The Florida Senate

506.06  Unlawful to counterfeit trademark.

506.07  Filing of trademark or other form of advertisement for record with Department of State.

506.08  Fee for filing.

506.09  Civil remedies.

506.11  Unlawful use of trademark; penalty.

506.12  Procuring the filing of trademark or other form of advertisement by fraudulent representations; penalty.

506.13  Using the name or seal of another; penalty.

506.19  Protection of owners of marked or branded field boxes or other specified containers; recordation.

506.20  Filing and recording of marks and brands on field boxes.

506.21  Filing fee; issuance of certificate of recordation.

506.22  Transfer, release, or sale of registered mark or brand.

506.23  Application of law.

506.24  Unauthorized possession of field boxes or other specified containers; penalty.

506.25  Alteration or obliteration of marks or brands on field boxes or other specified containers.

506.26  Purchase of marked field boxes or other specified containers from one other than owner.

506.27  Refusal to deliver marked field boxes or other specified containers to owner upon demand.

506.28  Sending marked field boxes or other specified containers out of state; penalty.

506.501  Carts, Cases, Baskets, Boxes, and Containers Act; short title.

506.502  Definitions.

506.503  Shopping carts, laundry carts, dairy cases, egg baskets, poultry boxes, and bakery containers; registration.

506.505  Egg baskets; designation of owner.

506.506  Poultry boxes; designation of owners.

506.507  Bakery containers; designation of owners.

506.508  Illegal use of dairy cases, egg baskets, poultry boxes, or bakery containers.

506.509  Possession of shopping carts, laundry carts, dairy cases, egg baskets, poultry boxes, or bakery containers.

506.511  Transportation of dairy cases, egg baskets, poultry boxes, or bakery containers; bill of lading.

506.513  Illegal use of shopping carts and laundry carts.

506.5131  Return of shopping carts; assessment of fees, fines, and costs.

506.514  Unlawful removal of dairy cases.

506.515  Unlawful removal of egg baskets, poultry boxes, or bakery containers.

506.517  Deposits.

506.518  Penalty.

506.519  Scope of ss. 506.501-506.519.

506.06  Unlawful to counterfeit trademark.--When any person or any association or union of working persons adopts or uses and files as provided in s. 506.07 any label, trademark, term, wording, design, device, color or form of advertisement for the purpose of designating, making known or distinguishing any goods, wares, merchandise or other products of labor as having been made, manufactured, produced, prepared, packed or put on sale by such person or association or union of working persons, or by a member or members of such association or union, it shall be unlawful to counterfeit or imitate such label, trademark, term, wording, design, device, color or form of advertisement, or knowingly to use, sell, offer for sale, or in any other way utter or circulate any counterfeit or imitation of any such label, trademark, term, wording, design, device, color or form of advertisement.

History.--s. 1, ch. 4974, 1901; GS 3169; RGS 4995; CGL 7084; s. 650, ch. 97-103.

506.07  Filing of trademark or other form of advertisement for record with Department of State.--Every person, association or union that adopts or uses a label, trademark, term, wording, design, device, color or form of advertisement as provided in s. 506.06, may file the same for record with the Department of State, by leaving two copies, counterparts or facsimiles thereof, with said department, and by filing therewith a sworn application specifying the name or names of the person, association or union on whose behalf such label, trademark, term, wording, design, device, color or form of advertisement shall be filed, the class of merchandise and a description of the goods to which it has been or is intended to be appropriated, stating that the party so filing or on whose behalf such label, trademark, term, wording, design, device, color or form of advertisement shall be filed, has the right to the use of the same; that no other person, association or union has the right to use either in the identical form or in any such near resemblance thereto as may be calculated to deceive and that the facsimiles or counterparts filed therewith are true and correct.

History.--s. 3, ch. 4974, 1901; GS 3170; RGS 4996; CGL 7085; ss. 10, 35, ch. 69-106.

