HB 1231

1
A bill to be entitled
2An act relating to dealers in agricultural products;
3amending s. 604.15, F.S.; revising definitions; expanding
4the list of products covered by the law; defining the
5terms "negotiating broker" and "producer's agent";
6amending s. 604.16, F.S.; revising exceptions to
7provisions regulating dealers; amending s. 604.18, F.S.,
8relating to applications for dealer licensure; requiring
9dealers to provide mailing and location address
10information; requiring dealers to provide certain
11information relating to the dollar amount of business done
12or to be done; amending s. 604.19, F.S.; providing
13requirements relating to cancellation of a bond or
14certificate of deposit; increasing license fees and
15delinquent renewal penalties; amending s. 604.20, F.S.;
16providing a calculation for the amount of a bond or
17certificate of deposit; adding requirements relating to
18bond or certificate of deposit assignment or agreement;
19authorizing the Department of Agriculture and Consumer
20Services to issue a conditional license under certain
21conditions; amending s. 604.21, F.S.; increasing the
22minimum claim amount and requiring a complaint filing fee;
23providing requirements for submission of a complaint and
24payment for multiple claims; authorizing a dealer in
25agricultural products to file a complaint against another
26dealer in agricultural products; limiting the time a
27complaint may be held in abeyance; authorizing review of a
28final order; clarifying distribution of bond or
29certificate of deposit proceeds; amending s. 604.22, F.S.;
30revising recordkeeping requirements of licensees;
31clarifying application of provisions; amending ss. 604.23
32and 604.25, F.S.; clarifying application of provisions;
33amending s. 604.30, F.S.; clarifying that a violator of
34provisions regulating dealers in agricultural products may
35be a person, partnership, corporation, or other business
36entity; increasing the maximum administrative fine and the
37fine for continued violation of an administrative order;
38providing an effective date.
39
40Be It Enacted by the Legislature of the State of Florida:
41
42     Section 1.  Section 604.15, Florida Statutes, is amended to
43read:
44     604.15  Dealers in agricultural products; definitions.--For
45the purpose of ss. 604.15-604.34, the following words and terms,
46when used, shall be construed to mean:
47     (1)(3)  "Agricultural products" means the natural products
48of the farm, nursery, grove, orchard, vineyard, garden, and
49apiary (raw or manufactured); sod; tropical foliage;
50horticulture; hay; livestock; milk and milk products; poultry
51and poultry products; the fruit of the saw palmetto (meaning the
52fruit of the Serenoa repens); and limes (meaning the fruit
53Citrus aurantifolia, variety Persian, Tahiti, Bearss, or Florida
54Key limes); and any other nonexempt agricultural products
55produced in the state, except tobacco, tropical foliage,
56sugarcane, timber and timber by-products, forest products as
57defined in s. 591.17, and citrus other than limes.
58     (2)(1)  "Dealer in agricultural products" means any person,
59partnership, corporation, or other business entity, whether
60itinerant or domiciled within this state, engaged within this
61state in the business of purchasing, receiving, or soliciting
62agricultural products from the producer or the producer's her or
63his agent or representative for resale or processing for sale;
64acting as an agent for such producer in the sale of agricultural
65products for the account of the producer on a net return basis;
66or acting as a negotiating broker between the producer or the
67producer's her or his agent or representative and the buyer.
68     (3)(6)  "Delivery ticket" means a document provided to a
69grain producer by a grain dealer in conjunction with the
70delivery of grain to the grain dealer.
71     (4)(2)  "Department" means the Department of Agriculture
72and Consumer Services.
73     (5)(7)  "Grain" means any food or feed grains, which
74include, but are not limited to, soybeans, corn, wheat, oats,
75and rye.
76     (6)(8)  "Grain dealer" means any person engaged in this
77state in:
78     (a)  Buying, receiving, selling, exchanging, negotiating,
79or processing for resale, or soliciting the sale, resale,
80exchange, or transfer of, grain purchased from the producer or
81the producer's her or his agent or representative or received
82from the producer to be handled on a net return basis; or
83     (b)  Receiving grain for storage.
