricultural association for profit. The clerk of the circuit court shall transmit a certified copy of the articles of association to the Department of State for filing. The original articles of association, or any certified copy thereof, shall be received as conclusive evidence of the contents thereof. The Department of State and the clerk of the circuit court shall each be entitled to a fee of $5.25 for all services rendered by them in connection with the formation of the association.

History.--s. 3, ch. 20620, 1941; ss. 10, 35, ch. 69-106; s. 9, ch. 71-114; s. 62, ch. 90-132; s. 993, ch. 97-103.

604.12  Limited agricultural association; articles of association, name.--

(1)  The articles of association shall be subscribed by three or more persons, and shall set forth:

(a)  The name of the association and the location of the principal place of business.

(b)  The purpose for which the association is formed.

(c)  The term for which the association is to exist.

(d)  By what officers the business, or businesses, of the association is to be conducted, and the names of the officers who are to conduct the business, or businesses, until their successors shall have qualified. Officers shall be members of the association.

(e)  The number, to be not less than three, of the association's managing committee members. Managing committee members shall be members of the association.

(f)  The fact that the members are not to be held personally liable for any of the claims against or the indebtedness and obligations of the association.

(2)  The name of the proposed association shall be different from that of any other limited agricultural association in the state and shall include the words "Limited Agricultural Association," or the letters "LAA," to indicate that it is a limited agricultural association as distinguished from a natural person, firm, copartnership or corporation.

History.--s. 4, ch. 20620, 1941; s. 994, ch. 97-103.

604.13  Limited agricultural association; bylaws.--Each association organized hereunder shall, by a majority vote of its members, within 30 days after its organization, adopt for its government and management a code of bylaws, which shall be taken and deemed to be the law of the association. The bylaws shall provide for such matters as may be pertinent and necessary to the business, including the matter of the acceptance of memberships, the issuance of certificates of membership, the fixing of the voting and participation rights of the owners of such certificates, the assignability of such certificates, the election of a managing committee and the determination of its powers, the time and place of meetings of the association and the election, powers and duties of its officers.

History.--s. 5, ch. 20620, 1941.

604.14  Limited agricultural association; dissolution.--Any limited agricultural association may be dissolved upon the presentation by its members of a petition for dissolution to the circuit judge of the circuit wherein its principal place of business is located. Such judge may make all orders necessary to the preservation of the rights of the members and creditors and the winding up of the affairs of the association. Such notice of hearing on the petition for dissolution shall be given as may by the judge be deemed proper.

History.--s. 6, ch. 20620, 1941.

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.

604.151  Purpose.--The Legislature recognizes that the recovery of agricultural products is impractical because of the speed with which such products move through commerce and because of the difficulty of identification and that, because recovery is impractical, producers are subject to the possibility of serious economic harm in the event an agricultural products dealer defaults. Therefore, it is necessary in the interest of the public welfare to regulate agricultural products dealers in this state. However, restrictions shall be imposed only to the extent necessary to protect the public from significant and discernible harm or damage and not in a manner which will unreasonably affect the competitive market.

History.--ss. 3, 14, ch. 79-238; ss. 2, 3, ch. 81-318; ss. 9, 10, ch. 90-161; s. 4, ch. 91-429.

604.16  Exceptions to provisions of ss. 604.15-604.34.--Except for s. 604.22(2), the provisions of ss. 604.15-604.34 do not apply to:

(1)  Farmers or groups of farmers in the sale of agricultural products grown by themselves.

(2)  All persons who buy for cash and pay at the time of purchase with United States currency.

(3)  A dealer in agricultural products who operates as a bonded licensee under the federal Packers and Stockyards Act.

(4)  Dealers who operate exclusively on a retail basis and who purchase less than $1,000 worth of agricultural products from Florida producers or their agents or representatives during the peak month of such purchases within the calendar year.

