SEA ISLAND COTTON LAW Ch. 579

into a cotton production control district, ef­fective as of January 1st next succeeding the date of the entry of said order. Said commis­sioner 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. 4161(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 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 and enforce the provisions of this chapter;

(4) Make. or cause to be made, all neces­sary 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.

History.-§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 plants 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). cf.-§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).

2401

Ch. 580 FLORIDA COMMERCIAL FEED LAW

CHAPTER 580

FLORIDA COMMERCIAL FEED LAW

580.011 Title. 580.021 Enforcing official. 580.031 Definitions o! words and terms. 580.041 Registration; application; refusal or can­

cellation o! registration. 580.051 Labeling. 580.061 Inspection fees, payment thereof; enforce­

ment; penalties !or counterfeiting; re­porting system and bond requirement.

580.011 Title.-This chapter shall be known as the "Florida commercial feed law."

Histor;r.-Comp. §1, ch. 29755, 1955. N ote.--<:hapter 580 revised In 1955 superseding former chap­

ter 580, "Commercial feeds."

580.021 Enforcing official.-This chapter shall be administered by the commissioner of agriculture of Florida, hereinafter referred to as the "commissioner."

Histor;r.--<:omp. §2, ch. 29755, 1955.

580.031 Definitions of words and terms.­When used in this chapter:

(1) The term "person" includes individual, partnership, corporation, firm, association, and agent.

(2) The term "distribute" means to offer for sale, sell, barter, or otherwise supply com­mercial feeds.

(3) The term "sell" or "sale" includes ex­change.

( 4) The term "commercial feed" means all materials which are distributed for use as feed for domestic animals or birds except:

(a) Unmixed or unprocessed whole seeds. (b) Unground hay, straw, stover, silage,

cobs, husks and hulls; provided, however, that ground straw, stover, silage, cobs, husks, hulls and other low feeding value materials shall be classed as commercial feeds but shall not be used in commercial feed mixtures, except as may be provided by regulation.

The addition of molasses to any feed ma­terial does not make a commercial feed mixture.

(c) Individual chemical compounds when not mixed with other materials.

(5) The term "brand" means the term, de­sign, or trade-mark and other specific desig­nation under which an individual commercial feed is distributed in this state.

(6) The term "label" means a display of written, printed, or graphic matter upon or af­fixed to the container in which a commercial feed is distributed, or on the invoice given the purchaser at the time the commercial feed is delivered.

(7) The term "ton" means a net weight of two thousand pounds avoirdupois.

(8) The term "per cent" or "percentage" means percentage by weight.

(9) The term "official sample" means any sample of commercial feed taken by the com­missioner or his agent.

580.071 Adulteration. 580.081 Misbranding. 580.091 Inspection; sampling; analysis. 580.101 Regulations; standards, definitions. 580.111 Detained commercial feeds. 580.121 Penalties. 580.131 Penalty payable to consumer. 580.141 Publications.

(10) Words importing the singular number may extend and be applied to several persons or things and words importing the plural may include the singular.

Histor;r.--<:omp. 13, ch. 29755, 1955.

580.041 Registration; application; refusal or cancellation of registration.-

(!) Each brand of commercial feed shall be registered before being offered for sale, sold, or otherwise distributed in this state. The application for registration shall be submitted to the commissioner on forms furnished by the commissioner, and if the commissioner so re­quests shall also be accompanied by a label or other printed matter describing the product. Upon approval by the state chemist and the commissioner a copy of the registration shall be furnished to the applicant. All registrations are considered permanent unless new registra­tions are called for by the commissioner or un­less canceled by the registrant. The applica­tions shall include the following information:

(a) The name and principal address of the person registering the commercial feed.

(b) The name or brand under which the commercial feed is to be sold.

(c) The guaranteed analysis, listing the minimum percentage of crude protein, minimum percentage of crude fat, and maximum per­centage of crude fiber, and, when mineral in­gredients are present, the maximum percent­age of ash, or the maximum percentage of total mineral ingredients, or the percentage of each mineral ingredient; provided that maximum percentages of ash or of mineral ingredients for types of commercial feed may be estab­lished by regulation. For mineral feeds the list shall include the following: Maximum and/or minimum percentages of calcium (Ca), phos­phorus (P), salt (NaCI), iron (Fe), copper (Cu), cobalt (Co), manganese (Mn), and fluo­rine (F) if ingredients used as sources of any of these constituents be declared. All mixtures containing mineral ingredients generally re­garded as dietary factors essential for the normal nutrition of animals, and which are sold or represented for the primary purpose of sup­plying these minerals as additions to rations in which these same mineral-factors may be deficient, shall be classified as mineral sup­plements. All other preparations which are sold or represented primarily for the cure, mitiga­tion or prevention of disease shall be classified as drugs, medicines or specifics, and shall be

2402

FLORIDA COMMERCIAL FEED LAW Ch. 580

labeled in accordance with regulations pre­scribed by the commissioner to cover such drugs, medicines and specifics present and ade­quate directions for safe feeding. Other nu­tritional substances or elements, determinable by laboratory methods, may be guaranteed by permission of, or shall be guaranteed at the request of, the commissioner; provided that amounts of ingredients other than mineral and drug ingredients shall not be required. When any such other items are guaranteed, they shall be subject to inspection and analysis in ac­cordance with the methods and regulations that may be prescribed by the commissioner. Prod­ucts sold solely as mineral and/or vitamin sup­plements and guaranteed as specified in this section need not show guarantees for protein, fat and fiber.

(d) The common or usual English name of each ingredient used in the manufacture of the commercial feed.

(2) A distributor shall not be required to register any brand of commercial feed which is already registered under this chapter by an­other person.

(3) The commissioner is empowered to re­fuse registration of any application not in compliance with all provisions of this chapter and to cancel any registration when it is sub­sequently found to be in violation of any pro­vision of the chapter or when he has satisfac­tory evidence that the registrant has used fraudulent or deceptive practices in attempted evasion of the provisions of the chapter or regulations thereunder; provided, however, that no registration shall be refused or canceled until the registrant shall have been notified and given opportunity to be heard before the commissioner.

Wdor;r.-comp. §4. ch. 29765, 1D55.

580.051 Labeling.-(!) Any commercial feed offered for sale

or sold or otherwise distributed in this state in bags, barrels, or other containers shall have placed on or affixed to the container in writ­ten or printed form the net weight and the information required under §580.041 (1).

(2) If distributed in bulk, a written or printed statement of the net weight and the information required by §580.041 (1), shall ac­company delivery and be furnished to the pur­chaser at the time of delivery.

Wdor;r.-comp. §6, ch. 29755, 1956.

580.061 Inspection fees, payment thereof; enforcement; penalties for counterfeiting; re­porting system and bond requirement.-

(!) There shall be paid to the commissioner for all commercial feeds offered for sale, or sold or otherwise distributed in this state an inspection fee at the rate of twenty-five cents per ton; provided, that sales of commercial feeds to manufacturers or exchanges between them are hereby exempted if the commercial feeds so sold or exchanged are used solely in the manufacture of feeds which are registered;

provided, that invoices for such sales or ex­changes show the following: "For mixing in registered brands only"; and provided that such sales or exchanges shall be supported by a written purchase order or confirmation of pur­chase, which in form shall be subject to the approval of the commissioner, signed by tho manufacturer to whom such feeds are invoiced, showing that such feeds are or were purchased for use solely in the manufacture of feeds which are registered. All fees collected by the com­missioner under this chapter shall be paid to the state treasurer to the credit of the general inspection fund. The commissioner 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.

(2) Payment of the inspection fee shall be evidenced by affixing an official tag or label to each package of commercial feed offered for sale, sold, or distributed in this state, or, in the case of bulk commercial feed, by at­taching stamps to the invoice to cover the net weight of the feed. The commissioner shall furnish the manufacturers, 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 and shall be fur­nished at . cost plus inspection fee when re­quired under this chapter. Such stamps o.r tags shall be ordered, using a form to be supplied by the commissioner. A check or money order for the correct amount shall accompany the order. 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 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 §580.121.

(3) Any manufacturer, importer, dealer, agent or seller of commercial feeds in Florida may make application to the commissioner for a permit to report the tonnage of commercial feeds sold and pay the inspection fee of twenty­five cents per ton as in this chapter provided, as the basis for said report, in lieu of affixing or furnishing inspection fee tags or stamps. The commissioner may, in his discretion, grant such permit. The issuance of all permits will be conditioned on the applicant satisfying the commissioner that he has a good bookkeeping system and keeps such records as may be necessary to indicate accurately the tonnage of commercial feeds sold in the state and as are satisfactory to the commissioner and granting the commissioner, or his duly authorized rep­resentative, permission to examine such rec­ords and verify the tonnage statement. The tonnage report shall be monthly, quarterly,

2408

Ch. 580 FLORIDA COMMERCIAL FEED LAW

semi-annually or annually, as determined by the commissioner and the inspection fee shall be due and payable on or before the twentieth day of the month covering the tonnage and kind of commercial feeds sold during the preceding re­porting period. The report shall be under oath and on forms furnished by the commissioner. If the report is not filed and the inspection fee paid on the date due or if the report of tonnage be false, the amount of inspection fee due shall bear a penalty of ten per cent which shall be added to the inspection fee due and shall constitute a debt and become a claim and lien against the cash deposit or securities or bond which shall be required. Failure to make an accurate statement of tonnage or to pay the inspection fee or comply as provided herein shall constitute sufficient cause for revocation of the permit and also for cancellation of all registrations on file for the permittee. That in order to guarantee faithful performance with the provisions of this chapter each ap­plicant shall, before being granted a permit to use the reporting system, deposit with the com­missioner cash, securities, or surety bond in such amount as shall be required by the com­missioner to cover fees for any given report­ing period, which amount shall not be less than one thousand dollars surety bond to be executed by some corporate surety company authorized to do business in Florida. The com­missioner shall approve all such securities or bonds before acceptance.

In the event the permittee for any reason dis­continues operating under the provisions of §580.061 (3), and there is no liability against the bond posted by the permittee as herein re­quired, the said bond or deposit shall thereupon be returned to the permittee.

The manner and method of labeling to show the information required by §580.051 shall be provided by the permittee and shall be accept­able to the commissioner.

Blstory.-§6, ch. 29755, 1955; (1) by §1, ch. 57-16.

580.071 Adulteration.-N o person shall dis­tribute an adulterated commercial feed. A com­mercial feed shall be deemed to be adulterated:

(1) If any poisonous, deleterious or non­nutritive ingredient has been added in suffi­cient amount to render it injurious to animal health.

(2) If any valuable constituent has been in whole or in part omitted or abstracted there­from or any less valuable substance substituted therefor.

(3) If its composition or quality falls be­low or differs from that which it is purported or is represented to possess by its labeling.

Bistory.-Comp. §7, ch. 29755, 1955.

580.081 Misbranding.-No person shall dis­tribute misbranded feed. A commercial feed shall be deemed to be misbranded:

(1) If its labeling is false or misleading in any particular.

(2) If it is distributed under the name of another feed.

(3) If its container is not labeled as re­quired in §580.051 and in regulations prescribed under this chapter.

( 4) If it purports to be, or is represented as, a commercial feed for which a definition of identity and standard of quality has been prescribed by regulation unless it conforms to such definition and standard.

(5) If any word, statement, or other infor­mation required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicu­ousness (as compared with other words, state­ments, designs, or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual un­der customary conditions of purchase and use.

Blstory.-Comp. §8, ch. 29755. 1955.

580.091 Inspection; sampling; analysis.­(!) It shall be the duty of the commissioner,

who may act through his authorized agent, to sample and inspect commercial feeds distrib­uted within this state at such time and place to such an extent as he may deem necessary to determine whether such commercial feeds are in compliance with the provisions of this chapter. The commissioner, individually or through his agent, is authorized to enter upon any public or business premises and in any vehicle of transport during regular business hours in order to have access to commercial feeds and records relating to their transporta­tion and sale, subject to the provisions of this chapter and the rules and regulations pertain­ing thereto.

(2) It shall be the duty of the state chemist to have analyses made of official samples drawn by the commissioner, or his authorized agent. The state chemist shall transmit his findings and analyses to the commissioner.

(3) The methods of sampling and analysis shall be those adopted by the state chemist from sources such as the journal of the asso­ciation of official agricultural chemists, the official methods of analysis of the association of official agricultural chemists and other sources.

(4) The state chemist, in determining for administrative purposes whether a commercial feed is deficient in any component, shall be guided solely by the official sample as defined in §580.031 (9) and obtained and analyzed as provided for in subsections (1) and (2) of this section.

(5) When the inspection and analysis of an official sample indicate a commercial feed has been adulterated or misbranded, the results of analysis shall be forwarded by the commis­sioner to the guarantor and the purchaser. On request, within thirty days from the date of report, the state chemist shall furnish to the guarantor a portion of the sample concerned for check analysis. If requested by the guaran­tor within sixty days from the date of report, the state chemist shall forward other portions of said sample to two referee chemists agreed upon by the commissioner, the state chemist

2404

FLORIDA COMMERCIAL FEED LAW Ch; 580

and the guarantor. The analysis fees of the referee chemists shall be paid by the guarantor. The average of analyses reported by the state chemist and the two referee chemists shall be­come the official analysis.

History.-Comp. §9, ch. 29755, 1955.

