1951

(f) A statement showing the price at which s~ch security .is proposed to be sold, together with , the maximum amount of commission or other form of remuneration to be paid in cash or otherwise, directly or indirectly, for or in connection with the sale or offering for sale of such securities.

(g) A detailed statement showing the items of cash, property, services, patents, good will and any other consideration in payment for which such securities have been or are to be issued.

(h) The amount of capital stock which is to be set aside and disposed of as promotion stock, and a statement of all stock issued from time to time as promotion stock.

(i) If the issuer is a corporation, there shall ~e filed with the application a certified copy of Its articles of incorporation with all amend­ments ~nd of its existing bylaws, if not already on file m the office of the commission or of the secretary of state of this state. If the issuer is a trustee there shall be filed with the application a copy of all instruments by which the trust is created or declared and in which it is accepted an~ acknowle?ged. If the issuer is a partner­ship or an unmcorporated association, or joint

· stock company, or any other form of organiza­tion whatsoever, there shall be filed with the applicati?n. a copy of its articles of partnership or .associati?n ~nd l;lll other papers pertaining to Its orgamzatwn, 1f not already on file in the office of the commission or of the secretary ~ state of this state.

(4) All of the statements, exhibits and docu­ments of every kind required by the commission u.nder this section, except properly certified pub­he documents, shall be verified by the oath <if the applicant or of the issuer in such manner and form as may be required by the commission.

(5) With respect to securities required to be registered by qualification under the provisions of this section, the commission may by order duly recorded fix the maximum amount of com­mission or other form of remuneration to be paid in cash or otherwise, not to exceed twenty per cent, directly or indirectly, for or in con­nection with the sale or offering for sale of such SP.curities in this state.

(6) At the time of filing the information as he.reinbefore prescribed in this section, the 'ap­plicant shall pay to the commission a fee of one­tenth of one per cent of the aggregate sales price of the securities to be sold in this state for :Vhich the applicant is seeking registration', but m no cases shall such fee be less than forty dollars or more than five hundred dollars.

(7) If upon examination of any application the commission shall find that the sale of the security referred to therein would not be fraud­ulent and would not work or tend to work a fraud upon the purchaser, and that the enterprise or business of the issuer is not based upon unsound b.usiness principles, it shall record the registra­~I?n of such security in the register of secur­Ities, and thereupon such security so registered may be sold by the issuer or by any registered dealer who has notified the commission of his

SALE OF SECURITIES §517.10

intention so to do, in the manner provided in §517.12, subject, however, to the further order of the commission.

History.-§8, ch. 14899, 1931; CGL 1936 Supp. 6002(9); §2, ch. 20960, 1941; am. §5, ch. 24066, 1947.

517.091 Registration by announcement.­(!) That securities that have been outstand­

ing and in the hands of the public for not less than one year as the result of prior original marketing by the issuer, or by ap underwriter on behalf of an issuer, shall be enfitled to registra­tion by announcement in the manner and subject to the conditions provided by this section.

(2) That securities entitled to registration by announcement can be registered only by a dealer registered in the office of the commission as provided by §517.12, Florida Statutes, by such a dealer filing in the office of the com­mission a written announcement of intention to trade in the securities, which announcement may be given by telegram· sent to the commis­sion by the dealer, containing the following:

(a) Name of issuer and location of its head­quarters or principal office;

(b) A brief description of the security; (c) A statement that the securities have

been outstanding and in the hands of the public not less than one year as aforesaid.

(3) That the filing of such announcement in the office of the commission shall constitute the registration of the security, and such dealer shall pay to the commission a filing fee of ten dollars within thirty-six hours after the time of such filing. Upon such registration, such secur­ities may be sold in this state by any registered dealer giving notice in the manner provided in §517.12, Florida Statutes, at a price or prices reasonably related to the current market price of such security at the time of sale; sub­ject however, to any and all rights and authority granted the commission and to any person or purchaser under chapter 517, Florida Statutes, in respect of securities registered in the of­fice of the commission by notification or quali­fication. No security registered under this sec­tion shall be sold directly or indirectly for the benefit of the issuer, or an underwriter of such securities, or for the promotion of any scheme or enterprise with the intent of violating or evading any provision of this chapter, and no security, the registration of which has been re­voked by the commission, shall be registered under this section; provided, that no security, the registration of which has been denied by the commission, shall be registered under this section within a period of one year after such denial.

History.- §6, ch. 24066, 1947.

5.17.10 Consent to service.-Upon any appli­catiOn for registration by notification under §517.08 made by an issuer, and upon any application for registration by qualification under §517.09, whether made by an issuer or registered dealer, where the issuer is not dom­iciled in this state, there shall be filed with such application the irrevocable written con-

§517.11 SALE OF SECURITIES

sent of the issuer that in suits, proceedings and actions growing out of · the violation of any provision of this chapter, the service on the chairman, or if he is absent from his office, on any other member of the commission, of any notice, process or pleading therein, authorized by the laws of this state, shall be as valid and binding as if due service had been made on the issuer.

Any such action shall be brought either in the county of the plaintiff's residence or in the county in which the commission has its office. The written consent shall be authen­ticated by the seal of said issuer, if it has a seal, and by the acknowledged signature of a member of the copartnership or company, or by the acknowledged signature of any of­ficer of the incorporated or unincorporated association, if it be an incorporated or unin­corporated association, duly authorized by resolution of the board of directors, trustees or managers of the corporation or association, and shall in such case be accompanied by a duly certified copy of the resolution of the · board of directors, trustees or managers of the corporation or association, authorizing the officers to execute the same. In case any pro­cess or pleadings mentioned in this chapter are served upon the commission it shall be by duplicate copies, one of which shall be filed in the office of the commission and an­other immediately forwarded by the commis- . sion by registered mail to the principal office of the issuer against which said process or pleadings are directed.

Hlstory.-§9, ch. 14899, 1931 ; CGL 1936 Supp. 6002(10).

517.11 Revocation of registration of se­curities.-The commission may revoke the reg­istration of any security by entering an order to that effect, with its findings in respect thereto, if upon examination into the affairs of the issuer of such security it shall appear that the issuer:

(1) Is insolvent; (2) Has violated any of the provisiOns of

this chapter or any order of the commission of which such issuer. has notice; or

(3) Has been or is engaged or is about to engage in fraudulent transactions;

( 4) Is in any other way dishonest or has made any fraudulent representations in any prospectus or in any circular or other litera­ture that has been distributed concerning the issuer or its securities;

( 5) Is of bad business repute; ( 6) Does not conduct its business in accord­

ance with law; (7) Has its affairs in an unsound condition; (8) Has not based the enterprise or business ·

or the security upon sound business principles. In making such examination the commission shall have access to and may compel the produc­tion of all the books and papers of such issuer, and may administer oaths to and examine the officers of such issuer or any other person con-

1952

nected therewith as to its business and .affairs and may also require a balance sheet exhibiting the assets and liabilities of any such issuer or his income statement, or both, to be cer­tified to by a public accountant either of this state or of any other state where the issuer's business is located, approved by the com­mission.

Whenever the commission may deem it necessary, it may also require such balance sheet or income statement, or both, to be made more specific in such particulars as the commission shall point out or to be brought down to the . latest. practicable date.

If any issuer shall refuse to permit an ex­amination to be made by the commission it shall be proper ground for revocation of registration.

If the commission shall deem it necessary it may enter an order suspending the right to sell securities pending any investigation, provided that the order shall state the com­mission's grounds for taking such action.

Notice of the entry of such order shall be given by mail, or personally, or by telephone confirmed in writing, or by telegraph, to the issuer and every registered dealer who shall have notified the commission of an intention to sell such security.

Before such order is made fina\, the issuer or dealer applying for registration shall on ~plication be entitled to a hearing.

Hlstory.-§10, ch. 14899, 1931; CGL 1936 Supp. 6002(11).

517.12 Registration; dealers; salesmen.­(!) No dealer or salesman shall engage in

business in this state as such dealer or salesman or sell any securities, including securities ex­empted in §517.05, except in transactions ex­empt under §517 .06, unless he has been regis­tered as a dealer or salesman in the office of the commission pursuant to the provisions of this section.

(2) An application for registration in writ­ing shall be filed in the office of the commission in such form as the commission may prescribe, duly verified by oath, which shall state the prin­cipal office of the applicant. wherever situated and the location of the principal office and all branch offices in this state, if any. the name or style of doing business, the names, residence and business addresses· of all persons interested in the business as principals, copartners, officers and directors, specifying as to each his capacity and title, the g-eneral plan and character of business and the length of time the dPaler has been engaged in business. The commission may also require such additional information as to applicant's previous history. record and associa­tion, as it may deem necessary to establish the good repute in business ·Of the applicant.

(3 ) There shall be filed with such application an irrevocable written consent to tne service of process upon the commission in actions against such dealer in manner and form as hereinabove provided in §517.10.

1953

( 4) If the commission shall find that the ap­plicant is of good repute and has complied with the provisions of this section, including the pay­ment of the fee he:r:einafter provided, he shall register such applicant as a dealer upon his filing a bond in the sum of five thousand dollars run­ning to the governor of the State of Florida con­ditioned upon the faithful compliance with the provisions of this chapter by said dealer and by all salesmen registered by him while acting for him. Such bond shall be executed as surety by a surety company· authorized to do business in this state; provided, that nothing herein con­tained shall be held or construed to repeal, alter or in any manner change the provisions of §§517.13-517.15.

(5) Upon the written application of a regis­tered dealer and general satisfactory showing as to good character and the payment of the proper fee the commission shall register as salesmen of such dealer such natural persons as the dealer may request. Such registration shall cease upon the termination of the employment of such sales­men by such dealer.

( 6) The names and addresses of all . persons approved for registration as dealers or sales­men arid all orders with respect thereto shall be recorded in a register of dealers and sales­men kept in the office of the commission which shall be open to public inspection. Every regis­tration under this section shall expire on the 31st day of December in each year, but new registrations for the succeeding year shall be issued upon written application and upon pay­ment of the fee as hereinafter provided. without filing of further statements or furnishing any further information, unless specifically required by the commission. Applications for renewals must be made not less than thirty nor more than sixty days before the first day of the ensuing year, otherwise they shall be treated as original applications. The annual registration fee shall be one hundred dollars for dealers and twenty dollars for salesmen. Each dealer shall pay fifty dollars annually for each additional or branch office in the state. Dealers and salesmen may ob­tain registration after July first at one-half the fee hereinabove stated.

('l) Changes in registration occasione<i by changes in the personnel of a partnership or in the principals, copartners, officers or directors of any dealer may be made from time to time by written application setting forth the facts with respect to such change.

(8) Every registered dealer who intends to offer any security of any issue, registered or to be registered, shall notify the commission in writing of his intentions so to do. The notice shall contain the name of the dealer and shall state the name of the security to be offered for sale, and whenever a dealer shall have prepared such notice and shall have forwarded the same by registered mail, postage prepaid and prop­erly addressed to the commission, such dealer, as to the contents of such notice and the filing thereof, shall be deemed to have complied with the requirements of this subsection. Any issuer

SALE OF SECURITIES §517.13

of a security required to be registered under the provisions of this law, selling such securities except in exempt transactions as defined by §517.06, shall be deemed a dealer within the meaning of this section and required to comply with all the provisions hereof.

Hlstory.-§11, ch. 14899, 1931; §6, ch. 17253, 1935; CGL 1936 Supp. 6002(12); §3, ch. 20960, 1941.; am. §3, ch. 21709, 1943.

517.13 Form of bond to be given by dealers. -The surety bond required of dealers in cer­tain securities under §517.12 shall be in sub­stantially the following form:

"State of Florida, County of ______________________________________ .

KNOW ALL MEN BY THESE PRESENTS, T-hat______________________________________________ of the State of ------------------------------• having a place of business in ------------------------------------ Florida, as principal, and the___________ __ ___________________ of_________________________________ and authorized to conduct and carry on a general surety business in the State of Florida, as surety, are held and firmly .bound unto ____________ _ -----·------------------------- Governor of the State of Flor­ida and his successors in office in the sum of five thousand dollars lawful money of the Unit­ed States of America for the payment, whereof well and truly to be made, subject to the terms and provisions hereinafter set forth, the said principal and the said snrety bind themselves, their successors and assigns, executors and ad­ministrators, jointly and severally, firmly by these presents.

Signed and Sealed this _________ __ day of ___ __________ _ A. D. 19 ....... .

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS the Florida securi­ties commission of the State of Florida, under the provisions of chapter 517, Florida Statutes, has registered the said ..... ____ _______ principal herein named as a dealer to sell in the State of Florida those certain securities mentioned in the appli- · cation of the said______________________________ principal herein named for registration, to-wit: _____ ________ __ _

AND WHEREAS the said dealer is authoriz­ed by said laws to appoint salesmen to repre­sent and assist said dealer in the sale of said securities,

NOW THEREFORE, if the above bounden ____ -- -------------------- · principal herein named, shall truly report to the Florida securities commis­sion the names and addresses of all salesmen so appointed and employed in the sale of said securities, and said __ __________ _ ... principal here-in named as such dealer and each and every salesman registered by said dealer shall well and truly comply with the provisions of chap­ter 517, Florida Statutes, then this obligation to be void, otherwise to remain in full force and effect.

PROVIDED HOWEVER, AND UPON THE FOLLOWING EXPRESS CONDITIONS:

Provided always that nothing herein shall be construed to make the total maximum liability hereunder of the above named principal or

§517.14 SALE OF SECURITIES

surety more . than five thousand dollars regard­less of the number of acts of omission or com­mission of the above named principal or its salesmen.

PROVIDED FURTHER, that before any per­son, firm or corporation shall have any right of action or any right whatsoever against the principal or the surety upon this bond and before any such right of action or any such right whatsoever shall exist or arise, such person, firm or corporation, within the period of one year after the termination of this bond must have given to the surety and the prin­cipal written notice of claim under this bond and it is hereby stipulated and agreed that the giving of such notice of claim under this bond within said period of one year shall be a condition precedent to any right of action or right whatsoever against the principal or the surety and the failure to give such notice as aforesaid shall render this obligation null and void and of no effect as to such persons, firm or corporation. ·

PROVIDED FURTHER, that the liability of the surety on this bond is limited to actual cases of fraud or dishonesty committed by the principal or its salesmen in the sale of said securities.

PROVIDED FURTHER, that either the prin­cipal or the surety may cancel this bond as an entirety by giving sixty days written notice to the Florida securities commission at Tallahas­see, Florida, and if canceled by the surety, copy of said notice of cancellation shall be sent by .registered mail to the principal hereunder. Said notice to the Florida securities commission shall also be sent by registered mail. In case of such cancellation by either the principal or the surety no .further obligation shall be incur­red under this bond after the expiration of said sixty days, but the liability of the principal and surety shall apply as above set out as to any acts or omissions which may have occurred prior to the effective date of such cancellation.

The period for which this bond shall remain in force and effect, unless previously canceled as hereabove provided for, shall be one year from date hereof, at the expiration of which time it shall ipso facto cease and terminate as to all future transactions only."

Which bond shall be duly executed in ac­cordance with all laws governing surety bonds executed by surety companies under the laws of Florida.

Hist ory.-§1, ch. 16174, 1933; CGL 1936 S upp . 6002 (12a).

517.14 Deposits in lieu of bond.-In lieu of bond the applicant may, if he so desires, deposit with the Florida securities commission, United States government bonds of the value of five thousand dollars, or cash in the sum of five thousand dollars or other securities satisfac­tory to the commission; provided, that the total liability under such bond or deposit shall be five thousand dollars and when the bonding company as surety on said bond shall have paid as much as five thousand dollars on its liability

1954

under said bond, the bond will be thereby t>X­hausted, and the company absolved from any further liability by reason thereof; and provid­ed, . further, that no claim or claims under such bond or deposit of United States government bonds or cash shall be enforceable unless pre­sented to the Florida securities commission within one year after the expiration of the term for which the bond was given, or deposit made, and that if no claim or claims are so pre­sented, then, after the expiration of such year, the bond shall be canceled or the United States government bonds or cash shall be returned to the party depositing same.

Hlstory.-§2, ch. 16174, 1933; CGL 1936 Supp. 6002(12b).

517.15 Bonds of dealers in federal, state etc. securities.-All dealers in securities issued by a public commission, board or officers of the government of the United States or of any · state, territory or insular possession thereof, or of any municipality located therein, or of the District of Columbia, or of the Dominion of Canada or of any province thereof, where such dealer deals solely and exclusively in the afore­said securities, may be registered as such dealer when the permit issued to him by the Florida securities commission recites and limits his dealings in securities · to the above named securities upon his filing bond executed by a duly authorized surety company in the sum of twenty-five hundred dollars, or upon his mak­ing- a deposit of securities in like amount and of the character described in §517 .14 or of cash, or upon the filing with the commission a bond with two or more good and sufficient personal sureties, which personal bond shall be approved by the clerk of the circuit court of the county where such dealer resides.

lllstory.- §3, ch. 16174, 1933 ; §9, ch. 17253, 1935; CGL 1936 Supp. 6002(12c) .

517.16 Revocation of dealers' and salesmen's ~·egistration.-Registration under §517 .12 may be refused or any registration granted may be revoked by the commission if after a reasonable notice and a hearing the commission determines that such applicant or registrant so registered:

(1) Has violated any provision of this chap­ter or any regulation made hereunder;

(2) Has made a material false statement in the application for registration;

(3) Has been guilty of a fraudulent act in connection with any sale of securities, or has been or is engaged or is about to engage in making fictitious or pretended sales or pur­chases of any of such securities or has been or is engaged or is about to engage in any prac­tice or sale of securities which is fr audulent or in violation of the law;

(4) Has made any misrepresentation or false statement to, or concealed any essential or materia l fact from any person in the sale of a security to such person;

(5) Has failed to account to persons inter­ested for all money and property received;

(6) Has not delivered after a reasonable time, to persons entitled thereto, securities held or agreed to be delivered by the dealer or

1955

broker, as and when paid, and due to be de­livered;

(7) Is selling, or offering for sale securities through any soli-citor or agent not registered in compliance with the provisions of this chapter;

(8) Has demonstrated his unworthiness to transact t:Q.e business of dealer or salesman.

In cases of charges against a salesman notice thereof shall also be given the dealer employing such salesman.

Pending the hearing the commission may or­der the suspension of such dealer's or sales­man's registration; provided, such order shall state the cause for such suspension.

Until tl'\e entry of a final order the suspen­sion of such -dealer's registration, though bind­ing upon the persons notified thereof, shall be deemed confidential, and shall not be published, unless it shall appear that the order of sus­pension has been violated after notice.

In the event the commission determines to refuse or revoke a registration they shall enter a final order with their findings on the register of dealers and salesmen; and suspension or revocation of the registration of a dealer shall also suspend or revoke the registration of all his salesmen.

It shall be sufficient cause for refusal or can­cellation of registration in case of a partner­ship or corporation or any unincorporated as­sociation, if any member of a partnership or any officer or director of the corporation or as­sociation has been guilty of any act or omission which wou1d be cause for refusing or revoking the registration of an . individual dealer or salesman. '

History.-§12, ch. 14899, 1931; §7, ch. 17253, 1935; CGL 1936 Supp. 6002(13).

517.17 Burden of proof.-It shall not be necessary to negative any of the exemptions provided in this chapter in any complaint, in­formation, iiuiictment or any other writ or pro­ceedings brought under this chapter and the burden of establishing the right to an·y exemp­tion shall be upon the party claiming the bene­fit of such exemption. Any person claiming the right to register any' securities by notifica­tion under §517.08 of this chapter shall also have the burden of establishing the right so to register such securities. . •

Hlstory.-§13, ch. 14899, 1931; CGL 1936 Supp, 6002(14).

517.18 Escrow agreement.-If the statement containing information as to securities to be registered, as provided for in §517 .09, shall disclose that any such securities or any securi­ties senior thereto shall have been or shall be intended to be issued for any patent right, copyright; trademark, process, formula or good will, or for organization or promotion fees or expenses, or for good will or going concern: value or other intangible assets, the amount and nature thereof shall be fully set forth and the commission may require that such securi­ties so issued in payment of such patent right, copyright, trademark, process, formula or good will, or for organization or promotion fees or expenses, or for other intangible assets shall be

SALE OF SECURITIES §517.19

delivered in escrow to the commission or other depository satisfactory to the commission under an escrow agreement that the owners of such securities shall not be entitled to withdraw such securities from escrow until all other stockholders who have paid for their stock in cash shall have been paid a dividend or divi­dends aggregating not less than six per cent shown to the satisfaction of said commission to have been actually earned on the investment in any common stock so held; and in case ot dissolution or insolvency during the time sucl: securities are held in 'escrow, the owners ot such securities shall not participate in the a& sets until after the owners of all other securi­ties shall have been paid in full.

History.-§14, ch. 14899, 1931; CGL 1936 Supp. 6002(15)

517.19 Injunction to restrain violations.­When it shall appear to the commission, either upon complaint or otherwise, - that in the is-' suance, sale, promotion, negotiation, advertise­ment, or distribution of any securities withilt this state, including any security exempted un­der the provisions of §517.05, and including any transaction exempted under the provisions of §517 .06, any person:

(1) Shall have employed, employs, or i~ about to employ, any device, scheme or artifice to defraud or for obtaining money or property by means of any false pretense, representation or promise;

(2) Or shall have made, makes, or attempts to ·make in this state fictitious or pretended purchases or sales of securities;

(3) Or shall have engaged in, engages in, or is about to engage in any practice or transac­tion or course of business relating to the pur­chase or sale of securities:

(a) Which is in violation of law, (b) Or which is fraudulent, (c) Or which has operated or which would

operate as a fraud upon the purchaser; any one or all of which devices, schemes, arti­fices, fictitious or pretended purchases or sales of securities, practices, transactions and courses of business are declared to be and are referred to as_ fradulent practice;

( 4) Or that any person is acting as dealer or salesman within this state without being duly registered as such dealer or salesman as provided in this chapter.

The commission may investigate, and when­ever it shall believe from evidence satisfactory to it:

(5) That any such person has engaged, is engaged or is about to engage in any of the practices -or transactions referred to as fraudu­lent practices;

( 6) Or is selling or offering for sale any securities in violation of this chapter or is act­ing as a dealer or salesman without being duly registered as provided in this chapter; the com­mission may, in addition to any other remedies, bring action in the name and on behalf of the State of Florida against such person and any other person concerned in or in any way par- •

§517.20 SALE OF SECURITIES

ticipating in or about to participate in such fraudulent practices or acting in violation of this chapter, to enjoin such person or persons from continuing such fraudulent practices or engaging therein or doing any act or acts in furtherance thereof or in violation of this chap­ter. In any such court proceedings the com­mission may apply for and on due showing be entitled to have issued the court's subpoena requiring forthwith the appearance of any de­fendant and his employees, salesmen or agents and the production of documents, books and records that may appear necessary for the hearing of such petition, to testify and give evidence concerning the acts or conduct or thi.ngs complained of in _such application for injunction. In such action the equity courts shall have jurisdiction of the subject matter and a · judgment may be entered awarding such injunction as may be proper.

History.-§15, ch. 14899, 1931; CGL 1936 Supp. 6002(16).

517.20-Hearing; appointment of examiner; witnesses.-When it is proposed to conduct an investigation, examination, or hearing under the provisions of §§517.11, 517.16 or 517.19 or any amendment to .said sections, the commis­sion, or its chairman may appoint an examiner, who shall be a discreet person without bias or prejudice in said cause, to take the proof in the matter by depositions. The examiner may ad­minister oaths, examine witnesses, rule on the admissibility of evidence, subject to review by the court or commission, give notices of the time and place of hearings, and adjourn the same from time to time and place to place, re­port the testimony so taken in writing to the commission, and certify to all of his acts. The examiner shall give all parties a reasonable op­portunity to present all pertinent and relevant testimony and to cross-examine all adverse wit­nesses; but may refuse, subject to review by the court or commission, to hear cumulative, irrelevant, incompetent or immaterial testimony unless the party offering it shall pay the ex­pense incurred thereby in advance. Evidence of witnesses outside of the state may be taken by interrogatories in the manner prescribed by the regulations of the commission. The com­mission may define the rules of evidence ap­plicable to such hearings, examinations and investigations consistent with due process cf law, and a fair and impartial determination of the facts. The reasonableness of such rules shall be subject to review by the court.

Subpoenas for witnesses, whose evidence is deemed material to any investigation, examin­ation or hearing, authorized by this chapter, may be issued by the commission or its chair­man and under the seal of the commission, or by any circuit clerk, county judge, or clerk of the county court or county judge's court,. or examiner appoi~ed · hereunder, commandmg such witnesses to be or appear before the com­mission, the examiner, or any authorized repre­sentative of the commission, at a time and place to be therein named, and to bring such books,

· records and documents as may be specified, or

1956

to submit such books, records and documents to inspection; and such subpoenas may be serv­ed by the examiner, or authorized representa­tive of the commission, or by any sheriff or deputy.

Where any witness who has been served with a subpoena fails or refuses to be or appear at the time and place named, or fails or refuses to answer any lawful questions propounded, or produce the books, records or documents re­quired, or is guilty of disorderly or contumaci­ous conduct at the hearing, the facts shall be made known to a circuit judge of the county who shall forthwith issue an attachment for such witness, and cause him to be brought be­fore the judge. Upon appearance, if the wit­ness shall fail to purge himself of such failure, refusal or conduct, the judge shall proceed fur­ther as in cases of contempt of court; and said witness shall pay the costs of said attachment.

Witnesses shall be entitled to the same fees and mileage as they may be entitled by law for attending as witnesses in the circuit court, ex­cept where such examination, investigation, or hearing, is held at the place of business or residence of the witness, but no witness shall be required to attend a hearing outside of the county wherein he resides, or may for the time be domiciled, without his consent, unless it be shown to a county or circuit judge that such person is attempting to avoid appearing as a witness.

