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.;
16increasing the minimum amount of a bond or certificate of
17deposit for licensure; providing a calculation for the
18amount of a bond or certificate of deposit; adding
19requirements relating to bond or certificate of deposit
20assignment or agreement; authorizing the Department of
21Agriculture and Consumer Services to issue a conditional
22license under certain conditions; amending s. 604.21,
23F.S.; increasing the minimum claim amount and requiring a
24complaint filing fee; providing requirements for
25submission of a complaint and payment for multiple claims;
26authorizing a dealer in agricultural products to file a
27complaint against another dealer in agricultural products;
28limiting the time a complaint may be held in abeyance;
29authorizing review of a final order; clarifying
30distribution of bond or certificate of deposit proceeds;
31amending s. 604.22, F.S.; revising recordkeeping
32requirements of licensees; clarifying application of
33provisions; amending ss. 604.23 and 604.25, F.S.;
34clarifying application of provisions; amending s. 604.30,
35F.S.; clarifying that a violator of provisions regulating
36dealers in agricultural products may be a person,
37partnership, corporation, or other business entity;
38increasing the maximum administrative fine and the fine
39for continued violation of an administrative order;
40providing an appropriation and authorizing full-time
41equivalent positions; providing an effective date.
42
43Be It Enacted by the Legislature of the State of Florida:
44
45     Section 1.  Section 604.15, Florida Statutes, is amended to
46read:
47     604.15  Dealers in agricultural products; definitions.--For
48the purpose of ss. 604.15-604.34, the following words and terms,
49when used, shall be construed to mean:
50     (1)(3)  "Agricultural products" means the natural products
51of the farm, nursery, grove, orchard, vineyard, garden, and
52apiary (raw or manufactured); sod; tropical foliage;
53horticulture; hay; livestock; milk and milk products; poultry
54and poultry products; the fruit of the saw palmetto (meaning the
55fruit of the Serenoa repens); and limes (meaning the fruit
56Citrus aurantifolia, variety Persian, Tahiti, Bearss, or Florida
57Key limes); and any other nonexempt agricultural products
58produced in the state, except tobacco, tropical foliage,
59sugarcane, timber and timber by-products, forest products as
60defined in s. 591.17, and citrus other than limes.
61     (2)(1)  "Dealer in agricultural products" means any person,
62partnership, corporation, or other business entity, whether
63itinerant or domiciled within this state, engaged within this
64state in the business of purchasing, receiving, or soliciting
65agricultural products from the producer or the producer's her or
66his agent or representative for resale or processing for sale;
67acting as an agent for such producer in the sale of agricultural
68products for the account of the producer on a net return basis;
69or acting as a negotiating broker between the producer or the
70producer's her or his agent or representative and the buyer.
71     (3)(6)  "Delivery ticket" means a document provided to a
72grain producer by a grain dealer in conjunction with the
73delivery of grain to the grain dealer.
74     (4)(2)  "Department" means the Department of Agriculture
75and Consumer Services.
76     (5)(7)  "Grain" means any food or feed grains, which
77include, but are not limited to, soybeans, corn, wheat, oats,
78and rye.
79     (6)(8)  "Grain dealer" means any person engaged in this
80state in:
81     (a)  Buying, receiving, selling, exchanging, negotiating,
82or processing for resale, or soliciting the sale, resale,
83exchange, or transfer of, grain purchased from the producer or
84the producer's her or his agent or representative or received
85from the producer to be handled on a net return basis; or
86     (b)  Receiving grain for storage.
87     (7)  "Negotiating broker" means any person in the state
88engaged in the business of negotiating sales and purchases of
89agricultural products with a dealer in agricultural products for
90or on behalf of the producer or the producer's agent or
91representative. The negotiating broker never takes title to the
92agricultural product involved in the sale or purchase or handles
93the proceeds therefrom.