580.101 Regulations; standards, definitions. -The commissioner is hereby authorized to adopt and promulgate such reasonable rules and regulations as, in his judgment, shall be necessary or helpful in the efficient enforce­ment of this chapter. The commissioner is hereby empowered to adopt regulations estab­lishing definitions and reasonable standards for commercial feeds and such other regulations as may be necessary for the enforcement of any provision of this chapter; provided, that an open hearing shall be held by the commissioner before proposed rules, regulations and stand­ards are adopted; provided further, that during an emergency involving health of animals the commissioner may promulgate temporary regu­lations effective for the period of emergency or until regulations as above mentioned may be promulgated. Notice of this hearing shall be sent at least thirty days beforehand to the presidents of the following groups: Florida feed dealers' association; Florida farm bureau; Florida dairy association; Florida state cattle­men's association; and Florida poultry pro­ducers' association.

Wstory.-Comp. § 10, ch. 29755, 1955.

580.111 Detained commercial feeds.-(1) "STOP-SALE" ORDERS.-When the

commissioner or his authorized agent has rea­sonable cause to believe a commercial feed is being distributed in violation of any of the provisions of this chapter or of any of the prescribed regulations under this chapter, he may issue and enforce a written or printed "stop-sale" order warning the distributor not to dispose of the feed in any manner until written permission is given by the commis­sioner or the court. The commissioner shall re­lease the commercial feed so withdrawn when the provisions and regulations have been com­plied with and all costs and expenses incurred in the withdrawal have been paid; provided that with the permission of the commissioner any lot of feed under said "stop-sale" for rea­son of being "below guarantee" may be sold as such to a consumer who shall sign an affi­davit professing that he, the consumer, had knowledge of the same at the time of pur­chase. If -::ompliance is not obtained within a reasonable time, the commissioner shall begin proceedings for condemnation.

(2) CONDEMNATION AND CONFISCA­TION.-Any lot of commercial feed not in com­pliance with the provisions of this chapter, or regulations hereunder, shall be subject to seiz­ure on complaint of the commissioner to the circuit judge or circuit court of the circuit in which said commercial feed is located. In the event the court finds the said commercial feed to be in violation of this chapter, or regulations hereunder, and orders the condemnation of said

commercial feed, it shall be disposed of in the manner provided by said circuit judge or cir­cuit court in the said order of condemnation; provided, that in no instance shall the dispo­sition of said commercial feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of said commercial feed or for permission to process or relabel said commercial feed to bring it into compliance with this chapter.

History.-Comp. ~11, ch. 29755, 1955.

580.121 Penalties.-(!) Any person violating any of the pro­

visions of this chapter, or the rules and regu­lations issued hereunder, or who shall impede, obstruct, hinder, or otherwise prevent or at­tempt to prevent said commissioner or his duly authorized agent in the performance of his duty in connection with the provisions of this chap­ter, shall, upon conviction thereof, be adjudged guilty of a misdemeanor and shall be fined not more than $50 for the first violation, and not less than $50, nor more than $250 for any subsequent violations. In all prosecutions under this chapter involving the composition of a lot of commercial feed, a certified copy of the official analysis signed by the state chemist shall be accepted as prima facie evidence of the composition.

(2) Nothing in this chapter shall be con­strued as requiring the commissioner or his representative to report for prosecution or for the institution of seizure proceedings as a re­sult of minor violations of the chapter when he believes that the public interests will be best served by a suitable notice of warning in writing.

(3) The commissioner is hereby authorized to apply for, and the court may grant, upon suf­ficient evidence, a temporary or permanent in­junction restraining any person from violating or continuing to violate any of the provisions of this chapter, or any rule or regulation pro­mulgated under the chapter, notwithstanding the existence of other remedies at law; said injunction to be issued without bond.

History .-Comp. § 12, ch. 29755, 1955.

580.131 Penalty payable to consumer.-Any consumer who shall purchase without notice a feed which is below guarantee as is forthwith described shall recover in any legal or admin­istrative action that may be instituted penalties or damages as follows :

(1) If the official analysis shall show that any feed bearing a guarantee of twenty per cent protein, or leJSs, falls more than one per cent protein below the guarantee, or, if the analysis shall show that any feed bearing a guarantee of more than twenty per cent protein falls more than two per cent protein below the guarantee, two dollars per ton for each per cent protein deficiency shall be assessed against the guaran­tor.

(2) If the official analysis shall show that any feed is deficient in fat by more than five­tenths per cent fat, two dollars per ton for each

2405

Ch. 580 FLORIDA COMMERCIAL FEED LAW

per cent fat deficiency shall be assessed against the guarantor.

(3) If the official analysis shall show that any feed bearing a maximum guarantee of not more than twenty per cent fiber shall exceed this guarantee by more than one per cent fiber, or if the analysis shall show that any feed bear­ing a maximum guarantee of more than twenty per cent fiber shall exceed this guarantee by more than two per cent fiber, two dollars per ton for each per cent fiber excess shall be assessed against the guarantor.

( 4) If any feed is found by the commis­sioner to be short in weight, four times the in­voice value of the actual shortage shall be assessed against the guarantor. The commis­sioner, in his discretion, may allow reasonable tolerances for short weight due to loss through handling and transporting.

(5) The minimum penalty under any of the foregoing provisions shall in no case be less than three dollars, regardless of the monetary value of the deficiency.

(6) Within sixty days from the date of notice by the commissioner to the registrant

or the guarantor all penalties assessed under this section shall be paid to the commissioner who shall deposit same in the state treasury to the credit of the general inspection fund, from which said general inspection fund there shall be paid to the consumer, upon approval of the commissioner, the amount of said penalties to which the said consumer is entitled under the provisions of this section.

Wstory.-Comp. §13, ch. 29755, 1955.

580.141 Publications.-T h e commissioner may, in his discretion, publish, in such forms as he may deem proper, information concerning the sales of commercial feeds, together with such data on their production and use as he may consider advisable, and a report of the results of the analyses of official samples of commercial feeds sold within the state as com­pared with the analyses guaranteed on the label; provided, however, that the information concerning production and use of commercial feeds shall not disclose the operations of any person.

Blotory.-Comp. f14, ch. 2117&5, 11155.

2406

STATE PLANT BOARD Ch. 581

CHAPTER 581 STATE PLANT BOARD

Ch. 581 revised and amended by Ch. 59·261 (effective Jan. 15, 1961) to accord with law reorganizing the Dept. of Agriculture. (See supplement at the end of Vol. 2.)

581.01 State plant board. 581.02 Same; duties and authority. 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. 581.08 Nursery stock; sale. etc. 581.081 Certificate of inspection. 581.082 Certificate of inspection; revocation. 581.09 Penalties for violations.

581.01 * State plant board.-The state plant board, called the board in this chapter, shall be composed of the same persons who consti­tute the board of control of Florida, and all of the authority granted to the board and all of the duties required of it shall be exercised and performed by the members of the board of control, acting as the state plant board. The board shall appoint a chief executive officer who shall be known as the state plant com­missioner, called the commissioner in this chap­ter, whose authority, duties and responsibility shall be such as the board shall direct. 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.

Blstor7.-§3. ch. 12291. 1927; COL 3832: §1. ch. 29767. 1955. •section repealed effective January 15, 1961, by §2, ch. 59-54.

581.02* Same; duties and authority.-The board shall protect the agricultural and horti­cultural interests of the state, 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) Carry 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 to be supervised, 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

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. 581.16 Fumigation or treatment of fruit or plants

infected by Mediterranean fruit fly or or other pests.

581.17 Eradication of burrowing nematode in com­mercial groves.

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 and publish standard grades for nursery stock;

(6) Make rules and regulations governing the grading, marking, sale and distribution of nursery stock by nurserymen, dealers and agents;

(7) Provide rules and regulations under which nursery stock may be brought into this state from other states, territories and foreign countries;

(8) 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;

(9) 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;

(10) Declare a dangerous insect pest or dis­ease to be public nuisance as well as any plant or other thing infested or infected therewith or that has been exposed to infestation or in­fection and therefore likely to communicate same;

(11) Declare a quarantine 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 neces-

2407

Ch. 581 STATE PLANT BOARD

sary 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;

(12) 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 being 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;

(13) Purchase all necessary materials, sup­plies, office and field equipment and other things and make such other expenditures as may be essential and necessary in carrying out the provisions of this chapter within the lim­its of the amount appropriated by law;

(14) Make and issue and revoke certificates of inspection to nurserymen, dealers and agents in the state, after proper inspection of their nursery stock, authorizing them to do business as nurserymen, dealers or agents within the state;

(15) Make and publish reasonable rules and regulations governing the application for, is­suance and revocation of such certificates of inspection;

(16) 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;

(17) 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 in­cm·red under such arrangements;

(18) Publish at regular intervals, to be de­termined by it, 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;

(19) 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. A single act in violation of the provisions of this chapter shall be sufficient to authorize the is­suance of an injunction. The attorney general, the state attorneys, prosecuting attorneys, coun­ty solicitors, and all public prosecutors in each county shall represent the board when called upon to do so. The board in the discharge of its duties and in the enforcement 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.

(20) The state plant board is authorized, in its discretion, to secure and provide public lia­bility insurance for the board and to pay pre­miums therefor.

Blstory.-§4, cb. 12291, 1927; CGL 3833; §2, ch. 29767, 1955; (20) n . by § 1, ch. 59-79. •section repealed effective January 15, 1961, by §23, ch. 59-261.

581.03 Rules and regulations.-All rules, regulations and standard grades for nursery stock 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, standard grades of nur­sery stock, 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, stand­ard grades of nursery stock, 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.

Blstory.-§5, ch. 12291, 1927; CGL 3834; §3, cb. 29767, 1955.

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 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 l!836.

581.06 Information to board.-Any person, including common carriers, who receives plants, plant products or other things sold, given away, carried, shipped or delivered for car-

2408

STATE PLANT BOARD Ch. 581

riage 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.

Hlstor;y.-§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 pul'­suant thereto.

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

581.081 Certificate of inspection.-Before any nurseryman, dealer or agent shall sell or distribute, or offer for sale or for distribution, any nursery stock in this state he shall apply to the board and obtain a certificate of inspec­tion indicating that he has complied with the provisions of this chapter and the lawful rules and regulations made and promulgated by the board. Each application from nurserymen for a certificate of inspection shall be accompanied by a certificate fee in such amount as shall be determined by the board; and upon the issu­ance of such certificate it shall be renewed an­nually thereafter upon its anniversary date, upon satisfactory showing to the board that the provisions of this law and the regulations of the board have been complied with and upon the payment of an annual renewal fee in such amount as shall be determined by the board; provided, however, that neither such certificate of inspection fee nor such annual renewal fee shall exceed twenty-five dollars. All moneys re­ceived by the board under the provisions of this section shall be deposited with the state treasurer in the state agencies fund, and shall be used by the board to defray its expenses in carrying out the additional duties imposed on the board by this chapter.

Hlstory.-Comp. §4, ch. 29767, 1955; §1, ch. 59-379.

581.082 Certificate of inspection; revoca­tion.-If it shall be determined by the board that any nurseryman, dealer or agent is selling or offering for sale, or is distributing or of-

fering to distribute, nursery stock in violation of the provisions of this chapter, the board may revoke his certificate of inspection or an­nual renewal thereof; provided the holder of the certificate has been given an opportunity by the board for public hearing not less than thirty days after notice to him by registered mail.

Hlstory.-Comp. §5, ch. 29767, 1955.

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 by imprisonment for not more than six months.

Hlstory,-§11, ch. 12291, 1927; CGL 7864. 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 or 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 8840.

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 and audited and approved by him. Upon 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.

Hlstory.-§14, ch. 12291, 1927; CGL 8841. 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

2409

Ch. 581 STATE PLANT BOARD

and requirements of this chapter. The board shall have a corporate seal to be selected by it.

Hlatory.-§15, ch. 12291, 1927; CGL 8842. •section repealed effective January 15, 1961 by §23, ch. 59-261.

581.13* Boll weevil control.-The state plant board shall investigate, devise and improve means and methods of controlling the boll weevil and other injurious insects of the cotton crop; shall investigate and devise means 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.

HIRtnry.-fl, ch. 9187, 1923; CGL 8845, •section repealed effective January 15, 1961 by §23, ch. 69-261.

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 construed, 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, vines, 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, buds, cuttings, grafts, scions, bulbs grown or kept for or capable of propagation, 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.

"Dealer."-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 con­trol 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. Hlatory.-~2. ch. 12291, 1927: CGL SR31: am. §7, ch. 22858,

1945; §6, ch. 29767, 1955; 4th par. by §13, ch. 59-1.

581.16 Fumigation or treatment of fruit or plants infected by Mediterranean fruit fly or other pests.-The state plant board is author-

ized to supervise or cause the fumigation or treatment of fruit or plants infected by the Mediterranean fruit fly or any other agricul­tural pest when such pest has been declared to be a nuisance by the state plant board. Such fumigation may. be performed by employees of the state plant board or other persons super­vised by the state plant board and the persons engaged in such fumigation or treatment of fruit or plants shall not be required to be li­censed by any other board or agency notwith­standing the provisions of any other law.

mstor:r .-<:omp. f 1, ch. 31392, 1956.

581.17 Eradication of burrowing nematode in commercial groves.-

(1) The citrus disease known as spreading decline, caused by the burrowing nematode is hereby declared to be a dangerous public nui­sance and a serious threat to the citrus industry of Florida.

(2) The state plant board is directed to carry out a program of containment or eradica­tion of spreading decline, caused by the burro_w­ing nematode, in all commercial citrus grove areas in Florida. This program shall include the destruction of all trees and plants in commer­cial citrus groves or adjacent thereto which are infested by the burrowing nematode and the fumigation of the soil in such areas in accord with rules and regulations of the state plant board.

Trees and plants which are known to be hosts to the burrowing nematode but which are not infested with the burrowing nematode shall also be destroyed as a part of the program if their destruction is deemed necessary as pro­vided by the rules and regulations of the board to prevent the spread of the burrowing nema­tode from an infested area into an uninfested area. Provided, however, no trees shall be de­stroyed without the owner's consent unless so decreed by a court of competent jurisdiction.