The fees of witnesses and officers shall be paid by the commission upon presentation of vouchers approved by the examiner or repre­sentative; and compensation of the examiner shall be paid by the commission.

In hearings to revoke the license of any dealer or salesman under the provisions of §517.16, a copy of the charges against such dealer or salesman shall be served upon him by registered United States mail. The charges shall designate a time, not less than ten days from the date on which said copy of the charges is mailed as aforesaid, upon which date the dealer or salesman may file written answer thereto. When issues of fact are thus made up, or when said dealer or salesman fails to file· such answer, the commission or its chair­man may appoint an examiner, as provided in this section, to take the proof in the matter by depositions and to report same to the commis­sion for determination.

When testimony and evidence are taken be­fore an examiner pursuant to the provisions of this section, the examiner shall at the earliest possible time report such testimony and evi­dence to the commission and the commission may thereupon proceed to determine the matter involved without further hearing, unless it elects to hear the matter further.

Hlstory.-§3, ch. 19190, 1939; CGL 1936 Supp. 6002(16a).

517.21 Remedies available in case of unlaw­ful sale.___:(l) Every sale made in violation of any of. the provisions of this chapter shall be voidable at the election of the purchaser; and

1957

the person making such sale and every director, officer or agent of or for the seller, if the director, officer or agent shall have personally participated or aided in any way in making the sale, shall be jointly and severally liable to the purchaser in an action at law in any court of competent jurisdiction upon tender of the securities sold or of the contract made, for the full amount paid by such purchaser, with in­terest, together with all taxable court costs a~d reasonable attorney's fees; provided, that no action shall be brought for the recovery of the purchase price after two years from the date of such sale and provided further, that no purchaser otherwise entitled shall claim or have the benefit of this section who shall have re,fused or failed within thirty days from the date thereof to accept an offer in writing of the seller to take back the security in question and to refund the full amount paid by such pur­chaser, together with interest on such amount for the period from the date of payment by such purchaser down to the date of repay­ment, such interest to be computed:

(a) In case such securities consist of in­terest bearing obligations at the same rate as provided in such obligations; and

(b) In case such securities consist of other than interest bearing obligations at the rate of six per cent per annum; less, in every case, the amount of any income from said securities that may have been received by such purchaser.

(2) Any person having a right of action against a dealer or salesman under this section shall have a right of action under the bond pro­vided in §517 .12.

(3) A registration by notification made in good faith and after the commission, on appli­cation. shall have given tentative consent to such registration, shall not, as to sales made prior to revocation of such registration, result in the liabilities prescribed in this section, al­though the securities may not be entitled to such registration.

Hlstory.-§16, ch. 14899, 1931; CGL 1936 Supp. 6002(17).

517.22 Statutory or common law remedies. -Nothing in this chapter shall limit any statutory or common law right of any person to bring any action in any court for any act in­volved in the sale of securities, or the right of the state to punish any person for any violation of any law.

History.-§18, ch. 14899, 1931; CGL 1936 Supp. 6002(18).

517.23 Civil remedies of purchasers.-The same civil remedies provided by laws of the United States now or hereafter in force, for the purchasers of securities under any such laws, in interstate commerce, shall extend also to purchasers of securities under this chapter.

Hlstory.-§5, ch. 16174, 1933; CGL 1936 Supp. 6002(26).

517.24 Appeal from final order of commis­sion.-An appeal may be taken by any person interested from any final order of the commis­sion to the circuit court for Leon county, Flor­ida, in chancery, by serving upon the commis­sion within twenty days after notice of the en-

SALE OF SECURITIES §517.26

try of such order a written notice of appeal stating the grounds upon which a reversal of the final order is sought; a demand in writing for a certified transcript of the record and of all papers on file in their office affecting or relating to such order; and by executing a bond in the penal sum of one thousand dollars (sub­ject to being increased by order of said court) to the governor of the State of Florida with sufficient surety, to be approved by the com­mission or the court, conditioned upon the faithful prosecution of such appeal to final judgment, and the payment of all such costs as shall be adjudged against the appellant.

Thereupon the commission shall within thirty days make, certify and file with the clerk of the court a transcript, or in lieu thereof the original papers if the court shall so order; and the appellant shall within five days there­after file the same and a copy of the notice of appeal with the clerk of the court, which said notice of appeal shall stand as appellant's com­plaint, and thereupon said cause shall be enter­ed on the trial calendar of said court for trial de novo and may be given precedence by the court over other matters pending in said court. The court shall receive and consider evidence whether oral or documentary, concerning the order of the commission from which the appeal is taken.

If the order of the commission shall be re­versed the court shall by its mandate specific­ally direct the commission as to its further action in the matter, including the making and entering of any order or orders in connection therewith, and the conditions, limitations or restrictions to be therein contained; provided, that the commission shall not be barred from thereafter revoking or altering such order for any proper cause which may thereafter accrue or be discovered. If the order shall be affirmed, appellant shall not be barred after thirty dayR from filing a new application; provided such application is not otherwise barred or limited. The appeal shall not in anywise suspend the operation of the order appealed from during the pendency of such appeal unless upon proper order of the court. An appeal may be taken from the judgment of the court on any such appeal on the same terms and conditions as an appeal is taken in civil actions.

Hlstory.-§19, ch. 14899, 1931; CGL 1936 Supp. 6002(19). cf.-Ch. 67, Appellate proceedings In chancery.

517.25 Jurisdiction of courts.-When not in conflict with the constitution or laws of the United States, the courts of this state have the same jurisdiction over civil suits instituted in connection with the sale or offer of sale of securities under any laws of the United States as they may have under similar cases instituted under the laws of the State of Florida.

Hlstory.-§6, ch. 16174, 1933; CGL 1936 Supp. 6002(27).

517.26 Insurers or agents not subject to this chapter.-Nothing in this chapter shall be con­strued to make the soliciting, writing, or issuing of contracts of insurance, surety or indemnity.

~517.27 SALE OF SECURITIES

by insurers or agents duly qualified and licen­sed under the laws of Florida, subject thereto.

History.-§5, ch. 17253, 1935 ; CGL 1936 Supp. 6002(22a) .

517.27 Uniformity of interpretation.-This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

History.-§21, ch. 14899, 1931; CGL 1936 Supp. 6002(21).

517.28 Rules and regulations with respect to interstate commerce.-The securities com­mission may make any reasonable rules and regulations which it may deem necessary to cooperate effectively with the federal trade commission, or any other agency of the United States government which may have supervision or control over the sale of securities in inter­state commerce under any .law of the United States and may apply to intrastate.. sales or offerings such federal laws and regulations applicable to such sales or offerings in inter­state commerce, as the commission may deem necessary for the proper conduct of such intra-

•

1958

state sales or offerings, and not in conflict with the laws of this state.

History.-§4, ch. 16174, 1933; CGL 1936 Supp. 6002(25) · am. §7, ch. 22858, 1945. '

517.29 Securities approved under prior law. -All securities which have been approved un­der any statutes prior to July first, 1931, shall be legally salable, unless otherwise ordered by the commission under this chapter.

Hlstory.-§23, ch. 14899, 1931; CGL 1936 Supp. 6002(22).

517.30 Penalty for violation of chapteR­Whoever violates any of the provisions of this chapter shall be guilty of a felony and upon conviction thereof shall be punished by a fine of not more than five thousand dollars, or by imprisonment in the state penitentiary for not more than five years. The statute of limita­tions for prosecution of offenses committed under this chapter shall be five years.

Hlstory.-§17, ch. 14899, 1931; §8, ch. 17253, 1935; CGL 1936 Supp. 7976 (1).

Am. § 1, ch. 26970, 1951. cf.-§775.06, Alternative punishment.

§817.34, False entries by company offering stock or securities for sale .

1959 INVESTMENT OF FIDUCIARY FUNDS §518.01

CHAPTER 518

INVESTMENT OF FIDUCIARY FUNDS

518.01 Legal investments. 518.02 Investments under prior laws not affected. 518.03 Directions of instrument creating trust to

control discretion in making investments. 518.04 Acquisition and retention of certain securi­

ties and other property. 518.05 Investment in shares of federal savings and

loan association, etc.

518.01 Legal investrnents.-Subject to the conditions herein contained, and except as otherwise authorized by law, executors, ad­ministrators, trustees and guardians holding funds to be invested may invest such funds only in the following:

( 1) UNITED STATE S GOVERNMENT OBLIGATIONS.-In bonds or other obliga­tions either bearing interest or sold on a dis­count basis, of the United States, or the Unit· ed States treasury or those for the payment of the principal and interest of which the faith and credit of the United States is pledged, in­cluding such bonds or obligations of the Dis­trict of Columbia.

(2) B 0 N D S AND OBLIGATIONS OF STATES AND TERRITORIE::;.-In bonds or other interest-bearing obligations of any state of the United States, or of the territory of Hawaii or the territory of Puerto Rico; pro­vided such state or territory has not, within ten years previous to the date of making such investment, defaulted for more than ninety days in the payment of any p3:rt of the principal or interest of any of 1ts bonded indebtedness.

(3 ) BONDS, AND OTHER OBLIGATIONS OF POLITICAL SUBDIVISIONS WITHIN THE STATE OF FLORIDA.-In bonds _or other interest-bearing obligations of a~y ~n­corporated county, ci.ty, . town, school. d~stnct or road and bridge d1stnct located w1thm the State of Florida and which has according to the federal census next preceding the date of making the investment, a population of not less than two thousand inhabitants and for which the full faith and credit of such politi­cal subdivision has been pledged; provided, that such political subdivision or its succes­sor through merger, consolidation, or. other­wise, has not within five years .preVIOUS to the making of such investment, defaulted for more than six months in the payment of any part of the principal or · interest of its bonded indebtedness.

( 4) B 0 N D S AND OBLIGATIONS OF POLITICAL SUBDIVISIONS LOCATED OUT­SIDE THE STATE OF FLORIDA.-In bonds or other interest-bearing obligations of any incorporated county, city or town located out­side of the State of Florida, but within another state of the United States, which county, City or town has, according. to the federal ~e~sus next preceding the date of making tht~ ' mvest­ment a population of not less. than forty thousand inhabitants and the mdebtedness of which does not exceed Reven per cent.

518.06 Investment of fiduciary funds in loans insured by federal housing administrator.

518.07 Investment of fiduciary funds in bonds, etc., issued by federal housing administrator.

518.08 Applicability of laws requiring security, etc. 518.09 Housing bonds legal investments and se­

curity.

of the last preceding valuation of property for the purposes "of taxation; provided, that the full faith and credit of such political subdivision shall have been pledged for the payment of the principal and interest of such bonds or obligations, and provided further, that such political subdivision or its successor, through merger, consolidation or otherwise, has not within fifteen years previous to the making of such investment, defaulted for more than ninety days in the payment of any part of the principal or interest of its bonded indebtedness.

(5) BONDS OR OBLIGATIONS OF FED­ERAL LAND BANKS.-In the bonds or other interest-bearing obligations of any federal land bank organized under any act of congress en­acted prior to June 14, 1937; provided such bank is not in default in the payment of prin­cipal or interest on any of its obligations at the time of making the investment.

(6) BONDS OF RAILROAD COMPANIES. -Bonds bearing a fixed rate of interest se­cured by first mortgage, general mortgage, re­funding mortgage or consolidated mortgage which is a lien on real estate, rights or inter­est therein, leaseholds, right-of-way, trackage or other fixed assets; provided, that such bonds have been issued or assumed by a qualified railroad company or guaranteed as to princi­pal and interest by indorsement by a quali­fied railroad company or guaranteed as to principal and interest by indorsement, which guaranty has been assumed by a qualified rail­road company.

In bonds secured by first mortgage upon terminal, depot or tunnel property, including buildings and appurtenances used in the ser­vice or transportation by one or more quali­fied railroad companies; provided that such bonds have been issued or assumed by a quali­fied railroad company or guaranteed as to principal and interest by indorsement by a qualified railroad company, or guaranteed as to principal and interest by indorsement, which guaranty has been assumed by a qualified rail­road company.

As used in this subsection, the words "qualified railroad company" means a railroad corporation other than a str-eet railroad corporation which, at the date of the investment by the fiduciary, meets the following requirements:

(a) It shall be a railroad corporation . corporated under the laws of the United StaL'·" or of any state or commonwealth thereof •·«" of the District of Columbia.

§518.01 INVESTMENT OF FIDUCIARY FUNDS 1960

(b) It shall own and operate within the United States not less than five hundred miles of standard gauge railroad lines, exclusive of sidings.

(c) Its railroad operating revenues derived from the operation of all railroad lines operat­ed by it, including leased lines and lines owned or leased by a subsidiary corporation, all of the voting stock of which, except directors' qualifying shares, is owned by it, for its fiscal year next preceding the date of the investment, shall have been not less than ten million dollars.

(d) At no time during its fiscal year in which the investment is made, and its five fiscal years immediately prior thereto, shall it have been in default in the payment of any part of the principal or interest owing by it upon any part of its funded indebtedness.

(e) In at least four of its five fiscal years im­mediately preceding the date of investment, its net income available for fixed charges shall have been at least equal to its fixed charges, and in its fiscal year immediately preceding the date of investment, its net income available for fixed charges shall have been not less than one and one-quarter times its fixed charges.

As used in this subsection, the words "in­come available for fixed charges" mean the amount obtained by deducting from gross in­come all items deductible in ascertaining the net income other than contingent income in­terest and those constituting fixed charges as used in the accounting reports of common car­riers as prescribed by the accounting regula­tions of the interstate commerce commission.

As used in this subsection, the words "fixed charges" mean rent for leased roads, miscellane­ous rents, funded debt interest and amortization of discount on funded debt.

(7) BOND OF GAS, WATER OR ELEC­TRIC COMP ANIES.-In bonds issued by, or guaranteed as to principal and interest by, or assumed by, any gas, water or electric com­pany, subject to the following conditions:

(a) Gas, water or electric companies by which such bonds are issued, guaranteed or assumed, shall be incorporated under the laws of the United States or any state or common­wealth thereof or of the District of Columbia.

(b) The company shall be an operating com­pany transacting the business of supplying water, electrical energy, artificial gas or natur­al gas for light, heat, power and other pur­poses, and provided that at least seventy-five per cent of its gross operating revenue shall be derived from such business and not more than fifteen per cent of its gross operating revenues shall be derived from any other one kind of business.

(c) The company shall be · subject to regu­lation by a public service commission, a public utility commission or any other similar regu­latory body duly established by the laws of the United ·States or any state or common­wealth or of the District of Columbia in which ~uch company operates.

(d) The company shall have all the fran­chises necessary to operate in the territory in which at least seventy-five per cent of its gross revenues are obtained, which franchises shall either be indeterminate permits of, or agree­ments with, or subject to the jurisdiction of a public service commission or other duly consti­tuted regulatory body, or shall extend at least five years beyond the maturity of the bonds.

(e) The company shall have been in exist­ence for a period of not less than eight fiscal years, and at no time within the period of eight · fiscal years immediately preceding the date of such investment shall such company have fail­ed to pay punctually and regularly the matured principal and interest of all its indebtedness direct, assumed or guaranteed, but the period of life of the company, together with the period of life ,of any predecessor company, or com­pany from which a major portion of its prop­erty was acquired by consolidation, merger or purchase, shall be co.usidered together in de­termining such required period.

(f) For a period of five fiscal years immed­iately preceding the date of the investment net earnings shall have averaged per year not less than two times the average annual interest charges on its entire funded debt, applicable to that period and for the last fiscal year pre­ceding the date of investment, such net earn­ings shall have been not less than two times such interest charges for that year.

(g) The bonds of any such company must be part of an issue of not less than one million dollars and must be mortgage bonds secured by a first or refunding mortgage upon property owned a~d operated by the company issuing or assummg them or must be underlying mort­gage bonds secured by property owned and operated by the companies issuing or assum­ing them. The aggregate principal amount of bonds secured by such first or refunding mort­gage, plus the principal amount of all the underlying out;;tanding bonds, shall not ex­ceed sixty per cent of the value of the physi­cal property owned, which shall be book value less such reserves for depreciation or retire­ment, as the company may have established and subject to the lien of such mortgage 0 ;

mortgages securing the total mortgage debt. If such mortgage is a refunding mortgage it must provide for the retirement on or bef~re the date of maturity of all bonds secured by prior liens on the property.

As ~sed in this subsection, the words "gross operatmg revenues and expenses" mean re­spectively, the total amount earned from' the operation uf, and the total expenses of main­taining and operating, all property owned and operated by, or leased and operated by such companies, as determined by the system 'of ac­counts prescribed by the public service com­mission or other similar regulatory body hav­ing jurisdiction.

As used in this subsection, the words "net earn!ngs" me3;n the balance obtained by de­ductmg from Its gross operating revenues its operating and maintenance expenses. t~xes

1961 INVESTMENT OF FIDUCIARY FUNDS §518.01

(other than federal and state income taxes), rentals, and provisions for depreciation, re­newals and retirements of the physical assets of the company, and by adding to such balance its income from securities and miscellaneous sources, but not, however, exceeding fifteen per cent of such balance.

(8) B 0 N D S OF TELEPHONE COM­p ANIES.-In bonds issued by, or guaranteed as to principal and interest by, or assumed by, any telephone company, subject · to the following conditions:

(a) The telephone company by which such bonds are issued shall be incorporated under the Jaws of the United States or of any state or commonwealth thereof or of the District of Columbia, and shall be engaged in the busi­ness of supplying telephone service in the United States and shall be subject to regula­tions by the federal communications commis­sion, a public service commission, a public utility commission or any similar regulatory body, duly established by the laws of the United States or of any state or commonwealth or of the District of Columbia in which such company operates.

(b) The company by which such bonds are issued, guaranteed or assumed shall have been in existence for a period of not less than eight fiscal years, and at no time, within the period of eight fi~cal years immediately preceding the date of such investment, shall such company have failed to pay punctually and regularly the matured principal and interest of all its in­debtedness, direct, assumed or guaranteed, but the period of life of the company, together with the period of life of any predecessor company, or company from which a major portion of its property was acquired by consolidation, merg­er, or purchase, shall be considered together in determining sttch required period. The com­pany shall file with the federal communica­tions commission, or a public service commis­sion or similar regulatory body having juris­diction over it, and make public in each year a statement and a report giving the income account covering the previous fiscal year, and a balance sheet showing in reasonable detail the assets and liabilities at the end of the year.

(c) For a period of five fiscal years immed­iately preceding the investment, the net earn­ing-s of such telephone company shall have averaged per year not less than twice the average annual interest charges on its out­standing obligations applicable to that period, and for the last fiscal year preceding such in­vestment, such net earnings shall have been not less than twice such interest charges for that year .

(d) The bonds must be part of an issue of not less than five million dollars and must be mortgage bonds secured by a first or refund­ing mortgage upon property owned and operat­ed by the company issuing or assuming them, or must be underlying mortgage bonds simi­larly secured. As of the close of the fiscal year preceding the date of the investment by the fiduciary, the aggregate principal amount

of bonds secured by such first or refunding mortgage, plus the principal amount of all the underlying outstanding bonds, shall not exceed sixty per cent of the value of the real estate and tangible personal property owned absolute­ly, which value shall be book value less such reserves for depreciation or retirement as the company may have established, and subject to the lien of such mortgage, or mortgages securing the total mortgage debt. If such mortgage is a refunding mortgage, it must provide for the retirement, on or before the date of their maturity, of all bonds secured by prior liens on the property.

As used in this subsection, the words "gross opera.ting revenues and expenses" mean, re­spectively, the total amount earned from the operation of, and the total expenses of main­taining and operating all property owned and operated by, or leased and operated by, such company as determined by the system of ac­counts prescribed by the federal communica­tions commission, or any other similar federal or state regulatory body having jurisdiction in the matter.

As used in this subsectiQn, the words "net earnings" mean the balance obtained by de­ducting from the telephone company's gross operating revenues its operating and mainte­nance expenses, provision for depreciation of the physical assets of the company, taxes (other than federal and state income taxes) rentals, and miscellaneous charges, and by adding to such balance its income from securi­ties and miscellaneous sources but not, how­ever, to exceed fifteen per cent of such balance.

(9) FIRST MORTGAGES. - In mortgages signed by one or more individuals or corpora­tions, subject to the following conditions:

(a) If the taking of the mortgages as an investment for any particular trust, estate or guardianship will not result in more than forty per cent of the then value of the prin­cipal of such trust, estate or guardianship being invested in mortgages.

(b) Within thirty days preceding the tak­ing of a mortgage as an investment the prop­erty encumbered or to be encumbered thereby shall be appraised by two or more reputable persons especially familiar with real estate values. The fair market value of the prop­erty as disclosed by the appraisal of such per­sons shall be set forth in a writing dated and signed by them and in such writing they shall certify that their valuation of the property was made after an inspection of the same, in­cluding all buildings and other improvements.

(c) The mortgage shall encumber improved real estate located in the State of Florida and in or within five miles of the corporate limits of a city or town having a population of two thousand or more, according b the federal census next preceding the date of making any such investment.

(d) The mortgage shall be or become, through the recordation of documents simul­taneously filed for record, a first lien . upon

/

§518.02 INVESTMENT OF FIDUCIARY FUNDS 1962

the property described therein prior to all other liens, except taxes previously levied or assessed but not due and payable at the time the mortgage is taken as an investment.

(e) The mortgage shall secure no indebt­edness other than that owing to the executor, administrator, trustee, or guardian taking the same as an investment.

(f) The amount of the indebtedness se­cured by the mortgage shall not exceed sixty per c,ent of the fair market value (as deter­mined in accordance with the provisions of paragraph (b) of this subsection) of the prop­erty encumbered or to be encumbered by said mortgage.

(g) If the amount of the indebtedness se­cured by the mortgage is in excess of fifty per cent of the fair market value (as deter­mined in accordance with the provisions of paragraph (b) of this subsection) of the prop­erty encumbered or to be encumbered by said mortgage, then the mortgage shall require principal payments, at annual or more fre­quent intervals, sufficient to reduce by or be­fore the expiration of three years from the date the mortgage is taken as an investment, the unpaid princiJ'al balance secured thereby to an amount not in excess of fifty per cent of the fair market value of said property, as de­termined in accordance with the provisions of paragraph (b) of this subsection.

(h) The mortgage shall contain a covenant of the mortgagor to keep insured at all times the improvements on the real estate encum­bered by said mortgage, with loss payable to the mortgagee, against loss and damage by fire, in an amount not less than the unpaid principal secured by said mortgage.

Ei) Provided, however, that the :J;oregoing limitations and requirements shall not apply to notes or bonds secured by mortgage or trust deed insured by the federal housing adminis­trator, and that notes or bonds secured by mortgage or trust deed insured by the federal housing administrator, are declared to be elig­ible for investment under the provisions of this chapter.

(10) LIFE INSURANCE.-Annuity or en­dowment contracts with any life insurance company which is qualified to do business in the State of Florida under the laws thereof.

(11) USE OF PUBLISHED STATEMENTS. -In determining the qualification of invest­ments under the requirements of this section, published statements of corporations or state­ments of reliable companies engaged in the business of furnishing statistical information on bonds, may be used.

History.-§1, ch. 17949, 1937; CGL 1940 Supp. 7100(9). cf.-§665.43, Investment of municipal funds in federal sav-

. !ngs and loa n a ·ssociatlons, etc. §665.44, Political subdivisions authorized to invest In

share accounts o f federal savings and loan asso­ciations, etc.

§665.45, Investment of funds of insurance companies in federal savings and loan associations, etc.

§665.46, Investment of funds of banks in federal sav­ings and loan associations , etc.

§744.10, Investment of the money of infants by guard­ians.

518.02 Investments under prior laws not affected.-Nothing contained in this chapter shall affect any investment made prior to June 14, 1937, or affect any rights or interest estab­lished, accrued or created thereunder or affect any suit or action pending on June 14, 1937.

History.-§2, ch. 17949, . 1937; CGL 1940 Sup. 7100(10).

· 518.03 Directions of instrument creating trust to control discretion in making invest­ments.-Nothing contained herein shall be con­strued as to prevent any fiduciary from making investments and reinvestments in such securi­ties and in such manner as. may be prescribed or authorized by the will or other instrument by which such fiduciary relationship is created. Where such will or instrument authorizes in­vestn;tents in th~ discretion of the fiduciary, the fiduciary may, m the exercise of such discre­tion in good .faith, invest the funds held in any manner, or m property other than prescribed in this chapter.

Hlstory.-§3, ch. 17949, 1937; CGL 1940 Supp. 7100 (11) . .

518.04 Acquisition and retention of certain securities and other property.-

(1) Securities and other property received by a trustee from the creator of the trust from his estate, or received by a guardian taking over the ward's estate, or received by a guardian by reason of gift to or inheritance by the ward and which are not, at the time of acquisitio~ by the trustees or guardian, in conformity with the law of the State of Florida governing in­' 'estments by truste.es or guardians, may, nevertheless, be retamed by such trustee or guardian without liability for any loss or de­preciation therein so long as such retention is in the exercise of reasonable care on the part of such trustee or guardian.

(2) Securities, and other property which at the time they were acquired or invested i~ by an executor, administrator, trustee or guard­ian, were in conformity with tht- law of the State of Florida governing inv~stments by such fiduciaries and which later ceased to be in conformity with such law of the State of Flori­da, may, nevertheless, be retained by such executor, administrator, trustee or guardian without liability for any loss or depreciatio~ therein, so long as such retention is in the exercise of reasonable care on the part of such fiduciary.