History.--s. 2, ch. 20678, 1941; s. 1, ch. 21878, 1943; s. 2, ch. 23812, 1947; s. 1, ch. 59-437; s. 1, ch. 63-351; s. 3, ch. 76-168; s. 1, ch. 76-185; s. 1, ch. 77-457; ss. 12, 14, ch. 79-238; ss. 2, 3, ch. 81-318; s. 2, ch. 84-347; s. 4, ch. 85-36; ss. 9, 10, ch. 90-161; s. 4, ch. 91-429.

604.17  License required.--It shall be unlawful for any dealer in agricultural products who comes within the terms of this law to engage in such business in this state without a state license issued by the department.

History.--s. 3, ch. 20678, 1941; ss. 14, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 4, 12, 14, ch. 79-238; ss. 2, 3, ch. 81-318; ss. 9, 10, ch. 90-161; s. 4, ch. 91-429.

604.18  Application; form; contents.--Every dealer in agricultural products, desiring to transact business within the state, shall, prior to transacting any business as such, file an application for such license with the department. License shall be renewed annually on its anniversary date. The application shall be on a form furnished by the department and, together with such other information as the department shall require, shall state:

(1)  The kind or kinds of agricultural products the applicant proposes to handle;

(2)  The full name or title of the applicant, or if the applicant be an association or copartnership, the name of each member of such association or copartnership, or if the applicant be a corporation, the name of each officer of the corporation;

(3)  The names of buyers or other local agents of the applicant, if any;

(4)  The cities and towns within which places of business of the applicant will be located, together with the street or mailing address of each; and

(5)  The federal employer's identification number of the applicant.

History.--s. 4, ch. 20678, 1941; s. 1, ch. 61-412; ss. 14, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 5, 12, 14, ch. 79-238; ss. 2, 3, ch. 81-318; ss. 9, 10, ch. 90-161; s. 4, ch. 91-429.

604.19  License; fee; bond; certificate of deposit; penalty.--Unless the department refuses the application on one or more of the grounds provided in this section, it shall issue to an applicant, upon the payment of proper fees and the execution and delivery of a bond or certificate of deposit as provided in this section, a state license entitling the applicant to conduct business as a dealer in agricultural products for a 1-year period to coincide with the effective period of the bond or certificate of deposit furnished by the applicant. During the 1-year period covered by a license, if the supporting surety bond or certificate of deposit is canceled for any reason, the license shall automatically expire on the date the surety bond or certificate of deposit terminates, unless an acceptable replacement is in effect before the date of termination so that continual coverage occurs for the remaining period of the license. The license fee for the principal place of business for a dealer in agricultural products shall be based upon the amount of the dealer's surety bond or certificate of deposit furnished by each dealer under the provisions of s. 604.20 and may not exceed $300. For each additional place in which the applicant desires to conduct business and which the applicant names in the application, the additional license fee may not exceed $50 annually. Should any dealer in agricultural products fail, refuse, or neglect to apply and qualify for the renewal of a license on or before the date of expiration thereof, a penalty not to exceed $35 shall apply to and be added to the original license fee and shall be paid by the applicant before the renewal license may be issued. The department by rule shall prescribe fee amounts sufficient to fund ss. 604.15-604.34.

History.--s. 5, ch. 20678, 1941; s. 2, ch. 59-437; s. 2, ch. 61-412; s. 2, ch. 63-351; ss. 14, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 6, 12, 14, ch. 79-238; ss. 2, 3, ch. 81-318; s. 1, ch. 83-6; s. 5, ch. 85-36; ss. 1, 9, 10, ch. 90-161; s. 4, ch. 91-429; s. 32, ch. 92-151.

604.20  Bond or certificate of deposit prerequisite; amount; form.--

(1)  Before any license is issued, the applicant therefor shall make and deliver to the department a surety bond or certificate of deposit in the amount of at least $3,000 or in such greater amount as the department may determine, not exceeding the maximum amount of business done or estimated to be done in any month by the applicant. Such bond must be executed by a surety corporation authorized to transact business in the state. For the purposes of ss. 604.19-604.21, the term "certificate of deposit" means a certificate of deposit at any recognized financial institution doing business in the United States. Such bond or any certificate of deposit assignment or agreement shall be upon a form prescribed or approved by the department and shall be conditioned to secure the faithful accounting for and payment to producers or their agents or representatives of the proceeds of all agricultural products handled or purchased by such dealer. The department shall determine by rule whether an annual or continuous bond or certificate of deposit will be required.