84     (7)  "Negotiating broker" means any person in the state
85engaged in the business of negotiating sales and purchases of
86agricultural products with a dealer in agricultural products for
87or on behalf of the producer or the producer's agent or
88representative. The negotiating broker never takes title to the
89agricultural product involved in the sale or purchase or handles
90the proceeds therefrom.
91     (8)(4)  "Net return basis" means the sale of agricultural
92products for the account of a producer person, other than the
93seller, wherein the seller acts as the agent for the producer
94owner and pays the producer owner of such products the net
95proceeds after subtracting all authorized and allowable
96deductions.
97     (9)(5)  "Producer" means any grower producer of
98agricultural products produced in the state.
99     (10)  "Producer's agent" means the seller of agricultural
100products for the account of a producer or group of producers on
101a net return basis, wherein the producer's agent acts as the
102agent for the producer or group of producers and pays the
103producer of such products all of the net proceeds after
104subtracting all authorized and allowable deductions. Allowable
105deductions may include, but are not limited to: packing charges,
106shipping charges, boxes, crates, billing, commission fees,
107cooling charges, pallets, and other deductible charges or fees
108agreed upon by the producer and producer's agent.
109     Section 2.  Subsections (2) and (4) of section 604.16,
110Florida Statutes, are amended to read:
111     604.16  Exceptions to provisions of ss. 604.15-
112604.34.--Except for s. 604.22(2), the provisions of ss. 604.15-
113604.15-604.34 do not apply to:
114     (2)  A dealer in agricultural products All persons who pays
115buy for cash and pay at the time of purchase with United States
116cash currency or a cash equivalent, such as a money order,
117cashier's check, wire transfer, electronic funds transfer, or
118debit card.
119     (4)  Dealers who operate exclusively on a retail basis and
120who purchase less than $1,000 worth of agricultural products
121from Florida producers or their agents or representatives during
122the peak month of such purchases within the calendar year.
123     Section 3.  Section 604.18, Florida Statutes, is amended to
124read:
125     604.18  Application; form; contents.--Every dealer in
126agricultural products, desiring to transact business within the
127state directly with a Florida producer, a producer's agent or
128representative, or a negotiating broker, shall, prior to
129transacting any business as such, file an application for such
130license with the department. License shall be renewed annually
131on its anniversary date. The application shall be on a form
132furnished by the department and, together with such other
133information as the department shall require, shall state:
134     (1)  The kind or kinds of agricultural products the
135applicant proposes to handle.;
136     (2)  The full name or title of the person, partnership,
137corporation, or other business entity and applicant, or if the
138applicant be an association or copartnership, the name of each
139member of such association or copartnership, or if the applicant
140be a corporation, the name and mailing address of each owner,
141partner, officer, or managing agent. officer of the corporation;
142     (3)  The names of buyers or other local agents of the
143applicant, if any.;
144     (4)  The cities and towns within which places of business
145of the applicant will be located, together with the street or
146mailing address of each.; and
147     (5)  The federal employer's identification number of the
148applicant, if any.
149     (6)  The primary mailing address and physical address for
150each place of business. A dealer in agricultural products must
151have on file with the department the address of the dealer's
152primary place of business prior to engaging in business as a
153dealer in agricultural products in this state. Prior to changing
154the address of the primary place of business, the dealer must
155notify the department of the address of the new primary place of
156business. All documents relating to the provisions of ss.
157604.15-604.34 and chapter 120 shall be served to the last
158address of record; to a corporation's registered agent or the
159registered agent's substitute; in the absence of a registered
160agent, to an owner, officer, partner, employee, or managing
161agent of the business entity; or as designated by the applicant
162in the applicant's application.
