:2101

false or misleading advertisement. (d) Agricultural seeds containing noxious­

weed seeds subject to tolerances and methods of ~etermination prescribed in the rules and regula­tions under this law.

(2) It shall be unlawful for any person within this state:

(a) To detach, deface, destroy or use a second time any label or tag provided for in this law, or ihe rules and regulations made and promulgated hereunder, or to alter or substitute seed in a manner that may defeat the purpose of this law.

(b) To disseminate any false or misleading advertisement concerning agricultural or vege­table seed in any manner or by any means. ·

(c) To hinder or obstruct in any way any authorized person in the performance of his duties under this law.

(d) To fail to comply with a stop-sale order or seizure order.

Hlstory.-§4, ch. 20251, 1941; am. §4, ch. 21942, 1943; H. ch. 22694, 1945.

578.14 Packet seeds.-(1) When vegetable · seeds are sold, offered

or exposed for sale in packets of less than eight ounces there shall be paid in respect thereof an inspection fee at the rate of fifty cents per each one hundred and ten dozen, or fractional part thereof, of such packets of vegetable seeds, the payment of such inspection fees to be evidenced . by'the use of inspection stamps furnished by and purchased from the commissioner, and for each lot or shipment of one hundred and ten dozen packets of vegetable seeds, or fractional part ·thereof, there shall be placed one such inspection stamp on the display box, container or place from which seed are sold, ·offered or exposed for sale.

(2) Such inspection stamps shall be so placed, kept and maintained on such display box, con­tainer or place as to be plainly visible at all times while such seed are being sold, offered or exposed for sale. The requirements of this sec­tion shall apply to refills or reorders as well as to the original fills of such display boxes, con­tainers or places from which such seeds are sold, offered or exposed for sale. Provided, that on reorders of less than fifty-five dozen packets of seed for refills, the inspection fee shall be twenty-five cents, to be evidenced as in this sec­tion required. It shall be unlawful to sell, offer or expose for sale vegetable seeds in packets of less than eight ounces without such inspection stamp being first attached to and kept on such display box, container or place as herein required.

Hlstory.-§9, ch. 20251, 1941; am. §9, ch. 21942, 1943; §9, ch. 22694, 1945.

578.15 Transferred.-History.-§13, ch. 19364, §9, ch. 19432, 1939; CGL 1940

Supp. 4151 (602), 4151 (613). Transferred to §575.08 by §9, ch. 26961, 1951.

578.16 Repealed.-History.-§11, ch. 20251, 1941; repealed by §17, ch.

21942, 1943. ' 578.17 Repealed.-

History.-§16, ch. 19364, 1939; CGL 1940 Supp. 4151(604); §10, ch. 20251, 1941.

Repealed by §1, ch. 26960, 1951. 578.18 Transferred.-

History.-§15, ch. 19364, §8, ch. 19432, 1939; CGL 1940 Supp. 8135 (54), (55) ; §12, ch. 20251, 1941; am. §15, ch. 21942, 1943. cf.-§775.07, Punishment for misdemeanor.

Transferred to §575.07 by §8, ch. 26961, 1951.

FLORIDA SEED LAW §578.26

578.181 Penalties.-Every violation of any of the provisions of §§578.011, 578.08-578.14, 578.22-578.25 shall be deemed a misdemeanor and punishable as such.

History.-§15, ch. 22694, 1945. 578.19 Repealed.-

History.-§§1, 2, ch. 5754, 1899; GS 3702; RGS 5654; CGL 7855.

Repealed by ~2, ch. 26960, 1~51.

578.20 Short title.-sections 578.011, 578.08-578.14, 578.181, 578.22-578.25 shall be known and cited as the "Florida seed law."

Hiotory.-§1, ch. 20251, 1941; am. §1, ch. 21942, 1943; §1, ch. 22694, 1945.

578.21 Repealed.-Hiotory.-§10, ch. 21942, 1943; repealed by §17, ch.

22694, 1945. 0

578.22 Disposition of fees collected.- All fees required and collected, as provided in this chapter shall be paid into the state treasury and placed to the credit of the general inspection fund, from which fund the expenses incident to the enforcement of this law shall be paid.

Hiotory.-§11, ch. 21942, 1943; §10, ch. 22694, 1945. Am. §3, ch. 26960, 1951. 578.23 Dealers' records to be kept available.

-Every seed dealer shall make and keep for a period of three years satisfactory records of all agricultural and vegetable seeds bought or handled to be sold, which records shall at all time be made readily available for inspection, examination or audit by the commissioner or his duly authorized agents.

Hlstory.-§14. ch. 21942, 1943; §13, ch. 22694, 1945. 578.24 Mixed varieties of seed oats pro­

hibited.-Oats consisting of mixed varieties shall not be sold for planting purposes in this state, unless permitted by regulation promulgated by the commissioner upon recommendation of the Florida agricultural experiment station at Gainesville. Florida. Hlotor~·.-§12, ch. 21942. 1943; §11, ch. 22694, 1945. 578.25 Use of disclaimer clause.-The use

of a disclaimer or nonwarranty clause in any in­voice, advertising, labeling or written, printed or graphic matter pertaining to any seed shall not relieve or exempt any person from any pro­visions of the Florida seed law. Hlotory.-~14. ch. 22694, 1945. 578.26 Notice prerequisite for failure of

seed as represented.--'The ultimate purchasers of agricultural or vegetable seed, as a prerequi­site to the right to bring or maintain legal action for damages claimed by reason of the failure of such seed to be as represented by the information shown on the label or tag borne on or attached to the container of such seed as required by §578.09, Florida Statutes, shall, within a reason­able time and not later than fifteen days from the time such defect or variation from such in­formation becomes apparent and is observed by said ultimate purchaser, give to the person from whom such seed were purchased notice of such variation resulting from the failure of such seed to be as represented by the information on the label or tag borne on or attached to the con­tainer of such seed; provided, however, and on the condition that the requirement for notice herein set forth appear legibly typed or printed on the said analysis tag attached to the container of such seed at the time of its sale to the ultimate purchaser.

History.-Comp. §1, ch. 26814, 1951.

§579.01 SEA ISLAND COTTON LAW 2102

CHAPTER 579 SEA ISLAND COTTON · LAW

579.01 Sea island cotton production districts. 579.02 Duty of county commissioners. 579.03 Report to commissioner of agriculture. 579.04 Duties of commissioner of agriculture. 579.05 Election by free holders. 579.06 Notice of election; holding same, etc.

579.01 Sea Island cotton production dis­tricts.-Whenever residents of any territory containing not less than one hundred contig­uous square miles of reasonably compact shape, within any county of this state, desire to have such territory constituted into a cotton pro­duction control district, they shall present to the board of county commissioners of said county, a petition signed by not less than ten percent of the duly registered voters, who are freeholders, residing within the territory which it is proposed to create into such cotton production control district. Said petition shall describe, by metes and bounds, or other accur­ate description, the said territory.

History.-§2, ch. 1780.8, 1937; CGL 1940 Supp. 4151(430).

579.02 Duty of county commissioners.-At their first meeting after the receipt of said pe­tition, such board of county commissioners shall investigate the facts, and find and deter­mine . whether such petition has been duly signed by the requisite number of registered

. voters, who are freeholders, residing within said territory.

Hlstory.-§3, ch. 17808, 1937; CGL 1940 Supp. 4151(431).

579.03 Report to commissioner of agricul­ture.-If such board of .county commissioners, after such investigation, shall find and deter­mine that such petition has been duly signed by the requisite number of registered voters, who are freeholders, residing within said ter­ritory; and that it is in all respects strictly in accordance with the. requirements of law, such . finding and. determination shall be regarded for all purposes as conclusive; and such board shall thereupon immediately certify to the commissioner of agriculture, a copy of such petition, together with its finding and determ­ination thereon.

Hlstory.-§4, ch. 17808, 1937; CGL 1940 Supp. 4151(432).

579.04 Duties of commissioner of agricul­ture.-Upon the receipt, by such commissioner of agriculture, of such copy and certificate of the findings of the board of county commis­sioners thereon, said commissioner of agri­culture may make such surveys and inspections of the territory described in the petition, as he may deem necessary. If said commissioner of agriculture shall find that such described ter­ritory is suited to the production of sea island cotton, he shall certify that fact to the board of county commissioners of the county within which such territory is located.

Hlstory.-§5, ch. 17808, 1937; 'caL 1940 Supp. 4151 (433) .

579.07 Certificate of election to commissioner or agriculture.

579.08 Abolition of districts. 579.09 Powers of commissioner of agriculture. 579.10 Only sea island cotton may be planted;

penalties. 579.11 Construction of chapter.

579.05 Election by freeholders.-When said commissioner of agriculture shall have so cer­tified that the territory described in said peti­tion, is suited to the production of sea island\ cotton, said board of county commissioners,. at their first meeting after receipt of such cer­tification, shall order an election to be held in the territory which it is proposed to constitute­into the said cotton production control dis­trict, to determine whether or not such terri­tory shall be constituted into a cotton produc­tion control district of the State of Florida. Only duly qualified electors, who are free­holders, shall be entitled to vote at such elec­tion. . Hlstory.-§6, ch. 17808, 1937 ; CGL 1940 Supp. 4151 (434).

579.06 Notice of election; holding same,. etc.-The board of county commissioners shall have a notice of such election published for· not less than thirty days next preceding the­date of such election. Said notice shall de­scribe the territory proposed to be included in the cotton production control district. The· inspectors for such election shall be appointed by, and the ballots to be voted shall be pre­pared and furnished by, the board of county commissioners; and the election shall be held in substantial conf ormity to the laws of Flor­ida, applicable to general elections. The in­spectors shall make returns to the board of county commissioners immediately after said election; and the board of county commission­ers shall hold a special meeting as soon there­after as is practicable, for the purpose of can­vassing said election returns and certifying to the result thereof.

H lstory.-§7, ch. 17808, 1937 ; CGL 1940 Supp. 4161(435).

579.07 Certificate of election to commission­er of agriculture.-If the board of county com­missioners shall find and determine that the­result of said election is adverse to the propo­sition of constituting the cotton production control district, it shall immediately so certify to the commissioner of agriculture, and no other election for the same purpose, shall be held. within one year from the receipt, by said commissioner of agriculture, of such certifica­tion. But if a majority of the votes cast at such special election shall be in favor of the proposition to create a cotton production con­trol district, then said board of county com­missioners shall certify such fact to the com­missioner of agriculture of the State of Flor­ida, who shall then enter an order constituting the territory, in which said election was held.

2103

into a cotton production control district, ef­fective as of January 1st next succeeding the date of the entry of said order. Said commis- . sioner of agriculture shall then transmit a copy of such order to said board of county com­missioners, who shall, upon the receipt of such copy, duly attest it, designate said district by name or number, and declare and publish the boundaries of the same. Upon the expira­tion of thirty days after the finding and de­termination, by the board of county commis­sioners, as to the result of any such election that shall have been held, it shall be regarded for all purposes as conclusive.

Hlstory.-§8, ch. 17808, 1937; CGL 1940 Supp. 4151(436).

579.08 Abolition of districts.- Any such cotton production control district may be abol­ished by a majority vote at an election called by the board of county commissioners of the county for the purpose, after publication of such notice as is required to create such cotton production control district, at which election the qualification of voters shall be the same as in elections to create cotton production con­trol districts; provided, however, that no such election for the purpose of abolishing any such district shall be called within one year next succeeding the entry of the order constituting such territory into a cotton production control district.

Hlstory.-:--§9, ch. 17808, 1937 ; CGL 1940 Supp. 4151(437).

579.09 Powers of commissioner of agricul­ture.-The commissioner of agriculture of the State of Florida shall have all necessary and reasonable power to enable him to promote the planting and production of sea island cotton in any county of the state and to enforce and carry out the provisions of this chapter, in­cluding among others, the power to:

(1) Make reasonable rules and regulations not inconsistent with the provisions of this chapter;

<2) Institute, in his name, such proceedings, either at law or in equity, in the courts of this state, as he may reasonably deem necessary to enforce and .carry out the provisions of this chapter and the regulations made by reason hereof; provided however that none of the funds appropriated by this chapter shall be expended for legal advice or in any legal pro­ceedings.

(3) Appoint and fix the compensation of all necessary agents and inspectors to carry out

SEA ISLAND COTTON LAW §579.12

and enforce the provisions of this chapter; (4) Make. or cause to be made, all neces­

sary surveys and inspections in connection with the provisions of this chapter;

(5) Refer to proper officers, charged with the enforcement of the criminal or civil laws of this state, such facts as may come to his attention concerning violations of this chapter;

(6) Make, or cause to be made, studies and investigations, in any county in the state, that might aid in the increased planting of sea island cotton in the state and in the promo­tion of this industry in the state.

Provided, however, that the enumeration of specific powers in this section shall not be construed to limit or circumscribe said com­missioner of agriculture in the exercise of all lawful and reasonable power in and about the administration . and enforcement of the pro­visions of this chapter.

Hlstory.-§11, ch. 17808, 1937; §1, ch. 19017, 1939; CGL 1940 Supp. 4151(438).

579.10 Only sea island cotton may be planted; penalties.-It is unlawful for any per­son to plant, cultivate, or produce within any such cotton production control district any seed or plant,s of any variety, kind, type, or species of cotton, other than seed or plants of the type known as sea island .cotton. Within the meaning of this chapter, no cotton shall be deemed sea island cotton unless having a staple of not less than one and one-half inches in length. Any person found guilty of any vio­lation of the provision of this section shall be deemed guilty of a misdemeanor; and, upon conviction thereof, shall be punished by a fine of not more than two hundred dollars, or by imprisonment not exceeding thirty days; pro­vided, however, that the punishment in this section provided, shall not be deemed or con­strued to prevent or to limit other provisions of this chapter relating to violations hereof.

History.-§10, ch. 17808, 1937; CGL 1940 Supp. 8135(31) . ct.-§775.06, Alternative punishment.

579.11 Construction of chapter.-It is the intention of the legislature that the provisions of this chapter be liberally 'construed to effect the purpose hereof.

Hlstory.-§14, ch. 17808, 1937 ; CGL 1940 Supp. 4151 (440).

579.12 Expired.-History.-§12, ch. 17808, 1937; §2, ch. 19017, 1939 ; CGL

1940 Supp. 4151(439); §1, ch. 20421, 1941; am. §1, ch. 22029, 1943.

Expired.

§580.01 COMMERCIAL FEEDS 2104

CHAPTER 580 COMMERCIAL FEEDS

580.01 Commercial feeds defined. 580.02 Registration of manufacturers and sellers

of commercial feeds. 580.03 Labeling or tagging of commercial feeds. 580.04 Standards of commercial feeds to be fixed . 580.05 Powers of commissioner of agriculture as

to brands and trade names. 580.06 When commissioner of agriculture may

prohibit sales of feeds. 580.07 Powers of commissioner of agriculture in

making inspections, etc. 580.08 Rules and regulations; enforcement. 580.09 Employment of help and assistants. 580.10 Submission of samples of commercial feeds

for analysis. 580.11 Method of selecting samples for analysis.

580.01 Commercial feeds defined. - The term "commercial feeds" shall be held to include all materials used for feeding domestic animals or birds, except the following:

(1) Unmixed whole seeds or grain, as defined by U. S. grain standards.

(2) Whole hays, straws, cottonseed hulls, stover and silage, when unmixed with other materials. Provided, however, hays, straws, stover, silage, or similar materials, when ground, either mixed or unmixed, and cottonseed hulls when ground and unmixed, shall constitute com­mercial feeds and be registered and tagged accordingly. Such products, when sold as com­mercial feeds, shall meet the standards fixed by the commissioner of agriculture. Provided further that it shall be unlawful to sell, offer or expose for sale in this state mixed commercial f eeds containing cottonseed hulls, sugar cane bagasse, rice hulls or chaff, peanut shells, corn cobs, corn shucks or any materials of little or no nutritive value.

Hlstory.-§1, ch. 19171, 1939; CGL 1940 Supp. 4151(520); §1 , ch . 20932, 1941.

580.02 Registration of manufacturers and sellers of commercial feeds.-Before any per­eon shall sell, offer or expose for sale, trans­port or distribute in this state, any brand of commercial feed, he or they shall make appli­cation for registration and file with the com­missioner of agriculture a certified copy of the statement as specified in §580.03 for each brand of commercial feed; said application shall be accompanied by a copy of the label or tag of the commercial feed to be registered in this state. If such application for registra­tion, upon examination by . the state chemist, appears to meet the requirements of this chap­ter, the commissioner of agriculture shall is­sue a certificate of registration for such brand of commercial feed, which registration shall expire December 31 following its date of is­suance.

Hlstory.-§2, ch. · 19171, 1939; CGL 1940 Supp. 4151(521).

580.03 I .. abeling or tagging of commercial feeds.-All manufacturers, importers, jobbers, firms, associations, corporations or persons, be­fore selling or offering for_ sale or transporting

580.12 Duty of state chemist as to commercial feeds.

580.13 Analytical work. 580.14 Inspection fees for commercial feeds. 580.15 Inspection tags or stamps;· duty to use. 580.16 Inspection tags and stamps; duty to fur-

nish. 580.17 Counterfeiting or re-use of tags or stamps. 580.18 General inspection fund. 580.19 Injunctions to prevent violations of ·chapter. 580.20 Right of action for adulterated, deficient,

· etc., feeds; measure of damages. 580.21 Duties and procedure upon discovery of

violation of this chapter; seizure of feeds. 580.22 Penalties for violations of this chapter.

in this state any brand of commercial feed, shall have attached to each bag, package, carton, or have delivered with each bulk lot, a statement, hereafter referred to as the label or tag, clearly and legibly printed in the English language which fully and truly gives the following:

(1) The net weight of the contents of the package, bag, carton or bulk lot.

(2) The brand or trade name of the feed. (3) The name and principal address of the

manufacturer or person responsible for placing the commodity on the market.

( 4) The minimum percentage of crude pro-tein.

(5) The minimum percentage of crude fat. (6) The maximum percentage of crude fiber. (7) The name of each ingredient used in its

manufacture, and the minimum or maximum percentage of added minerals as required by regu­lation.

Provided, that the official names of all mate­rials which have been so defined by the associa­tion of American feed control officials shall be used in the declaration of the names of ingre­dients.

Hlstory.-§3, ch. 19171, 1939; CGL 1940 Supp. 4151(522); §2, ch. 20932, 1941.

580.04 Standards of commercial feeds to be fixed.-The commissioner of agriculture shall fix the standards which all commercial feeds shall meet before being sold in this state, which· standards shall be in conformity with the definitions and standards adopted by the association of southern feed control officials. Each and every person manufacturing, selling, transporting or distributing in this state any commercial feeds to be used for mixing pur­poses in feeds designed for resale only shall be exempted from the paYn1ent of the inspec­tion tax, provided the said feed is labeled or tagged with the information as required in §580.03, and in addition:

(1) A declaration that such feed is to be used for mixing purposes only.

(2) That the inspection tax is not to be paid thereon.

Hlstory.-§4, ch. 19171, 1939; CGL 1940 Supp. 4161(t;28).

2105

580.05 Powers of commissioner of agricul­ture as to brands and trade names.-The com­missioner of agriculture may refuse to register any commercial feed under a brand or trade name which would be misleading or deceptive, or which would tend to mislead or deceive as to the materials of which it is composed, or when the recognized official names of each and all ingredients used in its manufacture are not stated. He may also refuse to register more than one commercial feed under the same brand name whether offered by the same man­ufacturer or another manufacturer. Should any commercial feed be registered in this state, and it is afterward discovered that such reg­istration was in error or is in violation of any of the provisions of this chapter, the com­missioner of agriculture may cancel such reg­istration. The commissioner of agriculture may refuse to allow any person to lower the guaranteed analysis or change the ingredients · of any brand of his commercial feed during the term for which· registered, unless satisfac­tory reasons are presented to the commission­er of agriculture for making such change.

Hlstory.-§11, ch. 19171, 1939; CGL 1940 Supp. 4151(530).

580.06 When commissioner of agriculture may prohibit sales of feeds.-Where the com­missioner of agriculture, his deputies or in­spectors find commercial feeds which are held for sale and not properly registered, or such feeds are not stamped, designated or labeled as required by this chapter, or said feeds are damaged or adulterated or otherwise injur­ious for animals' consumption, the said com­missioner, deputies or inspectors may place a stop-sale notice on said feeds until the offend­ing party has complied with the chapter.

History.-§13, ch. 19171, 1939; CGL 1940 Supp. 4151(632).

580.07 Powers of commissioner of agricul­ture in making inspections, etc.-The commis­sioner of agriculture is authorized in person or by deputy to have free access during regu­lar business hours to all places of business, mills, buildings, trucks, cars, vessels and par-

. eels of whatsoever kind used in this state in the manufacture, transportation, importation, sale or storage of any commercial feed, and shall have the power and authority to open any parcel containing commercial feeds and to take samples therefrom for analysis, in the manner prescribed in §580.11 and said commis­sioner of agriculture may cause to be analyzed annually at least one sample so taken of every commercial feed found, sold, offered or ex­posed for sale in this state.

History.-§12, ch. 19171, 1939; CGL 1940 Supp. 4151(531).

580.08 Rules and regulations; enforcement. -The commissioner of agriculture is empow­ered to enforce the provisions of this chapter, and to prescribe and enforce administrative rules, regulations and standards, which shall be in harmony with the provisions of this chap­ter.

Hldory.-§18, ch. 19171, 1939; CGL 1940 Supp. 4151(686).

COMMERCIAL FEEDS §580.11

580.09 Employment of help and assistants. -The commissioner of agriculture may employ all help necessary to carry out and enforce the provisions of this chapter and may designate any employee of the department of agriculture to perform any duties necessary to carry out the terms of this chapter. All expenses and salaries shall be paid out of the general in­spection fund.

Hlstory.-§19, ch. 19171, 1939; CGL 1940 Supp. 4151(537).

580.10 Submission of samples of commer­cial feeds for analysis.-Any person purchas­ing any commercial feed from any manufac­turer or vendor in this state for his own use, such person being a citizen of this · state, may submit fair samples of the said commercial feed to the commissioner of agriculture -for analysis by the state chemist. But in order to protect the manufacturer or vendor from the submission of spurious samples for analysis, the person selecting the same shall do so in the presence of two or more disinterested per­sons, which sample shall be taken from one or more packages, placed in a bottle or can, along with a tag from one of the bags sam­pled, and sealed in the presence of said wit­nesses, and this sample package, bottle or can, placed in the hands of a disinterested person, who shall forward the same, at the expense of the purchaser, to the commissioner of agricul­ture, and upon the receipt by him of such sample, the commissioner of agriculture may require the state chemist to analyze the same, and he shall return to such purchaser a cer­tificate of analysis. The certificate shall in all cases set forth the component parts of said commercial feed, with their respective quanti­ties, dates of analysis, and the name of the person submitting the samples, and to be signed by the state chemist, who shall keep an accurate account of the same, and the said certificate or record, when verified by the affi­davit of the state chemist, shall be competent evidence in any court of law or equity in this state.

History.-§9, ch. 19171, 1939; CGL 1940 Supp. 4151(628) •

580.11 Method of selecting samples for analysis.-No action shall be maintained for a violation of the provisions of this chapter, based upon an analysis of a sample from less than ten separate original packages, unless there be less than ten separate original pack­ages in the lot, in which case portions for the official sample shall be taken from each orig­inal package; if the commercial feed is in bulk, portions shall be taken · from not less than ten different places in the lot; provided, that this does not exclude sampling in bulk when not exposed sufficiently to take portions from ten different places, in which case por­tions are to be taken from as many places as practicable. If the sample thus procured is larger than is required, it shall be thoroughly mixed and quartered until a sample of suitable size remains. Said sample, if requested, shall be divided into two parts, and shall be placed

§580.12 COMMERCIAL FEEDS

in suitable containers and sealed, one of said containers so sealed, if requested, shall be de­livered to the person apparently in charge of such feeds. In sampling canned or small pack­aged goods, one entire can or small package from each twenty or less in the lot shall be deemed sufficient for examination; the said state chemist shall analyze, or cause to be ana­lyzed, the sample so collected, and the result of such analysis, together with such additional information as the said state chemist may deem advisable, shall be promptly transmitted to the manufacturer and to the dealer or per­son in whose possession the product was sam­pled, and may be published in reports or bul­letins from time to time. The manufacturer or person responsible for the placing of any com­modity so sampled upon the market, or the dealer or person in whose possession the feed was found, shall, upon request to the state chemist within ten days after report is mailed, be furnished with a portion of the official sam­ple. The methods of analysis shall be those in -effect at the time by the association of official agricultural chemists of North America.

Hlstory.-§14, ch. 19171, 1939; CGL 1940 Supp. 4151(533).

580.12 Duty of state chemist as to commer­dal feeds.-The state chemist shall analyze samples of commercial feeds drawn by duly authorized inspectors of the state department -of agriculture under the direction of the com­missioner of agriculture, from any brand of commercial feed offered for sale in this state which may be in the possession of any manu­facturer, dealer or person using or offering the same for sale, samples not to exceed one pound each in weight. In case any manufacturer shall request another analysis, then the sam­ple, at the request of any manufacturer, shall be sent to any chemist whom the commissioner <>f agriculture, state chemist and manufacturer shall agree upon.

History.-§6, ch. 19171, 1939; CGL 1940 Supp. 4151(525).

580.13 Analytical work.-The necessary an­alytical work for the enforcement of this chap­ter shall be done by the state chemist, or as­sistant state chemists.

Hlstory.-§17, ch. 19171, 1939; CGL 1940 Supp. 4151(535) .

580.14 Inspection fees for commercial feeds. -Every manufacturer, importer, dealer, agent <>r seller, of any commercial feeds, shall pay to the state treasurer a fee of twenty-five cents for each and every ton offered for sale in the state; provided, that when the manufacturer or importer shall have paid the fees herein required for any person acting as agent or seller for any manufacturer or importer, such agent or seller shall not be required to pay the fee named in this section; and any manufac­turer, importer or dealer, who shall fail to pay the inspection fee provided for in this sec­tion, shall be guilty· of a misdemeanor, and upon conviction thereof, shall be punished as provided in this chapter.

Hlstory.-§5, ch. 19171, 1939; CGL 1940 Supp. 4151(524), 8135(50).

2106

580.15 Inspection tags or stamps; . duty_ to use.-Every person, before selling any com­mercial feeds in this state shall attach or cause to be attached to each bag, barrel or package thereof, one of the tags or stamps described in this chapter, which shall desig­nate the brand name, the net weight, and the guaranteed analysis of the commercial feed in the bag, barrel or package; this tag or stamp shall show evidence of the registration of the feed and the payment. of the inspection fee required by this chapter. Any person who shall sell any package of commercial feed which has not been t-agged or stamped as here­in provided, or upon which a stop-sale notice has been attached, shall be deemed guilty of a misdemeanor and, upon conviction · thereof, shall be punished as provided in §580.22.

Hlstory.-§5, ch. 19171, 1939 ; CGL 1940 Supp. 4151(524), 8135(51). .

· 580.16 Inspection tags and stamps; duty to furnish.-The commissioner of agriculture shall furnish the manufac'turers, dealers or importers of commercial feeds with stamps or tags to be attached to each package of commer­cial feed sold or used in this state. Such stamps or tags shall be printed in such form as may be prescribed by the commissioner of agriculture and shall be furnished at cost plus inspection fee when required under this chap­ter.

Hlstory.-§7, ch. 19171, 1939; CGL 1940 Supp. 4151(526) .

580.17 Counterfeiting ()r re-use of tags or stamps.-Any person who shall counterfeit, or use a counterfeit of a tag or stamp required in this chapter or who shall use such tag or stamp a second time after the said tag or stamp shall have been attached once, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined as provided in §580.22.

Hlstory.-§5, ch. 19171, 1939; CGL 1940 Supp. 4151(524), 8135(52) .

580.18 General inspection fund. - Each manufacturer of, or dealer in, commercial feeds shall forward the money for commercial feed stamps or tags with his letter of request to the commissioner of agriculture, who shall promptly transmit said money to the state . treasurer, who shall place such funds to the credit of the general inspection fund. Said letter of request shall contain the statement of tons of commercial feed for which stamps are requested, and tlie number of packages con­tained in each ton.