94     (8)(4)  "Net return basis" means the sale of agricultural
95products for the account of a producer person, other than the
96seller, wherein the seller acts as the agent for the producer
97owner and pays the producer owner of such products the net
98proceeds after subtracting all authorized and allowable
99deductions.
100     (9)(5)  "Producer" means any grower producer of
101agricultural products produced in the state.
102     (10)  "Producer's agent" means the seller of agricultural
103products for the account of a producer or group of producers on
104a net return basis, wherein the producer's agent acts as the
105agent for the producer or group of producers and pays the
106producer of such products all of the net proceeds after
107subtracting all authorized and allowable deductions. Allowable
108deductions may include, but are not limited to: packing charges,
109shipping charges, boxes, crates, billing, commission fees,
110cooling charges, pallets, and other deductible charges or fees
111agreed upon by the producer and producer's agent.
112     Section 2.  Subsections (2) and (4) of section 604.16,
113Florida Statutes, are amended to read:
114     604.16  Exceptions to provisions of ss. 604.15-
115604.34.--Except for s. 604.22(2), the provisions of ss. 604.15-
116604.15-604.34 do not apply to:
117     (2)  A dealer in agricultural products All persons who pays
118buy for cash and pay at the time of purchase with United States
119cash currency or a cash equivalent, such as a money order,
120cashier's check, wire transfer, electronic funds transfer, or
121debit card.
122     (4)  Dealers who operate exclusively on a retail basis and
123who purchase less than $1,000 worth of agricultural products
124from Florida producers or their agents or representatives during
125the peak month of such purchases within the calendar year.
126     Section 3.  Section 604.18, Florida Statutes, is amended to
127read:
128     604.18  Application; form; contents.--Every dealer in
129agricultural products, desiring to transact business within the
130state directly with a Florida producer, a producer's agent or
131representative, or a negotiating broker, shall, prior to
132transacting any business as such, file an application for such
133license with the department. License shall be renewed annually
134on its anniversary date. The application shall be on a form
135furnished by the department and, together with such other
136information as the department shall require, shall state:
137     (1)  The kind or kinds of agricultural products the
138applicant proposes to handle.;
139     (2)  The full name or title of the person, partnership,
140corporation, or other business entity and applicant, or if the
141applicant be an association or copartnership, the name of each
142member of such association or copartnership, or if the applicant
143be a corporation, the name and mailing address of each owner,
144partner, officer, or managing agent. officer of the corporation;
145     (3)  The names of buyers or other local agents of the
146applicant, if any.;
147     (4)  The cities and towns within which places of business
148of the applicant will be located, together with the street or
149mailing address of each.; and
150     (5)  The federal employer's identification number of the
151applicant, if any.
152     (6)  The primary mailing address and physical address for
153each place of business. A dealer in agricultural products must
154have on file with the department the address of the dealer's
155primary place of business prior to engaging in business as a
156dealer in agricultural products in this state. Prior to changing
157the address of the primary place of business, the dealer must
158notify the department of the address of the new primary place of
159business. All documents relating to the provisions of ss.
160604.15-604.34 and chapter 120 shall be served to the last
161address of record; to a corporation's registered agent or the
162registered agent's substitute; in the absence of a registered
163agent, to an owner, officer, partner, employee, or managing
164agent of the business entity; or as designated by the applicant
165in the applicant's application.
166     (7)  The dollar amount of business done by a renewal
167applicant with Florida producers and their agents or
168representatives during the month in which the maximum dollar
169amount of agricultural products was purchased or handled as a
170dealer in agricultural products or the dollar amount of business
171estimated to be done by a first-time applicant with Florida
172producers and their agents or representatives during the month
173in which the estimated maximum dollar amount of agricultural
174products will be purchased or handled as a dealer in
175agricultural products.