163     (7)  The dollar amount of business done by a renewal
164applicant with Florida producers and their agents or
165representatives during the month in which the maximum dollar
166amount of agricultural products was purchased or handled as a
167dealer in agricultural products or the dollar amount of business
168estimated to be done by a first-time applicant with Florida
169producers and their agents or representatives during the month
170in which the estimated maximum dollar amount of agricultural
171products will be purchased or handled as a dealer in
172agricultural products.
173     Section 4.  Section 604.19, Florida Statutes, is amended to
174read:
175     604.19  License; fee; bond; certificate of deposit;
176penalty.--Unless the department refuses the application on one
177or more of the grounds provided in this section, it shall issue
178to an applicant, upon the payment of required proper fees and
179the execution and delivery of a bond or certificate of deposit
180as provided in this section, a state license entitling the
181applicant to conduct business as a dealer in agricultural
182products for a 1-year period to coincide with the effective
183period of the bond or certificate of deposit furnished by the
184applicant. During the 1-year period covered by a license, if the
185supporting surety bond or certificate of deposit is canceled for
186any reason, the license shall automatically expire on the date
187the surety bond or certificate of deposit terminates, unless an
188acceptable replacement is in effect before the date of
189termination so that continual coverage occurs for the remaining
190period of the license. A surety company shall give the
191department a 30-day written notice of cancellation by certified
192mail in order to cancel a bond. Cancellation of a bond or
193certificate of deposit shall not relieve a surety company or
194financial institution of liability for purchases or sales
195occurring while the bond or certificate of deposit was in
196effect. The license fee, which must be paid for the principal
197place of business for a dealer in agricultural products, shall
198be based upon the amount of the dealer's surety bond or
199certificate of deposit furnished by each dealer under the
200provisions of s. 604.20 and may not exceed $500 $300. For each
201additional place in which the applicant desires to conduct
202business and which the applicant names in the application, the
203additional license fee must be paid but may not exceed $100 $50
204annually. Should any dealer in agricultural products fail,
205refuse, or neglect to apply and qualify for the renewal of a
206license on or before the date of expiration thereof, a penalty
207not to exceed $100 $35 shall apply to and be added to the
208original license fee and shall be paid by the applicant before
209the renewal license may be issued. The department by rule shall
210prescribe fee amounts sufficient to fund ss. 604.15-604.34.
211     Section 5.  Section 604.20, Florida Statutes, is amended to
212read:
213     604.20  Bond or certificate of deposit prerequisite;
214amount; form.--
215     (1)  Before any license is issued, the applicant therefor
216shall make and deliver to the department a surety bond or
217certificate of deposit in the amount of at least $3,000 or in
218such greater amount as the department may determine, not
219exceeding the maximum amount of business done or estimated to be
220done in any month by the applicant. No bond or certificate of
221deposit may be in an amount less than $3,000. The penal sum of
222the bond or certificate of deposit to be furnished to the
223department by an applicant for license as a dealer in
224agricultural products shall be in an amount equal to twice the
225dollar amount of agricultural products handled for a Florida
226producer or a producer's agent or representative, by purchase or
227otherwise, during the month of maximum transaction in such
228products during the preceding 12-month period. An applicant for
229license who has not handled agricultural products for a Florida
230producer or a producer's agent or representative, by purchase or
231otherwise, during the preceding 12-month period shall furnish a
232bond or certificate of deposit in an amount equal to twice the
233estimated dollar amount of such agricultural products to be
234handled, by purchase or otherwise, during the month of maximum
235transaction during the next immediate 12 months. Such bond or
236certificate of deposit shall be provided or assigned in the
237exact name in which the dealer will conduct business subject to
238the provisions of ss. 604.15-604.34. Such bond must be executed
239by a surety company corporation authorized to transact business
240in the state. For the purposes of ss. 604.19-604.21, the term
241"certificate of deposit" means a certificate of deposit at any
242recognized financial institution doing business in the United
243States. No certificate of deposit may be accepted in connection
244with an application for a dealer's license unless the issuing
245institution is properly insured by either the Federal Deposit
246Insurance Corporation or the Federal Savings and Loan Insurance
247Corporation. Such bond or any certificate of deposit assignment
248or agreement shall be upon a form prescribed or approved by the
249department and shall be conditioned to secure the faithful
250accounting for and payment, in the manner prescribed by s.