(2)  The amount of such bond or certificate of deposit shall, upon the order of the department at any time, be increased, if in its discretion the department finds such increase to be warranted by the volume of agricultural products being handled by the licensee. In the same manner, the amount of such bond or certificate of deposit may be decreased when a decrease in the volume of products handled warrants such decrease. These provisions apply to any bond or certificate of deposit, regardless of the anniversary date of its issuance, expiration, or renewal.

(3)  In order to effectuate the purposes of this section, the department or its agents may require from any applicant or licensee verified statements of the volume of her or his business or may review the applicant or licensee's records at her or his place of business during normal business hours for the purpose of determining her or his volume of business. The failure of a licensee to furnish such statement, to make such records available, or to make and deliver a new or additional bond or certificate of deposit shall be cause for suspension of the licensee's license. If the department finds such failure to be willful, the license may be revoked.

History.--s. 6, ch. 20678, 1941; s. 1, ch. 28032, 1953; s. 2, ch. 57-139; s. 3, ch. 61-412; ss. 14, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 6, ch. 78-95; ss. 7, 12, 14, ch. 79-238; ss. 2, 3, ch. 81-318; ss. 2, 4, ch. 83-6; ss. 2, 9, 10, ch. 90-161; s. 4, ch. 91-429; s. 996, ch. 97-103.

604.21  Complaint; investigation; hearing.--

(1)  Any person claiming herself or himself to be damaged by any breach of the conditions of a bond or certificate of deposit assignment or agreement given by a licensed dealer in agricultural products as hereinbefore provided may enter complaint thereof against the dealer and against the surety, if any, to the department, which complaint shall be a written statement of the facts constituting the complaint. Such complaint shall be filed within 6 months from the date of sale in instances involving direct sales or from the date on which the agricultural product was received by the dealer in agricultural products, as agent, to be sold for the producer. No complaint shall be filed pursuant to this section unless the transactions involved total at least $250 and occurred in a single license year.

(2)  Upon the filing of such complaint in the manner herein provided, the department shall investigate the matters complained of; whereupon, if, in the opinion of the department, the facts contained in the complaint warrant such action, the department shall send to the dealer in question, by certified mail, notice of the filing of the complaint. Such notice shall be accompanied by a true copy of the complaint. A copy of such notice and complaint shall also be sent to the surety company, if any, that provided the bond for the dealer, which surety company shall become party to the action. Such notice of the complaint shall inform the dealer of a reasonable time within which to answer the complaint by advising the department in writing that the allegations in the complaint are admitted or denied or that the complaint has been satisfied. Such notice shall also inform the dealer and the surety, if any, of a right to a hearing on the complaint, if requested.

(3)  If the dealer admits the allegations of the complaint but fails to satisfy same within the time fixed by the department, the department shall thereupon order payment by the dealer of the amount found owed.

(4)  If the dealer, in her or his answer, denies the allegations of the complaint and waives a hearing, the department may order a hearing or enter an order based on the facts and circumstances set forth in the complaint and the respondent's answer thereto. If the department determines the complaint has not been established, the order shall, among other things, dismiss the proceedings. If the department determines that the allegations of the complaint have been established, it shall enter its findings of fact accordingly and thereupon enter its order adjudicating the amount of indebtedness due to be paid by the dealer to the complainant.

(5)  Any order entered by the department pursuant to this section shall become final 14 days after issue if neither the department nor a party whose material interest is affected by the order requests a hearing on the order within 14 days following the date of issue.

(6)  Any party whose material interest is affected by a proceeding pursuant to this section shall be granted a hearing upon request. Such hearing shall be conducted pursuant to chapter 120. The order of the department, when issued pursuant to the recommended order of an administrative law judge, shall be final upon issuance.

