The Florida Senate

544.01  Certain combinations against public policy.

544.02  Forfeiture of charter.

544.03  Jurisdiction of circuit court.

544.04  Duty of state attorney.

544.05  Compelling testimony of witnesses.

544.06  Combinations against sale of Florida meats; penalties.

544.01  Certain combinations against public policy.--Every arrangement, contract, agreement, trust or combination between persons made with a view to, or tending to prevent, hinder or obstruct the lawful sale in this state, or any place therein, of beef or other fresh meat of cattle or any other edible animal raised, fattened or fed in the state, or any other beef or fresh meat, or with a view to, or tending to prevent, hinder or obstruct the lawful sale of any cattle or other edible animal in this state, or any place therein, or which shall tend to monopolize or control the sale or price of beef or other fresh meat in this state, or any place therein, is declared to be against public policy.

History.--s. 1, ch. 4534, 1897; GS 3160; RGS 4986; CGL 7075.

544.02  Forfeiture of charter.--Any corporation chartered under the laws of this state, which shall violate any of the provisions of s. 544.01, shall forfeit its charter and franchises, and its corporate existence shall thereupon cease. Every foreign corporation which shall violate any of the provisions of s. 544.01 is prohibited from doing business in this state. The Department of Legal Affairs shall enforce this provision by due process of law.

History.--s. 2, ch. 4534, 1897; GS 3161; RGS 4987; CGL 7076; ss. 11, 35, ch. 69-106.

544.03  Jurisdiction of circuit court.--The circuit courts of this state are given jurisdiction in chancery, and shall restrain or enjoin any violation of this chapter in their respective circuits, and shall restrain or enjoin any raising or lowering the price of beef or other fresh meat in any place in such several circuits with intent to or tending to prevent, hinder or obstruct the sale of beef or other fresh meat or cattle or any other edible animal raised, fattened or fed in the state, or any other beef or fresh meat, or with intent to or tending to prevent, hinder or obstruct the lawful sale of any cattle or other edible animal in any such place.

History.--s. 4, ch. 4534, 1897; GS 3162; RGS 4988; CGL 7077.

544.04  Duty of state attorney.--The state attorneys shall institute and prosecute all proper suits in their respective circuits in the name of the state to enforce this chapter. Any citizen of this state also may institute and prosecute suit in her or his own name to enforce this chapter. In case decree shall be rendered in the circuit court in favor of the plaintiff, whether the state or an individual, the court may decree that the defendant or defendants pay a reasonable fee in the cause for the state attorney or plaintiff's solicitor therein. Nothing herein contained shall operate or be construed to deprive any person of any right to any damages, or of any remedy to recover damages which such person would have without this chapter in or about matter mentioned or included in this chapter.

History.--s. 4, ch. 4534, 1897; GS 3163; RGS 4889; CGL 7078; s. 757, ch. 97-103.

544.05  Compelling testimony of witnesses.--No person shall be excused from attending and testifying, or from producing books, papers, contracts, agreements, and documents on subpoena for the state, or as witness for the state, or on cross-examination for the state, in any prosecution, suit or proceeding, criminal or civil, authorized by or based upon this chapter or growing out of any violation thereof, when such prosecution, suit or proceeding is in the name of the state and prosecuted or carried on by the Department of Legal Affairs or state attorney, for the reason that the testimony or evidence, documentary or otherwise, required of her or him, may tend to incriminate the person or subject her or him to a penalty or forfeiture. But no such person shall be prosecuted or subjected to any penalty or forfeiture on account of any transaction, matter or thing concerning which the person may so testify or produce evidence; provided, that no person so testifying shall be exempt from prosecution and punishment for perjury committed in so testifying.

History.--s. 5, ch. 4534, 1897; GS 3164; RGS 4990; CGL 7079; ss. 11, 35, ch. 69-106; s. 758, ch. 97-103.

544.06  Combinations against sale of Florida meats; penalties.--Any violation of any provisions of law relating to combinations against the sale of Florida meat is declared to be destructive of free competition and a conspiracy against trade, and any person who may engage in such conspiracy, or who shall, as principal, manager, director or agent, or in any other capacity, knowingly carry out any of the stipulations, purposes, prices, rates or orders made in furtherance of such conspiracy, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 3, ch. 4534, 1897; GS 3516; RGS 5402; CGL 7543; s. 534, ch. 71-136.