(3 ) N~thing contained in this chapter shall be mterpreted as prohibiting a trustee guardian or other fiduciary from taking ove; (other than .bY p~rchas.e) from any source whatsoever (mcludmg property taken in ex­change in connection with reorganizations and other financial readjustments of corporations) p~op~rty of any kind, including securities · not w1thm any of the classes specified in §518.01: but a trustee, guardian or other fiduciary mav t:;~e over such property and may, without lia­biht;y for any loss or depreciation therein. cont.mue. to. hold the same so long as such n~­tenbon IS m the exercise of reasonable care on th:e part of ~aid trustee, guardian or other fiduciary; provided, however, that in case a

1963 INVESTMENT OF FIDUCIARY FUNDS §518.09

trustee, guardian or other fiduciary is acting under authority of an instrument, the terms and provisions of such instrument shall be controlling as to the power and duty of such trustee, guardian or other fiduciary.

Hlstory,-§4, ch. 17949, 1937; CGL 1940 Supp. 7100(:12) .

518.05 Investment in shares of federal sav­ings and loan associations, etc.-Any guard­ian, trustee, whether individual or corporate, administrator, executor or other fiduciary authorized to invest any fund or ·funds of their respective wards, cestuis que trustent or other beneficiaries may invest said funds in savings share or investment share accounts of any fed­eral savings and loan association chartered under the laws of the United States of Ameri­ca, and doing business in the State of Florida, and in the shares of any Florida building and loan association, which is a member of the federal home loan bank system.

Hi8&ory.-§§1, 2, 3, ch. 19109, 1939; CGL 1940 Supp. 7100 (13a.).

518.06 Investment of fiduciary funds in loans insured by federal housing administra­tor.-Banks, savings banks, trust companies, building and loan associations, insurance com­panies, trustees, guardians, executors, adminis­trators, and other fiduciaries may:

(1) Make such loans and advances of credit, and purchases of obligations representing loans and advances of credit, as are insured by the federal housing administrator, and obtain such insurance;

(2) Make such loans secured by real prop­erty or leasehold as the federal housing admin­istrator insures or makes a commitment to in­sure, and obtain such insurance.

Hlstory.-§1, ch. 17130, 1935; CGL 1936 Supp. 7100(1); §1, ch. 17980, 1937.

518.07 Investment of fiduciary funds in bonds etc. issued by federal housing adminis· trator.-Banks, savings banks, trust com­panies, building and loan associations, insur­ance companies, trustees, guardians, executors, administrators and other fiduciaries, the State of Florida, and its political subdivisions, all institutions and agencies thereof (with the approval of the officials or boards having ~uper­visions or management of same) may mvest their funds and moneys in their custody or possession, eligible for investment, in notes or bonds secured by mortgage or trust deed in­sured by the federal housing administrator, and in debentures issued by the federal hous­ing administrator, and in securities issued by national mortgage associations.

Such notes, bonds, debentures and securi­ties made eligible for investment may be used wherever by statute of this state, collateral is requir~d as security for the deposit of pub-

lie or· other funds; or deposits are required to be made with any public official or depart­ments, or an investment of capital or surplus, or a reserve or other fund, is required to be maintained consisting of designated securities.

Hiatory.-§2, ch. 17130, 1935; CGL 1936 Supp. 7100(2); §2, ch. 17980, 1937.

518.08 Applicability of laws requiring se­curity, etc.-No law of this state requiring se­curity upon which loans or investments may be made, or prescribing the nature, amount or form of such security, or prescribing or limit­ing interest rates upon loans or investments, or limiting investments of capital or deposits, or prescribing or limiting the period for which loans or investments may be made, shall be deemed to apply to loans or investments made pursuant to §§518.06-518.07.

Hlstory.-§3, ch. 17130, 1935; CGL 1936 Supp. 7100(3),

518.09 Housing bonds legal investments and security.-The state and all public officers, municipal corporations, political subdivisions, and public bodies, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings · and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associa­tions and other persons carrying on an in­surance business, and all executors, adminis­trators, guardians, trustees and other fidu­ciaries may legally invest any sinking funds, moneys or other funds belonging to them or within their control in any bonds or other obligations issued by a housing authority pur­suant to the housing authorities law of this state (chapter 421), or issued by any public housing authority or agency in the United States, when such bonds or other obligations are secured by a pledge of annual contribu­tions to be paid by the United States govern­ment or any agency thereof, and such bonds and other obligations shall be authorized se­curity for all public deposits; it being the pur­pose of this section to authorize any person, associations, political subdivisions, bodies and officers, public or private, to use any funds owned or controlled by them, including (but not limited to) sinking, insurance, investment, retirement, compensation, pension and trust funds, and funds held on deposit, for the pur­chase of any bonds or other obligations; pro­vided, however, that nothing contained in this section shall be construed as relieving any per­son from any duty of exercising reasonable care in selecting securities.

Hlstory.-§§1-3, ch. 19512, 1939; CGL 1940 Supp. 7106-(3nn).

§519.01 DISCOUNT CONSUMER FINANCING 1964

CHAPTER 519

DISCOUNT CONSUMER FINANCING

619.01 519.02 519.03

519.04 519.05 519.06 519.07

519.08 519.09 519.10

Definitions. Declarative of legislative intent. Scope; certain transactions deemed loans;

insurance exception. Exemptions. Evasions. Penalty for violation of §519.03. Application, fee, investigation, issuance of

certificate, etc. Maximum charges. Provision against manipulation. Loan contracts; requirements, length of

loan; advertising.

519.01 Definitions.-As used in this chap­ter:

(1 ) The word "person" shall include indi­viduals, partnerships, associations, trusts, cor­porations, and any other legal entities;

(2) The words "certificate of authority" shall mean a certificate of authority issued under the regulations of this chapter, to make loans in accordance with the provisions of this chapter at a single place of business;

(3) The word "registrant" shall mean a person to whom one or more certificates of authority have been issued; and

(4) The word "comptroller" shall mean the comptroller of the State of Florida.

History.-Comp. §1, ch. 25343, 1949.

519.02 Declaration of legislative intent.­It is the intent of the legislature in enacting this law to create the business of discount consumer credit financing with respect to the business of making certain loans, and to bring under effective supervision those engaged in the business of discount and installment loans, to establish a system of regulation for the purpose of insuring honest and efficient finance service, to fix reasonable charges for borrowers, to permit a fair return, and to provide the administration necessary for effective enforce­ment.

History.-Comp. §2, ch. 25343, 1949.

519.03 Scope; certain transactions deemed loans; insurance exception.-No person shall engage in the business of making loans which provide an amount of proceeds of three hun­dred dollars or less, exclusixe of interest and initial charges included in the amount of the loan obligation, and contract for, exact, or receive, directly or indirectly, or in connection with any such loan, any charges, whether for interest, compensation, consideration, or ex­penses, which in the aggregate are greater than the lender would be permitted by law to charge if he were not a registrant here­under, except as provided in and authorized by this chapter and without first having ob­tained a certificate of authority from the comp­troller. The payment of three hundred dollars or less in money, credit, goods, or things in action as consideration for any sale or assign­ment of, or order for, the payment of wages, salary, commissions, or other compensation for

519.11 519.12

519.13 519.14 519.15

519.16

519.17 519.18 519.19

Wage assignments. Comptroller to administer and enforce;

books; records; reports; investigations, etc. Surrender of certificate of authority. Judicial review. Comptroller may appoint personnel to ad­

minister chapter. Record .of fees and charges collected; dis­

position of moneys; consumer finance administration fund created.

Loans made elsewhere. Chapter to be cumulative. Short title.

services, wh~ther earned or- to be earned, shall for the purpose of regulation under this chap­ter be deemed a loan of money secured by such sale, assignment or order. However, the regis­trant may require reasonable insurance against loss on tangible personal property offered as security for a loan, if obtained at standard rates through a duly licensed insurance agent of this state and the cost of such insurance or any part thereof shall not be deemed a charge or amount prohibited by this chapter nor deemed to be a charge subject to the pro­visions of §519.06 of this chapter.

History.-§3, ch. 25343, 1949 ; §10, ch. 26484, 1951.

519.04 Exemptions.-This chapter shall not apply to any person, partnership, association or corporation doing business under and as permitted by any law of this state or of the United States relating to banks, trust com­panies, building and loan associations or li­censed pawnbrokers, or to any licensed small loan lender, or to any loan or investment com­pany, a substantial part of the business of which consists of receiving funds not subject to check and evidenced by installment or fully paid certificates of indebtedness or investment, and making loans and· discount.

History.-Comp. §4, ch. 25343, 1949.

519.05 Evasions.-The provisions of this chapter shall apply to any person who seeks to evade its application by any device, subter-fuge, or pretense whatsoever. ·

History.-Comp. §5, ch. 25343, 1949.

519.06 Penalty for violation of §519.03.­Any person, and the several members, . officers, directors, agents, and employees thereof, who shall violate or participate in the violation of any provisions of §519.03 of this chapter shall be guilty of a misdemeanor, and upon convic­tion thereof shall be punished by a fine of not less than one hundred dollars and not more than one thousand dollars or by imprison­ment of not more than six months, or by both such fine and imprisonment in the discretion of the court. Any contract of loan in the mak­ing or collection of which any act shall have been done which violates §519.03 of this chap­ter shall be void and the lender shall have no right to collect, receive, or retain any principal, interest or charges whatsoever.

Hlstory.-Comp. §6, ch. 25343, 1949.

1965

519.07 Application, fee, investigation; issu­ance of certificate, etc.-

(1) The application for a certificate of au­thority shall be in writing, under oath, and in the form prescribed by the comptroller. At the time of making such application, the appli­cant shall pay to the comptroller the sum of fifty dollars as a fee for investigation of the application, and the ·sum of one hundred dollars for a certificate of authority for the period ending on the last day of the current calendar year. A municipality or county may impose and collect an annual license fee not in excess of this amount.

(2) Upon filing of such application and the payment of such feel>, the comptroller shall promptly investigate the facts concerning the application and the requirements provided for in subsection (3) of this section. The comp­troller shall grant or deny each application for a certificate of authority within thirty days from the filing of such application, the required information and fees unless the period is ex­tended with the written consent of the appli­cant.

(3) If the comptroller shall find that the financial responsibility, character and general fitness of the applicant are such as to com­mand the confidence of the public and to war­rant belief that if the application is granted the business will be operated lawfully, honestly and fairly, within the purposes of this chapter, the comptroller shall thereupon enter an order granting such application, and forthwith issue and deliver a certificate of authority to the applicant. Such character and fitness shall be maintained during the period the certificate is in effect. If the comptroller shall not so find, he shall enter an order denying such applica­tion and forthwith serve notice on the appli­cant of the denial, with a copy of the findings and summary of evidence, and the comptroller shall return the certificate of ·authority fee but retain the investigation fee.

( 4) Each certificate of authority shall re­main in full force and effect until surrendered, revoked, or suspended as hereinafter provided. Every registrant shall, on or before the tenth day of each December, pay to the comptroller the sum of one hundred dollars for each certifi­cate of authority held by it, as a certificate of authority annual tax for the succeeding calendar year. Each .certificate shall state the location of the business and such business shall not be moved to any other location without the consent of the comptroller.

(5) Not more than one place of business shall be maintained under the same certificate, but the comptroller shall issue additional cer­tificates of authority to the same registrant upon compliance with all the provisions of this chapter governing issuance of a single certifi­cate of authority. Nothing in this chapter shall prevent the making of loans by mail at or from the place of business of a registrant.

(6) Before any certificate of authority shall be issued by the comptroller under this chapter

DISCOUNT CONSUMER FINANCING §519.08

the person to whom it is to be issued shall make or post with the comptroller a bond payable to the governor of the State of Florida in the sum of one thousand dollars with sufficient sureties to be approved by him and with the conditions that such person will perform, . abide by and not violate any of the provisions of this chapter or any of the rules and regulations made or issued by the comptroller hereunder.

History.-Comp. §7, ch. 25343, 1949.

519.08 Maximum charges.-Every registrant hereunder, notwithstanding anything contained in the usury law, may, if agreed upon in writ­ing, contract for, collect or receive on loan obligations in which the proceeds, exclusive of interest and the initial charges, is in the amount of three hundred dollars or less, if repayable in substantially equal monthly or other periodic installments, charges not iir excess of the fol­lowing:

(1) An initial charge in an amount not ex­ceeding ten dollars per one hundred dollars of the amount of the loan obligation, repayable over a period of one year, and proportionately at that rate for a greater or lesser sum or for a longer or shorter period, which charge may be computed on the amount of the loan obliga­tion from date thereof until date of maturity of the final installment notwithstanding any agreement to pay the loan obligation in install­ments, may be charged and collected at the time the loan is made, and two dollars of each ten dollars of such charge shall constitute, in whole or in part, reimbursement of expenses incurred and compensation for services ren­dered in connection with the making of the loan and the remainder of the initial charge shall be interest; provided, however, that when the balance of any loan is repaid before ma­turity, whether by payment in cash, renewal, or otherwise, the unearned part of the interest for the period following the next scheduled payment date, shall be returned or credited to the borrower. The amount of the refund shall represent at least as great a proportion of the total interest as the sum of the peri­odical time balances after the date of prepay­ment bears to the sum of all the periodical time balances under the schedule of payments in the original contract, provided, further, how­ever, if the loan is repaid within ninety days from the date of making, then such refund shall be computed on the full amount of the initial charges.

(2) A monthly service charge, to cover ser­vices rendered and expenses incurred in con­nection with the loan transaction, may be con­tracted for and collected until the loan is fully paid for each ;month and the fraction of a month at the end of the loan, provided such charge shall not be in excess of twenty cents for each full twenty-five dollars of the original loan obligation and not in excess of two dollars and forty cents per month. Such service charge shall not be collected at the time the loan is made. A monthly service charge may be col­lected with each payment provided the total

§519.09 DISCOUNT CONSUMER FINANCING

number of such service charges is not in ex­cess of that permitted hereunder, with proper ~djustment on final payment.

(3) In addition to the charges and fees herein provided for, no further or other amount whatsoever shall be directly or indirectly charged, contracted for, or received, except that a registrant hereunder may, if agreed to in writing, contract for, impose and collect a delinquent charge of five cents per dollar for each full dollar of an installment which is delinquent for five or more days, which charge may be imposed only once on each de­linquent installment. However, such restric­tion shall not apply to the actual fees paid a public official or agency of a state for filing, recording or releasing any instrument secur­ing the loan, or actual and reasonable attorney fees as determined- by the court in which suit is filed and court costs incurred in the collec­tion of any contract in default, or to the actual and reasonable expenses of repossession, stor­ing, and selling of any property pledged as security on any contract in default. If any amount in excess of the charge permitted by this act is charged, contracted for, or received, except as the result of an accidental or bona fide error, the contract of loan shall be void, and the registrant shall have no right to col­lect or receive any principal, charges, or recom­pense whatsoever.

Hlstor;y.-Comp. §8, ch. 25343, 1949.

519.09 Provision against manipulation.­The comptroller shall have authority to issue a rule, regulation, specific ruling, cease and desist order, suspension, or revocation order to stop any registrant who abuses or proposes to abuse or manipulate the schedule of charges herein permitted contrary to the constructive purposes and standards set forth in this chap­ter.

Hlstor;y.-Comp. §9, ch. 25343, 1949.

519.10 Loan contracts; requirements, length of loan; advertising.-

(!) Every registrant shall: (a) At the time any loan is made, deliver to the borrower, or if there are two or more borrowers to one of them, a statement in the English language, disclosing the amount and date of the loan contract or note and a schedule of the install­ments or description thereof, or a copy of the note in lieu of such statement; (b) for each cash payment made on account - of any such loan, issue to the person making it at the time the payment is made a plain receipt; (c) per­mit payment to be made in advance in any amount on any contract of loan at any time, but the registrant may apply such payment first to all accrued charges in full at the agreed rate or schedule up to the date of such pay­ment; (d) upon repayment of the loan in full, mark plainly every obligation and security signed by an obligor with the word "paid" or "canceled," and within a period of thirty days, restore any pledge, return any note and any assignment and where a mortgage has been

1966

recorded, deliver to the borrower or agent a written release thereof.

(2) No person subject to this chapter shall enter into any loan contract under which the final installment is due more than twenty-one months from the date of the loan contract. Nothing herein shall prevent a loan being con­sidered a new loan because the proceeds of the loan are used to pay an existing contract.

(3) No person subject to this chapter shall advertise, display, distribute, or broadcast or cause or permit to be advertised, displayed, distributed or broadcast, in any manner what­soever, any false, misleading or deceptive state­ment concerning the business authorized under this chapter.

.Histor;y.-Comp. §10, ch. 2~343, 1949.

519.11 Wage assignments.-(!) No assignment of or order for the pay­

ment of any salary, wages, commissions or other compensation for services, earned or to be earned, given to secure any such loans shall be valid unless the amount of such loan is paid to the borrower simultaneously with its execu­tion; nor shall any such assignment or order, or any chattel mortgage Qr other lien on house­hold furniture the·n in the possession and use of the borrower be valid unless it be in writing, signed in person by the borrower;. or, if the borrower is married, unless it be signed in person by both husband and wife; provided that written assent of a spouse shall not be required when husband or wife have been living separate and apart for a period of at least five months prior to such assignment, order, mortgage or lien.

(2) Under any such assignment or order for the payment of future salary, wages, com­missions or other compensation for services, given as security for a loan made under this chapter, a sum equal to ten per centum of the borrower's salary, wages, commissions or other compensation for services shall be collectible from the employer of the borrower by the registrant at the time of each payment of salary, wages, commissions or other compen­sation for services from the time that a copy of such assignment verified by the oath of the registrant or his agent, together with a simi­larly verified statement of the amount unpaid upon such loan, is served upon the employer. ' Hlstor;y.-Comp. §11, ch. 25343, 1949.

519.12 Comptroller to administer and en­force; books; records; reports; investigations, etc.- ·

(1) Each registrant shall keep and use in his business such books, accounts and records in accordance with sound and accepted ac­counting practices to enable the comptroller to determine whether such registrant is com­plying with the provisions of this chapter. Each registrant shall preserve such books, ac­counts, and records for at least two years after the making of the final entry on any loan recorded therein. "'

(2) Each re~istrant shall file annually dur-

19t7

ing April of each year a report under oath with the comptroller setting forth such rele­vant information as he reasonably may require -concerning the business and operations during the preceding calendar year for each registered place of business conducted by such registrant within the state. Among other things, such report shall identify the registrant and regis­tered place o! business and set forth a list of all assets used and useful in conducting the business, both tangible and intangible, the gross income and expenses including all taxes for the year, 'the earnings for the year and the rate thereof in relation to all assets. The income and expenses may be reconciled to the surplus account. The report shall also set forth the number and dollar size of loans made during the year and outstanding at the be­ginning and end of the year; it shall require a summary of delinquency and seizure of chat­tels in use by the borrower and court actions shall be given. Such report shall be in the form prescribed by the comptroller who shall make and publish annually an analysis and recapitulation of such reports for the entire state.

(3) At least once each year, but no oftener than is reasonably necessary in order to verify reasonably founded suspicions of violations, the comptroller or his duly authorized repre­sentatives shall make an examination of the place of business · of each registrant and of the loans, transactions, books, papers and rec­ords of such registrant so far as they pertain to the business licensed under this chapter. The actual cost of the examination, not to ex­ceed fifty dollars shall be paid to the comp­troller, and the comptroller shall maintain an action for the recovery of such costs in any court of competent jurisdiction.

( 4) For the purpose of discovering viola­tions of this chapter or of securing informa­tion lawfully required hereunder, the comp­troller or his duly authorized representative may at any time investigate the business and examine the books, accounts, papers and rec­ords used therein, of (a) any registrant, (b) any other person engaged in the business de­scribed in §519.03 of this chapter or partici­pating in such business as principal, agent, broker or otherwise, and (c) any person whom the comptroller has reasonable cause to be­lieve is violating or is about to violate any provision of this chapter, whether or not such person shall claim to be within the authority or beyond the scope of this chapter. For pur­poses of this section, any person, except those expressly exempted from the provisions of this chapter, who shall advertise for, solicit, or hold himself out as willing to make loan transac­tions in the amount or of the value of five hundred dollars or less, exclusive of interest and initial charges taken at the time the loan is made, shall be presumed to be engaged in the business described in §519.03.

(5) Whenever the comptroller has reason­able cause to believe that any person is vio-

DISCOUNT CONSUMER FINANCING §519.14

lating or is threatening to or intends to violate any provisions of this chapter, he may in addi­tion to all actions provided for in this chapter and without prejudice thereto, after ten days written notice, enter an order requiring such person to· desist or to refrain from such viola­tion; and an action may be brought on the relation of the attorney general and the ·Comp­troller to enjoin such person from engaging in or continuing such violation or from doing any act or acts in furtherance thereof. In any such action, an order or judgment may be en­tered awarding such preliminary or final in­junction as may be deemed proper. In addition to all other means provided by law for the enforcement of a restraining order or injunc­tion, the court in which such action is brought shall have power and jurisdiction to impound, and to appoint a receiver for the property and business of the defendant, including books, papers, documents, and records pertaining thereto or so much thereof as the court may deem reasonably necessary to prevent violations of this chapter through or by means of the use of said property and business. Such re­ceiver, when appointed and qualified, shall have such powers and duties as to custody, collec­tion, administration, winding up, and liquida­tion of such property and business as shall from time to time be conferred upon him by the court.

(6) The comptroller shall have authority to make written regulations and orders not inconsistent with this chapter and each shall be within the standards expressed elsewhere in this chapter and each shall be referenced to the section or subsection of the chapter under which it is issued for the administration and enforcement thereof.

(7) The comptroller may, upon ten days written notice to the registrant stating the contemplated action and the specific grounds therefor, and upon reasonable opportunity to be heard, revoke or suspend any certificate of authority issued hereunder if he finds that: (a) the registrant has failed to pay the an­nual license tax; or that (b) the registrant, either knowingly or without the exercise of due care to prevent the same, has violated any provision of this chapter or any regulation or order lawfully made pursuant to and within the authority of this chapter.

History.-§ 12, ch. 25343, 1949 ; § 10, ch. 26484, 1951.

519.13 Surrender of certificate of author­ity.-Any registrant may surrender any s1o1ch certificate of authority by delivering it to the comptroller with" written notice of its surren­der, but such surrender shall not affect his civil or criminal liabilities for acts committed prior thereto, nor his right to collect upon any obligation lawfully created prior to such sur­render.

Hlotory.-Comp. §13, ch. 25343, 1949.

519.14 Judicial review.-In addition to any other remedy he may have, any registrant or any person considering himself aggrieved by

§519.15 DISCOUNT CONSUMER FINANCING

any act or order of the comptroller hereunder may, within thirty days from entry of the order complained of, or within sixty days of the act complained of, if there is no order, take an appeal to the circuit court of the county in which his business is located, by serving upon the comptroller a written notice of such appeal and a demand in writing for a certified transcript of all the papers and records on file in his office affecting or relating to such order or act complained of, and the payment of the cost thereof at the rate allowed for transcripts of record in the circuit courts of this state. The court shall hear the appeal de novo as in equity and without a jury, and shall render judgment and apportion costs in such manner as may be equitable. The deci­sion of the comptroller shall remain in full force until revised by final judgment of the court, unless the operation of said order shall be suspended pending said appeal upon proper order of the court. On such appeal, the record, transcript, evidence and findings and order of the comptroller shall be admissible as evidence, and the burden of proof upon a review of the findings of the comptroller shall be upon the party taking the appeal. An appeal may be taken by either party from the order or decree of the circuit court to the supreme court of Florida as in other appeals in chancery.

History.-§14, ch. 25343, 1949; §10, ch. 26484, 1951.

519.15 Comptroller may appoint personnel to administer chapter.-For the purpose of ad­ministering and enforcing this chapter the comptroller may appoint a director of consumer finance and such examiners, statisticians, clerks and other employees as may be necessary. The comptroller may delegate to said director and other employees any of the powers, authority and jurisdiction conferred by this chapter on said comptroller, except those provided for in subsection (7) of §519.12.

Hlstory.-Comp. §15, ch. 25343, 1949.

1968

519.16 Record of fees and charges collected; disposition of moneys; consumer finance ad­ministration fund created.-The comptroller shall keep a record of all fees, charges and costs collected by him under this chapter and at the end of each month shall pay the same into the state treasury, and the state treasury and the state treasurer shall credit the same to a fund which is hereby created and which shall be known as "the consumer finance ad­ministration fund." Said "consumer finance ad­ministration fund" is hereby made available to the comptroller for the purpose of adminis­tering and enforcing the provisions of this chapter.

Hlstory.-Comp. §16, ch. 25343, 1949.

519.17 Loans made elsewhere.-No loan made outside this state in the amount or value of three hundred dollars or less for which a greater rate of interest, consideration or charges than is permitted by §519.08 has been charged, contracted for, or received, shall be enforce<l in this state, and every person in anywise participating therein in this state shall be subject to the provisions of this chapter, provided that the foregoing shall not apply to loans legally made in any state.

Hlstory.-Comp. §17, ch. 25343, 1949.

519.18 Chapter to be cumulative.-This chapter shall be deemed cumulative and in addition to any other statutes now or hereafter in effect relating to the subject matter hereof, but shall not apply to any person, firm or cor­poration receiving, accepting, discounting, sell­ing, assigning or otherwise dealing in retain title contracts involving the financing of motor vehicles.

History.-Comp. §19, ch. 25343, 1949.

519.19 Short title.-This chapter shall be known and may be known and cited as the Florida consumer finance law.

Hlstory.-Comp. §20, ch. 25343, 1949.

1969 EXHIBITION OF MOTION PICTURES §521.04.

CHAPTER 521

EXHIBITION OF MOTION PICTURES

521.01 National board of review. 521.02 Motion picture films must be approved.

521.01 National board of review.-The gov­ernor of the State of Florida may appoint three competent persons, from the State of Florida, to be members of the national board of review.

History.-§1, ch. 8523, 1921; CGL 3584.