176     Section 4.  Section 604.19, Florida Statutes, is amended to
177read:
178     604.19  License; fee; bond; certificate of deposit;
179penalty.--Unless the department refuses the application on one
180or more of the grounds provided in this section, it shall issue
181to an applicant, upon the payment of required proper fees and
182the execution and delivery of a bond or certificate of deposit
183as provided in this section, a state license entitling the
184applicant to conduct business as a dealer in agricultural
185products for a 1-year period to coincide with the effective
186period of the bond or certificate of deposit furnished by the
187applicant. During the 1-year period covered by a license, if the
188supporting surety bond or certificate of deposit is canceled for
189any reason, the license shall automatically expire on the date
190the surety bond or certificate of deposit terminates, unless an
191acceptable replacement is in effect before the date of
192termination so that continual coverage occurs for the remaining
193period of the license. A surety company shall give the
194department a 30-day written notice of cancellation by certified
195mail in order to cancel a bond. Cancellation of a bond or
196certificate of deposit shall not relieve a surety company or
197financial institution of liability for purchases or sales
198occurring while the bond or certificate of deposit was in
199effect. The license fee, which must be paid for the principal
200place of business for a dealer in agricultural products, shall
201be based upon the amount of the dealer's surety bond or
202certificate of deposit furnished by each dealer under the
203provisions of s. 604.20 and may not exceed $500 $300. For each
204additional place in which the applicant desires to conduct
205business and which the applicant names in the application, the
206additional license fee must be paid but may not exceed $100 $50
207annually. Should any dealer in agricultural products fail,
208refuse, or neglect to apply and qualify for the renewal of a
209license on or before the date of expiration thereof, a penalty
210not to exceed $100 $35 shall apply to and be added to the
211original license fee and shall be paid by the applicant before
212the renewal license may be issued. The department by rule shall
213prescribe fee amounts sufficient to fund ss. 604.15-604.34.
214     Section 5.  Section 604.20, Florida Statutes, is amended to
215read:
216     604.20  Bond or certificate of deposit prerequisite;
217amount; form.--
218     (1)  Before any license is issued, the applicant therefor
219shall make and deliver to the department a surety bond or
220certificate of deposit in the amount of at least $5,000 $3,000
221or in such greater amount as the department may determine, not
222exceeding the maximum amount of business done or estimated to be
223done in any month by the applicant. No bond or certificate of
224deposit may be in an amount less than $5,000. The penal sum of
225the bond or certificate of deposit to be furnished to the
226department by an applicant for license as a dealer in
227agricultural products shall be in an amount equal to twice the
228dollar amount of agricultural products handled for a Florida
229producer or a producer's agent or representative, by purchase or
230otherwise, during the month of maximum transaction in such
231products during the preceding 12-month period. An applicant for
232license who has not handled agricultural products for a Florida
233producer or a producer's agent or representative, by purchase or
234otherwise, during the preceding 12-month period shall furnish a
235bond or certificate of deposit in an amount equal to twice the
236estimated dollar amount of such agricultural products to be
237handled, by purchase or otherwise, during the month of maximum
238transaction during the next immediate 12 months. Such bond or
239certificate of deposit shall be provided or assigned in the
240exact name in which the dealer will conduct business subject to
241the provisions of ss. 604.15-604.34. Such bond must be executed
242by a surety company corporation authorized to transact business
243in the state. For the purposes of ss. 604.19-604.21, the term
244"certificate of deposit" means a certificate of deposit at any
245recognized financial institution doing business in the United
246States. No certificate of deposit may be accepted in connection
247with an application for a dealer's license unless the issuing
248institution is properly insured by either the Federal Deposit
249Insurance Corporation or the Federal Savings and Loan Insurance
250Corporation. Such bond or any certificate of deposit assignment
251or agreement shall be upon a form prescribed or approved by the
252department and shall be conditioned to secure the faithful
253accounting for and payment, in the manner prescribed by s.
