Senate Bill 1996

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



    Florida Senate - 1999                                  SB 1996

    By Senator Cowin





    11-1131-99

  1                      A bill to be entitled

  2         An act relating to agricultural products;

  3         amending s. 570.55, F.S.; defining the term

  4         "tropical or subtropical fruit" to include Saw

  5         Palmetto; amending s. 604.22, F.S.; requiring

  6         certain agricultural product transporters to

  7         keep certain records; amending s. 812.014,

  8         F.S.; providing penalties for the theft of Saw

  9         Palmetto berries; providing an effective date.

10

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

12

13         Section 1.  Paragraph (h) of subsection (3) of section

14  570.55, Florida Statutes, 1998 Supplement, is amended to read:

15         570.55  Identification of sellers or handlers of

16  tropical or subtropical fruit and vegetables; containers

17  specified; penalties.--

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

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

20  bananas, calamondins, carambolas, guavas, kumquats, limes,

21  longans, loquats, lychees, mameys, mangoes, papayas, passion

22  fruit, sapodillas, Saw Palmetto (Serenoa repens), and fruit

23  that must be grown in tropical or semitropical regions, except

24  citrus fruit as defined in s. 601.03(7).

25         Section 2.  Section 604.22, Florida Statutes, is

26  amended to read:

27         604.22  Dealers and transporters to keep records;

28  contents.--

29         (1)  Each licensee, while acting as agent for a

30  producer, shall make and preserve for at least 1 year a record

31  of each transaction, specifying the name and address of the

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    Florida Senate - 1999                                  SB 1996
    11-1131-99




  1  producer for whom she or he acts as agent; the date of

  2  receipt; the kind, quality, and quantity of agricultural

  3  products received; the name and address of the purchaser of

  4  each package of agricultural products; the price for which

  5  each package was sold; the amount and explanation of any

  6  adjustments given; and the net amount due from each purchaser.

  7  An account of sales shall be furnished each producer within 48

  8  hours after the sale of such agricultural products. Such

  9  account of sales shall clearly show the sale price of each lot

10  of agricultural products sold; all adjustments to the original

11  price, along with an explanation of such adjustments; and an

12  itemized showing of all marketing costs deducted by the

13  licensee, along with the net amount due the producer.  The

14  licensee shall make the payment to the producer within 5 days

15  of the licensee's receipt of payment.

16         (2)(a)  The provisions of s. 604.16(2), (3), and (4)

17  notwithstanding, any person, except a person described in s.

18  604.16(1), who purchases, possesses and offers for sale

19  agricultural products or who transports such products is

20  required to possess and display, upon the request of any

21  department representative or state, county, or local law

22  enforcement officer, an invoice, bill of sale, manifest, or

23  other written document showing the date of sale, the name and

24  address of the seller, and the kind and quantity of products

25  for all such agricultural products.

26         (b)  Any person who violates the provisions of this

27  subsection is guilty of a misdemeanor of the second degree,

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

29         Section 3.  Paragraph (c) of subsection (2) of section

30  812.014, Florida Statutes, is amended to read:

31         812.014  Theft.--

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    Florida Senate - 1999                                  SB 1996
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  1         (2)

  2         (c)  It is grand theft of the third degree and a felony

  3  of the third degree, punishable as provided in s. 775.082, s.

  4  775.083, or s. 775.084, if the property stolen is:

  5         1.  Valued at $300 or more, but less than $5,000.

  6         2.  Valued at $5,000 or more, but less than $10,000.

  7         3.  Valued at $10,000 or more, but less than $20,000.

  8         4.  A will, codicil, or other testamentary instrument.

  9         5.  A firearm.

10         6.  A motor vehicle, except as provided in subparagraph

11  (2)(a).

12         7.  Any commercially farmed animal, including any

13  animal of the equine, bovine, or swine class, or other grazing

14  animal, and including aquaculture species raised at a

15  certified aquaculture facility.  If the property stolen is

16  aquaculture species raised at a certified aquaculture

17  facility, then a $10,000 fine shall be imposed.

18         8.  Any fire extinguisher.

19         9.  Any amount of citrus fruit consisting of 2,000 or

20  more individual pieces of fruit.

21         10.  Taken from a designated construction site

22  identified by the posting of a sign as provided for in s.

23  810.09(2)(d).

24         11.  An amount of Saw Palmetto berries (Serenoa repens)

25  weighing 100 pounds or more.

26         Section 4.  This act shall take effect July 1, 1999.

27

28            *****************************************

29                          SENATE SUMMARY

30    Provides that the Saw Palmetto is a tropical or
      subtropical fruit and provides penalties for theft of
31    such fruit. Requires certain transporters of agricultural
      products to keep certain records.
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