506.08  Fee for filing.--There shall be paid for such filing and recording a fee of $26.25. The Department of State shall deliver to such person, association or union so filing or causing to be filed any label, trademark, term, wording, design, device, color or form of advertisement so many duly attested certificates of the recording of the same as such person, association or union may apply for, for each of which the department shall receive a fee of $26.25. Any certificate of record shall, in all suits and prosecutions hereunder, be sufficient proof of the adoption of such label, trademark, term, wording, design, device, color or form of advertisement. The Department of State shall not record for any person, union or association any label, trademark, term, wording, design, device, color or form of advertisement that would probably be mistaken for any label, trademark, term, wording, design, device, color or form of advertisement theretofore filed by or on behalf of any other person, union or association.

History.--s. 3, ch. 4974, 1901; GS 3171; RGS 4997; CGL 7086; ss. 10, 35, ch. 69-106; s. 8, ch. 71-114; s. 61, ch. 90-132.

506.09  Civil remedies.--

(1)  A person, association, or union that adopts or uses, and files as provided in s. 506.07, a label, trademark, term, wording, design, device, color, or form of advertisement may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits thereof. Any court of competent jurisdiction may grant an injunction to restrain such manufacture, use, display, or sale as may be deemed just and reasonable and shall require the defendant to pay to the owner up to 3 times its profits from, and up to 3 times all damages suffered by reason of, the wrongful manufacture, use, display, or sale. The court may order the destruction of all such counterfeits, all means of making the counterfeits, and all goods, articles, or other matter bearing the counterfeits, which are in the possession or control of the court or any party to the action; or, after obliteration of the counterfeits, the court may dispose of those materials by ordering their transfer to the state, a civil claimant, an eleemosynary institution, or any appropriate private person other than the person from whom the materials were obtained.

(2)  The court, upon motion or ex parte application by a plaintiff in a suit to enjoin the manufacture, use, display, or sale of counterfeits, may order seizure of the counterfeit goods from persons manufacturing, displaying for sale, or selling the goods, upon a showing that the counterfeit goods are likely to be destroyed, sold, or removed from the jurisdiction of the court and that there is a probability of success on the merits and upon the posting of an undertaking pursuant to subsection (5). If it appears from the ex parte application that there is good reason for proceeding without notification to the defendant, the court may, for good cause shown, waive the requirement of notice for the ex parte proceeding. The order of seizure shall specifically set forth:

(a)  The date or dates on which the seizure is ordered to take place;

(b)  A description of the counterfeit goods to be seized;

(c)  The identity of the persons or class of persons to effect the seizure;

(d)  A description of the location or locations at which the seizure is to occur; and

(e)  A date, not more than 10 court days after the last date on which seizure is ordered, for a hearing at which any person from whom goods were seized may appear and seek release of the seized goods.

Any person from whom a seizure is to be effected shall be served with the order at the time of the seizure.

(3)  Any person who causes the seizure of goods which are not counterfeit is liable in an amount equal to the following:

(a)  Any damages proximately caused by the seizure of goods which are not counterfeit to any person having a financial interest in the seized goods.

(b)  Costs incurred in defending against seizure of such goods.

(c)  Upon a showing that the person who caused the seizure to occur acted in bad faith, expenses, including reasonable attorney's fees, in defending against the seizure of such goods.

(d)  Punitive damages, if warranted.

(4)  A person entitled to recover may seek a recovery pursuant to subsection (3) by cross-claim or motion made in the trial court. A person seeking a recovery pursuant to this section may join any surety on an undertaking posted pursuant to subsection (2), and any judgment of liability will bind the person liable pursuant to subsection (3) and the surety jointly and severally, but the liability of the surety is limited to the amount of the undertaking.

(5)  The court shall set the amount of the undertaking required by subsection (2) in accordance with the probable recovery of damages, costs, and expenses under subsection (3) if it is ultimately determined that the goods seized are not counterfeit.

(6)  Any person entitled to recover under subsection (3) may, within 30 days after the date of seizure, object to the undertaking on the ground that the surety or the amount of undertaking is insufficient.