254604.21(9), to producers or their agents or representatives of
255the proceeds of all agricultural products handled or purchased
256by such dealer and to secure payment to dealers who sell
257agricultural products to such dealer. Such bond or certificate
258of deposit assignment or agreement shall include terms binding
259the instrument to the Commissioner of Agriculture. A certificate
260of deposit shall be presented with an assignment of applicant's
261rights in the certificate in favor of the Commissioner of
262Agriculture on a form prescribed by the department and with a
263letter from the issuing institution acknowledging that the
264assignment has been properly recorded on the books of the
265issuing institution and will be honored by the issuing
266institution. Such assignment shall be irrevocable while the
267dealer's license is in effect and for an additional period of 6
268months after the termination or expiration of the dealer's
269license provided no complaint is pending against the licensee.
270If a complaint is pending, the assignment shall remain in effect
271until all actions on the complaint have been finalized. The
272certificate of deposit may be released by the assignee of the
273financial institution to the licensee or the licensee's
274successors, assignee, or heirs if no claims are pending against
275the licensee before the department at the conclusion of 6 months
276after the last effective date of the license. No certificate of
277deposit shall be accepted that contains any provision that would
278give the issuing institution any prior rights or claim on the
279proceeds or principal of such certificate of deposit. The
280department shall determine by rule the maximum amount of bond or
281certificate of deposit required of a dealer and whether an
282annual or continuous bond or certificate of deposit will be
283required.
284     (2)  The amount of such bond or certificate of deposit
285shall, upon the order of the department at any time, be
286increased, if in its discretion the department finds such
287increase to be warranted by the dollar amount volume of
288agricultural products being handled, by purchase or otherwise,
289by the licensee. In the same manner, the amount of such bond or
290certificate of deposit may be decreased when a decrease in the
291dollar amount volume of products handled, by purchase or
292otherwise, warrants such decrease. These provisions apply to any
293bond or certificate of deposit, regardless of the anniversary
294date of its issuance, expiration, cancellation, or renewal.
295     (3)  In order to effectuate the purposes of this section,
296the department or its agents may require from any applicant or
297licensee verified statements of the dollar amount volume of the
298applicant's or licensee's her or his business or may review the
299applicant's applicant or licensee's records at the applicant's
300or licensee's her or his place of business during normal
301business hours to determine the actual dollar amount of
302agricultural products handled, by purchase of otherwise for the
303purpose of determining her or his volume of business. The
304failure of a licensee to furnish such statement, to make such
305records available, or to make and deliver a new or additional
306bond or certificate of deposit shall be cause for suspension of
307the licensee's license. If the department finds such failure to
308be willful, the license may be revoked.
309     (4)  The department may issue a conditional license to an
310applicant who is unable to provide a single bond or certificate
311of deposit in the full amount required by the calculation in
312subsection (1). The conditional license shall remain in effect
313for a 1-year period to coincide with the effective period of the
314bond or certificate of deposit furnished by the applicant. The
315applicant must provide at least the minimum $5,000 bond or
316certificate of deposit as provided in subsection (1) together
317with one of the following:
318     (a)  A notarized affidavit limiting the handling of
319agricultural products, by purchase or otherwise, during their
320largest month to a minimum of one-half the amount of the bond or
321certificate of deposit provided by the applicant;
322     (b)  A notarized affidavit stating that any subject
323agricultural products, handled by purchase or otherwise,
324exceeding one-half of the amount of the bond or certificate of
325deposit will be handled under the exemption provisions set forth
326in s. 604.16(2); or
327     (c)  A second bond or certificate of deposit in such an
328amount that, when the penal sum of the second bond or
329certificate of deposit is added to the penal sum of the first
330bond or certificate of deposit, the combined penal sum will
331equal twice the dollar amount of agricultural products handled
332for a Florida producer or a producer's agent or representative,
333by purchase or otherwise, during the month of maximum
334transaction in such products during the preceding 12-month
335period.
