reglab/housing_qa huggingface dataset:
FL Stat § 573.109 (2021)
2021 Florida Statutes|Title XXXV - Agriculture, Horticulture, and Animal Industry|Chapter 573 - Marketing of Agricultural Commodities|573.109 - Procedure for Referendum.

573.109 Procedure for referendum.—(1) With respect to any referendum conducted under the provisions of ss. 573.101-573.124, the department shall, before calling and announcing a referendum, fix, determine, and publicly announce, at least 15 days in advance of the date on which ballots and copies of the proposed order shall be mailed to all agricultural producers or handlers affected who are in the state and whose names and addresses are known, the date by which ballots must be returned to the department. Ballots and copies of the proposed order may be obtained from county agricultural agents’ offices in the marketing area by producers or handlers not receiving them by mail.(2) It shall be the duty of the producers or handlers affected who vote in each referendum to send their marked ballots to the department, which shall have the ballots counted by qualified and impartial personnel in its office, and the department shall, within 10 days after the closing date for submitting ballots in any referendum, certify in writing and publish the results of such referendum on the front page of their website and shall send notice via e-mail to all publications of general circulation and all news departments of broadcast network affiliates located within the state.History.—ss. 9, 26, ch. 87-171; s. 4, ch. 91-429; s. 18, ch. 2012-212.
FL Stat § 573.1101 (2021)
2021 Florida Statutes|Title XXXV - Agriculture, Horticulture, and Animal Industry|Chapter 573 - Marketing of Agricultural Commodities|573.1101 - Referendum.

573.1101 Referendum.—(1) No marketing order or amendments thereto directly affecting and regulating handlers shall become effective unless the department finds that the order has been approved by ballot by the handlers covered by the marketing order who, during a representative period determined by the department, handled no less than 51 percent of the volume of agricultural commodities produced or marketed within the production or marketing area covered by the order, as provided in subsection (3).(2) No marketing order or amendments thereto directly affecting and regulating producers shall become effective unless and until the department finds that the order has been approved by ballot by the producers covered by the marketing order who, during a representative period determined by the department, produced not less than 51 percent of the volume of agricultural commodities covered by the marketing order and who total by number not less than 65 percent of the agricultural commodities producers so covered by the marketing order, as provided in subsection (3).(3) All percentages determined by the department as required in this section shall be computed on the basis of persons voting in the referendum.History.—ss. 10, 26, ch. 87-171; s. 4, ch. 91-429.
FL Stat § 573.111 (2021)
2021 Florida Statutes|Title XXXV - Agriculture, Horticulture, and Animal Industry|Chapter 573 - Marketing of Agricultural Commodities|573.111 - Notice of Effective Date of Marketing Order.

573.111 Notice of effective date of marketing order.—Before the issuance of any marketing order, or any suspension, amendment, or termination thereof, a notice must be posted on the department website. A marketing order, or any suspension, amendment, or termination thereof, may not become effective until 5 days after the date of posting and publication.History.—ss. 11, 26, ch. 87-171; s. 4, ch. 91-429; s. 4, ch. 92-4; ss. 44, 45, ch. 92-291; s. 19, ch. 2012-212; s. 38, ch. 2018-84.
FL Stat § 573.113 (2021)
2021 Florida Statutes|Title XXXV - Agriculture, Horticulture, and Animal Industry|Chapter 573 - Marketing of Agricultural Commodities|573.113 - Advisory Council; Exemption From Liability.

573.113 Advisory council; exemption from liability.—The members and alternate members of any advisory council duly appointed by the department, including employees of the council, shall not be held responsible individually in any way whatsoever to any producer, distributor, or other handler or any other person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act of any other member of the council.History.—ss. 13, 26, ch. 87-171; s. 2, ch. 88-303; ss. 4, 5, ch. 91-429.
FL Stat § 573.115 (2021)
2021 Florida Statutes|Title XXXV - Agriculture, Horticulture, and Animal Industry|Chapter 573 - Marketing of Agricultural Commodities|573.115 - Cooperation With Other Governments.