521.02 Motion picture films must be approv­ed.-It is unlawful for any person to display, exhibit, or promulgate in the State of Florida any motion picture film that has not been ap­proved by the national board of review, its appointees or successors, or by the state cen­sorship ·board of the State of New York.

History.-§2, ch. 8523, 1921; CGL 3585. cf.-§1.0113) "Person" defined.

521.03 Exceptions. 521.04 Penalty for violation of chapter.

521.03 Exceptions.-This chapter shall not apply to any film used by schools, churches, fraternal organizations or chambers of com­merce, or films for scientific or educational purposes.

Hlstory,-§3, ell. 8523, 1921; CGL 3586.

521.04 Penalty for violation of chapter.­Any person violating the provisions of this chapter, ·either directly or indirectly, shall be deemed guilty of a misdemeanor and upon con­viction thereof shall be punished by a fine of not more than five hundred dollars, or by im­prisonment in the county jail for not more than six months.

History.-§4, ch. 8523, 1921; CGL 7719. ct.-§775.06, Alternative punishment.

§522.01 COMMISSION MERCHANTS 1970'

CHAPTER 522 COMMISSION MERCHANTS

522.01 Fruit or produce brokers to make return account sales.

522.02 "Produce or fruit broker" defined. 522.03 Liability of broker for loss by reason of

delayed account sales; measure of dam­ages.

522.04 Liability of broker in case of failure to return account sales.

522.01 Fruit or produce brokers to make re­turn of account sales.-Any person doing in this state the business of fruit or produce broker or commission merchant, receiving pine­apples in car lots or less, grown in this state for shipment or consignment, shall make return of all account sales showing the cost and ex­_penses charged against the returns, together with the name and address of the purchaser, within ten days of the sale.

History.-§1, ch. 6235, 1911; RGS 4938; CGL 7025. ct.-§522.05, Penalty tor failure of commission merchant to

make returns. §1.01 (3), "Person" defined.

522.02 "Produce or fruit broker'' defined.­Any person maintaining an office or soliciting personally or by agent such business in this state shall be presumed to be doing business in this state.

Hhtory.-§2, ch. 6235, 1911; RGS 4939; CGL 7026.

522.03-Liability of broker for loss by reason of delayed account sales; measure of damages. -Any person doing the business of fruit or produce broker or commission merchant, re­ceiving pineapples in car lots or less, grown in this state for shipment or consignment, and who has not returned an account sales showing the cost and expenses charged against the re­turns, also the name and address of the pur­chaser, within ten days of the sale, shall be liable in damages for any los8 by reason of delayed account sales. The loss a shipper or consignor may sustain on cars of pineapples consigned to the said person over what he could have obtained in other markets or by other agencies shall be considered a proximate damage from the delayed account sales. The measure of damages shall be the difference between the prevailing price in the general market at time of receipt by consignee and the price received for such cars or less, of pine­apples consigned to said broker or commission merchant between the time the account sales were due and the time received.

History.-§4, ch. 6235, 1911; RGS 4940; CGL 7027.

522.04 Liability of broker in case of failure to return account sales.-In any suit for ac­counting against any person, doing the business of fruit or produce broker or commission mer­chant receiving pineapples in car lots or less, grown in this state _for shipment or consign­ment, and who has not returned an account sales showing the cost and expenses charged against the returns, with the name and address of the purchaser, within ten days of the sale,

522.05

522.06

522.07

Penalty for failure of coriunission merchant. to make returns.

Produce commission merchant to furnish ' shipper duplicate sales account; shipper to have access to certain records; proviso.

Violation of regulations as to sale of pro­duce on commissions.

such person shall be held accountable to the shipper or consignee of said car lots, or less, of fruit for the full market price at the time of the receipt by such person of the said ship­ment or consignment.

Hlstory.-§5, ch. 6235, 1911; RGS 4941; CGL 7028.

522.05 Penalty for failure of commission merchant to make returns.-Any person, or agent or servant of such person failing to com­ply with the provisions of §522.01 shall be fined not to exceed five hundred dollars.

Hlstory.-§3, ch. 6235, 1911; RGS 5666; CGL 7869.

522.06 Produce commission merchant to fur­nish shipper duplicate sales account; shipper to have access to certain records; provlso.­All persons engaged in the business of selling any produce or other article on commission in this state, shall, if the produce or other thing of value be shipped to them by any person from any place in the State of Florida, when the same is sold by them, issue in duplicate a sales account which shall prescribe the kind, quan­tity, quality and price received for the produce or article sold, and with check shall cause same to be delivered by mail, or otherwise, within seven days of such sale, to the party furnishing the produce or article for sale, and should such sale be unsatisfactory to the party furnishing said produce or article for sale, then at his request the commission house shall furnish to him, within five days, the name 0r names, and residences of the purchaser of said produce or article; he shall also have access to the original sales papers and books showing the name and address of the purchaser of the produce or article, to the commission house selling said

· produce or article, and every reasonable assis­tance extended to him to his satisfaction in the matter; provided, that the provisions of this section shall not apply to any consignment, or part thereof, sold at retail or in less quantity than original packages, nor to produce consign­ed to retail merchants, nor to lumber or naval stores.

Hlstory.-§§1, 2, ch. 6921, 1915; RGS 4942; CGL 7029.

522.07 Violation of regulations as to sale of produce on commissions.-Any person violating any of the provisions of §522.06 sha.U . be guilty of a misdemeanor, and, upon conviction, shall be punished by a fine not exceeding five hun­dred dollars, or sentenced to the county jail for a period of not longer than six months.

Hlstory.-§2, ch. 6921, 1915; RGS 6667; CGL 7870. ct.-§776.06, Alternative punishment.

1971 NAVAL STORES §523.03

CHAPTER 523

NAVAL STORES

~23.01 Definitions. 523.02 Label required; contents. .623.03 Adulterated products; penalty for improper

label, etc. .523.04 Adulterated products; penalty for improper

shipping, sale, etc. .523.05 Adulterated products; penalty for improper

receiving, sale, etc. .523.06 Adulterated products; penalty for improper

advertising, etc. 523.07 Adulteration of rosin, wood rosin; etc. 523.08 Naval stores inspectors; prerequisites to ap-

pointment. 523.09 Supervising inspector;. powers and duties. 523.10 Inspectors; powers and duties. 523.11 Bond of inspectors and supervisor.

523.01 Definitions.-When used in this chap­ter:

(1) "Naval stores" means spirits of turpen­tine and rosin.

(2) "Spirits of turpentine" includes gum .spirits of turpentine and wood turpentine.

(3) "Gum spirits of turpentine" means spirits of turpentine made from gum (oleoresin) from a living pine tree.

(4) "Wood turpentine" includes steam di­stilled wood turpentine, destructively distilled wood turpentine and sulphate wood turpentine.

(5) "Steam distilled wood turpentine" means wood turpentine distilled with steam from the oleoresin within or extracted from the wood.

(6) "Destructively distilled wood turpentine" means wood turpentine obtained in the destruc­tive distillation of the wood.

(7) "Sulphate wood turpentine" means wood turpentine obtained from the condensates that .are recovered in the sulphate process of cooking ·wood pulp.

(8) "Adulterated spirits of turpentine" means the substance that is produced by mixing with or adding to spirits of turpentine any foreign substance which affects its weight, specific gravity, or purity.

(9) "Adulterated gum spirits of turpentine" means gum spirits of turpentine that has been adulterated or mixed in any proportion with any other foreign substance or adulterants what­ever, or with wood turpentine.

(10) "Adulterated wood turpentine" means wood turpentine that has been adulterated or mixed in any proportion with any other foreign substance or adulterants whatever.

(11) "Rosin" includes gum rosin and wood rosin.

(12) "Gum rosin" means rosin remaining after the distillation of gum spirits of turpentine.

(13) "Wood rosin" means rosin remaining after the distillation of steam distilled wood turpentine.

(14) "Barrel" means any container of naval stores and includes package, drum, tank, tank car or other receptacle.

(15) "Person" includes partnerships, associ­ations and corporations as well as individuals.

Hlator,-.-§1, ch. 20985, 1941,

523.12 Inspectors ; recommendations for appoint­ment required.

523.13 Supervisor; inspection fees and compensa-tion.

523.14 Adulterated products; forfeiture; procedure . 523.15 Inspectors; duty to attend at port on notice. 523.16 Unlicensed persons not to make inspections . 523.17 Inspectors to conform to U.S. standards. 523.18 Inspectors; inspection fees and compensa-

tion. 523.19 Penalty for removing or changing inspection

marks. 523.20 Penalty for illegal or false markings by in­

spector. 523.21 Inspectors; right to enter premises for in­

spection. 523.22 Disposition of fees.

523.02 Label required; contents.-Every per­son who shall hereafter produce or manufacture for sale or shipment, or for other than his own use or consumption, any spirits of turpentine or rosin in the State of Florida, shall plainly and conspicuously mark or write on the out­side of the barrel containing the same the true nature of the contents of such barrel, in such manner as to indicate whether the same contains gum spirits of turpentine, wood turpentine, adulterated gum spirits of turpentine, adulter­ated wood turpentine, gum rosin or wood rosin, as defined by the provisions of this chapter. It shall be unlawful for any person to manufacture or produce any gum spirits of turpentine, or wood turpentine, whether pure or adulterated, or any gum rosin or wood rosin for sale, con­signment or shipment, or to sell, ship, consign or in any manner dispose of the same, without plainly marking or writing in the manner afor.e· said, upon the outside of the barrel containing the same, the words "gum spirits of turpentine," or "wood turpentine," or "adulterated gull' spirits of turpentine," or "adulterated wood tur pentine," or "gum rosin," or "wood rosin," ae the case may be; and any person who shall violate the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than one thou­sand dollars or be imprisoned in the county jail for not more than one year, or both, in the discretion of the court, for each offense.

History .-§2, ch. 20935, 1941.

523.03 Adultered products; penalty for im­proper label, etc.-Any person who shall know­ingly aid or assist in manufacture or sale, con­signment or shipment, of adulterated gum spirits of turpentine or adulterated wood turpentine, which shall be placed or contained in a barrel not marked in the manner provided by law to indicate the character of its contents, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished, by a fine of not more than one thousand dollars or by · imprisonment in the county jail for not more than six months, or both, in the discretion of the court.

Hlstory.-§3, ch. 20935, 1941.

§523.04 NAVAL STORES

523.04 Adulterated products; penalty for im­proper shipping, sale, etc.-It shall be unlawful for any person knowingly to ship, consign, sell, or offer for sale as gum spirits of turpentine, any wood turpentine or adulterated gum spirits of turpentine, or to ship, consign, sell or offer for sale, as wood turpentine, any adulterated wood turpentine, or to ship, consign, sell or offer for sale as gum rosin any wood rosin; and any person who sha-ll violate the provisions of this section shall be guilty of a misdemeanor and shall upon conviction thereof be fined not more than one thousand dollars or imprisoned for not more than one year, or both, in the discretion of the court.

Hlotory.-§4, ch. 20935, 1941. .

523.05 Adulterated products; penalty for im­proper receiving, sale, etc.-Any person who shall knowingly purchase or receive, or offer for sale, or sell, any gum spirits of turpentine or wood turpentine, or gum rosin or wood rosin, which has not been marked, branded or stamped in accordance with the provisions of this chap­ter, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than one thousand dollars or imprisoned not more than six months in the county jail, or both, in the discretion of the court.

History .-§5, ch. 20935, 1941.

523.06 Adulterated products; penalty for im­proper advertising, etc. - Every person here­after advertising or procuring to be advertised, in this state, any quantity of spirits of turpen­tine for sale shall plainly specify in such adver­tisement, in letters of equal size and prominence with the word "turpentine" which of the kinds of turpentine therein enumerated, i.e., whether gum spirits of turpentine or wood turpentine, is so advertised; and any person who shall violate the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than one thousand dol­lars or be imprisoned in the county jail for not .more than one year, or both, in the discretion of the court, for each offense.

Hlotory.-§6, ch. 20935, 1941.

523.07 Adulteration of rosin, wood rosin; etc.-It shall be unlawful for any person to pack with rosin any foreign substance, or to pack with gum rosin any wood rosin, and it shall be un­lawful for any person to knowingly sell or offer for sale any rosin containing any other sub­stance than pure rosin, or to pack rosin in such manner that the sample withdrawn from the package in the usual manner, will fail to dis­close the true grade and condition of the con­tents of the package. Ap.yone violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars or im­prisoned in the county jail not more than three months, or both, in the discretion of the court.

Hiotory.-§7, ch. 20935, 1941.

523.08 Naval stores inspectors: prerequisites to appointment.-The governor may appoint a supervising inspector of naval stores, one or

1972

more inspectors of naval stores at large, and may appoint in each port in this state to which naval stores are, or may be consigned for sale or shipment, a sufficient number · of competent inspectors for the business at such port. The supervising inspector, inspector of naval stores at large and inspectors of naval stores, shall be subject to removal by the governor at any time for cause; and he shall have power at any time to fill vacancies in said offices. A person in order to be eligible to appointment to any of said offices must be a citizen of the State of Florida, must be skilled in the inspection of and familiar with the grades of naval stores, and competent to detect adulterations thereof. No­person shall be appointed an inspector, inspec­tor at large or supervising inspector of naval stores who, at the time of his appointment, is a producer or factor, or buyer of, or dealer in naval stores, or employed by or connected in business with any producer, factor, buyer or dealer; and it shall be unlawful and a cause for removal from office for any inspector, in­spector at large or supervising inspector of naval stores, during his term of office, to be­come a producer, factor, buyer of or dealer in naval stores, or to be employed by or con­nected in business with any such producer, factor, buyer or dealer.

Hiotory.-§8, ch. 20935, 1941.

523.09 Supervising inspector; powers and duties.- The supervising inspector of naval stores of the State of Florida shall have general supervision and direction of all inspectors of naval stores appointed under the provisions of this chapter, including the inspectors of naval stores at large, and it shall be his duty to see that they fairly and honestly perform all the duties imp'osed upon them and in the manner prescribed by this chapter, or otherwise pro­vided by law, and to report to the governor any delinquencies or irregularity of any such in­spector, and shall have power to suspend any inspector for falsely grading or branding spirits of turpentine or rosin, and for failure or neglect to perform the duties imposed on him by the provisions of this chapter, and to investigate complaints made by producers or others, or the conduct of any such inspector in the discharge by him of the duties of his office. The super­vising inspector of naval stores shall also have supervision of all naval stores plants, yards, warehouses and other places where naval stores are kept or stored, and it shall be his duty to see that no adulteration of naval stores is per­mitted in this state, and to collect evidence of any adulteration which may come to his knowl­edge or be reported to him whenever the same may occur in this state; and to prosecute, or cause to be prosecuted, all persons violating the laws of this state in regard to the ·inspection, marking, branding or adulteration of naval stores. Said supervising inspector shall also perform such other duties as may be conferred upon him by law, but he shall not perform the duties of an inspector except when necessary to determine the correctness of any inspection

1973

made by an inspector. The supervising inspec­tor of naval stores shall visit every yard where naval stores are stored for sale in the state at least twice each year, and shall thoroughly in­spect said yards and examine the books and records of the local inspectors.

Hlstory.-§8, ch. 20935, 19.41.

523.10 Inspectors; powers and duties.-The inspectors of naval stores shall have power to make inspections of naval stores at the re­.spective ports for which they are appointed, but the inspector of naval stores at large shall have the power to make inspections at any point in the state. The compensation of the inspector of naval stores at large shall be the same for the like service as that hereinafter provided for inspectors of naval stores at ports. The super­visor of naval stores inspectors shall have his office in the port of this state receiving the largest amount of naval stores for sale or ship­ment.

Hlstory.-§8, ch. 20935, 1941.

523.11 Bond of inspector and supervisor.­( !) The supervising inspector of naval storel;l

shall give bond in the sum of two thousand dol­lars with a surety company qualified to do busi­ness in the State of Florida as surety, condi­tioned for the faithful discharge of all the duties of his office, and the said bond, before being accepted, shall be approved by the comptroller of the state and filed in the office of the secre­tary of state. •

(2) Before any inspector of naval stores at large or any inspector of naval stores shall be commissioned, he shall qualify and give bond to the State of Florida in the sum of two thou­sand dollars, with a surety company qualified to do business in this state as surety, condi­tioned on the faithful discharge by him of the duties of his office, which bond shall be ap­proved in like manner as is provided by general law for the approval of bonds of county officers.

History.- §9, ch. 20935, 1941.

523.12 Inspectors; recommendations for ap­pointment required.-N o person shall be ap­pointed an inspector of naval stores or inspector of naval stores at large under this chapter who has not been recommended to the governor in writing for the appointment by the supervising inspector of naval stores and at least two naval stores dealers doing business in this state.

Hlstory.- §10, ch. 20935, 1941.

523.13 Supervisor; inspection fees and com­pensation.-The supervising inspector of naval stores shall· receive as compensation for his services one-half cent for each drum or barrel of rosin of approximately five hundred pounds each, and for each fifty gallons of spirits of turpentine which may be inspected by inspectors appointed under the laws of this state, upon notice given as provided in §523.15, and liability for said fee shall be divided equally between the buyer and seller of such naval stores. In case of naval stores shipped in packages or re­ceptacles other than barrels, his compensation shall be reckoned upon a basis of barrels or frac-

NAVAL STORES §523.14

tions thereof in the same manner as is provided for the payment of fees of inspectors under like conditions. The supervising inspector of naval stores shall have the right to recover from any person or corporation liable therefor the fees allowed him under this chapter in an action of assumpsit, or any other appropriate proceed­ings in any of the courts of . this state having jurisdiction thereof.

History.-§11, ch. 20935, 1941.

523.14 Adulterated products; forfeiture; procedure.-Any person who shall knowingly have in his possession, custody or control any spirits of turpentine for sale, consignment or shipment which shall be in any manner adulter­ated, or any gum rosin or wood rosin that is not marked on the outside of the barrel with the words and in the manner required by this chapter, shall forfeit the same to the State of Florida. Upon sworn information thereof from any person, it shall be the duty of the state attorney for the circuit in which such property subject to forfeiture under this section may be found, to proceed forthwith to have the same forfeited and sold in the following manner: He shall file with the circuit court in the jurisdic­tion in which said property is found an in­formation in the name of the State of Florida, setting forth the property whereof forfeiture is claimed, the owner thereof, or the person in whose possession the same is found, and the grounds for forfeiture; upon the filing of such information a summons ad res'pondendum and a writ of attachment, returnable to the .rule day not less than ten days from the issuance thereof, shall be thereupon issued without bond or affi­davit; such summons and writ of attachment shall be served in the manner provided for services of summons ad respondendum and writs of attachment in civil actions at law; the said writ of attachment shall be levied upon the property which it is sought to forfeit. There­after the case shall proceed in the same manner as a civil action at law. In case of attachment, and in the event the property shall be adjudged to be forfeited, the same shall be sold as is provided in the case of sales under execution. Any person claiming to own the property at­tached, or his agent or attorney, may in such proceeding intervene and defend the said pro­ceedings as in case of attachment. All such pro­ceedings shall be governed in other respects by the rules of pleading and practice applicable to suits at law in cases of attachment. The pro­ceeds arising from said sales shall be paid into the registry of the court, to be paid by the clerk under the order of the court as follows, to-wit: One-half to the informant, to be paid upon the certificate of the state attorney that the person claiming the same is entitled thereto as the informer, upon whose information said action was begun, and the remainder to be paid to the county treasurer of the county in which the conviction is had as a part of the fine and forfeiture fund. Neither the supervising in­spector nor any other inspector shall be per­mitted to receive any part of the proceeds of

§523.15 NAVAL STORES

any<' such forfeiture; and if the information be given by any such inspector, the entire proceeds shall be paid into said fine and forfeiture fund. The penalties, punishments and other provisions of this chapter and the enforcement of the same, shall be deemed several, and the enforce­ment of one shall not preclude or affect the enforcement of any other.

Blsto17.-§12, ch. 20935, 1941.

523.15 Inspectors; duty to attend at port on no~ice.-It shall be the duty of any inspector, upon notice given by any producer or agent of any producer, to attend at such time and place at or near the port for which he is appointed, or elsewhere if he be an inspector at large, as he may be required, for the purpose of inspect­ing spirits of turpentine and grading and weigh­ing rosin, and to ascertain the true amount and quality thereof, and to mark the same by brand­ing, or in some other durable manner, on each barrel, receptacle or package, and to issue at once in triplicate, sworn certificates of inspection, the original tQ 'be furnished to the producer or ship­per; and the duplicate and triplicate to the buyer or factor and the supervising inspector of naval stores respectively; and the person for whom such inspection is made shall be at liberty to appeal to the supervising inspector to establish the incorrectness of such inspection. If any such article be fraudulently mixed, it shall be con­demned by the inspector and sold as provided by §523.14.

Blstory.-§13, ch. 20935, 1941.

523.16 Unlicensed persons not to make in­spections.-It shall be unlawful for a person other than a licensed state inspector, or an in­spector appointed by the department of agricul­ture of the United States, to measure and in­spect or grade, mark or brand, for a fee, or fees, any naval stores in this state. Any person not a licensed inspector in accordance with the pro­visions of the laws of this state, or not an in­spector appointed by the department of agri­culture of the United States, who shall perform the duties of inspector of naval stores, for a fee or fees, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than five hundred dollars or imprisoned in the county jail not more than six months, or be pun­ished by both such fine and imprisonment in the discretion of the court.

Blstory.-§14, ch. 20935, 1941.

523.17 Inspectors to conform to U. S. stand­ards.-Insofar as any method, standard, type or grade shall have been or may be established by or under the authority of the department of agriculture of the United States, the inspection and grading of the quality of rosin and spirits of turpentine, or measuring the quantities there­of, shall conform with such method, standard, type or grade.

Blstory.-§15, ch. 20935, 1941.

523.18 Inspectors; inspection fees and com­pensation.-An inspector of naval stores shall receive for his services in inspecting rosin, in-

1974

eluding weighing, inspection and cooperage, six cents per barrel of approximately five hundred pounds, and for inspecting turpentine, includ­ing measuring of contents, inspection, bunging and cooperage, nine cents per barrel of approxi­mately fifty gallons, and, no more, to be paid by the owner or party for whom the inspection is. made. When any such rosin or turpentine shall be in any receptacle or package other than a barrel, the inspector for inspecting same shall receive for his services, per barrel or fraction thereof, the contents of such receptacle or pack-· age, the same fee or amount of compensation hereinbefore allowed for inspecting each bar­rel. An inspector shall not be obliged to inspect any article or quantity until the fee thereof shall have first been paid.

Hlstory.-§16, ch. 20935, 1941.

523.19 Penalty for removing or changing­inspection marks.-When any inspector or in- · spector of naval stores at large shall have placed his mark or brand on any barrel, receptacle, or package, as provided by law, it shall be unlaw­ful for any person other than a duly qualified inspector of naval stores, appointed under the provisions of the laws of this state, or inspector appointed by the department of agriculture of the United States, to change, remove, alter, erase or in any manner change the same or cause the same to be done, and for each and every viola­tion of this section the person violating the same shall be deemed guilty of a mislil.emeanor, and upon conviction thereof shall be punished by a fine of not more than one thousand dollars or imprisonment in the county' jail for not more than six months, or by both such fine and impri­sonment at the discretion of the court.

Hlstory.-§17, ch. 20935, 1941.

523.20 Penalty for illegal or false markings by inspector.-If any inspector, or inspector of naval stores at large, shall knowingly and wil­fully place on any barrel, receptacle, or package of spirits of turpentine or rosin, any mark or brand falsely indicating the quality or quantity of the contents thereof, he shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than five hun­dred dollars or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment at the discretion of the court.

Hlstory.-§18, ch. 20935, 1941.

523.21 Inspectors; right to enter premises for inspection.-The supervising inspector of naval stores, inspector of naval stores at large, or ·any other inspector of naval stores, if he shall have reason to believe that any gum spirits of turpentine, or wood turpentine, has been or is adulterated in any manner, shall have the right to enter the place where the same is stored or kept, and to open any barrel, or barrels, in which the same may be, and to take therefrom a suffi­cient quantity, not exceeding a pint from every barrel or package, as a sample for analysis and inspection. Each such sample shall be sealed by the supervising inspector or other inspector of

1975

naval stores taking the same, who shall at the time write, mark or label the same in such man­ner as to indicate the time and place of taking the same, and the ownership of the barrel from which it is taken, as well as any other fact neces­sary to identify the sample so taken with the original. The owner claiming or custodian of such spirits of turpentine shall have the right to be present if he desires in person or by agent at such sampling, and to demand and receive of said supervising inspector or inspector of naval stores, a sample in all respects like that taken by such supervising inspector or inspector of naval stores. The analysis of any such sample so taken by such inspector or supervising in­spector, sworn to by any witnesses competent to make such analysis, shall be admissible in evi­dence in any action wherein the grade or quality of the original from which the sample shall have been taken shall be in issue. A certificate of the result of an analysis made and certified by the state chemist or assistant state chemist shall be

NAVAL STORES §523.22

prima facie evidence of the nature, composition and character of the contents of the barrel from which said sample was taken, and of the correct­ness of such analysis and for such purpose ad­missible in evidence in any court of this state.

Hl8tory.-§19, ch. 20935, 1941.

523.22 Disposition of fees.-All fees or other compensation collected by the supervis­ing inspector, inspectors at large and inspec­tors of ports under the provisions of §§523.10, 523.13 and 523.18 shall be deposited by the htspector collecting same with the state treas­urer and shall be accounted for as other state funds. The state treasurer shall credit all such receipts to the general revenue fund and the legislature shall provide in its general appro­priations act sufficient sums for the salaries and expenses including premiums on bonds required of all naval stores inspectors ap­pointed under this chapter.

Hldor;r.-qomp. §129, ch. 26869, 1951.