(7)  The motion or application filed pursuant to subsection (2) shall include a statement advising the person from whom the goods are seized that the undertaking has been filed, informing her or him of her or his right to object to the undertaking on the ground that the surety or the amount of the undertaking is insufficient, and advising her or him that such objection to the undertaking must be made within 30 days after the date of seizure.

History.--s. 5, ch. 4974, 1901; GS 3172; RGS 4998; CGL 7087; s. 1, ch. 84-132; s. 651, ch. 97-103.

506.11  Unlawful use of trademark; penalty.--Every person who shall use or display the genuine label, trademark, term, wording, design, device, color or form of advertisement of any person, association or union, when legally filed for record, in any manner, not being authorized so to do by such person, union or association, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 6, ch. 4974, 1901; GS 3348; RGS 5191; CGL 7294; s. 464, ch. 71-136.

506.12  Procuring the filing of trademark or other form of advertisement by fraudulent representations; penalty.--Any person who shall, for himself or herself or on behalf of any other person, association or union, procure the filing of any label, trademark, term, wording, design, device, color or form of advertisement with the Department of State, by making any false or fraudulent representations or declaration, verbally or in writing, or by any fraudulent means, shall be liable to pay any damage sustained in consequence of such filing, to be recovered by or on behalf of the party injured thereby in any court having jurisdiction, and shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 4, ch. 4974, 1901; GS 3349; RGS 5192; CGL 7295; ss. 10, 35, ch. 69-106; s. 465, ch. 71-136; s. 652, ch. 97-103.

506.13  Using the name or seal of another; penalty.--Any person who shall, in any way, use the name or seal of any person, association or union or officer thereof, in and about the sale of goods or otherwise, not being authorized to so use the same, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 7, ch. 4974, 1901; GS 3350; RGS 5193; CGL 7296; s. 466, ch. 71-136.

506.19  Protection of owners of marked or branded field boxes or other specified containers; recordation.--Any person being the owner of field boxes, pallets, crates, containers, or receptacles used in the general production, harvesting, packing, transportation, or marketing of fruits or vegetables or their byproducts in the state may adopt for his or her exclusive use and ownership a particular mark or brand to designate and distinguish his or her ownership thereof and may identify his or her field boxes, pallets, crates, containers, or receptacles so used with such mark or brand in the form of such combinations, initials, symbols, designs, or names as he or she may desire, by plainly and distinctly stamping, stenciling, painting, cutting, etching, or burning the same into or upon both ends or sides of such field boxes, pallets, crates, receptacles, or containers, and the presence of such identifying mark or brand on any field box, pallet, crate, container, or receptacle whenever a copy or description thereof shall have been filed and recorded in the office of the Department of Agriculture and Consumer Services as herein provided for, shall, in any court and in any proceedings in this state, be prima facie evidence of the ownership of such boxes, pallets, crates, containers, or receptacles by the person in whose name such mark or brand may have been recorded, provided such mark or brand shall have been recorded with the Department of Agriculture and Consumer Services as herein provided and shall bear the registered number herein provided for.

History.--s. 1, ch. 16018, 1933; s. 1, ch. 16859, 1935; CGL 1936 Supp. 7087(1), (13); s. 1, ch. 67-18; ss. 14, 35, ch. 69-106; s. 1, ch. 72-47; s. 654, ch. 97-103.

506.20  Filing and recording of marks and brands on field boxes.--Any person desiring to avail herself or himself of the benefits of ss. 506.19-506.28, may make application to the Department of Agriculture and Consumer Services and shall file with such department a true copy and description of such identifying mark or brand, which, if entitled thereto under the provisions of ss. 506.19-506.28, shall be filed and recorded by such department in a book to be provided and kept by it for that purpose, and the name of the owner of such brand or mark shall be likewise entered into such record, and such department shall then assign or designate a permanent registered number to the owner of such brand or mark, said number to be assigned progressively as marks and brands are received and recorded, and the registered number so assigned shall then become a part of the registered brand or mark and shall plainly and distinctly be made to appear on such field boxes, pallets, crates, receptacles and containers, together with the identifying mark or brand referred to in s. 506.19 hereof. The department shall determine if such brand or mark so applied for is not a duplication of any brand or mark previously recorded by or with it, or does not so closely resemble the same as to be misleading or deceiving. If the brand or mark applied for does so resemble or is such a duplication of previously recorded brands or marks as to be misleading or deceiving, the application shall be denied and the applicant may file some other brand or mark in the manner described above. The books and records previously kept by the Secretary of State shall be transferred to the Commissioner of Agriculture upon the effective date of this act.

