reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 571 - Agricultural Advertising › Part II - Florida Agricultural Promotional Campaign Act (Ss. 571.21-571.301) › 571.25 - Registration and fees.

571.25 Registration and fees.—
(1) Any person who participates in the Florida Agricultural Promotional Campaign shall register annually with the department in a form and manner as required by the department. Each person shall renew his or her registration on the anniversary date of his or her original membership.
(2) The department is hereby authorized to establish by rule, registration and renewal fees sufficient to cover the cost of administering the Florida Agricultural Promotional Campaign, including all personnel costs. Fees shall be deposited in the Florida Agricultural Promotional Campaign Trust Fund.
History.—s. 16, ch. 90-323; s. 8, ch. 98-396.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 571 - Agricultural Advertising › Part II - Florida Agricultural Promotional Campaign Act (Ss. 571.21-571.301) › 571.26 - Florida Agricultural Promotional Campaign Trust Fund.

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571.26 Florida Agricultural Promotional Campaign Trust Fund.—There is hereby created the Florida Agricultural Promotional Campaign Trust Fund within the Department of Agriculture and Consumer Services to receive all moneys related to the Florida Agricultural Promotional Campaign. Moneys deposited in the trust fund shall be appropriated for the sole purpose of implementing the Florida Agricultural Promotional Campaign, except for money deposited in the trust fund pursuant to s. 212.20(6)(d)6.h., which shall be held separately and used solely for the purposes identified in s. 571.265.
History.—s. 16, ch. 90-323; ss. 40, 41, ch. 2023-157.
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Note.—Section 41, ch. 2023-157, provides that “[t]he amendments made by this act to s. 571.26, Florida Statutes, expire on July 1, 2025, and the text of that section shall revert to that in existence on June 30, 2023, except that any amendments to such text enacted other than by this act must be preserved and continue to operate to the extent such amendments are not dependent upon the portions of the text which expire pursuant to this section.” Effective July 1, 2025, s. 571.26, as amended by s. 41, ch. 2023-157, will read:
571.26 Florida Agricultural Promotional Campaign Trust Fund.—There is hereby created the Florida Agricultural Promotional Campaign Trust Fund within the Department of Agriculture and Consumer Services to receive all moneys related to the Florida Agricultural Promotional Campaign. Moneys deposited in the trust fund shall be appropriated for the sole purpose of implementing the Florida Agricultural Promotional Campaign.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 571 - Agricultural Advertising › Part II - Florida Agricultural Promotional Campaign Act (Ss. 571.21-571.301) › 571.27 - Rules.

571.27 Rules.—The department is authorized to adopt rules that implement, make specific, and interpret the provisions of this part. The department is further authorized to determine, by rule, the logos or product identifiers to be depicted for use in advertising, publicizing, and promoting the sale of Florida agricultural products or agricultural-based products in the Florida Agricultural Promotional Campaign. The department may also adopt rules consistent with the provisions of this part as in its judgment may be necessary for participant registration, renewal of registration, classes of membership, application forms, and other forms and enforcement measures ensuring compliance with this part.
History.—s. 16, ch. 90-323; s. 11, ch. 99-391; s. 17, ch. 2016-61.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 571 - Agricultural Advertising › Part II - Florida Agricultural Promotional Campaign Act (Ss. 571.21-571.301) › 571.29 - Unlawful acts; administrative remedies; criminal penalties.