573.115 Cooperation with other governments.—The department is hereby authorized to confer with and cooperate with the legally constituted authorities of other states and of the United States for the purpose of obtaining uniformity in the administration of federal and state marketing regulations, licenses, or orders, and the department is authorized to conduct joint hearings, issue joint or concurrent marketing orders, and exercise any administrative authority to effect such uniformity of administration and regulation.History.—ss. 15, 26, ch. 87-171; s. 4, ch. 91-429.
FL Stat § 573.116 (2021)
2021 Florida Statutes|Title XXXV - Agriculture, Horticulture, and Animal Industry|Chapter 573 - Marketing of Agricultural Commodities|573.116 - Limited Marketing Orders.

573.116 Limited marketing orders.—A marketing order issued by the department may be limited in application by prescribing the marketing areas or portions of the state in which a particular order shall be effective, provided that no marketing order shall be issued by the department unless it embraces all persons of a like class who are engaged in a specific and distinctive agricultural industry or trade within the prescribed marketing area or portion of the state in which a particular order shall be effective.History.—ss. 16, 26, ch. 87-171; s. 4, ch. 91-429.
FL Stat § 573.117 (2021)
2021 Florida Statutes|Title XXXV - Agriculture, Horticulture, and Animal Industry|Chapter 573 - Marketing of Agricultural Commodities|573.117 - Marketing Agreement.

573.117 Marketing agreement.—In order to effectuate the declared policy of ss. 573.101-573.124, the department shall have the power to enter into marketing agreements, which agreements may contain any of those provisions contained in s. 573.114 with distributors, producers, and others engaged in the handling of agricultural commodities regulating the handling of the commodities, which marketing agreements shall be binding upon the signatories exclusively. The execution of a marketing agreement shall in no manner affect the issuance, administration, or enforcement of any marketing order. The department may issue a marketing order without executing a marketing agreement, or may execute a marketing agreement and issue a marketing order covering the same commodities.History.—ss. 17, 26, ch. 87-171; s. 4, ch. 91-429.
FL Stat § 573.119 (2021)
2021 Florida Statutes|Title XXXV - Agriculture, Horticulture, and Animal Industry|Chapter 573 - Marketing of Agricultural Commodities|573.119 - Department; Powers and Duties.

573.119 Department; powers and duties.—(1) The department shall administer and enforce the provisions of ss. 573.101-573.124. In order to effectuate the declared purposes of ss. 573.101-573.124, the department is authorized to issue, administer, and enforce the provisions of any marketing agreement or order regulating producer marketing and handling of agricultural commodities in the primary channel of trade.(2) Upon recommendation of the advisory council concerned, the department shall have the power to establish administrative rules for each marketing order or marketing agreement issued and made effective as may be necessary to facilitate the administration and enforcement of each order or agreement.(3) Upon recommendation of the advisory council concerned, the department shall have the power to issue and make effective seasonal marketing regulations authorized by the provisions of any marketing order or marketing agreement necessary to carry out and make effective the purposes and provisions of any marketing order or agreement. Notice of any rule issued by the department shall be given to all producers and handlers directly affected.History.—ss. 19, 26, ch. 87-171; s. 4, ch. 91-429.
FL Stat § 573.1201 (2021)
2021 Florida Statutes|Title XXXV - Agriculture, Horticulture, and Animal Industry|Chapter 573 - Marketing of Agricultural Commodities|573.1201 - Certificates of Exemption.

573.1201 Certificates of exemption.—(1) The department may issue certificates of exemption to any applicant who applies for an exemption and furnishes adequate evidence to the department that by reason of a marketing order the applicant has been adversely affected or unduly burdened or that the result of the marketing order is confiscatory by reason of acts beyond the applicant’s control or by acts beyond reasonable expectation.(2) The department shall be permitted at any time to make a thorough investigation of any applicant’s claim pertaining to exemption.History.—ss. 20, 26, ch. 87-171; s. 4, ch. 91-429; s. 4, ch. 2016-9.
FL Stat § 573.121 (2021)
2021 Florida Statutes|Title XXXV - Agriculture, Horticulture, and Animal Industry|Chapter 573 - Marketing of Agricultural Commodities|573.121 - Termination or Suspension of Marketing Orders.