Any grove owner, objecting to the destruc­tion of his trees, infested or otherwise, deemed necessary by the plant board to be destroyed shall prior to any further action on the part of the board have the right to judicial review of such decision in the circuit court of the county in which the trees are located.

Reasonable compensation shall be made by the board for the destruction of trees in carry­ing out the program authorized by this section and in providing protection for the commercial citrus industry of Florida. Such compensation shall be accomplished by a formula established by the plant board by appropriate rules and regulations which shall take into consideration the following factors:

(a) The reasonable profits which might be anticipated from citrus trees of the same age, kind, variety, condition, soil and moisture con­ditions, in the same general area which are not infested by the burrowing nematode;

(b) The number of trees per acre; (c) The average value of uninfested citrus

trees of like kind in the same general area;

2410

STATE PLANT BOARD Ch. 581

(d) The distance of said trees from an in­fested area and the reasonable time which would normally elapse before said trees would become infested; and other reasonable factors having a bearing on just and fair compensation.

The amount of compensation to be paid each grove owner for the loss of his trees in accord with this section shall be determined by the state plant board or its agents, and the grove owner shall be paid such compensation upon his written request before the destruction of his trees.

Compensation payments for the destruction of uninfested trees previously destroyed under the compulsory program of pull and treat with­out the owner's consent shall be authorized to be paid from the funds appropriated by this section in accord with the formula to be es­tablished by the plant board and in accord with the provisions of this section.

In the event any grove owner deems such compensation to be inadequate or unreasonable he may petition in writing for a hearing before an independent appraisal board which shall be comprised of one member selected by the grove owner, one member selected by the plant board, and one member selected and mutually agreed upon by the parties. Such board shall make a fair, impartial appraisal of the value of the trees in question and submit same to the state plant board in writing along with the written proceedings of the hearing. Each member of such appraisal board may be compensated by the state plant board in an amount not to ex­ceed twenty dollars.

The administrative determination of such ap­praisal board as to the amount of compensation to which a grove owner is entitled may be ap­pealed to the circuit court of the county in which the trees are located in the manner pro­vided for in chapter 59.

Provided, however, in any proceeding insti-

tuted by a grove owner objecting to the de­struction of his trees, in which the decision of the court is adverse to said grove owner, the compensation for such trees shall be adjudi­cated in the same proceeding, pursuant to the procedure herein.

(3) The sum of one million five hundred thousand dollars is hereby appropriated for the use of the state plant board in carrying out the program authorized by this section provid­ed, however, that one hundred nineteen thou­sand six hundred dollars of said appropriation shall be used by the board in maintaining and conducting scientific research and study of spreading decline and improved methods for its containment and eradication.

(4) The board shall conduct public hear­ings for consideration of rules and regulations and such public hearings shall be held prior to the making or promulgating of rules and regu­lations. Notice of such public hearing must be given at least fifteen days prior to such hear­ing. Any person, firm, or corporation with prop­erty in, or who is a resident of, the state, af­fected by the board's rules or regulations, may file his name and address with the board and request that he be furnished with a copy of any proposed rule or regulation, and the board shall, in not less than fifteen days before any public hearing, mail a copy of such proposed rule or regulation to every person so requesting same. Any such person shall have the right to be fully heard in person, or through an attorney, by the board upon any proposed rule or regu­lation.

(5) The board is authorized to cooperate with other public agencies both state and feder­al and with the Florida citrus industry in carry­ing out the program of containment, eradica­tion and research of spreading decline author­ized by this section.

motor:r.-§§1-5, ch. 51-365; (2) by fl, cb. 58-464.

2411

Ch. 582 SOIL CONSERVATION

CHAPTER 582

BOIL CONSERVATION 682.01 582.02 582.03 582.04 582.05 582.06

582.07

582.08 582.09 582.10 682.11

582.12 582.13 582.14 582.15 582.16

Definitions. Lands a basic asset of state. Consequence of soil erosion. Appropriate corrective methods. Legislative policy for conservation. State soil conservation board; advisory

committee. Quorum of board; compensation; powers;

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

etc. Referendum for creation, etc. Expenses of referendum. Results of referendum; publication, etc. Organization of district, etc. 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 vlace designated in such notice, ad-

582.17 Presumption as to establishment. 582.18 Election of supervisors ror each district. 582.19 Qualifications and tenure of supervisors. 582.191 Election of successors to supervisors of

existing districts. 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 regulationa

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, 1989; CGL 1940 Supp. 4151(474).

582.02 Lands a basic asset of state.-The farm, forest and grazing lands of the state 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(478),

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 soH and

2412

SOIL CONSERVATION Ch, 58~

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 fi sh; 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 rainfall runoff, causing severe and increasing floods, which bring suffering, disease, and deatn; im­poverishment of f amilies 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 furrowing, 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 stabili­zation with trees, grasses, legumes, and other thick-growing, soil-holding crops; the addition of soil amendments, manurial 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.

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

582.06 State soil conservation board; ad­visory committee.-

(1) The present state soil conservation

board is hereby abolished and a.. new. state soil conservation board is hereby cr.eate~i.

(2) The state soil conservation board, called the "state board" in this chapter, shall be com­posed of five members, from among active farmers of at least five years continuous prac­tice of farming at time of appointment who have been practicing soil conservation, and who shall be appointed by the governor, no two members shall be appointed from the same congressional district. Two members shall be appointed for a term of one year; one member shall be appointed for a term of two years; one member for a term of three years; and one member for a term of four years. After the completion of the initial terms thereafter the terms of the members of the state board shall be for four years. The chairman of the state board shall be selected by the members of the state board at a meeting to be called immedi­ately upon ~ppointment of the original members of the state board and annually thereafter. The state board is authorized to receive gifts, ap­propriations, materials, equipment, lan~s and facilities and to manage, operate and disburse same for the use and benefit of the soil con­servation districts of the state. The state board, except as provided in this ch::pter, shall act in conjunction with, but at all time~ .under and subj ect to, the control and superv~s10n of the state board of conservation as defmed by §370.01.

(3) The state board may create an advisory committee which shall be composed of the com­missioner of agriculture, the state director of agricultural extension, the state forester and such other persons as the state board may deem qualified. The state board may use this ad­visory committee in the planning, and in the accomplishment of, the objectives of this chap­ter.

Hlstory.-§4, ch. 18144, 1937; §2, ch. 19473, 1939; CGL 1940 Supp. 4151(475 ) ; am. §1, ch. 28094, 1953.

582.07 Quorum of board; compensation; powers; etc.-A majority of th e board shall constitute a quorum, and the concurrence of a majority in any niatter 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 of receipts and disbursements.

Hlstory.-§4, ch. 18144, 1937; §2, ch. 19473, 1939; CGL 1940 Supp. 4151 (475); §24, ch. 57-1 .

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

(i) To offer such assistance as may be ap-

2413

Ch. 582 SOIL CONSERVATION

propriate 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 sev­(!ral 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.

(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; 12, ch. 19473, 1939; CGL 1940 Supp. 4161(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.

Hbtory.-§4, ch. 18144, 1937; 12, ch. 19473, 1989: CGL 1940 Supp. 4161(475).

582.10 Creation of soil conservation dis­tricts.-Any twenty-five owners of land lying within the limits of the territory proposed to be 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 metes 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

territory; and that the board determine that such a district be created.

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

Hlatory.-§5, cb. 18144, 1987: 13, ch. 19478, 1989; CGL 1940 Supp. 4161(476).

582.ll 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 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 ma~e 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 dis­tribution of erosion, the prevailing land-use practices, the desirability and necessity of in­cluding within the boundarie!J 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

2414

SOIL CONSERVATION Ch. 582

the hearing, it shall make and record such de­termination and shall deny the petition. After six mouths 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.

Hlstory.-§6, ch. 18144, 1937; §3, ch. 19473, 1939; CGL 1940 Supp. 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, 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 hold 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.

Hlatory.-§5, ch. 18144, 1937; IS, ch. 19478, 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 administrative­ly 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 lands 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 boundaries 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 forth (and such application need contain no 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 to 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 the 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

2415

Ch. 582 SOIL CONSERVATION

contain no detail 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 opera­tion 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 shall 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.

Hlstory.-§5, ch. 18144, 1937; §3, ch. 19473, 1939; CGL 1940 Supp. 4151 (476); §7, ch. 22858, 1945; §1, ch. 25407, 1949. cf.-§582.30, Discontinuance of districts.

§582.17 Presumption as to establishment. §582.31 Certification of results of referendum; dissolution.

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 ob-

served 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 .

Hlstory.-§5, ch. 18144, 1937; §3, ch. 19473, 1939; CGL 1940 Supp. 4151(476); §2, ch. 25407, 1949.

582.17 Presumptinn 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.

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

582.18 Election of supervisors for each dis­trict.-

(1) Regular elections shall be held every two years beginning in 1953 for the purpose of electing supervisors for each district. The state board shall determine the date of such elections, shall pay all expenses of such elec­tions, shall supervise the conduct thereof, shall give due notice of such elections. shall de­termine the eligibility of voters therein and shall publish the results thereof. Candidates for supervisor in each district shall be nom­inated by nominating petitions subscribed by twenty-five or more qualified electors of such district and filed with the state board at least thirty days prior to the date set by the state board for the regular election. The names of all nominees on behalf of whom such nominat­ing petitions have been filed shall appear, ar­ranged in the alphabetical order of the sur­names, upon ballots, with a square before each name and a direction of insert an X mark in the square before the names to indicate the voter's preference according to the number of supervisors to be elected. All qualified elec­tors residing within the district shall be eligible to vote in such election. The candidates who shall receive the largest number, respectively, of the votes cast in such election shall be the elected supervisors for s.uch district. In the case of newly organized districts participating in a regular election for the first time the three candidates receiving the highest number of votes, respectively, shall be elected for terms of four years each, the two candidates receiving the next highest number of votes shall be elected for initial terms of two years.

(2) Following the issuance by the secretary of state of a certificate of organization of a soil conservation district, or in the event of a

2416

SOIL CONSERVATION Ch. 582

vacancy resulting from rleath. resignation, re­moval or otherwise, nominating petitions for a special election may be filed with the state soil conservation board to nominate candidates for supervisors of such districts, providing, if within six months from the date of the filing of such nominating petitions a regular election is to be held then the state board shall not call a special election, otherwise it shall call a spe­cial election. The regulations governing the regular election shall apply to the special elec­tion insofar as may be applicable.

Hlstory.-§6, ch. 18144, 1937; §4, ch. 19473, 1939; CGL 1940 Supp, 4151 (477); am. §2, ch. 28094, 1953.

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

The supervisors shall designate a chairman and may, from time to time, change such desig­nation by majority vote. The term of office of each supervisor shall be four years, except that two supervisors shall be elected to serve for initial terms of 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 agricultural 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 supervisors shall furnish to the state soil con­servation board, upon request, copies 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 may 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); am. §3, ch. 28094, 1953. cf.-§112.061 Per diem and traveling expenses of state officers

and employees. § 113.07 Bonds of officials.

582.191 Election of successors to supervisors of existing districts.-The terms of office of all supervisors now existing shall not be affected by this law. Upon the expiration of each term of a supervisor now in office, his successor shall be elected for terms as provided herein based upon the classification of districts set forth as follows:

(1) Classification of soil conservation dis­tricts.

Group A. Yellow River, Blackwater, Nassau.

Group B. Holmes Creek, Orange Hill, Choctawhatchee

River, Perdido River, Chipola River, J effer­son, Lafayette, Flagler, Sumter, Gilchrist, Pas­co, Orange, Brevard, Manatee River.

Group C. Ochlockonee River, Gadsden, Hamilton, Brad­

ford, Gulf, Putnam, Hillsborough, Martin, Clay, Pinellas, Volusia.

Group D. Madison, Tupelo, Union, Marion, Levy, Lake,

Polk, Seminole, Osceola, Peace River, Lee, Sarasota, Indian River, Highland, Hendry, Glades, Okeechobee.

Group E. Dixie

Group F. Wakulla, Hardee, St. Lucie, Suwannee River.

Group G. Santa Fe

Group H. Baker, Franklin (2) The terms of office of successors to

supervisors of existing districts as grouped in subsection (1) shall be for four years except as follows:

Group A: Successors to supervisors whose terms expire in 1954, one shall be elected for an initial term of three years and one shall be elected for an initial term of one year.

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Ch. 582 SOIL CONSERVATION

Group B: Successors to supervisors whose terms expire in 1954, one shall be elected for a term of three years.

Group C: Successors to supervisors whose terms expire in 1954, one shall be elected for an initial term of one year.

Group D: Successors to supervisors whose terms expire in 1953, one shall be elected for an initial term of two years. Successors to supervisors whose terms expire in 1954, three shall be elected for initial terms of three years each.

Group E: Successors to supervisors whose terms expire in 1954, one shall be elected for an initial term of one year; and three shall be elected for initial terms of three years each.

Group F: Successors to supervisors whose terms expire in 1953, two shall be elected for initial terms of two years. Successors to super­visors whose terms expire in 1954, three shall be elected for initial terms of three years.

Group G: Successors to supervisors whose terms expire in 1954, one shall be elected for an initial term of three years. Successors to supervisors whose terms expire in 1955, one shall be elected for an initial term of two years.

Group H: Successors to supervisors whose terms expire in 1954 shall be elected for an initial term of one year.

(3) In all existing districts not herein pro­vided for and after expiration of the initial terms as provided herein, all subsequent terms of office of all supervisors shall be for four years.

Blstor:r.-comp. §4, ch. 28094, 1953.