336
337The department or its agents may require from any licensee who
338is issued a conditional license verified statements of the
339volume of the licensee's business or may review the licensee's
340records at the licensee's place of business during normal
341business hours to determine the licensee's adherence to the
342conditions of the license. The failure of a licensee to furnish
343such statement or to make such records available shall be cause
344for suspension of the licensee's conditional license. If the
345department finds such failure to be willful, the conditional
346license may be revoked.
347     Section 6.  Section 604.21, Florida Statutes, is amended to
348read:
349     604.21  Complaint; investigation; hearing.--
350     (1)(a)  Any person, partnership, corporation, or other
351business entity claiming herself or himself to be damaged by any
352breach of the conditions of a bond or certificate of deposit
353assignment or agreement given by a licensed dealer in
354agricultural products as hereinbefore provided may enter
355complaint thereof against the dealer and against the surety
356company, if any, to the department, which complaint shall be a
357written statement of the facts constituting the complaint. Such
358complaint shall include all agricultural products defined in s.
359604.15(1), as well as any additional charges necessary to
360effectuate the sale unless these additional charges are already
361included in the total delivered price. Such complaint shall be
362filed within 6 months from the date of sale in instances
363involving direct sales or from the date on which the
364agricultural product was received by the dealer in agricultural
365products, as agent, to be sold for the producer. No complaint
366shall be filed pursuant to this section unless the transactions
367involved total at least $500 $250 and occurred in a single
368license year. Before a complaint can be processed, the
369complainant must provide the department with a $50 filing fee.
370In the event the complainant is successful in proving the claim,
371the dealer in agricultural products shall reimburse the
372complainant for the $50 filing fee as part of the settlement of
373the claim.
374     (b)  To be considered timely filed, a complaint together
375with any required affidavits or notarizations must be received
376by the department within 6 months after the date of sale by
377electronic transmission, facsimile, regular mail, certified
378mail, or private delivery service. If the complaint is sent by a
379service other than electronic mail or facsimile, the mailing
380shall be postmarked or dated on or before the 6-month deadline
381to be accepted as timely filed.
382     (c)  When multiple claims exist by a producer, a producer's
383agent or representative, or a dealer and the combined
384adjudicated amounts exceed the total amount of any bond and
385certificate of deposit, sales occurring 120 or more days after
386the oldest sale stated in any complaint filed by the same
387producer, producer's agent or representative, or dealer shall
388not be considered for payment from the proceeds of the bond or
389certificate of deposit in the event that the surety company or
390financial institution is called on to make payment.
391     (d)  A person, partnership, corporation, or other business
392entity filing a complaint shall submit to the department the
393following documents: three completed complaint affidavits on a
394form provided by the department with an original signature of an
395owner, partner, general partner, or corporate officer and an
396original notarization on each affidavit. If the complaint is
397filed by electronic transmission or facsimile, the original
398affidavits and original notarizations shall be filed with the
399department not later than the close of business of the tenth
400business day following the electronic transmission or facsimile
401filing. Attached to each complaint affidavit shall be copies of
402all documents to support the complaint. Supporting documents may
403be copies of invoices, bills of lading, packing or shipping
404documents, demand letters, or any other documentation to support
405the claim. In cases in which there are multiple invoices being
406claimed, a summary list of all claimed invoices must accompany
407the complaint.
408     (e)  A dealer in agricultural products who is in compliance
409with ss. 604.15-604.34 may file a complaint with the department
410against another licensed dealer in agricultural products.
411However, payment from a bond or certificate of deposit to a
412dealer shall occur only after all claims of producers or
413producers' agents or representatives have been paid in full
414except as provided pursuant to paragraph (c).
415     (f)  Filing a complaint with the department does not
416constitute an election of remedies when the same or similar
417complaint is filed in another venue.
418     (g)  The surety company or financial institution shall be
419responsible for payment of properly established complaints filed
420against a dealer, notwithstanding the dealer's filing of a
421bankruptcy proceeding.