History.--s. 2, ch. 16018, 1933; s. 2, ch. 16859, 1935; CGL 1936 Supp. 7087(2), (14); s. 1, ch. 67-18; ss. 14, 35, ch. 69-106; s. 1, ch. 72-47; s. 655, ch. 97-103.

506.21  Filing fee; issuance of certificate of recordation.--The application for filing and recording shall be accompanied by a fee of $2 and thereupon, if consistent with the provisions of s. 506.20 the Department of Agriculture and Consumer Services shall issue to the person applying for registration and recordation of such mark or brand a certificate of such recordation and of the register number assigned thereto and thereafter it shall issue such certificates, in any number, to any person applying therefor, upon the payment of a fee of $1 for each certificate so issued, and such certificate shall, in all proceedings in all of the courts of this state be taken as proof of the adoption and recordation of such identifying mark or brand.

History.--s. 3, ch. 16018, 1933; s. 3, ch. 16859, 1935; CGL 1936 Supp. 7087(3), (15); s. 1, ch. 67-18; ss. 14, 35, ch. 69-106.

506.22  Transfer, release, or sale of registered mark or brand.--The owner of any such registered mark or brand may transfer, release, or sell the same by an instrument in writing evidencing such transfer, release, or sale, and upon application to the Department of Agriculture and Consumer Services where such mark or brand is registered for the recordation of such instrument in writing, and upon the filing of the same with such department and the payment of a fee of $2 the department shall cause such instrument or transfer, release, or sale to be placed on record in a book provided and kept by it for that purpose, and certificates of such transfer, upon application therefor, shall be issued by it in like manner, upon the payment of like fees, as provided for the issuance of certificates under the provisions of s. 506.21.

History.--s. 4, ch. 16018, 1933; s. 4, ch. 16859, 1935; CGL 1936 Supp. 7087(4), (16); s. 1, ch. 67-18; ss. 14, 35, ch. 69-106.

506.23  Application of law.--The provisions of ss. 506.19-506.28 shall not be construed to apply when fruits, vegetables, or their byproducts, are wrapped or packed in such accepted or prescribed standard containers as are prescribed and designated by the National Institute of Standards and Technology and are used only as receptacles or containers for fruits, vegetables, or their byproducts when offered for transportation or sale only.

History.--s. 10, ch. 16018, 1933; s. 10, ch. 16859, 1935; CGL 1936 Supp. 7087(5), (17); s. 5, ch. 90-320.

506.24  Unauthorized possession of field boxes or other specified containers; penalty.--

(1)  Any person who shall have in his or her unauthorized possession any field box, pallet, crate, receptacle, or container marked or branded with any mark or brand registered under the provisions of ss. 506.19-506.28, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2)  The possession by any person of any field box, pallet, crate, container, or receptacle so marked or branded, in the absence of written authority therefor, shall be prima facie evidence of the violation of the provisions of this section. However, the owner of such recorded or registered mark or brand may, in writing, authorize and designate any person to use or have in his or her possession any such field boxes, pallets, crates, containers, or receptacles.

History.--s. 5, ch. 16018, 1933; s. 5, ch. 16019, 1933; s. 5, ch. 16859, 1935; CGL 1936 Supp. 7433(3), (8), (16); s. 468, ch. 71-136; s. 1, ch. 72-47; s. 656, ch. 97-103.