§524.01 ACCOUNTS RECEIVABLE 1976

CHAPTER 524

ACCOUNTS RECEIVABLE

524.01 Definitions. 524.02 Filing of notice of assignment; cancella­

tion; receipts; certificates. 524.03 One year period; renewal; affidavit of con­

tinuance. 524.01 Definitions.-In this chapter, unless

the context otherwise requires: ( 1) "Account" or "account receivable"

means an existing or future right to the pay­ment of money:

(a ) Under an existing contract, (b) The assignment of which right is not

subject to special statutory provisions of the state or the federal government relative to the rights of creditors of the assignor or of suc­cessive assignees from the assignor,

(c) Which right to payment is not secured by a chattel mortgage, a conditional sale, or other instrument and which instrument was given .at or before the time the account was assigned and reserves the title to, or creates a lien upon, goods the sale of which gave rise to the a ccount, and

(d) Which right to payment is not repre-sented by:

1. A judgment, 2. A negotiable instrument, or 3. A non-negotiable instrument which so

represents the obligation that an assignee who takes possession of it, takes rights superior to those of a prior assignee of the obligation who did not take possession of the instrument.

{2) "Assignee," "assignment," "assignor," and "account debtor" are limited respectively to an assignee, assignment, assignor of, and debtor on, an account receivable.

(3) "Assignee" and "assignor" in §524.02 include both actual and prospective assignees and assignors.

(4) "Assignment" means any transfer of an account, other than by operation of law, includ­ing a transfer as security, and the creation by agreement of a lien on an account.

(5) "Contract" includes express contracts, written or oral, and implied at law or in fact.

(6) "Filing assignee" or "filing assignor" means a person designated as assignee or assignor respectively in a filed notice of assign­ment .

(7) "Proceeds in any form" of an account means any interest in, or benefit accruing from, an account, including:

(a) A judgment arising from the account, (b) Proceeds of payment of the account, in

whole or in part, in any manner, including any obligation taken as absolute or conditional pay­ment of the account,

(c) Collateral security taken for the ac­count , and

(d) Goods, the sale of which gave rise to the account, returned or not received by the account debtor.

524.04 Protected assignments. 524.05 Assignor's dealing with returned goods and

making adjustments. 524.06 Rights between account debtor and as­

signee.

(8) "Protected assignee" means the owner of a protected assignment.

(9 ) "Value" means any consideration, other than a seal, sufficient to support a simple con­tract. An assignment is deemed for value if it is taken in payment of, or as security for, an antecedent claim against any person.

History.-§1 , c h . 24297, 1947.

524.02 Filing of notice of assignment; can­cellation; receipts; certificates.~

(1) When the assignor's main executive office in the United States is in fact in this state, whether or not the assignee is located in this state, an assignee may become a filing assignee by filing in the· office of the secretary of state of the State of Florida the following form of notice of assignment, or any other form containing substantially the same information:

NOTICE OF ASSIGNMENT OF ACCOUNTS RECEIVABLE

For Filing with the Secretary of State Date __________________ _______________ _

________ ________________________ ____________________________ __ has assigned or intends to assign, or has assigned and intends to assign, one or more accounts receiv-a b I e to -----------------------------------------------------------------------(Signed) (Signed)

Assignor Assignee

-----st~~-~t---· -------ciii _____ , -----si~~~i---- · -------city _____ _ ----c-~-;;;iy:---· ------st;.-i~-----· ----c-~-;;~ti ___ , ------state ____ _

(2) A notice of assignment, a renewal, an affidavit of continuance or a notice of cancella­tion shall be deemed filed when it is received by the filing office for filing. The filing office shall mark each notice with a consecutive file number and the time of its receipt for filing and index it alphabetically under the name of the assignor, with a notation of his address.

(3) A filing assignee may at any tinie file a notice of cancellation, whereupon the notice of assignment shall be ineffective. The filing office shall note the cancellation in the index in con­nection with the name of the assignor.

( 4) The filing office may provide a system of-: (a) Receipts for instruments accepted for

filing, and of (b) Certificates that a designated person is

or is not named as assignor in any notice on file or giving information as to the contents of a file.

(5) The fee for filing or cancelling any in­strument or for issuing a receipt or a certifi­cate under this chapter shall be one dollar.

History.-§2, ch. 24297, 1947.

1977

524.03 One year period; renewal; affidavit of continuance.-

(!) Unless sooner cancelled, a notice of assignment shall be effective for one year after the filing of the last renewal thereof, or, if no renewal, after the filing of the notice.

(2) A filing assignee may, at any time dur­ing the effective period of his notice of assign­ment, file a notice of renewal, signed by ihe assignee and assignor, in the following form or in any other form containing substantially the same information:

RENEWAL OF NOTICE OF ASSIGNMENT OF ACCOUNTS RECEIVABLE

. The notice of assignment of accounts receiv-ab I e, file No, ___ ,____________ filed __________________________________ ,

(date)

designating ------------------------------------------ as assignor (name and address)

and ------------------------------------,---- as assignee is here­(name and address)

by renewed. (3) · A filing assignee may during the effec­

tive period of his notice file an affidavit of con­tinuance that he legally holds one or more out­standing protected assignments, which affidavit shall be effective for one year from filing but may be renewed from time to time. Such affi­davit need not specify what protected assign­ments are outstanding.

Hlotory.-§3, ch. 24297, 1947.

524.04 Protected assignments.-(!) A written assignment for value, signed

by the assignor, becomes protected at the time the assignee :

(a) Files a notice of assignment after tak­ing an ascignment or

(b) Takes an assignment during the effec­tive period of the notice.

(2) A protected assignee takes subject to: (a) Judicial liens on the account at the time

his assignment became protected; (b) An assignment to another person which

was protected before his assignment, except that an assignee takes priority over another assignee who files later than he did, regardless of the relative dates of their assignments.

ACCOUNTS RECEIVABLE §524.06

Notwithstanding the provisions of subsection (2) (b), a protected assignee takes subject to:

1. An assignment, prior in time to his, of which he had written notice at the time he took his assignment, and, ·

2. Any written contract made by him as to priorities.

(3) Subject to subsection (2), above, regard­less of notice to the debtor a protected assignee has rights to the account and · to the proceeds thereof in any form superior to the rights of the assignor and his creditors and assignees from him and may recover the proceeds from any such person in possession of them.

( 4) A protected assignment remains pro­tected while a notice of assignment, a renewal thereof, or an affidavit of continuance is effec­tive.

History.- §4, ch. 24297, 1947.

524.05 Assignor's dealing with returned · goods and making adjustments.-Neither deal­ing by the assignor, with property in his pos­session the sale of which gave rise to an account, as his own property nor the assignor's granting to the account debtor of credits, allowance, or adjustments shall invalidate the assignment of the account as to the balance due nor the assign­ment of other accounts, . whether or not the assignee consents to or acquiesces in such acts of the assignor. The term "assignor" as used in this section includes any assignee or other successor in interest of the assignor, whose rights are subordinate to those of the assignee m~ntioned above in this s·ection.

Hlstory.-§5, ch. 24297, 1947.

524.06 Rights between account debtor and assignee.-The rights of an assignee against the account debtor shall be subject to any deal­ing by such debtor in good faith with the as­signor or any other assignee or other successor in interest of the assignor until the account debtor receives notice in writing of the partic­ular assignment from or on behalf of the assignee or the assignor or other assignee or other successor in inte'rest of the assignor.

The assignment of an account shall not prejudice any right of set-off or defense ' which the account debtor has when he receives such notice. ·

Hlstory.-§6, ch. 24297, 1947.

§525.01 GASOLINE AND OIL INSPECTION 197i

CHAPTER 525 GASOLINE AND OIL INSPECTION

625.01 525.02 525.03

625.04

525.05

525.06

525.07

Gasoline and oil to be inspected. Analyses of gasoline and oil. Purchasers of gasoline, etc., may submit

samples to commissioner of agriculture. Assistant state chemist; appointment, sal­

ary, etc. Commissioner of agriculture may employ

clerks. Gasoline.. etc., below standard, subject to

confiscation. Inspectors; duties, powers; penalties.

525.01 Gasoline and oil to be inspected.­For the purpose of this chapter all gasoline, naphtha, kerosene, benzine, or other like prod­ucts of petroleum under whatever name desig­nated, used for illuminating, heating, cooking

. or power purposes, sold, offered or exposed for sale in this state, shall be subject to inspection and analysis as hereinafter provided. All manufacturers, wholesalers and jobbers, before selling or offering for sale in this state, any gasoline, kerosene or other mineral oil for power, illuminating, cooking or heating pur­poses, shall file with the commissioner of agri­culture an affidavit that they desire to do busi­ness in this state, and shall furnish the name, brand or trademark of the oil or oils, which they desire to sell, together with the name and address of the manufacturer thereof, and that such oil or oils are in conformity with the standard prescribed by the commissioner of agriculture.

Hlstory.-§1, ch. 7905, 1919 ; CGL 3956. cf.-§208.20, Applicability of this chapter to gasoline ta:z:

laws.

525.02 Analyses of gasoline and oil.-The commissioner of agriculture shall collect or cause to be collected from time to time by his duly authorized agent or agents, samples of any gasoline, illuminating or heating oils sold, offered or exposed for sale in this state, and cause same to be tested, or analyzed by the . state chemist, who shall report his findings to the commissioner of agriculture as other analy­ses are reported. The certificate of analysis by the state chemist, when properly verified by affidavit of the state chemist, shall be prima facie evidence in any court of law or equity in this state.

Hlstory.-§2, ch. 7905, 1919 ; CGL 3957.

525.03 Purchasers of gasoline, etc., may sub­mit samples to commissioner of agriculture.­Any person purchasing any gasoline, illuminat­ing, or heating oils from any manufacturer or vendor in this state for his own use may sub­mit fair samples of said gasoline, illuminating, or heating oils to the commissioner of agricul­ture to be tested or analyzed by the state chem­ist. In order to protect the manufacturer or vendor from the submission of spurious sam­ples the person selecting same shall do so in the presence of two or more disinterested per­sons, which samples shall be not less than one

525.08 Commissioner of agriculture and assistants to have access to all stores, etc.

525.09 Inspection fee. 525.10 Moneys to be paid into state treasury; pay-

ment of expenses, etc. 525.11 Comptroller to pay expenses. 525.12 Transfer of surplus funds. 525.13 Report of commissioner of agriculture. 525.14 Rules and regulations. • 525.15 Inspectors not to be interested in sales. 525.16 Prosecution of cases by state attorney. 525.17 Penalty for violations.

pint in quantity, and bottled, corked and sealed in the presence of said witnesses, and said sam­ples shall be placed in the hands of a disinter­ested person who shall forward same at the ex­pense of the purchaser to the commissioner of agriculture, and upon the receipt by him of any sample the commissioner of agriculture may require the state chemist to test or analyze same, and he shall return to such purchaser or purchasers a certificate of analysis, and such certificate when verified by the affivadit of the state chemist shall be competent evidence in any court of law or equity in this state. Hhtory.-§2~2. ch. 7905, 1919; CGL 391,!8.

525.04 Assistant state chemist; appoint­ment, salary, etc.-The governor shall, upon the recommendation of the commissioner of agriculture, appoint an assistant state chemist, or expert oil analyst, who shall analyze all samples of oils submitted or caused to be sub­mitted by the commissioner of agriculture, or his duly authorized inspectors or agents. The assistant state chemist shall hold office for a period of four years, unless otherwise recom­mended by the commissioner of agriculture for misfeasance or malfeasance in office, and shall receive a salary of twenty-seven hundred dol­lars per annum, payable monthly by the comp­troller on vouchers approved by the commis­sioner of agriculture.

Hlstory.-§3, ch. 7905, 1919; §1, ch. 11335, 1925 ; CGL 3959; §20d, ch. 19656, 1939.

. 525.05 Commissioner of agriculture may employ clerks.-The commissioner of agricul­ture may employ an extra clerk or two extra clerks, if need be, for keeping the records and collecting the revenue hereinafter provided, who shall receive a salary or salaries of eight­een hundred dollars and fifteen hundred dol­lars per annum, respectively, in case the serv­ices of two clerks are found to be necessary, and who shall be paid in the same manner as prescribed in §525.04. ·

Hlstory.- §5, ch. 7905, 1919 ; CGL 3961.

525.06 Gasoline, etc., below standard, subject to confiscation.-All oils enumerated and designated in this chapter that are used or in­tended to be used for power, illuminating, cook­ing or heating purposes, when sold under a distinctive name that shall fall below the standard fixed by the. commissioner of agricul-

1979

ture, are declared to be illegal, and shall be subject to confiscation and sale by order of the commissioner of agriculture. All manufactur­ers, wholesalers and jobbers and distributors who sell, barter or exchange gasoline or other oils within this state, shall post conspicuously at the place of delivery to the consumer a card or sign not smaller than twelve by fifteen inches, setting forth in size type not smaller than one inch in height, in the English language, the de­gree of gravity of the product sold, offered or exposed for sale.

Hl•tory.-§6, ch. 7905, 1919 ; CGL 3962.

525.07 Inspectors; duties, powers; penalties. -The comhtissioner of agriculture shall inspect, or cause to be inspected, from time to time by his

-duly authorized agents or inspectors, all measur-ing devices used in selling or distributing gasoline or kerosene, both wholesale and retail. The com­missioner of agriculture shall define and fix the tolerances to be allowed, in excess or deficiency on all such measuring devices; that on all such devices found to be giving accurate measure within the tolerances fixed by the commissioner of agriculture shall be placed a lead and wire seal in such a way that the metering adjustment cannot be changed without breaking the seal. Any device that is found to be giving measure in excess of the tolerances fixed by the commis­sioner of agriculture shall be considered inac­curate and the commissioner of agriculture or his agents at their discretion shall either give the operator or owner of measuring device a rea­sonable time in writing to fix such device or the commissioner or his agents may condemn or pro­hibit the further use of said device and by the use of a lead and wire seal obstruct the mechanism in such a way that it cannot be operated without breaking such seal and such device shall not again be operated in this state without the writ­ten consent of the commissioner of agriculture. Any person, company, firm or corporation who shall operate any pump without the written con­sent of the commissioner of agriculture, that has been condemned by a duly authorized inspec­tor or agent of the commissioner because of giv­ing short measure in excess of the tolerances fixed by the commissioner shall, upon conviction thereof, be punished as hereinafter provided. Any person, company, firm or corporation who

.shall install or operate a gasoline or kerosene measuring device in this state which by mechan­ical means is designed or used for the purpose of giving short measure shall be punished as hereinafter provided. It shall be unlawful for any person, company, firm or corporation, to break, cut, or remove any seal applied by th e commissioner of agriculture, or his duly author­ized inspectors or agents, to a gasoline or kero­sene measuring device and anyone convicted of breaking such seal shall be punished as herein­after provided. Any person who violates any of the provisions of this section, or any regula­tion or tolerance issued pursuant thereto, upon conviction thereof, shall be punished by a fine

GASOLINE AND OIL INSPECTION §525.10

of not more than five hundred dollars, or sixty days in county jail, or by both such fine or im­prisonment.

Hlstory.-§7, ch. 7!05, 1919;- 12, ch. 10134, 1925; CGL 3963, 8119, 8120, 8121, 8122; am. 11, ch. 21883, 1943.

Am. §10, ch . . 26484, 1951. ct.-§§19.47, 19.49, Appointment ot Inspectors.

525.08 Commissioner of agriculture and assistants to have access to all st4)res, etc.­In the performance of their duties, the com­missioner of agriculture or any of his duly au­thorized agents shall have free access at all reasonable hours to any store, warehouse, fac­tory, storage house, or railway depot, where oils are kept or otherwise stored, for the pur­pose of examination or inspection and drawing samples. If such access be refused by the owner, agent or manufacturer of such prem­ises, the commissioner of agriculture, or his duly authorized ip.spectors or agents, m~y ap­ply for a search warrant which shall be ob­tained in the same manner as provided for obtaining search warrants in other cases. The refusal to admit an inspector to any of the above mentioned premises during reasonable hours, shall be construed as prima facie evi­dence of a violation of this chapter.

Hlstory.-§8, ch. 7905, 1919; CGL 8964. ct.-Ch. 933, Search warrants.

525.09 Inspection fee.-For the purpose of defraying the expenses incident to the inspec­tion, testing and analyzing of oils in this state, there shall be paid to the commissioner of agri­culture a charge of one-eighth cent per gallon on all gasoline, kerosene and signal oil sold within this state, which payment shall be made on or before the twenty-fifth day of each month. If any company fails to make the payment here­in provided on or before the twenty-fifth day of each month the commission-er of agriculture may add ten per cent to the amount of such taxes already due as a penalty for failure of such company, dealers or agent to make such re­port and payment on the date herein provided, and shall proceed to collect such tax, together with all cost incident to such collection the same as other delinquent taxes are collected by law. All remittances to the commissioner of agri­culture to cover the inspection tax herein pro­vided shall be accompanied by a detailed report under oath showing the number of gallons of gasoline, kerosene and signal oil sold and de­livered in each county. No inspection fee shall be charged on oils or gasoline unloaded in any of the Florida ports for shipment into other states.

Hlstory.-§9, ch. 7905, 1919 ; §3, ch. 10134, 1925; CGL 3965; am. §1, ch. 24176, 1947.

525.10 Moneys to be paid into state treas­ury; payment of expenses, etc.-All moneys payable under this chapter shall be payable to the commissioner of agriculture and shall. be paid by him into the state treasury monthly to constitute, together with other moneys col­lected for inspections, a fund to be known and designated as the general. inspection fund, out of which all expenses incurred in the enforce-

§525.11 GASOLINE AND OIL INSPECTION

ment of this chapter and other inspection laws of this state for which fees are collected, in­cluding acquirement of equipment and other property and the distribution of hog cholera serum when approved by the board of com­missioners of state institutions as necessary to execute the agricultural fertilizer analysis and general inspection laws more economical­ly and promptly, shall be paid by the state treasurer on warrants issued by the comp­troller. No money shall be paid to any inspec­tor or employee created under this chapter except from the funds collected from the ad-

. ministration of this chapter.

39~~story.-§10, ch. 7905, 1919; §1, ch. 15615, 1931; CGL

525.11 Comptroller to pay expenses.-The comptroller shall issue warrants payable out of the general inspection fund on vouchers ap­proved by the commissioner of agriculture to cover all expenses incurred in the adminis­tration of this chapter.

History.-§11, ch. 7905, 1919; CGL 3967. Am. §10, ·ch. 26484, 1951.

525.12 Transfer of surJ?lus funds.--On January first of each year, the balance, if any, remaining in the gasoline inspection fund, after all the ·salaries and other expenses for carrying out the provisions of this chapter shall have been paid, shall be transferred by the . state treasurer to the state highway fund, and placed at the disposal of the state road department, for construction and maintenance of the public roads of the state.

Hlstory.-§12, ch. 7905, 1919; CGL 3968.

525.13 Report of commissioner of agricul­ture.-The commissioner of agriculture shall include in his biennial report an account of the operation and expenses under this chapter.

History.-§13, ch. 7905, 1919; CGL 3969.

1980

525.14 Rules and regulations.-The com­missioner of agriculture shall promulgate such rules and regulations not inconsistent with the provisions of this chapter as in his judgment may be necessary to the proper enforcement of this chapter; and define and fix the stand­ards and specifications for all the oils and gases referred to in §525.01. The standards and specifications shall be fixed before any of such oils and gases shall be sold or otherwise dispensed in this state.

Hlstory.-§14, ch. 7905, 1919; CGL 3970.

525.15 Inspectors not to be interested in sales.-It is unlawful for any inspector to be interested, directly or indirectly, in the manu­facturing or sale of any of the JiJs herein mentioned.

History.-§15, ch. 7905, 1919; CGL 3971.

525.16 Prosecution of cases by , state at­torney.-The state attorney, or other prose­cuting officer within the jurisdiction of whose court the case may come, shall prosecute all cases certified to him for prosecution by the commissioner of agriculture immediately upon receipt of the evidence transmitted by the com­missioner of agriculture, or as soon thereafter as practicable.

History.-§17, ch. 7905, 1919; CGL 3972.

525.17 Penalty for violations.-Any person who shall knowingly violate any of the pro­visions of this chapter or any rule or regula­tion promulgated by the commissioner of agri­culture, shall, upon conviction thereof, unless otherwise provided, be punished by a fine of not more than one thousand dollars, or by im­prisonment in the state prison for not more than twelve months.

Hlstory.-§16, ch. 7905, 1919; CGL 8123. cf.-§775.06, Alternative punishment.

1981 SALE OF LIQUID FUELS §526.07

CHAPTER 526 SALE OF LIQUID FUELS

526.01 Fraud and deception in sale, etc., of liquid fuel.

526.02 Proper trade name, etc., to appear upon container.

526.03 Imitating trade names, etc., liquid fuel prohibited.

526.04 Sale of liquid fuel under trade mark of another prohibited.

526.05 Mixing, etc., of liquid fuels of different manufacturers prohibited.

526~06 Mixing, blending or compounding liquid fuels of same manufacturer prohibited.

526.07 Assisting another in deception, etc., pro­hibited.

526.01 Fraud and deception in sale, etc., of liquid fuel.-

(1) No person shall store, sell, offer or ex­pose for sale any liquid fuels, lubricating oils, greases or other similar products in any man­ner whatsoever, which may deceive, tend to deceive or has the effect of deceiving the pur­chaser of said products, as to the nature, qua­lity or quantity of the products so sold, ex-posed or offered for sale. .

(2) Containers of reclaimed, recleaned or reconditioned lubricating oils, lubricants or mixtures of lubricants shall be plainly labeled in lettering as large as any other lettering thereon and in any event letters of not less than one-half inch in height showing that con­tents thereof is a previously used product and shall be designated "~ECLAIMED OILS."

(3) Containers of re-refined lubricating oils shall be properly designated as "Re-Re­fined."

History.-§1, ch. 16083, 1933; CGL 1936 Supp. 7315(2). Am. §1, ch. 26883, 1951.

ct.-§1.01 (3) , "Person" defined.

526.02 Proper trade name, etc., to appear upon container .-No person shall keep, expose or offer for sale, or sell any liquid fuels, lubri­cating oils, greases or other similar products from any container, tank, pump, or other dis­tributing device, other than those manufac­tured or distributed by the manufacturer or distributor indicated by the name, trade-mark, symbol, sign or other distinguishing mark or device appearing upon said container, tank, pump, or other distributing device in which such products are sold, exposed or offered for sale or distributed.

Histor y.-§2, ch. 16083, 1933; CGL 1936 Supp. 7315(3).

526.03 Imitating trade names, etc., liquid fuel prohibited.-It is unlawful for any per­son to disguise or camouflage his own equip­ment, by imitating the design, symbol, trade name, or the equipment under which recog­nized brands of liquid fuels, lubricating oils, and similar products, are generally marketed.

Hlstory .-§3, ch. 16083, 1933; CGL 1936 Supp. 7315(4) .

526.04 Sale of liquid fuel under trade mark of another prohibited.-N o person shall expose or offer for sale or sell under any trade-mark, trade name, or name or other distinguishing

526.08 Participation of officer, etc., of corpora­tion in violations.

526.09 Commissioner of agriculture to enforce law. 526.10 Attorney general, state attorneys, etc., to

assist in enforcing law. 526.11 Penalty for violations. 526.12 Definitions. 526.13 License. 526.14 Bond; annual renewal of license. 526.15 Parties to suit ; bond as evidence. 526.16 Regulations. 526.17 Restriction on use of containers. 526.18 Penalty for violation. 526.19 Appropriation for administration. 526.20 Cumulative effect of law.

mark, any liquid fuels, lubricating oils, greases, or other similar products, other than those manufactured or distributed by the manufac­turer or distributor marketing such products under such trade name, trade-mark, or name or other distinguishing mark. Hi~tory.-§4, ch. 16083, 1933; CGL 1936 Supp. 7315(5).

526.05 Mixing, etc., of liquid fuels of dif­ferent manufacturers prohibited.-N o person shall mix, blend or compound the liquid fuels, lubricating oils, greases or similar products of a manufacturer or distributor with the pro­ducts of any other manufacturer or distribu­tor, or adulterate the same, and expose, offer for sale, or sell such mixed, blended or com­pounded products under the trade name, trade­mark or name or other distinguishing mark of either of said manufacturer or distributors, or as the unadulterated products of such manu­facturer or distributor; provided, however, that nothing herein shall prevent the lawful owner .thereof from applying its own •trade-mark, trade name, or symbol to any product or material.

Hlstory.-§5, ch. 16083, 1933; CGL 1936 Supp. 7315(6).

526.06 Mixing, blending or compounding liquid fuels of same manufacturer prohibit­ed.-It is unlawful for any person to mix, blend, compound or adulterate the liquid fuel, lubricating oil, grease, or similar product of a manufacturer or distributor with a liquid fuel, lubricating oil, grease or similar product of the same manufacturer or distributor of a character or nature different from the char­acter or nature of the liquid fuel, lubri­cating oil, grease or similar product so mixed, blended, compounded or adulterated, and ex­pose for sale, offer for sale, or sell the same as the unadulterated product of such manu­facturer or distributor, or as the unadulterated product of any other manufacturer or · distri­butor; provided, however, that nothing in this chapter shall be construed to prevent the law­ful owner of such products from applying his or its own trade-mark, trade name or symbol to any product or material.

History.-§6, ch. 16083, 1933; CGL 1936 Supp. 7315(7)_.

526.07 Assisting another in deception etc., prohibited.-N o person shall aid or assist any

§526.08 SALE OF LIQUID FUELS

other person in violating any of the provisions of this chapter, by depositing or delivering into any tank, pump, receptacle, or other con­tainer, any liquid fuels, lubricating oils, greases or other like products, other than those intended to be stored therein, as indi­cated by the name of the manufacturer or distributor, or the trade-mark, trade name, name or other distinguishing mark of the pro­duct displayed on the container itself or on the pump o rother distributing device used in connection therewith, or shall by any other means aid or assist another in the violation of any of the provisions of this chapter.