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 public powers, and such district and the super­visors thereof, shall have the following powers, in addition to others granted in other sectiona 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, investigations, or research, and to disseminate information concerning such preventive and -control measures; provided, however, that in <>rder 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 agenciel'!, 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 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 c'ultivation, 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 ad­vr.nce 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 proper­ties 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 engmeermg machinery and equipment, fertilizer, seeds and seedlings, and such other material or equip­ment, as will assist such landowners and occupiers to carry on operations upon their lands for the conservation of soil resources and for the prevention or control of soil erosion;

(7) To construct, improve, and maintain 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

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SOIL CONSERVATION Ch. 58Z

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 prac­~ices, 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 'lS provided in this chapter; to make and execute contracts and other in­struments necessary or convenient to the exercise of its powers; to make, ame!ld 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, servicP.s, 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 l11nn!' 11s will tend to prevent or control eroswn thereon;

( 1~ J 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 kmd and nature acquired by any district organized un­der the provisions of this chapter shall be exempt from state, county, and other taxation. HIHtury.-~8. ch . 18144, 1937; CGL 1940 Supp. 4151(479):

a.m. ~7, c h. 2285!!, 1945.

582.21 Adoption of land-use regulations.­The supervisors of any district shall have au-

thority 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 regulations, 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 pre­scribe appropriate regulations govermng 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 have been given substantially as herein provided and said referendum shall have been fairly con­ducted.

The supervisors shall not adopt such pro­posed regulations unless at least a majority of the votes cast in such referendum shaH 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 regula-

2419

Ch; 582 SOIL CONSERVATION

tions 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 land-use regulations shall not be held more often than once in six months.

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

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

582.22 Regulations; contents.-The regula- within a reasonable time and to order that if tiona to be adopted by the supervisors under the defendant shall fail so to perform the su­the provisions of this chapter may include: pervisors may go on the land, perform the work

(1) Provisions requiring the carrying out of or other operations or otherwise bring the con­necessary engineering operations, including dition of such lands into conformity with the the construction of terraces, terrace outlets, requirements of such regulations, and recover check dams, dikes, ponds, ditches, and other the costs and expenses thereof, with interest, necessary structures; from the owner of such land. Upon the pres-

(2) Provisions requiring observance of par- entation of such petition the court shall cause ticular methods of cultivation including con- process to be issued against the defendant, and tour cultivating, contour furrowing, lister fur- shall hear the case. If it shall appear to the rowing, sowing, planting, strip cropping, court that testimony is necessary for the proper changes in cropping systems, seeding, and disposition of the matter, it may take evidence, planting of lands to water-conserving and ero- or appoint a referee to take such evidence as sion-preventing plants, trees and grasses, for- it may direct and report the same to the court estation, and reforestation; within his findings of fact and conclusions of

(3) Specifications of cropping programs and law, which shall constitute a part of the pro-tillage practices to be observed; ceedings upon which the determination of the

(4) Provisions requiring the retirement from court shall be made. cultivation of highly erosive areas or of areas The court may dismiss the petition; or it on which erosion may not be adequately con- may require the defendant to perform the trolled if cultivation is carried on; work, operations, or avoidances, and may pro-

(5) Provisions for such other means, meas- vide that upon the failure of the defendant to ures, operations and programs as may assist initiate such performance within the time ape­conservation of soil resources and prevent or cified in the order of the court, and to prose­control soil erosion in the district, having due cute the same to completion with reasonable regard to the legislative findings set forth in diligence, the supervisors may enter upon the this chapter. lands involved and perform the work or opera-

The regulations shall be uniform throughout tions, or otherwise bring the conditions of such the territory comprised within the district ex- lands into conformity with the requirements cept that the supervisors may classify the of the regulations and recover the costs and lands within the district with reference to such expenses thereof, with interest at the rate of factors as soil type, degree of slope, degree five per cent per annum, from the owner of of erosion threatened or existing, cropping and such lands. tillage practices in use, and other relevant The court shall retain the jurisdiction of the factors, and may provide regulations varying case until after the work has been completed. with the type or class of land affected, but Upon completion of such work pursuant to uniform as to all lands within each class or such order of the court the supervisors mav type. Copies of land-use regulations adopted file a petition with the court, a copy of which under the provisions of this chapter shall be shall be served upon the defendant in the case, printed and made available to all owners and stating the costs and expenses sustained by occupiers of lands lying within the district. them in the performance of the work and pray-

History.-§9, ch. 18U~. 1937; CGL 19~0 Supp. 4151(480). ing judgment therefor with interest. The 582.23 Performance of work under the reg- court shall have jurisdiction to enter judg­

ulations by the supervisors.-The supervisors ment for the amount of such costs and ex­may go upon any lands within the district to penses, with interest at the rate of five per determine whether land-use regulations adopt- cent per annum until paid, together with the ed are being observed. Where the supervisors costs of suit, including a reasonable attor­of any district shall find that any of the pro- ney's fee to be fixed by the court. visions of land-use regulations adopted are not History.-§10, ch. 18144, 1937; CGL 1940 Supp. 4151(481).

being observed on particular lands, and that 582.24 Board of adjustment.-Where the such non-observance tends to increase erosion supervisors of any district organized under on such lands and is interfering with the pre- the provisions of this chapter shall adopt an vention or control of erosion on other lands ordinance prescribing land-use regulations, within the district, the supervisors may present said supervisors shall constitute, and be ex­to the circuit court for the county or counties officio members of, a board of adjustment to within which the lands of the defendant may hear and consider petitions which may be sub­lie, a petition, duly verified, setting forth the mitted to such board by any land owner in the

2420

SOIL CONSERVATION Ch. 582

district praying for relief from any of the provisions of the said land-use regulations.

Hlstory.-§11, ch. 18144, 1937; §6, ch. 19478, 1939; CGL 1940 Supp. 4151(482).

582.25 Rules of procedure of board.-The board of adjustment shall adopt rules to gov­ern its procedures, which rules shall be in ac­cordance 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 board 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, 1989; 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 adjustment 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 hear­ing. Any owner or occupier of lands lying 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, a s will relieve such great practical difficulties or unnecessary hardship and will not be contrary to the pub-

lie 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. Upon such fil­ing, the court shall cause notice thereof to be served upon the parties and shall have jurisdiction of the proceedings and of the questions determined or to be determined therein, and shall have power to grant such temporary relief as it deems just and proper, and to make and enter a decree enforcing, modifying, and enforcing as so modified, or setting aside, in whole or in part, the order 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 ad~i­tional evidence and shall show to the saba­faction of the court that such evidence is ma­terial and that there were reasonable grounds for the failure to produce such evidence in 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 c~urt 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.

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

2421

Ch. 582 SOIL CONSERVATION

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.

Blator,..-us, ch. 181«, 1987; CGL 1940 Supp. 4161(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 di!'\trict 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 b~ 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 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 Iavor 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 referendum 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 sa id referendum shall have been fairly conducted.

If two-thirds or more of the qualified voters in such referendum shall have voted for the di!'\rontinuance of the district, the board shall certify to the supervisors of the district the r es ult of such referendum and that the con­tinued operation of the district is not adminis­tratively practicable and feasible.

Hlstory.-§14, ell- 18144, 1937; 17, ch. 19478, 1939; CGL 1940 Supp. 4161(486).

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 state 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.

Hlatory.-§14, ch. 18144, 1937; 17, ch. 19473, 1939; CGL 1940 Supp. 4151(486).

582.32 Continuance of existing contracts, etc.-Upon issuance of a certificate of disso­lution all land-use regulations theretofore adopted and in force within such districts shall be of no further force and effect. All con­tracts theretofore entered into, to which ';he district or supervisors are parties, shaH 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, 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; 17, ch. 19473, 1939; CGL 1940 Supp. 4151(486).

2422

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

CHAPTER 583

CLASSIFICATION AND SALE OF EGGS, POULTRY. ETC. 683.01 Definitions. 683.02 Labeling, marking and advertising eggs. 683.03 Commissioner of agriculture to fix grades

and standards, etc. 683.04 Promulgation of regulations. 683.05 Powers of commissioner of agriculture in

making inspections. 583.06 Employment of assistants. 683.07 Egg inspection fee. 683.09 Certification of dealers. 583.10 Records, inspection, invoices and informa­

tion; penalty.

583.01 Definitions.-In construing this chapter, where the context permits, the words, phrases, or term:

(1) "Commissioner" within the intent and purposes of this chapter shall mean the Florida commissioner of agriculture.

(2) "Dealer" in eggs shall mean any per­son, firm or corporation selling or offering for sale in this state thirty dozen or more eggs or its equivalent in any one week.

(3) "Eggs" within the intent and purposes of this chapter shall be construed to mean all edible shell eggs, frozen whole eggs, frozen yolks, frozen whites and frozen e11:g products.

(4) "Shell eggs" within the intent and pur­poses of this chapter are construed to mean all edible eggs still in their original shell and shall be classified as follows:

(a) "Cold storage eggs" shall mean eggs which have been in cold storage and which meet the grades and standards of qualification set up by the commissioner of agriculture.

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

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

(d) "Unclassified eggs" shall meaneggs which have not been in cold storage for suffi­cient period to be classified as "cold storage eggs" as defined in the regulations and which do not meet the grades and standards of quali­fication as set up by the commissioner of agri­culture because they have never been graded for internal quality and size and no declara­tion shall be made in the sale of "unclassified eggs" as to quality grade or size and such eggs because of failure to have been graded shall not be offered at retail in the one dozen type cartons after July 1, 1957.

(e) "Shell treated eggs" are eggs which shells have been treated with oil or other sub­stance in the interest of preserving their in­ternal quality and when such treatment is used a descriptive declaration using the te·rm "shell treated," shall be added to the carton legends by printing or stamping or in any other legible manner.

(5) "Frozen eggs, frozen whole eggs, frozen

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

grade. 583.14 Certification of poultry dealers. 583.15 Reports of poultry dealers. 583.16 Interstate shipments exempt. 583.17 Grades and standards for fowls. 583.18 Inspection by commissioner. 583.19 Sale of unsound, etc., fowls prohibited. 583.20 Penalties for violations of chapter.

mixed eggs," are the food prepared by freezing liquid eggs.

(6) "Liquid eggs, mixed eggs, liquid whole eggs, mixed whole eggs," are eggs of the domes­tic hen, broken from the shells, and with yolks and whites in their natural proportions as so broken. They may be mixed, or mixed and strained.

(7) "Egg yolks, liquid egg yolk:s, yolks, liquid yolks," are yolks of eggs of the domestic hen so separated from the whites thereof as to contain a total egg solid content which con­forms with the specifications prescribed by the definition and standard of identity established under the federal food, drug and cosmetic act and the Florida food, drug and cosmetic law.

(8) "Frozen yolks, frozen egg yolks," are the food prepared by freezing egg yolks.

(9) "Egg whites, liquid egg whites, whites, liquid whites," are whites of eggs of the do­mestic hen separated from the yolks thereof and conform with specifications prescribed or to be prescribed by the definition and standarrl of identity established under the federal food, drug and cosmetic act and the Florida food, drug and cosmetic law.

(10) "Frozen whites, frozen egg whites," are the food prepared by freezing egg whites.

(11) "Frozen egg products," are frozen whole eggs, frozen whites or frozen yolks or any combination thereof to which have been added salt, sugar or other foods and noninjuri­ous food additives.

(12) Grading for internal quality shall be determined by candling and only after candling may a grade be declared by any dealer or packer of shell eggs; however, it is understood that should some new method be devised and approved by the commissioner that is accepted commercially by the industry, it shall be within the authority of the commissioner to allow such new method for determining internal quality in place of the now university accepted can­dling operation.

(13) "Dealer" in poultry shall mean any person, firm or corporation, including proces­sors and retailers, engaged in the business of selling, offering for sale or holding for the purpose of sale in this state any dressed poul­try in excess of one hundred pounds in any one week, that are free from disease.

(14) "Broker" shall mean any person. firm

2423

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

or corporation who sells dressed poultry in this state for a dealer on a commission basis.

(15) "Processor" shall mean any person, firm or corporation slaughtering and dressing poultry for commercial purposes.

(16) "Poullbry" shall mean all klinds of poultry and shall include chickens, turkeys, ducks, guineas, geese, pigeons and other domes­ticated food birds.

(17) "Carton" within the intent and pur­pose of this chapter shall be construed to mean any container of paper, cardboard or other ma­terial used as a carrier of eggs where each egg has an individual cell in lots of any amount from one-half dozen to three dozen. It is under­stood that paper bags or other containers where eggs are packed in bulk without separation between individual eggs shall in no way be construed as being a carton as intended in this chapter.

(18) "Classifications" within the intent and purposes of this chapter, eggs shall be classi­fied for official state inspection labeling pur­poses as: "Florida eggs," "shipped eggs," "unclassified eggs," and "cold storage eggs." Official labels showing these classifications shall be affixed to all cases, half-cases and cartons (with the exception of "unclassified eggs" which shall not be sold in cartons as defined in the law). "Shell treated eggs" shall not be considered a classification but must be added to the other descriptive legends on the cases, half-cases and cartons where grade and size are declared.

Hlstory.-§1, ch. 16012, 1933; §§1, 2, ch. 16982; §1, ch. 17170, 1936; CGL 1936 Supp. 4126(1), 4126(2), 4151(379); am. §1, ch. 24106, 1947; §1, ch. 57-151.

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

(1) (a) To offer for sale or sell in this state any case of eggs, or partial case of eggs or any carton containing eggs which fails to carry the official inspection label.

(b) 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.

(2) 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 re­ceptacle 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" (inserting 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.

(3) 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.