Hlstory.-§8, ch. 19171; 1939; CGL 1940 Supp. 4151(527).

580.19 Injunctions to prevent violations of chapter.-The attorney general and the several state attorneys, when requested by the com­missioner of agriculture, shall enjoin any per­son, resident or nonresident, from manuf-ac­turing, transporting or selling or soliciting orders for the sale of commercial feed in this state without complying with the provisions of this chapter, said injunction to be without bond or advanced costs.

Hlstory.-§5, ch. 19171, 1939; CGL 1940 Supp. 4151(524).

2107

580.20 Right of action for adulterated, de­ficient, etc., feeds; measure of damages.-Any person purchasing any commercial feed from any manufacturer or vendor who shall discover that he has been defrauded by reason of adul­teration, or deficiency of constituent elements, either in quality or quantity, in the commer­cial feed 'so purchased, or who shall have puz:­chased moldy or damaged feeds, or feeds mixed or adulterated with any substance injurious to the health of liv~stock, domestic animals or poultry, shall recover in any action he may in­sti'tute, upon proof of the fact, twice the amount paid to or demanded by the manufac­turer or vendor of the commercial feed so pur­chased. But in all cases where the vendor is an agent of the manufacturer, or sub-agent of such agent, the judgment of the court shall be rendered against the manufacturer. In case any purchase be made from any manufacturer, or agent of any person residing out of the State of Florida, manufacturing, compounding or furnishing for sale, any commercial feed, the purchaser thereof may, at his option, proceed by attachment against such property, rights, or credits of the person selling, manufacturing, compounding or furnishing said commercial feed; when such property, rights or credits, can be found within the limits of the state.

Hlstory.-§10, ch. 19171, 1939; CGL 1940 Supp. 4151(529).

580.21 Duties and procedure d'pon discov­ery of violation of this chapter; seizure of feeds.-If it shall appear from the examina­tion of any sample of feed or other evidence that any of the provisions of this chapter have been violated, the commissioner of agriculture, inspectors or employees shall immediately place a stop-sale or a stop-use notice upon any remaining part of the feed represented by said sample, and shall cause notice of such viola­tion to be given to the manufacturer, dealer or the possessor of said feed from whom the said sample was taken ; any party so notified shall be given an opportunity to be heard un­der such rules and regulations as may be pre­scribed by tl!e commissioner of agriculture. After such hearing, if it appears that any of the provisions of this chapter have been vio­lated, the commissioner of agriculture shall certify the facts to the proper prosecuting at­torney and furnish that officer with a copy of the results of the analysis or other examina­tion of such sample, duly authenticated by the analyst or other officer making the examination, under the oath of such officer; provided, how­ever, in the case of the possessor of such feeds, no criminal charge shall be made, but the feeds shall be seized by the commissioner, inspector or employees and delivered to the sheriff of the county where seized, who shall sell the said feeds at public auction and, after paying expenses incident to the said sale, shall remit the remainder to the state treasurer to be placed to the credit of the general inspection fund.

. Hls~ory.-§15, ch. 19171, 1939; CGL 1940 Supp. 4151(534).

:coMMERCIAL FEEDS . §5~~}.~_2

580.22 Penalties for violations of this chap­ter.-Any manufacturer, importer, jobber, firm, association, corporation or person who shall sell, offer or expose for sale, or transport in this state, any commercial feeds without having at­tached thereto such tax stamps or tags as re­quired by the provisions of this chapter, or who shall use the required tax stamps or tags a second time, or use a counterfeit of such tax stamps 0r tags, or use a stamp or tag not directly acquired from the commissioner of agriculture, or who shall sell, assign or transfer a stamp or tag to another, without written permission of the com­missioner of agriculture, or who shall impede, ob­struct, hinder or otherwise prevent or attempt to prevent said commissioner of agriculture, or his authorized agent, in the performance of his duty in connection with the provisions of this chapter, or who shall sell, offer or expose for sale or distribute in this state any commercial feeds as defined in this chapter without com­plying with the requirements of this chapter, or who shall sell, offer or expose for sale or transport in this state, any commercial feed which contains a smaller percentage of crude protein or crude fat, or a larger percentage of crude fiber than is certified to be contained therein, or who shall fail to· properly state the name of each and every ingredient used in its manufacture, or who shall sell any commercial feed which carries any false or misleading statements upon or attached to the package, or if a false or misleading statement regarding its feeding value is made on the pack­age by the corporation, firm or individual regis­tering said commercial feed, or if the number of net pounds set forth upon the · package is not correct, or who shall violate any other provision of this chapter, shall be deemed guilty of a mis­demeanor and upon conviction thereof shall be fined not more than fifty dollars for the first violation and not less than fifty dollars nor more than two hundred and fifty dollars for each sub­sequent violation. Any manufacturer, importer, jobber, firm, association, corporation or person who shall sell, or transport any adulterated feeds, or feeds lacking in constituent elements guaran­teed in the registration of such feeds, or any feeds mixed or adulterated with any substance or sub­stances injurious to the health of live stock or poultry shall be deemed guilty of a misdemeanor and, after conviction on said charge, in addition to the penalty provided in this section, the lot of feeds shall be seized by the sheriff of the county in which found and held until after trial and should the defendant be adjudged guilty, the feeds shall be sold by the sheriff or destroyed as the trial judge shall determine, the proceeds from such sale to be sent by the sheriff to the state treasury and credited to the general inspection fund. The court may, in its .discretion, release the feeds so seized when the requirements of this chapter have been complied with, and upon pay­ment of all costs and expenses incurred by the state in any proceedings connected with such seizure.

Hl.story.-§16, ch. 19171, 1939; IS, ch. 20982, 1941; CGL 1940 Supp. 8135(49) •

1581.01 STATE PLANT BOARD 2108

CHAPTER 581 STATE PLANT BOARD

581.01 State plant board. 581.02 Duty and authority of board. 581.03 Rules and regulations. 581.04 Review for person affected. 581.05 Introduction of injurious disease. 581.06 Information to board. 581.07 Quarantines.

581.01 State plant board.-The state plant board, called the board in this chapter, shall be composed of five members who shall be the same persons who constitute the board of control of Florida, and all of the authority gra.nted to the board and all the duties re­quired of said board shall be exercised and performed by the members of the board of con­trol, acting as the state plant board. A ma­jority of the members of the board shall constitute a quorum for all purposes. The chairman of the board shall be selected an­nually by the members thereof. They shall be provided with a suitable office or offices at the University of Florida where the meet­ings of the board may be held and its records shall be kept.

:instory.-§3, ch. 12291, 1927; CGL 3832.

581.02 Duty and authority of board.-The board shall protect the agricultural and hor­ticultural interests of the state from insect pests and diseases, and to that end it shall:

(1) Inspect, or cause to be inspected by · duly authorized employees, plants, plant prod­ucts or other things and substances that may, in their opinion, be capable of disseminating or carrying insect pests and diseases, and for this purpose shall have power to enter into or upon any place and to open any bun­dle, package or other container containing, or thought to contain, plants or plant products or other things capable of disseminating or carrying insect pests or diseases; (2) Carrr on investigations of methods of control, eradi­cation and prevention of dissemination of in­sect pests and diseases, and for that purpose may employ the necessary experts and may rent, lease or purchase the necessary land when required for this purpose; (3) Supervise or cause the treatment, cutting and destruction of plants when necessary to prevent or con­trol the dissemination of insect pests and dis­eases or to eradicate same and to prescribe rules and regulations therefor; ( 4) Inspect, or cause to be inspected, all nurseries in the state at such intervals as they may deem best, and they shall have plenary power to make all such rules and regulations governing nur­series and the movement of nursery stock therefrom or the ·introduction of nursery stock therein as they may deem necessary in the eradication, control or prevention of the dis­semination of insect pests and diseases; (5) Make rules and regulations to govern the sale and distribution of nursery stock by dealers and agents; (6) Provide rules and regulations under which nursery stock may

581.08 Nursery stock; sale .• etc. 581.09 Penalties for violations. 581.10 Principal responsible for agent, etc . 581.11 Annual appropriation. 581.12 Board a body corporate. 581.13 Boll weevil control. 581.14 Definitions.

be brought into this state from other states, territories and foreign countries; (7) Make such rules and regulations with reference •to plants and plant products while in transit through this state as may be deemed neces­sary to prevent the introduction into and dissemination within this state of injurious plant pests and diseases; (8) Demand of any person who has plants or plant products or other things likely to carry insect pests and diseases in his possession to give full infor­mation as to the origin and source of same, and it shall be a misdemeanor for such per­son to refuse to give the information de­manded, if able to do so; (9) Declare a dan­gerous insect pest or disease to be public nuisance as well as any plant or other thinJ;r infested or infected therewith or that has been exposed to infestation or infection and therefore likely to communicate same; (10) Declare a q111arantine against any area, place, nursery, grove, orchard, county or counties within this state, other states, territories, for­eign countries or portion thereof in reference to dangerous insect pests or diseases and prohibit the movement within this state or any part thereof, or the introduction into this state from other states, territories or foreign countries of all plants, plant products or other things from such quarantined places or areas which are likely to carry such dangerous in­sect pests and diseases if such quarantine be determined, after due investigation, to be nec­essary in order to protect the agricultural and horticultural interests of this state. In such cases the quarantine may be made absolute, or rules and regulations may be' adopted pre­scribing the method and manner under which the prohibited articles may be moved into or within, sold or otherwise disposed of in this state; (11) Intercept and inspect while in transit, or after arrival at destination, all plants, plant products or other things likely to carry insect pests and diseases bei.ng moved in this state or brought into this state from another state, territory or foreign country, and if upon inspection the same be found to be infested or infected with an injurious insect pest or disease or if such material is believed to be likely to communicate or transmit same or is being transported in violation of any of the rules and regulations of the board, then said plants, plant products or other things may be treated when necessary and released, re­turned to the sender or destroyed, such dis­position to be determined under rules and reg­ulations to be prescribed by the board; (12) Purchase all necessary materials, supplies, of-

2109

fice and field equipment and other things and make such other expenditures as niay be es­sential and necessary in carrying out the pro­visions of this chapter within the limits of the amount appropriated by law; (13) Appoint such assistants, inspectors and other employees as may be required, and prescribe their duties and fix their compensation, delegate to such assistants, inspectors and other employees such powers and authority as may be deemed proper within the limits of the powers and authority conferred .upon the board by this chapter; (14) Enter into cooperative arrangements with any person, municipality, county and other de­partments of this state, and boards, officers and authorities of other states and the United States for inspection with reference to insect pests and plant diseases and for the control and eradication thereof and contribute a just proportionate share of the expenses incurred under such arrangements; (15) Publish at regular intervals, to be determined by them, an official organ of the board for public dis­tribution and may from time to time publish and distribute to the public such further in­formation as may be deemed necessary; (16) Enforce the provisions of this chapter and the rules and regulations made pursuant thereto by writ of injunction in the proper court as well as by criminal proceedings. The attor­ney general, the state attorneys, prosecuting attorneys, county solicitors, and all public prosecutors in ea~h county shall represent the board when called upon to do so. The board in the discharge of its duties and in the en~ forcement of the powers herein delegated may employ counsel, send for books and papers, administer oaths and hear witnesses, and to that end the various sheriffs throughout the state shall serve all summonses and other papers upon request of said plant board.

History.-§4, ch. 12291, 1927; CGL 3833.

581.03 Rules and regulations.- All rules and regulations made by the board shall be promulgated by publishing same in the official organ of the board, or by giving such other reasonable public notice as may be prescribed by the board; provided that in case of emer­gency where it is necessary to place a quaran­tine to take effect immediately, the promulga­tion may be made by proclamation of the gov­ernor on the request of the board. Printed copies of all acts, rules, regulations, quaran­tines or notices of the board which shall be published under the authority of the board shall be admitted as sufficient evidence of such acts, rules, regulations, quarantines or notices in all courts and on all occasions what­soever; provided the correctness of such copies be certified by the chairman of the board.

Hlstory.-§5, ch. 12291, 1927; CGL 3834.

581.04 Review for . person affected. - Any person affected by any rule or regulation made or notice given pursuant to this chapter may have a review thereof by the board for the purpose of having such rule, regulation or

STATE PLANT BOARD §581.09

notice modified, suspended or withdrawn. Such review shall be allowed and considered and the cost thereof fixed, assessed, collected and paid in such manner and in accordance with such rules and regulations as may be pre­scribed by the board.

Hlstory.-§6, ch. 12291, 1927; CGL 3835.

581.05 Introduction of injurious disease.­The introduction into this state of any live insect or specimen of any disease injurious to plants, except under a special permit issued by the board is prohibited.

Hlstory.-§7, ch. 12291, 1927; CGL 3836.

581.06 Information to board.-Any person, including common carriers, who re\!eives plants, plant products or other things soia, given, away, carried, shipped or delivered for car­riage or shipment within this state, as to which provisions of this chapter and the rules and regulations made pursuant thereto have not been complied with, shall immediately in­form the board or an inspector thereof and isolate and hold the said plant, plant product or other thing unopened or unused subject to

·such inspection or other disposition as may be provided by the board.

Hlstory.-§8, ch. 12291, 1927; CGL 3837.

581.07 Quarantines. - Whenever the board under the provisions of this chapter shall de­clare a quarantine against any place, nursery, grove, orchard, or county of this · state, other states, territory or foreign countries as to a dangerous insect pest or disease, it is unlawful thereafter until such quarantine is removed for any person to introduce into this state, or to move, sell or otherwise dispose of within this state any plant, plant product or other thing included in such quarantine, except un­der such rules and regulations as may be pre­scribed by the board.

History.-§9, ch. 12291, 1927; CGL 3838.

581.08 Nursery stock; sale, etc.-It is un­lawful for any nurseryman, dealer or agent to sell, give away, carry, ship or deliver for carriage or shipment any nursery stock except in compliance with the provisions of this chap­ter and the rules and regulations made pur­smmt thereto.

Hlstory.-§10, ch. 12291, 1927; CGL 3839.

581.09 Penalties for violations.-Any per­son who shall violate any provisions or re­quirement of this chapter or of the rules and regulations made thereunder or of any notice given pursuant thereto, or who shall forge, counterfeit, destroy or wrongfully or im­properly use any certificate provided for in this chapter or in the rules and regulations made pursuant thereto, or who shall interfere with or obstruct any inspector or other em­ployee of the board in the performance of his duties, shall be deemed guilty of a misde­meanor and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than five hundred dollars, or

§581.10 STATE PLANT BOARD

by imprisonment for not more than six months. Hlstory.-§11, ch. 12291, 1927; CGL 7854.

cf.-§775.06, Alternative punishment.

581.10 Principal responsible for agent, etc. -In construing and enforcing the provisions of this chapter, the act, omission or failure of any official, agent or other person acting for or employed by any association, partner­ship, corporation o·r other principal within the scope of his employment or office shall in every case be deemed the act, omission or failure of such association, partnership, corporation or other principal as well as that of the individual.

Hlstory.-§12, ch. 12291, 1927; CGL 3840.

581.11 Annual appropriation.-For the pur­pose of carrying out the provisions of this chapter, there shall be appropriated in the bi­ennial appropriation act such sums as may be necessary out of the general revenue fund. All expenditures by the board shall be upon a written voucher drawn by the board in duplicate stating the nature of such expenditure and the person to whom same shall be made payable, which voucher shall be submitted to the comptroller of the State of Florida and audited and approved by him. U,pon such approval the comptroller shall draw his warrant upon the state treasurer for the payment thereof. No voucher shall be issued or drawn by the board for the payment of any moneys unless the same be approved by said board and countersigned by the chairman and the secretary thereof.

History.-§14, ch. 12291, 1927; CGL 3841. Am. § 134, ch. 26869, 1951. ·

581.12 Board a body corporate.-The state plant board created by this chapter is declared and created a corporate body. The said corpo­ration shall have power to contract and be contracted with and to have and possess all the powers of a body corporate for all purposes necessary for fully carrying out the provisions and requirements of this chapter. The board shall have a corporate seal to be selected by it. ·

History.-§15, ch. ·12291, 1927; CGL 3842.

581.13 Boll weevil controL-The state plant ~oard of Florida shall investigate, devise and 1mprove Il!eans and methods of controlling the boll weevll and other injurious insects of the cotton crop; shall investigate and devise means

2110'

or methods for preventing or controlling the wilt disease and other diseases affecting the cotton crop; employ the necessary persons for conducting such investigations and publish the results of such investigations and other information pertinent thereto; and shall take such other steps as in its judgment may be necessary or advisable to place such informa­tion in the hands of farmers and other inter­ested citizens.

Hlstory.-§1, ch. 9187, 1923; CGL 3845.

581.14 Definitions.-For the purpose of this chapter, the following terms, when used in this chapter or the rules, regulations and or­ders made pursuant thereto, shall be construe~ respectively, to mean: ·

"Insect Pests and Diseases."-Diseases and insect pests, injurious to plants and plant prod­ucts of this state, including any of the stages of development of such diseases and insect pests.

. "Plants and Plant Products."-Trees, shrubs. vmes, forage and cereal plants, and all other plants, cuttings, grafts, scions, buds and all other parts of plants; and fruit, vegetables. roots, bulbs, seeds, wood, lumber, and all other plant products.

"Nursery Stock."-All plants, trees, shrubs. vines, bulbs, cuttings, grafts, scions, and buds grown or kept for or capable of propagatioa. distribution or sale.

"Nursery.''-Any grounds or premises on or in which nursery stock is grown or propa­gated for sale or distribution.

"Nurseryman."-Any person engaged in the production of nursery stock for sale or distri­bution.

"Dea.ler.''-Any person not a grower of nur­sery stock in this state who buys or otherwise acquires nursery stock for the purpose of re­selling or reshipping independently of any con-trol of the nurseryman. •

"Agent.''-Any person selling or distributing nursery stock under the partial or full control of a nurseryman.

"Places.''-Vessels, railroad cars, automo­biles, and other vehicles, buildings, docks. nurseries, orchards and other premises where plants and plant products are grown, kept or handled.

Hlstory.-§2, ch. 12291, 1927; CGL 3831; am. §7, ch. 2~ 1945. •

2111 SOIL CONSERVATION . §582.03

CHAPTER 582

BOlL CONSERVATION 582.01 Definitions. 582.02 Lands a basic asset of state. 582.03 Consequence of soil erosion. 582.04 Appropriate corrective methods. 582.05 Legislative policy for conservation. 582.06 State soil conservation board. 582.07 Quorum of board; compensation: powers;

etc. 582.08 Additional powers of board. 582.09 Administrative officer of board. 582.10 Creation of soil conservation districts. 582.11 Hearing upon question of creation; notice,

etc. 582.12 Referendum for creation, etc. 582.13 Expenses of referendum. 582.14 Results of referendum; publication, etc. 582.15 Organization of district, etc. 582.16 Addition of territory to district or removal

of territory therefrom.

582.01 Definitions.-Wherever used or re­ferred to in this chapter unless a different meaning clearly appears from the context:

(1) "District" or "soil conservation dis­trict" means a governmental subdivision of

· this state, and a public body corporate and politic, organized in accordance with the pro­visions of this chapter, for the purpose, with the powers, and subject to the restrictions set forth in this chapter.

(2) "Supervisor" means one of the mem­bers of the governing body of a district, elected in accordance with the provisions of this chapter.

(3) "Board" or "state soil conservation board" means the agency created in §582.06.

( 4) "Land owner" or "owner of land" includes any person who shall hold legal or equitable title to any lands lying within a district organized under the provisions of this chapter.

( 5) "Land occupier" or "occupier of land" includes any person, other than the owner, who shall be in possession of any lands lying within a district organized under the pro­visions of this chapter, whether as lessee, renter, tenant, or otherwise.

(6) "Qualified elector" includes any per­son qualified to vote in general elections under the constitution and statutes of this state who, in addition to such qualifications, is a land owner or owner of land as herein defined.

(7) "Due notice" means notice published at least twice, with an interval . of at least seven days between the two publication dates, in a newspaper or other publication of gen­eral circulation within the appropriate area, or if no such publication of general circula­tion be available, by posting at a reasonable number of conspicuous places within the ap­propriate area, such posting to include, where possible, posting at public places where it may be customary to post notices concerning county or municipal affairs generally. At any hearing held pursuant to such notice, at the time and place designated in such notice, ad-

582.17 Presumption as to establishment. 582.18 Election of supervisors for each district. 582.19 Qualifications and tenure of supervisors. 582.20 Powers of districts and supervisors. 582.21 Adoption of land-use regulations. · 582.22 Regulations; contents. 582.23 Performance of work under the regulations

by the supervisors. 582.24 Board of adjustment. 582.25 Rules of procedure of board. 582.26 Petition to board to vary from regulations. 582.27 Review of order by circuit court. 582.28 Cooperation between districts. 582.29 State agencies to cooperate. 582.30 Discontinuance of districts; referendum. 582.31 Certification of results of referendum; dis­

solution. 582.32 Continuance of existing contracts, etc.

journment may be made from time to time without the necessity of renewing such notice for such adjourned dates.

Hlstory.-§3, ch. 18144, 1937; §1, ch. 19473, 1939; CGL 1940 Supp. 4151(474).

582.02 Lands a basic asset of state.-The farm, forest and grazing lands of the State of Florida are among the basic assets of the state and the preservation of these lands is necessary to protect and promote the health, safety, and general welfare of its people; im­proper land-use practices have caused and have contributed to, and are now causing and con­tributing to a progressively more serious ero­sion of the farm and grazing lands of this state by fire, wind and water; the breaking of natural grass, plant, and forest cover has interfered with the natural factors of soil stabilization, causing loosening of soil and ex­haustion of humus, and developing a soil con­dition that favors erosion; the top soil is be­ing burned, washed and blown out of fields and pastures; there has been an accelerated washing of sloping fields: these processes of erosion by fire, wind and water speed up with removal of absorptive topsoil, causing expos­ure of less absorptive and less protective but more erosive subsoil; failure by any landowner or occupier to conserve the soil and control erosion upon his lands causes destruction by burning, washing and blowing of soil and water from his lands onto other lands and makes the conservation of soil and control erosion of such other lands difficult or impossible.

Hlstory.-§2, ch. 18144, 1937; CGL 1940 Supp. 4151(473).

582.03 Consequence of soil erosion.- The consequences of such soil erosion in the form of soil-washing and soil-blowing are the silt­ing and sedimentation of stream channels, reservoirs, dams, ditches, and harbors; the loss of fertile soil material in dust storms; the piling up of soil on lower slopes, and its deposit over alluvial plains; the re­duction in productivity or outright ruin of rich bottom lands by overwash or poor · sub­soil material, sand: deterioration of soil and

§582;04 SOIL CONSERVATION

its fertility, deterioration of crops grown there­on, and declining acre yields despite develop­ment of scientific processes for increasing such yields; loss of soil and water which causes destruction of food and cover for wildlife; a blowing and washing of soil into streams which silts ·over spawning beds, and destroys water plants, diminishing the food supply of fish; a diminishing of the underground water reserve, which causes water shortages, intensifies periods of drought, and causes crop failure; an increase in the speed and volume of r ainfall runoff, causing severe and increasing floods , which bring suffering, disease, and deatn; im­poverishment of families attempting to farm ·eroding and eroded lands; damage to roads, highways, railways, farm buildings, and other property from floods and from dust storms; and losses in navigation, hydroelectric power, municipal water supply, irrigation develop­ments, farming and grazing.

Hlstory.-§2, ch. 18144, 1937; CGL 1940 Supp. 4151(473) .

582.04 Appropriate corrective methods.-To conserve soil resources and control or prevent soil erosion, it is necessary that land-use practices contributing to soil wastage and soil erosion be discouraged and discontinued, and appropriate soil-conserving land~use practices be adopted and carried out; among the pro­cedures necessary for widespread adoption, are the carrying on of engineering operations, such as the construction of terraces, terrace outlets, check-dams, dikes, ponds, ditches, and the like; the utilization of strip cropping, lister ful'rowing, contour cultivating, and contour furrowing; land irrigation, seeding and plant­ing of waste, sloping, abandoned, or eroded lands to water conserving and erosion-prevent­ing plants, trees, and grasses; forestation and reforestation; rotation of crops; soil stabili~ zation with trees, grasses, legumes, and other thick-growing, soil-holding crops; the addition of soil amendments, manural materials and fertilizers for the correction of soil deficiencies or for the promotion of increased growth of soil protecting crops; retardation of runoff by increasing absorption of rainfall; and retire­ment from cultivation of steep, highly erosive areas and areas now badly gullied or other­wise eroded.

Hlstory.-§2, ch. 18144, 1937 ; CGL 1940 Supp. 4151(473) .

582.05 Legislative policy for conservation. -It is the policy of the legislature to provide for the conservation of the soil and soil re­sources of this state, and for the control and prevention of soil erosion, and thereby to pre­serve natural resources, control floods, prevent impairment of dams and reservoirs, assist in maintaining the navigability of rivers and ha~ bors, preserve wildlife, protect the tax base, protect public lands, and protect and promote the health, safety and general welfare of the people of this state.

History.-§2, ch. 18144, 1937; CGL 1940 Supp. 4151(473).

582.06 State soil conservation board.-The state soil conservation board, called the board

2112

in this chapter, shall be composed of five mem­bers who shall be the same persons who con­stitute the board of control, and all of the authority by this chapter granted to the board and all the duties required of said board shall be exercised and nerformed by the members of the board of control, acting as the state soil conservation board. A majority of the mem­bers of the board shall constitute a quorum for all purposes. The chairman of the board shall be selected annually by the members thereof. They shall be provided with a suitable office or offices at the University of Florida, where the meetings of the board may be held and its records shall be kept.

The board shall adopt a seal, which seal shall be judicially noticed, and may perform such acts, hold such public hearings, and pro­mulgate such rules and regulations as may be necessary for the execution of its functions under this chapter.

History.- §4, ch. 18144, 1937; §2, ch. 19473, 1939; CGL 1940 Supp. 4151(475).

582.07 Quorum of board; compensation; powers, etc.-A majority of the board shall constitute a quorum, and the concurrence of a majority in any matter within their duties shall be required for its determination. The members of the board shall receive no com­pensation for their services on the board, but shall be entitled to expenses, including travel­ing expenses, necessarily incurred in the discharge of their duties on the board. The board shall provide for the execution of surety bonds for. all employees and officers who shall be entrusted with funds or property; shall pro­vide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations, and orders issued or adopted; and shall provide for an annual audit of the ac­counts or receipts and disbursements.

H istory.- H . ch. 18144, 1937; §2, ch. 19473, 1939; CGL 1940 Supp. 4151(476).

582.08 Additional powers of board.-The state soil conservation board shall have the following additional duties and powers:

(1) To offer such assistance as may be ap­propriate to the supervisors of soil conservation districts, organized as provided in §582.10, in the carrying out of any of their powers and programs.

(2) To keep the supervisors of each of the several districts organized under the provisions of this chapter informed of the activities and experience of all other such districts, and to facilitate an interchange of advice and experi­ence between such districts and cooperation between them.

(3) To coordinate the programs of the sev­eral soil conservation districts so organized so far as this may be done by advice and consul­tation.

(4) To secure the cooperation and as­sistance of the United States and any of its agencies, and of agencies and counties of this state, in the work of such districts.

2113

(5) To disseminate information throughout the state concerning the activities and programs of the soil conservation districts so organized and to encourage the formation of such districts in areas where their organization is desirable.

Hlstory.-§4, ch. 18144, 1937 ; §2, ch. 19473, 1939; CGL 1940 Supp. 4151 ( 475). ·

582.09 Administrative officer of board.-The state soil conservation board may employ an ·administrative officer and such technical ex­perts and such other agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties, and compensation. The board may call upon the attorney general of the state for such legal services as it may require, or may employ its own counsel and legal staff. It may delegate to one or more of its members, or to one or more agents or employees, such powers and duties as it may deem proper, and the board may furnish information as well as call upon any or all state or local agencies for cooper­ation in carrying out the provisions of this chapter. ·

Hlstory.-§4, ch. 18144, 1937 ; §2, c h . 19473, 1939 ; CGL 1940 Supp. 4151(475).