571.29 Unlawful acts; administrative remedies; criminal penalties.—
(1) It is unlawful for any person to use, reproduce, or distribute the “Fresh From Florida” or “From Florida” logos or other logos of the Florida Agricultural Promotional Campaign without being registered with the department, or to otherwise violate the provisions of this part or any rules adopted under this part.
(2) It is unlawful for any person to use, reproduce, or distribute the “Fresh From Florida” or “From Florida” logos or other logos of the Florida Agricultural Promotional Campaign on any agricultural or agricultural-based products that are not Florida products.
(3) The department may enter an order imposing one or more of the following penalties against any person who violates any of the provisions of this part or any rules adopted under this part:
(a) Issuance of a warning letter.
(b) Imposition of an administrative fine in the Class I category pursuant to s. 570.971 for each violation for a first-time offender. For a second-time offender or a person who is shown to have willfully and intentionally violated this part or any rules adopted under this part, the administrative fine shall be in the Class II category pursuant to s. 570.971 for each violation. The term “each violation” means each incident in which a logo of the Florida Agricultural Promotional Campaign has been used, reproduced, or distributed in any manner inconsistent with this part or the rules adopted under this part.
(c) Revocation or suspension of any registration issued by the department.
The administrative proceedings that could result in the entry of an order imposing any of the penalties specified in paragraphs (a)-(c) shall be conducted pursuant to chapter 120.
(4) Any person who commits a violation of the provisions of this part or rules adopted under this part is, for the first offense, guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, and is, for each succeeding offense, guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 16, ch. 90-323; s. 12, ch. 99-391; s. 119, ch. 2014-150.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 571 - Agricultural Advertising › Part II - Florida Agricultural Promotional Campaign Act (Ss. 571.21-571.301) › 571.301 - Injunction.

571.301 Injunction.—In addition to the remedies provided in this part and notwithstanding the existence of any adequate remedy at law, the department is authorized to make application for injunction to a circuit judge, and such circuit judge shall have jurisdiction upon a hearing for cause shown to grant a temporary or permanent injunction, or both, restraining any person from violating or continuing to violate any provisions of this part or from failing or refusing to comply with the requirements of this part or any rule adopted hereunder, such injunction to be issued without bond.
History.—s. 13, ch. 99-391.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 573 - Marketing of Agricultural Commodities › 573.101 - Short Title.

573.101 Short title.—Sections 573.101-573.124 may be cited as the “Florida Agricultural Commodities Marketing Law.”
History.—ss. 1, 26, ch. 87-171; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 573 - Marketing of Agricultural Commodities › 573.102 - Purposes.

573.102 Purposes.—The purposes of ss. 573.101-573.124 are to:
(1) Enable producers of agricultural commodities of this state, with the aid of the state, to correlate more effectively the marketing of their agricultural commodities with market demands therefor.
(2) Establish and maintain orderly marketing of agricultural commodities.
(3) Provide methods for the maintenance of present markets, or for the development of new and larger markets for agricultural commodities grown in this state.
(4) Provide for uniform grading and proper preparation of agricultural commodities for market.
(5) Eliminate or reduce economic waste in the marketing of agricultural commodities grown in this state.
(6) Provide for the funding of production research, harvesting research, economic research, environmental research, and marketing research.
History.—ss. 2, 26, ch. 87-171; s. 1, ch. 89-197; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 573 - Marketing of Agricultural Commodities › 573.104 - Required Consent to Marketing Order by Industry.

573.104 Required consent to marketing order by industry.—No marketing order or amendment directly or indirectly affecting or regulating agricultural commodities in the primary channel of trade of this state shall become effective unless the marketing order or amendment has been consented to by a majority of producers or handlers of such commodities in this state, as provided in s. 573.1101.
History.—ss. 4, 26, ch. 87-171; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 573 - Marketing of Agricultural Commodities › 573.105 - Petition of Producers.

573.105 Petition of producers.—Upon the application or petition of 10 percent of the affected producers who state they have reason to believe that the issuance of a marketing order will tend to effectuate the declared policy of ss. 573.101-573.124, the department may give due notice of, and an opportunity for, a public hearing upon a proposed marketing order.
History.—ss. 5, 26, ch. 87-171; s. 4, ch. 91-429; s. 7, ch. 96-231.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 573 - Marketing of Agricultural Commodities › 573.106 - Petitioner’s Expense.

573.106 Petitioner’s expense.—Prior to the issuance of any marketing order by the department, the department shall require the applicants to deposit with it such amounts as the department may deem necessary to defray the expenses of preparing and making effective any marketing order. Funds shall be received, deposited, and disbursed by the department; provided, however, any balance remaining shall be returned to the petitioners if the proposed order does not become effective. If the proposed order does become effective, the total amount deposited may be refunded from the funds collected under the order upon the recommendation of the advisory council and approval of the department.
History.—ss. 6, 26, ch. 87-171; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 573 - Marketing of Agricultural Commodities › 573.107 - Public Hearing.