251604.21(9), to producers or their agents or representatives of
252the proceeds of all agricultural products handled or purchased
253by such dealer and to secure payment to dealers who sell
254agricultural products to such dealer. Such bond or certificate
255of deposit assignment or agreement shall include terms binding
256the instrument to the Commissioner of Agriculture. A certificate
257of deposit shall be presented with an assignment of applicant's
258rights in the certificate in favor of the Commissioner of
259Agriculture on a form prescribed by the department and with a
260letter from the issuing institution acknowledging that the
261assignment has been properly recorded on the books of the
262issuing institution and will be honored by the issuing
263institution. Such assignment shall be irrevocable while the
264dealer's license is in effect and for an additional period of 6
265months after the termination or expiration of the dealer's
266license provided no complaint is pending against the licensee.
267If a complaint is pending, the assignment shall remain in effect
268until all actions on the complaint have been finalized. The
269certificate of deposit may be released by the assignee of the
270financial institution to the licensee or the licensee's
271successors, assignee, or heirs if no claims are pending against
272the licensee before the department at the conclusion of 6 months
273after the last effective date of the license. No certificate of
274deposit shall be accepted that contains any provision that would
275give the issuing institution any prior rights or claim on the
276proceeds or principal of such certificate of deposit. The
277department shall determine by rule the maximum amount of bond or
278certificate of deposit required of a dealer and whether an
279annual or continuous bond or certificate of deposit will be
280required.
281     (2)  The amount of such bond or certificate of deposit
282shall, upon the order of the department at any time, be
283increased, if in its discretion the department finds such
284increase to be warranted by the dollar amount volume of
285agricultural products being handled, by purchase or otherwise,
286by the licensee. In the same manner, the amount of such bond or
287certificate of deposit may be decreased when a decrease in the
288dollar amount volume of products handled, by purchase or
289otherwise, warrants such decrease. These provisions apply to any
290bond or certificate of deposit, regardless of the anniversary
291date of its issuance, expiration, cancellation, or renewal.
292     (3)  In order to effectuate the purposes of this section,
293the department or its agents may require from any applicant or
294licensee verified statements of the dollar amount volume of the
295applicant's or licensee's her or his business or may review the
296applicant's applicant or licensee's records at the applicant's
297or licensee's her or his place of business during normal
298business hours to determine the actual dollar amount of
299agricultural products handled, by purchase of otherwise for the
300purpose of determining her or his volume of business. The
301failure of a licensee to furnish such statement, to make such
302records available, or to make and deliver a new or additional
303bond or certificate of deposit shall be cause for suspension of
304the licensee's license. If the department finds such failure to
305be willful, the license may be revoked.
306     (4)  The department may issue a conditional license to an
307applicant who is unable to provide a single bond or certificate
308of deposit in the full amount required by the calculation in
309subsection (1). The conditional license shall remain in effect
310for a 1-year period to coincide with the effective period of the
311bond or certificate of deposit furnished by the applicant. The
312applicant must provide at least the minimum $3,000 bond or
313certificate of deposit as provided in subsection (1) together
314with one of the following:
315     (a)  A notarized affidavit limiting the handling of
316agricultural products, by purchase or otherwise, during their
317largest month to a minimum of one-half the amount of the bond or
318certificate of deposit provided by the applicant;
319     (b)  A notarized affidavit stating that any subject
320agricultural products, handled by purchase or otherwise,
321exceeding one-half of the amount of the bond or certificate of
322deposit will be handled under the exemption provisions set forth
323in s. 604.16(2); or
324     (c)  A second bond or certificate of deposit in such an
325amount that, when the penal sum of the second bond or
326certificate of deposit is added to the penal sum of the first
327bond or certificate of deposit, the combined penal sum will
328equal twice the dollar amount of agricultural products handled
329for a Florida producer or a producer's agent or representative,
330by purchase or otherwise, during the month of maximum
331transaction in such products during the preceding 12-month
332period.