582.10 Creation of soil conservation dis­tricts.-Any twenty-five owners of land lying within the limits of the territory proposed to b~ organized into a district may file a petition with the state soil conservation board, asking that a soil conservation district be organized to function in the territory described in the petition. Such petition shall set forth:

(1) The proposed name of said district. (2) That there is need, in the interest of

the public health, safety, and welfare, for a soil conservation district to function in the territory described in the petition.

(3) A description of the territory proposed to be organized as a district, which description shall not be required to be given by p1etes and bounds or by legal subdivisions, but shall be deemed sufficient if generally accurate.

( 4) A request that the state soil conser­vation board duly define the boundaries for such district; that a referendum be held within the territory so defined on the question of the creation of a soil conservation district in such t erritory; and that the board determine that such a district be created.

\Yhcr c more than one petition is filed cover­ing parts of the same territory the state soil conservation board may consolidate all or any petitions.

Hlstory.-§5, ch. 18144, 1937 ; §3, ch. 19473, 1939; CGL 1940 S u pp . 4151(476).

582.11 Hearing upon question of creation; notice, etc.-Within thirty days after such a petition has been filed with the state soil con­servation board, it shall cause due notice to be given of a proposed hearing upon the question of the desirability and necessity, in the interest of the public health, safety, and welfare, of the creation of such district, upon the question of the appropriate boundaries to be assigned

SOIL CONSERVATION §582.12

to such district, upon the propriety of the pe­tition and other proceedings taken under this chapter, and upon all questions relevant to such inquiries. All owners and occupiers of land within the limits of the territory described in the petition, and of lands within any territory considered for addition to such described ter­ritory, and all other interested parties, shall have the right to attend such hearings and to be heard. If it shall appear upon the hearing that it may be desirable to include within the proposed district territory outside of the area within which due notice of the hearing has been given, the hearing shall be adjourned and due notice of further hearing shall be given throughout the entire area considered for in­clusion in the district and such further hearing held. After such hearing, if the board shall determine, upon the facts presented at such hearing and upon such other relevant facts and information as may be available, that there is need, in the interest of the public health, safety, and welfare, for a soil conservation dis­trict to function in the territory considered at the hearing, it shall make and record such determination, and shall define, by metes and bounds or by legal subdivisions, the boundaries of such district. In making such determination and in defining such boundaries, the board shall give due weight and consideration to the to­pography of the area considered and of the state, the composition of soils therein, the dis~ tribution of erosion, the prevailing land-use practices, the desirability and necessity of in­cluding within the boundaries the particular lands under consideration and the benefits such lands may receive from being included within such boundaries, the relation of the proposed area to existing watersheds and agricultural regions, and to other soil conservation districts already organized or proposed for organization under the provisions of this chapter, and such other physical, geographical, and economic fac­tors as are relevant, having due regard to the legislative determinations set forth in this chapter. The territory to be included within such boundaries need not be contiguous. If the board shall determine after such hearing, after due consideration of the said relevant facts, that there is no need for a soil conservation dis­trict to function in the territory considered at the hearing, it shall make and record such de­termination and shall deny the petition. After six months shall have expired from the date of the denial of any such petition, subsequent petitions covering the same or substantially the same territory may be filed as aforesaid and new hearings held and determinations made thereon.

HiHtory.- §5. ch. 18144, 1937 ; §3 , ch . 19473, 1939 ; C GL J 940 Su pp . 4151 (476).

582.12 Referendum for creation, etc.-After the board has made and recorded a determin­ation that there is need, in the interest of the public health, safety, and welfare, for the organization of a district in a particular terri­tory and has defined the boundaries thereof,

§582.13 S01L. CONSERVATION

it shall consider . the question whether the operation of a district within such boundaries with the powers conferred upon soil conser­vation districts in this chapter is adminis­tratively practicable and feasible. To assist the board in the determination of such admin­istrative practicability and feasibility, the board, within a reasonable time after entry of the finding that there is need for the organiza­tion of the proposed district and the determina­tion of the boundaries thereof, shall h9ld a ref­erendum within the proposed district upon the proposition of the creation of the district, and cause due notice of such referendum to be given. The question shall be submitted by ballots upon which the words "For creation of a soil conservation district of the lands below described and lying in the county (ies) of ----------------------------• -------------------- ( and ----------------·" and "Against creation of a soil conservation district of the lands below described and lying in the county (ies) of ____ _____________________________ and --------------------------------- " shall appear with a square before each proposition and a direction to insert an X mark in the square before one or the other of said propositions as the voter may favor or oppose creation of such district. ·rhe ballot shall set forth the boundaries of such proposed district as determined by the board. All own­ers of lands lying within the boundaries of the territory, as determined by the state soil conservation board, shall be eligible to vote in such referendum. Only such land owners shall be eligible to vote.

Hlstory.-§5, ch. 18144, 1937; §3, ch . 19473 ~ 1939; CGL 1940 Supp. 4151(476) .

582.13 Expenses of referendum.-The board shall pay all expenses for the issuance of such notices and the conduct of such hearings and referenda, and shall supervise the conduct of such hearings and referenda. It shall issue appropriate regulations governing the conduct of such hearings and referenda, and providing for the registration prior to the date of the referendum of all eligible voters, or prescribing some other appropriate procedure for the de­termination of those eligible as voters in such referendum. ·No informalities in the conduct of such referendum or in any matters relating thereto shall invalidate said referendum or the result thereof if notice thereof shall have been given substantially as provided in §582.12, and said referendum shall have been fairly con­ducted.

Hlstory.- §5, ch. 18144, 1937; §3, c h . 19473, 1939; CGL 1940 Supp. 4151(476).

582.14 Results of referendum; publication, etc.-The board shall publish the result of such referendum and shall thereafter consider and determine whether the operation of the district within the defined boundaries is administrative­ly practicable and feasible. If the board shall determine that the operation of such district is not administratively practicable and feasible, it shall record such determination and deny the vetition. If the board shall determine that the operation of such district is administrative-

2114

ly practicable ·and feasible, it shall record such determination and shall proceed with the or­ganization of the district in the manner herein­after provided. In making such determination the board shall give due regard and weight to the attitude of the owners and occupiers of hinds lying within the defined boundaries, the number of land owners eligible to vote in such referendum who shall have voted, the propor­tion of the votes cast in such referendum in favor of the creation of the district to the total number of votes cast, the approximate wealth and income of the land owners and occupiers of the proposed district, the probable expense of carrying on erosion-control operations with­in such district, and such other economic and social factors as may be relevant to such de­termination having due regard to the legislative determinations set forth in this chapter; pro­vided, however, that the board shall not determine that the operation of the proposed district within the defined boundaries is ad­ministratively practicable and feasible unless at least a majority of the votes cast in the referendum upon the proposition of creation of the district shall have been cast in favor of the creation of such district.

Hlstory.-§5, ch. 18144, 1937; §3, ch. 19473, 1939 ; CGL 1940 Supp. 4151(476) .

582.15 Organization of district, etc.-(1) If the board shall determine that the

operation of the proposed district within the defined boundar ies is administratively prac­ticable and feasible, any five of the petitioners who signed the petition for the creation of the proposed district may present to the secre­tary of state . an application signed by them which shall set for th (and such application need contain n o details other than the mere recitals ) (a) that a petition for the creation of the district was filed with the state soil conservation board pursuant to the provisions of this chapter, and that the proceedings speci­fied in this chapter were taken pursuant to such petition; that the application is being filed in order t o complete' the organization of the district under this chapter; (b) the name which is proposed for the district ; and (c) the location selected by the board to be the prin­cipal office of t he supervisors of the district. The application shall be accompanied by a statement by the state soil conservation board, which shall certify (and such statement need contain no deta il other than the mere recitals) that a petition was filed, notice issued, and hearing held as aforesaid ; that the board did duly determine that there is need, in the in­terest of the public health, safety, and welfare, for a soil conservation district to function in the proposed territory and did define the boun­daries thereof, that notice was given and a referendum held on the question of the crea­tion of such district, and that the result of such referendum showed a majority of the votes cast in such referendum to be in favor of the creation of the district; that thereafter the board did duly determine that the opera-

2115

tion of the proposed district is ·administratively practicable and feasible. The said statement shall set forth the boundaries of the district as they have been defined by the board.

(2) · The secretary of state shall examine the application and statement and, if he finds that the name proposed for the district is not identical with that of any other soil conserva­tion district of this state or so nearly similar as to lead to confusion or uncertainty, he sha:Il receive and file them and shall record them in an appropriate book of record in his office. If the secretary of state shall find that the name proposed for the district is identical with that of any other soil conservation district of this state, or so nearly similar as to lead to con­fusion and uncertainty, he shall certify such fact to the state soil conservation board and to the five petitioners and the petitioners shall thereupon submit to the secretary of state a new name for the said: district not subject to such defects. Upon receipt of such new name, free of such defects, the secretary of state shall record the application and statement, with the name so modified, in an appropriate book of record in his office. The secretary of state shall make and issue a certificate under the seal of the state, of the due organization of the said district, and shall record such certifi­cate with the application and statement. The boundaries of such district shall include the territory as determined by the state soil con­servation board.

(3) After six months shall have expired from the date of entry of a determination by the state soil conservation board that operation of a proposed district is not administratively practicable and feasible, and denial of a peti­tion pursuant to such determination, subsequent petitions may be filed as aforesaid, and action taken thereon· in accordance with the provisions of this chapter.

Hiotory.-§5, ch. 18144, 1937; §3, ch. 19473, 1939; CGL 1940 Supp. 4151(476); am. §7, ch. 22858, 1945.

Am. §1, ch. 25407, 1949. cf.-§582.30, Discontinuance of districts.

582.16 Addition of territory to district or removal of territory therefrom.-Petitions for including additional territory or removing terri­tory within an existing district may be filed with the state soil conservation board, and the pro­ceedings provided for in this chapter in the case of petitions to organize a district shall be ob­served in the case of petitions for such inclusion or removal. The board shall prescribe the form for such petition, which shall be as nearly as may be in the form prescribed in this chapter for peti­tions to organize a district. If the petition is signed by a majority of the land owners of such area, no referendum need be held. In referenda upon petitions for such inclusions or removals, all owners of land lying within the proposed area to be added or removed shall be eligible to vote.

History.-§5, ch. 18144, 1937; §3, ch. 19473, 1939; CGL 1940 Supp. 4151(476).

Am. §2, ch. 25407, 1949.

SOIL CONSERVATION §582.19

582.17 Presumption as to establishment.­In any suit, action or proceeding involving the validity or enforcement of, or relating to, any contract, proceeding, or action of the district, the district shall be deemed to have been estab­lished in accordance with the provisions of this chapter upon proof of the issuance of the afore­said certificate by the secretary of state. A copy of such certificate duly certified by the secretary of state shall be admissible in evi­dence in any such suit, action, or proceeding and shall be proof of the filing and contents thereof.

History.-§5, ch. 18144, 1937; §3, ch. 19473, 1939; CGL 1940 Supp. 4151(476).

582.18 Election of ·supervisors for each dis­trict.-Within thirty days after the date of issuance by the secretary of state of a certi­ficate or organization of a soil conservation district, nominating petitions may be filed with the state soil co.nservation board to nominate candidates for supervisors of such district. The board shall have authority to extend the time within which nominating petitions may be filed. No such nominating petition shall be accepted by the board unless it shall be sub­scribed by twenty-five or more qualified electors of such district. Qualified electors may sign more than one such nominating petition to nominate more than one candidate for super­visor. The board shall give due notice of an election to be held for the election of five supervisors for the district, of whom one shall be elected for an initial term of one year, one for an initial term of two years and three for an initial term of three years. The names of all nominees on behalf of whom such nominat­ing petitions have been filed within the time herein designated, shall appear, arranged in the alphabetical order of the surnames, upon ballots, with a square before each name and a direction to insert an X mark in the square before the five names to indicate the voter's preference. All qualified electors as defined in this chapter residing within the district shall be eligible to vote in such election. The five candidates who shall receive the largest num­ber, respectively, of the votes cast in such election shall be the elected supervisors for such district. The three candidates receiving the highest number of votes, respectively, shall be elected for terms of three years each, the candidate receiving the next highest number of votes shall be elected for a term of two years, and the candidate receiving the next highest number of votes shall be elected for one year. The board shall pay all the expenses of such election, shall supervise the conduct thereof, shall prescribe regulations governing the con­duct of such election and the determination of the eligibility of voters therein and shall pub­lish the results thereof. ·

History.-§6, ch. 18144, 1937; §4, ch. 19473, 1939 ; CGL 1940 Supp. 4151 ( 477).

582.19 Qualifications and tenure of super­visors.-The governing body of the district shall consist of five supervisors, elected as. provided hereinabove.

§582.20 SOIL CONSERVATION

The supervisors shall designate a chairman and may, from time to time, change such designation. The term of office of each super­visor shall be three years, except that two supervisors shall be elected to serve for initial terms of one and two years, respectively, from the date of their election as provided in this chapter. A supervisor shall hold office until his successor has been elected and qualified. The selection of successors to fill an unexpired term, or for a full term, shall be by election by the qualified electors of the district. A major­ity of the supervisors shall constitute a quorum and the concurrence of a majority of the super­visors in any matter within their duties shall be required for its determination. A supervisor shall receive no compensation for his services, but he shall, with approval of the supervisors of the district, be entitled to expenses, includ­ing travel expenses, necessarily incurred in the discharge of his duties.

The supervisors may utilize the services of the county agricultural agents and the facilities of the county agricultrual agents' offices insofar as practicable and feasible and may employ such additional employees and agents, perman­ent and temporary, as they may require, and determine their qualifications, duties and com­pensation. The supervisors may delegate to their chairman, to one or more supervisors, or to one or more agents, or employees such pow­ers and duties as they may deem proper. The supervisprs shall furnish to the sta~e soil con­servation board, upon request, coples of such rules, regulations, orders, contracts, forms and other documents as they shall adopt or employ, and such other information concerning their activities as it may require in the performance of its duties under this chapter.

The supervisors shall provide for the execu­tion of surety bonds for all employees and officers who shall be entrusted with funds or property; shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations, and others issued or adopted; and shall provide for an annual audit ·of the accounts of receipts and disbursements. Any supervisors may be re­moved by the governor of this state upon notice and hearing, for neglect of duty or malfeasance in office, but for no other reason.

The supervisors mllY invite the legislative body of any municipality or county located within or near the territory comprised within the district to designate a representative to advise and consult with the supervisors of the district on all questions of program and policy which may affect the property, water supply, or other interest of such municipality or county.

Hlstory.-§7, ch. 18144; 1937; §5, ch. 19473, 1939; CGL 1940 Supp. 4151(478) .

582.20 Powers of districts and supervisors. -A soil conservation district organized under the provisions of this chapter shall constitute :a governmental subdivision of this state, and :a public body corporate and politic, exercising

2116

public powers, and such district and the super­visors thereof, shall have the following powers, in addition to others granted in other sections of this chapter:

(1) To conduct surveys, investigations, and research relating to the character of soil eros­ion and the preventive and control measures needed, to publish the results of such surveys, in vestigations, or research, and to disseminate information concerning such preventive and control measures; provided, however, that in order to avoid duplication of research activities, no district shall initiate any research program except in cooperation with the government of this state or any of its agencies, or with the United States or any of its agencies;

(2) To conduct demonstrational projects within the district on lands owned or controlled by this state or any of its agencies, with the cooperation of. the agency administering and having jurisdiction thereof, and on any other lands within the district upon obtainmg the consent of the owner and occupiers of such lands or the necessary rights or interests in such lands, in order to demonstrate by example the means, methods, and measures by which soil and soil resources may be conserved, and soil erosion in the form of soil blowing and soil washing may be prevented and controlled;

(3) To carry out preventive and control measures within the district including, but not limited to, engineering operations, methods of cultivation, the growing of vegetation, changes in use of land, and the measures listed in §582.04 on lands owned or controlled by this state or any of its agencies, with the cooper­ation of the agency administering and having jurisdiction thereof, and on any other lands within the district upon obtaining the consent of the owner and the occupiers of such lands or the necessary rights or interests in such lands; .

(4) To cooperate, or enter into agreements with, and within the limits of appropriations duly made available to it by law, to furnish financial or other aid to, any agency, govern­mental or otherwise, or any owner or occupier of lands within the district, in the carrying on of erosion control or prevention operations within the district, subject to such conditions as the supervisors may deem necessary to ad­vance the purposes of this chapter;

(5) . To obtain options upon and to acquire, by purchase, exchange, lease, gift, grant, be­quest, devise, or otherwise, any property, real or personal, or rights or interests therein; to maintain, administer, and improve any proper- . ties acquired, to receive income from such properties and to expend such income in car­rying out the purposes and provisions of this chapter; and to sell, lease, or otherwise dispose of any of its property or interests therein in furtherance of the purposes and the provisions of this chapter;

(6) To make available, on such terms as it shall prescribe, to landowners and occupiers within the district, agricultural and engineering

2117

machinery and equipment, fertilizer, seeds and seedlings, and such other material or equip­ment, as will assist such landowners and occupiers to carryon operations upon their lands for the conservation of soil resources and for the prevention or control of soil erosion;

(7) To construct, improve, and mainta"in such structures as may be necessary or con­venient for the performance of any of the · operations authorized in this chapter;

(8) To develop comprehensive plans for the conservation of soil resources and for the con­trol and prevention of soil erosion within the district, which plans shall specify in such detail as may be possible, the acts, procedures, per­formances, and avoidances which are necessary or desirable for the effectuation of such plans, including the specification of engineering oper­ations, methods of cultivation, the growing of vegetation, cropping programs, tillage prac­tices, and changes in use of land; and to pub­lish such plans and information and bring them to the attention of owners and occupiers of lands within the district;

(9) To take over, by purchase, lease, or otherwise, and to administer, any soil-conser­vation, erosion-control, or erosion-prevention project located within its boundaries under­taken by the United States 'or any of its agencies, or by this state or any of its agencies; to manage, as agent of the United States or any of its agencies, or of the state or any of its agencies, any soil-conservation, erosion-control, or erosion-prevention project within its boun­daries; to act as agent for the United States, or any of its agencies, or for the state or any of its agencies, in connection with the acqui­sition. construction, operation or administration of any soil-conservation, erosion-control, or erosion-prevention project within its boun­daries; to accept donations, gifts, and contribu­tions in money, services, materials, or other­wise, from the United States or any of its agencies, or from this state or any of its agencies, or from others, and to use or expend such moneys, services, materials or other contributions in carrying on its operations;

(10) To sue and be sued in the name of the district; to have a seal, which seal shall be judicially noticed; to have perpetual succession unless terminated as provided in this chapter; to make and execute contracts and other in­struments necessary or convenient to the exercise of its powers; to make, amend and repeal, rules and regulations not inconsistent with this chapter, to carry into effect its pur­poses and powers;

(11) As a condition to the extending of any benefits under this chapter to, or the per­formance of work upon, any lands not owned or controlled by this . state or any of its agencies, the supervisors may require contri­butions in money, services, materials, or other­wise to any operations conferring such benefits, and may require landowners and occupiers to enter into and perform such agreements or covenants as to the permanent use of such

SOIL CONSERVATION §582.21

lands as will tend to prevent or control erosion thereon;

(12) No provisions with respect to the ac­quisition, operation, or disposition of property by public bodies of this state shall be applicable to a district organized hereunder unless the legislature shall specifically so state. The property and property rights of every kind and nature acquired by any district organized un­der the provisions of this chapter shall be exempt from state, county, and other taxation.

History.-§8, ch. 18144, 1937; CGL 1940 Supp. 4161(479); am. §7, ch. 22858, 1945.

582.21 Adoption of land-use regulations.­The supervisors of any district shall have au­thority to formulate regulations governing the use of lands within the district in the interest of conserving soil and soil resources, and pre­venting and controlling soil erosion. The supervisors may conduct such public meetings and public hearings upon tentative regulations as may be necessary to assist them in this work. The supervisors shall not have authori­ty to adopt such land-use regulations until after they shall have caused due notice to be given of their intention to conduct a referen­dum for submission of such regulations to the owners of lands lying within the boundaries of the district, for their indication of approval or disapproval of such proposed regulations, and until after the supervisors have consid­ered the result of such referendum. Copies of such proposed regulations shall be avail­able for the inspection of all eligible voters during the period between publication of such notice and the date of the referendum. The notices of the referendum shall recite the con­tents of such proposed ~egulations, or shall state where copies of such proposed regulations may be examined. The question shall be sub­mitted by ballots, . upon which the words "For approval of proposed land-use regulations for the conservation of soil and prevention of erosion" and "Against approval of proposed land-use regulations for conservation of soil and prevention of erosion" shall appear, with a square before each proposition and a direc­tion to insert an X mark in the square be­fore one or the other of said propositions as the voter may favor or oppose approval of such proposed regulations. The supervisors shall supervise such referendum, shall pre~ scribe appropriate regulations governing . the conduct thereof, and shall publish the result thereof. All owners of lands within the dis­trict shall be eligible to vote in such referen­dum. Only such land owners shall be eligible to vote. No informalities in the conduct of such referendum or in any matters relating: thereto shall invalidate said referendum or the result thereof if notice thereof shall have­been given substantially as herein provided and said referendum shall have been fairly con- , ducted.

The supervisors shall not adopt such pro­posed regulations . ~nless at least a majority of the votes cast III such referendum. aha}]

§582.22 SOIL CONSERVATION

have been cast for approval of the said pro­posed regulations. The approval of the pro­posed regulations by a majority of the votes cast in such referendum shall not be deemed to require the .supervisors to adopt such pro­posed regulations. Land-use regulations adopt­ed pursuant to the provisions of this section by the supervisors of any district shall be binding and obligatory upon all owners and occupiers of land within such districts.

Any owner of land within such district may at any time file ·a petition with the supervisors asking that any or all of the land-use regula­tions adopted by the supervisors under the provisions of this section shall be amended, supplemented, or repealed. Land-use regula­tions adopted pursuant to the provisions of this section shall not be amended, supplement­ed, or repealed except in accordance with the procedure prescribed in this section for adop­tion of land-use regulations. Referenda of adoption amendment, supplementation, or re­peal of iand-use regulations shall not be held more often than once in six months.

Hlstory.-§9, ch. 18144, 1937; CGL 1940 Supp. 4151(480).

582.22 Regulations; contents.-The regula­tions to be adopted by the supervisors under the provisions of this chapter may include:

(1) Provisions requiring the carrying out of necessary engineering operations; including the construction of terraces, terrace outlets, check dams, dikes, ponds, ditches, and other necessary structures;

(2) Provisions requiring observance of par­ticular methods of cultivation including con­tour cultivating, contour furrowing, lister fur­rowing, sowing, planting, strip cropping, changes in cropping systems, seeding, and planting of lands to water-conserving and ero­sion-preventing plants, trees and grasses, for­estation, and reforestation;

(3) Specifications of cropping programs and tillage practices to be observed;

(4) Provisions requiring the retirement from cultivation of highly erosive areas or of areas on which erosion may not be adequately con­trolled if cultivation is carried on;

(5) Provisions for such other means, meas­ures, operations and programs as may assist conservation of soil resources and prevent or control soil erosion in the district, having due regard to the legislative findings set forth in this chapter.

The regulations shall be uniform throughout the territory comprised within the district ex­cept that the supervisors may classify the lands within the district with reference to such factors as soil type, degree of slope, degree of erosion threatened or existing, cropping and tillage practices in use, and other relevant factors, and may provide regulations varying with the type or class of land affected, but uniform as to all lands within each class or type. Copies of land-use regulations adopted under the provisions of this chapter shall be

2118

printed and made available to all owners and occupiers of lands lying within the district.

Hlstory.-§9, ch. 18144, 1937; CGL 1940 Supp. 4151(480).

582.23 Performance of work under the reg­ulations by the supervisors.-The supervisors may go upon any lands within the district to determine whether land-use regulations adopt­ed are being observed. Where the supervisors of any district shall find that any of the pro­visions of land-use regulations adopted are not being observed on particular lands, and that such non-observance tends to increase erosion on such lands and is interfering with the pre­vention or control of erosion on other lands within the district, the supervisors may present to the circuit court for the county or counties within which the lands of the defendant may lie, a petition, duly verified, setting forth the adoption of the land-use regulations, the fail­ure of the defendant land owner or occupier to observe such regulations, and to perform particular work, operations, or avoidances as required thereby, and that such non-observance

· tends to increase erosion on such lands and is interfering with the prevention or control of erosion on other lands within the district, and praying the court to require the defendant to perform the work, operations, or avoidances within a reasonable time and to order that if the defendant shall fail so to perform the su­pervisors may go on the land, perform the work or other operations or otherwise bring the con­dition of such lands into conformity with the requirements of such regulations, and recover the costs and expenses thereof, with interest, from the owner of such land. Upon the pres­entation of such petition the court shall cause process to be issued against the defendant, and shall hear the case. If it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence, or appoint a referee to take such evidence as it may direct and report the same to the court within his findings of fact and conclusions of law, which shall constitute a part of the pro­ceedings upon which the determination of the court shall be made.

The court may dismiss the petition; or. it may require the defendant to perform the work, operations, or avoidances, and may pro­vide that upon the failure of the defendant to initiate such performance within the time spe­cified in the order of ·the court, and to prose­cute the same to completion with reasonable diligence, the supervisors may enter upon the lands involved and perform the work or opera­tions, or otherwise bring the conditions of such lands into conformity with the requirements of the regulations and recover the costs and expenses thereof, with interest at the rate of five per cent per annum, from the owner of such lands.

The court shall retain the jurisdiction of the case until after the work has been completed. Upon completion of such work pursuant to . such order of the court the supervisors mav

2119

file a petition with the court, a copy of which shall be served upon the defendant in the case -statin~ the costs and expenses sustained by them m the performance of the work and pray­ing judgment therefor with interest. The <eourt shall have jurisdiction to enter judg­ment for the amount of such costs and ex­penses, with interest at the rate of five per . .cent per annum until paid, together with the -costs of suit, including a reasonable attor­ney's fee to be fixed by the court.

Hlstory.-·§10, ch. 18144, 1937; CGL 1940 Supp. 4151(481).

582.24 Board of adjustment.-Where the :Supervisors of any district organized under the. provisions of this chapter shall adopt an -ordmanc.e· prescribing land-use regulations .said supervisors shall constitute, and be ex~ -officio members of, a board of adjustment to hear and consider petitions which may be sub­mitted to such board by any land owner in the .district praying for relief from any of the provisions of the said land-use regulations.

History.-§11, ch. 18144, 1937; §6, ch. 19473, 1939; CGL "1940 Supp. 4151(482).

582.25 Rules of procedure of board.-The . board of adjustment shall adopt rules to gov­.ern its procedures, which rules shall be in ac­.cordance with the provisions of this chapter .and with the provisions of any ordinance .adopted pursuant to this chapter. The board shall designate a chairman from among its members, and may, from time to time change .such designation. Meetings of the bo~rd shall be held at the call of the chairman and at .such other times as the board may determine. Any three members of the board shall con­stitute a quorum. The chairman, or in his ab­sence such other member of the board as he may designate to serve as acting chairman, .may administer oaths and compel the attend­ance of witnesses. All meetings of the board .shall be open to the public. The board shall keep a full and accurate record of all pro­ceedings and of all documents filed in its office which shall be a public record. '

History.-§11, ch. 18144, 1937; §6, ch. 19473, 1939; CGL "1940 Supp. 4151(482).

582.26 Petition to board to vary from regu­lations.-Any land owner or occupier may file a petition with the board of adjustment alleg­ing that there are great practical difficulties or unnecessary hardship in the way of his carrying out upon his lands the strict letter -of the land-use regulations prescribed by ordi­nance approved by the supervisors, and pray­ing the board to . authorize a variance from · the terms of the land-use regulations in the application of such regulations to the lands occupied by the petitioner. Copies of such petition shall be filed by the petitioner with the chairman of the state soil conservation board. The board of adjustmE!nt shall fix a time for the hearing of the petition and cause due notice of such hearing to be given. The state soil conservation board shall have the right to appear and be heard at such hear­:ing. Any owner or occupier of lands lying

SOIL CONSERVATION §582.27

within the district who shall object to the authorizing of the variance prayed for may intervene and become a party to the proceed­ings. Any party to the hearing before the board may appear in person, by agent, or by attorney. If, upon the facts presented at such hearing, the board shall determine that there are great practical difficulties or unnecessary hardship in the way of applying the strict let­ter of any of the land-use regulations upon the lands of the petitioner, it shall make and record such determination and shall make and record findings of fact as to the specific con­ditions which establish such great practical difficulties and unnecessary hardships. Upon the basis of such findings and determination, the board shall have power by order to author­ize such variance from the terms of the land­use regulations, in their application to the lands of the petitioner, as will relieve such great practical difficulties or unnecessary hardship and will not be c0ntr:1 ry to the pub­lic interest, and such that the spirit of the land-use regulations shall be observed, the public health, safety, and welfare secured, and substantial justice done .