(7)  Any indebtedness set forth in a departmental order against a dealer shall be paid by the dealer within 15 days after such order becomes final.

(8)  Upon the failure by a dealer to comply with an order of the department directing payment, the department shall, in instances involving bonds, call upon the surety company to pay over to the department out of the bond posted by the surety for such dealer or, in instances involving certificates of deposit, call upon the financial institution issuing such certificate to pay over to the department out of the certificate under the conditions of the assignment or agreement, the amount called for in the order of the department, not exceeding the amount of the bond or the principal of the certificate of deposit. If the bond or the principal of the certificate of deposit is insufficient to pay in full the amount due each complainant as set forth in the order of the department, the department shall distribute the proceeds pro rata among such complainants. The proceeds from a bond or the principal from a certificate of deposit shall be paid directly to the department to be distributed by it to successful complainants, except the accrued interest on a certificate of deposit shall be paid to the dealer. Such funds shall be considered trust funds in the hands of the department for the exclusive purpose of satisfying duly established complaints. Payments made to the department pursuant to this section shall be considered payments made upon demand and may not be considered voluntary payments.

(9)  Nothing in this section may be construed as relieving a surety company from responsibility for payment on properly established complaints against dealers involved in a federal bankruptcy proceeding and against whom the department is prohibited from entering an order.

(10)  Upon the failure of a surety company to comply with a demand for payment of the proceeds on a bond for a dealer in agricultural products, a complainant who is entitled to such proceeds, in total or in part, may, within a reasonable time, file in the circuit court a petition or complaint setting forth the administrative proceeding before the department and ask for final order of the court directing the surety company to pay the bond proceeds to the department for distribution to the complainants. If in such suit the complainant is successful and the court affirms the demand of the department for payment, the complainant shall be awarded all court costs incurred therein and also a reasonable attorney's fee to be fixed and collected as part of the costs of the suit. In lieu of such suit, the department may enforce its final agency action in the manner provided in s. 120.69.

History.--s. 7, ch. 20678, 1941; s. 3, ch. 57-139; s. 4, ch. 61-412; s. 2, ch. 67-109; ss. 14, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 6, ch. 78-95; ss. 8, 12, 14, ch. 79-238; ss. 2, 3, ch. 81-318; s. 3, ch. 83-6; ss. 3, 9, 10, ch. 90-161; s. 4, ch. 91-429; s. 263, ch. 96-410; s. 1196, ch. 97-103.

604.211  Limitation on successive consignments.--No licensee, while acting as an agent for a producer or in disposing of agricultural products received on consignment from a producer or her or his agent or representative, shall consign such products to another, use the services of a broker, or receive more than one commission or fee for making the sale thereof, unless by written consent of the producer or consignor. No charges or costs for acts prohibited by this section may be passed on to the producer or consignor.

History.--s. 5, ch. 61-412; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 9, 12, 14, ch. 79-238; ss. 2, 3, ch. 81-318; ss. 9, 10, ch. 90-161; s. 4, ch. 91-429; s. 997, ch. 97-103.

604.22  Dealers to keep records; contents.--

(1)  Each licensee, while acting as agent for a producer, shall make and preserve for at least 1 year a record of each transaction, specifying the name and address of the producer for whom she or he acts as agent; the date of receipt; the kind, quality, and quantity of agricultural products received; the name and address of the purchaser of each package of agricultural products; the price for which each package was sold; the amount and explanation of any adjustments given; and the net amount due from each purchaser. An account of sales shall be furnished each producer within 48 hours after the sale of such agricultural products. Such account of sales shall clearly show the sale price of each lot of agricultural products sold; all adjustments to the original price, along with an explanation of such adjustments; and an itemized showing of all marketing costs deducted by the licensee, along with the net amount due the producer. The licensee shall make the payment to the producer within 5 days of the licensee's receipt of payment.