506.25  Alteration or obliteration of marks or brands on field boxes or other specified containers.--If any person shall alter, change, remove or obliterate the registered mark or brand on any field box, pallet, crate, container, or receptacle other than his or her own or shall cause or procure the same to be done, with intent to claim the same, or to prevent identification thereof by the true owner, or use or have in his or her possession, any such field box, pallet, crate, container, or receptacle on which the registered mark or brand has been altered, changed, removed or obliterated, such person shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 6, ch. 16018, 1933; s. 6, ch. 16019, 1933; s. 6, ch. 16859, 1935; CGL 1936 Supp. 7433(4), (9), (17); s. 469, ch. 71-136; s. 1, ch. 72-47; s. 657, ch. 97-103.

506.26  Purchase of marked field boxes or other specified containers from one other than owner.--It is unlawful for any person to receive or to purchase any field box, pallet, crate, container, or receptacle marked or branded with registered mark or brand as herein provided, from any person other than the registered owner thereof or her or his duly authorized agent, and proof of such receipt or purchase shall be prima facie evidence in any court of this state that such receiver or purchaser received or purchased the same with knowledge that it was stolen or embezzled property, and upon conviction thereof, such receiver or purchaser shall be punished as for receiving stolen or embezzled property.

History.--s. 7, ch. 16018, 1933; s. 7, ch. 16019, 1933; s. 7, ch. 16859, 1935; CGL 1936 Supp. 7433(5), (10), (18); s. 1, ch. 72-47; s. 658, ch. 97-103.

506.27  Refusal to deliver marked field boxes or other specified containers to owner upon demand.--The refusal of any person in possession thereof to deliver any field box, pallet, crate, container, or receptacle so marked or branded and registered as herein provided, to the registered owner of the same or his or her duly authorized agent, upon the demand of such registered owner or authorized agent, when said demand is accompanied with a display of the certificate of recordation and number of the same, as furnished to the registered owner by the Department of Agriculture and Consumer Services, shall be prima facie evidence in any court of this state of a fraudulent intent to convert said field box, pallet, crate, container, or receptacle to the use of the person or persons, so in possession of the same, and to deprive the registered owner thereof, and any person convicted of a violation shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 8, ch. 16018, 1933; s. 8, ch. 16019, 1933; s. 8, ch. 16859, 1935; CGL 1936 Supp. 7433(6), (11), (19); s. 1, ch. 67-18; ss. 14, 35, ch. 69-106; s. 470, ch. 71-136; s. 1, ch. 72-47; s. 659, ch. 97-103.

506.28  Sending marked field boxes or other specified containers out of state; penalty.--Any person who shall take or send out of the state, or cause to be taken or sent out of the state, any field box, pallet, crate, container, or receptacle so registered or branded as herein provided without the permission of the owner thereof shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 9, ch. 16018, 1933; s. 9, ch. 16019, 1933; s. 9, ch. 16859, 1935; CGL 1936 Supp. 7433(7), (12), (20); s. 471, ch. 71-136; s. 1, ch. 72-47.

506.501  Carts, Cases, Baskets, Boxes, and Containers Act; short title.--Sections 506.501-506.519 shall be known and may be cited as the "Carts, Cases, Baskets, Boxes, and Containers Act."

History.--s. 1, ch. 83-262; s. 1, ch. 87-80.

506.502  Definitions.--For the purposes of ss. 506.501-506.519, the term:

(1)  "Bakery container" means any permanent type of container which is used by a bakery, distributor, retailer, or food service establishment or the agent of any of them as a means to transport, store, or carry bakery products.

(2)  "Dairy case" means a wire or plastic container which holds 16 quarts or more of beverage and is used by a distributor, retailer, or its agent as a means to transport, store, or carry dairy products.

(3)  "Department" means the Department of State.

(4)  "Egg basket" means any permanent type of container which contains four dozen or more shell eggs and is used by a distributor, retailer, or its agent as a means to transport, store, or carry eggs.

(5)  "Laundry cart" means a basket which is mounted on wheels and used in a coin-operated laundry or drycleaning establishment by a customer or an attendant for the purpose of transporting laundry and laundry supplies.