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

Hlstory.-§2, ch. 16012, 1933; §§2, 3, ch. 16982, 1936; CGL 1936 Supp, 4126(2). 4126(3); §2, ch. 57-151.

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, 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.

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

583.04 Promulgation of regulations. - The commissioner of agriculture may make and promulgate such regulations as may be neces­sary to carry out the provisions of this chapter.

Hlstory.-§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) (a) To enter on any business day during the usual hours of business, any store, market or other building or place where eggs are sold, offered for sale, or held for the pur­pose of sale, in order to ascertain by inspection whether in the exhibition of such eggs all of the provisions and conditions of this chapter or any rule or regulation duly promulgated in

2424

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

relation to the sale, offering for sale, or hold­ing for the purpose of sale have been complied with.

(b) Upon good and sufficient cause to be­lieve that any of the provisions of this chapter are being violated, to stop and inspect any truck or other vehicle engaged in the trans­portation of eggs upon the highway to be sold, offered for sale, or held for the purpose of sale in the state, and to make such examination or inspection thereof as is necessary to ascertain whether all of the provisions of this chapter or any rule or regulation duly promulgated there­under relating to the quality and wholesome­ness, grade and standard required by the provisions of this law have been complied with.

(c) To enter on any business day during the usual hours of business, any restaurant kitchen, hotel dining room kitchen, or the kitchen of any other public eating place where eggs and egg products are served as food, in order to ascertain by inspection whether in the serving of such eggs or egg products as food all of the provisions and conditions of this chapter or any rule or regulation duly promulgated in relation thereto have been com­plied with; provided that no such restaurant, hotel dining room or other public eating place where eggs or egg products are served as food shall not be construed to be a dealer and do not come under the provisions of this law except in order to permit inspection of eggs or egg products for the protection of the public health and to insure that the provisions of this law are being complied with by the dealer from which such eggs or egg products were pur­chased.

(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, 683.20 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.

Hlstory.-§11, ch. 16982, 1935; CGL 1936 Supp. 4126 (11); am .§2, ch. 24106, 1947; (1) by §3, ch. 57-151.

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.

Hlotory.-§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 col-

lection of such inspection fee, by stamps or otherwise, shall be prescribed by the commis­sioner of agriculture.

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

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 Glealer in the state. Such certificate shall be subject to revocation by the commissioner of agriculture for cause. All such certificates shall be permanent registration and effective until revoked; provided that all certificates heretofore or hereafter issued shall serve as valid certificates until replaced with perma­nent certificates by the commissioner of agri­culture.

Hlstory.-§4, ch. 16012, 1933; §6, ch. 16982, 1935; CGL 1936 Supp. 4126(6); am. §3, ch. 24106, 1947; §21, ch. 57-1; §4, ch. 57-151.

583.10 Records, inspection, invoices and in­formation; penalty.-

(!) Egg dealers shall keep for a period of two years all invoices, manifests, bills of lading, warehouse receipts, receiving and delivery re­ceipts, record of checks issued, bank deposits, bank account statements, and paid checks, ledg­ers, books of accounts, memoranda or other equivalent information, relating to the pur­chase, sale or transfer of eggs, showing the name of the seller or consignor, the name of the purchaser or consignee, the quantity, source and classification, and make such records read­ily available to the commissioner of agriculture, or his duly authorized representative during all business hours for the purpose of inspection, examination and audit.

(2) 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, duplicate copies of all invoices or equivalent information, show­ing the consignor, the consignee, the quantity, source, classification, grades and standard 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.

(3) Any person violating this section, upon conviction shall be punished as provided in §583.20. History.-~5, ch. 16012, 1933; §7, ch. 16982, 1935; CGL

1936 Supp. 4126(7); §1, ch. 59-425.

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 and the police power may be ex­erted thereon, or whenever such interstate shipment loses its character as such.

Hlator7.-18, ch. 16982, 1935; CGL 1936 Supp. 4126(8).

2425

1"""""'--------- - - ----- -

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

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.

r 4) Quick frozen. or frozen, construed to mean any fowl that have been processed, packed, sealed and frozen in strict confonnity with ac­cepted 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 evidence of deterioration from freezing 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. 2410&, 1947.

583.13 Dealers to mark slaughtered poultry as to grade.-

(1) It is unlawful for any dealer or broker to sell, offer for sale, or hold for the purpose of sale in the state any slaughtered poultry without clearly imprinting thereon or attaching thereto a label or tag, not less than two inches in diameter on which shall be plainly and legi­bly printed the classification, grade and stand­ard to which the same belong. Whenever shipped, fresh dressed or cold storage poultry are sold, offered for sale, or held for the pur­pose of sale packed in a container other than an air-tight container, such container shall have affixed a label, not less than two inches by four inches on which shall be plainly and legibly printed in letters not less than three­eighths inch in height, the classification, grade and standard to which the contents of such container belong.

(2) It is unlawful to offer poultry 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 poultry being offered for sale properly belong.

(3) It is unlawful for any person, firm or corporation to use dressed poultry in the prep­aration of food served to the public, or to hold dressed poultry for the purpose of such use, unless such dressed poultry has clearly im­printed thereon or attached thereto a label or tag, not less than two inches in diameter, on which shall be plainly and legibly printed the classification, grade and standard to which the same belong. Whenever shipped, fresh dressed or cold storage poultry are used in the preparation of food served to the public, or

held for the purpose of such use, packed in a container other than an air-tight container, such container shall have affixed a label, not less than two inches by four inches on which shall be plainly and legibly printed in letters not less than three-eighths inch in height the classification, grade and standard to which the contents of such container belong.

Hlstol'7.-§3, ch. 17170, 1935; CGL 1986 Supp. 4151(381). Am. §5, ch. 57-151.

583.14 Certification of poultry dealers.-It is unlawful to sell, offer for sale, or hold for the purpose of sale any poultry as a dealer or broker unless such person has obtained from the commissioner of agriculture a certificate authorizing such person to engage in the busi­ness of selling poultry in Florida. Such certifi­cate shall be subject to revocation by the com­missioner of agriculture for cause. All such certificates shall be permanent registration and effective until revoked; provided that all certificates heretofore or hereafter issued shall serve as valid certificates until replaced with permanent certificates by the commissioner of agriculture.

Hlstory.-§4, ch. 17170, 1936; CGL 1986 Supp. 4151(382); am. §5, ch. 24106, 1947; §22, ch. 57-1 ; §6, ch. 57-151.

583.15 Reports of poultry dealers. -The commissioner of agriculture may require every dealer and broker granted a certificate and every person, finn or corporation, using dressed poultry in the preparation of food served to the public on which inspection fee has not been previously paid to keep records of all purchases, sales, receipts or other trans­actions pertaining to the sale, purchase or use of dressed poultry and to mail to the office of the commissioner of agriculture at Tallahassee duplicate copies of all invoices, or equivalent il!-formation, sho~ing the consignor, the con­signee, the quantity, source and classification of poultry included in each purchase or sale or such other information as the commissio~er rna~ require; and the commissioner may pre­scn~e the forms to be used to give such infor­mation.

Hl•to..,..-§6, ch. 17170, 1935; CGL 1986 Supp 4161(388) Am. §7, ch. 57-151. • •

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 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, such as will, in his judgment, pro-

2426

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

mote 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.-1§7, 8, ch. 17170, 1935; CGL 1936 Supp. 4161(­(885)' 4161(386).

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

(1) (a) May enter on any business day during the usual hours of business, any store, market or other building or place where poul­try is sold, offered for sale, or held for the purpose of sale, in order to ascertain by in­spection whether in the exhibition of such poultry all of the provisions and conditions of this chapter or any rule or regulation duly promulgated in relation to the sale, offering for sale, or holding for the purpose of sale have been complied with.

(b) May, upon good and sufficient cause to believe that any of the provisions of this law are being violated, stop and inspect any truck or other vehicle engaged in the trans­portation of poultry upon the highway, to be sold, offered for sale, or held for the purpose of sale in Florida, and to make such examina­tion or inspection thereof as is necessary to ascertain whether all of the provisions of this chapter or any rule or regulation duly promul­gated thereunder relating to the quality and wholesomeness, grade and standard required by the provisions of this law have been com­plied with.

(2) May issue and enforce a stop sale notice or order, or a stop use notice or order, to the owner or custodian of any Jot of poultry 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 law or any regulation issued hereunder, which shall prohibit further sale, barter, exchange, distribution or use of such poultry until the commissioner of agriculture is satisfied that the law or regulation has been complied with and has issued a written release or notice to the owner or custodian of such poultry.

(3) May enter on any business day during

the usual hours of business any restaurant kitchen hotel dining room kitchen, or the kitchen' of any other public eating place where dressed poultry is used in the preparation of food served to the public, and to make such examination and inspection thereof as is neces­sary to ascertain whether all of the provisions of this chapter or any rule or regulation duly promulgated thereunder relating to the quality and wholesomeness, grade and standard re­quired by the provisions of this law have been complied with.

( 4) An inspection fee of not less than one­eighth of one cent per pound nor more than one-fourth of one cent per pound is hereby imposed, and shall be paid to the commissioner of agriculture on all dressed poultry sold by dealers in this state and on all dressed poultry used in the preparation of food served to the public, if the fee has not been previously paid, which said inspection fee shall be paid by the dealer who first sells, offers for sale or holds for the purpose of sale dressed poultry in this state or by any person, firm or corporation using dressed poultry in the preparation of food served to the public, on which inspection fee has not been previously paid.

It is unlawful for any dealer to sell, offer for sale or hold for the purpose of sale in this state a_ny dressed poultry on which said inspec­tion fee shall not have been paid, and it is un­lawful to use, or hold for the purpose of use, in this state any dressed poultry in the prepara­tion of food served to the public 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 same. All such fees so collected shall be paid into and become a part of the general inspection fund of the state.

(5) The possession of more than one hun­dred pounds of dressed poultry in any one week by any dealer or broker or any person, firm or corporation using dressed poultry in the prepa­ration of food served to the public, shall be deemed held for the purpose of sale or for the purpose of use in the preparation of food served to the public.

Hl•torJ'.-§19, 10, ch. 17170, 1936; CGL 1938 Supp. 4161· (887), 4151(388); am. §6, ch. 24106, 1947.

Am. §11, ch. 25035, 1949; §8, ch. 57·151.

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.

Blatoi"J'.-111, ch. 17170, 1935; CGL 1936 Supp. 4151(889).

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

2427

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

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 con­victed of any violation of this chapter.

l2) In addition to the remedies provided in this chapter and notwithstanding the existence of any adequate remedy at law, the commis­sioner of agriculture is hereby authorized to apply by a bill in equity to a circuit court or circuit judge and such circuit court or circuit judge shall have jurisdiction upon hearing and for cause shown to grant a temporary or perma-

nent 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 refus­ing 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 shall be issued without bond.

Hlstory.-§13, cb. 16982, 1935; §12, ch. 17170, 1935; CGL 1936 Supp. 4161(390), 7688(1), 8135(19); am. 17, ch. 24106, 1947 ; !2) by §2+, ch. 57-1. cf.-§776.06, Alternative punishment.

2428

CONTROL OF HONEY BEE DISEASES Ch. 584

CHAPTER 584 CONTROL OF HONEY BEE DISEASES

584.01 Powers of state plant board over honey bees.

584.02 Certificate of inspection to accompany shipments.

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 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.

Hlatory.-§2, ch. 7938, 1919; §2, ch. 12050, 1927; CGL 8974.

584.02 Certificate of inspection to accom­pany shipments.-All honeybees (except bees in combless packages) and used beekeeping equip­ment shipped or moved into the state, or ship­ped or moved within the state, 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, the owner thereof shall make application on forms provided by the plant commissioner of the state plant board 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 period 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 may issue permit for such shipment upon pre-

584.04 Plant board may require removal. destruc­tion, etc., of exposed or infected bees.

584.041 Compensation for destroyed property. 584.06 Penalty for violation.

sentation of suitable evidence showing such bees to be free from disease.

Hlatory.-§1, ch. 7938, 1919; §1, ch. 12050, 1927; CGL 3973; § 1, ch. 19062, 1939; § 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 there~n, 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.

Hletory.-§3, ch. 7938, 1919; §8, ch. 12050, 1927; CGL 8975.

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 witt any contagious or infectious disease, or if find ing that such bees or fixtures have been ex posed 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.

Hletory.-§3, ch. 7938, 1919; §3, ch. 12050, 1927; CGL 8975.

584.041 Compensation for destroyed prop­erty.-

(1) Whenever bees, hives or other equip­ment is ordered destroyed by the state plant board pursuant to §584.04, the board shall ap­praise the property to be destroyed. If the board and the owner are unable to agree on the value, the board shall appoint a disinterested appraid­er, the owner shall appoint a disinterested ap­praiser and these two appraisers shall appoint a third disinterested appraiser who shall ap­praise the property. When the property is destroyed, the board shall pay any Florida resi­dent beekeeper whose property is destroyed, a sum equal to fifty per cent of the appraised value of the property destroyed. For the pur­poses of this section the "property" shall in­clude bees, hive, frames and other equipment.

(2) The sum of twenty thousand dollars is hereby appropriated during the biennium 1957-1959 for the purposes set forth in this sec­tion.

History.-comp. §§1, 2, ch. 57-818.

2429

Ch. 584 CONTROL OF HONEY BEE DISEASES

584.06 Penalty for violation.-Whoever vio­lates any of the provisions of Chapter 584, 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 not 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.

Hlotory.-§5, ch. 7938, 1.919; §5, ch. 12050, 1927; CGL 7878 ; am. §2, ch. 23674, 1947. Am. §3, ch. 25237, 1949. cf.-§775.06, Alternative punishment.