573.121 Termination or suspension of marketing orders.—The department shall suspend or terminate the marketing order or any provision of the marketing order whenever it finds the provision or order does not tend to effectuate the declared purposes of ss. 573.101-573.124, within the standards and subject to the limitations and restrictions herein imposed, and it further finds upon a referendum called by the department that 51 percent of the producers who are engaged within the state in the production of agricultural commodities for market, covered by the marketing order, and who produce for market more than 51 percent of the volume of agricultural commodities produced within the state for market are opposed to the marketing order, provided the suspension or termination shall not be effective until the expiration of the current marketing season. If the department finds that the termination of any marketing order is requested in writing by more than 51 percent of the producers who are engaged within the state in the production of agricultural commodities for market, covered by the marketing order, and who produce for market more than 51 percent of the volume of the commodity produced within the state for market, covered by the order, and the department further finds the marketing order obstructs or does not tend to carry out the declared policy and purposes of ss. 573.101-573.124, it shall terminate or suspend for a specified period the marketing order or provision thereof, provided the termination shall be effective only if announced on or before the date, prior to the end of the current marketing period, as may be specified in the order.History.—ss. 21, 26, ch. 87-171; s. 4, ch. 91-429.
FL Stat § 573.122 (2021)
2021 Florida Statutes|Title XXXV - Agriculture, Horticulture, and Animal Industry|Chapter 573 - Marketing of Agricultural Commodities|573.122 - Inspections.

573.122 Inspections.—Any authorized inspector or other authorized person discharging his or her duties in the checking of compliance with the provisions of any marketing order may enter and inspect any premises, enclosure, building, or conveyance where he or she has reason to believe any agricultural commodities subject to a marketing order are produced, stored, being prepared for market, or marketed and may inspect or cause to be inspected the representative samples of the commodities as may be necessary to determine whether or not any lot of agricultural commodities is in compliance with applicable regulations of any marketing order.History.—ss. 22, 26, ch. 87-171; s. 4, ch. 91-429; s. 903, ch. 97-103.
FL Stat § 573.123 (2021)
2021 Florida Statutes|Title XXXV - Agriculture, Horticulture, and Animal Industry|Chapter 573 - Marketing of Agricultural Commodities|573.123 - Maintenance and Production of Records.

573.123 Maintenance and production of records.—(1) The department may require any and all persons directly affected by and subject to the provisions of any marketing order to maintain books and records reflecting their operations under the marketing order, to furnish to the department or its duly authorized or designated representative or representatives any information as may be from time to time requested by them relating to operations under the marketing order, and to permit the inspection by the department or its duly authorized or designated representative or representatives of such portions of the books and records as relate to operations under the marketing order.(2) Information that, if disclosed, would reveal a trade secret, as defined in s. 812.081, of any person subject to a marketing order is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution and may not be disclosed except to an attorney who provides legal advice to the division about enforcing a marketing order or by court order. A person who receives confidential information under this subsection shall maintain the confidentiality of that information. This subsection is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2021, unless reviewed and saved from repeal through reenactment by the Legislature.(3) The department or its duly authorized or designated representative or representatives may hold hearings, take testimony, administer oaths, subpoena witnesses, and issue subpoenas for the production of books, records, or documents relevant and material to the subject matter of the hearings.(4) No person shall be excused from attending and testifying or from producing documentary evidence before the department, or its duly authorized or designated representative or representatives, in obedience to the subpoena of the department on the ground or the reason that the testimony or evidence, documentary or otherwise, required of the person may tend to incriminate her or him or subject her or him to a penalty or forfeiture. But no natural person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which she or he may be so required to testify, or to produce evidence, documentary or otherwise, before the department in obedience to a subpoena issued, provided no natural person so testifying shall be exempt from prosecution and punishment for perjury committed in so testifying.History.—ss. 23, 26, ch. 87-171; s. 4, ch. 91-429; s. 5, ch. 92-4; s. 352, ch. 96-406; s. 1185, ch. 97-103; s. 15, ch. 2016-6.
FL Stat § 574.01 (2021)
2021 Florida Statutes|Title XXXV - Agriculture, Horticulture, and Animal Industry|Chapter 574 - Sale of Leaf Tobacco|574.01 - Administration of Law.

