House Bill 3693

CODING: Words stricken are deletions; words underlined are additions.







    Florida House of Representatives - 1998                HB 3693

        By Representatives Heyman, Bronson, Spratt, D. Prewitt,
    Wasserman Schultz and Cosgrove





  1                      A bill to be entitled

  2         An act relating to agricultural sales; amending

  3         s. 570.55, F.S.; revising the "Florida Avocado,

  4         Mango, Lime, and Tomato Sales Law" to the

  5         "Florida Tropical or Subtropical Fruit and

  6         Vegetables Sales Law"; revising provisions to

  7         apply to tropical or subtropical fruit and

  8         vegetables; prescribing use of certain

  9         containers in shipping or distribution;

10         providing an exception; providing penalties;

11         amending s. 603.161, F.S.; revising a

12         definition; increasing a penalty; providing an

13         effective date.

14

15  Be It Enacted by the Legislature of the State of Florida:

16

17         Section 1.  Section 570.55, Florida Statutes, is

18  amended to read:

19         570.55  Identification of sellers or handlers of

20  tropical or subtropical fruit and vegetables avocados,

21  mangoes, limes, or tomatoes; containers specified;

22  penalties.--

23         (1)  SHORT TITLE.--This section may be known and cited

24  as the "Florida Tropical or Subtropical Fruit and Vegetables

25  Avocado, Mango, Lime, and Tomato Sales Law."

26         (2)  ENFORCEMENT AGENCY.--This section shall be

27  administered by the Office of Agricultural Law Enforcement and

28  may be enforced by any law enforcement officer as defined in

29  chapter 943.

30         (3)  DEFINITIONS.--As used in this section:

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  1         (a)  "Avocados" means all varieties and types of

  2  avocados, Persea americana.

  3         (a)(b)  "Department" means the Department of

  4  Agriculture and Consumer Services.

  5         (b)(c)  "Distribute" means to engage in the business of

  6  selling, marketing, or distributing, in the primary channel of

  7  trade, tropical or subtropical fruit or vegetables avocados,

  8  mangoes, limes, or tomatoes produced, purchased, or acquired

  9  from a producer, or being marketed on behalf of a producer,

10  whether by the owner, agent, employee, broker, or otherwise,

11  but shall not include such activity by a person engaged in the

12  business of retailing.

13         (c)(d)  "Handle" means to produce, distribute, retail,

14  or transport tropical or subtropical fruit or vegetables

15  avocados, mangoes, limes, or tomatoes in the primary channel

16  of trade.

17         (d)(e)  "Handler" means any person engaged in growing,

18  distributing, retailing, or transporting tropical or

19  subtropical fruit or vegetables avocados, mangoes, limes, or

20  tomatoes in the primary channel of trade.

21         (e)(f)  "Inspector" means an inspector or agent of the

22  department.

23         (g)  "Limes" means all varieties and types of limes,

24  Citrus aurantifolia or Citrus latifolia.

25         (h)  "Mangoes" means all varieties of mangoes,

26  Mangifera indica.

27         (f)(i)  "Primary channel of trade" means that period of

28  time when tropical or subtropical fruit or vegetables

29  avocados, mangoes, limes, or tomatoes are cut, gathered from

30  the ground, or otherwise harvested for commercial purposes.

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    Florida House of Representatives - 1998                HB 3693

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  1  However, these commodities shall cease to be in the "primary

  2  channel of trade" if and when they leave intrastate commerce.

  3         (g)(j)  "Retail" means to engage in the business of

  4  purchasing or acquiring tropical or subtropical fruit or

  5  vegetables avocados, mangoes, limes, or tomatoes for resale at

  6  retail to the general public, but does not include such

  7  activity by a person engaged in the business of distributing.

  8         (k)  "Tomatoes" means all varieties of the edible

  9  fruit, Lycopersicon esculentum.

10         (h)  "Tropical or subtropical fruit" means avocados,

11  bananas, calamondins, carambolas, guavas, kumquats, limes,

12  longans, loquats, lychees, mameys, mangoes, papayas,

13  passionfruit, sapodillas, and fruit that must be grown in

14  tropical or semitropical regions.