333
334The department or its agents may require from any licensee who
335is issued a conditional license verified statements of the
336volume of the licensee's business or may review the licensee's
337records at the licensee's place of business during normal
338business hours to determine the licensee's adherence to the
339conditions of the license. The failure of a licensee to furnish
340such statement or to make such records available shall be cause
341for suspension of the licensee's conditional license. If the
342department finds such failure to be willful, the conditional
343license may be revoked.
344     Section 6.  Section 604.21, Florida Statutes, is amended to
345read:
346     604.21  Complaint; investigation; hearing.--
347     (1)(a)  Any person, partnership, corporation, or other
348business entity claiming herself or himself to be damaged by any
349breach of the conditions of a bond or certificate of deposit
350assignment or agreement given by a licensed dealer in
351agricultural products as hereinbefore provided may enter
352complaint thereof against the dealer and against the surety
353company, if any, to the department, which complaint shall be a
354written statement of the facts constituting the complaint. Such
355complaint shall include all agricultural products defined in s.
356604.15(1), as well as any additional charges necessary to
357effectuate the sale unless these additional charges are already
358included in the total delivered price. Such complaint shall be
359filed within 6 months from the date of sale in instances
360involving direct sales or from the date on which the
361agricultural product was received by the dealer in agricultural
362products, as agent, to be sold for the producer. No complaint
363shall be filed pursuant to this section unless the transactions
364involved total at least $500 $250 and occurred in a single
365license year. Before a complaint can be processed, the
366complainant must provide the department with a $50 filing fee.
367In the event the complainant is successful in proving the claim,
368the dealer in agricultural products shall reimburse the
369complainant for the $50 filing fee as part of the settlement of
370the claim.
371     (b)  To be considered timely filed, a complaint together
372with any required affidavits or notarizations must be received
373by the department within 6 months after the date of sale by
374electronic transmission, facsimile, regular mail, certified
375mail, or private delivery service. If the complaint is sent by a
376service other than electronic mail or facsimile, the mailing
377shall be postmarked or dated on or before the 6-month deadline
378to be accepted as timely filed.
379     (c)  When multiple claims exist by a producer, a producer's
380agent or representative, or a dealer and the combined
381adjudicated amounts exceed the total amount of any bond and
382certificate of deposit, sales occurring 120 or more days after
383the oldest sale stated in any complaint filed by the same
384producer, producer's agent or representative, or dealer shall
385not be considered for payment from the proceeds of the bond or
386certificate of deposit in the event that the surety company or
387financial institution is called on to make payment.
388     (d)  A person, partnership, corporation, or other business
389entity filing a complaint shall submit to the department the
390following documents: three completed complaint affidavits on a
391form provided by the department with an original signature of an
392owner, partner, general partner, or corporate officer and an
393original notarization on each affidavit. If the complaint is
394filed by electronic transmission or facsimile, the original
395affidavits and original notarizations shall be filed with the
396department not later than the close of business of the tenth
397business day following the electronic transmission or facsimile
398filing. Attached to each complaint affidavit shall be copies of
399all documents to support the complaint. Supporting documents may
400be copies of invoices, bills of lading, packing or shipping
401documents, demand letters, or any other documentation to support
402the claim. In cases in which there are multiple invoices being
403claimed, a summary list of all claimed invoices must accompany
404the complaint.
405     (e)  A dealer in agricultural products who is in compliance
406with ss. 604.15-604.34 may file a complaint with the department
407against another licensed dealer in agricultural products.
408However, payment from a bond or certificate of deposit to a
409dealer shall occur only after all claims of producers or
410producers' agents or representatives have been paid in full
411except as provided pursuant to paragraph (c).