2430

FLORIDA LIVESTOCK BOARD Ch. 585

CHAPTER 585 FLORIDA LIVESTOCK BOARD

Ch. 585 revised and amended by ch. 59-457 (effective January 15, 1961) to accord with law reorganizing the Dept. of Agricul­ture. See Supplement at the end of Vol. 2.

585.01 Deflnltlona. 585.02 Flonda llvestock board. 585.021 State livestock sanitary board abolished;

rules, official acts continued in force. 585.03 Florida livestock board; a body corporate. 585.04 Headquarters of said board and place of

meetings. 585.05 Compensation and expenses of board. 585.07 Audit and payment of accounts. 585.08 General powers of the board; rules and regu­

lations. 585.09 Procedure for condemnation of domestic

animals and property by board. 585.10 Condemned and destroyed animals; limita-

tion on payment to owner. 585.11 Cooperation with United States authorities. 585.12 State veterinarian. 585.13 Supervisor of tick eradication; livestock in­

spectors. 585.14 Information concerning, and control of,

live stock diseases. 585.15 Dangerous transmissible diseases. 585.16 Powers of board in connection with certain

diseases. 585.17 Care of domestic animals or cattle with

transmissible diseases and liability there­for.

685.18 Diseased animals. 585.19 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.

685.20 Injection of germs into animals. 585.21 Sale of biological products. 585.22 Public notice of general quarantines. 585.23 Owners of live stock and premises under

quarantine to comply with rules and regu­lations.

585.24 Cattle fever tick eradication; quarantine. 585.25 Cattle fever tick eradication, vats, corrals,

buffer fences, acquisition of lands and equipment and dipping schedules.

685.26 Fever tick eradication; pasture rotation method.

585.28 Fever tick eradication; arbitration of costs, etc.

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

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 Florida live­stock board.

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

Hletory.-§5, ch. 92011 1923; 12, ch. 17273, 1935; CGL 1938 Supp, 3321, 3323 (2) ; §1, CA. 25358, 1949.

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.

585.34 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 Florida livestock board. 585.40 Violation of quarantine regulations. _ 585.41 Violation of rules or regulations of board. 585.432 Same; eradication; appropriation 1957-

1959. 585.44 Purchase, distribution and administration

of brucellosis (Bang's disease) vaccine. 585.45 Right of appeal. 585.47 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.

585.48 Policy and purpose of §§585.49-585.53, 585.59.

585.49 Definition; §§585.48-585.53, 585.59. 585.50 Garbage feeding prohibited unless sterilized. 585.51 Permitting of feeders of garbage. 585.52 Requirement regarding the collection,

transportation and distribution of gar­bage.

585.53 Permit revocation. 585.59 Penalties for violation. 585.60 Definitions for §§585.61-585.66. 585.61 Domestic animal diagnostic disease labora-

tory. 585.62 Poultry diagnostic disease laboratories. 585.63 Same; survey by Florida livestock board. 585.64 Same; construction and operation under su-

pervision of Florida livestock board. 585.65 Availability of services of laboratories. 585.66 Charges for services. 585.67 Disposition of fees and refunds of expenses.

585.02* Florida livestock board.-

(1) A state board is established, to be known and designated as the Florida livestock board, said board to be composed of nine practical livestock men, one of whom shall be a poultry­man, resident citizens of this state, actively en­gaged in the livestock industry, one from each congressional district as now constituted and one from the state at lar2'e. to be appointed by the governor, and confirmed by the senate. Five members of the first board shall hold office until the first Tuesday after the first Monday in January 1957, or until their successors are duly appointed and qualified and thereafter shall serve for a term of four years. The re­maining four members shall serve for a term of four years. The terms of office of members

2431

Ch. !'if!5 FLORIDA LIVESTOCK BOARD

of the first board shall date from June 7, 1953. (2) Before entering upon the discharge of

their duties as members of said board, each member shall subscribe to the oath of office required by the state constitution. and shall also be required to furnish a good and sufficient bond, in the penal sum of ten thousand dollars, with a surety company duly authorized to transact business in this state, as surety, pay­able to the gcvernor and his successors in of­fice, and conditioned upon the due and faithful performance of his duties as a member of the said board.

(3) The said board shall have and exercise all the powers, jurisdiction, duties and author­ity now exercised by, or required of, the state livestock sanitary board, and the provisions of chapter 585, shall be applicable to said board.

Hlotory.-§1, cb. 7345, 1917; RGS 2101; §1, cb. 8508, 1921; §1, ch. 9201; COL 3317; §1, ch. 23775, 1947; .1. ch. 26830, 1951; former section repealed by §4, ch. 28095, 1953; re-enacted by § 1, ch. 28095. 1953. cf.-§ll3.07 Bonds of officials. •section repealed dfective January 15, 1961, by §2, ch. 59-54.

585.021 * State livestock sanitary board abol­ished; rules, official acts continued in force.­The state livestock sanitary board is hereby abolished and the terms of its members termi­nated as of June 7, 1953. Provided, however, that all rules, regulations, orders, quarantines and official acts of the said state livestock sani­tary board shall remain in full force and effect until and unless repealed, amended, changed or superseded by action of the Florida live­stock board.

Hl•tory.-Comp. §4, ch. 28095, 1953. •section repealed effective January 15, 1961, by §53, ch. 59-457.

585.03* Florida livestock board; a body cor­porate.-The said Florida livestock board shall be a body corporate, having the usual powers of a body corporate for all purposes necessary to further carry out the provisions and re­quirements of chapter 585, including the 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. It shall select from its member­ship a chairman and a vice-chairman, and the state veterinarian shall be secretary to said board.

Hlotory.-~§1. 7, ch. 9201. 1923; CGL 8317, 8323; am. 12, ch. 23775, 1947; former section repealed by §4, ch. 28095, 1953; re-enacted by §2. ch. 28095. 1953. •section repealed effective January 15, 1961, by §53, ch. 59-457,

585.04* Headquarters of said board and place of meetings.-The official headquarters of the board shall be located in Tallahassee, but the board, by resolution may establish branch offices at any other place or places in the state 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.

lllotory.-§2, ch. 7345, 1917 ; RGS 2102; §§1, 2, ch. 9201, 1923; CGL 3317, 3318; am. §3, ch. 23775, 1947. •section repealed effective January 15, 1961, by §53, ch. 59-457.

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. cJ~"~a~~:-§3, ch. 7345, 1917; RGS 2103; §3, cb. 9201, 1923;

•section repealed effective January 15, 1961, by §53, ch. 59-457.

585.07* Audit and payment of accounts.­Upon the presentation to the comptroller of any accounts duly approved by the said livestock 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.

Hlstory.-U6, ch. 9201, 1923; CGL 3332. •section repealed effective January 15, 1961, by §53, ch. 59-457.

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

(!) Establish, maintain and enforce quaran­tine 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 loca­tions and boundaries, for the purpose of eradi­cating 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;

2432

FLORIDA LIVESTOCK BOARD Ch. 585

(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 w~ich h_ave been exposed to or are suspected of bemg hable 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.

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

Am. §2, ch. 25358, 1949. ct.-§585.41, Violation ot rules and regulations of board.

585.09 Procedure for condemnation of do­mestic animals and property by board.-Con­demnation and destruction of domestic animals, b~rns •. yards, sheds, corrals and pens, as pro­VIded m §585.08 shall take place only after a fair appraisal of the value of the property which value shall be determined by the board ~nd 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 disinter­ested appraisers, one to be appointed by the bo:'lrd, one by the owner of the property, and the th~rd to be selected by these two. The appraised price, subject to the provisions of §585.10, shall be paid by the board as other expenses are paid. If the owners or person in charge of such domestic animal, barn, yard shed corral, or pen fails or refuses to na~e hi~ 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 t~e county wherein the property lies, directing him to destroy such domestic animal, barn, yard shed, corral or pen, in the manner to be pre~ scribed by such order, which order shall be ex­ecuted by said sheriff forthwith. Upon the de­struction of the said property by the said sheriff the board shall have the right to recover, fro~ the owner of the property destroyed, all costs and expenses incurred by it in connection there­with.

Hlotor;v.-U1, ch. 7345, 1917; RGS 2111; §11, ch. 9201, 192:!: f'C1L :!340: am. ~5, "h. 23775, 1947. ef.-Bimllar to §9, ch. 5933, 1909.

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 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.

Hlstory.-§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;

(b) Accept aid or assistance from the United States in conducting the work of tuber­culosis eradication, brucellosis and hog cholera control, 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.

History.-§6, ch. 7345, 1917; RGS 2106; §3, ch. 8508, 1921; §7, ch. 9201, 1923; §1, ch. 13892, 1929; CGL 3323; 11, eh. 17273, 1935; CGL 1936 Supp. 3323(1); am. §6, ch. 23775, 1947, •section repealed effective January 1, 1961, by §53, ch. 59-457.

2433

Ch. 585 FLORIDA LIVESTOCK BOARD

585.13* Supervisor of tick eradication; live­stock inspectors.-

(!) SUPERVISOR OF TICK ERADICA­TION. - The Florida livestock 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, 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. Said supervisor 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 inspec­tors 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 approval of the 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, as surety pay­able to the governor and his successors in office, and conditioned upon the due and faithful performance 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 purcha11e 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 all 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 le~oral bonds in this state. which bond shall be conditioned upon the faithful perform­ance of their duties. Hlotory.-~14, ch. 7345, 1917: RGS 2114; 110, ch. 9201,

1923: CGL 3326: am. §7. ch. 23775, 1947. ef.-§ 113.07 Bonds of officials. •section repealed effective January 15, 1961, by §53, ch. 69-457.

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 thereof and to protect domestic animals in the state therefrom. Said board shall also quar­antine such domestic animals as it shall find, or have reason to believe, to be infected with or exposed to any such disease.

Hlstory.-§4, ch. 7346, 1917; RGS 2104; 14, 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 plague, hemor­rhagic septicemia, foot and mouth disease or apthous fever, southern cattle fever or Texas fever, sheep or cattle scabies, hog choler~, swine plague, swine erysipelas, fowl plague or fowl pest, rabies, dourine, tuberculosis, brucel­losis, or domestic animals or cattle infested with or infected by the cattle fever tick or ticks.

Hlstory.-§3, ch. 17273, 1935; CGL 1936 Supp. 8323(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 Florida livestock board to be of a dangerous or transmissible nature, shall exist anywhere within the state, or whenever it is deemed necessary or ad­visable to dip, examine, test, treat or de­stroy, the board may, or through its respresen­tatives 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; provided that provisions of this chapter shall not apply to game animals.

Hlstory.-§4, ch. 17273, 1935; CGL 1936 Supp. 8323(4); am. §8, ch. 23775, 1947.

585.17 Care of domestic animals or cattle with transmissible diseases and liability there­for.-Any person, firm or corporation who knowingly sells or offers for sale or knowingly or wilfully transports or moves. or knowingly or wilfully allows or permits any domestic ani­mal or cattle to stray or drift within the state, knowing such animal or cattle to be

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FLORIDA LIVESTOCK BOARD Ch. 585

suffering from, afflicted with or affected with any of the diseases enumerated in §585.15, or who knowingly or wilfully transports 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 the board, shall be liable in damages, in addition to the penal provisions of this chapter, to the Florida livestock 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. 19, 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 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.

Hl•tory.-§8, ch. 7345, 1917; RGS 2108; CGL 8337. ct.-Cross references under 1585.15.

585.19 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.-All practitioners of vet­erinary medicine, and the owner of any do­mestic animal 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 existence of any such disease in or among such domestic animals or cattle, or the infec­tion of any such domestic animal or cattle or 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.

Hlstory.-§7, ch. 7345, 1917 ; RGS 2107; CGL 83311. Am. 16, ch. 25358, 1949.

to any domestic animal that is producing or that is to be used as food for man, any virus or other sabstance containing pathogenic or disease producing germs of a kind that is viru­lent for man or for animals except upon written permission to do so from the Florida livestock board.

Hl•tory.-19, ch. 17273, 1935; CGL 1936 Supp. 8323(9).

585.21 Sale of biological products.-It is unlawful for any person to manufacture for sale, sell or offer for sale any biological product intended for diagnostic or therapeutic purposes with animals except upon written per­mission to do so from the Florida livestock board and unless such product is officially ap­proved by the United States department of agriculture.

Hlstor:r.-§8, ch. 17273, 1935; CGL 1936 Supp. 8323(8). Am. § 1, ch. 57-140.

585.22 Public notice of general quarantines. -Whenever the board shaH place any area of the state under general quarantine, it shall forthwith give public notice thereof, which notice shall in general terms define the quar­antine lines established, by causing said notice to be published, at least once, in a newspaper to be selected by the board within the county wherein the said quarantined area lies, and by posting a copy of said notice at the door of the court house of said county; provided, however, if said quarantined area lies within more than one county notice shall be published in each county affected thereby. The provisions of this section shall not apply to quarantmes for tick eradication.

Hl•tury.-15, ch. 7345, 1917; RGS 2106; 16, ch. 8201, 1128; CGL 3322.

585.23 Owners of live stock and premises under quarantine to comply with rules and regulations.-AU 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, pasture, 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.

Hlstory.-§21, ch. 7345, 1917; RGS 2119; CGL 3345. cf.-§585.40, VIolation ot 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 week, 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

585.20 Injection of germs into animals.- by posting copies of said notice at the door of No person may inject or otherwise administer the courthouse in each county, at least eight

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Ch. 585 FLORIDA LIVESTOCK BOARD

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.

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

Am. §7, ch. 25358. 1949. ct.-§585.40, Viola tion of quarantine r egulations.

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, f acilities and equipment as may be necessary to effectively and systemati­cally prevent, suppress and control the spr ead 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 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

te relieved of such dipping by permission of the board.