15         (i)  "Vegetables" means tomatoes, peppers, squash,

16  cucumbers, leafy greens, green beans, eggplant, corn, and

17  cabbage.

18         (4)  IDENTIFICATION OF HANDLER.--At the time of each

19  transaction involving the handling or sale of 55 pounds or

20  more of tropical or subtropical fruit or vegetables avocados,

21  mangoes, limes, or tomatoes in the primary channel of trade,

22  the buyer or receiver of the tropical or subtropical fruit or

23  vegetables avocados, mangoes, limes, or tomatoes shall demand

24  a bill of sale, invoice, sales memorandum, or other document

25  listing the date of the transaction, the quantity of the

26  tropical or subtropical fruit or vegetables avocados, mangoes,

27  limes, or tomatoes involved in the transaction, and the

28  identification of the seller or handler as it appears on the

29  driver's license of the seller or handler, including the

30  driver's license number.  If the seller or handler does not

31  possess a driver's license, the buyer or receiver shall use

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  1  any other acceptable means of identification, i.e., voter's

  2  registration card and number, draft card, social security

  3  card, or other identification.  However, no less than two

  4  identification documents shall be used.  The identification of

  5  the seller or handler shall be recorded on the bill of sale,

  6  sales memorandum, invoice, or voucher, which shall be retained

  7  by the buyer or receiver for a period of not less than 1 year

  8  from the date of the transaction.

  9         (5)  Each person engaged in the business of packing or

10  shipping tropical or subtropical fruit or vegetables for

11  resale or distribution, except growers or grower's agents

12  transporting their own tropical or subtropical fruit or

13  vegetables, shall accept such fruit or vegetables delivered

14  only in a standard industry field container.

15         (6)(5)  CONFISCATION.--When any person is in violation

16  of subsection (4) or subsection (5), an inspector or any law

17  enforcement officer as defined in chapter 943 shall confiscate

18  any and all tropical or subtropical fruit or vegetables

19  avocados, mangoes, limes, or tomatoes in the possession of

20  that person.

21         (7)(6)  PENALTY.--In addition to confiscation of

22  tropical or subtropical fruit or vegetables avocados, mangoes,

23  limes, or tomatoes as provided in subsection (6) (5), whoever

24  knowingly, willfully, and intentionally violates the

25  provisions of subsection (4) or subsection (5) commits shall

26  be guilty of a misdemeanor of the first second degree,

27  punishable as provided in s. 775.082 or s. 775.083.

28         Section 2.  Subsections (1) and (5) of section 603.161,

29  Florida Statutes, are amended to read:

30         603.161  Sales certificates, work orders to accompany

31  certain fruit.--

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    Florida House of Representatives - 1998                HB 3693

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  1         (1)  This section applies to tropical or semitropical

  2  fruit. "Tropical or semitropical fruit" means avocados,

  3  bananas, calamondins, carambolas, guavas, kumquats, limes,

  4  longans, loquats, lychees, mameys, mangoes, papayas,

  5  passionfruit, sapodillas and fruit that must be grown in

  6  tropical or semitropical regions.

  7         (5)  Violation of the provisions of this section shall

  8  constitute a misdemeanor of the first second degree,

  9  punishable as provided in s. 775.082 or s. 775.083.

10         Section 3.  This act shall take effect October 1 of the

11  year in which enacted.

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14                          HOUSE SUMMARY

15
      Changes the "Florida Avocado, Mango, Lime, and Tomato
16    Sales Law" to the "Florida Tropical or Subtropical Fruit
      and Vegetables Sales Law" and revises provisions to apply
17    to tropical or subtropical fruit and vegetables.
      Prescribes standard industry field containers in
18    accepting tropical or subtropical fruit or vegetables for
      shipping or distribution. Exempts growers and grower's
19    agents transporting their own tropical or subtropical
      fruit or vegetables. Includes carambolas, longans,
20    mameys, and passionfruit as tropical or subtropical
      fruit. Increases second degree misdemeanor penalties to
21    first degree misdemeanors for specified violations. See
      bill for details.
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