(2)(a)  The provisions of s. 604.16(2), (3), and (4) notwithstanding, any person, except a person described in s. 604.16(1), who possesses and offers for sale agricultural products is required to possess and display, upon the request of any department representative or state, county, or local law enforcement officer, an invoice, bill of sale, manifest, or other written document showing the date of sale, the name and address of the seller, and the kind and quantity of products for all such agricultural products.

(b)  Any person who violates the provisions of this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 8, ch. 20678, 1941; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 10, 12, 14, ch. 79-238; ss. 2, 3, ch. 81-318; s. 3, ch. 84-347; ss. 4, 9, 10, ch. 90-161; s. 4, ch. 91-429; s. 998, ch. 97-103.

604.23  Examination of records, sales, accounts, books, and other documents.--The department shall have power to investigate upon complaint of any interested person or upon its own initiative, the record of any applicant or licensee, or any transaction involving the solicitation, receipt, sale or attempted sale of agricultural products, the failure to make proper and true accounts and settlements at prompt and regular intervals, the making of false statements as to condition, quality or quantity of goods received or while in storage, the making of false statements as to market conditions with intent to deceive, or the failure to make payment for goods received, or other alleged injurious transactions. For such purposes the department or its agents may examine, at the place or places of business of the applicant or licensee, her or his ledgers, books of accounts, memoranda, and other documents which relate to the transaction involved, and may take testimony thereon under oath.

History.--s. 9, ch. 20678, 1941; ss. 14, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 12, 14, ch. 79-238; ss. 2, 3, ch. 81-318; ss. 9, 10, ch. 90-161; s. 4, ch. 91-429; s. 999, ch. 97-103.

604.25  Refusal to grant, or suspension or revocation of, license.--

(1)  The department may decline to grant a license or may suspend or revoke a license already granted if the applicant or licensee has:

(a)  Suffered a money judgment to be entered against her or him upon which execution has been returned unsatisfied;

(b)  Made false charges for handling or services rendered;

(c)  Failed to account promptly and properly or to make settlements with any producer;

(d)  Made any false statement or statements as to condition, quality, or quantity of goods received or held for sale when she or he could have ascertained the true condition, quality, or quantity by reasonable inspection;

(e)  Made any false or misleading statement or statements as to market conditions or service rendered;

(f)  Been guilty of a fraud in the attempt to procure, or the procurement of, a license;

(g)  Directly or indirectly sold agricultural products received on consignment or on a net return basis for her or his own account, without prior authority from the producer consigning the same, or without notifying such producer;

(h)  Employed in a responsible position a person, or an officer of a corporation, who has failed to fully comply with an order of the department at any time within 1 year after issuance;

(i)  Violated any statute or rule relating to the purchase or sale of any agricultural product, whether or not such transaction is subject to the provisions of this chapter; or

(j)  Failed to submit to the department an application, appropriate license fees, and an acceptable surety bond or certificate of deposit.

(2)  If a licensee fails or refuses to comply in full with an order of the department, her or his license may be suspended or revoked, in which case she or he shall not be eligible for license for a period of 1 year or until she or he has fully complied with the order of the department.

(3)  No person, or officer of a corporation, whose license has been suspended or revoked for failure to comply with an order of the department may hold a responsible position with a licensee for a period of 1 year or until the order of the department has been fully complied with.

History.--s. 11, ch. 20678, 1941; s. 3, ch. 67-109; ss. 14, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 12, 14, ch. 79-238; ss. 2, 3, ch. 81-318; s. 4, ch. 84-347; ss. 5, 9, 10, ch. 90-161; s. 4, ch. 91-429; s. 33, ch. 92-151; s. 1000, ch. 97-103.

604.27  Rules.--The department shall adopt rules deemed necessary to carry out the provisions of ss. 604.15-604.34 and enforce same.

History.--s. 14, ch. 20678, 1941; ss. 14, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 12, 14, ch. 79-238; ss. 2, 3, ch. 81-318; s. 6, ch. 85-36; ss. 9, 10, ch. 90-161; s. 4, ch. 91-429.

604.28  Department may employ help.--The department may employ all help and services necessary to carry out and enforce the provisions of ss. 604.15-604.34 and fix their compensation. All expenses and salaries shall be paid out of the General Inspection Trust Fund.