422     (2)  Upon the filing of such complaint in the manner herein
423provided, the department shall investigate the matters
424complained of; whereupon, if, in the opinion of the department,
425the facts contained in the complaint warrant such action, the
426department shall serve notice of the filing of complaint send to
427the dealer against whom the complaint has been filed at the last
428address of record in question, by certified mail, notice of the
429filing of the complaint. Such notice shall be accompanied by a
430true copy of the complaint. A copy of such notice and complaint
431shall also be served sent to the surety company, if any, that
432provided the bond for the dealer, which surety company shall
433become party to the action. Such notice of the complaint shall
434inform the dealer of a reasonable time within which to answer
435the complaint by advising the department in writing that the
436allegations in the complaint are admitted or denied or that the
437complaint has been satisfied. Such notice shall also inform the
438dealer and the surety company or financial institution, if any,
439of a right to a hearing on the complaint, if requested.
440     (3)  If the dealer files an answer admitting admits the
441allegations of the complaint and the department determines
442through inquiry of the complainant that the dealer has failed
443but fails to satisfy same within 21 days after receipt of the
444notice of the filing of a complaint by any party whose
445substantial interests are determined the time fixed by the
446department, the department shall thereupon order payment by the
447dealer of the amount found owed. In the event a party files a
448request that the complaint be held in abeyance pending a
449settlement agreement, the period of abeyance shall not exceed 6
450months and successive periods of abeyance shall not be granted.
451     (4)  If the dealer files an answer and , in her or his
452answer, denies the allegations of the complaint and waives a
453hearing, the department may order a hearing or enter an order
454based on the facts and circumstances set forth in the complaint
455and the respondent's answer thereto. If the department
456determines the complaint has not been established or fails to
457meet the provisions of this section, the order shall, among
458other things, dismiss the proceedings. If the department
459determines that the allegations of the complaint have been
460established, it shall enter its findings of fact accordingly and
461thereupon enter its order adjudicating the amount of
462indebtedness due to be paid by the dealer to the complainant.
463     (5)  Any order entered by the department pursuant to this
464section shall become final and effective on the date filed with
465the department's agency clerk 14 days after issue if neither the
466department nor a party whose material interest is affected by
467the order requests a hearing on the order within 14 days
468following the date of issue.
469     (6)  Any party whose substantial material interest is
470affected by a proceeding pursuant to this section shall be
471granted a hearing upon request as provided by chapter 120. Such
472hearing shall be conducted pursuant to chapter 120. The final
473order of the department, when issued pursuant to the recommended
474order of an administrative law judge, shall be final and
475effective on the date filed with the department's agency clerk.
476Any party to these proceedings adversely affected by the final
477order is entitled to seek review of the final order pursuant to
478s. 120.68 and the Florida Rules of Appellate Procedure. Should a
479complaint forwarded by the department to the Division of
480Administrative Hearings be settled prior to a hearing pursuant
481to chapter 120, the department shall issue a notice closing the
482complaint file upon receipt of the administrative law judge's
483order closing the complaint file, and the matter before the
484department shall be closed accordingly upon issuance.
485     (7)  Any indebtedness set forth in a departmental order
486against a dealer shall be paid by the dealer within 15 days
487after such order becomes final.
488     (8)  Upon the failure by a dealer to comply with an order
489of the department directing payment, the department shall, in
490instances involving bonds, call upon the surety company to pay
491over to the department out of the bond posted by the surety
492company for such dealer or, in instances involving certificates
493of deposit, call upon the financial institution issuing such
494certificate to pay over to the department out of the certificate
495under the conditions of the assignment or agreement, the amount
496called for in the order of the department, not exceeding the
497amount of the bond or the principal of the certificate of
498deposit. If the bond or the principal of the certificate of
499deposit is insufficient to pay in full the amount due each
500complainant as set forth in the order of the department, the
501department shall distribute the proceeds pro rata among such
502complainants. The proceeds from a bond or the principal from a
503certificate of deposit shall be paid directly to the department
504to be distributed by it to successful complainants, except the
505accrued interest on a certificate of deposit shall be paid to
506the dealer. Such funds shall be considered trust funds in the
507hands of the department for the exclusive purpose of satisfying
508duly established complaints. Payments made to the department
509pursuant to this section shall be considered payments made upon
510demand and may not be considered voluntary payments.