412     (f)  Filing a complaint with the department does not
413constitute an election of remedies when the same or similar
414complaint is filed in another venue.
415     (g)  The surety company or financial institution shall be
416responsible for payment of properly established complaints filed
417against a dealer, notwithstanding the dealer's filing of a
418bankruptcy proceeding.
419     (2)  Upon the filing of such complaint in the manner herein
420provided, the department shall investigate the matters
421complained of; whereupon, if, in the opinion of the department,
422the facts contained in the complaint warrant such action, the
423department shall serve notice of the filing of complaint send to
424the dealer against whom the complaint has been filed at the last
425address of record in question, by certified mail, notice of the
426filing of the complaint. Such notice shall be accompanied by a
427true copy of the complaint. A copy of such notice and complaint
428shall also be served sent to the surety company, if any, that
429provided the bond for the dealer, which surety company shall
430become party to the action. Such notice of the complaint shall
431inform the dealer of a reasonable time within which to answer
432the complaint by advising the department in writing that the
433allegations in the complaint are admitted or denied or that the
434complaint has been satisfied. Such notice shall also inform the
435dealer and the surety company or financial institution, if any,
436of a right to a hearing on the complaint, if requested.
437     (3)  If the dealer files an answer admitting admits the
438allegations of the complaint and the department determines
439through inquiry of the complainant that the dealer has failed
440but fails to satisfy same within 21 days after receipt of the
441notice of the filing of a complaint by any party whose
442substantial interests are determined the time fixed by the
443department, the department shall thereupon order payment by the
444dealer of the amount found owed. In the event a party files a
445request that the complaint be held in abeyance pending a
446settlement agreement, the period of abeyance shall not exceed 6
447months and successive periods of abeyance shall not be granted.
448     (4)  If the dealer files an answer and , in her or his
449answer, denies the allegations of the complaint and waives a
450hearing, the department may order a hearing or enter an order
451based on the facts and circumstances set forth in the complaint
452and the respondent's answer thereto. If the department
453determines the complaint has not been established or fails to
454meet the provisions of this section, the order shall, among
455other things, dismiss the proceedings. If the department
456determines that the allegations of the complaint have been
457established, it shall enter its findings of fact accordingly and
458thereupon enter its order adjudicating the amount of
459indebtedness due to be paid by the dealer to the complainant.
460     (5)  Any order entered by the department pursuant to this
461section shall become final and effective on the date filed with
462the department's agency clerk 14 days after issue if neither the
463department nor a party whose material interest is affected by
464the order requests a hearing on the order within 14 days
465following the date of issue.
466     (6)  Any party whose substantial material interest is
467affected by a proceeding pursuant to this section shall be
468granted a hearing upon request as provided by chapter 120. Such
469hearing shall be conducted pursuant to chapter 120. The final
470order of the department, when issued pursuant to the recommended
471order of an administrative law judge, shall be final and
472effective on the date filed with the department's agency clerk.
473Any party to these proceedings adversely affected by the final
474order is entitled to seek review of the final order pursuant to
475s. 120.68 and the Florida Rules of Appellate Procedure. Should a
476complaint forwarded by the department to the Division of
477Administrative Hearings be settled prior to a hearing pursuant
478to chapter 120, the department shall issue a notice closing the
479complaint file upon receipt of the administrative law judge's
480order closing the complaint file, and the matter before the
481department shall be closed accordingly upon issuance.
482     (7)  Any indebtedness set forth in a departmental order
483against a dealer shall be paid by the dealer within 15 days
484after such order becomes final.