HlatoJT.-§7, ch. 16083, 1933; CGL 1936 Supp. 7316(8) .

526.08 Participation of officer, etc., of cor­poration in violations.-If any firm, copartner­ship, association or corporation violates any of the provisions of this chapter, every direc­tor, officer, agent, employee or member par­ticipating in, aiding or authorizing the act or acts constituting a violation of this chapter shall be guilty of violating this chapter, and shall be subject to the punishment herein provided.

Hlator:y.-§8, ch. 16083, 1933; CGL 1988 l!lupp. 7316(9).

526.09 Commissioner of agriculture to en­force law.-The commissioner of agriculture shall enforce the provisions of this chapter.

Hlstor:y.-§11, ch. 16083, 1933; CGL 1938 Supp. 7316(11).

526.10 Attorney general, state attorneys, etc., to assist in enforcing law.-The attorney general, each state attorney and each county prosecuting attorney shall assist in the en­forcement of the provisions of · this chapter, upon request of the commissioner of agricul­ture; provided that the actual, reasonable and necessary expenses of the attorney general, state attorney and county prosecuting attorney shall be paid in · connection with the perform­ance of additional duties imposed upon them by this chapter out of the general inspection fund.

Hlstor;y.-§12, ch. 16083, 1933; CGL 1936 Supp. 7316(18).

526.11 Penalty for violations.-Any person who shall violate any of the provisions of thi's chapter shall be guilty of a misdemeanor, and upon conviction for a first offense, shall be pun.ishable by a fine of not more than two hun­dred dollars or by imprisonment for not more than thirty days, and for a second or subse­quent offense, by a fine of not less than five hundred dollars nor more than one thousand dollars or by imprisonment for not more than one year.

Hlstor:y.-§9, ch. 16083, 1933; CGL 1936 Supp. 7315(10) . cf.-§1.01 (3), "Person" defined.

1775.06, Alternative punishment.

526.12 Definitions.-The following words and phrases when used in §§526.12-526.20 have the meanings respectively ascribed to them in this section, as follows :

(1) LIQUEFIED PETROLEUM GAS.-The term "liquefied petroleum gas," as used in §§526.12-526.20, shall mean and include any

1982

material which is composed predc•minantly of any of the following hydrocarbons, or mixtures of the same: propane, propylene, butanes (nor­mal butane or isobutane), and butylenes.

(2) PERSON.-Every natural person, firm, copartnership or corporation.

(3) DEALER IN LIQUEFIED PETRO­LEUM GAS.-Any person selling or offering to sell any liquefied petroleum gas to the ultimate consumer for industrial, commercial or domes­tic use.

(4) DEALER IN APPLIANCES FOR USE OF LIQUEFIED PETROLEUM GAS.-Any person selling or offering to sell, leasing or offer­ing to lease, the apparatus, appliances and equipment necessary for the storage and/or converting of liquefied petroleum gas into flame for light, heat and power.

(5) ULTIMATE CONSUMER.-The person last purchasing liquefied petroleum gas in its liquid state for industrial, commercial or domestic use.

(6) INSTALLATION.-The act of install­ing apparatus, appliances and equipment neces­sary for storing and/or converting liquefied petroleum gas into flame for light, heat and power for use by the ultimate consumer.

(7) APPLIANCES AND APPARATUS FOR USE OF ULTIMATE CONSUMER.-The ap­paratus, appliances and equipment described in and contemplated by immediately preceding subsection (6).

(8) MANUFACTURER OF APPLIANCES AND EQUIPMENT FOR THE USE OF LIQUE­FIED PETROLEUM GAS.-Any person manu­facturing and offering for sale or selling in this state tanks, bottles f'r other containers and necessary appurtenances thereof for use by dealers in liquefied petroleum gas in their stor­age, transportation or delivery of such gas to ultimate consumers thereof; and apparatus, appliances and equipment for use by the ulti­mate consumer for storing and converting lique­fied petroleum gas into flame for light, heat and power.

(9) STATE FIRE MARSHAL.-The state treasurer, as ex officio insurance commissioner.

Blstory.-§1. ch. 24302, 1947; §11, ch. 25035, 1949.

526.13 License.-It shall be unlawful for any person to engage, in this state, in the busi­ness of a dealer in liquefied petroleum gas, in the business of manufacturer of appliances and equipment for the use of liquefied petroleum gas, or in the business of dealer in appliances for use with liquefied petroleum gas, or in the business of installation as defined in §526.12, without first obtaining from the state fire mar­shal a license to engage in one or more of these businesses, which license shall be granted to any applicant who files with the state fire mar­shal a good and sufficient bond and/or certifi­cate of insurance as hereinafter specified, and pays for such license the following fees (which fees as collected shall be paid into the general revenue fund of the State of Florida): Manufacturer of appliances and equipment for use with liquefied petroleum gas __ ____________ $35.00

1983

Dealer in appliances and equipment for use of liquefied petroleum gas, only___________________ 10.00 Dealer in liquefied petroleum gas, only____ 20.00 Installation ----------------------------------------------- 15.00 Dealer in liquefied petroleum gas, in appliances and equipment for use of such gas, and installa-tion ------------------------------------------------------------- 35.00

When application for any such license is made within six months of the end of any license year, the amount of fee required for the remain­ing part of such year shall be one-half of the fee required above in this section.

Hlotory.-§2, ch. 24302, 1947.

526.14 Bond; annual renewal of license.­No license shall be issued to an applicant to engage in any of such businesses, except dealers in appliances only, until such applicant shall have filed with the state fire marshal a good and sufficient bond in the penal sum of twenty­five thousand dollars, payable to the governor of the State of Florida, with applicant as prin­cipal, and a surety company authorized to do business in this state as surety thereon, con­ditioned that the principal shall well and truly comply with the provisions of §§526.12-526.20 and such rules and regulations as the state fire marshal may prescribe with respect t6 the conduct of such business for which the appli­cant seeks a license, and to indemnify and save harmless any and all persons from loss or damage by reason of the principal's failure to comply with such provisions, rules and regula­tions; provided, however, that the aggregated liability of the surety to all persons shall in no event exceed the sum of said bond. Should any bond so required for any reason become in­sufficient, the state fire marshal may require a new bond to be filed forthwith and should the principal fail to do so, it shall be the duty of the state fire marshal to cancel the license issued to such principal and to give such prin­cipal notice of said fact, in writing, and it shall be unlawful thereafter for such principal to engage in such business without such license; provided, however, that if the applicant shall furnish satisfactory evidence that such appli­cant is carrying a policy of public liability and

· products liability insurance with respect to such businesses in an insurance company au­thorized to do business in the State of Florida for an amount not less than twenty-five thou­sand dollars and that the premiums on such insurance are paid, then a certificate of such insurance shall be accepted in lieu of the bond hereinabove specified. All licenses issued under §§526.12-526.20 shall be renewed annually and in the same manner and upon payment of the same fees as provided for the original license, such renewal to be made on or before the first day of January of each year; provided, how­ever, that no new bond or insurance certificate shall be required as long as the original bond and · insurance remain sufficient and in full force and effect.

Hlstory.- §3, ch . 24302, 1947 ; §1, ch. 25105 , 1949 ; §11, ch. 25035, 1949.

SALE OF LIQUID FUELS §526.18

526.15 Parties to suit; bond as evidence.­Any person to whom there might accrue a cause of action on any such bond filed with the state fire marshal, may bring suit against the prin­cipal and surety of such bond, and a copy of such bond duly certified by the state treasurer shall be received in evidence in all the courts of

· this state without further proof. ·It shall be the duty of the state treasurer to furnish any person requiring the same a certified copy of such bond upon payment to him of his lawful fee for making and certifying such copy. H~story.-§4, ch. 24302, 19~7.

526.16 Regulations.-The state fire marshal shall make, promulgate and enforce regulations setting forth minimum general standards cover­ing the design, construction, location, installa­tion and operation of equipment for storing, handling, transporting by tank truck, tank trailer, and utilizing liquefied petroleum gases, and specifying the odorization of said gases and the degree thereof. Said regulations shall be such as are reasonably necessary for the pro­tection of the health, welfare and safety of the public and persons using such materials, l_lnd shall be in substantial conformity with the gen­erally a<Ccepted standards of safety concerning the same subject matter.

Such regulations shall be adopted by the state fire marshal only after a public hearing thereon.

It is hereby declared that regulations in sub­stantial conformity with the published stand­ards of the national board of fire underwriters for the design, installation and construction of containers and pertinent equipment for the stor­age and handling of liquefied petroleum gases as recommended by the national fire protection . association shall be deemed to be in substantial conformity with the generally accepted stand­ards of safety concerning the same subject matter.

History.-§5, ch. 24302, 1947.

526.17 Restriction on use of containers.~ No person, firm or corporation, other than the owner and those authorized by the owner so to do, shall sell, fill, refill, deliver or permit to be delivered, or use in any manner, any liquefied petroleum gas container or receptacle for any gas, compound, or for any other purpose what­soever.

Hlotory.-§6, ch . 24302, 1947.

526.18 Penalty for violation.-It shall be unlawful for any person, firm, association, or corporation, on and after July 1, 1947 to vio­late any of the provisions of §§526.12-526.20 or of the regulations of the state fire marshal made pursuant to §§526.12-526.20. Any person, firm, association, or corporation violating any of the provisions of §§526.12-526.20 or said regulations made under the provisions of §§526.12-526.20 shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than five hundred dollars.

That, in addition to the penalties and other enforcement provisions of §§526.12-526.20, in . the event any person engaged in any of the busi-

§526.19 SALE OF .LIQUID FUELS

nesses covered by §§526.12-526.20 shall violate any provision of §§526.12-526.20 or any rule or regulation prescribed, in· pursuance of §§526.12-526.20 by the state fire marshal, said official is authorized to resort to proceedings for injunc­tion in the circuit court of the county where such person shall reside or have his or its prin­cipal place of business, and therein apply for such temporary and permanent orders as the state fire marshal may deem necessary to re-' strain such person from engaging in any such businesses until such person shall have com­plied with ~he provisions of §§52-6.12-526.20 and such rules and regulations.

Hlstory.-§7, ch. 24302, 1947.

526.19 Appropriation for administration.­The state fire marshal is authorized to employ

1984

such persons as he may deem qualified, and pur­chase equipment and incur such other expense as .may be necessary in connection with the ad­ministration of § §526.12-526.20; and there is hereby appropriated from the general fund of the state not otherwise appropriated the sum of fifteen thousand dollars per annum to de­fray the cost of administering the provisions of §§526.12-526.20.

Hlstory.-§8, ch. 24302, 1947.

526.20 Cumulative effect of law.-The pro­visions of §§526.12-526.20 are cumulative and shall not be construed as repealing or affecting any powers, duties or authority of the state fire marshal under any other law of this state.

History.-§10, ch. 24302, 1947.

1985 WEIGHTS, MEASURES AND STANDARDS §531.0"3

CHAPTER 531

WEIGHTS, MEASu:aEs AND STANDARDS

531.01 Standards of weights and measures. 531.02 Standard to govern. . 531.03 Requirements before selling. 531.04 Standard crate for tomatoes. 531.05 Standard basket for tomatoes. 531.06 Manufacture and sale of other containers

for tomatoes prohibited. 531.07 Selling by false weight or measure; penalty. 531.08 Selling by untested weights and measures;

penalty. 531.09 Merchant offering to sell grain, etc., with­

out marking sack; penalty. 531.10 Merchant selling by short weight; penalty. 531.11 Selling tomatoes in crates other than

standard measure; penalty. 531.12 Selling certain commodities other than by

the pound prohibited. 531.13 To regulate the sale of goods marked

"sterling." 531.14 To regulate the sale of goods marked

"Coin," or "Coin Silver." 531.15 Penalty for violations §§531.13, 531".14. 531.16 State standards of weights and measures;

public standards. 531.17 Same ; office standards; verification ; certi­

fication. 531.18 Same; commissioner of standards; powers,

duties, etc.

531.01 Standards of weights and measures. -The following standards of weights and measures shall be the standard of weights and measures throughout the State of Florida:

One standard liquid gallon shall contain two hundred thirty-one solid inches.

The weights and measures shall be as follows: Wheat, per bushel ______ 60 pounds avoirdupois Corn, shelled, per

bushel -------------------- 56 pounds avoirdupois Corn, on cob with

shuck ---------------------- 70 pounds avoirdupois Sorghum seed, per

bushel -----------------· ·- 56 pounds avoirdupois Barley seed, per

bushel ________ ____________ 48 Oats, per bushel __________ 32 Bran, per bushel _______ ___ 20 Corn meal, per bushel __ 48 Beans, shelled, per

pounds pounds pounds pounds

avoirdupois avoirdupois avoirdupois avoirdupois

bushel -------------------- 60 pounds avoirdupois Beans, velvet, in hulls,

per bushel ____________ 78 pounds avoirdupois Beans, castor, shelled,

per bushel -------------- 48 pounds avoirdupois Millet seed, per busheL 50 pounds avoirdupois Beggar weed seed, per

bushel -------------------- 62 pounds avoirdupois Irish potatoes, per

bushel -------------------- _ 60 pounds avoirdupois Sweet potatoes, per

bushel , ____________________ 56 pounds Turnips, per bushel ____ 54 pounds Onions, per bushel ______ 56 pounds Salt, per bushel ____________ 60 pounds Peanuts, per bushel ____ 22 pounds -Chufas, per bushel ______ 54 pounds

avoirdupois avoirdupois avoirdupois avoirdupois avoirQU:pois avoirdupois

531.19 Same; regulations. 531.20 Same; inspecting, trying, approving, etc.,

weights and measures. 531.21 Same; approval of weights, measures, etc. 531.22 Same; condemnation of illegal weights and

measures. 531.23 Same; inspectors ; powers, duties, etc. 531.24 Same ; seizure of illegal weights and meas­

ures for evidence. 531.25 Same ; obstruction of commissioner, inspec­

tors, etc., prohibited. 531.26 Same; packages, containers, etc., to be

marked. 531.27 Same; definitions. 531.28 Same; misleading packages, containers,

etc.; standards. 531.29 Same ; marking weight or measure on tag

or label. 531.30 Same; net weights to apply. 531.31 Same; penalties for violations. 531.32 Same ; injunctions against violations; juris­

diction. 531.33 Same; salaries and expenses of enforce-

ment. 531.34 Standard measures for wheat flour.

Rye, per bushel ____________ 56 pounds avoirdupois Apples, dried, per

bushel ____________ ________ 24 pounds avoirdupois Apples, ·green, per

bushel __ __ __________ _____ 48 pounds avoirdupois Quinc~.s . . per busheL __ 48 pounds avoirdupois Peaches, dried, per

bushel _______ ____________ 24 pounds avoirdupois Peaches, green, per

bushel ____________________ 54 pounds avoirdupois Cotton seed, per bushel 32 pounds avoirdupois Cotton seed, Sea Island, ·

per bushel ____________ 44 pounds avoirdupois Plums, per bushel ________ 40 pounds avoirdupois Pears, per bushel ________ 55 pounds avoirdupois Guavas, per bushel __ __ 54 pounds avoirdupois

Hlstory.-§1, cb. 4975, 1901; GS 1241; §1, ch. 7314, 1917; RGS 2372 ; CGL 3781.

531.02 Standard to govern.-All contracts made within this state for work to be done or anything to be sold or delivered by weight or measure shall be taken and construed accord­ing to the standard of weights and measures adopted as the standard of this state.

Hlstory.-§2, ch. 4975, 1901; GS 1242; RGS 2373; CGL 3782.

531.03 Requirel!'e~ts before selling.-All merchants, commission merchants, grocers, provision dealers, store keepers and other per­sons, before selling or offering for sale any grain, flour, meal, grits, corn, wheat, rye, oats, bran, beans, irish potatoes, sweet potatoes ·or peanuts, already put up, packed or placed in any sack, bag or barrel, in original packages, shall have marked or stamped or stenciled upon such sack, bag or barrel, so sold or of­fered for sale, with its contents in figures, at least one inch in length. the exact weight in

§531.04 WEIGHTS, MEASURES AND STANDARDS 1986

pounds avoirdupois of such bag, sack or bar­rel, with its contents. If the bag, sack or bar­rel is of a dark or black color such figures shall be marked, stamped or stenciled in light colored ink or pencil; if the bag, sack or barre.! is of a light color, then the marking, stamping or stenciling shall be in black or dark pencil, but in all cases the stamping, marking or sten­ciling shall be plain, legible, and placed con­spicuously on such bag, sack or barrel.

Hl•tory.-§1, ch. 4996, 1901; GS 1243; RGS 2374; CGL 8783.

531.04 Standard crate for tomatoes.-The legal and standard crate for tomatoes shall measure ten inches in depth, eleven inches in width, and twenty-four inches in length, on the outside.

Hlstory.-§1, ch. 7311, 1917; RGS 2378; CGL 3787.

531.05 Standard basket for tomatoes.­The legal and standard basket for use in to­mato crates shall measure nine and one-half inches long in the bottom, five inches wide in the bottom and four and one-half inches deep, all of the last aforementioned measurements being inside measurements. The length of the inside of the top hoop of each basket shall be thirty-two and one-half inches.

Hlstory.-§2, ch. 7311, 1917; RGS 2379; CGL 3788.

531.06 Manufacture and sale of other con­tainers for tomatoes prohibited.-N o crate or basket intended for the sale, shipment .or de­livery for sale or shipment of tomatoes, except of the standard measure herein specified, shall be manufactured or sold.

Hlstory.-§3, ch. 7311, 1917 ; RGS 2380; CGL 3789.

531.07 Selling by false weight or measure; penalty.-Whoever knowingly sells by false weight or measure, shall be punished by im­prisonment not exceeding six months, or by fine not exceeding one thousand dollars .

Hlstory.-§52, Feb. 10, 1832; RS 2723; GS 3715; RGS 6694; CGL 7908. cf.-§536.20, Sell!ng Umber by Illegal standard.

§775.06, Alternative punishment.

531.08 Selling by untested weights and measures; penalty.-Whoever refuses to have his weights and measures tested, or refuses to pay the fees for the same, or whoever, after his weights and measures have been tested, fails to make them conform to the standard, and keep them conformed, shall be punished by imprisonment not exceeding sixty days, or by fine not exceeding one hundred dollars.

Hlstory.-RS 2724; GS 3716; RGS 5695; CGL 7909. cf.-§775.06, Alternative punishment.

531.09 Merchant offering to sell grain, etc., without marking sack; penalty.-Any mer­chant, commission merchant, grocer, provision dealer, storekeeper or other person, or any officer, agent, clerk or employee of any mer­chant, commission merchant, grocer, provision dealer or storekeeper who shall offer for sale, attempt to sell or sell any of the articles men­tioned in §531.03, already put up, placed or packed in any sack, bag or barrel, in original packages, without having such sack, bag or

barrel marked, stamped or stenciled as in the manner therein prescribed before offering for sale, attempting to sell or selling the same, shall be punished by fine not exceeding two hundred dollars for each offense, or by im­prisonment for not more than three months.

History.-§§2, 3, ch. 4976, 1901; GS 3354; RGS 6198; CGL 7302.

531.10 Merchant selling by short weight; penalty.-Any merchant, commission mer­chant, grocer, provision dealer, storekeeper, or other person, or any officer, agent, clerk or em­ployee of any merchant, commission merchant, grocer, provision dealer, or storekeeper, who shall sell or dispose of any sack, bag or bar­rel with its contents, containing any of the articles mentioned in §531.03 upon which the weight in avoirdupois of such sack, bag or barrel with its contents has been marked, stamped or stenciled as provided, and the weights so stamped, marked or stenciled shall not be the true and correct weight of such sack, bag or barrel with its contents, but the weight so marked, stamped or stenciled shall be a greater weight than the true and the ' correct weight of such sack, bag or barrel with its contents, shall be punished for each offense by a fine not exceeding two hundred dollars or by imprisonment for not more than three months.

History.-§3, ch. 4976, 1901; GS 3355; RGS 5199; CGL 7303.

531.11 Selling tomatoes in crates other than standard measure; penalty.-Every crate or basket used for the sale or delivery of toma­toes shall be of the Florida standard measure as provided by this chapter, and no person shall use any crate or basket for such sale, shipment or delivery, unless the same be of such standard measure. This shall not apply to local persons, dealers in or growers of to­matoes, or shipments within the state. Any person violating any of the provisions of this section shall be deemed guilty of a misdemean­or, and upon conviction thereof shall be pun­ished by a fine not exceeding one hundred dollars or by imprisonment in the county jail not exceeding thirty days. '

Hlstory.-§4, ch. 7316, 1917; RGS 5696; CGL 7910. cf.-§775.06, Alternative punishment.

531.12 Selling certain commodities other than by the pound prohibited.-It is unlawful for any dealer to sell, offer for sale, barter, exchange, or otherwise dispose of, any of the different commodities named in §531.01, ex­cept by the pound. Any person violating this section shall be guilty of a misdemeanor.

History.- §2, ch. 7314, 1917 ; RGS 5697; CGL 7911. cf.-§775.07, Punishment for misdemeanors.

531.13 To regulate the sale of goods marked "Sterling."-Any person who makes or sells, or offers to . sell or dispose of, or has in his possession with intent to sell or dispose of, any article of merchandise, marked, stamped or branded with the word "Sterling," or "Sterling Silver," or incased or inclosed in any box, pack­age, !!OVer or wrapper or other thing in or by which the said article is packed, inclosed or

1987 WEIGHTS, MEASURES AND STANDARDS §531.20

otherwise prepared for sale or disposition, hav­ing thereon any engraving or printed label, stamp, imprint, mark or trade-mark, indicating or denoting by such marking, stamping, brand­ing, engraving or printing, that such article is silver, sterling silver or solid silver, unless nine hundred and twenty-five one-thousandths

· of the component parts of the metal of which the said article is manufactured are pure sil­ver, shall be deemed guilty of a misdemeanor.

Hlstory.-§1, ch. 4417, 1895; GS 3351; RGS 5194; CGL 7297.

531.14 To regulate the sale of goods mark­ed "Coin," or "Coin Silver."-Any person who makes or sells, or offers to sell or dispose of, or has in his possession with intent to sell or dispose of, any article of merchandise marked, stamped or branded with the words "Coin," or "Coin Silver," or incased or inclosed in any box, package, cover or wrapper or other thing in or by which the said article is packed, in­closed or otherwise prepared for sale or dis­position, having thereon any engraving or printed label, stamp, imprint, mark or trade­mark, indicating or denoting by such mark­ing, stamping, branding, engraving or print­ing, that such article is coin or coin silver, unless nine hundred one-thousandths of the component parts of the metal of which the said article is manufactured are pure silver, shall be deemed guilty of a misdemeanor.

Hlstory.-§2, ch. 4417, 1895; GS 3352; RGS 5195; CGL 7298.

531.15 Penalty for violations §§531.13, 531.14.-Whoever violates the provisions of §§531.13 or 531.14 shall be punished by a fine not exceeding one hundred dollars for each offense, or by imprisonment not exceeding sixty days.

Hlstory.-§3, ch. 4417, 1895; GS 3353; RGS 5196; CGL 7299. cf.-§775.06, Altern~tive punishment.

531.16 State standards of weights and meas­ures; public standards.-The weights and meas­ures received from the United States under joint resolutions of congress approved June 14, 1836, and July 27, 1866, andjor such new weights and measures as shall be received from the United States as standard weights and measures in ad­dition thereto or in renewal thereof, andjor such weights and measures in conformity therewith as

· shall be supplied by the state shall, when the same have been certified by· the national bureau of standards, be the state standards of weights and measures.

Hlstory.-§1, ch. 22536, 1945.

531.17 Same; office standards; verification; certification.-

(!) In addition to the state standards of weights and measures provided for in §531.16, there shall be supplied by the state at least one complete set of copies thereof to be kept at all times in the offices of the commissioner and to be known as office standards, and such other weights, measures and apparatus as may be found necessary to carry out the provisions of this law, to be known as working standards. Such weights,

measures and apparatus shall be verified by the commissioner or his inspectors at his direction upon their initial receipt and at least once in each year thereafter the office standards by direct comparison with the state standards and the working standards by comparison with the office standards. When found accurate upon these tests the office and working standards shall be sealed by stamping on them tlie letters "Fla.,. and, in the case of working standards, the last two figures of the year, with seals which the commis­sioner shall have and keep for that purpose. The office or working standards shall be used in mak­ing all comparisons of weights, measures and weighing or measuring devices submitted for test in the office of the commissioner and the state standards shall be used only in verifying the of­fice standards and for scientific purposes.

(2) The commissioner shall maintain the state standards in good order and shall submit them at least once in ten years to the national bureau of standards for certification. He shall keep a complete record of the standards, balances and other apparatus belonging to the state.

History.-§2, ch. 22536, 1945.

531.18 Same; commissioner of standards; powers, duties, etc.-The duty of administering this law and enforcing its provisions and re­quirements shall be and is hereby vested in the commissioner of agriculture of the State of Florida who is hereby authorized to employ such agents and persons as in his judgment -.shall be necessary therefor to act as inspectors in carry­ing out the provisions of this law and whose salaries shall be fixed by the commissioner. In the administration and enforcement of this law the commissioner may act by and through such persons as he shall designate andjor employ to act as inspectors. for that purpose.

History.-§3, ch. 22536, 1945.

!i31.19 Same; regulations.-The commission­er shall issue from time to time regulations for the enforcement of the provisions' of this law. The said regulations may include specifications and tolerances for all weights, measures and weighing and measuring devices of the charac­ter of those specified in §531.20. For the purposes of this law, apparatus shall be deemed to be cor­rect when it conforms to all applicable require­ments promulgated as specified in this section; other apparatus shall be deemed to be incorrect.