573.107 Public hearing.—Due notice of any hearing shall be given to all persons who may be directly affected by any action of the department. These hearings shall be open to the public. All testimony shall be received under oath and a full and complete record of all proceedings at any hearing shall be made and filed by the department in its office. All interested persons shall have a period of not less than 7 days following the public hearing for filing written briefs with the department concerning such action.
History.—ss. 7, 26, ch. 87-171; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 573 - Marketing of Agricultural Commodities › 573.108 - Findings Required to Issue Marketing Order.

573.108 Findings required to issue marketing order.—After notice and hearing, the department shall issue a marketing order if it finds and sets forth that the order will tend to accomplish the objectives and purposes of ss. 573.101-573.124, and:
(1) The provisions are necessary in order to effect a reasonable correlation of the supply of agricultural commodities affected with market demands therefor and the marketing order or amendments thereto will tend to reestablish or maintain a level of prices for agricultural commodities which will provide a purchasing power for the commodities adequate to maintain sufficient producers as are required to provide such supply of the quantities and qualities of agricultural commodities necessary to fulfill the normal requirements of consumers.
(2) The marketing order or amendments thereto will tend to approach equality of purchasing power at as rapid a rate as is feasible in view of the market demand for agricultural commodities.
(3) The marketing order or amendments thereto are in conformity with the provisions of ss. 573.101-573.124 and will tend to effectuate the declared purposes and policies of ss. 573.101-573.124.
(4) The marketing order or amendments thereto will protect the interests of consumers of agricultural commodities by exercising the powers of ss. 573.101-573.124 only to the extent necessary to establish the equality of purchasing power described in subsection (1).
(5) Provided that no marketing order would be issued wherein the commodity addressed is subject to regulation by any other state agency unless a memorandum of agreement is executed between the department and the regulating agency.
History.—ss. 8, 26, ch. 87-171; s. 4, ch. 91-429.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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) 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.
(3) 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; s. 26, ch. 2022-5.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 574 - Sale of Leaf Tobacco › 574.131 - Injunction Proceedings.

574.131 Injunction proceedings.—In addition to the remedies provided in this chapter and notwithstanding the existence of any adequate remedy at law, the department is authorized to make application for injunction to a circuit court or circuit judge, and such circuit court or circuit judge shall have jurisdiction, upon hearing and for cause shown, to grant a temporary or permanent injunction, or both, restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule duly adopted by the department, such injunction to be issued without bond.
History.—s. 7, ch. 72-188; s. 2, ch. 81-318; ss. 3, 4, ch. 83-9; s. 1, ch. 93-6.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 574 - Sale of Leaf Tobacco › 574.14 - Rules.

574.14 Rules.—The Department of Agriculture and Consumer Services may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter.
History.—s. 8, ch. 72-188; s. 2, ch. 81-318; ss. 3, 4, ch. 83-9; s. 1, ch. 93-6; s. 190, ch. 98-200.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 576 - Agricultural Fertilizers › 576.021 - Registration and Licensing.

576.021 Registration and licensing.—
(1) A company the name and address of which appears upon a label and that guarantees a fertilizer may not distribute that fertilizer to a nonlicensee until a license to distribute has been obtained by the company from the department upon payment of a $100 fee. All licenses shall expire on June 30 each year. An application for license shall include the following information:
(a) The name and address of the applicant.
(b) The name and address of the distribution point. The name and address shown on the license shall be shown on all labels, pertinent invoices, and storage facilities for fertilizer distributed by the licensee in this state.
(2)(a) A company the name and address of which appears upon a label and that guarantees a fertilizer may not distribute a specialty fertilizer in this state until it is registered with the department. An application for registration of each brand and grade of specialty fertilizer shall be filed with the department by using a form prescribed by the department or by using the department’s website and shall be accompanied by an annual fee of $100 for each specialty fertilizer that is registered. All specialty fertilizer registrations expire June 30 each year. All licensing and registration fees paid to the department under this section shall be deposited into the State Treasury to be placed in the General Inspection Trust Fund to be used for the sole purpose of funding the fertilizer inspection program.
(b) Labels for each brand and product grade shall accompany the application and shall include the following information:
1. The brand and grade.
2. The guaranteed analysis.
3. The name and address of the licensee.
4. The net weight.
5. The sources from which the nitrogen, phosphorus, and potassium are derived.
6. The sources of secondary plant nutrients and micro plant nutrients if guaranteed, claimed, or advertised.
History.—s. 1, ch. 65-348; ss. 14, 35, ch. 69-106; s. 2, ch. 76-35; s. 2, ch. 87-170; ss. 2, 19, ch. 92-143; ss. 2, 11, ch. 97-6; s. 41, ch. 2009-66; s. 120, ch. 2014-150.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 576 - Agricultural Fertilizers › 576.031 - Labeling.