485     (8)  Upon the failure by a dealer to comply with an order
486of the department directing payment, the department shall, in
487instances involving bonds, call upon the surety company to pay
488over to the department out of the bond posted by the surety
489company for such dealer or, in instances involving certificates
490of deposit, call upon the financial institution issuing such
491certificate to pay over to the department out of the certificate
492under the conditions of the assignment or agreement, the amount
493called for in the order of the department, not exceeding the
494amount of the bond or the principal of the certificate of
495deposit. If the bond or the principal of the certificate of
496deposit is insufficient to pay in full the amount due each
497complainant as set forth in the order of the department, the
498department shall distribute the proceeds pro rata among such
499complainants. The proceeds from a bond or the principal from a
500certificate of deposit shall be paid directly to the department
501to be distributed by it to successful complainants, except the
502accrued interest on a certificate of deposit shall be paid to
503the dealer. Such funds shall be considered trust funds in the
504hands of the department for the exclusive purpose of satisfying
505duly established complaints. Payments made to the department
506pursuant to this section shall be considered payments made upon
507demand and may not be considered voluntary payments.
508     (9)  Payments from a surety company or proceeds from a
509certificate of deposit shall be paid first to the producer or
510the producer's agent or representative in the amount of the
511producer's claims in full if such proceeds are sufficient for
512such purpose and, if not, then in pro rata shares to such
513producer or producer's agent or representative. If additional
514proceeds exist in the hands of the department after all claims
515of a producer and a producer's agent or representative have been
516paid in full, the balance of such proceeds shall be paid to
517claimants who are licensed dealers in agricultural products,
518either in whole or in pro rata portion, as the aggregate of
519their claims may bear to the amount of such additional proceeds.
520     (10)(9)  Nothing in this section may be construed as
521relieving a surety company from responsibility for payment on
522properly established complaints against dealers involved in a
523federal bankruptcy proceeding and against whom the department is
524prohibited from entering an order.
525     (11)(10)  Upon the failure of a surety company to comply
526with a demand for payment of the proceeds on a bond for a dealer
527in agricultural products, a complainant who is entitled to such
528proceeds, in total or in part, may, within a reasonable time,
529file in the circuit court a petition or complaint setting forth
530the administrative proceeding before the department and ask for
531final order of the court directing the surety company to pay the
532bond proceeds to the department for distribution to the
533complainants. If in such suit the complainant is successful and
534the court affirms the demand of the department for payment, the
535complainant shall be awarded all court costs incurred therein
536and also a reasonable attorney's fee to be fixed and collected
537as part of the costs of the suit. In lieu of such suit, the
538department may enforce its final agency action in the manner
539provided in s. 120.69.
540     Section 7.  Section 604.22, Florida Statutes, is amended to
541read:
542     604.22  Dealers to keep records; contents.--
543     (1)  Each licensee, while acting as agent for a producer,
544shall make and preserve for at least 1 year a record of each
545transaction, specifying the name and address of the producer for
546whom she or he acts as agent; the date of receipt; the kind,
547quality, and quantity of agricultural products received; the
548name and address of the purchaser of each package of
549agricultural products; the price for which each package was
550sold; the amount of any additional charges necessary to
551effectuate the sale; the amount and explanation of any
552adjustments given; and the net amount due from each purchaser.
553An account of sales shall be furnished each producer within 48
554hours after the sale of such agricultural products unless
555otherwise agreed to in a written contract or verifiable oral
556agreement. Such account of sales shall clearly show the sale
557price of each lot of agricultural products sold; all adjustments
558to the original price, along with an explanation of such
559adjustments; and an itemized showing of all marketing costs
560deducted by the licensee, along with the net amount due the
561producer. The licensee shall make the payment to the producer
562within 5 days of the licensee's receipt of payment unless
563otherwise agreed to in a written contract or verifiable oral
564agreement.
565     (2)(a)  The provisions of s. 604.16(2), (3), and (4)
566notwithstanding, any person, partnership, corporation, or other
567business entity, except a person described in s. 604.16(1), who
568possesses and offers for sale agricultural products is required
569to possess and display, upon the request of any department
570representative or state, county, or local law enforcement
571officer, an invoice, bill of sale, manifest, or other written
572document showing the date of sale, the name and address of the
573seller, and the kind and quantity of products for all such
574agricultural products.