(6)  "Name or mark" means any permanently affixed or permanently stamped name or mark which has been registered with the Department of State pursuant to s. 506.503 and is used for the purpose of identifying the registered owner of dairy cases, egg baskets, poultry boxes, or bakery containers.

(7)  "Parking area" means a lot or other property provided by a retail establishment for the use of customers to park automobiles or other vehicles while doing business in that establishment.

(8)  "Poultry box" means any permanent type of container which is used by a processor, distributor, retailer, food service establishment, or its agent as a means to transport, store, or carry poultry.

(9)  "Registered owner" means any person, firm, corporation, or association registered with the department as the owner of an identifying name or mark described in subsection (6).

(10)  "Shopping cart" means a basket mounted on wheels or a similar device which is generally used in a retail establishment by a customer for the purpose of transporting goods of any kind.

History.--s. 1, ch. 83-262; s. 2, ch. 87-80.

506.503  Shopping carts, laundry carts, dairy cases, egg baskets, poultry boxes, and bakery containers; registration.--Any person, firm, corporation, or association owning shopping carts, laundry carts, dairy cases, egg baskets, poultry boxes, or bakery containers may register with the Department of State a description of the name or mark affixed or stamped on such carts, cases, baskets, boxes, or containers for identification purposes. If the department determines that the name or mark is not a duplication of any name or mark previously recorded in its files and does not so closely resemble any other recorded name or mark as to be misleading or deceiving, it shall register and record such name or mark in a file to be provided and kept by the department for that purpose, along with the name and address of the registered owner of the name or mark. If the department determines that the name or mark so applied for is a duplication of any name or mark previously recorded by the department, or so closely resembles the previously recorded name or mark as to be misleading or deceiving, the application shall be denied; and the applicant may register some other name or mark in the manner described in this section.

History.--s. 1, ch. 83-262; s. 89, ch. 85-81; s. 3, ch. 87-80.

506.505  Egg baskets; designation of owner.--Any person, firm, corporation, or association engaged in receiving, packing, handling, or selling eggs in permanent baskets which contain four dozen or more shell eggs may, in order to designate the ownership of such baskets or distinguish such baskets from other similar baskets, adopt, own, and use any name or mark and permanently affix or stamp such name or mark on any egg basket, except cardboard, fiberboard, or corrugated containers, which egg basket is owned by such person, firm, corporation, or association.

History.--s. 1, ch. 83-262.

506.506  Poultry boxes; designation of owners.--Any person, firm, corporation, or association engaged in receiving, packing, handling, or selling poultry in permanent boxes may, in order to designate the ownership of such boxes or distinguish such boxes from other similar boxes, adopt, own, and use any name or mark and permanently affix or stamp such name or mark on any poultry box, except cardboard, fiberboard, or wood containers, which poultry box is owned by such person, firm, corporation, or association.

History.--s. 1, ch. 83-262.

506.507  Bakery containers; designation of owners.--Any person, firm, corporation, or association engaged in receiving, packing, handling, or selling bakery products in permanent containers may, in order to designate the ownership of such containers or distinguish such containers from other similar containers, adopt, own, and use any name or mark and permanently affix such name or mark on any bakery container it owns, except a cardboard, fiberboard, or corrugated container.

History.--s. 4, ch. 87-80.

506.508  Illegal use of dairy cases, egg baskets, poultry boxes, or bakery containers.--No person, firm, corporation, or association shall use for any purpose any container which is identified with or by any name or mark registered with the department as provided in s. 506.503 unless such person is the registered owner of the name or mark. No person, firm, corporation, or association shall deface, obliterate, destroy, cover up, or otherwise remove or conceal any such name or mark without the written consent of the registered owner.

History.--s. 1, ch. 83-262; s. 5, ch. 87-80.

506.509  Possession of shopping carts, laundry carts, dairy cases, egg baskets, poultry boxes, or bakery containers.--Any person who is in possession of any shopping cart, laundry cart, dairy case, egg basket, poultry box, or bakery container with a registered name or mark shall be presumed to be in possession of stolen property and is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082.