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

Am. §8, ch. 25358, 1949.

585.26 Fever tick eradication; pasture rota· tion method.-The board may, in its discretion, employ the pasture rotation method of tick er adication 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 incur­red by him in complying with the requirements of the board in removing such cattle from such area as hereinbefore provided.

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

585.28 Fever tick eradication; arbitration of costs, etc.-In the event the owner fails or refuses to dip his cattle or other domestic ani­mals, which shall include horses and mules, or to 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 lien 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; a m. §13, ch. 23775, 1947.

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

(1) 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 be, 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.

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FLORIDA LIVESTOCK BOARD Ch. 585

(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 sale 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 news­paper 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 house 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 service 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 there­of 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.

Hlatory.-§12, ch. 9201, 1923: CGL 3328.

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

(1) The Florida livestock 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 farmer who is an owner of swine in Florida, making application therefor on 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 adminis­tered, 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 andjor 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 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 as 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 Florida live­stock 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 at the same session of the legislature at which this law is enacted and at all succeeding sessions of the legislature.

(7) The Florida livestock board is hereby

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Ch. 585 FLORIDA LIVESTOCK BOARD

authorized to promulgate and enforce all rules and regulations necessary for the ad­ministration of this law.

Hl•tor;r.-§§1-6, eh. 7919, 1917; §1, eh. 8499, 1919; 1§1-8, eh. 9329, 1923; §11-8, eh. 10173, 1926; 111-8, eh. 12048, 1927; til, 2, ch. 13656, 1929; 111-6. eh. 16618, 1931; 1§1-4, eh. 16867, 1933; 111-4, ch. 17059, 1935; COL 1936 Supp. 3348, 8348, 3348(8), (14), 7742(1), (2); 1§1-4, ch. 18153, 1937; Ill-S. ch. 19006, 1939; 1§1-3, ch. 20357, ffl, 2, ch. 20733, 1941; fl, ch. 21638; §§1-2A, ch. 21741, 1943; §586.43 consolidated with this sec­tion by §1, ch. 22517, 1945; am. §1, ch. 26895, 1951; (2), (4) l>y §2, ch. 67-140.

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

(!) Except as otherwise provided by law, the Florida livestock board shall distribute through 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 Florida livestock board, anti-hog cholera serum and hog cholera virus without cost thereof to any farmer who is an owner of swine in Florida making application therefor upon blanks to be furnished by said board and approved by the administrator 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, as surety, payable to the Florida live­stock 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.

Wstory.-§§1, 2, ch. 22592, 19+5; (1) by §3, ch. 57-140.

585.34 Inspection and transportation of meats in Florida.-

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

(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.

( 4) The officials of all municipalities main­taining such inspections may, in such municipali­ties and counties, fix and collect fees for such inspection of such establi!lhments 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.

(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

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FLORIDA LIVESTOCK BOARD Ch. 585

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 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 "In­spected and Passed" stamp of an establishment 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 purposes. 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 com­pleted. 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 car-

cass 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 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 having 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.

2439

Ch. 585 FLORIDA LIVESTOCK BOARD

(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 in­spection 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 passed 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 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 convidicn 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.

(22) The legislature has determined that it is impractical to formulate and promulgate either a law or rules and regulations reason­ably applicable to all persons, firms or corpor­ations engaged in producing, slaughtering, processing, transportation, and selling of meat producing animals for human consumption in the state, and therefore the following excep­tion to the general provisions contained in sub­sections (1) through (20) hereof shall be ap­plicable as to the persons, firms or corpora­tions falling within the hereinafter contained classifications, unless a request by such per­son, firm or corporation is made to the Flor­ida livestock board, for permission to come under the provisions of subsections (1) through (20) supra, insofar as inspections are con­cerned:

(a) Any person, firm, or corporation slaughtering or processing for sale within the state not more than twenty head of cattle, nor more than thirty-five head of hogs per week, shall not be subject to the inspection under the terms of §585.34, as amended by chapter 26831, acts of 1951, unless such person, firm or corporation shall make a request there­for to the Florida livestock board for such inspection. Such person, firm or corporation so slaughtering or processing not more than twenty head of cattle nor thirty-five head of hogs per week shall be subject to the same inspection as provided by said §585.34, as the same was prior to the amendment by said chap­ter 26831, acts of 1951.

(b) If any person, firm or corporation slaughtering or processing for sale not more than twenty head of cattle nor more than thirty­five head of hogs per week desire to come within the inspection as provided by said §585.34, as amended by chapter 26831, acts of 1951, and so request the same of the Florida livestock board, then said person, firm or cor-

2440

FLORIDA LIVESTOCK BOARD Ch. 585

poration shall pay the inspection fees imposed thereon by said board.

(c) The Florida livestock board may, in its discretion, authorize any person, firm or cor­poration, permission to slaughter or process for sale more than twenty head of cattle and thirty-five h~ad of hogs per week, however, not to exceed f1fty head of hogs or twenty-five head of cattle per week to meet special emer­gencies or seasonal demands and in such event the same provisions of this law shall apply as applied to those slaughtering and processing not more than the maximum of twenty head of hogs and thirty-five head of cattle per week.

(d) Any meat carcass that has been farm slaughtered or otherwise slaughtered under exemptions as prescribed herein and properly tagged for identification, may be admitted to any cooler within the state for chilling or freez­ing, and may be admitted to any freezer locker plant for processing and freezing.

Illstory.-§§1-8, ch. 17096, 1935; CGL 1936 Supp. 8348(15)­(22) ; § § 1, 2, ch. 23080, 1945 ; sub. § § (9)-(21) comp § §1 2 eh. 26831, 1951 ; sub. § (221 comp. § 1, ch. 28255, 1953. · ' '

Note: Section 2, ch. 28255, 1953, repeals ch. 26831, 1951 (sub. f § (9) - 121), effective only should ch. 28255, 1953 (sub. §22) be held unconstitutional.

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 regulations made pursuant thereto the board and all its employees duly authori~ed, are em: powe~ed to enter up<?n 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.

Hlatory.-§16, ch. 7345, 1917; RGS 2116; CGL 8343.

585.36 Board charged with enforcement of Jaw; 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 en~ forcing or carrying out the terms of this chap­ter and the rules of said board and preventing violations thereof, and any person or officer charged with any duty under this chapter may be compelled to perform the same by mandamus injunction or other extraordinary remedy upo~ the application and in the name of the said board.

Hlatory.-§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 pur: suant 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.

Hlatory.-§20, ch. 7345, 1917; RGS 2118; CGL 8344.

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, 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 6555; CGL 7741. cf.-§775.06, Alternative punishment.

585.39 Interference with Florida livestock board.-Any person who forcibly assaults, re­sists, opposes, prevents, impedes or intP.rferes 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.

Hlatory.-§16, ch. 7345, 1917; RGS 5552; 14, ch. 8508, 1921: CGL 7738. cf.-§775.06, Alternative punishment.

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.

Hlstory.-§17, ch. 7345, 1917; RGS 5553; 15, 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.

History.-§19, ch. 7345, 1917; RGS 5554; §6, ch. 8508, 1921; CGL 7740; §10, ch. 17273, 1935; CGL 1936 Supp. 7742(4) .

cf.-§775.06, Alternative punishment.

585.432 Screwworm control; eradication; appropriation 1957-1959.-

(1) There is hereby appropriated from the general revenue fund of the state for the biennium 1957-59 the sum of three million dollars, of which sum one-half may be expended during the fiscal year of 1957-58, for the pur­pose of instituting and maintaining a compre­hensive program for the control and eradication of screwworms within this state, and for the conduct of research and experimentation inci-

2441

Ch. 585 FLORIDA LIVESTOCK BOARD

dental thereto by the Florida livestock board as designated by §585.02.

(2) This appropriation shall be under the complete supervision and control of the state budget commission and the state budget com­mission is hereby authorized in its discretion to designate any part of this appropriation for meeting necessary expenses brought about by such emergency as provided after public hear­ing and ample evidence is presented to the budget commission of the need of such emerg­ency appropriation; provided, however, that no expenditures shall be authorized except by the concurring vote of five members of the budget commission, one of whom shall be the governor; and provided further, that this shall not be construed to authorize the budget com­mission to create any new department or func­tion, and no part of this appropriation shall be used for attorney's fees or increases of salaries.

(3) Immediately upon passage of this law the Florida livestock board shall:

(a) Make all arrangements necessary to cooperate with the authorities of the United States in the accomplishment of the purposes of this law.

(b) Employ some practical livestock man who has been engaged in the cattle industry in this state as supervisor of this program, and fix his powers, duties, and compensation.

(c) Formulate a program and promulgate all rules and regulations necessary for the successful implementation and administration thereof.

(4) In the discharge of its duty under this law the Florida livestock board shall have the power:

(a) To establish, maintain and enforce quarantine areas within the state, or the entire state, and restrict, regulate or prohibit the movement of all animals found and determined by the board to be carriers of the screwworm in any state of its life cycle when necessary for screwworm eradication, or for the carrying out of any of the purposes of this law;

(b) To acquire by gift, lease, purchase, or otherwise, facilities for breeding sterile screw­worm flies; and to secure their controlled dis­tribution;

(c) To employ such persons, and to make such contracts, as are necessary to carry out the purposes of this law.

(5) Anything hereinabove to the contrary notwithstanding, the money appropriated here­under shall be expended only pursuant to arrangements with the authorities of the United States by which not less than approxi­mately one-half of the cost of this program shall be borne by the government of the United States.

Hlstory.-comp. §§1-5, ch. 57-200.

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 o! cattle in Florida making application therefor up­on blanks to be furnished by said board and ap­proved by the administrator of said vaccine.

(3) Whenever 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 o! 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. I (4) repealed by §136, ch. 26869, 19~1.

585.45 Right of appeal.-Any owner or cus­todian of any cattle or other domestic animals which shall include horses and mules, which the Florida livestock 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 Florida livestock 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 subpoenas to any witness the court may deem necessary or that may be applied for by respective parties to said cause.

Hlstor;y.-§15, ch. 23775, 1947.

585.4 7 Failure of veterinarians or the own­ers of domestic animals or cattle afflicted or suffering with contagious, infectious or com· municable diseases, or infected by or infested with the cattle fever tick, to report the same.­Any practitioner of veterinary medicine in the state, or the owner of any domestic animal

2442

FLORIDA LIVESTOCK BOARD Ch. 585

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, 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.

Hlstory.-Comp. §9, ch. 26358, 1949.

585.48 Policy and purpose of § § 585.49-585.53, 585.59*.-Because of the existing and increasing possibility of the occurrences of highly contagious and infectious diseases in the livestock of this state which threaten to destroy the same, and because certain known agents and vectors are instrumental in the spread of certain highly infectious and contagious dis­eases in livestock, it is hereby found and declar­ed to be necessary to regulate the feeding of garbage; and to regulate the rendering of the carcasses of dead domestic animals.

Hlstory.-Comp. § 1, ch. 28313, 1953. • 11585.54-585.58 R. by §5, ch. 57-140.

585.49 Definition; §§585.48-585.53, 585.59*.­As used in §§585.48-585.53, 585.59*:

(1) The word "garbage" shall mean all re­fuse matter, animal or vegetable, by-products of a restaurant, kitchen or slaughter house; and shall include every accumulation of animal, fruit or vegetable matter, liquid or otherwise. The word "garbage" shall also include the word "swill" as commonly used; provided, how­ever, the word "garbage" shall not include fruit or vegetable matter which does not con­tain or has not been in contact or mixed with raw meats.

(2) The term "rendering plant" shall mean a place of business or location or plant where the carcasses of domestic animals or packing house refuse or other refuse is purchased, re­ceived, or unloaded and where such carcasses or refuse are processed for the purpose of ob­taining the hide, skin, grease, residue or any other by-product from said animals or refuse in any way whatsoever.

(3) The term "carcasses of domestic ani­mals" means all or any part or portion of any dead domestic animal not slaughtered for human consumption.

Hlstory.-Comp. § § 2, 3, ch. 28313, 1953. •§§585.54-585.58 R. by §5, ch. 57-140.

585.50 Garbage feeding prohibited unless sterilized.-It shall be unlawful for any person, firm, partnership or corporation (including municipalities and counties) to feed garbage to animals unless such garbage has been heated, cooked, treated or processed under such tem­perature, pressure, process or method, and for such a period of time as is necessary to rende1· the same free of any infectious or contagious

disease which might either affect the domestic animals of this state or the citizens of this state. The Florida livestock board fs author­ized to promulgate rules and regulations cov­ering the method of heating, cooking, treat­ing or processing, and to prescribe the tem­perature and time for such heating, cooking, treating and processing as may be determined by scientific research; provided, however, that the requirements of §§585.48-585.53, 585.59* shall not apply to an individual who feeds his own animals only the garbage from his own household.

mstory.-Comp. 14, ch. 28313, 1953. cf.-§1.01 Person defined

0 §§585.54-585.58 R. by §5, ch. 57·140.

585.51 Permitting of feeders of garbage.­On and after August 5, 1953, no person, firm, partnership or corporation shall feed garbage without first having applied for and obtained a permit from the Florida livestock board, Each permit shall expire as of July 1st of each year.

mstory.-Comp. §5, ch. 28313, 1953.

585.52 Requirement regarding the collection, transportation and distribution of garbage.­Every permitted feeder of garbage shall keep and furnish the Florida livestock board such information as it may by rule and regulation require regarding the collection, transportation, distribution and processing of garbage, and further such permitted feeder shall be required to keep and maintain sanitary at all times his vehicles used in the collection, transportation and distribution of garbage under such rules and regulations as may be required. The Flor­ida livestock board is authorized to promulgate such other rules and regulations as may be necessary to effectuate the purpose of § §585.48-585.59.

mstory.-Comp. §6, ch. 28313, 1953.