575     (b)  Any person who violates the provisions of this
576subsection is guilty of a misdemeanor of the second degree,
577punishable as provided in s. 775.082 or s. 775.083.
578     Section 8.  Section 604.23, Florida Statutes, is amended to
579read:
580     604.23  Examination of records, sales, accounts, books, and
581other documents.--The department shall have power to
582investigate, upon complaint of any interested person or upon its
583own initiative, the record of any dealer in agricultural
584products applicant or licensee, or any transaction involving the
585solicitation, receipt, sale or attempted sale of agricultural
586products, the failure to make proper and true accounts and
587settlements at prompt and regular intervals, the making of false
588statements as to condition, quality or quantity of goods
589received or while in storage, the making of false statements as
590to market conditions with intent to deceive, or the failure to
591make payment for goods received, or other alleged injurious
592transactions. For such purposes the department or its agents may
593examine, at the place or places of business of the dealer in
594agricultural products, the applicant or licensee, her or his
595ledgers, books of accounts, memoranda, and other documents which
596relate to the transaction involved, and may take testimony
597thereon under oath.     
598     Section 9.  Paragraphs (a) and (d) of subsection (1) of
599section 604.25, Florida Statutes, are amended to read:
600     604.25  Refusal to grant, or suspension or revocation of,
601license.--
602     (1)  The department may decline to grant a license or may
603suspend or revoke a license already granted if the applicant or
604licensee has:
605     (a)  Suffered a monetary money judgment to be entered
606against the applicant or licensee her or him upon which
607execution has been returned unsatisfied;
608     (d)  Made any false statement or statements as to
609condition, quality, or quantity of goods received or held for
610sale when she or he could have ascertained the true condition,
611quality, or quantity could have been ascertained by reasonable
612inspection;
613     Section 10.  Section 604.30, Florida Statutes, is amended
614to read:
615     604.30  Penalties; injunctive relief; administrative
616fines.--
617     (1)  Any dealer in agricultural products who violates the
618provisions of ss. 604.15-604.34, or who interferes with an agent
619of the department in the enforcement of ss. 604.15-604.34, is
620guilty of a misdemeanor of the second degree, punishable as
621provided in s. 775.082 or s. 775.083, and for a second or
622subsequent offense is guilty of a misdemeanor of the first
623degree, punishable as provided in s. 775.082 or s. 775.083.
624     (2)  In addition to the remedies provided in this chapter
625and notwithstanding the existence of any adequate remedy at law,
626when the department has probable cause to believe that any
627person, partnership, corporation, or other business entity has
628violated any provision of this chapter or any rule adopted
629pursuant thereto, the department may issue and deliver to such
630person, partnership, corporation, or other business entity a
631notice to cease and desist from such violation. For the purpose
632of enforcing a cease and desist order, the department may file a
633proceeding in the name of the state seeking issuance of an
634injunction or writ of mandamus against any person, partnership,
635corporation, or other business entity who violates any
636provisions of such order, and such injunction shall be issued
637without bond.
638     (3)(a)  In addition to the penalties provided in this
639section, the department may, after notice and hearing, impose a
640fine not exceeding $2,500 $1,000 for the violation of any of the
641provisions of ss. 604.15-604.34 or the rules adopted thereunder
642against any dealer in agricultural products; such fine, when
643imposed and paid, shall be deposited by the department into the
644General Inspection Trust Fund.
645     (b)  Whenever any administrative order has been made and
646entered by the department imposing a fine pursuant to this
647subsection, the order shall specify the amount of the fine and a
648time limit of no more than 15 days for the payment thereof. Upon
649the failure of the dealer involved to pay the fine within that
650time, the dealer's license as dealer in agricultural products
651shall be subject to suspension or revocation and a fine not to
652exceed $100 of $50 a day shall be imposed on the dealer while
653the dealer she or he is in violation of such order.
654     Section 11.  This act shall take effect October 1, 2005.


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