Hlstory.-§11, ch. 18144, 1937; §6, ch. 19473, 1939; CGL 1940 Supp. 4151(482) .

582.27 Review of order by circuit court.­Any petitioner aggrieved by an order of the board granting or denying, in the whole or in part, the relief sought, or any intervening party, may obtain a review of such order in the circuit court for the county or counties within which the lands of the petitioner may be, by filing in such court a petition praying that the order of the board be modified or set aside. A copy of such petition shall forthwith be served upon the parties to the hearing before the board and thereupon the party seek­ing review shall file in the court a transcript of the entire record in the proceedings, cer­tified by the board, including the documents and testimony upon which the order complain­ed of was entered, and the findings determi­nation, and order of the board. Upo~ such fil­ing, the court shall cause notice thereof to be served upon the parties and shall have jurisdiction of t}Je proceedings and of the questions determined or to be tietermined therein, and shall have power to grant such temporary relief as it deems just and proper, and . to. make and enter a decree enforcing, mod1fymg, and enforcing as so modified or setting aside, in whole or in part, the o~der of the board. No contention that has not been urged before the board shall be considered by the court unless the failure or neglect to urge such contention shall be excused because of extraordinary circumstances. The findings of the board as to the facts, if supported by evi­dence, shall be conclusive. If any party shall apply to the court for leave to produce addi.:. tiona! evidence and shall show to the satis­faction of the court that such evidence is ma­terial and that there were reasonable grounds for the failure to produce such evidence in

§582.28 SOIL ·coNSERVATION

the hearing before the board, the court may order such additional evidence to be taken before the board and to be made a part of the transcript. The board may modify its findings as to the facts or make new findings, taking into consideration the additional evidence so taken and filed, and it shall file such modified or new findings, which, if supported by evi­dence, shall be conclusive, and shall file with the court its recommendations, if any, for the modification or setting aside of its original order. The jurisdiction of the court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to review in the same manner as are other judgments or decrees of the court.

Hlstory.-§11, ch. 18144, 1937; §6, ch. 19473, 1939; CGL 1940 Supp. 4151(482). '

582.28 Cooperation between districts.-The supervisors of any two or more districts or­ganized under the provisions of this chapter may cooperate with one another in the exercise of any or all powers conferred in this chapter.

illstory.-§12, ch. 18144, 1937; CGL 1940 Supp. 4151(483).

582.29 State agencies to cooperate.-Agen­cies of this state which shall have jurisdiction over, or be charged with, the administration of any state-owned lands, and of any county, or other governmental subdivision of the state, which shall have jurisdiction over, or be charged with the administration of, any coun­ty-owned or other publicly owned lands, lying within the boundaries of any district organized under this chapter, shall cooperate to the full­est extent with the supervisors of such dis­tricts in the effectuation of programs and operations undertaken by the supervisors un­der the provisions of this chapter. The super­visors of such districts shall be given free · access to enter and perform work upon such publicly owned lands. The provisions of land­use regulations adopted shall be in all respects observed by the agencies administering such publicly owned lands.

Hlstory.-§13, ch. 18144, 1937; CGL 1940 Supp. 4151(484).

582.30 Discontinuance of districts; referen­dum.-Any time after five years from the or­ganization of a district under the provisions of this chapter, any twenty-five owners of land lying within the boundaries of such district may file a petition with the state soil conser­vation board praying that the operations of the district be terminated and the existence of the district discontinued. The board may conduct such public meetings and public hearings upon petition as may be necessary to assist it in the consideration thereof. Within sixty days after such a petition has been received by the board it shall give due notice of the holding of a referendum, and shall supervise such ref­erendum, and issue appropriate regulations governing the conduct thereof, the question to be submitted by ballots upon which the words "For terminating the existence of the ------------ ---------- - (N arne of the soil conserva­tion district to be here inserted)" and "Against

2120

terminating the existence of the --------------------­(Name of the soil conservation district to be here inserted)" shall appear with a square be­fore each. proposition and a direction to insert an X mark in the square before one or the other of said propositions as the voter may favor or oppose discontinuance of such district. All owners of lands lying within the boundaries of the district shall be eligible to vote in such referendum. Only such land owners shall be eligible to vote. No informalities in the con­duct of such r eferendum or in any matters relating thereto shall invalidate said referen­dum or the result . thereof if notice thereof shall have been given substantially as herein pro­vided and said referendum shall have been fairly . conducted.

If two-thirds or more of the qualified voters in such referendum shall have voted for the discontinuance of the district, the board shall certify to the supervisors of the district the result of such referendum and that the con­tinued operation of the district is not adminis­tratively practicable and feasible.

Hlatory.-§14, ch. 18144, 1937; §7, ch. 19473, 1939; CGL 1940 Supp. 4151(485) . .

582.31 Certification of results of referen­dum; dissolution.-Upon receipt from the state soil conservation board of a certification that the board has determined that the continued operation of the district is not administrative­ly practicable and feasible, pursuant to the provisions of this chapter, the supervisors shall forthwith proceed to terminate the affairs of the district. The supervisors shall dispose of all property belonging to the district at public auction and shall. pay over the proceeds of such sale to be converted into the state treasury, which amount shall be placed to the credit of the state soil conservation board for the purpose of liquidating any legal obliga­tions said district may have at the time of its discontinuance. The supervisors shall there­upon file an application, duly verified, with the secretary of st ate for the discontinuance of such district, and shall transmit with such application the certificate of the state soil con­servation board setting forth the determina­tion of the board that the continued operation of such district is not administratively prac­ticable and feasible. The · application shall recite that the property of the district has been disposed of and the proceeds paid over as in this section provided, and shall set forth a full accounting of such properties and pro­ceeds of the sale. The secretary of state shall issue to the supervisors a certificate of disso­lution and shall record such certificate in an appropriate book of record in his office.

Hlstory.-§14, ch. 18144, 1937; §7, ch. 19473, 1939 ; CGL 1940 Supp. 4151(485).

582.32 C?ntinuance of existing contracts. etc.-Upon Issuance of a certificate of disso­lution all land-use regulations theretofore· adopted and in force within such districts shaH be of no further force and effect. All con­tracts theretofore entered into, to which ~he

2121

district or supervisors are parties, shall re­main in force and effect for the period pro­vided in such contracts. The state soil con­servation board shall be substituted for the district or supervisors as party to such con­tracts. The board shall be entitled to all bene­fits and subject to all liabilities under such contracts and shall have the same right and liability to perform, to require performance, and to modify or terminate such contracts by mutual consent or otherwise, as the super­visors of the district would have had. Such dissolution shall not affect the lien of any judgment entered under the provisions of this chapter, nor the pendency of any action in­stituted under the provisions of this chapter,

•

SOIL CONSERVATION §582.33

and the board shall succeed to all the rights and obligations of the district or supervisors as to such liens and actions. '

The state soil conservation board shall not be required to entertain petitions for the dis­continuance of any district nor conduct ref­erenda upon such petitions nor make determi­nations pursuant to such petitions in accord­ance with the provisions of this chapter, more often than once in five years.

Hlstory.-§14, ch. 18144, 1937; §7, ch. 19473, 1939; CGL 1940 Supp. 4161(485).

582.33 Expired.-Htstor:r.-§§1, 2, 3, ch. 23941, 1947. Expired .

§583.01 CLASSIFICATION AND SALE OF EGGS, POULTRY, ETC. 2122

CHAPTER 583 CLASSIFICATION AND SALE OF EGGS, POULTRY. ETC.

'583.01 583.02 583.03

Definitions. Labeling, marking and advertising eggs. Commissioner of agriculture to fix grades

and standards, etc. 583.04 Promulgation of regulations. 583.05 Powers of commissioner of agriculture in

583.06 583.07 583.08 583.09 583.10

making inspections. Employment of assistants. Egg inspection fee. Sales between dealers. Certification of dealers. Copies of invoices to commissioner of agri­

culture.

583.01 Definitions.-In construing this chapter, where the context

permits, the word, phrase or term: (1) "Dealer" in eggs shall mean any person

selling or offering for sale in this state thirty dozen or more eggs in any one week. "Dealer" in fowl shall mean any person engaged in the business of selling or offering for sale in this state any fowl, in excess of one hundred pounds in any one week, that are free from disease.

(2) "Cold storage eggs" shaH me.an · eggs which have been in cold storage and which meet the grades and standards of qualification set up by the commissioner of agriculture.

(3) "Shipped eggs" shall mean eggs which have bee~ produced outside this state, which meet the grades and standards of qualification set up by the commissioner of agriculture.

(4) "Unclassified eggs" shall mean eggs which have not been in cold storage but which do not meet the grades and standards of quali­fication set up by the commissioner of agricul­ture.

(5) Shell protected eggs shall mean eggs which have been shell treated for the purpose of preserving of the quality thereof.

(6) "Florida eggs" shall mean eggs which have been produced in this state which meet the grades and standards set up by the com­missioner of agriculture.

(7) "Fowl" shall mean all kinds of poultry and shall include chickens, turkeys, ducks, guineas, geese, pigeons and other domesticated food birds.

History.-§1, ch. 16012, 1933; §§1, 2, ch. 16982; §1, ch. 17170, 1935 ; CGL 1936 Supp. 4126(1), 4126(2) , 4151(379); a m . §1, ch. 24106, 1947.

583.02 Labeling, marking and advertising eggs.-It is unlawful for any dealer:

(1) To offer for sale or sell in this state any case of eggs, or partial case of eggs, with­out clearly imprinting thereon or securely past­ing thereto a label not smaller than seven inches by seven inches, on which shall be plainly and legibly printed the name and ad­dress of the packer of said eggs and the classi­fication, grade and standard to which such eggs belong.

(2) To offer . for sale or sell in this state any carton of eggs without clearly designat­ing thereon the classification, grade and stand­ard to which such eggs belong.

583.11 Eggs in interstate commerce excepted. 583.12 Live and dressed poultry. 583.13 Dealers to mark slaughtered fowl as to

583.14 583.15 583.16 583.17 583.18 583.19 583.20

grade. Certification of fowl dealers. Reports of fowl dealers. Interstate shipments exempt. Grades and standards for fowls. Inspection by commissioner. Sale of unsound, etc., fowls prohibited. Penalties for violations of chapter.

(3) To offer for sale or sell eggs in bulk (not in cases or cartons) from any open case, box, basket, or other receptacle holding said eggs in bulk without displaying conspicuously on every such case, box, basket, or other re- . ceptacle a placard or heavy cardboard not smaller than seven inches by seven inches in size, on which shall be legibly and plainly printed in letters not smaller than one inch in height, wording showing whether said eggs offered for sale or sold are "cold storage eggs" (inserti:r;,1g the state of origin), "shipped (in­serting the state of origin) eggs," "Florida eggs," "unclassified eggs" (inserting the state of origin) or "processed eggs" (inserting the state of origin), and also stating the grade and standard to which the eggs contained therein conform.

( 4) To offer eggs for sale in any news­paper advertisement, circular, radio or other form of advertising without plainly designat­ing in such advertisement the classification, grade and standard to which the eggs being offered for sale properly belong.

(5) To use the term "Florida" in connec­tion with the advertisement and sale of eggs not produced in this state.

History.-§2, ch. 16012, 1933; §§2, 3, ch. 16982, 1935; CGL. 1936 Supp. 4126 (2) , 4126 (3) .

583.03 Commissioner of agriculture to fix. grades and standards, etc.-The commissioner of agriculture may determine, establish, and promulgate, from time to time, reasonable· grades and standards of quality for eggs to be sold or offered for sale in the State of Florida, · such as will, in his judgment, promote honest and fair dealing in the interest of the consum­er; and he may alter or modify such grades. and standards of quality from time to time,.. as in his judgment, honest and fair dealing in the interest of the consumer may require· provided, however, that the grades and stand~­ards of quality so fixed by the commissioner· of agriculture shall be based upon require­ments not exceeding the requirements neces-· sary to meet the grades and standards of qual­ity pre~cribed by the United States department of agriCulture, or which may hereafter be· prescribed by such United States department of agriculture, and the tolerance to be allowed' shall be the same as is allowed in each grade,

2123 CLASSIFICATION AND SALE OF EGGS, POULTRY, ETC. §583.12

or standard of quality by the United States department of agriculture.

Hlstory.-§9, ch. 16982, 1935; CGL 1936 Supp. 4126(9).

583.04 Promulgation of regulations.- rhe commissioner of agriculture may make ~nd promulgate such regulations as may be r· ees­sary to carry out the provisions of this ch.· _;ter.

History.-§8, ch. 16012, 1933; §10, ch. 16982, 1935, CGL 1936 Supp. 4126 (10).

583.05 Powers of commissioner of agricul­ture in making inspections.-For the purpose of carrying out the provisions of this chapter, the commissioner of agriculture, individually or through his authorized inspectors or agents, is authorized:

(1) To enter, on any business day, during the usual hours of business, any store, market. or any other building or place where eggs are sold or offered for sale in this state, or to stop and inspect any truck or other vehicle transport­ing eggs to be sold or offered for sale in this state, and to make such examination or inspection as may be necessary; to ascertain whether any of the provisions of this chapter or any rule or regulation duly promulgated hereunder in rela­tion to the sale or offering for sale in this state of any eggs are being violated.

(2) To issue and enforce a stop sale notice or order to the owner or custodian of any lot of eggs which the commissioner or his inspectors or agents find, or have good reason to believe, is in violation of any of the provisions of §§583.01, 583.05, 583.09, 583.12, 583.14, 583.18, 583.20 or any regulation issued hereunder which shall prohibit further sale, barter, exchange or distribution of eggs until the commissioner of agriculture is satisfied that the law has been complied with and has issued a written release or notice to the owner or custodian of such eggs.

History.-§11, ch. 16982, 1935; CGL 1936 Supp. 4126 (11); am. §2, ch. 24106, 1947.

583.06 Employment of assistants.- The commissioner of agriculture may employ such assistants as are necessary to carry out and enforce the provisions of this chapter, such assistants to be paid out of the general in­spection fund.

History.-§12, ch. 16982, 1935;. CGL 1936 Supp. 4126(12).

583.07 Egg inspection fee.-An inspection fee of four cents on each thirty-dozen case of eggs, or its equivalent, is imposed, the same to be collected by the commissioner of agricul­ture and the proceeds thereof to be placed in the general inspection fund of .the department of agriculture. The method and manner of col­lection of such inspec.tion fee, by stamps or otherwise, shall be prescribed by the commis­sioner of agriculture.

History.-§3, ch. 16012, 1933; §4, ch. 16982, 1935; CGL 1936 Supp. 4126 ( 4).

583.08 Sales between dealers.-In the event a dealer who is a holder of a certificate shall sell or consign eggs to another dealer in Flori­da who also holds a certificate, the commis­sioner of agriculture may permit the consignor or original seller to deliver to the consignee

the eggs so sold or consigned without labels or stamps; provided said eggs are accompanied · by proper bill of lading, and provided further that the consignee, immediately upon receipt of such eggs and prior to selling or offering them for sale, shall affix to each case the in­spection stamp and the label required by this chapter.

History.-§5, ch. 16982, 1935; CGL 1936 Supp. 4126(5).

583.09 Certification of dealers.-It is un­lawful for any person to sell or offer for sale eggs as a dealer unless such person has obtained from the commissioner of agriculture a cer­tificate to be issued free of charge authorizing such person to engage in the selling of eggs as such dealer in the State of Florida. Such cer­tificate shall be subject to revocation by the commissioner of agriculture for cause. All such certificates heretofore or hereafter issued prior to July 1, 1947 shall expire on July 1, 1947 and thereafter all such certificates shall be re­newable annually on the first day of July of each year and shall expire on the thirtieth day of June next succeeding the date of issuance.

Uistory.-§4, ch. 16012, 1933; §6, ch. 16982, 1935; CGL 1936 Supp. 4126(6); am. §3, ch. 24106, 1947.

583.10 Copies of invoices to commissioner of agriculture.--,--The commissioner of agricul­ture may for cause require any dealer so grant­ed a certificate to mail to the office of the com­missioner of agriculture at Tallahassee, Flori­da, duplicate copies of all invoices or equiva­lent information, showing the consignor, the consignee, the quantity, source, classification, grades and standards of eggs included in each purchase or sale, or such other information as the commissioner of agriculture may re­quire; and the commissioner of agriculture may prescribe the forms to be used to give such information.

Uistory.-§5, ch. 16012, 1933; §7, ch. 16982, 1935; CGL 1936 Supp. 4126 (7).

583.11 Eggs in interstate commerce except­ed.-This chapter shall not apply to any ship­ment of eggs while the same constitutes a bona fide shipment in interstate commerce, but this chapter shall apply at the very instant when an interstate shipment comes to rest within the State of Florida and the police power may be exerted thereon, or whenever such inter­state shipment loses its character as such.

Uistory.-§8, ch. 16982, 1935; CGL 1936 Supp. 4126(8).

583.12 Live and dressed poultry.-Live and dressed poultry are classified as:

(1) Live poultry, construed to mean fowl, not diseased, to be slaughtered for human con­sumption.

(2) Florida dressed, construed to mean any fowl, free of disease, slaughtered and offered for sale in Florida, that have not been hard­chilled or frozen.

(3) Shipped (state of origin) dressed, con­strued to mean any fowl, free of disease, pro­duced and slaughtered outside of Florida, that. have not been hard-chilled or frozen.

(4) Quick frozen, or frozen, construed' to

§583.13 CLASSIFICATION AND SALE OF EGGS, POULTRY, ETC. 2124

mean any fowl that have }:>een proces~ed, p_acked, sealed and frozen in stnct conformity With ac­·Cepted standards for quick freezing, or frozen, that have not developed any appearance of cold .storage stock and show no evidence of de­terioration from freezing.

(5) Storage (or cold storage) fowl, con­strued to mean all fowl free from disease and regardless of where . slaughtered, _that show ~vidence of deterioratiOn from freezmg or that which have been held at low temperature for sixty days or more.

Hlstory.-§2, ch. 17170, 1935; CGL 1936 Supp. 4151(380); .am. §4, ch. 24106, 1947.

583.13 Dealers to mark slaughtered fowl .as to grade.-It is unlawful for any dealer:

CH To offer for sale or sell i_n the State -of Florida any slaughtered fowl without clear­ly imprinting thereon or attaching ~her~to a label or tag, not less than two inches. m dia~e­ter on which shall be plainly and legibly prmt­~d the classification, grade and standard to which the same belong. Whenever shipped, fresh dressed or cold storage fowl are sold or offered for sale packed in a contai~er other than an airtight container, such contamer shall have affixed a label, not less than tw? inches by four inches on which shall be plamly and legibly printed in letters not l~ss t~an three­eighths inch in height the classificatiOn, grade and standard to which the contents of such container belong. ·

(2) To offer fowl ~or sale in . any news­paper advertisement, circular, r~d10 or .other form of advertising without plamly ~esig~at­ing in such advertisement the classificatiOn, grade and standard to which the fowl being offered for sale properly belong.

Hlstory.-§3, ch. 17170, 1935; CGL 1936 Supp. 4151(381).

583.14 Certification of fowl dealers.-It is unlawful for any person to sell or offer for sale any fowl as a dealer unless such person has ob­tained from the commissioner of agriculture. a certificate authorizing such person to engage m the business of selling fowl in Florida. Such certificate shall be subject to revocation by the commissioner of agriculture for cau~e. All su_ch certificates heretofore or hereafter Issued pnor to July 1 1947 shall expire on July 1, 1947 and thereafte~ all such certificates shall be renew­able annually on the first day o~ J~ly of each year and shall expire on the thirhet~ day of June next succeeding the date of Issuance.

History.-§4, ch. 17170, 1935; CGL 1936 Supp . 4151(382); am. §5, ch. 24106, 1947.

583.15 Reports of ' fowl dealers.-:rhe com­missioner of agriculture may reqmre every dealer granted a certificate t<;J mail to the office of the commissioner of agn~ulture a~ T3;lla­hassee, Florida, duplica~e copies of all mv01ces or equivalent informatiOn, showmg the con­signor, the consignee, t~e quantitr, source and classification of fowl mcluded. m eac~ pur­chase or sale, or such oth~r mformahon as the commissioner may reqmre; and the com­missioner may prescribe the forms to be used to give such information. Hlst~ry.-§5, ch. 17170, 1935; CGL 1936 Supp. 4151(383).

583.16 Interstate shipments exempt.-This law shall not apply to any shipment of live or dressed poultry while the same constitutes a bona fide shipment in interstate commerce, but shall apply at the very instant when an interstate shipment comes to rest within the State of Florida and the police power may be asserted thereon, or whenever such interstate shipment loses its character as such.

Hlstory.-§6, ch. 17170, 1935; CGL 1936 Supp. 4151(384).

583.17 Grades and standards for fowls.­The commissioner of agriculture may deter­mine, establish and promulgate, from time to time reasonable grades and standards of quality as to each or all of the classifications for fowl to be sold or offered for sale in the State of Florida, such as will, in his judgment, promote honest and fair dealing in the inter­est of the consumer; and he may alter or modi­fy such grades and standards of quality from time to time, as in his judgment honest and fair dealing in the interest of the consumer may require; provided, however, that the grades and standards of quality so fixed by the commissioner of agriculture shall be based upon requirements not exceeding the require­ments necessary to meet the grades and stand­ards of quality prescribed by the United States department of agriculture, or which may here­after be prescribed by such United States de­partment of agriculture, and the tolerance to be allowed shall be the same as is allowed in each grade or standard of quality by the United States department of agriculture.

The commissioner of agriculture may also make and promulgate such regulations as may be necessary to carry out the provisions of this law.

Hlstory.-§§7, 8, ch. 17170, 1935; CGL 1936 Supp. 4151(­(385)' 4151 (386).

583.18 Inspection by commissioner.-The commissioner of agriculture, his inspectors or agents, in carrying out the provisions of this law:

(1) May enter, on any business day, during the usual hours of business, any store, market or other building or place where fowl are sold or offered for sale and may stop and inl'.!pect any truck or other vehicle transporting fowl to be sold or offered for sale in this state, and make such examination or inspection as is necessary to ascertain whether any of the provisions of this chapter or any rule or regulation duly pro­mulgated in relation to the sale or offering for sale in this state of any fowl are being violated.

(2) May issue and enforce a stop sale notice or order to the owner or custodian of any lot of fowl which the commissioner or his inspectors or agents find, or have good reason to believe, are in violation of any of the provisions of this section or any regulation issued hereunder, which shall prohibit further sale, barter, ex­change or distribution of such fowl until the commissioner of agriculture Is satisfied that the law has been complied with and has issued a written release or notice to the owner or cus­todian of such fowl.

2125 CLASSIFICATION AND SALE OF EGGS, POULTRY, ETC. §583.20

An inspection fee of not less than one-eighth of one cent per pound nor more than one­fourth of one cent per pound is hereby im­posed, and shall be paid to the commis­sioner of agriculture, on all dressed fowl sold by dealers in this state, which said inspection fee shall be paid by the processor (the person slaughtering and dressing said fowl), the whole­sale dealer or distributor selling dressed fowl to be resold at retail in this state, provided that in instances where the processor and the retail dealer is one and the same person, then and in that event said inspection fee shall be paid by the processor; provided further that it shall be unlawful for any dealer to sell or offer for sale in this state any dressed fowl on which said in­spection fee shall not have been paid. The man­ner of collection of such inspection fee shall be as prescribed by the commissioner of agricul­ture who is hereby authorized to so prescribe and enforce the method and manner of collect­ing the same. All such fees so collected shall.be paid into and become a part of the general In­

spection fund of the state. History.-§§9, 10, cb. 17170, 1935; CGL 1936 Supp. 4151-

(387), 4151 (388) ; am. §6, ch. 24106, 1947. Am. §11, cb. 25035, 1949.

583.19 Sale of unsound, etc., fowls prohibit­ed.-It is unlawful for any person to sell fowl, live or dressed, which is unsound, unhealthful, unwholesome, diseased or otherwise unfit for human consumption.

History.-§11, ch. 17170, 1935; CGL 1936 Supp. 4151(389).

583.20 Penalties for violations of chapter.­(1) Any person violating any ~rovision of

this chapter, or any rule or regulatiOn promul­gated by the commissioner of agriculture within this chapter, shall be deemed guilty of a mis­demeanor and, upon conviction thereof, shall be imprisoned in the county jail for not more than ninety days or shall be fined in a sum not less than fifty dollars nor more than two hundred dollars. In addition thereto, the commissioner may revoke the certificate of any dealer con-

. victed of any violation of this chapter. (2) In addition to the remedies provided in

this chapter and notwithstanding the existence of any adequate remedy at law, the c?mmis­sioner of agriculture is hereby authorized to apply by a bill in equity. to ~ circuit co~rt ~r circuit judge and such Circmt court or circuit judge shall have jurisdiction upon hearing and for cause shown to grant a temporary or perma­nent injunction, or both, restraining any person from violating or continuing to violate any of the provisions of §§583.01, 583.05, 583.09, 583.12, 583.14, 583.18, 583.20 or from _failing or refu~­ing to comply with the requirements of said §§583.01, 583.05, 583.09, 583.12, 583.14, 583.18, 583.20 or any rule or regulation duly promul­gated as in §583.04 authorized. Such injunction to be issued without bond.

History.-§13, cb. 16982; 1935; §12, cb. 17170, 1935; CGL 1936 Supp. 4151(390), 7688(1), 8135(19); am. §7, cb. 24106, 1947. cf.-§775.06, Alternative punlsbmen7

§584.01 CONTROL OF HONEY BEE DISEASES 2126

CHAPTER 584

CONTROL OF HONEY BEE DISEASES

584.01 Powers of state bees.

plant board over honey 584.04 Plant board may require removal, destruc­

584.02 Certificate of inspection to shipments.

tion, etc., of exposed or infected bees. accompany 584.06 Penalty for violation.

584.03 Authority of plant board to enter depots, etc., to make inspections.

584.01 Powers of state plant board over honey bees.-The state plant board of Florida may deal with American and European foul brood, Isle of Wight disease and all other con­tagious or infectious diseases of honey bees which, in its opinion, may be prevented, con­trolled or eradicated; and may make, promul­gate and enforce such rules, ordinances and regulations and do and perform such acts, through its agents or otherwise, as in its judg­ment may be necessary to control, eradicate or prevent the introduction, spread or dissemi­nation of any and all contagious diseases of honey bees, as far as may be possible, and all such rules, ordinances and regulations of said plant board shall have the force and effect of law.

History.-§2, ch. ·7938, 1919; §2, ch. 12050, 1927; CGL 3974.

584.02 Certificate of inspection to accom­pany sbipments.-All honeybees (except bees in combless packages) and used beekeeping equip­ment shipped or moved into the State of Florida, or shipped or moved within the State of Flor­ida, shall be accompanied by a permit issued by the plant commission of the state plant board of Florida .. Before any bees (except bees in combless packages) or used beekeeping equipment is shipped or moved from any other state into the State of Florida, the owner there­of shall make application on forms provided by the plant commissioner of the state plant board of Florida for a permit. The application shall be accompanied by a certificate of in­spection signed by the state entomologist, state apiary inspector, or corresponding official of the state from which such bees or equipment are shipped or moved. Such certificate shall certify that all of the colonies, apiaries, and beeyards owned or operated by the applicant, his agents or representatives, have been in­spected annually at a time when the bees are actively rearing brood, including one inspec­tion within the perio.d of thirty days immedi­ately preceding the date of shipment or move­ment into Florida, and that no American foul­brood or other contagious or infectious dis­eases have been found in any colony, apiary, beeyard or other places where bees or equip­ment have been held by the applicant, within the period of two years immediately preceding the date of shipment or movement into Florida; provided that when honeybees are to be shipped into this state from other states or countries wherein no official apiary inspector or state entomologist is available, the state plant board of Florida may issue permit for such shipment upon presentation of suitable evidence showing

such bees to be free from disease. History.-§1, ch. 7938, 1919; §1, ch. 12050, 1927; CGL

3973; §1, ch. 19062, 1939. Am. §1, ch. 25237, 1949.