History.--s. 15, ch. 20678, 1941; s. 2, ch. 61-119; ss. 14, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 12, 14, ch. 79-238; ss. 2, 3, ch. 81-318; s. 7, ch. 85-36; ss. 9, 10, ch. 90-161; s. 4, ch. 91-429.

604.29  License fees; disposition.--All moneys received as license fees under this law shall be placed in the General Inspection Trust Fund.

History.--s. 16, ch. 20678, 1941; s. 2, ch. 61-119; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 12, 14, ch. 79-238; ss. 2, 3, ch. 81-318; ss. 9, 10, ch. 90-161; s. 4, ch. 91-429.

604.30  Penalties; injunctive relief; administrative fines.--

(1)  Any dealer in agricultural products who violates the provisions of ss. 604.15-604.34, or who interferes with an agent of the department in the enforcement of ss. 604.15-604.34, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, and for a second or subsequent offense is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2)  In addition to the remedies provided in this chapter and notwithstanding the existence of any adequate remedy at law, when the department has probable cause to believe that any person has violated any provision of this chapter or any rule adopted pursuant thereto, the department may issue and deliver to such person a notice to cease and desist from such violation. For the purpose of enforcing a cease and desist order, the department may file a proceeding in the name of the state seeking issuance of an injunction or writ of mandamus against any person who violates any provisions of such order, and such injunction shall be issued without bond.

(3)(a)  In addition to the penalties provided in this section, the department may, after notice and hearing, impose a fine not exceeding $1,000 for the violation of any of the provisions of ss. 604.15-604.34 or the rules adopted thereunder against any dealer in agricultural products; such fine, when imposed and paid, shall be deposited by the department into the General Inspection Trust Fund.

(b)  Whenever any administrative order has been made and entered by the department imposing a fine pursuant to this subsection, the order shall specify the amount of the fine and a time limit of no more than 15 days for the payment thereof. Upon the failure of the dealer involved to pay the fine within that time, the dealer's license as dealer in agricultural products shall be subject to suspension or revocation and a fine of $50 a day shall be imposed on the dealer while she or he is in violation of such order.

History.--s. 13, ch. 20678, 1941; s. 3, ch. 23812, 1947; s. 29, ch. 29737, 1955; s. 4, ch. 57-139; ss. 14, 35, ch. 69-106; s. 632, ch. 71-136; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 12, 14, ch. 79-238; ss. 2, 3, ch. 81-318; s. 5, ch. 84-347; s. 8, ch. 85-36; ss. 6, 9, 10, ch. 90-161; s. 4, ch. 91-429; s. 1001, ch. 97-103.

604.32  Grain dealers to provide delivery tickets.--Each grain dealer receiving grain shall issue and provide to the grain producer a delivery ticket within a reasonable time, not to exceed 24 hours, after delivery of the grain. The delivery ticket shall include, at least, the following information:

(1)  The grain dealer's name and address.

(2)  The grain producer's name and, when applicable, the producer's address.

(3)  The date.

(4)  The consecutive scale ticket number.

(5)  The type of grain.

(6)  The gross, tare, and net weights.

(7)  A statement whether the grain is inbound or outbound.

(8)  The truck or trailer identification.

(9)  The type of transaction, clearly indicating whether the grain is sold or stored.

(10)  The signature of the grain dealer or her or his agent, representative, or employee.

(11)  The base price per bushel, when applicable.

(12)  The grade factors, when applicable.

(13)  The deductions, when applicable.

(14)  The net price and total amount paid, when applicable.

History.--s. 1, ch. 84-30; s. 9, ch. 85-36; s. 1, ch. 85-65; ss. 9, 10, ch. 90-161; s. 4, ch. 91-429; s. 1002, ch. 97-103.