History.--s. 1, ch. 83-262; s. 6, ch. 87-80.

506.511  Transportation of dairy cases, egg baskets, poultry boxes, or bakery containers; bill of lading.--It is unlawful for any common carrier or private carrier for hire, except those carriers engaged in the transporting of dairy products, eggs, poultry, or bakery products to and from farms or bakeries where produced, to receive or transport any container marked with a registered name or mark unless such carrier has in his or her possession a bill of lading or invoice therefor.

History.--s. 1, ch. 83-262; s. 90, ch. 85-81; s. 7, ch. 87-80; s. 670, ch. 97-103.

506.513  Illegal use of shopping carts and laundry carts.--It is a violation of ss. 506.501-506.519:

(1)  To remove any shopping cart or laundry cart from the premises or parking area of a retail establishment with intent to deprive temporarily or permanently the owner of such cart, or the retailer, of possession of the cart.

(2)  To remove a shopping cart or laundry cart, without written authorization, from its owner or from the premises or parking area of any retail establishment.

(3)  To remove, obliterate, or alter any serial number or sign affixed to a shopping cart or laundry cart.

History.--s. 1, ch. 83-262.

506.5131  Return of shopping carts; assessment of fees, fines, and costs.--

(1)  The rightful owner of any shopping cart with a registered name or mark found on public property shall be immediately notified of its recovery.

(2)  Notwithstanding any other provision of law or local ordinance, no fee, fine, or costs may be assessed against the owner of a shopping cart found on public property, unless the shopping cart was removed from the premises or parking area of a retail establishment by the owner of the shopping cart, or an employee acting on the owner's behalf, and such fee, fine, or cost has been approved by the Department of Agriculture and Consumer Services.

History.--s. 12, ch. 98-396.

506.514  Unlawful removal of dairy cases.--It is a violation of ss. 506.501-506.519 for any person not in lawful possession of a dairy case to remove a dairy case from the premises, the parking area, or any other area of any retail establishment, or from any dairy delivery vehicle, if:

(1)  The dairy case is marked on at least two sides with a registered name or mark; and

(2)  A notice to the public, warning that use by any person other than the registered owner is punishable by law, is visibly displayed on the dairy case.

History.--s. 1, ch. 83-262.

506.515  Unlawful removal of egg baskets, poultry boxes, or bakery containers.--It is a violation of ss. 506.501-506.519 for any person not in lawful possession of an egg basket, poultry box, or bakery container to remove such egg basket, poultry box, or bakery container from the premises, the parking area, or any other area of any processor, bakery, distributor, retailer, or food service establishment.

History.--s. 1, ch. 83-262; s. 8, ch. 87-80.

506.517  Deposits.--The requiring, taking, or accepting of any deposit upon delivery of any shopping cart, laundry cart, dairy case, egg basket, poultry box, or bakery container shall not be deemed a sale thereof, optional or otherwise.

History.--s. 1, ch. 83-262; s. 9, ch. 87-80.

506.518  Penalty.--Any person who violates any of the provisions of ss. 506.501-506.519 is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 1, ch. 83-262; s. 10, ch. 87-80; s. 126, ch. 91-224.

506.519  Scope of ss. 506.501-506.519.--

(1)  Sections 506.501-506.519 do not apply to the owner of a shopping cart, laundry cart, dairy case, egg basket, poultry box, or bakery container; to a retailer; to the agents or employees of such owner or retailer; or to a customer who has written consent from the owner of a shopping cart, laundry cart, dairy case, egg basket, poultry box, or bakery container, or from a retailer, to possess such cart, case, basket, box, or container or remove it from the premises or the parking area of the retail establishment.

(2)  The provisions of ss. 506.501-506.519 are intended to be supplemental to the other provisions of this chapter and any other provisions of law governing the subject matter of ss. 506.501-506.519.

History.--s. 1, ch. 83-262; s. 11, ch. 87-80; s. 4, ch. 2000-272.