576.031 Labeling.—
(1) Any fertilizer distributed in this state in containers shall have placed on or affixed to the immediate and outside container a label setting forth in clearly legible and conspicuous form the following information:
(a) The brand and grade.
(b) The guaranteed analysis.
(c) The name and address of the licensee.
(d) The net weight.
(e) The sources from which the nitrogen, phosphorus, and potassium are derived.
(f) The sources of secondary plant nutrients and micro plant nutrients if guaranteed, claimed, or advertised.
(2) If distributed in bulk, two labels containing the information required in paragraphs (1)(a)-(f) shall accompany delivery and be supplied to the purchaser at time of delivery with the delivery ticket, which shall show the certified net weight.
(3) Each label of fertilizer shall bear the Florida license number.
(4) The form of the label shall be prescribed by rule.
History.—s. 1, ch. 65-348; ss. 14, 35, ch. 69-106; ss. 3, 19, ch. 92-143; ss. 3, 11, ch. 97-6; s. 121, ch. 2014-150.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 576 - Agricultural Fertilizers › 576.041 - Inspection Fees; Records.

576.041 Inspection fees; records.—
(1) Every licensee shall pay to the department an inspection fee in the amount of $1 per ton for fertilizer sold in the state, except raw ground phosphate rock, soft phosphate, colloidal phosphate, phosphatic clays and all other untreated phosphatic materials, gypsum, hydrated lime, limestone, and dolomite when sold or used for agricultural purposes, on which the inspection fee shall be 30 cents per ton. All fees paid to the department under this section shall be deposited into the State Treasury to be placed in the General Inspection Trust Fund to be used for the sole purpose of funding the fertilizer inspection program.
(2) Each licensee shall report to the department quarterly the tonnage of fertilizer sold in the state and pay the inspection fee. The continuance of a license is conditioned upon the applicant’s:
(a) Maintaining records and a bookkeeping system that will accurately indicate the tonnage of fertilizer sold by the licensee; and
(b) Consent to examination of the business records and books by the department to verify the correctness of tonnage reports and the payment of inspection fees. Tonnage reports and payment of inspection fees shall be made quarterly through the department’s website or on forms provided by the department and submitted within 30 days after the close of the reporting period.
(3) In addition to any other penalty provided by this chapter, a licensee who fails to timely pay the inspection fee shall be assessed a penalty of 1.5 percent for each month or part of a month that the fee or portion of the fee is not paid.
(4) If the report is not filed and the inspection fee is not paid on the date due, or if the report of tonnage is false, the amount of the inspection fee due is subject to a penalty of 10 percent or $25, whichever is greater.
(5) Failure to make an accurate statement of tonnage or to pay the inspection fee or comply as provided herein shall constitute sufficient cause for revocation of the license and also for cancellation of all registrations on file for the licensee.
(6) In order to obtain information that will facilitate the collection of inspection fees and serve other useful purposes relating to fertilizer, the department may, by rule, require licensees, manufacturers, registrants, and dealers to report movements of fertilizer.
History.—s. 1, ch. 65-348; ss. 2, 3, ch. 67-213; ss. 14, 35, ch. 69-106; s. 2, ch. 85-172; s. 3, ch. 87-170; ss. 4, 19, ch. 92-143; s. 11, ch. 97-6; s. 7, ch. 2008-107; s. 122, ch. 2014-150; s. 19, ch. 2016-61.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 576 - Agricultural Fertilizers › 576.055 - Deconing.

576.055 Deconing.—The department may adopt, by rule, procedures and methods which would require each in-state manufacturer of fertilizer to incorporate specified procedures designed to avoid coning during the loading of bulk mixed fertilizer into transport vehicles to reduce separation and segregation of fertilizer components intended for delivery to a purchaser.
History.—s. 2, ch. 79-204; s. 3, ch. 83-202; ss. 6, 19, ch. 92-143; s. 11, ch. 97-6.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 576 - Agricultural Fertilizers › 576.071 - Commercial Value.