584.03 Authority of plant board to enter depots, etc., to make inspections.-The state plant board, its agents and employees, may enter any depot, express office, store-room, warehouse or premises for the purpose of in­specting any honey bees or beekeeping fixtures or appliances therein or thought to be therein, for the purpose of ascertaining whether said bees or fixtures are infected with any conta­gious or infectious disease, or which they may have reason to believe have been, or are being transported in violation of any of the pro­visions of this chapter.

History.-§3, ch. 7938, 1919; §3, ch. 12050, 1927; CGL 3975.

584.04 Plant board may require removal, destruction, etc., of exposed or infected bees.­The plant board, through its agents or em­ployees, may require the removal from this state of any honey bees or beekeeping fixtures which have been brought into the state in vio­lation of the provisions of this chapter, or if finding any honey bees or fixtures infected with any contagious or infectious disease, or if find­ing that such bees or fixtures have been ex­posed to danger of infection by such a disease, may require the destruction, treatment or dis­infection of such infected or exposed bees, hives, fixtures or appliances.

Hlstory.-§3, ch. 7938, 1919; §3, ch. 12050, 1927; CGL 3975.

584.05 Repealed.-History.-§4, ch. 7938, 1919; §4, ch. 12050, 1927; CGL

3976; am. §1, ch. 23674, 1947. Repea led by §2, ch. 25237, 1949.

584.06 Penaitv for violation.-Whoever vio­lates any of the provisions of Chapter 584, Florida Statutes, or whoever violates any of the rules and regulations promulgated by the state plant board in accordance with the pro­visions of said chapter, shall, for the first of­fense be deemed guilty of a misdemeanor and upon conviction thereof be punished by a fine of not less than one hundred dollars nor more than five hundred dollars or by imprisonment for not more than six months in the county jail, and upon a second conviction thereof shall be deemed guilty of a felony and shall be pun­ished by imprisonment in the state prison for a term riot to exceed three years. It shall be the duty of the sheriffs and the Florida high­way patrol officers to enforce the provisions of this chapter relating to the movement of bees and used bee equipment into the state as well

·as movement thereof within the state. History.-§5, ch. 7938, 1919; §5, ch. 12050, 1927; CGL

7878; am. §2, ch. 23674, 1947. Am. §3, ch. 25237, 1949. cf.-§775.06, Alterna tive punishment.

2127 STATE LIVESTOCK SANITARY BOARD §585.03

CHAPTER 585

STATE LIVESTOCK SANITARY BOARD

.585.01

.585.02 585.03

585.04

.585.05

.585.06

.585.07 585.08

585.09

.585.10

.585.11 !i85.12 !585.13

585.14

585.15 585.16

.585.17

585.18 585.19

585.20 585.21 585.22 585.23

585.24

Definitions . State livestock sanitary board . State livestock sanitary board, a body cor­

porate. Headquarters of said board and place of

meetings. Compensation and expenses of board . Procurement of expense moneys . Audit and payment of accounts. General powers of the board; rules and regu­

lations. Procedure for condemnation of domestic

animals and property by board. Condemned and destroyed animals; limita-

tion on payment to owner. Cooperation with United States authorities . State veterinarian. Supervisor of tick eradication; livestock in­

spectors. Information concerning, and control of,

live stock diseases. Dangerous transmissible diseases. Powers of board in connection with certain

diseases. Care of domestic animals or cattle with

transmissible diseases and liability there­for.

Diseased animals. Practitioners of veterinary medicine and

owners of domestic animals or cattle to report communicable diseases, infection by or infestation of domestic animals or cattle with the cattle fever tick.

Injection of germs into animals. Sale of biological products. Public notice of general quarantines. Owners of live stock and premises under

quarantine to comply with rules and regu­lations.

Cattle fever tick eradication; quarantine.

585.01 Definitions.-In construing this chap­ter, where the context permits, the word, phrase or term:

(1) "Domestic animal" shall include any equine or bovine animal, goat, sheep, swine, dog, poultry or other domesticated beast or bird; •

(2) "Cattle" shall include any bull, steer, ox, cow, heifer, calf, or any other animal sub­ject to infestation by cattle fever ticks.

(3) "Board" shall mean the state live stock sanitary board of Florida.

(4) "Owner" shall include any owner, cus­todian, or other person in charge of cattle.

History.-§5, ch. 9201, 1923; §2, ch. 17273, 1935; CGL 1936 Supp. 3321, 3323 (2).

Am . §1, ch . 25358, 1949.

585.02 State livestock sanitary board.­(1 ) The state livestock sanitary board shall

be composed of eight practical livestock men, resident citizens of the State of Florida, actively engaged in the livestock industry, one from each congressional district as now or hereafter con­stituted to be appointed by the governor for terms df four years each and until their sue-

585.25 Cattle fever tick eradication, vats, corrals, buffer fences, acquisition of lands and equipment and dipping schedules.

585.26 Fever tick eradicat10n; pasture rotation method. '

585.27 Fever tick eradication, reimbursement of costs, etc.

585.28 Fever tick eradication; abitration of costs etc.

585.30 Fever tick eradication; procedure where owner fails or refuses to dip.

585.32 Purchase and distribution of hog cholera anti-serum and virus and vaccine.

585.321 Distribution of anti-hog cholera serum and hog cholera virus to farmers.

585.33 Establishment of anti-hog cholera serum and virus plant.

585.34 Inspection and transportation of meats in Florida. ·

585.35 Power of board to enter private premises for purpose of inspection, etc.

585.36 Board charged with enforcement of law; duties of prosecuting attorneys.

585.37 Courts have ·power to enforce provisions by mandamus or injunction.

585.38 Injuring property used in the eradication of diseases of cattle, etc.

585.39 Interference with state livestock sanitary board.

585.40 Violation of quarantine regulations. 585.41 Violation of rules or regulations of board. 585.4!2 Killing young veal for sale; penalty. 585.44 Purchase distribution and administration

·of brudenosis (Bang's disease) vaccine. 585.45 Right of appeal. 585.4 7 Failure of veterinarians or the owners of

domestic animals or cattle afflicted or suf­fering with contagious, infectious, or communicable diseases, or infected by or infested with the cattle fever tick, to report the same.

cessors shall have been duly appointed and quali­fied. Said terms of office shall . date frQm the expiration of the present existing terms. Before entering upon the discharge of their duties as members of said board, each member shall sub­scribe to the oath of office as required by the Florida constitution, and shall also be required to give a good and sufficient bond, in the penal sum of ten thousand dollars with a surety com­pany authorized to do business in the State of · Florida, as surety, payable to the governor and his successors in office, and conditioned upon the due and faithful performance of his duties as a member of the livestock sanitary board.

History.-§1, ch. 7345, 1917; RGS 2101; §1, ch. 8508, 1921; §1, ch. 9201, 1923; CGL 3317; am. §1, ch. 23775, 1947.

Am. § 1, ch. 26830, 1951.

585.03 State livestock sanitary board, a body corporate.-The said state livestock sanitary board shall be a body corporate, having · the usual powers of a body corporate, for all pur­poses necessary to fully carry out t~e proyisions and requirements of this chapter, mcludmg the

§585.04 STATE LIVESTOCK SANITARY BOARD 2128

right to contract and be contracted with, to sue and be sued, as well as all other rights and im­munities usually enjoyed by bodies corporate. Said board shall have a corporate seal to be selected by it. Said board shall select one of its members as chairman and the state veterinarian shall be secretary to said board.

Hlstor;y.-§§1, 7, ch. 9291, 1923; CGL 3317, 3323; am. §2, ch. 23775, 1947.

585.04 Headquarters of said board and place of meetings.-The official headquarters of the board shall be located in Tallahassee, Florida, but the board, by resolution may establish branch offices at any other place or places in the State of Florida as may from time to time be deemed necessary and advisable. Said board may hold its meetings at such places within the state as may be selected by a majority of the members of said board. The annual meeting of said board shall be held on the first Monday in March of each year. Special meetings may be called at any time by the board, or the secretary, or by the supervisor of tick eradication, or by the chairman upon request of a majority of the members. A majority of the members of the board shall constitute a quorum for all purposes.

Hletor;:r.-§2, ch. 7345, 1917; RGS 2102; §§1, 2, ch. 9201, 1923; CGL 3317, 3318; am. §3, ch. 23775, 1947.

585.05 Compensation and expenses of board. -The members of the board shall receive no compensation for the work they may render under the provisions of this chapter, except that they shall receive their expenses neces­sarily paid or incurred in the discharge of their duties as members of the board. ·

Hlstor;y.-§3, ch. 7345, 1917; RGS 2103; §3, ch. 9201, 1923; CGL 3319. ·

585.06 Procurement of expense moneys.­The board may forward to the comptroller of the state at the end of each month a requisition for such sum of money for current and · inci­dental expenses for the ensuing month as said board may deem to be necessary and sufficient. Upon the receipt of such requisition the comp­troller shall endorse on the same the amount they may so require, and th.e treasurer. ~~all transmit the amount named m the reqms1txon to the board, which amount so advanced shall be covered and accounted for to the comptroller by proper vouchers and payment of any unex­pended balance during the current month and before the succeeding monthly advance is made and the comptroller shall audit the ac­count and vouchers and draw his warrants on the treasurer for the amount due, and shall pay over to the treasury such warrant and amount returned by the board as provided for in this section, taken up by the requisition of the board given to the treasurer.

Hlstor;y.-§17, ch. 9201, 1923; CGL 3333.

585.07 Audit and payment of accounts.­Upon the presentation to the comptroller of any accounts duly approved by the said live stock sanitary board, accompanied by such itemized vouchers as shall be required by him, the comp­troller shall audit the same and draw a warrant on the state treasurer for the amount for which the account is audited.

Hlstor;:r.-§16, ch. 9201, 1923; CGL 8332.

585.08 General powers of the board, rules and regulations.-

(1) Establish, maintain and enforce quaran- · tine areas within the state, or the entire state, and restrict, regulate or prohibit the movement or transportation of domestic animals and all other animals or cattle found and determined by said board, by resolution, to be carriers of any contagious, infectious or communicable disease or cattle fever ticks, into, from, and within such areas, when necessary for tick eradication, or for the carrying out of any of the purposes of this chapter, and for the prevention or the control of the spread or dissemination of cattle fever ticks or any con­tagious, infectious, or communicable disease among domestic animals and cattle.

(2) Prescribe quarantine areas, their loca.: tions and boundaries, for the purpose of eradil eating the cattle fever tick (Margaropus An­nulatus) and controlling and preventing the propagation and spread of the same, and to restrict, regulate and prohibit the movement or transportation of domestic animals or cattle into, within, or out of such quarantine areas, when deemed necessary for the prevention or the control of the spread or dissemination of the cattle fever tick. (Margaropus Annulatus).

(3) Make, promulgate, amend, repeal and enforce rules and regulations:

(a) For the carrying out of the provisions, purposes and requirements of this chapter;

(b) Governing the introduction of domestic animals into or within the state, which rules and regulations, when deemed necessary by the board, may require that all domestic animals moved into the state be covered by an official health certificate and requisite test chart ap­proved by the livestock sanitary officer of the state or county of origin;

(c) Governing the disposal or destruction of carcasses of domestic and other animals, which die from or while afflicted with any con­tagious, infectious, or communicable disease, in such manner as to prevent the spread or con­tinuance of such contagion or infection;

( 4) Condemn and destroy any domestic ani­mals or other animals affected with any con­tagious, infectious, or communicable disease, or which have been exposed to or are suspected of being liable to spread any contagious, infec­tious, or communicable disease.

(5) Condemn and destroy any barn, yard, shed, corral, or pen which, in the opinion of the board, is liable to convey the said infection or contagion.

(6) To employ and fix the compensation of such attorney, or attorneys, as the board deems necessary to aid and assist it in exercising the powers and discharging the duties conferred and imposed upon it by law.

Hlstor;y.-§§5, 11, ch. 7345, 1917; RGS 2105, 2110, 2111; §6, ch. 9201, 1923; CGL 3322, 3339, 3340; §§5, 6, ch. 17273, 1935; CGL 3323(6); am. §4, ch. 23775, 1947.

Am. §2, ch. 25358, 1949. cf.-§585.41, Violation of rules and regulations ot li'oard.

585.09 Procedure for condemnation of do­mestic animals and property by board.-Con-

:2129 STATE LIVESTOCK SANITARY BOARD §585.13

.demnation and destruction of domestic animals, barns, yards, sheds, corrals and pens, as pro­vided in §585.08 shall take place only after a fair .appraisal of the value of the property, which value shall be determined by the board and the ·owner; provided, however, should the board and -the owner be unable to agree on such value, the value shall then be determined by three disinter­-ested appraisers, one to be appointed by the board, one by the owner of the property, and the -third to be selected by these two. The appraised :price, subject to the provisions of §585.10, Flor­ida Statutes, shall be paid by the board as oth­er expenses a·re paid. If the owners or per­.son in charge of such domestic animal, barn, yard, shed, corral, or pen fails or refuses to name his or her appraiser within five days after requested by the board to do so, or refuses to permit the same to be condemned and destroyed, the board may make an order to the sheriff of the county wherein the property lies, directing him to destroy such domestic animal, barn, yard, shed, corral or pen, in the manner to be pre­scribed by such order, which order shall be ex­-ecuted by said sheriff forthwith. Upon the de­struction 'Of the said property by the said sheriff, the board shall have the right to recover, from the owner of the property destroyed, all costs and expenses incurred by it in connection there­with.

Hlstory.-§11, ch. 7345, 1917; RGS 2111; §11, ch. 9201, 1923 ; CGL 3340; am. §5, ch. 23775, 1947.

585.10 Condemned and destroyed animals; limitation on payment to owner.-The board may· indemnify and reimburse the owners of all animals condemned and destroyed by order of the board in cases where such animals have reacted to to the tuberculin test or the agglutination blood test for brucellosis (Bang's disease); provided, however, that such indemnity or reimbursement shall not exceed the sum of twelve dollars and fifty cents for any one animal.

H istory.-§1, ch . 18152, 1937 ; CGL 1940 Supp. 3348(23) ; am. §1, ch. 22886, 1945.

585.11 Cooperation with United States au­thorities.-

The board may cooperate with: (1) The authorities of the United States in

the enforcement of all acts of congress for the control, prevention, suppression and extir­pation of contagious, infectious and communic­able diseases affecting domestic animals or cattle and in connection therewith may:

(a ) Appoint inspectors of the United States bureau of animal industry as temporary assist­ant state veterinarians or livestock inspectors; provided, they shall first consent to act without compensation or profit from the State of Flor­ida ;

(b) Accept aid or assistance from the United States in conducting the work of tuber­culosis eradication, brucellosis and hog cholera contr ol, or from any of its officers, representa­tives or agents, in carrying out such work.

(2) The officials of the United States bureau of animal industry in tuberculosis eradication and brucellosis control work and the

owners of domestic animals or cattle, who ac­cept indemnity for animals found to be diseased and slaughtered in accordance with the special acts of congress now in effect and appropriat­ing funds for this purpose, or that may here­after be available from such source.

(3) The United States bureau of animal in­dustry in carrying out the provisions of the national poultry improvement plan and the national turkey improvement plan in Florida, and in connection therewith, may promulgate rules and regulations necessary to carry out the provisions of the national poultry improve­ment plan and the national turkey improvement plan in Florida.

History.-§12, ch. 7345, 1917; RGS 2112; §12, ch. 9201, 1923 ; CGL 3341; §7, ch. 17273, 1935 ; CGL 1936 Supp. 3323(7); am. §1, ch. 22581, 1945.

Am. §3, ch. 25358, 1949.

585.12 State veterinarian.-The board shall have the power, and it shall be its duty, as soon as practicable after its organization, to employ and fix the compensation and duties of a person who shall be an experienced expert in infectious, contagious, and communicable diseases of cat­tle, hogs, and other domestic animals, which shall include horses and mules, who shall be a graduate of a recognized and reputable college of veterinary medicine, and who shall be known and designated as the state veterinarian. The state veterinarian shall be the technical ad­visor to the board and to the supervisor of tick eradication and shall perform such other duties as prescribed by the board.

Hlstory.-§6, ch. 7345, 1917 ; RGS 2106; §3, ch. 8508, 1921; §7, ch. 9201, 1923 ; §1, ch. 13892, 1929; CGL 3323; §1, ch. 17273, 1935; CGL 1936 Supp. 3323(1); am. §6, ch. 23775, 1947.

585.13 Supervisor of tick eradication; live­stock inspectors.-

(1) SUPERVISOR OF TICK ERADICA­TION.-The state livestoc~ sanitary board shall, immediately upon the passage of this law* em­ploy some practical livestock man, who has been engaged in the cattle industry in the State of

;Florida, as supervisor of the rules and regula­tions adopted and promulgated from time to time by said board and of the provisions of this chapter, relating or pertaining to the eradica­tion of the present or future reinfestations of fever tick in the State of Florida. Said super- . visor shall be in charge and directly responsible for the fever tick eradication program as out­lined and promulgated by said board, shall maintain his office, or offices, in the reinfested area, or areas, as now established, or as may be established from time to time. In the absence of any rule, regulation, or provision of this law necessary to the successful carrying out of the eradication of the fever tick program as now, or hereafter, adopted by said board, he shall have full authority to adopt such rule or regulation as may meet such emergency or emergencies as may arise until the next meeting of the board, at which time such action of said supervisor shall be reported to the board and at such meet­ing acted upon by the board. The compensation of said supervisor shall be fixed by the board and he shall remain in the employ of the board so long as the board may determine. All inspec-

~585.14 STATE LIVESTOCK SANITARY BOARD 2130·

tors and employees, employed or required in an infested area, or areas, as may exist from time to time, shall be under the supervision of the supervisor and shall be selected by the supervisor subject to the appr?val of t~e board. Said supervisor shall be required to give good and sufficient bond in the penal sum of ten thou­sand dollars with a surety company authorized to do business in the State of Florida, as surety payable to the governor and his success~l's in office and conditioned upon the due and faithful perfo'rmance of his duties as supervisor of tick eradication.

(2) LIVESTOCK INSPECTORS.-The su­pervisor, with the approval of the board, may select, appoint, commission, and employ compe­tent persons to be known as livestock inspectors; employ labor, agents and representatives as the said supervisor with the approval of the .board may determine, and fix the terms of their em­ployment, powers and duties. The board shall purchase all materials, fix compensation, and incur all other expenses of whatsoever nature in connection with and required for the work of tick eradication; provided, that any and a!l livestock inspectors selected under the provi­sions of this section shall be required to give a bond in the penal sum of one thousand dollars executed by a surety company authorized to execute legal bonds in this state, which bond shall be conditioned upon the faithful perform­ance of their duties.

Hlstory,-§14, ch. 7345, 1917 ; RGS 2114; §10, ch. 9201, 1923; CGL 3326; am. §7, ch. 23775, 1947.

585.14 Information concerning, and control of, live stock diseases.-The board shall collect, preserve and disseminate information concern­ing infectious, contagious, communicable and other diseases of domestic animals, their origin, locality, nature, appearance, manner of dis­semination or contagion and method of treat­ment required for the successful eradication and control thereof and said board shall take such measures as in its judgment may be . necessary and proper for the control, suppres­sion ·eradication and prevention of the spread ther~of and to protect domestic animals in the State of Florida therefrom. Said board shall also quarantine such domestic animals as it shall find or have reason to believe, to be infected ~ith or exposed to any such disease.

Hlstory.-§4, ch. 7345, 1917; RGS 2104; §4, ch. 9201, 1923; CGL 3320.

585.15 Dangerous transmissible diseases.­The following named diseases and any other contagious, infectious, or communicable dis­eases now or hereafter proclaimed by the board to be of a dangerous transmissible nature, shall be known as dangerous transmissible diseases: Glanders, anthrax, blackleg, contagious pleuro­pneumonia, rinderpest or cattle plagu~, . hemor­rhagic septicemia, foot and mouth disease or apthous fever, southern cattl.e fever or Texas fever sheep or cattle scabies, hog choler11, swin~ plague, swine erysipelas, fowl plague or fowl pest, rabies, dourine, tuberculosis, brucel-

losis, or domestic animals or cattle infested with. or infected by the cattle fever tick or ticks.

Hlstory.-§3, ch. 17273, 1935; CGL 1936 Supp. 3323(3). Am. §4, ch. 25358, 1949.

cf.-§386.11, Nuisance to keep diseased animals In the state.

§823.04, Nuisance to bring diseased animals Into the state.

§828.16, 17, Sale of diseased animals ; arrest.

585.16 Powers of board in connection with certain diseases.-Whenever any of the diseases enumerated in §585.15 or any disease now or· hereafter proclaimed by the state livestock sani­tary board to be of a dangerous or transmis­sible nature, shall exist anywhere within the­State of Florida, or whenever it is deemed neces­sary or advisable to dip, examine, test, treat or· destroy, the board may, or through its represen­tatives and agents, dip, examine, test, treat or destroy, any infected, exposed, suspected or sus­ceptible animal and any goods, products or ma­terials that may carry contagion, or may quar­antine on or in, for or against any premises,. areas, or localities within the State of Florida; provided that provisions of this chapter shall not apply to game animals.

History.-§4, ch. 17273, 1935; CGL 1936 Supp. 3323(4); am. §8, ch. 23775, 1947.

585.17 Care of domestic animals or cattle­with transmissible diseases and liability there­for.-Any person, firm or corporation who­knowingly sells or offers for sale or knowingly or wilfully transports or moves, or knowingly or wilfully allows or permits any domest~c ani­mal or cattle to stray or drift within the State of Florida, knowing such animal or cattle to be suffering from, afflicted with or affected with any of the diseases enumerated in §585.15, or who knowingly or wilfully transpo-rts or moves or knowingly or wilfully allows or permits any domestic animal or cattle to stray or drift from any quarantine area, or who knowingly or wil­fully sprays or dips any domestic animal or cattle in an effort to destroy any evidence of the cattle fever tick infestation upon said do­mestic animals or cattle, without first obtain­ing permission of t he board, shall be liable in damages, in addition to the penal provisions of this chapter, to the state livestock sanitary board for the expense incurred by said board by reason thereof, or to• any owner of domestic animals or cattle who might be injured thereby; provided, however, that the board may issue written permission for the movement or trans­portation of such animals or cattle.

Hlstory.-§9, ch. 7345, 1917 ; RGS 2109; CGL 3338; §5, ch. 17273, 1935 ; CGL 1936 Supp. 3323(5); am. §9, ch. 23775, 1947.

Am. §5, ch. 25358, 1949.

585.18 Diseased animals.-No person who has knowledge of the existence of any contag­ious, infectious or communicable disease in or among domestic animals or live stock, or who shall have knowledge that any such animal or live stock is afflicted with or suffering from any such disease, shall conceal or attempt to conceal such diseased animal or live stock or knowledge that such diseased animal or live stock is afflicted with or suffering from any such disease, from the board, its agents and

2131 STATE LIVESTOCK SANITARY BOARD §585.25

-employees, or shall remove or attempt to re­move such animal or live stock from the reach, care or control of the board, its agents and employees.

Hlstory.-§8, ch. 7345, 1917; RGS 2108; CGL 3337. ·Cf.-Cross references under §585.15.

585.19 Practitioners of veterinary medicine -and owners of domestic animals or cattle to re­'Port co!Dmunicable diseases, infection by or mfestatwn of domestic animals or cattle with the cattle fever tick.-All practitioners of vet­erina;ry ID:edicine, and the owner of any do­mestic ammal or cattle afflicted with or suf­fering from any contagious, infectious or com­municable disease, or who know of the infec­tion of any domestic animal or cattle or the in­festation thereof with the cattle fever tick immediately upon gaining such information of the existenc~ of a.ny such disease in or among s?ch domestic ammals or cattle, or the infec­tion of any such domestic animal or cattle ·()r infestation thereof with the cattle fever tick shall report the same to the board. All such reports shall be in writing and shall describe the diseased domestic animal or cattle or the -domestic. animal or cattle infected by or in­fested With the cattle fever tick, and shall give -the name and address of the owner or person in charge thereof and the place where the :same are kept.

History.-§7, ch. 7345, 1917; RGS 2107; CGL 3336. Am. §6, ch. 25358. 1949.

. 585.20 Injection of germs into animals.­N o person may inject or otherwise administer to ar:y domestic animal that is producing or that IS to be used as food for man, any virus ·o: other S-;.tbs~ance containing pathogenic or disease producmg germs of a kind that is viru­len~ for rna~ ?r for animals except upon wntten permiSSIOn to do so from the state live stock sanitary board.

H istory.-§9, ch. 17273, 1935; CGL 1936 Supp. 3323(9).

585.21 Sale of biological products.-It ' is unlawful for any ·person to manufacture for sale, or .sell or offer !or sale any biological :product mt~nded . for diagnostic or therapeutic p~rp?ses With ammals except upon written per­IDIS~Ion to do so from the state live stock :S~mtary board or unless such product is offi­eia;lly a~proved by the United States bureau of ammal mdustry of the United States depart­ment of agriculture.

Hlstory .-§8, ch. 17273, 1935 ; CGL 1936 Supp. 3S23(8).

585.22 Public notice of general quarantines. -Whenever the board shall place any area of the state under general quarantine it shall forthwith give public notice therebf which

·not~ce s:hall in ge~eral terms define the quar­antme .hnes established, by causing said notice to be published, at least once, in a newspaper io be .selected ~Y the board within the county wherem the said quarantined area lies and by :posting a copy of said notice at the do~r of the ·court house of said county; provided however if said quarantined area lies within ~ore tha~ ()De county notice shall be published in each

county affected thereby. The provisions of this section shall not apply to quarantines for tick eradication.

History .- §5, ch. 7345, 1917; RGS 2105; §6, ch. 9201, 1923; CGL 3322.

585.23 Owners of live stock and premises under quarantine to comply with rules and regulations.-All owners, custodians or per­sons in charge of quarantined domestic animals and all owners, tenants, custodians or persons in charge, or in possession of any lot, yard, pastl.1re, field, stall, enclosure, barn or building, which has been quarantined, shall comply with all rules and regulations prescribed by the board within a reasonable time, and clean and disinfect such animals or premises, and shall destroy carriers, or cause, or means of · com­municating any contagious, infectious or com­municable diseases affecting such animals or infecting such premises.

History.-§21, ch. 7345, 1917; RGS 2119 ; · CGL 3345. cf.-§585.40, Violation of quarantine regulations.

585.24 Cattle fever tick eradication; quaran­tine.-Whenever the board decides to place any area under quarantine for the purpose of cattle fever tick eradication, public notice thereof shall be given by publishing said notice once each w.eek, in at least one newspaper of gen­eral circulation to be selected by the board in each county within said quarantine area, for two successive weeks (two publications being sufficient), before work is to commence, and by posting copies of said notice at the door of the courthouse in each county, at least eight days before the commencement of the work. The time within which any right of appeal, as hereinafter provided, from any order of the board .placing any area under quarantine for the purpose of cattle fever tick eradication, shall begin to run, shall be from date of issu­ance of said order and not the date of publica­tion of said notice.

Upon any such area being freed of the cattle fever tick, the board shall enter its findings of such facts upon its minutes.

History.-§8, ch. 9201, 1923 ; CGL 3324; am. §10, ch. 23775, 1947.

Am. §7, ch. 25358. 1949. cf .-§585.40, Violation of quarantine regulations.

585.25 Cattle fever tick eradication, vats, corrals, buffer fences, acquisition of lands and equipment and dipping schedules.-Whenever the board shall have placed any area under cattle fever tick quarantine:

(1) The board shall construct, or cause to be constructed, or procure all necessary vats, . corrals, pens and equipment, and shall be au­thorized and empowered to purchase or lease, upon such . terms and conditions as approved by it, such lands, facilities and equipment as may be necessary to effectively and systemati­cally prevent, suppress and control the spread of the cattle fever tick. The board is hereby• authorized and empowered to construct or erect buffer or quarantine fences when deemed advisable by said board.