History .-§4, ch. 22536, 1945.

531.20 Same; inspecting, trying, approving, etc., weights and measures.-When not other­wise provided by law the commissioner shall have the power and is hereby authorized to in­spect, test, try and ascertain if they are correct, all weights, measures and weighing or measur­ing devices kept, offered or exposed for sale, sold or used or employed in proving the size, quan­tity, extent, area or measurement of quantities, things, produce or articles for distribution or consumption pu~hased or offered or submitted for sale, hire or award, or in computing any charge for services rendered on the basis of

§531.~1 WEIGHTS, MEASURES AND STANDARDS 1988

weight or measure, or in determining weight or measure when a charge is made for such determination; and he shall have the power to and shall from time to time weigh or measure and inspect packages or amounts of commodi­ties of whatsoever kind kept for the purpose of sale, offered or exposed for sale, or sold, or. in the process of delivery, in order to determme Whether the same contain the amounts repre­sented and whether they be offered for sale or sold in a manner in accordance with law. He shall as often as he deems necessary and prac­ticable see that all weights, measures and weigh­ing or measuring devices used are correct. He may for that purpose and in the general p~rform­ance of his official duties enter and go mto or upon and without formal warrant, any stand, place, building or premises, or stop any vendor, peddler, delivery vehicle, or any person whatso­ever and require him, if nec.es~ary, to procee.d to some place which the comm1ss1oner may speci­fy for the purpose of making the proper. tests. Whenever the commissioner finds a violation of the statutes relating to weights and measures, he may cause the violator to be prosecuted.

Hlstory.-§5, ch. 22536, 1945.

531.21 Same; approval of weights, measures, etc.-Whenever . the commissioner compares weights, measures of weighing or measuring devices and finds that they correspond, or causes them to correspond, with the standards i!l his possession he shall seal or mark such we1ghts, measures or weighing or measuring devices with appropriate identification.

Hlstory.-§6, ch. 22536, 1945.

531.22 Same; condemnation of iII ega 1 weights and measures.-

(!) The commissioner shall condemn and seize and may destroy incorrect weights, meas­ures or weighing or measuring devices which, in his best judgment, are not susceptible of sat­isfactory repair; but such as are incor~ect and yet in his best judgment may be repa1red, he shall mark or tag as "Condemned for repairs."

(2) The owners or users of any w~ights, measures or weighing or measuring devices of which such disposition is made shall have the same repaired and corrected within such rea­sonable time as may be specified by the corn­missioner and they may neither use nor dispose of the same in any way but shall hold the same at the disposal of the commissioner. Any weights, measures or weighing or measuring devices which have been "condemned for repairs," and have not been repaired as required above shall be confiscated by the commissioner.

Hlstory.-§7, ch. ·22536, 1945.

531-.23 Same; inspectors; powers, duties, etc. -The powers and duties given to and imposed upon the commissioner by §§531.20-531.22 are hereby given to and imposed upon his inspectors also, when acting under his thstructions and at his direction.

Hlstory.-§8, ch . 22536, 1945.

531.24 Same; seizure of illegal weights and measures for evidence.-The commissioner and his inspectors are hereby specifically authorized and empowered to seize for use as evidence, without formal warrant, any false or unsealed weight, measure or weighing or measuring de­vice or package or amount of commodity found to be used, retained or offered or exposed for sale or sold in violation of law.

Hlstory.-§9, ch. 22536, 1945.

531.25 Same; obstruction of commissioner, inspectors; etc., prohibited.-It shall be unlaw­ful for any person to in any way hinder or o»­struct the commissioner or his inspectors in the performance of his or ' their official duties under this law, or to fail or refuse to obey any law­ful order of the commissioner or his inspectors given under authority of this law. It shall also be unlawful for any person to in any way im­personate the commissioner or his inspectors by the use or counterfeit of his or their seal or otherwise.

Hlstory.-§10, ch. 22536, 1945.

531.26 Same; packages, containers, etc., to be marked.-It shall be unlawful to keep for the purpose of sale, offer or expose for sale or sell, any commodity in package form unless the net quantity of the contents be plainly and con­spicuously marked on the outside of the package in terms of weight, measure or numerical count; provided, however, that reasonable variations or tolerances shall be permitted and that these reasonable variations or tolerances and also ex­emptions as to small packages shall be estab­lished by rules and regulations made by the com­missioner. And provided, further, that this section shall not be construed to apply to those commodities in package form the manner of sale of which is specifically regulated by the pro­visions of other sections of this law.

Hlstory.-§11, ch. 22536, 1945.

531.27 Same; definitions.-(!) The words "in package form" as used in

this law shall be construed to include a com­modity in a package, carton, case, can, box, bar­rel, bottle, phial or other receptacle, or in cov­erings or wrappings of any kind, put up by the manufacturer, or when put up out of the presence of the purchaser by the vendor, which may be labeled, branded or stenciled, or other­wise marked, or which · may be suitable for labeling, branding or stenciling, or marking otherwise, making one complete package of the commodity. The words "in package form" shall be construed to include both the ·wholesale and the retail package. ,

(2) The term "gallon" shall be understood to mean a unit of 231 cubic inches, of which the liquid quart, liquid pint and gill · are, respec­tively, the one-quarter, the one-eighth and the one-thirty-second parts.

(3) The term "bushel," when used in connec­tion with dry measures and standard containers, shall be understood to mean a unit of 2i50.42

1989 WEIGHTS, MEASURES AND STANDARDS §531.~1

cubic inches of which the dry quart and dry pint, respectively, are the one-thirty-second and one­sixty-fourth parts.

( 4) The term "barrel" when used in connec­tion with flour shall be understood to mean a unit of 196 pounds avoirdupois weight, and frac- . tiona! parts of a barrel shall be understood to mean like fractional parts of 196 pounds.

(5) The term "barrel" when used in connec­tion with beer, ale, porter and other similar fermented liquor, shall be understood to mean a unit of 31 gallons, and fractional parts of a bar­rel shall be understood to mean like fractional parts of 31 gallons.

( 6) The term "ton" shall be understood to mean a unit of 2,000 pounds avoirdupois weight.

(7) The term "cord" when used in connec­tion with wood shall be understood to mean the amount of wood which is contained in a space of 128 cubic feet when the wood is ranked and well stowed and one-half the kerf of the wood is included.

(8) All contracts concerning the sale of goods shall be construed in accordance with the pro­visions of this section.

(9) The word "person" as used in this law shall be construed to import both the plural and singular, as the case demands, and shall include individuals, partnerships, corporations, com­panies, societies and associations. The word "commissioner" wherever used in this law means the commissioner of agriculture of the State of Florida.

(10) The words "weight, measures, or (and) weighing or (and) measuring devices" as used in this law shall be construed to include all weights, scales, beams, measures of every kind, instruments and mechanical devices for weigh­ing or measuring, and any appliances and ac­cessories, connected with any or all such instru­ments.

(11) · The words "sell" or "sale" as used in this law shall be construed to include barter and exchange.

Hlstory.-§§11, 14, 17, ch. 22536, 1945.

531.28 Same; misleading packages, contain­ers, etc.; standards.-It shall be unlawful to keep for the purpose of sale, offer or expose for sale, or sell any commodity in package form if its container is so made, formed or filled, or if it is so wrapped as to mislead the purchaser as to the quantity of the contents; or if the contents of its container fall below the standard of fill prescribed by regulations promulgated as pro­vided in this section. For the effectuation of the purposes of this section the commissioner is hereby authorized to promulgate regulations fix­ing and establishing for any commodity in pack­age form a reasonable standard of fill of con­tainer.

Hlstory.-§12, ch. 22536, 1945.

531.29 Same; marking weight or measure on tag or labei.-It shall be unlawful to keep for the purpose of sale, offer or expose for sale, or sell, any commodity composed in whole or in part

of cotton, wool, linen or silk, or any other textile material on a spool or similar holder, or in a con­tainer or band, or in a bolt or roll, or in a ball, coil or skein, or in any similar manner, unless the net amount of the commodity in terms of weight or measure shall be definitely, plainly and conspicuously marked on the principa1 label, if there be such a label; otherwise, on a wrapping, band or tag attached thereto, except when put up in the presence of the purchaser.

Hlstory.-§13, ch. 22536, 1945.

531.30 Same; net weights to apply.-When­ever any commodity is sold on a basis of weight it shall be unlawful to employ any other weight in such sale than the net weight of the commod­ity; and all contracts concerning goods sold on a basis of weight shall be understood and con­strued accordingly. Whenever the weight of a commodity is mentioned in this law it shall be understood and construed to mean the net weight of the commodity.

Hlstory.-§15, ch. 22536, 1945.

531.31 Same; penalties for violations.-Any person who, by himself or by his servant or agent, or as the servant or agent of another per­son, shall offer or expose for sale, sell, use in the buying or selling of any commodity or thing or for hire or award, or in the computation of any charge for services rendered on the basis of weight or measure, or in the determination of weight or measure when a charge is made for such determination, or retain in his possession a false weight or measure, or weighing or meas­uring device; or who shall dispose of any con­demned weight, measure or weighing or measur­ing device contrary to law, or remove any tag placed thereon by the commissioner or his in­spectors at his direction; or who shall !!ell or offer or expose for sale less than the quantity he represents of any commodity, thing or service, or shall take or attempt to take more than the quantity he represents, when, as the buyer, he furnishes the weight, measure or weighing or measuring device by means of which the amount of commodity, thing or service is determined; or wlio shall keep for the purpose of sale, offer ' or expose for sale or sell any commodity in a manner contrary to law; or who shall use in retail trade, except in the preparation of pack­ages put up in advance of sale, a weighing or measuring device which is not so positioned that its indications may be accurately read and the weighing or measuring operation observed from some position which may reasonably be assumed by a customer; or who shall violate any provision of this law, or who shall sell or offer for sale or use or have in his possession for the purpose of selling or '\Sing, any device or instrument to be used to or 'alculated to falsify any weigat or measure, shall be guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars, or by imprisonment for not more than six months, or by both such fine and imprisonment.

Hlstory.-§16, ch. 22536, 1945.

§531.32 WEIGHTS, MEASURES AND STANDARDS 1990

531.32 Same; injunctions against violations; jurisdiction.-In addition to the remedies pro­vided in this law, and notwithstanding the exist­ence of any adequate remedy at law, the commis­sioner 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 permanent injunction, or both, restraining any person from violating or continuing to violate any of the provisions of this law or for failing or refusing to comply with the requirements of this law or any rule or regu­lation duly promulgated as in this law author­ized, such injunction to be issued without bond.

Hlotory.-§18, ch. 22536, 1945.

531.33 Same; salaries and expenses of en­forcement.-All expenses incident to and ln­curred in the administration and enforcement of this law, including the salaries and expenses of such persons as the commissioner shall desig­nate or employ as inspectors for that purpose, shall be paid from the general inspection fund of the State of Florida in the same manner as other state salaries and expenses are paid.

Hlstory.-§19, ch. 22536, 1945.

531.34 Standard measures for wheat flour.­(1) Hereafter the standard measures of

wheat flour shall be containers of net avoirdupois weights of two, five, ten, twenty-five, fifty and one hundred pounds.

(2) The term "wheat flour" as used herein means: Plain wheat flour, self-rising wheat flour, phosphated wheat flour, bromated wheat

•

flour, enriched wheat flour, enriched self-rising wheat flour and enriched phosphated wheat flour as defined in the standards of identity promulgated by the federal security agency under date of May 26, 1941 (Volume 6, federal register, pages 2574 to 2582, inclusive), or as they may be amended.

(3) Each container shall have its net weight, and the name and address of the actual manu­facturer or distributor printed or plainly marked on it in letters and figures clearly legible.

( 4) No person shall pack for sale, sell or offer for sale in Florida any wheat flour except in containers of the standard net weights and in accordance with the labeling provisions.

( 5) The provisions of this section do not apply to the retailing of flour direct from the manufacturer to the consumer, nor to the sale of flour to the bakery trade, nor to the exchang­ing of wheat for flour, nor to flour packed in car­tons, the net contents of which are five pounds or less.

(6) Any person violating any of the provi­sions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding thirty days, or by both such fine and imprisonment.

(7) This section shall take effect six months after the expira\ion of the national emergency which was declared to exist by the proclamation of the President of the United States on May 27, 1941.

Hletory.-§§1-5, 7, ch. 22765, 1946 •

1991 DEVICES ISSUED IN PAYMENT FOR LABOR §532.03

CHAPTER 532 DEVICES ISSUED IN PAYMENT FOR LABOR

.532.01 Parties issuing pay checks liable after cer­tain time for face value.

.532.02 Payable in money to bearer notwithstand-ing stipulations. ·

532.01 Parties issuing pay checks liable after certain time for face value.-Any person issuing checks1 coupons, punch-outs, tickets, tokens or other device in payment for labor, redeemable either wholly or partially in goods or merchandise, at their or any other place of business, shall, on demand of any legal holder thereof, on or after the thirtieth day succeed­ing the day of issuance, be liable for the full face value thereof in current money of the United States.

Hlstory.-§1, ch. 6914, 1915; RGS 2522; CGL 3944; §1, ch. 18004, 1937. <:f.-§1.01(3), "Person" defined.

532.02 Payable in money to bearer notwith­-standing stipulations.-Any checks, punch­<>Uts, coupons, tickets, tokens or other device, issued by any person in payment for labor shall be considered and treated as payable to bearer

532.03 Holder, after certain time, may bring suit to recover face value .

in current money of the United States, not­withstanding any contrary stipulation or provi­sion which may be therein contained.

Hlstory.-§2, ch. 6914, 1915; RGS 2523; CGL 8945.

532.03 Holder, after certain time, may bring suit to recover face value.-In case of failure of any person to pay any legal holder of any check, punch-out, ticket, token or other device issued by them in payment for labor, the full face value thereof in current money of ·the United States, on or after the thirtieth day ,suc­ceeding the day of issuance, when so demanded. such holder may immediately bring suit there­on in any court of competent jurisdiction, and, in addition to recovering the full face value thereof, with legal interest from demand, may recover ten per cent of said amount as attor­ney's fees in the same suit.

Hlstory.-§3, ch. 6914, 1916; RGS 2524; CGL 3946; §2, ch. 18004, 1937.

§533.01 WASTE FROM MINES 1992

CHAPTER 533 WASTE FROM MINES

533.01 Deposits for mine wastes, etc. 533.02 ~cape of waste, wash and debris. 533.03 On affidavit filed with county commis­

sioners, county to institute suit to enjoin.

533.01 Deposits for mine wastes, etc.-Any person engaged in the business of mining any mineral or subterranean product in this state, shall provide necessary places of deposit for the waste, wash or debris of any mine or mines operated by such person; and shall provide settling pools of sufficient capacity to prevent the escape of waste, wash or debris into any waters of the rivers and streams of the State of Florida, except as provided in §533;02.

Hlatory.-§1, ch. 6202, 1911; RGS 2446; §1, ch. 10181, 1926; , CGL 3863, 3868. ct.-§1.01(3), "Person" defined.

533.02 Escape of waste, wash and debris.­It is unlawful for any person to permit or allow the escape of waste, wash or debris from any mine or mines operated by such person into any of the streams and rivers of this state, but the escape of water slightly discolored shall not be construed as the escape of waste, wash and debris, nor shall the washing away of water, or debris, due to excessive rains or floods which are beyond the control of persons operating such mine or mines be within the meaning of this chapter.

Hlatory.-§2, ch. 6202, 1911; RGS 2447; §2, ch. 10181, 1926; CGL 3864, 3859.

533.03 On affidavit filed with county com­missioners, county to institute suit to enjoin.­Upon the presentation to the board of county commissioners of any county of this state of an affidavit, signed by at least ten citizens, owning property in such county, which affidavit shall allege that some person conducting min­ing operations in this state, giving the name thereof, is not using due diligence to prevent the escape of waste or debris from any mine or mines, operated by such person, into any stream or river of this state, and that such waste or debris is escaping into a stream or river in the county in which the affiants reside,

533.04 Venue in county wherein affidavit pre-sented.

533.05 Duty of state attorney; attorney's fee . . 533.06 Penalty for violation §§533.01, 533.02.

then the board of county commissioners shall immediatelY. institute suit in the name of such county to enjoin such person from allowing waste or debris to escape. No prosecution for perjury shall be had on such affidavit. The joinder of any number of persons as defendants shall be no grounds of objections to the suit, and they may join parties defendants not nam­ed in the affidavit if necessary.

Hlatory.-§3, ch. 6202, 1911; RGS 2448; CGL 3865.

533.04 Venue in county wherein affidavit presented.-The cause of action shall be con­sidered to arise in the county wherein the affi­davit shall be presented to the board of county commissioners, and suit shall be commenced therein regardless of where the mine or mines from which the waste or debris is escaping are located.

Hlatory.-§4, ch. 6202, 1911; RGS 2449; CGL 3866.

533.05 Duty of state attorney; attorney's fee. -In the event the regular attorney of the board of county commissioners, represents any per­son engaged in mining in this state, the state attorney of the circuit in which the county bringing the suit is situated, shall conduct the suit, and if the injunction shall be granted, the county shall recover from the defendant or de­fendants such reasonable attorney's fee as shall be allowed by the court, which shall be paid to the attorney conducting the suit, in addition to the compensation regularly paid him.

Hlatory.-§5, ch. 6202, 1911; RGS 2450; CGL 3867,.

533.06 Penalty for violation §§533.01, 533.02. -Any person violating any of the provisions of §§533.01 or 533.02 shall be punished by a fine of not less than three hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail at hard labor for a period of not more than six months.

Htatory.-§3, ch. 10181, 1925; CGL 7833. ct.-§776.06, Alternative punishment. .

1993 LIVESTOCK; MARKS AND BRANDS; STAMPING BEEF §534.05

CHAPTER 534

LIVESTOCK; MARKS AND BRANDS; STAMPING BEEF

534.01 534.02 534.03 534.04 534.05

534.06 534.07 534.08

534.09 534.10

534.11

Duties of commissioner of agriculture. Recording of marks and brands. Certified copies of marks and brands. Rules and regulations. Records of cattle driven, shipped or slaugh­

tered in or from cattle districts; powers of commissioner.

Duties of persons slaughtering cattle. Duty of purchasers of cattle. Inspection of marks and brands; what to

consist of. Inspector's stamp. Inspectors to visit markets and slaughter

houses. Effect of inspector's stamp and recording

of carcass.

534.01 Duties of commissioner of agricul­ture.-The inspection and protection of cattle in the State of Florida are hereby placed under the jurisdiction of the commissioner of agricul­ture, herein called the commissioner.

Hlstory.-Orlglnal, §1, Nov. 21, 1828 ; RS 2321; GS 3108; RGS 4859; CGL 6946 ; repealed by §21, ch. 22856, 1945.

Present section, § 1, ch. 22856, 1945.

534.02 Recording of marks and brands.­All persons having, cattle in this state shall record their marks and brands in the office of the commissioner and shall advise the commissioner in writing in what county or counties in the state they have or expect to have cattle bearing the mark or brand so recorded, if an offer be made to record a mark or brand previously re­corde'd, the commissioner shall determine wheth­er the county or counties in which such mark or brand will be used is or are near enough to the county or counties in which the previously recorded mark or brand is to be used to probab­ly cause confusion, or to aid theft or dishones­ty; and if so, it shall be the duty of the commis­sioner to decline to admit to record such mark or brand. The owners of marks and brands now recorded in the several counties of the state un­der the provisions of law existing on July 1, 1945", are hereby allowed two years within which to record such marks or brands as provided herein, during which time they shall be protected in the ownership of such marks and brands in the counties where recorded. If conflict should arise between the owner of any such presently recorded mark or brand and another claiming the right to record the same mark or brand the commissioner shall, in all cases, give preference to the present owner. All such marks and brands now recorded in the several counties which shall not be re-recorded with the commissioner under the provisions of this chapter within the pedod of two years from July 1, 1945, shall be considered abandoned and all right and title therein and thereto shall cease and terminate. The commissioner shall charge and collect at the time of any such record a fee of one dollar for recording each mark and brand.

534.12 534.13 534.14 534.15 534.16 534.17 534.18 534.19 534.201

534.43 534.44

534.45

534.46

Duties of law enforcement officers. Inspection fees. Killing cattle without inspection. Mutilitation of marks and brands. Claim of ownership without title. Appointment of inspectors. Penalties. Injunctions. Limitation on certain counties to comply

with chapter. Florida beef to be so marked. Packing houses, etc.; duty to stamp; state

live stock sanitary board to enforce. Restaurants, etc., to designate Florida beef

on menus; hotel commission to enforce. Penalty for violations.

No person, firm or corporation shall use any mark or brand to which another has a prior right of record.

Hlstory.-Orlglnal, §2, Nov. 21, 1828; RS 2322 ; GS 3109; CGL 6947; repealed by §21, ch. 22856, 1945.

Present section, §2, ch. 22856, 1945.

534.03 Certified copies of marks and brands. -Certified copies of recorded marks and brands shall be furnished by · the commissioner when and as requested and he shall charge and collect one dollar for each certificate. Such certificates shall be admissible in evidence in all courts.

Hlstory.-Orlginal, §3, Nov. 21, 1828; RS 2323; GS 3110; RGS 4861; CGL 6948; repealed by §21, ch. 22856, 1945.

Present section, §3, ch. 22856, 1945.

534.04 Rules and regulations.-(!) The commissioner shall prescribe and

enforce suitable rules and regulations for the inspection of cattle, hides and beef to the end that the true ownership thereof may at all times be protected and larceny prevented and for the enforcement of this chapter. The com­missioner is hereby authorized to employ all of t?e necessary inspectors and to use any other designated person to enforce and administer the provisions of this chapter.

(2) All livestock inspectors now functioning under chapter 534, Florida Statutes, 1941, shall continue to perform their present duties so far as cattle, beef and hides are concerned to July 1st, 1945, at which time their powers and duties and obligations shall cease and terminate so far as they relate to cattle, beef and hides.

Hlstory.-Orlginal, §1, ch. 5234, 1903 ; GS 3111; §1, ch. 5666, 1907; RGS 4862; CGL 6949; repealed by §21 ch 22856, 1945. • •

Present section, §4, ch. 22856, 1945. Sub. § (1 ) am. § 1, ch. 26898, 1951.

534.05 Records of cattle driven, shipped or slaughtered in or from cattle districts; powers of commissioner.-The commissioner of agricul­ture, through his inspectors, shall inspect and record the marks and brands of all cattle driven or shipped from or slaughtered in any cattle dis­trict and shall make and keep suitable records thereof in books and records to be prescribed by the commissioner of agriculture. Such rec­ords shall include the proper showing of all marks

§534.06 LIVESTOCK; MARKS AND BRANDS; STAMPING BEEF 1994

and brands of the cattle involved, the description of unmarked cattle, the name or names of the person or persons driving or slaughtering cattle and the dates thereof. The commissioner of agriculture, through his inspectors, is author­ized to halt the movement of cattle anywhere within the state (except by rail) and to demand and receive from the person or persons in charge thereof the evidence of ownership and authority required by this chapter. The person or persons in charge of such cattle shall at all times have and shall exhibit upon request by any person authorized under this chapter his certificate of ownership and authority which shall be signed by the inspector of the district from which said cattle were taken.

History.-Origlnal, . §1, ch. 5234, 1903; GS 3112; RGS 4863; CGL 6950; repealed by §21, ch. 22856, 1945.

Present section, §5, ch. 22856, 1945.

534.06 · Duties of persons slaughtering cattle. -Any person, firm or corporation slaughtering cattle in this state shall either take the carcass of such slaughtered cattle with the hide and unmutilated ears to the home or place of busi­ness of an inspector of the commissioner of agriculture in the area where said cattle are slaughtered or notify such inspector of the lo­cation of such carcass or carcasses and pay said inspector upon inspection the fees provided for under the provisions of this chapter. It shall be the duties of any person, firm or corporation when moving cattle from any cattle distrjct or slaughtering any cattle in all cases and under all · circumstances to notify the inspector and to afford ample opportunity for inspection.

Hlstory.-Origlnal, §2, ch. 5234, 1903; GS 3113, 3337; §2, ch. 5666, 1907 ; RGS 4864, 5178; CGL 6951, 7281 ; repealed by §21, ch. 22856, 1945.

Present section, §6, ch. 22856, 1945. Am. §2, ch. 26898, 1951.

534.07 Duty of purchasers of cattle.-It shall be the duty of all purchasers of cattle, except for immediate slaughter, to remark and rebrand the same; provided, that this requirement shall not apply where an entire stock of cattle which the mark and brand or marks and brands carried by them shall be sold and conveyed.

History.-Origlnal, §3, ch. 5234, 1903; GS 3114; RGS 4865; CGL 6952; repealed by §21, ch. 22856, 1945.

Present section, §7, ch. 22856, 1945.

534.08 Inspection of marks and brands; what to consist of.-The inspection and record of marks and brands of slaughtered cattle shall include the following:

(1) If the carcass of a cow or carcasses of cattle are offered or the inspector has notice of location of such carcass or carcasses accom­panied by the hide and unmutilated ears there­of he shall make a record of the marks and br~nds and shall make an ink impression of his stamp on the flesh side of the hide as near ~he center as practicable and shall make an mk impression of the stamp on each quarter of the carcass or carcasses.

(2) VVhen the carcass of unmarked or un­branded cattle is offered for recording or notice of location thereof given to the inspector, he shall demand of the person so offering the same either a bill of sale showing title in such person or an affidavit duly executed by such person and O?e

other responsible, disinterested person showing the right to slaughter such cattle and upon the delivery of the bill of sale or affidavit to the in­spector, he shall make a record of the color of the flesh marks of the hide and stamping the hides and quarters as herein required. In all cases where marks have been altered, inspectors' records and reports shall so state and shall also state if said alterations appear to be recent.