511     (9)  Payments from a surety company or proceeds from a
512certificate of deposit shall be paid first to the producer or
513the producer's agent or representative in the amount of the
514producer's claims in full if such proceeds are sufficient for
515such purpose and, if not, then in pro rata shares to such
516producer or producer's agent or representative. If additional
517proceeds exist in the hands of the department after all claims
518of a producer and a producer's agent or representative have been
519paid in full, the balance of such proceeds shall be paid to
520claimants who are licensed dealers in agricultural products,
521either in whole or in pro rata portion, as the aggregate of
522their claims may bear to the amount of such additional proceeds.
523     (10)(9)  Nothing in this section may be construed as
524relieving a surety company from responsibility for payment on
525properly established complaints against dealers involved in a
526federal bankruptcy proceeding and against whom the department is
527prohibited from entering an order.
528     (11)(10)  Upon the failure of a surety company to comply
529with a demand for payment of the proceeds on a bond for a dealer
530in agricultural products, a complainant who is entitled to such
531proceeds, in total or in part, may, within a reasonable time,
532file in the circuit court a petition or complaint setting forth
533the administrative proceeding before the department and ask for
534final order of the court directing the surety company to pay the
535bond proceeds to the department for distribution to the
536complainants. If in such suit the complainant is successful and
537the court affirms the demand of the department for payment, the
538complainant shall be awarded all court costs incurred therein
539and also a reasonable attorney's fee to be fixed and collected
540as part of the costs of the suit. In lieu of such suit, the
541department may enforce its final agency action in the manner
542provided in s. 120.69.
543     Section 7.  Section 604.22, Florida Statutes, is amended to
544read:
545     604.22  Dealers to keep records; contents.--
546     (1)  Each licensee, while acting as agent for a producer,
547shall make and preserve for at least 1 year a record of each
548transaction, specifying the name and address of the producer for
549whom she or he acts as agent; the date of receipt; the kind,
550quality, and quantity of agricultural products received; the
551name and address of the purchaser of each package of
552agricultural products; the price for which each package was
553sold; the amount of any additional charges necessary to
554effectuate the sale; the amount and explanation of any
555adjustments given; and the net amount due from each purchaser.
556An account of sales shall be furnished each producer within 48
557hours after the sale of such agricultural products unless
558otherwise agreed to in a written contract or verifiable oral
559agreement. Such account of sales shall clearly show the sale
560price of each lot of agricultural products sold; all adjustments
561to the original price, along with an explanation of such
562adjustments; and an itemized showing of all marketing costs
563deducted by the licensee, along with the net amount due the
564producer. The licensee shall make the payment to the producer
565within 5 days of the licensee's receipt of payment unless
566otherwise agreed to in a written contract or verifiable oral
567agreement.
568     (2)(a)  The provisions of s. 604.16(2), (3), and (4)
569notwithstanding, any person, partnership, corporation, or other
570business entity, except a person described in s. 604.16(1), who
571possesses and offers for sale agricultural products is required
572to possess and display, upon the request of any department
573representative or state, county, or local law enforcement
574officer, an invoice, bill of sale, manifest, or other written
575document showing the date of sale, the name and address of the
576seller, and the kind and quantity of products for all such
577agricultural products.
578     (b)  Any person who violates the provisions of this
579subsection is guilty of a misdemeanor of the second degree,
580punishable as provided in s. 775.082 or s. 775.083.