(2) The board, by resolution, shall fix the date when systematic dipping of cattle or other

§585.26 STATE LIVESTOCK SANITARY BOARD 2132

domestic animals, which shall include horses and mules, in the quarantined area or any por­tion thereof, shall begin, and the said resolution shall contain a schedule showing each dipping vat by name or number and the date on which the first ·systematic dipping of domestic ani­mals or cattle, which shall include horses and mules, is to be held at each such vat, and the date of each subsequent dipping. Notice of adoption of such resolution and schedule shall be given by publishing said notice in some newspaper published in or near said area, once each week, for two successive weeks (two pub­lications being sufficient), and by posting a copy of said notice eight days before dipping shall begin, at the courthouse door in the county or as near as may be convenient to each and every dipping vat to be used. Each owner of domestic animals or cattle, which shall include horses and mules, then or thereafter being within said area, shall dip such domestic animals or cattle, which shall include horses and mules, at the dipping vat described in the resolution and schedule as shall be most con­venient upon the dates specified for dipping, respectively, and to dip all such domestic ani­mals or cattle, which shall include horses and mules, every fourteen days from and after the date of the first dipping, unless otherwise per­mitted by said board, until such time as the board shall discontinue dipping in such area or be relieved of such dipping by permission of the board.

Hlstory.-§11, ch. 9201, 1923; CGL 3327; am. §11, ch. 23775, 1947.

Am. §8, ch. 25358, 1949.

585.26 Fever tick eradication; pasture rota­tion method.-The board may, in its discretion, employ the pasture · rotation method of tick eradication in conjunction with fever tick eradication in this state. Whenever the board shall adopt the said pasture rotation method and shall require the removal, from the area in which systematic tick eradication work is being carried on, of cattle of any owner, custodian

· or person in charge of such cattle, the said board shall furnish the necessary assistants re­quired to remove such cattle; or in lieu thereof may, at its election, pay to such owner the actual, necessary or reasonable expense incul'­red by him in complying with the requirements of the board in removing such cattle from such area as hereinbefore provided.

Hlstory.-§§11, 13, ch. 9201, ' 1923; CGL 3327, 3329.

585.27 Fever tick eradication, reimbursement of costs, etc.-When the owner of any cattle or other domestic animals, which shall include horses and mules, has been or shall be required by the board to disinfect such cattle or other domestic animals, which shall include horses and mules, by dipping same or having the same

" inspected, the owner shall be reimbursed ten cents per head for expense incurred in collecting, driving and dipping, or having the same in­spected, such cattle or other domestic animals, which shall include horses and mules, in com-

pliance with such requirement, shall be paid by the board to such owner.

Hlstory.-§11, ch. 9201, 1923; CGL 3327; am. 112, eh. 23775, 1947.

585.28 Fever tick eradilcation; arbitration of costs, etc.-In the event the owner fails or­refuses to dip his cattle or other domestic ani­mals, which shall include horses and mules, or­to have them inspected, the board may, at its. option, collect, drive, dip, and inspect such cat­tle or other domestic animals, which shall in­clude horses and mules and one-half of the ex­pense so incurred by the board shall become a. charge against the owner and if not paid within thirty days, the board shall have a lil!n upon said cattle or other domestic animals, which. shall include horses and mules, to secure said charge against the owner.

Hlstory.-§11, ch. 9201, 1923; CGL 3327; am. §7, ch. 22858, 1945; am. §13, ch. 23775, 1947.

585.29 Repealed.-Htstory.-§14, ch. 9201, 1923; CGL 3330; repealed by §14..

ch. 23775, 1947.

585.30 Fever tick eradication; procedur~ where owner fails or refuses to dip.-

( I) Any cattle, within any tick eradication area, which are not dipped in accordance with the rules and regulations of the board and under its supervision, shall i;le, by said board, taken into custody, dipped and retained in its custody, at some place to be selected by said board, until redeemed or sold as hereinafter provided.

(2) The board and its agents and employees may enter into any range, premises, pen, pas­ture, barn or inclosure or place where cattle may be found and take into custody, remove, dip and pen any cattle which have not been dipped in accordance with the requirements of this chapter and the rules and regulations of the board, and all expenses so incurred by the board, including expenses for penning, feeding and dipping, shall be a lien upon said cattle. If said expenses be not forthwith paid and the cattle redeemed by the owner, the board shall notify the sheriff of the county wherein said cattle are held, by written notice thereof, stat­ing the time and place said cattle were taken into custody, the number thereof and any marks and brands thereon, and the name of the owner if known.

(3) Upon receipt of the notice aforesaid the said sheriff shall forthwith give public notice, to whom it may concern and to the owner if known, that on a day and hour to be specified in said notice, which shall not be less than ten days nor more than twenty days from and after the first publication of said notice as herein­after provided, he will offer for public sale and sell for cash to the highest bidder, the cattle described in said notice. Said notice shall also state the time and place such cattle were taken into custody, the number thereof and any marks and brands thereon. Said sate shall be held at the place where said cattle are situate or penned. Said public notice shall be given by publishing the same in some news-

2133 STATE LIVESTOCK SANITARY BOARD §585.32

paper published in the county wherein said -cattle are penned, if there be such newspaper, for two publications, the first of which shall be not less than ten days prior to the date .of sale, and by publishing a copy of said notice, at least ten days prior to sale, at the court bouse door and at two dipping vats near where the cattle were taken into custody. A copy ·of said notice shall also be served upon the .owner or one of them if more than one, or their agent, in the manner provided by law for s ervice of summons, at least ten days before :sale, if such owner or his agent, together with his address, be known to the sheriff and he :resides or can be found within the state.

(4) If such cattle shall not be ' redeemed ·before the sale thereof by payment of all costs .and expenses incurred by the board in taking into custody, feeding, penning and dipping of ·such cattle, and all sheriff's costs, then such sheriff shall offer for sale and shall sell and -deliver to the highest bidder for cash all such cattle and shall deduct from the proceeds there­-of all sheriff's costs, and shall pay to the board . all costs and expenses incurred in taking into ·custody, penning, feeding and dipping such cattle, and forthwith pay into the fine and forfeiture fund of such county the balance of such proceeds; and such sale and delivery shall vest in the purchaser an absolute title and right of possession of such cattle, superior to all other title, liens and claims, except any lien for unpaid taxes on such cattle.

(5) If the former owner shall, within twelve months from and after the date of such sale, file with and establish to the satisfaction of the county commissioners of such county his claim to the net proceeds arising from said sale, the county commissioners shall deliver to such claimant the amount of such net balance.

(6) The term "Sheriff's costs," as used in this section, shall be taken and held to mean such costs as sheriffs are allowed by law for similar services, and the term "expenses of keeping and feeding" shall be taken and held to mean the actual, reasonable and necessary -expenses for such keeping and feeding incur­red, to be shown by a sworn, itemized statement thereof filed with the clerk of the circuit court.

H istory.-§12, ch. 9201, .1923; CGL 3328.

585.31 Unconstitutional.-Htstory.-§15, ch. 9201, 1923; §1, ch. 16287, 1933; CGL

. 3331; a bolished by §2, Article IX, Florida constitution, as amended November 5, 1940, which abolished all ad valorem taxes for state purposes.

585.32 Purchase and distribution of hog cholera anti-serum and virus and vaccine.-

( 1) The state livestock sanitary board is hereby authorized and required to purchase hog ·cholera anti-serum and virus and vaccine in such units as deemed advisable by said board, at the lowest and best bid or bids, from one or more reliable manufacturers or suppliers producing or handling a high quality product.

(2 ) Except as provided in subsection ( 4), the

board shall distribute through employees of said board, licensed veterinarians and recognized and approved agents of the state and federal govern­ments, hog cholera anti-serum and virus and vaccine without cost thereof to any bona fide farmer who is an owner of swine in Florida, making application therefor upon forms to be furnished by said board and approved by the administrator of said serum and virus or vaccine .

(3) Whenever said serum and virus and vaccine are distributed without cost as provided in subsection (2) , the administrator thereof shall identify each and every hog to which said serum and/ or virus or vaccine are so adminis­

·tered, by means of a permanent ear identifica­tion without cost to the owner. The board shall designate a permanent ear identification to be used in all cases for this purpose. It shall be unlawful for any person to administer said' free serum andj or virus or vaccine to any hog bearing said identification or to any hog known to said" administrator to have been so identified. Pro­vided, however, that any owner of swine in Florida, who is unwilling to submit said swine to ear identification as provided in this sub­section, and who is otherwise entitled to free distribution of said serum and virus and vaccine as provided in subsection (2 ) , shall be entitled to receive said serum and virus and vaccine . in the manner provided in subsection ( 4).

( 4) The board shall designate persons to whom it will sell serum and virus and vaccine at cost, which persons so purchasing said serum and virus and vaccine at cost are to sell the same to owners of swine in Florida for use on commercial andj or commercial garbage fed herds of swine irt Florida, and all other owners of swine in Florida who are unwilling to submit said swine to ear identification as provided in subsection (3), at a price not to exceed cost plus ten per cent; provided; however, that persons designated hereunder shall not include employees of the board or agents of the state in their capacities a~ such employees or agents.

(5) All moneys accruing from the sale of hog· cholera anti-serum and virus and vaccine as pro­vided in this section, shall be deposited in the state treasury to the credit of the state livestock sanitary board, which shall be used for the further purchase and distribution of hog cholera anti-serum and virus and vaccine, as provided in this section.

(6) For the purchase and distribution of the hog cholera anti-serum and virus and vaccine foregoing, there shall be used funds appropriated therefor by the legislature of the State of Florida at the same session of the legislature at which this law is enacted and at all succeeding sessions of the legislature of the State of Florida.

(7) The state livestock sanitary board is hereby authorized to promulgate and enforce all

§585.321 STATE LIVESTOCK SANITARY BOARD 213{

rules and regulations necessary for the ad­ministration of this law.

Hlstory.-§§1-5, ch. 7919, 1917; §1, ch. 8499, 1919; §§1-6, ch. 9329, 1923; §§1-6, ch. 10173, 1925; §§1-6, ch. 12048, 1927; §§1, 2, ch. 13656, 1929; §§1-6, ch. 15618, 1931; §§1-4, ch. 15867, 1933; §§1-4, ch. 17059, 1935; CGL 1936 Supp. 3346, 3348, 3348(8), (14), 7742(1), (2); §§1-4, ch. 18153, 1937; §§1-3, ch. 19006, 1939; §§1-3, ch. 20357, 1941; am. §1, ch. 2163$. 1943; §585.43 consolidated with this section by §1, ell. 22517, 1945; am. § 1, ch. 26895, 1951. cf.-§282.01, Item (16) , appropriation for purchase of vaccines,

serums and viruses. Note: Sub. § (6) was repealed by §135, ch. 26869, 1951, In an

effort to comply with §282.001 , which section repealed all lump sum and continuing appropriations. Both chapters 26895, which amended the entire section and 26869 were flied In the ortlce of the Secretary of State on June 11, 1951.

585.321 Distribution of anti-hog cholera serum and hog cholera virus to farmers.-

(1) Except as otherwise provided by law, the state live stock sanitary board shall distribute Lhrough employees of said board, licensed veteri­narians, recognized and approved agents of the state and federal governments, and within the boundaries of any county not adequately provided with the foregoing distributors, one or more per­sons selected by the board of county commis­sioners of such county and certified to the state live stock sanitary board, anti-hog cholera serum and hog cholera virus without cost thereof to any bona fide farmer who is an owner of swine in Florida making application therefor upon blanks to be furnished by said board and ap­proved by the administration of said serum and virus.

(2) Before any person, selected by a board of county commissioners as provided in subsection (1), shall distribute anti-hog cholera serum and hog cholera virus, such person shall be required to give a good and sufficient bond in the penal sum of one thousand dollars, with some surety company authorized to do business in the State of Florida, as surety, payable to the state live stock sanitary board, and conditioned upon the due and faithful performance of his duties as dis­tributor of anti-hog cholera serum and hog cholera virus, said bond to be approved by the clerk of the court in said county in which applica­tion is made.

Hlstory.-§§1, 2, ch. 22592, 1945.

585.33 Establishment of anti-hog cholera serum and virus plant.-

(1) The board of commissioners of state institutions may build, equip, maintain and op­erate a plant for the production of anti-hog chol­era serum and hog cholera virus, under the tech­nical supervision of the state live stock sanitary board.

· (2) Said serum plant shall be built and estab­lished upon lands now belonging to the State of Florida at a place to be designated by the board of commissioners of state institutions as sha11 be deemed best and most advantageous for the purpose.

(3) A serum plant of such size and capacity shall be erected to produce sufficient anti-hog cholera serum and hog cholera virus to supply the requirements of the state live stock sanitary board as hereinafter set forth.

( 4) If at any time, after the establishment

of the plant aforesaid, the board of commis­sioners of state institutions, for any reason,. is unable to furnish from the serum plant here­in provided for a sufficient quantity of serum and virus as may be required by the state live stock sanitary board, then the board of com­missioners of state institutions shall purchase in the open market such amount of serum and virus, produced under federal regulations, as· may be required by the state live stock sanitary board.

Hlstory.-§§1-3, 5, ch. 14907, 1931; CGL 1936 Supp .. 3348(1)- (3). (5) 0

585.34 Inspection and transportation of meats in Florida.-

(1) Any person engaged in the slaughter of meat-producing animals within the State of Florida may make application to the board for a permit to transport and sell their products at any place within the limits of the State of Florida ..

(2) The board, on receipt of such application •described above, shall cause to be made a thorough investigation of the sanitary conditions existing in such establishment, the efficiency of the in­spection provided and the manner in which the· food products of such establishment are slaugh­tered and prepared. If such establishment is: found to be operating in accordance with the· regulations of the board, a numbered permit shall be issued to the person making application for same.

(3) Municipal corporations may establish and maintain the inspection of slaughter houses, abattoirs, meat-packing plants, meat and meat food products, at establishments located within their corporate limits, and elsewhere within the counties in which such municipal corporations are located and within all other counties immediately adjoining the counties in which said municipali­ties are located respectively, for the purpose of ascertaining whether or not meats and meat food products intended for distribution in said munici­palities are fit for human consumption. No per­son shall be employed as such inspector unless qualified by education and experience and is a permanent resident of the State of Florida.

( 4) The officials of all municipalities main­taining such inspections may, in such municipali­ties and counties, fix and collect fees for such inspection of such establishments and any and all meat animals and meat food products so in­spected, which may be necessary to the main­tenance of such inspection service, but no further inspection charge shall be made within the state ..

(5) No permit shall be issued to any estab­lishment except where the meat inspection is conducted under the supervision of the board or its duly designated representatives.

(6) The numbered permit shall be the estab­lishment's official state number, and such number may be used to identify all passed meats and' meat food products prepared in such establish­ment. Such permit may be revoked by the board at any time when the establishment issued such permit violates any of the regulations prescribed for efficient inspection and sanitation.

2135 STATE LIVESTOCK SANITARY BOARD §585.34

(7) All meat carcasses inspected and passed shall be branded with a rubber stamp bearing the number of the establishment and the words "Florida Inspected and Passed."

(8) The board may make and adopt all neces­sary rules and regulations for the efficient in­spection, preparation and handling of meats and meat food products in such establishments, and for the disposal of all condemned meats, and such rules and regulations shall govern the inspection of all meats and meat food products at estab­lishments operating under this section.

(9) There shall be required by ·law only one inspection of meat or meat products as herein defined, which may be an inspection by the United States department of agricul­ture or the board; provided, however, that inspection by local municipal authorities as permitted by this law shall be considered as state inspection within this provision.

(10) When any meat or meat food product that has been inspected as provided by this law and marked "Inspected and Passed," shall be placed or packed in any can, pot, tin, canvas, or other receptacle or covering in any establishment where inspection under the pro­visions of this law is maintained, the person preparing such meat or meat food product shall cause a label to be attached to said can, pot, tin, canvas or other receptacle or covering under the supervision of an inspec­tor, which label shall state that the contents thereof have been "Inspected and Passed" under the provisions of this law; and no in­spection of meat or meat food products de­posited or enclosed in a can, pot, tin, canvas or other receptacle or covering in any estab­lishment where inspection is maintained under the provisions of this law shall be deemed to be complete until such meat or meat food product has been sealed or enclosed in said can, pot, tin, · canvas or other receptacle or covering under supervision of an inspector; and no such meat or meat food product shall be sold by any person in the State of Florida under any false or deceptive name; but estab­lished trade names that are usual to such products and which are not false or deceptive, and which shall be approved by the board are permitted. The board shall confiscate and cause to be destroyed all such labels that are found to be false or deceptive.

(11) No establishment may be operated in the state for the purpose of slaughtering ani­mals, or for the manufacture of meat food products unless such establishment is oper­ated under federal inspection, state inspection, or approved municipal inspection. No dressed carcasses of animals intended for food pur­poses, parts thereof, prepared meats or meat food products shall be sold, offered for sale, exposed for sale or be possessed for sale within the state, unless the same shall bear the "In­spection and Passed" stamp of an estaalishment operating under federal inspection, state in­spection or approved municipal inspection.

(12) When it is deemed necessary in order to safeguard the public health, the board shall cause to be made an ante-mortem inspection of any animals before they are slaughtered for food puPposes. Satisfactory facilities shall be provided for conducting such inspection and for separat­ing from the passed animals those deemed unfit for immediate slaughter. If any owner or person in charge is about to slaughter for food purposes any animal which the Board believes may be affected with disease, the Board shall notify the owner or person in charge of said animals · to refrain from slaughtering them for food pur­poses until the ante-mortem examination is com-

. pleted. Any owner or person slaughtering animals for food purposes after such notification by the board shall be guilty of a misdemeanor. No owner or person shall be required to refrain from slaughtering animals for a period longer than seventy-two hours.

(13) The board may provide post-mortem inspection of all animals slaughtered for food purposes in any establishment in the state. The head, tongue, tail, thymus glands, viscera, and other parts and blood used in the preparation of meat, food, meat food products, or medicinal products shall be retained in such manner as to preserve their identity until after the post­mortem examination has been completed. Car­casses and parts thereof found to be sound, healthful and wholesome after inspection and otherwise fit for human food shall be passed and may be marked in the following manner: "Florida inspected and passed," or with the inspection legend of an approved and municipal inspection department, to which has been added the words "Fla. approved." This mark may also include any number given the establishment. Each car­cass or part thereof which is found on post­mortem inspection to be unsound, unhealthful, unwholesome, or otherwise unfit for human food, shall be marked conspicuously by the in­spector at the time of inspection with the words, "Fla. inspected and condemned," or with the con­demned brand of an approved municipal in­spection department and such carcass or parts thereof, under the supervision of the inspector, shall be rendered unfit for human consumption in a manner approved by the board.

(14) Inasmuch as it cannot be determined for certain, by any present known method of inspection, whether meat is unwholesome unless the organs and other tissues of an animal are inspected when slaughtered, and as meat and products thereof from uninspected animals may be unfit for human food, the board shall seize and destroy for human food purposes any meat or meat food product that does not bear the "Inspected and Passed" stamp, brand, mark, or label, as provided by this law; provided nothing herein shall affect the transportation of dead and condemned carcasses of animals to rendering plants; nor the transportation of dressed car­casses of calves for inspection to points where inspection is maintained in accordance with the provisions of this article; nor meat or meat

§585.35 STATE LIVESTOCK SANITARY BOARD 2136

products to which a statement is attached in accordance with the provisions of this law.

(15) The dressed carcasses of all animals in­tended for human consumption, parts thereof, meats, or meat food products, inspected and marked in accordance with this law may be trans­ported or sold anywhere in the state without restriction, except that imposed upon meat or meat food products bearing the inspection stamp of the United States department of agriculture.

(16) It is unlawful for any person, except employees of the United States department of agriculture, the board or a municipal inspection department, to possess, keep or use any mark, stamp, or brand provided or used for marking, · stamping or branding the carcass of any animal, parts thereof, meats or meat food products, or to possess, keep or use any mark, stamp or brand havii)g thereon a device or words the same or similar in character, or import to the marks, stamps, or brands provided or used by the United States department of agriculture, the board or of any municipal inspection department for mark­ing, stamping, or branding the carcasses of animals or parts thereof intended for food pur­poses, meats, or meat food products.

(17) Every establishment in Florida, where animals are slaughtered or where meat or meat food products are prepared or processed for human consumption, shall be maintained and operated in a clean and sanitary manner and inspection conducted in accordance with the pro­visions of this law and the regulations of the board, and in the event that an establishment is not so maintained and operated the board may suspend inspection in any establishment having state inspection or municipal inspection.

(18) Nothing contained in this law shall restrict or prevent a retail meat market as a part of its retail meat business and as a consequence of same or an incident to same, from making or preparing or selling prepared meat or meat food products that are made or prepared on its own premises from meats which bear the inspected and passed stamp of federal inspection, state inspection or approved municipal inspection; pro­vided, that said prepared meat or meat food products are sold on the premises of said retail meat market and are not made or prepared by cooking or drying. No application is required of such retail meat markets, or the owners or operators thereof for the inspection service pro­vided for in this law and no such inspection service is required to enable them to make, pre­pare or sell such prepared meat or meat food products. Nothing contained in this law shall prohibit a retail meat market from selling or offering for sale meat, prepared meat, meat products, or meat food products which bear the inspected and passed stamp of federal inspection, state inspection or approved municipal inspection.

(19) It is unlawful to sell any cold storage meat that has been imported into the state from without the United States, herein referred to as foreign cold storage meat, without having first

obtained a permit from the Board and without having submitted all such meat for inspection and examination at port of entry and paid in• spection fee required therefor. The board shall cause all such meat to be inspected upon arrival and shall establish such bacteriological or chemical standards as it deems proper to de­termine the wholesomeness and fitness of such meat for human consumption; any meats found unfit for human consumption shall be marked conspicuously with the words "Fla. Inspected and Condemned" and the sale thereof for human food is prohibited. All meats inspected and pass for food, as provided in this subsection, shall be marked with a stamp of such size and design as shall be required by the rules and regulations established by the board for the en­forcement of this section, and shall bear the words "foreign cold storage meat inspected and passed." Such meat, when displayed for sale, shall bear placard showing that it is foreign cold storage meat, which placard shall also contain the name of the country of origin. Such meats shall at all times be subject to reinspection. The board is hereby authorized to collect reasonable fees for inspection service herein provided for.

(20) The board shall make available a quali­fied inspector at each slaughter house or meat packing or _processing plant in the State of Florida at all times when the same is operating, in order that no loss or delay may result to such slaughter house or packing plant by reason of the unavailability of a qualified inspector. No slaughter house or meat packing or processing plant shall be required by law to pay inspection fees aggregating more than one hundred dollars per week for the inspection required by law. Should any such slaughtering, or meat processing or packing be conducted at such slaughter houses or plants at hours considered over-time for state employees, or on legal holidays, then the owner or operator of the establishment shall, by con­tract or agreement with the board, make arrange­ments to defray the additional or over-time costs for salaries and expenses for inspectors to con­duct the necessary meat inspection during such over-time periods, and, in such event, the maxi­mum fees may then exceed the limit of one hundred dollars per week as herein fixed and provided.

(21) Any person, firm or corporation violat­ing any of the provisions of this law, for which violation a specific penalty is not otherwise prescribed herein, shall, upon conviction thereof, be fined not more than five hundred dollars, or sentenced to imprisonment in the county jail for not exceeding six months, or be both so fined and imprisoned.

Hletory.-§§1-8, ch. 17096, 1935; CGL 1936 Supp. 3348(15)­(22) ; am. § §1, 2, ch. 23080, 1945.

Sub. § § (9)- (21) comp. § §1, 2, ch. 26831, 1951.

585.35 Power of board to enter private premises for purpose of inspection, etc.-For the purpose of carrying out the provisions and requirements of this chapter, and all rules and

2137 STATE LIVESTOCK SANITARY BOARD §585.4.f

regulations made pursuant thereto, the board, and all its employees duly authorized, are em­powered to enter upon any grounds or premises in this state for the purpose -of inspection, quarantine or disinfection, or to carry out any other provisions of this chapter.

Hlstor;r.-§16, ch. 7345, 1917; RGS 2116; CGL 3343.

585.36 Board charged with enforcement of law; duties_ of prosecuting attorneys.- The board shall see that the provisions of this chap­ter are carried out, and may require the state attorney or county solicitor or other prosecut­ing officer in any circuit or county to institute suits, civil or criminal, for the purpose of en­forcing or carrying out the terms of this chap­ter and the rules of said board and preventing violations thereof, and any person or officer cl)arged with any duty under this chapter may be compelled to perform the same by mandamus, injunction or other extraordinary remedy upon the application and in the name of the said board. ·

Hlator;r.-§13, ch. 7345, 1917; RGS 2113; CGL 3342.

585.37 Courts have power to enforce pro­visions by mandamus or injunction.-The cir­cuit courts of this state shall have the power to enforce any of the provisions of this chapter, and any rule or regulation of the board pur­suant thereto by mandamus, or temporary or permanent injunction, either or both, upon the application of said board, against any person who shall violate any provision of this chap­ter or any such rule or regulation.

Hlstory.-§20, ch. 7345, 1917 ; RGS 2118; CGL 3344,

585.38 Injuring property used in the erad­ication of diseases of cattle, etc.-Any person who shall injure, destroy or attempt to destroy any property or equipment or facilities owned by any individual, firm, company, corporation or county · or any property or equipment or facilities owned by the board or the State of Florida, used or intended to be used in the prevention, control, suppression or eradication of any infectious, contagious or communicable diseases affecting domestic animals, shall be deemed guilty of a misdemeanor and 'upon con­viction shall be punished for each and every offense by a fine not exceeding one thousand dollars or imprisonment not exceeding one year.

Hlstory.-§21, ch. 7345, 1917; RGS 5555; CGL 7741. cf.-§775.06, Alternative punishment.

585.39 Interference with state livestock sanitary board.-Any person who forcibly as­saults, resists, opposes, prevents, impedes or interferes with the board, or any of its duly authorized representatives, in the execution of its duties, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not exceeding five hundred dollars or by imprisonment of not exceeding six months.

Hlstory.-§16, ch. 7345, 1917; RGS 5552; §4, ch. 8508, 1921 ; CGL 7738. cf.-§775.06, Alternative pun!shment.

585.40 Violation of quarantine regulations. --VVhenever the board places any area under

quarantine, it shall be unlawful for any person, while such quarantine exists, to take, drive, or transport any cattle, hogs or other domestic animals, either out of or into such quarantined locality without permission of the board; any person, violating any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not exceeding five hundred dollars or by imprisonment of not exceeding six months.

Hlatory.-§17, ch. 7345, 1917; RGS 5553; §5, ch. 8508, 1921; CGL 7739. cf.-§775.06, Alternative punishment.

585.41 Violation of rules or regulations of board.-Any person who violates or fails to keep and perform any rule or regulation of the board shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not exceeding five hundred dollars or by imprisonment of not exceeding six months.

Hlstory.-§19, ch. 7345, 1917; RGS 5554; §6, ch. 8508, 1921; CGL 7740 ; §10, ch. 17273, 1935; CGL 1936 Supp. 7742(4). cf.-§775.06, Alternativ e punishment.

585.42 Killing young veal for sale; penalty. -VVhoever kills or causes to be killed for the purpose of sale, any calf less than four weeks old, and knowingly sells, or has in his posses­sion with intent to sell, the meat of any calf killed when less than four weeks old, shall be punished by fine of not exceeding two hundred dollars.

Hlstory.-Sub. §9, §2, ch. 1637, 1868;RS 2661; GS 3590 > RGS 5519; CGL 7684.

585.43 Consolidated.-Htstory.-§§1, 2, ch. 20733, 1941; am. §§1-2A, ch. 21741,

1943; consolidated with . §585.32 by §1, ch. 22517, 1945.

585.44 Purchase, distribution and adminis­tration of brucellosis (Bang's disease) vac­cine.-

(1) The board is hereby authorized and re­quired to purchase brucellosis (Bang's disease) vaccine in such units as deemed advisable by said board, at the lowest and best bid or bids, from one or more reliable manufacturers producing a high quality product.