585.53 Permit revocation.-Every permitted feeder of garbage who shall violate the laws of this state or the rules and regulations pro­mulgated by the Florida livestock board pur­suant thereto upon a notice and hearing shall have his permit revoked, cancelled, or sus­pended.

Hlstory.-Comp. §7, ch. 28313, 1953.

585.59 Penalties for violation.-(!) Any person violating the provisions of

§§585.48-585.53 shall, upon conviction, be guil­ty of a misdemeanor and punished according to law.

(2) Any person, firm or corporation violat­ing the provisions of §§585.48-585.53 shall not be allowed to recover compensation from the Florida livestock board for the confiscation or destruction of any hogs fed uncooked garbage.

Hlstory.-§§15, 16, ch. 28313, 1953; §4, ch. 57-ao.

585.60 Definitions for §§585.61-585.66.-In construing §§585.61-585.66, wherever the con­text permits, the words, phrases or terms:

(1) "Florida livestock board" shall mean the board as created and established by §585.02.

2443

Ch. 585 FLORIDA LIVESTOCK BOARD

(2) "Board" shall mean the Florida live­stock board as defined in (1) above.

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

( 4) "Poultry" shall include all domesticated birds which serve man as a source of food, either eggs or meat.

History.-Comp. §1, ch. 29889, 1955.

585.61 Domestic animal diagnostic disease laboratory.-There is hereby created and estab­lished a domestic animal diagnostic disease laboratory in Orange county, or in a county adjacent to Orange county, for the purposes of diagnosing diseases of domestic animals, de­termining their cause and methods of control and eradication of such diseases and furnish­ing such information for use in Florida.

Hlstory.-Comp. §2, ch. 29889, 1955.

585.62 Poultry diagnostic disease labora­tories.-There is hereby created and established five poultry diagnostic disease laboratories in the following locations in Florida, to wit: One in Pasco county, which is now being operated by the agricultural experiment station; one in Dade county; one in Flagler county; one in Jackson county; one in Nassau county; for the purposes of diagnosing diseases of poultry, determining the cause and methods of control and eradication of such diseases and furnish­ing such information for use in Florida.

Hlstory.-Comp. §3, ch. 29889, 1955.

585.63* Same; survey by Florida livestock board.-The Florida livestock board shall forth­with make a survey of the needs for and the efficient operation of the five new laboratories established by §§585.61 and 585.62, and upon the basis of its survey and other information as may be before it, the board shall determine the location of each laboratory. After the lo­cations of the laboratories have been deter­mined, the board shall proceed with diligence in the construction of the laboratories and with their efficient operation.

Hlstory.-Comp. §4. ch. 29889, 1955. •Section repealed effective January 15, 1961, by §53, ch. 59-457.

585.64 Same; construction and operation un­der supervision of Florida livestock board.­The construction of the five new laboratories and the operation of all the laboratories estab­lished by §§585.61 and 585.62 shall be under the supervision and control of the Florida live­stock board. It shall be the duty of the board to operate the said laboratories in an effi­cient manner so that persons, firms and cor­porations who maintain domestic animals or poultry in Florida may obtain prompt reliable diagnosis of domestic animal or poultry dis­eases in said animals or poultry maintained in Florida, and recommendations for the control and eradication of such diseases, to the end that diseases of domestic animals and poultry may be reduced and controlled, and, if scien­tifically possible, eradicated. The board shall from time to time adopt rules and regulations for the use of the services of the laboratories.

Hlstory.-Comp. §5, ch. 29889, 1955.

585.65 Availability of services of laborato­ries.-Any person, firm or corporation who maintains domestic animals or poultry in the state may use the services of the laboratories under the terms of §§585.61 and 585.62 and under the rules and regulations for such use as adopted from time to time by the Florida live­stock board. The board shall require any user of its services to pay handling, packing, post­age and transportation charges necessary in rendering the services requested.

History .-Comp. § 6, ch. 29889, 1955.

585.66* Charges for services.-The board shall charge a reasonable fee for services to private individuals for examinations as pro­vided herein; said fees to be determined by the board.

Hlstory.-Comp. §7, ch. 29889, 1955. •section repealed effective January 15, 1961, by §53, ch. 59-457.

585.67* Disposition of fees and refunds of expenses.-All fees collected and all refunds of expenses incurred in rendering the services requested shall be deposited in the general revenue fund.

Hlstory.-Comp. ~8. ch. 29889, 1955. •section repealed effective January 15, 1961, by §53, ch. 59-457.

2444

HONEY CERTIFICATION LAW Ch. 586

CHAPTER 586

HONEY CERTIFICATION LAW

586.01 Short title. 586.02 Definitions. 586.03 Inspection and certification of honey. 586.04 Fees for certification. 586.05 Unlawful to use words "certified", "regis­

tered", or "inspected".

586.01 Short title.- This chapter shall be known as the Florida honey certification law.

History.-Comp. §9, ch. 28167, 1953.

586.02 Definitions.-As used in this chap­ter:

(1) The term "department" shall mean the department of agriculture of the state.

(2) The term "commissioner" shall mean the commissioner of agriculture of the state.

(3) The term "certified honey" shall include honey which is principally of one type or va­riety, such as tupelo, orange blossom, saw palmetto, gallberry or mango as shall have been inspected during its period of production, ex­traction and preparation for market by the department or its authorized agents and found to be reasonably free from a mixture of other types or varieties of honey, and meet other re­quirements as specified in the rules and regu­lations issued by the commissioner under the provisions of this chapter.

Hlstory.-Comp. §1, ch. 28167, 1953.

586.03 Inspection and certification of honey. (1) Any producer of honey located in Flor­

ida may make application to the commissioner for inspection and certification of his honey crop under such rules and regulations as the commissioner may issue.

(2) The commissioner, or his authorized agents, shall issue such certificates of inspec­tion and designate or provide such official tags or labels for marking containers of "certi­fied tupelo honey", "certified orange blossom honey" or certified honey of other identifiable types or varieties, and establish such standards of grade and quality, as are necessary to safe­guard the privileges and service provided for in this chapter.

Hlstory.-Comp. §2, ch. 28167, 1953.

586.04 Fees for certification.-The commis­sioner may fix, assess and collect, or cause to be collected, fees for the certification inspec­tion service, the same to be paid in such manner as he may direct. Such fees shall be large enough to meet the reasonable expenses in­curred by the commissioner or his agents in making such inspection as may be necessary for certification.

Hlstory.-Comp. §3, ch. 28167, 1953.

586.05 Unlawful to use words "certified", "registered", or "inspected".-It is unlawful to use the terms "certified", "registered" or "in­spected", or any form or modification of such

586.06 Rules and regulations. 586.07 Employees. 586.08 Penalty. 586.09 Enforcement of chapter.

terms which tends to convey to the purchaser of such honey that the same has been certified, on tags, labels or containers, either orally or in writing, or in advertising material intended to promote the sale of honey, except when such honey shall have been inspected and certified to under the provisions of this chapter by the commissioner of agriculture or by his author­ized agents.

History.-Comp. §4, ch. 28167, 1953.

586.06 Rules and regulations.-The commis­sioner may make all necessary rules and regu­lations to carry out the provisions of this chap­ter.

Hlstory.-Comp. §5, ch. 28167, 1953.

586.07 Employees.-The commissioner may employ such assistants, inspectors, specialists and others as may be necessary to carry out the provisions of this chapter, fix their sal­aries and pay same from such funds as may be available for the purpose.

Hlstory.-Comp. §6, ch. 28167, 1953.

586.08 Penalty.-Any person, copartnership, association or corporation, and any officer, agent, servant or employee, thereof, violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and on con­viction, shall be punished by fine not exceed­ing one hundred dollars for each separate of­fense. Each fifty-five gallon drum of honey, or its equivalent in smaller containers, falsely tagged, labeled or otherwise falsely designated in contravention of this act shall constitute a separate offense.

Hlstory.-Comp. §7, ch. 28167, 1953.

586.09 Enforcement of chapter. -The com­missioner is vested with power and authority to enforce the provisions of this act and the rules and regulations made pursuant thereto by writ of injunction in the proper court as well as by criminal proceedings. It shall be the duty of the attorney general, the state at­torneys, prosecuting attorneys, county solici­tors, and all public prosecutors in each county to represent the commissioner when called upon to do so. The commissioner in the discharge of his duties and in the enforcement of the powers herein delegated may send for books and papers, administer oaths and hear wit­nesses, and to that end it is made the duty of the various sheriffs throughout the state to serve all summons and other papers upon re­quest of said commissioner.

Hlstory.-Comp. ~8. ch. 28167, 1953. ct.-§30.23 Fees ot sherltts and constables.

2445

Ch. 588 LEGAL FENCES AND LIVESTOCK AT LARGE

CHAPTER 588 LEGAL FENCES AND LIVESTOCK AT LARGE

588.01 Requirements of general fence. 588.011 Legal fence; requirements. 588.07 Prohibition of stakes, etc. 688.08 Right to land not in issue. 588.09 Legally enclosed land; fenced and posted. 588.10 Posted notices; requirement. 588.11 Owner to maintain fences 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 livestock run­

ning at large or strays.

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, or other material, and not less than five feet high; 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.

lflstory.-§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, 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.

H'istory.-Comp. §§1-3, 8, 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.

588.17 588.18 588.19

588.20

588.21

588.22 588.23 588.24 588.25

Same; disposition of impounded livestock. Same; fees. Same; failure to secure purchaser or in­

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

proceeds. Same; duty of commissioners to provide

places for impounding of livestock and transportation of same.

Same; duty of impounder. Same; right of owner. Same; penalty. Same; application; limitation.

588.08 Right to land not in issue.-In 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.

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

588.09 Legally enclosed land; fenced and posted.-

(1) Land ohall 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 prop­erty 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.

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

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

Hlstory.-Comp. §5, ch. 25357, 1949.

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LEGAL FENCES AND LIVESTOCK AT LARGE Ch. 588

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 land 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.

Hletory.-comp. §7, ch. 25367, 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 and ne­cessity that its application be uniform through­out the state, except as hereinafter provided.

History .-Comp. §1, ch. 25286, 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 manual con­trol 0f 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.

Hlotory.-Comp. 12, ch. 26236, 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.

History .-comp. §8, ch. 26236, 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.

Hlatory.-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 high­way 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.

Hlatory.-comp. §5, ch. 26236, 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 described 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 the court house door and at two other con­spicuous places in said county.

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

(Name 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 of sale to be between 11 o'clock A. M. and 2 o'clock P.M. Eastern Standard Time) on the .................. day of .................. at the following place .................. (which place shall be where

2447

Ch. 588 LEGAL FENCES AND LIVESTOCK AT LARGE

the livestock is impounded or at the place pro­vided by the county commissioners for the tak­ing up and keeping of such livestock) to satisfy a claim 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, advertising, 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 sale 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.

Hlstory.-Comp. §7, ch. 25236, 1949.

588.19 Same; failure to secure purchaser or insufficient 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 him 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.

Hlotory.-Comp. §8, ch. 25236, 1949.

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

(!) 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 balance remaining, such balance shall be paid to the owner of such livestock, provided 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.

Hlstory.-Comp. §9, ch. 25236, 1949.

588.21 Same; duty of commissioners to pro­vide places for impounding of livestock and transportation of same.-The county commis· sioners 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 case such county commissioners shall pro­vide truck transportation for the impounded animals.

Hlstory.-Comp. §10, ch. 25236, 1949.

588.22 Same; duty of impounder.-The sher­iff 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.

Hlstory.-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 de­termined 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

2448

LEGAL FENCES AND LIVESTOCK AT LARGE Ch. 588

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.

Hlotor:r.-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 specia l laws or general laws of local applica­tion do not provide for lia bility of owners of livestock for damages and injuries caused by such livestock, or provide less severe penalties tha n 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.

Hlatory.-Comp. 114, ch. 25236, 1949 .

2449

Ch. 589 FLORIDA BOARD OF FORESTRY

CHAPTER 589 FLORIDA BOARD OF FORESTRY

689.01 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. 689.05 State forester, employees, clerks, etc. 589.06 Warrants for payment of accounts, ex-

penses, etc. 689.07 Board may acquire lands for forest pur-

poses. 589.08 Restrictions upon acquisition of lands. 589.09 Use of lands acquired. 589.10 Disposition of lands. 589.101 Blackwater river state forest; lease of

board's interest in gas, oil and other min­erals.

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.

589.01 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.

HlatorT.-§1, ch. 12283, 1927; CGL .U61(1); 11, ch. 20419, 1941. ct.-ch. 690, Forest protection.

Ch. 691. Forest development. § 113.07 Bonds of officials.

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 known 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."

(3) All funds, credits, property of every nature, real, personal or mixed, which may

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. 589.18 Board to make certain investigations. 589.19 Creation of certain state forests. 589.20 Cooperation by board. 589.21 Management to be for public interest. 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 1n 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.

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 acquired 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.

(5) The board may grant privileges, per­mits, leases and concessions for the use of state forest lands, timber and forest products for purposes not inconsistent with the provisions of this chapter.

(6) The board is authorized to grant ease­ments for rights of way, over, across and upon state forest lands for the construction and maintenance of poles and lines for the transmis­sion and distribution of electrical power, pipe­lines for the distribution and transportation of oils and gases and for telephone and tele­graphic purposes and for public roads, under such conditions and limitations as the board may impose.

Hlstory.-§§1-4, ch. 25324, 1949; (5), (6)n. by §1, ch. 59-168.

589.02 Headquarters and meetings of board. -The official headquarters of said board shall be in Tallahassee, 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

2450