574.01 Administration of law.—This act shall be administered within the Division of Marketing and Development of the Department of Agriculture and Consumer Services.History.—s. 14, ch. 59-154; ss. 14, 35, ch. 69-106; s. 2, ch. 81-318; ss. 3, 4, ch. 83-9; s. 46, ch. 92-291; s. 1, ch. 93-6.
FL Stat § 574.02 (2021)
2021 Florida Statutes|Title XXXV - Agriculture, Horticulture, and Animal Industry|Chapter 574 - Sale of Leaf Tobacco|574.02 - Purpose of Act.

574.02 Purpose of act.—The purpose of this act is to enable producers to have sufficient time to properly cure, prepare, and have an adequate time to market their leaf tobacco. Nothing herein shall prohibit a producer from selling his or her tobacco at a private sale at any time. The provisions of this act shall apply only to sales of leaf tobacco produced in the calendar year in which the sale is made.History.—s. 1, ch. 59-154; s. 2, ch. 81-318; ss. 3, 4, ch. 83-9; s. 1, ch. 93-6; s. 905, ch. 97-103.
FL Stat § 574.03 (2021)
2021 Florida Statutes|Title XXXV - Agriculture, Horticulture, and Animal Industry|Chapter 574 - Sale of Leaf Tobacco|574.03 - Warehouseman; Licenses and Fees.

574.03 Warehouseman; licenses and fees.—(1) A warehouseman operating a warehouse for the sale of flue-cured tobacco shall, on or before July 1 of each year, obtain from the Department of Agriculture and Consumer Services a state flue-cured tobacco warehouse license for the privilege of operating such warehouse.(2) Each applicant, with an application for license, shall remit a license fee based upon total pounds sold during the previous year on the following scale:(a) Less than 1,000,000 lbs., $100;(b) 1,000,000 lbs. and less than 2,000,000 lbs., $200;(c) 2,000,000 lbs. and less than 3,000,000 lbs., $300;(d) 3,000,000 lbs. and less than 4,000,000 lbs., $400;(e) 4,000,000 lbs. and less than 5,000,000 lbs., $500;(f) 5,000,000 lbs. and less than 6,000,000 lbs., $600;(g) All in excess of 6,000,000 lbs., $600 and 6 cents per 1,000 lbs.(3) A warehouseman not operating a warehouse the previous year may procure a license by paying the license fee based upon the total estimated pounds that the new warehouseman estimates he or she will market during the complete marketing season.(4) A new warehouseman operating an old warehouse shall pay license fee based on sales of the preceding year by the previous warehouseman.(5) The fees levied shall be based on official statistical data reported to the Department of Agriculture and Consumer Services by the United States Department of Agriculture.(6) As a prerequisite to the issuance of a license under the provisions of this section, each applicant shall furnish evidence to the Department of Agriculture and Consumer Services that the applicant has in force a standard fire and extended coverage insurance policy for the full market value of the maximum amount of tobacco contained in his or her sales warehouse at any one time during the marketing season for which the license is sought. The insurance policy shall be written by an insurance company of the warehouseman’s choice authorized to transact business in this state, and such insurance coverage shall be approved in form by the Office of Insurance Regulation of the Financial Services Commission, and a copy of the insurance policy shall be filed with the director of the Division of Marketing and Development of the Department of Agriculture and Consumer Services. The policy shall contain an endorsement requiring notification to the director of the Division of Marketing and Development of the Department of Agriculture and Consumer Services by the insurance company at least 10 days prior to cancellation of their intention to cancel the policy.History.—s. 2, ch. 59-154; ss. 14, 35, ch. 69-106; s. 1, ch. 72-188; s. 2, ch. 81-318; ss. 3, 4, ch. 83-9; s. 47, ch. 92-291; s. 1, ch. 93-6; s. 906, ch. 97-103; s. 739, ch. 2003-261.
FL Stat § 574.07 (2021)
2021 Florida Statutes|Title XXXV - Agriculture, Horticulture, and Animal Industry|Chapter 574 - Sale of Leaf Tobacco|574.07 - Revocation of Licenses.