581     Section 8.  Section 604.23, Florida Statutes, is amended to
582read:
583     604.23  Examination of records, sales, accounts, books, and
584other documents.--The department shall have power to
585investigate, upon complaint of any interested person or upon its
586own initiative, the record of any dealer in agricultural
587products applicant or licensee, or any transaction involving the
588solicitation, receipt, sale or attempted sale of agricultural
589products, the failure to make proper and true accounts and
590settlements at prompt and regular intervals, the making of false
591statements as to condition, quality or quantity of goods
592received or while in storage, the making of false statements as
593to market conditions with intent to deceive, or the failure to
594make payment for goods received, or other alleged injurious
595transactions. For such purposes the department or its agents may
596examine, at the place or places of business of the dealer in
597agricultural products, the applicant or licensee, her or his
598ledgers, books of accounts, memoranda, and other documents which
599relate to the transaction involved, and may take testimony
600thereon under oath.     
601     Section 9.  Paragraphs (a) and (d) of subsection (1) of
602section 604.25, Florida Statutes, are amended to read:
603     604.25  Refusal to grant, or suspension or revocation of,
604license.--
605     (1)  The department may decline to grant a license or may
606suspend or revoke a license already granted if the applicant or
607licensee has:
608     (a)  Suffered a monetary money judgment to be entered
609against the applicant or licensee her or him upon which
610execution has been returned unsatisfied;
611     (d)  Made any false statement or statements as to
612condition, quality, or quantity of goods received or held for
613sale when she or he could have ascertained the true condition,
614quality, or quantity could have been ascertained by reasonable
615inspection;
616     Section 10.  Section 604.30, Florida Statutes, is amended
617to read:
618     604.30  Penalties; injunctive relief; administrative
619fines.--
620     (1)  Any dealer in agricultural products who violates the
621provisions of ss. 604.15-604.34, or who interferes with an agent
622of the department in the enforcement of ss. 604.15-604.34, is
623guilty of a misdemeanor of the second degree, punishable as
624provided in s. 775.082 or s. 775.083, and for a second or
625subsequent offense is guilty of a misdemeanor of the first
626degree, punishable as provided in s. 775.082 or s. 775.083.
627     (2)  In addition to the remedies provided in this chapter
628and notwithstanding the existence of any adequate remedy at law,
629when the department has probable cause to believe that any
630person, partnership, corporation, or other business entity has
631violated any provision of this chapter or any rule adopted
632pursuant thereto, the department may issue and deliver to such
633person, partnership, corporation, or other business entity a
634notice to cease and desist from such violation. For the purpose
635of enforcing a cease and desist order, the department may file a
636proceeding in the name of the state seeking issuance of an
637injunction or writ of mandamus against any person, partnership,
638corporation, or other business entity who violates any
639provisions of such order, and such injunction shall be issued
640without bond.
641     (3)(a)  In addition to the penalties provided in this
642section, the department may, after notice and hearing, impose a
643fine not exceeding $2,500 $1,000 for the violation of any of the
644provisions of ss. 604.15-604.34 or the rules adopted thereunder
645against any dealer in agricultural products; such fine, when
646imposed and paid, shall be deposited by the department into the
647General Inspection Trust Fund.
648     (b)  Whenever any administrative order has been made and
649entered by the department imposing a fine pursuant to this
650subsection, the order shall specify the amount of the fine and a
651time limit of no more than 15 days for the payment thereof. Upon
652the failure of the dealer involved to pay the fine within that
653time, the dealer's license as dealer in agricultural products
654shall be subject to suspension or revocation and a fine not to
655exceed $100 of $50 a day shall be imposed on the dealer while
656the dealer she or he is in violation of such order.
657     Section 11.  The sum of $285,000 is appropriated from the
658General Inspection Trust Fund to the Department of Agriculture
659and Consumer Services, and four additional full-time equivalent
660positions are authorized, for the purpose of implementing this
661act during the 2005-2006 fiscal year.
662     Section 12.  This act shall take effect October 1, 2005.


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