The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1939-09-07


Sec. 8. The Commissioner shall
have the power to revoke or sus-
pend the license of any citrus fruit
dealer when he shall be satisfied that
such dealer has violated any of the
provisions of this Act, or has
ta) obtained a license by means of
fraud. misrepresentation, conceal
ment. or through the mistake or in
advertance of the Citrus Commits
sion.
(b) violated or aided or abetted in
the violation of any of the pro-
visions of this Act or any provis-
ions of any other law of the State of
Florida governing andfor applicable
to citrus fruit dealers, as defined
herein, or any lawful rules or regu-
lations of the Citrus Commission,
Co been guilty of a crime against
the laws of this or any other state
or government. involving moral tur-
pitude or dishonest dealing, or has
become legally incompetent to con-
tract or be contracted with,
(d) made. printed, published, dis
tributed, or caused, authorized or
knowingly permitted the making,
printing publication or distribution
of false statements, descriptions or
promises of such a character as to
reasonably induce any person to act
y,
citrus fruit dealer then knew or, by
the exercise of reasonable care and
inquiry. could have known of the
falSity of such statements, deScrip-
tons or promises,
(e) knowingly commit or be a party
to, any material fraud misrepresen-
tation.' concealment. conspiracy, col
fusion, trick, scheme or device,
whereby any other person lawfully
relying upon the word, representa-
ton or conduct of the. citrus fruit
dealer. shall act to his injury or
damage,
60 committing any act or conduct
of the same or different character
of that hereinabove enumerated.
which shall constitute fraudulent
or dishonest dealing.
That the Commissioner may in
stigate and make investigation of
any citrus fruit dealer whom he has
reason to believe has violated any
of the provisions of this Act, or has
violated any provisions of any other
law of the State of Florida govern
ing and applicable to citrus fruit
dealers, as defined herein, and when
ever the Commissioner determines
after notice to the citrus fruit deal
er and hearing that any citrus fruit
dealer has violated any of the pro-
visions of any other law of the State
of Florida governing and applicable
to citrus fruit dealers as herein de-
fined. he may publish the facts and
circumstances of such violation and
or. by order, suspend the license
of such offender for a specific per-
bod. or revoke the same or make
such other appropriate order as he
may deem just and proper, and any
such order shall specify the effective
date thereof and any order other
than one suspending or revoking a
license shall automatically suspend
such license until said order is COM
piled with. That any action of the
Commissioner with reference to the
revocation or suspension of any Ii
cense granted under the provisions
OF this Act may be reviewed by
any Court of competent jurisdiction.
Sec. 9. That every citrus fruit
dealer shall make and keep a correct
record showing in detail the follow
ing with reference to the purchase,
handling, sale and accounting of sale
of citrus fruit handled by him,
namely:
producers or other persons from
whom the citrus fruit was procured
and if same was produced from
some person other than a licensed
handler, the name and address of
the producer of said fruit.
(b) The date citrus fruit is re-
ceived and the amount thereof, and
the purchase price paid therefor if
purchased for the purpose of resale.
(c) The condition of such citrus
fruit upon receipt by the citrus fruit
dealer. "
Cd If the cirtus fruit is handled
on consignment for the account of
the producer, the date of sale and
the selling price.
(e) An itemized statement of the
charges to be paid by the producer
in connection with any sale.
CD A detailed statement of all
claims made. by producers against
the citrus fruit dealer, a copy of
to and filed with the Commissioner.
(g) A copy of the record and &C
count of sale of citrus fruit handled
on consignment and/or commission
shall be delivered to the producer
upon the contamination of the sale,
together with all moneys received by
the citrus fruit dealer in payment for
of the producer, less the agreed
commission and other charges which
must be separately itemized, and
said payment and accounting must
be made by said citrus fruit dealer
to the producer within fifteen days
hitter said citrus fruit dealer receives
the money in payment of said cit
rus fruit unless otherwise specified
in contract between citrus fruit
dealers and producer.
Sec. 10. That in the investigation
of complaints under this Act the
Commissioner, or his duly authorized
agents shall have the right to in
spect such accounts. records and
memoranda of any citrus fruit dealer
as may be required for the determi-
nation of any such complaint. If
and such citrus fruit dealer re-
fuses to permit such inspection. the
Commissioner may publish the facts
and circumstances and/or by order
suspend the license of the offender
until permission to make such in
spection is given.
Sec. IL. That the Commissioner,
or any officer or employee designat-
ed by him for such purpose, may
hold hearings, sign and issue sub
poenas, administer oaths, examine
witnesses. receive evidence and re-
quire by subpoena the attendance
and testimony of witnesses and the
production of such accounts, records
and memoranda as may be material
for the determination of any COM
plant under this Act. In case of
disobedience to a subpoena the
Commissioner, or any of his officers
or employees. may invoke the aid of
any Court of competent jurisdiction
in requiring the attendance and tes-
timony of witnesses and the produc-
ton of accounts. records and memo
randa. and any such Court may,
in case of contumacy or refusal to
obey a subpoena issued TO any per-
son. issue an order requiring the
person to appear before the Com
missioner. or his officer or employee,
or to produce accounts, records
and memoranda as so ordered, or
TO give evidence touching any mat
ter pertinent to any complaint, and