(2) The board shall distribute through em­ployees of said board, licensed veterinarians and recognized and approved agents of the state and federal governments, brucellosis (Bang's disease) vaccine without cost thereof to any owner of cattle in Florida making application therefor up­on blanks to be furnished by said board and ap­proved by the administrator of said vaccine.

(3) VVhenever said vaccine is distributed as provided in subsection (2), the administrator thereof shall identify each and every animal to which said vaccine is so administered by means of a permanent identification. The board shall designate one or more proper means of identification to be used for this purpose. It shall be unlawful for any person to administer said vaccine to any animal bearing such identifi­cation or to any animal known to said admin­istrator to have been so identified.

Hlstor;r.-§2, ch. 22517, 1945. Sub. § (4) repealed by §136, ch. 26869, 1951.

§585.45 STATE LIVESTOCK SANITARY BOARD 2138

585.45 Right of appeal.-Any owner or cus­todian of any cattle or other domestic animals, which shall include horses and mules, which the state livestock sanitary board has required to be dipped or inspected, shall have the right to appeal from the order so made by said board within a period of ten days from·the date of said order to the circuit court of the county in which the office of the supervisor of tick eradication is located. The appeal may be made by filing in the circuit court a petition setting forth the order made by said board and requesting the court to take jurisdiction of the matter and to rule upon the validity of the order made by said board. And in the event of the filing of such petition it shall be the duty of the judge of the aforesaid circuit court, within ten days after the filing of said petition, to consider the valid­ity of said order or orders, requiring such dip­ping, or inspection, and the judge of said court is authorized to hear any evidence that may be produced that he thinks might pertain to or be helpful in deciding the case, and to render his ruling upon said petition within ten days after the same is filed. If the order of said board is -overruled and set aside by the judge of said court, costs of such proceeding shall be paid by the state livestock sanitary board. If the order is affirmed, the cost shall be paid by the person filing the petition. In disposing of said cases the court shall have the power and authority

to issue subpoena-s to any witness the court may deem necessary or that may be applied for by respective parties to said cause.

Hlstory.-§15, ch. 23775, 1947.

585.46 Expired.­History.- §16, ch. 23775, 1947. Expired.

585.4 7 Failure of veterinarians_ or the own­ers of domestic animals or cattle afflicted or suffering with contagious, infectious or com­municable diseases, or infected by or infested with the cattle fever tick, to report the same.­Any practitioner of veterinary medicine in the St~te of Florida, or the owner of any domestic ammal or cattle afflicted with or suffering from any contagious, infectious or communic­able disease or infected by or infested with the cattle fever tick, who, upon gaining such in­formation of the existence of any such disease · or the infection by or infestation with the cattle fever tick, in, of or among such domestic animals or cattle, wilfully fails to report the same to the board in writing, as required under the provisions of §585.19, Florida Statutes shall be guilty of a felony and upon conviction' shall be punished by imprisonment in the state prison for a term not exceeding ten years, or by a fine not exceeding five thousand dollars.

History.-Comp. §9, ch. 25358, 1949.

• ·2139 LEGAL FENCES AND LIVESTOCK AT LARGE §588.10

CHAPTER. 588 LEGAL FENCES AND LIVESTOCK AT LARGE

588.01 Requirements of general fence. 588.011 Legal fence; requiremen~s. 588.07 Prohibition of stakes, etc. 588.08 Right to land not in is~:ue. 588.09 Legally enclosed land; fenced and posted. 588.10 Posted notices; requirement. 588.11 Owner to maintain fence:; and notices. 588.12 Livestock at large; legislative findings. 588.13 Same; definitions. 588.14 Same; duty of owner. 588.15 Same; liability of owner. 588.16 Same; authority to impound liyestock run­

ning at large or strayn. 588.17 Same; disposition of impounded livestock.

588.01 Requirements of general fence.-All fences or enclosures of land shall be substan­tially constructed, whether with rails, logs, post and railing, iron, steel, c1r other material, and not less than five feet hi:;rh; to the extent of two feet from the ground there shall not be a space between the material used in the con­struction of any fence greater than four inches; provided, that when any fence or enclosure shall be made with a trench or a ditch, the same shall be four feet wide; and in that case the fence shall be five feet high from the bot­tom of the ditch to the top of the fence.

Hlstory.-§875, RS 1892; §1, ch. 5038, 1901; GS 1233; RGS 2364 ; CGL 3773.

588.011 Legal fence; requirements.-( ! ) Any fence or enclosure at least three

feet in height made of barbed or other wire consisting of not less than three strands of wire stretched securely on posts, trees, or other sup­ports, standing not more than twenty feet apart, shall be considered as a legal fence.

(2) Any fence or enclosure made of any other material which meets substantially the minimum requirements or specifications men­tioned in subsection (1) hereof, shall be con­sidered as a legal fence.

(3) Legal fences may include gateways or openings therein provided, (a) that any such gateways shall be equipped with gates which are so constructed as to meet the minimum requirements or specifications of a legal fence, or, (b) that any such opening shall be equipped with a cattle or livestock guard at least six feet in width extending to each end of the opening.

(4) The requirements of §588.01, Florida Statutes, shall constitute and be a legal fence to prevent the intrusion of swine where the running at large of swine is not prohibited by law.

Hlstory.-Comp. §§1-3, 8, ch. 25357, 1949.

588.02 Repealed.-History.-§2, ch. 5038, 1901; GS 1235 ; RtlcS 2366; CGL

8775. Repea led by §9, ch. 25357, 1949.

588.03 Repealed.-History.-§2, ch. 3619, 1885; RS 876; GS 1234; RGS 2365;

CGL 3774. Repea le d by §9, ch. 25357, 1949.

588.04 Repealed.-Hlstory.-§1, ch. 4761, 1899; GS 1236; RGS 2367; CGL

8776. Rep e a le d by §9, ch. 25357, 1949.

588.18 Same; fees. 588.19 Same; failure to secure purchaser or in­

sufficient funds to defray certain costs. 588.20 Same; report of sale and disposition of

proceeds. 588.21 Same; duty of commissioners to provide

places for impounding of livestock and transportation of same.

588.22 Same; duty of impounder. 588.23 Same; right of owner. 588.24 Same; penalty. 588.25 Same; application; limitation. 588.26 Effective date.

588.05 Repealed.-History.-§2, ch. 4761, 1899; GS 1237 ; RGS 2368; CGL

3777; am. §7, ch. 22000, 1943. R epealed by §9, ch. 25357, 1949.

588.06 Repealed.-History.-§1, ch. 4937, 1901; GS 1238; RGS 2369; CGL

3778. Repealed by §9, ch. 25357, 1949.

588.07 Prohibition of stakes, etc.- No planter or other person not having a lawful fence shall fix or cause to be fixed in any of his enclosures, any canes or stakes or any thing that shall or may kill or maim, hurt or destroy any cattle, horses, sheep, goat or swine, under penalty of ten dollars for every such offense, to be recovered before the proper court; one half of the penalty thereof shall go to the informer and the other half to the county.

Hlstory.-§3, June 11, 1823; RS 878; GS 1239; RGS 2370; CGL 3779.

58K08 Right to land not in issue.-:rn all trials to be had by virtue of this chapter, the right to the land on which the trespass or damages shall be said to be done, of the party in possession thereof, shall not be brought into question, but the same shall be taken for grant­ed for all intents and purposes.

History.-§5, June 11, 1823; RS 879; GS 1240; RGS 2371; CGL 3780.

588.09 Legally enclosed land; fenced and posted.-

(1) Land shall be legally enclosed land, or posted land, when enclosed by a legal fence, and when there shall be placed along the boun­dary of said land in the manner herein pro­vided posted notices to the public; provided that it shall not be necessary to erect any fence along any portion of the boundaries of the land formed by any ocean, gulf, bay, river, creek, or lake.

(2) The fences, enclosures and the posted notices, when erected, placed and maintained as herein required shall be notice to the public that the land enclosed thereby is private prop.­erty upon which unauthorized entry for any purpose is prohibited and shall constitute a warning to unauthorized persons to remain off of or to depart from said land.

History.-Comp. §§4, 6, ch. 25357, 1949.

588.10 Posted notices; requirement.-Posted ' notices to the public as required by §588.09

• §588.11 LEGAL FENCES AND LIVESTOCK AT LARGE 2140

shall be signs upon which there shall appear prominently, in letters of not · less than two inches in height, the word "posted," and in addition thereto there shall appear the name of the owner, lessee, or occupant of said land. Said posted notices shall be placed along, on, or close within the boundaries of any legally enclosed or posted land in a manner and in such position as to be clearly noticeable from the outside of the enclosure, and said notices shall be placed not farther than five hundred feet apart along, and at each corner, of the boundaries of the land, and also at each gate­way or opening of the fence enclosing the same. Said notices shall be placed along all boundaries formed by the waters mentioned herein on trees or posts close to the banks of said waters in position so as they may be noticeable to persons approaching the boundary formed by said waters.

History.-Comp. §5, ch. 25357, 1949.

588.11 Owner to maintain fences and no­tices.-The owner of legally enclosed land shall maintain in reasonable good condition the fence or enclosure around such hind and shall main­tain in legible condition any and all posted notices as required by §§588.09, 588.10, but a substantial or reasonably effective compliance with the provisions of §§588.011, 588.09, 588.10, disregarding minor or inconsequential differ­ences in the size, shape or condition thereof, shall be sufficient for the purpose of evidencing the legal enclosure of said land.

Hlstory.-Comp. §7, ch. 25357, 1949.

588.12 Livestock at large; legislative find­ings.-There is hereby found and declared a necessity for a statewide livestock law em­bracing all public roads of the State of Florida and necessity that its application be uniform throughout the state, except as hereinafter pro­vided.

Hlstory.-Comp. §1, ch. 25236, 1949.

588.13 Same; definitions.-In construing §§588.12-588.25 the following words, phrases or terms shall be held to mean :

(1) "Livestock" shall include all animals of the equine, bovine or swine class, including goats, sheep, mules, horses, hogs, cattle and other grazing animals.

(2) "Owner" shall include any person, asso­ciation, firm or corporation, natural or artificial, owning or having custody of or in charge of livestock.

(3) "Running at large" or "straying" shall mean any livestock found or being on any public roads of this state and not under ~anual con­trol of a person.

(4) "Public roads" as used herein shall mean those highways within the state which are, or may be, maintained by the state road department, including the full width of the right of way.

Hlstory.-Comp. §2, ch. 25236, 1949.

588.14 Same; duty of owner.-No owner shall permit livestock to run at large on or stray upon the public roads of this state.

Hlstory.-Comp. §3, ch. 25236, 1949.

588.15 Same; liability of owner.-Every owner of livestock who intentionally, wilfully, carelessly or negligently suffers or permits such livestock to run at large upon or stray upon the public roads of this state shall be liable in damages for all injury and property damage sustained by any person by reason thereof.

Hlstory.-Comp. §4, ch. 25236, 1949.

588.16 Same; authority to impound livestock running at large or strays.-It shall be the duty of the sheriff or his deputies or any other law enforcement officer of the county or state high- · way patrolmen, where livestock is found to be running at large or straying, to take up, con­fine, hold and impound any such livestock, to be disposed of as hereinafter provided.

Hlstory.-Comp. §5, ch. 25236, 1949.

588.17 Same; disposition of impounded live­stock.-

(1) Upon the impounding of any livestock by the sheriff or his deputies or any other law enforcement officers of the county or state high­way patrolmen, the sheriff shall forthwith serve written notice upon the owner, advising such owner of the location or place where the live­stock is being held and impounded, the amount due by reason of such impounding, and that unless such livestock be redeemed within three days from date thereof that the same shall be offered for sale.

(2)' In the event the owner of such livestock is unknown or cannot be found, service upon the owner shall be obtained by once publishing a notice in a newspaper of general circulation where the livestock is impounded (Sundays and holidays excluded). If there be no such news­paper then by posting of the notice at the court house door and at two other conspicuous places within said county. .

Such notice shall be in substantially the fol­lowing form: "To Whom It May Concern:

You are hereby notified that the following described livestock (giving full and accurate description of same, including marks and brands) is now impounded at (giving location where livestock is impounded) ........................... . .............................. and the amount due by reason of such impounding is .............................. dollars. The above descr ibed livestock will, unless re­deemed within three days from date hereof, be offered for sale at public auction to the highest and best bidder for cash.

Date Sheriff of ............ County, Florida (3} Unless the impounded livestock is re­

deemed within three days from date of notice, the sheriff shall forthwith give notice of sale thereof which shall be held not less than five days nor more than ten days (excluding Sun­days and holidays) from the first publication of the .notice of sale. Said notice of sale shall be published in a newspaper of general circu­lation in the said county (excluding Sundays and holidays) and by posting a copy of such notice at the court house door. If there be no such newspaper then by posting such copy at

2141 LEGAL FENCES ANn LIVESTOCK AT LARGE §588.23

the court house door and at two other con­spicuous ,places in said county.

Such notice of sale shall be in substantially the following form:

(N arne of owner, if known, otherwise 'To. Whom It May Concern') you are hereby noti­fied that I will offer for sale and sell at public sale to the highest and best bidder for cash the following described livestock (giving full and accurate description of each head of live-stock) at ---------------- o'clock, __________ M, (the hour <>f sale to be between 11 o'clock A. M. and 2 o'clock P.M. Eastern Standard Time) <>n the _______ ____ _ ;_____ day of ------------------ at the following place --------------·--- (which place shall be where the livestock is im:rounded or at the place pro­vided by the county commissioners for the tak­ing up and keepin .~ ol such livestock) to satisfy a cla im in the sum of ------------ -- ---------------- for fees, expenses for feeding and care and costs hereof.

Date Sheriff of ------------ County, Florida Hlstory.-Comp. §6, ch. 25236, 1949.

588.18 Same; fees.-The fees allowed for impounding, serving notice, care and feeding, a!hrertising, and disposing of impounded ani­mals, shall be as follows:

(1) For impounding each animal, the sum of two and one-half dollars and mileage as pro­vided by law for the arrest and commitment of prisoners.

(2) For serving any notice and making re­turn thereon, the sum of one and one-half dol­lars and mileage provided by law for executing writs in actions at law and making return upon the same.

(3) For feed and care of impounded animals the sum of fifty cents per day per animaL

( 4) For advertising or posting notices of sale of impounded animals, the same as pro­vided by law for advertising property for s.ale under process.

(5) For sale or other dispositions of im­pounded animals, the sum of one dollar.

(6) For report of sale of impounded ani­mals the sum of fifty cents.

History.-Comp. §7, ch. 25236, 1949.

588.19 Same; failure to secure purchaser or insuffieient funds to defray certain costs.-If there be no bidder for such livestock at the sale aforesaid, the sheriff shall kill or cause the same to be killed and shall dispose of the carcass thereof and if there be any money re­ceived by hiy;n on account of the said disposal, the same shall be disbursed in the manner here­inafter provided, and if there be no ready sale for said carcass the sheriff shall forthwith de­liver the carcass to a public institution of the county, state or municipality within said county, or to any private charitable · institution, in the order herein set forth, according to their needs.

Hlstory.-Comp. §8, ch. 25236, 1949.

588.20 Same; report of sale and disposition of proceeds.-

(1) The sheriff, upon making a sale or other disposal as herein provided, shall forthwith

make a written return thereof to the clerk of the circuit court of such county, with a full and accurate description of the livestock sold or disposed of by him, to whom, and the sale price thereof, which report shall be filed by said clerk.

(2) At the time of making his return the sheriff shall pay over to the clerk of the circuit court the entire proceeds of the sale.

(3) The clerk of the circuit court shall pay all costs and fees as allowed in §588.18 if there be any baliJ.nce remaining, such balance shall be paid to the owner of such livestock, provid.ed the owner shall make satisfactory proof of ownership to the board of county commissioners within ninety days from the .date the sheriff reports the sale. If proof of ownership, as aforesaid, be not made within the time men­tioned, the clerk shall pay such proceeds into the fine and forfeiture fund of said county. The clerk shall keep a permanent record of all sales, disbursements, and distributions made under §§588.12-588.25.

(4) If the amount realized from the sale or other disposition of the animal is insufficient to pay all fees, costs and expenses as provided in §§588.12-588.25, the deficit shall be paid by the county from its fine and forfeiture fund.

History.-Comp. §9, ch. 25236, 1949.

588.21 Same; duty of commissioners to pro­vide places for impounding of livestock and transportation of same.-The county commis­sioners of the several counties of Florida shall establish and maintain pounds or suitable places for the keeping of any livestock taken up and impounded hereunder until the same shall be sold, redeemed or otherwise disposed of. In any c~se such county commissioners shall pro­vide truck transportation for the impounded · animals.

Hlstory.-Comp. §10, ch. 25236, 1949.

588.22 Same; duty of impounder.-The sher­ift shall provide feed for the impounded ani­mals and see that such livestock shall have feed and water not less than twice a day and that all milk cows and milk goats are milked twice a day. The sheriff shall employ pound­masters, guards or other persons as may be necessary to protect, feed, care for and have custody of the impounded animals and the sheriff shall be entitled to the fees herein al­lowed for such feed and care.

History.-Comp. §11, ch. 25236, 1949.

588.23 Same; right of owner.-The owner of any impounded livestock shall have the right at any time before sale thereof to redeem the same by paying to the sheriff all impounding expenses, including fees, keeping charges, ad­vertising or other costs incurred therewith which sum shall be deposited by the sheriff with the clerk of the circuit court who shall pay all fees and costs as allowed in §588.18. In the event there is a dispute as to the amount of such costs and expenses, the owner may give bond with sufficient sureties to be ap­proved by the sheriff, in an amount to be de-

§588.24 LEGAL FENCES AND LIVESTOCK AT LARGE 2142'

termined by the sheriff, but not exceeding ·the fair cash value of such livestock, conditioned to pay such costs and damages; thereafter, within ten days, the owner shall institute suit in equity to have the damage adjudicated by a court of equity or referred to a jury if re­quested by either party to such suit.

Hlstory,-Comp, §12, ch. 25236, 1949.

588.24 Same; penalty.-Any owner of live­stock who unlawfully, intentionally, knowingly or negligently permits the same to run at large or stray upon the public roads of this state or any person who shall release livestock, after being impounded, without authority of the im­pounder, shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by fine not exceeding five hundred dollars, or by both such fine and imprisonment.

Hlstory.-Comp. §13, ch. 25236, 1949.

588.25 Same; application; limitation.-The provisions of §§588.12-588.25 shall not apply to counties having special laws or general laws

of local application requiring the confinement and restraint of livestock; provided, however, where .the provisions of such special laws or general laws of local application do not prohibit. livestock from running upon or straying upon the public highways, or the provisions of such special laws or general laws of local applica­tion do not provide for liability of owners of livestock for damages and injuries caused by such livestock, or provide less severe penalties than imposed by §588.24, the provisions of this act shall apply in each such case as if the pro­visions hereof were inserted in full in any such special law or general law of local application. Provided, further, that if any such special law or general law of local ·application is found unconstitutional or in any way inoperative, then this act shall be in full force and effect in the county, or counties, affected.

Hlstory.-Comp. §14, ch. 25236. 1949.

588.26 Effective date.- Sections 588.12-588.25 shall take effect July 1, 1950.

Hlstory.-Comp. §17, ch. 25236, 1949. cf.-§341 .81 Time no-fence law effective as to designated state

roads.

•

2143 FLORIDA BOARD OF FORESTRY §589.03

CHAPTER 589 FLORIDA BOARD OF FORESTRY

589.01 Florida board of forestry. 589.011 Same; duties, powers, etc. , after name

change. 589.02 Headquarters and meetings of board. 589.03 Compensation and allowances. 589.04 Duties of board. 589.05 State forester, employees, clerks, etc. 589.06 Warrants for payment of accounts, ex-

penses, etc. 589.07 Board may acquire lands for forest and

park purposes. 589.08 Restrictions upon acquisition of lands. 589.09 Use of lands acquired. 589.10 Disposition of lands. 589.11 Duties of board as to Clarke-McNary law. 589.12 Rules and regulations. 589.13 Lien of board and other parties, for for-

estry work, etc. 589.14 Enforcement of lien; notice, etc. 589.15 Form of notice. 589.16 Time for filing notice of lien. 589.17 Application of general laws.

589.01 . Florida board of forestry.-The Flor­ida board of forestry hereinafter called the board, shall be composed of five members, to be appointed by the governor for terms of four years each, dating from the termination of the now existing terms. Before entering upon the discharge of their duties as members of said board each member shall subscribe to the oath of office as required by the constitution and shall also be required to give a good and suffi­cient bond, in the penal sum of ten thousand dollars with some surety company authorized to do business in Florida as surety, payable to the governor and his successors in office and conditioned upon the due and faithful perform­ance of his duties as a member of said board.

19~~story.-§1, ch. 12283, 1927; CGL 4151(1); §1, ch. 20419,

cf.-Ch. 590, Forest p~otectlon. Ch. 591, Forest development.

589.011 Same; duties, powers, etc., after name change.-

(1) The name of the governmental agency now designated as "Florida board of forestry and parks" is changed, and henceforth shall be known and officially designated as "Florida board of forestry."

(2) The present members of "Florida board of forestry and parks" hereafter to be knowri and designated as "Florida board of forestry" shall have and are invested with all rights, powers, duties, privileges and authority here­tofore vested in "Florida board of forestry and parks" in so far as they pertain, or are ap­plicable, to the development, production, har­vesting and protection of forest lands and for­est products, and the said board is charged with the duty and responsibility, under the name of "Florida board of forestry" of carry­ing out, performing and discharging, all duties and obligations, contractual or otherwise here­tofore assumed by or imposed upon "Florida board of forestry and parks."

589.18 Board to make certain investigations. 589.19 Creation of certain state forests and parks. 589.20 Cooperation by board. 589.21 Management to be for public interest. 589.22 Rules and regulations for certain parks. 589.23 Florida park service. 589.24 Cooperation of Florida park service with

counties, etc. 589.25 Fees for use of state parks. 589.26 Dedication of state park lands for public use. 589.27 Power of eminent domain; procedure. 589.28 County commissioners authorized to coop­

erate with Florida board of forestry and parks in employing county forester.

589.29 Same; qualifications of county forester. 589.30 Same; duty of county forester. 589.31 Same; cooperative agreement. 589.32 Same; salary and expense of county forester. 589.33 Same; expenditure of budgeted funds. 589.34 Same; revocation of agreement.

(3) All funds, credits, property of every nature, real, personal or mixed, which may be owned or be now vested in "Florida board of forestry and parks" acquired, held, appro­priated or by any means secured for the pur­pose of development, production, protection and harvesting of forest lands and forest products is by this section transferred to and vested in "Florida board of forestry" with full power to own, possess, control and administer the same as though acq~ired in its name.

( 4) The Florida board of forestry is a body corporate and shall adopt and have a corporate seal; shall act in its corporate name by its president, vice-president or secretary; sue and be sued in all courts of law and equity, pro­vided no suit sounding in tort shall be main­tained against the said corporation, and exer­cise all powers of a body corporate in all trans­actions and for all lawful purposes.

Hlstory.-Comp. §§1-4, ch. 25324. 1949.

589.02 Headquarters and meetings of board. -The official headquarters of said board shall be in Tallahassee, Florida, but it may ·hold meetings at such other places in the state as it may determine by resolutions or as may be selected by a majority of the members of said board in any call for a meeting. Th~ annual meeting • of the board shall be held on the first Monday in October of each year. Special meetings may be called at any time by the president or upon the written request of a majority of the members. The said board shall annually select from its members a presi­dent, a vice-president and secretary, said elec­tion to be held at the annual meetings of the board. · A majority of the members of said board shall constitute a quorum for said purposes.

Hlstory.-§§1, 2, ch. 12283, 1927 ; CGL 4151(1), (2) .

589.03 . Compensation and allowances.­Members of the board shall receive no compen­sation for the services which they may render

§589.04 FLORIDA BOARD OF FORESTRY

under the provisions of thiR chapter; provided, however, that they shall be reimbursed for their actual reasonable expense necessarily incurred in attending meetings of the board and in the performance of duties as members of the board; provided further that the aggregate expense of all members of the board shall not, during any fiscal year, exceed the sum of twenty-five hun­dred dollars.

History.- §3, ch. 12283, 1927 ; CGL 4151(3); am. §1, ch . 24034, 1947.

589.04 Duties of board.-lt shall be the duty of the board under such terms as in the judgment of the board will best serve the pub­lic interest to assist and cooperate with federal and state departments or institutes, county, town, corporation or individual, to gather and dissemi­nate information in regard to forests, their· care and management, to prevent and extinguish for­est fires, and enforce all laws pertaining to for­ests and woodlands.

Hlstory.-§4, ch. 12283, 1927; CGL 4151(4).

589.05 State forester, employees, clerks, etc.-

The board shall employ a state forester, who shall have been technically trained in the pro­fession of forestry, and, in addition, shall have had at least two years' experience in practical and administrative work of that profession, the exact extent and character of which shall be certified by the secretary of the United States department of agriculture, or state administra­tive officer having personal knowledge thereof, whose salary not to exceed seven thousand five hundred dollars a year shall be fixed by the board, and, together with expenses when travel­ing, shall be paid from funds to the credit of the board, and whose duties shall be to take such action as is authorized by law and by the board to prevent and extinguish forest fires, and en­force all laws pertaining to forests and wood­lands, and to cause prosecution for any viola­tion of said laws, and have charge and full authority of law with the immediate direction and control of all matters relating to forestry as authorized by this chapter, or as may be otherwise authorized by law, subject to the supervision and approval of the board, and said board shall -employ such assistants, agents, clerks and employees on such terms and con­ditions as said board shall deem advisable.

History.-§5, ch. 12283, 1927; CGL 4151(5); §1, ch. 15720, 1931; am. §1, ch. 21961, 1943. .

Am. §1, ch. 25118, 1949. •

589.06 Warrants for payment of accounts, expenses, etc.-Upon the presentation to the comptroller of any accounts duly approved by the board, accompanied by such itemized vouch­ers or accounts as shall be required by him, the comptroller shall audit the same and draw a warrant on the state treasurer for the amount for which the account is audited, payable out of funds to the credit of the board.

Hlstory.-§7, ch. 12283, 1927; CGL 4151(7).

589.07 Board may acquire lands for forest and park purposes.-The board, on behalf of the state and subject to the restrictions men-

2144

tioned in §589.08, may acquire lands, suitable for state forest and park purposes, by gift, donation, contribution or otherwise and may enter into agreements with the federal govern­ment, or other agency, for acquiring by gift, purchase or otherwise, such lands as are, in the judgment of the board, suitable and desirable for state forests and parks.

History.-§1, ch. 17027, 1935; CGL 1936 Supp. 4151(10y), cf.-§589.27, Power of eminent do!naln.

589.08 Restrictions upon acquisition of lands.-The board shall enter into no agreement for the acquisition, lease or purchase of any land or for any other purpose whatsoever which shall pledge the credit of, or obligate in any man­ner whatsoever, the State of Florida to pay any sum of money or other thing of value for such purpose, and the said board shall not in any manner or for any purpose pledge the credit of or obligate the State of Florida to pay any sum of money. The said board may receive, hold the custody of and exercise the control of any lands, and set aside into a separate, distinct and inviolable fund, the proceeds which may be derived from the sales of the products of such lands, the use thereof in any manner, or the sale of such lands, save the twenty­five per cent of the proceeds thereof to be paid into the state school fund as provided by the constitution. The board may use and apply such funds for the acquisition, use, custody, management, development or improvement of any lands vested in or subject to the control of such board. After full payment has been made for the purchase of a state forest, to the federal government or other grantor, then ten per cent of the gross receipts from a state forest shall be paid to the county or counties in which it is located in proportion to the acre­age located in each county for use by the coun­ty or counties for school purposes.

History.-§3, ch. 17027, 1935 ; CGL 1936 Supp. 4151(10aa). cf.-§589.27, Power of eminent dom~ln.