576.071 Commercial value.—The commercial value used in assessing penalties for any deficiency shall be determined by surveying the fertilizer industry in the state using annualized plant nutrient values contained in one or more generally recognized journals.
History.—s. 1, ch. 65-348; s. 19, ch. 92-143; ss. 6, 11, ch. 97-6; s. 27, ch. 2012-190; s. 125, ch. 2014-150.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 576 - Agricultural Fertilizers › 576.085 - Minimum Plant Nutrient Content.

576.085 Minimum plant nutrient content.—The department shall establish, by rule, a minimum plant nutrient content.
History.—s. 1, ch. 65-348; ss. 14, 35, ch. 69-106; s. 5, ch. 76-35; ss. 8, 19, ch. 92-143; s. 11, ch. 97-6.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 576 - Agricultural Fertilizers › 576.087 - Antisiphon Requirements for Irrigation Systems.

576.087 Antisiphon requirements for irrigation systems.—
(1) Any irrigation system used for the application of fertilizer must be equipped with an antisiphon device adequate to protect against contamination of the water supply.
(2) It is unlawful for any person to apply fertilizer through an irrigation system which is not equipped with an antisiphon device as required by this section.
History.—ss. 9, 19, ch. 92-143; s. 11, ch. 97-6; s. 126, ch. 2014-150.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 576 - Agricultural Fertilizers › 576.101 - License Denial, Revocation, or Suspension.

576.101 License denial, revocation, or suspension.—The department may deny, suspend, or revoke any license issued by the department for any violation of this chapter, the rules adopted under this chapter, or any lawful order of the department.
History.—s. 1, ch. 65-348; ss. 14, 35, ch. 69-106; s. 6, ch. 78-95; s. 5, ch. 83-202; ss. 11, 19, ch. 92-143; ss. 8, 11, ch. 97-6; s. 127, ch. 2014-150.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 576 - Agricultural Fertilizers › 576.111 - Stop-Sale, Stop-Use, Removal, or Hold Orders.

576.111 Stop-sale, stop-use, removal, or hold orders.—
(1) When fertilizer is being offered for sale in violation of any of the provisions of this chapter, the department may issue and enforce a stop-sale, stop-use, removal, or hold order to the owner or custodian of the fertilizer ordering it to be held at a designated place until compliance has been met and the fertilizer is released in writing by the department or the violation has been the subject of a court order.
(2) Such written or printed notice is notice and warning to all persons, including, but not limited to, the owner or custodian thereof or her or his agents or employees, to scrupulously refrain from moving, bothering, altering, or interfering with the fertilizer or from altering, defacing, or in anywise interfering with the notice itself or permitting the same to be done.
(3) It shall be unlawful for any person to willfully violate any of the provisions of subsection (2) of this section.
(4) The department shall release the fertilizer so withdrawn when the provisions of this law have been complied with.
(5) The owner or custodian, with the authorization, direction, and supervision of the department, may relabel the fertilizer so that the label will conform to the product, or transfer and return the product to the licensee or supplier for the purpose of bringing the product in compliance with the law.
History.—s. 1, ch. 65-348; s. 4, ch. 67-213; ss. 14, 35, ch. 69-106; ss. 12, 19, ch. 92-143; s. 11, ch. 97-6; s. 910, ch. 97-103.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 576 - Agricultural Fertilizers › 576.122 - Seizure, Condemnation, and Sale.

576.122 Seizure, condemnation, and sale.—Any lot of fertilizer not in compliance with the provisions of this law shall be subject to seizure on complaint of the department to the circuit court in the county in which the fertilizer is located. In the event the court finds the fertilizer to be in violation of this law and orders it condemned, it shall be disposed of as the court may direct; provided, that in no instance shall the disposition of the fertilizer be ordered by the court without first giving the owner or custodian an opportunity to apply to the court for release of the fertilizer or for permission to process or relabel it to bring it into compliance with this chapter.
History.—s. 1, ch. 65-348; ss. 14, 35, ch. 69-106; ss. 13, 19, ch. 92-143; s. 11, ch. 97-6.