574.07 Revocation of licenses.—If any warehouseman shall hold a sale prior to the date determined by the department, the license of that warehouseman shall be revoked and shall not be reinstated or reissued in that calendar year. The revocation of license as provided herein shall be in addition to the penalty for the violation of the provisions of this act.History.—s. 6, ch. 59-154; ss. 14, 35, ch. 69-106; s. 3, ch. 72-188; s. 2, ch. 81-318; ss. 3, 4, ch. 83-9; s. 1, ch. 93-6.
FL Stat § 574.08 (2021)
2021 Florida Statutes|Title XXXV - Agriculture, Horticulture, and Animal Industry|Chapter 574 - Sale of Leaf Tobacco|574.08 - Accounts of Sales; Weekly Reports.

574.08 Accounts of sales; weekly reports.—Each warehouseman of flue-cured tobacco doing business in the state shall keep a correct daily account of the number of pounds of flue-cured tobacco sold by type upon the floor of his or her warehouse during the previous day. On or before Monday of each succeeding week, each warehouseman shall file with the Department of Agriculture and Consumer Services a statement under oath indicating the amount of all flue-cured tobacco sold by type on the floor of his or her warehouse during the previous week. The report made to the department shall be so arranged and classified as to show the number of pounds of tobacco sold for producers by state of origin and the average price per pound, the number of pounds sold for dealers and the average price per pound, the number of pounds sold by the warehouseman for his or her own account, and number of pounds sold for other warehousemen and the average price per pound. In addition thereto, each licensee shall make additional reports as required by law or rules adopted by the department.History.—s. 7, ch. 59-154; ss. 14, 35, ch. 69-106; s. 4, ch. 72-188; s. 2, ch. 81-318; ss. 3, 4, ch. 83-9; s. 1, ch. 93-6; s. 907, ch. 97-103.
FL Stat § 574.09 (2021)
2021 Florida Statutes|Title XXXV - Agriculture, Horticulture, and Animal Industry|Chapter 574 - Sale of Leaf Tobacco|574.09 - Department; Records; Penalty.

574.09 Department; records; penalty.—(1) The Department of Agriculture and Consumer Services shall keep all weekly reports of sales as returned to it from each tobacco market in this state so far as to show the total number of pounds sold by type for producers by state of origin, for dealers, and for warehousemen. The department shall keep such records open to inspection by the public and shall periodically cause the same to be published in the market news report of the Department of Agriculture and Consumer Services or through some other news media.(2) Any warehouseman failing to file the report required by s. 574.08 shall be subject to a penalty of $100 and, additionally, may be cited to show cause why his or her license should not be suspended or revoked.History.—s. 8, ch. 59-154; ss. 14, 35, ch. 69-106; s. 590, ch. 71-136; s. 5, ch. 72-188; s. 2, ch. 81-318; ss. 3, 4, ch. 83-9; s. 1, ch. 93-6; s. 908, ch. 97-103.
FL Stat § 574.12 (2021)
2021 Florida Statutes|Title XXXV - Agriculture, Horticulture, and Animal Industry|Chapter 574 - Sale of Leaf Tobacco|574.12 - Tobacco Warehouses; Charges, Fees, Penalties.

574.12 Tobacco warehouses; charges, fees, penalties.—(1) The charges for auctioneer fees, for weighing and handling, and for commissions for selling leaf tobacco upon the floor of the tobacco warehouses shall be determined by the Department of Agriculture and Consumer Services.(2) The proprietor of each warehouse shall render to each seller of tobacco at his or her warehouse a bill plainly stating the amount charged for weighing and handling, the amounts charged for auction fees, and the amounts charged for commission on each sale.(3) It is unlawful for any charges in addition to or in excess of those named by the department to be made or accepted, and any proprietor or person in charge of a leaf tobacco warehouse in this state who violates this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.History.—s. 11, ch. 59-154; s. 1, ch. 65-415; ss. 14, 35, ch. 69-106; s. 592, ch. 71-136; s. 2, ch. 81-318; ss. 1, 3, 4, ch. 83-9; s. 1, ch. 93-6; s. 909, ch. 97-103.
FL Stat § 574.13 (2021)
2021 Florida Statutes|Title XXXV - Agriculture, Horticulture, and Animal Industry|Chapter 574 - Sale of Leaf Tobacco|574.13 - Penalty.

574.13 Penalty.—Any person violating the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law.History.—s. 12, ch. 59-154; s. 593, ch. 71-136; s. 7, ch. 72-188; s. 2, ch. 81-318; ss. 2, 3, 4, ch. 83-9; s. 1, ch. 93-6.