589.09 Use of lands acquh:ed.-All lands acquired by the board on behalf of the State of Florida shall be in the custody of and subject to the jurisdiction, management and control of the said board, and, for such purposes and the utilization and development of such land, the said board may use the proceeds of the sale of any products therefrom, the proceeds of the sale of any such lands, save the twenty-five per cent of such proceeds which shall be paid into the state school fund as the constitution requires, and such other funds as may be appropriated for use by the board, and in the opinion of such board. available for such uses and purposes .

Hlstory.-§2, ch. 17027, 1935; CGL 1936 Supp. 4151(10z).

589.10 Disposition of lands.-The board, with the concurrence of the trustees of the in­ternal improvement fund and the governor, may sell, exchange or lease or otherwise dispose of any lands under its jurisdiction by the provi­sions of this chapter when in its judgment it is advantageous to the state to ·do so in the interest of the highest orderly development, im­provement and management of the state forests

2145

and state parks. All such sales, exchanges or leases, or dispositions of such lands, shall be at least upon a thirty days' public notice, to be given in the manner deemed reasonable by the said board.

Hlator:y.-§4, ch. 17027, 1935; CGL 1936 Supp. 4151(10bb).

589.11 Duties of board as to Clarke-McNary law.-The board is designated and authorized as the agent of the State of Florida to co­operate with the United States secretary of agriculture under the provisions of "§§4 and. 5, chapter 348, 43 statutes 654, acts of congress, June 7, 1924, known as the Clarke-McNary law," to assist owners of farms in establishing, improving and renewing wood lots, shelter belts, wind breaks and other valuable forest growth, and also in growing and renewing useful timber crops and also to cooperate with the wood using industries or other agencies governmental or otherwise interested in proper land use, forest management, conservative forest utilization and state park development.

Hletor;y.-§7, ch. 17027, 1935; CGL 1936 Supp. 4151(10ee) .

589.12 Rules and regulations.-The board may make rules and regulations and do such acts and things as shall be reasonable and neces­sary to accomplish the purposes of §§589.07-589.11.

Hletor;y.-§8, ch. 17027, 1935; CGL 1936 Supp. 4151(10ft).

589.13 Lien of board and other parties, for forestry work, etc.-Liens prior in dignity to all others accruing thereafter shall e.xist in favor of the following persons, boards, firms, or corporations upon the following described real estate, under the circumstances herein­after mentioned:

In favor of the board, the United States gov­ernment, or other governmental authority, upon all lands covered in any cooperative or other agreement entered into between the landowner and the board (which term shall embrace and include agreements with Florida board of forestry), the United States government or other governmental authority, for the preven­tion and control of woods fires and other fores­try work to the extent of the amounts expend­ed by such board, service or other governmen­tal authority for and on behalf of the landown­er, and not paid by the landowner under the terms of said agreement.

Hlotor:y.-§1, ch. 17026, 1935; CGL 1936 Supp. 4151(10t).

589.14 Enforcement of lien; notice, etc.­The board, Florida forest service, United States government or other governmental authority shall be entitled to subject said real estate in equity for the value of such expenditures made by it in pursuance of any such agreement, and may, at any time after the expenditure thereof and after default in payment thereof by the landowner in accordance with the terms of such agreement, file in the office of the clerk of the circuit court of the county in which the property is located, and have recorded in the record of liens kept by said clerk, a notice of the expendi­tures made in pursuance of said agreement and of default of the landowner in the payment of

FLORIDA BOARD OF FORESTRY §589.19

same in accordance with the terms thereof (the form of notice being provided in §589.15), and from the date of the filing of such notice the rights of purchasers or creditors of such land­owner shall be subject and subordinate to the claim. set out in said notice.

Hlstor:y.-§2, ch. 17026, 1935; CGL 1936 Supp. 4151(10u).

589.15 Form of notice.-The said notice shall be substantially as follows: It shall be in writing and shall be sworn to by the duly authorized agent of such board, service or gov­ernmental authority filing same. It shall state the name of the owner of said property, the nature and character of the labor or services performed or to be performed, an itemized statement of the expenditures made in pur­suance of said agreement and the value there­of, and shall also contain a description of the property covered by the said agreement and to which said services and expenditures are applicable.

Hletor;y.-§3, ch. 17026, 1935; CGL 1936 Supp. 4151(10v).

589.16 Time for filing notice of lien.-The notice of lien may be filed prior to the filing of a bill of complaint brought to enforce said lien; provided that nothing herein contained shall prevent the filing of such notice at any time after the contract or agreement has been en­tered into and default made by the landowner in payment of any amount due under the con­tract or agreement; and suit in equity to en­force the rights of the board, service or gov­ernmental authority as provided in this chap­ter, must be brought within twelve months from the filing of said notice of lien.

Hlotory.-§4, ch. 17026, 1935; CGL 1936 Supp. 4151(10w).

589~17 Application of general laws.-The general laws of this state with reference to the acquisition and enforcement of statutory liens shall be applicable to the lien created by §§589.13-589.16 insofar as the same may be consistent with and pertinent hereto.

Hiotor:v.-§5. ch. 17026, 1935; CGL 1936 Supp. 4151(10x).

589.18 Board to make certain investiga­tions.-The board shall conduct investigation3 and make surveys to determine the areas of land in the state which are available and suit­able for reforestation projects, state forests and state parks, and may recommend to the trustees of the internal improvement fund, any state agency, or any agency created by state law which is authorized to accept lands in the name of the State of Florida, concerning their acquisi­tion. The board shall be considered as a state agency under this law.

Hiotory.-§1, cb. 16030, 1933; CGL 1936 Supp. 4151(10a).

589.19 Creation of certain state forests and parks.-When the trustees of the internal im­provement fund, any state agency, or any ag~ncy created by state law, authorized to accept reforestation lands in the name of the State of Florida, approve the recommendations of the board in reference to the acquisition of land and acquire such land, the said trustee, state agency, or agency created by state law, may

§589.20 FLORIDA BOARD OF FORESTRY

formally designate and dedicate any area as. a reforestation project, state forest, or state park, and where so designated and dedicated such area shall be under the administration of the board which shall be authorized to manage and administer said area according to the purpose for which it was designated and dedicated.

Hlstory .-§2, ch. 16030, 1933; CGL 1936 Supp. 4151(10b).

589.20 Cooperation by board.-The board may cooperate with other state agencies, who are custodians of lands which are suitable for forestry or park purposes, in the designation and dedication of such lands for forestry or park purposes when in the opinion of the state agencies concerned such lands are suitable for these purposes and can be so administered. Upon the designation and dedication of said lands for these purposes by the agencies concerned, said lands shall be administered by the board.

Hlstory.-§3, ch. 16030, 1933; CGL 1936 Supp. 4151(10c).

589.21 Management to be for public inter­est.-All state forests, state parks, and refores­tation projects mentioned in this chapter shall be managed and administered by the board in the interests of the public. If the public inter­ests are not already safeguarded and clearly defined by law or by regulations adopted by the state agencies authorized by law to administer such lands, or in the papers formally transferring said projects to the board for administration, then, and in that event, the board may define the purpose of said project. Such definition of purposes shall be construed to have th·e authority of law.

Hlstory.-§4, ch. 16030, 1933; CGL 1936 Supp. 4151(10d).

589.22 Rules and regulations for certain parks.-The board may adopt and enforce such rules and regulations as may be necessary for the protection, utilization, development, occu­pancy, and use of said forests, parks, and re­forestation areas, consistent with existing laws and with the purpose, or purposes, for which said areas were acquired, designated, and dedi­cated, and when such rules and regulations shall have been adopted they shall have the force and effect of law.

Hlstory.-§5, ch; 16030, 1933; CGL 1936 Supp. 4151(10e).

589.23 Florida park service.-The board may establish and maintain a department of state parks, to be known as the "Florida park service," which shall be administered by the board for the purpose of acquiring, developing and administering Florida state parks, in co­operation with the national park service, the trustees of the internal improvement fund or any other governmental agency. Said Florida park service shall be operated by and under the ex­clusive supervision of the board, using funds specifically appropriated for park purposes. The said board may employ a director of "Florida park service," whose qualifications shall be de­termined by said board, and to employ such other employees as said board shall deem necessary, and to determine the compensation of such di­rector and such employees. Such director of the

2146

"Florida park service" shall perform such duties as are specified for him by said board.

History.-§§1-3, ch. 17025, 1935; CGL 1936 Supp. 1749(1)­(3) ; §1, ch. 20420, 1941; am. §1, ch. 22925, 1945.

589.24 Cooperation of Florida park service with counties, etc.-The board may cooperate with counties in county and state park work, and in this connection county commissioners may acquire, by gift, devise, or purchase from general funds, from individuals, corporations, the United States government or any of its departments or agencies, any lands, which are suitable for public parks or for the ·preservation of natural beauty or places of historic associa­tion, and operate the same as public parks. Said county commissioners may also convey any such . lands so acquired to the trustees of the internal improvement fund or the board, provided such lands are acceptable by said trustees or board.

Hlstory.-§§4-6, ch. 17025, 1935; CGL 1936 Supp. 1749(4)-1749(6).

589.25 Fees for use of state parks.-(1) . The "Florida board of forestry" shall

have the power to charge reasonable fees, rentals or charges for the use or operation of facilities and concessions in state parks, and all such fees, rentals and charges so collected shall be de­posited in the state treasury to the credit of "state park fund," which is hereby created, the continuing balance of which fund is hereby appropriated to be expended by said board for the administration, improvement and mainte­nance of state parks and for the acquisition and development of lands hereafter acquired for state park purposes. The appropriation of said fund shall be continuing, and shall not revert to the general revenue fund at the end of any fiscal year or at any other time but shall, until ex­pended, be continually available to said board for the uses and purposes set forth.

(2) Any moneys received in trust by the Florida board of forestry by gift, devise, appro­priation or otherwise shall, subject to the terms of such trust, be deposited with the state treas­urer in a fund to be known as the "Florida board of forestry trust fund," and shall be subject to withdrawal upon application of said board for expenditure or investment in accordance with the terms of said .trust. Unless prohibited by the terms of the trust by which said moneys are derived, all of such moneys may be invested from time to time by said board in such securi­ties as trust companies organized under the laws of this state are permitted to invest in.

Hlstory.-§§1, 2, ch. 20417, 1941.

589.26 Dedication of state park lands for public use.-The Florida board of forestry is authorized and empowered, from time to time, by resolution, to dedicate and reserve for the use of the public all or any part of the lands heretofore or hereafter acquired by the said Florida board of forestry for park purposes; provided, however, that said dedication and reservation shall be subject to such rules and regulations, as to reasonable use by the public, as may be adopted by said Florida board of forestry.

Hlstory.-§1, ch. 20418, 1941.

2147

589.27 Power of eminent domain; procedure. -Whenever the "Florida board of forestry and parks" shall find it necessary to acquire private property for state parks, state forests or rights­of-way for state park or state forest roads, or for exercising any of the powers and duties authorized and prescribed by law to be exercised and performed by the "Florida board of fores­try and parks," the said "Florida board of for­estry and parks" is hereby empowered and au­thorized to exercise the right of eminent domain and to procel)d to condemn said property in the same manner as provided by law for the condem­nation of private property by counties.

Hlstory.-§1, ch. 20900, 1941.

589.28 County commissioners authorized to cooperate with Florida board of forestry and parks in employing county forester.-For the purpose of stimulating the production of timber wealth through the proper use of forest land in any county, and in Florida in general, and making and keeping the land best suited to that purpose profitable to the owner, the county and the state, the board of county commissioners of any county is hereby authorized to appropriate funds and to enter into cooperative agreements with the Florida board of forestry and parks under terms and conditions specified herein, and such other terms and conditions not in­consistent herewith as in the judgment of the boarda will best serve the individual landowner, the county, and the state as a whole with respect to reforestation and the utilization of forest products.

History .-§1, ch. 20899, 1941.

589.29 Same; qualifications of county fores­ter.-Any county forester employed under the provisions of this law shall be responsible to the state forester and the Florida board of forestry and parks and shall be equipped through forestry training and experience to handle all forestry work assigned to him in a highly effi­cient manner, to the end that the greatest assistance may be given and continuous value accrue to timber landowners in the county.

Hlstory.-§2, ch. 20899, 1941.

589.30 Same; duty of county forester.-It shall be the duty of the county forester, under general direction of the district forester in whose district the county is situated, to direct all work in accordance with law and rules and regula­tions of the board of forestry and parks, gather and disseminate information in regard to grow­ing timber, its care, management, utilization, and sale, assist in furthering fire prevention and control, enforce all laws pertaining to timber theft, fire, and the growing, preservation, and utilization of timber, aid in enforcing laws for the protection of ornamental trees and shrubs outside of city limits, assist timber landowners in planting idle lands with forest tree seedlings of commercial forest value where planting is

FLORIDA BOARD OF FORESTRY §589.36

deemed advisable, advise and assist timber land­owners on proper timber cutting practices for pulpwood and other forest products, and per­form such other work as may be mutually agreed upon by the Florida board of forestry and parks and the county commissioners, as will aid in keeping the forest lands of the county in a high state of .timber production.

History .-§3, ch. 20899, 1941.

589.31 Same; cooperative agreement.-Be­fore any county forester is employed under this law, the county and the Florida board of forestry and parks, through their duly constituted repre­sentatives, shall enter into a mutually satisfac­tory cooperative agreement covering the specific duties, and set up a budget for any fiscal period beginning July 1 and ending June 30, and the county's share of the budget provided shall be turned over to the Florida board of forestry and parks, one-half on or before July 1, and the remainder on or before January :;,, and placed in the incidental fund of the Florida board of forestry.

Hlstory.-§4, ch. 20899, 1941.

589.32 Same; salary and expense of county forester.-The salary and expenses of any coun­ty forester employed under the provisions of this law shall be jointly determined and paid by the Florida board of forestry and parks and the county commissioners of the county for which the forester is employed on the basis of sixty per cent by the board of forestry and parks and forty per cent by the county.

History.-§5, ch. 20899, 1941.

589.33 Same; expenditure of budgeted funds. -Any money budgeted for a fiscal period shall be expended by the board of forestry and parks during the period for which it was budgeted and amounts not expended or specifically obligated by contract or other .legal procedure during that period shall be available for the next fiscal period or shall be returned to the Florida board of forestry and parks and the county in the same proportions as appropriated.

History.-§6, ch. 20899, 1941.

589.34 Same; revocation of agreement.­Any agreement or revision thereof entered into by the Florida board of forestry and parks and the county under the provisions of this law shall continue from year to year, unless written notice is given to the other party thirty days prior to July first of any year of the intention to dis­continue the work and cancel the agreement.

History.-§7, cb. 20899, 1941.

589.35 Exp.ired.­History.-§1, ch. 24123, 1947. Expired.

589.36 Expired.­History.-§1, ch. 24125, 1947. Expired.

• §590.06 FOREST PROTECTION 2148

CHAPTER 590

FOREST PROTECTION

590.01 Protection of forests. 590.02 Powers of board; appointment of forest

investigators and rangers; powers and duties; entry upon lands; arrests, etc.

590.03 Authority of fire wardens. 590.04 Organization of districts. 590.05 Road crews to extinguish fires. 590.06 Adoption of rules for road crews. 590.07 Refusal of road crews. 590.08 Unlawful burning of lands. 590.09 Setting fire on right-of-ways. 590.10 Disposing of lighted cigars, etc.

590.01 Protection of forests.-Whenever it shall appear to the Florida board of forestry and parks, hereinafter called the boa~d, from investigation, h e a r i n g or otherwise that areas in the State of Florida are in need of special protection from forest fires, the said board may designate and establish a fo~es~ pro­tection district in such areas. The hm1ts of each such fire protection district shall be de­fined by the board, and public notice of its establishment shall be published in some one or more newspapers of general circulation in the region affected, once each week for three successive weeks (three insertions), and such additional publicity shall be given to the estab­lishment of said district as the board may deem necessary.

Hlstory.-§2, ch. 17029, 1935; CGL 1936 Supp. 4151(10HH). · cf.-Ch. 589, Florida board ot forestry .

Ch. 591, Forest development.

590.02 Powers of board; appointment of forest investigators and rangers; powers and duties; entry upon lands; arrests, etc.-:-

. ( 1) The Florida board of forestry, m con­nection with the enforcement of this chapter and other forest and forest fire laws, shall have the following powers, authority and duties:

(a) To enforce the provisions of this chapter and other forest fire and forest protection laws of this state;

(b) To preve:t;tt, detect, suppress, and ex­tinguish forest fires in this state and to do all things necessary in the exercise of such powers, authority and duties;

(c ) To provide forest fire fighting crews, who shall be under the control and direction of forest rangers and other designated agents of the board; and

(d) To appoint district foresters, assistant district foresters, investigators, rangers, and other employees.

(e) To use the resources of tile board on state-owned parks and historic memorials wher­ever located within the State of Florida to pre­vent and suppress fires, to cut fire lines, to es­tablish regional fire fighting crews who shall be authorized to suppress fires on state owned park lands and subject to budget commission approval. use funds not otherwise appropriated for the purchase of the necessary equipment for com­batting fires in state parks.

(2) Forest rangers, and the fire fighting

590.11 Camp fires. 590.12 Procedure to lawfully burn land. 590.13 Civil liability. 590.14 Penalties. 590.15 Burden of proof. 590.16 Rewards. 590.25 Penalty for preventing or obstructing ex­

tinguishment of woods fires. 590.26 Liability for cost of suppressing a woods

fire. 1 •

590.27 Penalty for mutilating or destroying state forestry or fire control signs and posters.

crews under their control and direction, may enter upon any lands for the purpose of pre­venting and suppressing forest fires and to enforce the provisions of this chapter and other forest fire and forest protection laws of this state.

(3 ) Forest rangers and other employees of the board may, in the performance of their duties, set backfires, dig trenches, cut fire lines and carry on all customary activities in the fighting of forest fires without incurring lia­bility to any person.

( 4) The governor may, upon the application of the board, appoint a sufficient number of special officers, the exact number to be deter­mined by the Board, but not to exceed twenty in number, who shall have the power and authority of arrest. Such special officers shall furnish bond in the penal sum of two thousand five hundred dollars, payable to the governor of the state, conditioned upon the faithful discharge of their duties ·as such special officers, such bonds to be approved by the board. Such special officers shall have power and authority throughout the state, under the direction and control of the board, to enforce the criminal provisions contained in this chapter and in other laws relating to forests and forest fires. ·

Such special officers shall have power and authority to make arrests with or without war­rants for violations of the criminal provisions of this chapter and of other laws relating to forests and forest fires to the same extent and under the same limitations and duties as do peace officer s under the provisions of Chapter 901 Florida Statutes, as amended. '

In each case where any of the special officers effect an arrest, the sheriff of the county in which such arrest is made shall be entitled to the lawful fees the same as though such arrest had been effected by him or his deputies.

In connection with the enforcement of the said criminal provis~ons, such special officers may go upon all premises, posted or otherwise, when necessary for the enforcement of such laws All such special officers . shall be ex officio f~rest rangers and shall be under the control and · direction of the board; except, the Governor may at any t ime, for cause, remove any powers and auth.ority ?f arrest conferred by him. Such spec1al offrcers shall have the same right and

2149

authority to carry arms as do the sheriffs of this state, unless otherwise provided by order of the governor. The compensation of such special of­ficers shall be fixed and paid by the board from its funds. ·

Hlstory.-§14, ch. 17029, 1935; CGL 1936 8upp. 4151(1088). Am. §1, ch. 26915, 1951.

590.03 Authority of fire warden8.-lt is un­lawful for any person either willfully or care­lessly, to burn or cause to be burned or to set fire to or cause fire to be set to, any forest, grass, woods, wild lands or marshes within a forest protection district, unless written per­mission shall have first been secured from a duly appointed fire warden. The permit must show date and hour for burning and description of lands to be burned over. The board shall prepare the necessary forms and blanks for this purpose, shall prescribe rules and regulations for the issuance of such permits, shall appoint, if necessary, in addition to the regular or emer­gency fire wardens, other persons who shall be authorized to issue such permits, and shall have complete jurisdiction over all other details con­cerned with the setting of fires within such district.

Hlstory.-§4, ch. 17029, 1935; CGL 1936 8upp. 4151(10JJ).

590.04 Organization of di8tricts.-The board shall organize each forest protection district so as to most effectively prevent, detect and sup­press forest fires, and to that enQ, may employ wardens or forest rangers to have charge of its activi~ies in each such district, may subdivide each district into patrol areas, may construct lookout towers, roads, bridges, fire lines, ranger stations, and telE;phone lines, purchase tools for fire fighting as well as other necessary supplies and equipment, and may carry on all other activities deemed necessary to effectively pro­tect the district from such fires.

Hlstory.-§3, ch. 17029, 1935; CGL 1936 8upp. 4151(1011).

590.05 Road crews to extinguish fires.­Every member of a road construction or main­tenance crew, whether employed by the state road department, or by the highway depart­ment or county commissioners of any county, and every road contractor or sub-contractor of said state road department, or the highway department or county commissioners of any county, and their employees shall keep all fires set by them under control and confined to the right of way and suppress all fires discovered and detected by them within two hundred feet of the center line of the right of way of any state, county or public road, or highway on which and adjacent to which the said crew, contractor, sub-contractor and employees are employed.

History.-§5, ch. 17029, 1935 ; CGL 1936 8upp. 4151(10KK).

590.06 Adoption of rules for road crews.­The state road department, and the county commissioners or highway departments of the several counties of this state shall require their construction and maintenance crews, contrac­tors, sub-contractors and employees to comply with the provisions of this chapter and the said state road department, county commis­sioners and highway department to that end

FOREST PROTECTION §590.12

may adopt and promulgate rules and regula­tions for the observance of said crews, con­tractors, sub-contractors and employees in carrying out the purposes and provisions of this chapter.

Hlstory,..:_§6, ch. 17029, 1935 ; CGL 1936 8upp. 4151(10LL) .

590.07 Refusal of road crews.-Any road foreman or member of .a road construction or maintenance crew, or any foreman, superinte.o:­dent or employee of any road contractor or sub­contractor, who shall, without sufficient causE', willfully refuse or neglect to prevent and sup­press fires as provided in this chapter, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished as pro­vided in §590.14.

Hlstory.-§7, ch. 17029, 1935 ; CGL 1936 8upp. 7404(1) .

590.08 Unlawful burning of lands.-It is unlawful for any person to willfully or care­lessly burn or cause to be burned, or to set fire to or cause fire to be set to, any forest, grass, woods, wild lands or marshes not owned or controlled by such person.

History.-§1, 2, ch. 3141, 1879 ; RS 2527; GS 3426; RGS 5284; §1, ch. 12024, 1927 ; CGL 7403, 7404; §8, ch. 17029, 1935; CGL 1936 Supp. 4151(10MM).

590.09 Setting fire on right-of-ways.-It is unlawful for any person to set or cause to be set willfully or carelessly a fire within the con~ fines of the right-of-way of any public road, state road, railroad, or in any other place and allow it to escape onto and burn over any adjoining land.

History.-§10, ch. 17029, 1935; CGL 1936 Supp. 4151(1000).

590.10 Disposing of lighted cigars, etc.-It is unlawful for any person to throw or drop from an automobile or vehicle, or otherwise, a lighted match, cigarette, cigar, ashes, or other flaming or glowing substance, or any substance or thing which may or does cause a forest, grass, or woods fire.

History.-§11, ch. 17029, 1935; CGL 1936 Supp. 4151(10PP).

590.11 Camp fires.-It is unlawful for any individual or group of individuals to build a warming or camp .fire and leave same unex­tinguished.

Hlstory.-§12, ch. 17029, 1935; CGL 1936 8upp. 4151(10QQ).

590.12 Procedure to lawfully burn land.­It is unlawful for any person, either willfully or carelessly, to burn or cause to be burned, or to set fire to or cause fire to be set to, any forest, grass, woods, wild lands or marshes owned or controlled by such person without first giving notice to all resident owners, managers or tenants of lands adjoining and surrounding the area to be burned, said notice to be given in the presence of at least one witness or in writing, not less than one nor more than ten days prior to such burning; or to fail to take reasonable precaution against the spreading of fire to other lands by providing adequate fire

.lines, man-power and fire fighting equipment for the control of such fire, or to watch over said fire until it is extinguished, or to permit fire to escape to adjoining lands; provided, how­ever, that no notice shall be required to be given of the setting of fire in a forest protection

§590.13 FOREST PROTECTION

district where written permission to set such fire has been obtained from a duly appointed fire warden.

Hlstory.-§9, ch. 17029, 1935; CGL 1936 Supp. 4151(10NN). cf.-§ §590.25-590 .27 specifically do not repeal this section. See

§4, ch. 26833, 1951.

590.13 Civil liability.-Any person violating any of the provisions of this chapter shall be liable for all damages caused by such violation, which damages shall be recoverable in any court of competent jurisdiction. The civil lia­bility shall obtain whether there be criminal prosecut~on and conviction or not.

Hlstory.-§17, ch. 17029, 1935; CGL 1936 Supp. 4151(10UU).

590.14 Penalties.-Whoever violates any of the provisions of this chapter (1) willfully or intentionally shall, upon conviction thereof, be deemed guilty of a felony and punished by a fine of not more than one thousand dollars or by imprisonment in the state prison for a term of not more than three years or by both such fine and imprisonment in the discretion of the court, and whoever, (2 ) carelessly violates any of the provisions of this chapter, shall, upon conviction thereof, be deemed guilty of a misdemeanor and shall be punished by a fine of not more than two hundred dollars or by imprisonment in the county jail for a term not to exceed three months, or by both such fine and imprisonment in the dis­cretion of the court, and the penalties herein provided shall extend to both the actual violator and to the person or persons, firm or corporation causing, directing or permitting such violation.

Hlstory.-§15, ch. 17029, 1935; CGL 1936 Supp. 7404(2); §1, ch. 20898, 1941.

Am. §2, ch. 26915, 1951. cf.-§775.06 Alternative punishment.

590.15 Burden of proof.-In any prosecu­tion or civil action brought under the pro­visions of this chapter it shall not be neces­sary for the state or plaintiff to allege and prove absence of the right or authorit-y of the defendant to set or cause to be set the fire, but such right and authority shall be a mat­ter of affirmative defense to be alleged and proved by the defendant.

History.-§13, ch. 17029, 1935; CGL 1936 Supp, 4151(10RR).

590.16 Rewards.-The board, in its discre­tion, may offer and pay rewards for information leading to the arrest and conviction of any per­son violating any of the provisions of this chapter.

Hlstory.-§16, ch. 17029, 1935; CGL 1936 Supp. 4151(10TT) .

590.17-590.24 Transferred.­Transferrect to ch. 591 as § §591.27-591.34.

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590.25 Penalty for preventing or obstruct­ing extinguishment of woods fires.-Whoever shall interfere with, obstruct or commit any act aimed to obstruct the extinguishment of forest fires by the employees of the state board of forestry or any other person engaged in the extinguishment of a woods fire or who injures, or destroys any equipment being used for such purpose, shall be deemed guilty of a felony and upon conviction thereof shall be subject to im­prisonment of not more than three years or by fine not exceeding one thousand dollars, or by both such fine and imprisonment in the discretion of the court.

History.- Comp. §1, ch. 26833, 1951.

590.26 Liability for cost of suppressing a woods fire.-Whoever willfully or carelessly, shall cause an unlawful forest, grass, or a woods fire, shall in addition to all other penalties pro­vided by law be liable for payment of all reason­able costs and expenses incurred in suppressing . same; said costs and expenses shall be payable to the Florida board of forestry; when costs are not paid in a reasonable time on demand, it shall be the duty of the state's attorney of such county wherein any violation · hereof shall occur to take proper proceedings for collection of such costs and charges. The liability for cost of suppression shall ·obtain whether there be criminal prosecu­tion or not and the liability shall extend to the person or persons, firm or corporation causing, directing or permitting such activity as well as to the actual violator.

History.-Comp. §2, ch. 26833, 1951.

590.27 Penalty for mutilating or destroying state forestry or fire control signs and posters. -Whoever intentionally breaks down, mutilates, removes or destroys any fire control or forestry sign or poster of the state board of forestry erected in the administration of its lawful duties and authorities, shall be guilty of a misdemeanor and shall be subject to imprisonment not exceed­ing three months or by fine not exceeding two hundred dollars, or by both such fine and im­prisonment.

History.-Comp. §3, ch. 26833, 1951.