604.33  Security requirements for grain dealers.--Each grain dealer doing business in the state shall maintain liquid security, in the form of grain on hand, cash, certificates of deposit, or other nonvolatile security that can be liquidated in 10 days or less, or cash bonds, surety bonds, or letters of credit, that have been assigned to the department and that are conditioned to secure the faithful accounting for and payment to the producers for grain stored or purchased, in an amount equal to the value of grain which the grain dealer has received from grain producers for which the producers have not received payment. The bonds must be executed by the applicant as principal and by a surety corporation authorized to transact business in the state. The certificates of deposit and letters of credit must be from a recognized financial institution doing business in the United States. Each grain dealer shall report to the department monthly, on or before a date established by rule of the department, the value of grain she or he has received from producers for which the producers have not received payment and the types of transaction involved, showing the value of each type of transaction. The report shall also include a statement showing the type and amount of security maintained to cover the grain dealer's liability to producers. The department shall make at least one spot check annually of each grain dealer to determine compliance with the requirements of this section.

History.--s. 1, ch. 84-30; s. 9, ch. 85-36; s. 1, ch. 85-65; s. 1, ch. 86-8; ss. 7, 9, 10, ch. 90-161; s. 4, ch. 91-429; s. 1003, ch. 97-103.

604.34  When grain dealer required to pay for grain delivered.--Each grain dealer shall, within 6 months of the date of the contract for sale of grain or, in lieu of a contract, within 6 months of the date of the first delivery for the marketing season, make payment to producers for the grain delivered to the dealer. This provision does not apply in cases when grain is held for storage.

History.--s. 1, ch. 84-30; s. 9, ch. 85-36; s. 1, ch. 85-65; ss. 8, 9, 10, ch. 90-161; s. 4, ch. 91-429.

604.40  Farm equipment.--Notwithstanding any other law, ordinance, rule, or policy to the contrary, all power-drawn, power-driven, or self-propelled equipment used on a farm may be stored, maintained, or repaired by the owner within the boundaries of the owner's farm and at least 50 feet away from any public road without limitation.

History.--s. 50, ch. 2002-295.

604.50  Nonresidential farm buildings.--Notwithstanding any other law to the contrary, any nonresidential farm building is exempt from the Florida Building Code and any county or municipal building code. For purposes of this section, the term "nonresidential farm building" means any building or support structure that is used for agricultural purposes, is located on a farm that is not used as a residential dwelling, and is located on land that is an integral part of a farm operation or is classified as agricultural land under s. 193.461. The term "farm" is as defined in s. 823.14.

History.--s. 13, ch. 98-396; s. 19, ch. 2002-293; s. 51, ch. 2002-295.

604.60  Damage or destruction of agricultural products or agricultural production systems; civil action.--

(1)  As used in this section, the term:

(a)  "Agricultural product" means the natural products from a farm, nursery, grove, orchard, vineyard, garden, or apiary, including livestock, tobacco, and vegetables, and includes aquacultural, horticultural, viticultural, forestry, aquatic, dairy, livestock, poultry, bee, and any farm products.

(b)  "Agricultural production system" means land, buildings, or equipment used in the production of any agricultural product as defined in paragraph (a).

(2)  Any private, public, or commercial agricultural grower or producer who grows or produces any agricultural product for personal, research, or commercial purposes or for testing or research purposes in a product development program conducted in conjunction or coordination with a private research facility, a university, or any federal, state, or local government agency who suffers damages as a result of another person's willful and knowing damage or destruction of any such agricultural product or the agricultural production system of such grower or producer has a cause of action for damages equal to triple the amount of the value of the product or production system or portion thereof damaged or destroyed, including the cost of any experimental product replication, and for any other relief a court of competent jurisdiction deems appropriate, including, but not limited to, compensatory and punitive damages.

(3)  In awarding damages under this section, the courts shall consider the market value of the product or production system prior to damage or destruction, and production, research, testing, replacement, and product development costs directly related to the product or production system that has been damaged or destroyed as part of the value of the product or production system. The prevailing party in any action brought pursuant to this section is entitled to an award of reasonable attorney's fees and court costs.

History.--s. 1, ch. 2001-182; s. 46, ch. 2001-279; s. 1, ch. 2002-83.