History.-Orlglnal, §1, ch. 14740, 1931; CGL 1936 Supp. 6962 (1) ; repealed by §21, ch. 22856, 1945.

Present section, §8, ch. 22856, 1945.

534.09 Inspector's stamp.-It shall be the duty of the commissioner to furnish each inspec­tor with a metal stamp of the following descrip­tion: One and three-fourths inches in diameter and containing around the border thereof the number of the district and, in the center, shall be the word "Recorded" and the number of the inspector. The commissioner shall furnish to each inspector a sufficient number ·of blank books, reports and other forms to enable him to dis­charge his duties.

History.-Orlglnal, §1, ch. 14740, 1931 ; CGL 1936 Supp. 6962 (1) ; repealed by §21, ch. 22856, 1945.

Present section, §!1, ch. 22856, 1945.

534.10 Inspectors to visit markets and slaughter houses.-It shall be the duty of the inspectors or any other person designated by the commissioner hereunder to visit all markets and places where slaughtered cattle are offered for sale, at reasonable intervals and keep said markets under close observation and it shall be unlawful for any person, firm or corporation to have the possession of slaughtered beef which has not been stamped as herein pn>vided. Also, all slaughtered beef which has not been stamped as herein provided . at markets or other places where slaughtered cattle are held for sale shall be confiscated by the commissioner of agriculture and his inspectors.

History.-Original, §1, ch. 14740, 1931; CGL 1936 Supp. 6962 (1) ; repealed by §21, ch. 22856, 1945.

Present section, §10, ch. 22856, 1945.

534.11 Effect of inspector's stamp and re­cording of carcass.-After the carcass of any cattle has been duly recorded and stamped ac­cording to the terms of this chapter, it shall not be necessary to further retain the hide with such carcass. The stamping shall be treated as a cer­tificate of the previous recording thereof.

Hlstory.-Orlglnal, §1, ch. 14740, 1931 ; CGL .1936 Supp. 6962(1); repealed by §21, ch. 22856, 1945.

Present section, §11, ch. 22856, 1945.

534.12 Duties of law enforcement officers.­All law enforcement officers, including citrus in­spectors, gasoline inspectors, all other inspectors of the department of agriculture and highway patrolmen in the State of Florida, are hereby authorized to stop any person or persons trans­porting cattle and to inspect the evidence of ownership set forth herein, and any person, firm or corporation transporting cattle without the evidence of authority· required herein shall be deemed gu.ilty of a misdemeanor and upon con­viction shall be punished according to law.

History.-Orlglnal, §2, ch. 14740, 1931; CGL 1936 Supp. 6962 (2) ; repealed by §21, ch. 22856, 1945.

Present section. §12, ch. 22856, 1945.

1995 LIVESTOCK; MARKS AND BRANDS; STAMPING BEEF §534.25

534.13 Inspection fees.-Fees to be charged for inspection under this chapter shall be as follows:

(1) For recording marks and brands and stamping hides and carcasses of butchered cat­tle, for each carcass of five or less offered by the same party at one time, twenty-five cents; for more than five and less than twenty, fifteen cents; all over twenty, ten cents.

(2) For inspecting and recording marks and brands of livestock under the terms of this chapter, ten cents per head, regardless of num­ber, to be paid by the owner or seller.

Hlstory.-Origlnal, §3, ch. 14740, 1931; CGL 1936 Supp. 6962 (3) ; repealed by §21, ch. 22856, 1945.

Present section, §13, ch. 22856, 1945. Sub. § (2) am. §3, ch. 26898, 1951.

534.14 Killing cattle without inspection.­It shall be unlawful for any person to kill any cattle (one or more) in the State of Florida with­out having the same inspected by a regularly appointed inspector; provided, that the butcher­ing of any such animal by the owner or his or her agent, if killed in the presence of one or more disinterested reputable persons, shall not be unlawful.

Hlstory.-Or!glnal, §4, ch. 14740, 1931 ; CGL 1936 Supp. 6962(4); repealed by §21, ch. 22856, 1945.

Present section, §14, ch. 22856, 1945.

534.15 Mutilation of marks and brands.­Any person who shall offer for sale any slaugh­tered beef without subjecting to and procuring inspection of the hides containing the unmuti­lated ears, or who shall mutilate. such ears be­fore inspection, shall be punished as herein pro­vided.

Hlstory.-Orlglnal, §5, ch. 14740, 1931; CGL 1936 Supp. 6962 (5) ; repealed by §21, ch. 22856, 1945.

Present section, §15, ch. 22856, 1945. cf.-§534.18, Penalties.

§817 .24 et seq., Same.

534.16 Claim of ownership without title.-­It shall be unlawful for any person, firm or cor­poration to have the possession of cattle under claim of ownership when in fact said person, firm or corporation does not own said cattle.

Hlstory.-Orlglnal, §6, ch. 14740, 1931 ; CGL 1936 Supp. 6962(6); repealed by §21, ch. 22866, 1946.

Present section, §16, ch. 22856, 1945.

534.17 Appointment of inspectors. - The· commissioner of agriculture is authorized to appoint as many inspectors hereunder as he deems advisable and to fix their compensation. Said inspectors shall furnish a surety bond in such amount as required by the commissioner of agriculture. Said inspectors shall collect and promptly remit to the commissioner of agricul­ture the fees provided for and required to be paid under this chapter, which fees shall be paid into the state treasury of Florida and be­come a part of the general inspection fund, from which general inspection fund the salaries of in­spectors hereunder and all expenses incurred in the enforcement of this chapter shall be paid.

Hlstory.-Orlg!nal, §7, ch. 14740, 1931; CGL 1936 Supp. 6962(7); repealed by §21, ch. 22856, 1945.

Present section, §17, ch. 22856, 1945.

534.18 Penalties.-Any person who shall vio­late any provision of this chapter, either by doing anything forbidden or failing to do and' perform anything required hereby, shall be guil­ty of a misdemeanor and, upon conviction, shall be punished by a fine· of not more than five hun­dred dollars, or imprisonment for not more than six months.

Hlsto ry.-Orlglnal, §8, ch. 14740, 1931; CGL 1936 Supp. 6962 (8) ; repealed by §21, ch. 22856, 1945.

Present section, §18, ch. 22856, 1945.

534.19 Injunctions.-In addition to the rem­edies provided in this chapter, and notwithstand­ing the existence of any adequate remedy at law, the commissioner is hereby authorized 1;(} 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 perma­nent injunction, or both, restraining any per­son from violating or continuing to violate any of the provisions of this chapter, or for failing or refusing to comply with the requirements of this chapter, or any rule or regulation duly promulgated as in this chapter authorized, such injunction to be issued without bond.

Hlstory.-Orlglnal, §9, ch. 14740, 1931; CGL 1936 Supp. 6962 (9); repealed by §21, ch. 22856, 1945.

Present section, §19, ch. 22856, 1945.

534.20 Repealed.-History.-Orlglnal, §10, ch. 14740, 1931; CGL 1936 Supp .

6962 (10) ; repealed by §21, ch. 22856, 1945. Present section, §19A, ch. 22856, 1945. Repealed by § 4, ch. 26898, 1951.

534.201 Limitation on certain counties to comply with chapter.-Any county of this state which borders upon any other state and which lies east of the Perdido river and west of the St. Marys river, including Suwannee and Levy counties, shall have one year from July 31, 1951 to register any marks or brands required under the provisions of this chapter.

Hlstory.-comp. §5, ch. 26898, 1951.

534.21 Repealed.-History.-§11, ch. 14740, 1931; CGL 1936 Supp. 6962(11);

repealed by §21, ch. 22856, 1945.

534.22 Repealed.-History.-§13, ch. 14740, 1931; CGL 1936 Supp, 7288(2) ;

repealed by §21, ch. 22856, 1945.

534.23 Repealed.-History.-§4, ch. 5234, 1903; GS 3115; RGS 4866 ; CGL

6953; repealed by §21, ch. 22856, 1945.

534.24 Repealed.-History.-§5, ch. 5234, 1903; GS 3116; RGS 4867; CGL

6954; repealed by §21, ch. 22856, 1945.

534.25 Repealed.-History.-§6, ch. 5234, 1903; GS 3117 ; RGS 4868; CGL

6955; r epealed by §21, ch. 22856, 1945.

534.26 Repealed.-Btstory.-§§7, 8, cb. 5234, 1903; GS 3118; RGS 4869; CGL

6956; repealed by §21, ch. 22856, 1945.

§534.27 LIVESTOCK; MARKS AND BRANDS; STAMPING BEEF 1996

534.27 Repealed.-History.-§§9, 10, ch. 5234, 1903; GS 3119, 3339; RGS

4870, 5180; CGL 6957, 7283; repealed by §21, ch. 22856, 1945.

534.28 Repealed.-History.-§11, ch. 5234, 1903; GS 3120; RGS 4871; CGL

6958: repealed by §21; ch. 22856, 1945.

534.29 Repealed.-History.-§12, ch. 5234, 1903 ; GS 3121; RGS 4872; CGL

6959; repealed by §21, ch. 22856, 1945.

534.30 Repealed.-History.-§13, ch. 5234, 1903; GS 3122; §3, ch. 6666, 1907;

RGS 4873, CGL 6960; repealed by §21, ch. 2285&, 1946.

534.31 Repealed.-History.-§13, ch. 5234, ' .903: GS 31.2-'1. 3340: §1. ch. 6965.

1909; RGS 4874, 5181, 5182; §1, ch. 10155, 1926; CGL 696::., 7284, 721!~; repealed by §21, ch. 22856, 1945.

534.32 Repealed.-History.-§16, ch. 5234, 1903; GS 3124; §4, ch. 5666, 1907;

RGS 4875; CGL 6962; repealed by §21, ch. 22856, 1945.

534.33 Repealed.-History.-§1, ch. 7385, 1917; RGS 4876; CGL 6963; re­

pealed by §21, ch. 22856, 1946.

534.34 Repealed.-History.-§2, ch. 7385, 1917; RGS 4877; CGL 6964; re­

pealed by §21, ch. 22856, 1945.

534.35 Repealed.-History.-§2, ch. 7385, 1917; RGS 4878; CGL 6965; re­

pealed by §21, ch. 22856, 1945.

534.36 Repealed.-History.-§3, ch. 7385, 1917; RGS 4879; CGL 6966; re­

pealed by §21, ch. 22856, 1945.

534.37 Repealed.-History.-§4, ch. 7385, 1917; RGS 4880; CGL 6967; re­

pealed by §21, ch. 22856, 1945.

534.38 Repealed.-History.-§14, ch. 6234, 1903; GS 3341; RGS 6183; CGL

7286; repealed by §21, ch. 22856, 1945.

534.39 Repealed.-History.-§§1, 2, 3, ch. 5665, 1907; RGS 6184; CGL 7287;

repealed by §21, ch. 22856, 1945.

534.40 Repealed.-Histor y.-§5, ch. 4048, 1891; §2, ch. 4977, 1901; §15, ch.

5234, 1903; GS 3342; RGS 5185; CGL 7288; repealed by §21, ch. 22856, 1945.

534.41 Repealed.-History.-§5, ch. 5234, 1903; GS 3338; RGS 5179 ; CGL

7282; repealed by §21, ch. 22856, 1945.

534.42 Repealed.-History.-§1, ch. 20968, 1941; repealed by §21, ch. 22856,

1945.

534.43 Florida beef to be so marked.-Every person, firm or corporation operating a res­taurant or any other eating place, or a retail or wholesale meat market, or. a packing house, in this state, and who sells beef that was raised, produced and slaughtered in Florida, either cooked or raw, shall mark, stamp, or describe the same by the following words "Produce<t in Florida." or "Florida Beef" in the manner hereinafter prescribed.

History.-Comp. §1, ch. 25183, 1949.

534.44 Packing houses, etc.; duty to stamp; state live stock sanitary board to enforce.­Packing houses and wholesale and retail meat markets shall plainly stamp on each carcass or cut of beef before sale, the words prescribed in §534.43, and in all advertising as to the sale of such beef shall include the same words.

It shall be the duty of the state live stock sanitary board through its agents or inspectors to enforce the provisions of this section.

Hlstory.-Comp. §2, ch. 25183, 1949.

534.45 Restaurants, etc., to designate Flor­ida beef on menus; hotel commission to en­force.-Restaurants or other eating places ad­vertising their meals or food, by menus or otherwise, shall set out plainly in such menu or advertisement as to beef the words pre­scribed in §534.43.

It shall be the duty of the state hotel com­mission through its agents or inspectors to enforce the provisions of this section.

History.-Comp. §3, ch. 26183, 1949.

534.46 Penalty for violations.-(!) Any person violating any of the provi­

sions of §§534.43-534.46 or failing to comply with any of the requirements hereof shall be deemed guilty of a misdeameanor and upon conviction shall pay a fine not exceeding five hundred dollars or be imprisoned in the county jail not exceeding six months.

(2) Nothing in §§534.43-534.46 shall be con­strued to prohibit the use of additjonal words in describing the grade, quality or kind of

. such beef, provided that no words, initials or symbols shall be used to indicate that the beef is other than beef produced in Florida.

History.-Comp . . §§4, 5, ch. 25183, 1949.

1997 TIMBER AND LUMBER §536.09

CHAPTER 536 TIMBER AND LUMBER

536.01 Appointment and removal of inspectors. 536.02 Inspectors to qualify and give bond. 536.03 Duties of inspector. 536.04 · Measure to be used. 536.05 Fees. 536.06 Penalty for violation of 1.536.03. 536.07 Duty of inspector. 536.08 Classification. 536.09 "Class A" timber. 536.10 "Class B" timber. 536.11 "Class C" timber. 536.12 Duty of governor. 586.13 Stamp or brand for logs.

536.01 Appointment and removal of inspec­tors.-The governor shall appoint a sufficient number of timber and lumber inspectors in each county of the state, who shall hold their

· ·offices for four -years, subject to removal by the governor for good cause shown. The in­spectors shall receive the compensation and be subject to the rules prescribed by law.

Hlstory.-Ch. 2091, 1877; RS 884; GS 1244; RGS 2381; CGL 3790.

536.02 Inspectors to qualify and give bond. -The inspector shall qualify and give bond in the sum of five hundred dollars before he shall be commissioned, in like manner, and said bond shall be approved in like manner, as is provid­ed by general law concerning the qualifying and bonds of county officers.

Hlstory.-Ch. 3898, 1889; RS 885; GS 1245; RGS 2382; CGL 3791. cf.-§137.01, Bonds required by county officers.

536.03 Duties of inspector.-When any per­son desires the attendance and service of any inspectors of lumber, he shall give notice and inform all interested parties of his intention of calling for the aid of such inspector, at least three days previous to the time when he shall require said inspector to inspect and measure the lumber in question. The inspector, when summoned, shall attend at the place and the day to which he may be called, and faithfully measure all lumber he may be required to do, and any report and return he may make con­cerning thereof shall be received as the cor­rect measurement of the same; provided, nevertheless, that the several interested parties may, at all times, be . at liberty to establi~h the incorrectness of such return and report, m any suit regularly commenced in any court of this state having jurisdiction of the same.

Hlstory.-§2, Nov. 21, 1822; RS 887; GS 1246; RGS 2383; CGL 3792.

536.04 Measure to be used.-Doyle's rule and log book for the measurement of saw logs is adopted as the standard rule for the mea­surement of saw logs, whether round or square, which are required to be scaled or measured within the limits of this state.

Hlatory.-§4, ch. 3898, 1889; RS 888; GS 1247; RGS 2384; CGL 3793.

536.05 Fees.-The inspectors s~all recei_ve the following fees for their services, to-wit: Twelve and a half cents for every thousand

536.14 Brands to be recorded by clerk of circuit court.

536.15 May prevent use by others. 536.16 Prima facie evidence of ownership. 536.17 Where two or more brands the same. 536.18 Defacing the mark or brand of lumber and

timber. 536.19 Unlawful use of recorded log brand or

stamp. 536.20 Inspection, buying or selling timber by

illegal standard; penalty. -536.21 Penalty for false representations, etc.

superficial feet of ranging lumber, and twenty­five cents for every hundred cubic feet of live oak or cedar timber or lumber, and fifty cents for every thousand staves they may inspect and count; which fees may be recovered in any court having jurisdiction thereof, from the several parties interested in the measuring and inspecting the lumber measured and in­spected, who are made jointly and severally liable therefor. Such fees shall be deposited in the state treasury to the credit of the gen­eral revenue fund and the legislature shall include in its biennial appropriations act suf­ficient sums for the payment of the compensa­tion and expenses of inspectors in the admin­istration of this chapter.

Hlstory.-§1, ch. 262, 1849; §1, ch. 1135, 1861; RS 890; GS 1248; RGS 2385; CGL 3794.

Am. § IJO, ch. 26869, 1951.

536.06 Penalty for violation of §536.03. -If any person transports from any county of this state any lumber or staves without complying with the provisions of §536.03, after he has been notified by any person interested in said lumber of his wish and intention to have the same so measured, he shall forfeit to the state a sum not exceed­ing two hundred dollars.

Hlstory.-§2, Nov. 21, 1828; RS 889; GS 1249; RGS 2386; CGL 3795.

536.07. Duty of inspector.-When a commis­sioned timber inspector or any other person in this state shall furnish specifications or cer­tificates of inspection of sawn pitch pine tim­ber inspected by him or under his commission, each specification or certificate of inspection shall show and describe correctly the classifi­cation of each piece of timber embraced in the specification or certificate of inspection.

Hlstory.-§1, ch. 4416, 1896; GS 1250; RGS 2387; CGL 3796.

536.08 Classification.-For the purpose of this chapter the classification of timber shall be "Class A," and "Class B," and "Class C."

Hlatory.-§2, ch. 4415, 1895; GS 1261; RGS 2388; CGL 3797.

536.09 "Class A" timber.-Within ·~class A" shall be included only timber of the following description: Timber showing heart from end to end on all faces, strictly square edged, sound and saw-butted, and free from circle shakes.

37:~tory.-§3, ch. 4416, 1896; GS 1262; RGS 2389; CGL

§536.10 TIMBER AND LUMBER

536.10 "Class B" timber.-Within "Class B" shall be included only timber of the following description: Timber showing heart from end to end on one face, heart on three other faces, strictly square edged, on at least two corners sound and · saw-butted. Wane may be allowed on one corner to the extent of one-sixth of the length of each stick. Width for one wane on one corner shall not exceed two and one-half inches across at the widest part. If wane on two corners, the combined width of same shall not exceed two and one-half inches. No mid­dle wane allowed.

Hlstory.-§4, ch. 4415, 1895; GS 1253; RGS 2390; CGL 3799.

536.11 "Class C" timber.-Within "Class C" shall be included all timber not included in "Class A" or "Class B."

Hlstory.-§5, ch. 4415, 1895; GS 1254; RGS 2391; CGL 8800.

536.12 Duty of governor.- The governor shall revoke the commission of any commis­sioned timber inspector in this state violating any of the provisions of this chapter, upon satisfactory proof to him of such violation.

Hlstory.-§7, ch. 4416, 1895; GS 1255; RGS 2392; CGL 3801.

536.13 Stamp or brand for logs.-Any per­son engaged in this state in the business of getting out, buying, selling or manufacturing saw logs, may adopt a stamp or brand for such logs, of such design as he may select.

Hlstory.-§1, ch. 4738, 1899; GS 1266; RGS 2393; CGL 3802.

536.14 Hrands to be recorded by clerk of circuit court.-A person may execute a written declaration that he has adopted a brand, de­scribing it, and after acknowledgment of such declaration before any officer authorized to taKe acknowledgments of deeds, may have the same recorded by the clerk of the circuit court in the record of mortgages, in any county in which he may desire to own or have in posses­sion saw logs.

Hlstory.-§2, ch. 4738, 1899; GS 1257; RGS 2394; CGL 3803.

536.15 May prevent use by others.-Any person who has had his brand recorded in any county, may prevent other persons from using the same in said county by a writ of injunction, restraining such use.

Hletory.-§4, ch. 4738, 1899; GS 1258; RGS 2395; CGL 3804. cf.-Ch. 64, Injunctions.

536.16 Prima facie evidence of ownership. -Any log found in any county branded ·with a brand recorded in said county by any person shall be deemed prima facie to be the property of such person.

Hlstory,-§5, ch. 4738, 1899; GS 1259; RGS 2396; CGL 3806.

,

1998

536.17 Where two or more brands the same. -Ih case there shall be recorded in the · same county two or more brands the same, or sub­stantially the same, the brand first recorded shall be the lawful brand, and the other shall be of no effect under this chapter.

Hletory.-§6, ch. 4738, 1899; GS 1260; RGS 2397; CGL 3806.

536.18 Defacing the mark or brand of lum­ber and timber.-If any person shall fraudu­lently alter, change or deface the duly record­ed mark, brand, or stamp of any lumber, logs or timber, or shall fraudulently mark, brand or stamp any unmarked or unstamped or un­branded lumber, logs or timber, with intent to claim the same or to prevent identification by the owner or owners thereof, the person so offending shall be punished as if he had com­mitted larceny of the same property.

Hlstory.-§1, ch. 4191, 1893; GS 3708; RGS 5659; CGL 7862. cf.-§811.01, Punishment for grand larceny.

§811.02, Petit larceny. ,

536.19 Unlawful use of recorded log brand. or stamp.-Any person who shall unlawfully use any recorded log brand or stamp of another shall be punished, upon conviction thereof, by fine of not exceeding five hundred dollars, or imprisonment for not exceeding ninety days.

Hlstory.-§3, ch. 4738, 1899; GS 3709; RGS 5660; CGL 7863. cf.-§775.06, Alternative punishment.

536.20 Inspection, buying or selling timber by illegal standard; penalty.-Any person buy­ing or selling logs or square timber by any other measure or scale than Doyle's rule and log book, or any timber inspector willfully making return of any inspection scale or measurement of timber except according to said book, shall be punished by fine of not exceeding two hun­dred dollars for each offense, or by imprison­ment for not exceeding six months; provided, when it is mutually agreed between the buyer and the seller, a measure or scale other than Doyle's rule book may be adopted and a sur­vey can be made by a party other than a com­missioned inspector.

Hlstory.-RS 2720, 2721; §§4, 5, ch. 3898, 1889; GS 3710; RGS 5661; CGL 7864. cf.-§775.06, Alternative punishment.

536.21 Penalty for false representations, etc.-Any commissioned timber inspector or other person furnishing specifications or cer­tificates of inspection of sawed pine timber in this state, who shall falsely represent, or fail to show on such specification or certificate, the classification of such timber by law, shall be punished by a fine not exceeding one hundred dollars, or by imprisonment not exceeding thir­ty days.

Hlstor:r.-§6, ch. 4415, 1895; GS 3711; RGS 5662; COL 7865. cf.-§776.06, Alternative punishment.

1999 COMMERCIAL DISCRIMINATION §540.07

CHAPTER 540

COMMERCIAL DISCRIMINATION

540.01 Unfair discrimination and competition pro­hibited.

540.02 Duty of state attorneys, · etc. 540.03 Complaints made to secretary of state;

duty.

540.01 Unfair discrimination and competi­tion prohibited.-Any person doing business in the State of Florida, and engaged in the pro­duction, manufacture, sale or distribution of any commodity in general use, that shall, for the purpose of destroying the business of a competitor in any locality, discriminate be­tween different sections, communities, or cit­ies of this state by selling such commodity at a lower rate in one section, community or city, than is charged for said commodity by said

· party in another section, community or city, after making due allowance for the difference, if any, in the grade or quality and in the actual cost of transportation from the point of pro­duction, if a raw product, or from the point of manufacture, if a manufactured product, shall be deemed guilty of unfair discrimination, which is declared unlawful.

Hlstory.-§1, ch. 6945, 1915; RGS 2517; CGL 3939. cf.-§§850.08, 32, 42, Discrimination In rates by rail carriers.

§§364.09, 12, Discrimnatlon by telegraph and tele­phone.

§635.02, Discrimination by life Insurers. §540.06, Penalty.

540.02 Duty of state attorneys, etc.-The state attorneys, county solicitors and prosecut­ing attorneys in their counties, and the attor­ney general shall enforce the provisions of §540.01 by appropriate actions in courts of competent jurisdiction.

Hlstory.-§3, ch. 6945, 1915; RGS 2518; CGL 3940.

540.03 Complaints made to secretary of state; duty.-If complaint shall be made to~he secretary of state that any corporation author­ized to do business in this state is guilty of unfair discrimination within the terms of this chapter, the secretary of state shall refer the matter to the attorney general who may, if the facts justify it in his judgment, institute pro­ceedings in the courts against such corpora-tioo. , Hls~orJ0.-§4, ch. 6945, 1915; RGS 2519; CGL 3941.

540.04 Secretary of state to revoke permit of corporation found guilty of discrimination. -If any corporation, foreign or domestic, authorized to do business in this state, is found guilty of unfair discrimination within the terms of this chapter, the secretary of state shall immediately revoke the permit of such corporation to do business in this state.

History.-§6, ch. 6945, 1915; RGS 2620; CGL 8942.

. '

540.04 Secretary of state to revoke permit of cor­poration found guilty of discrimination.

540.05 Ouster of corporation found guilty. 540.06 Unfair commercial discrimination prohib­

ited; penalty. 540.07 Tobacco warehouses; charges, fees, penal­

ties.

540.05 · ouster of corporation found guilty. -If after revocation of its permit, such cor­poration, or any other corporation not having a permit and found guilty of having violated any of the provisions of this chapter, shall con­tinue or attempt to do business in this state, the attorney general, by a proper suit in the name of the State of Florida, shall oust such corporation from all business of every kind and character in this state.

Hlstory.-§6, ch. 6946, 1915; RGS 2521; CGL 3943.

540.06 Unfair commercial discrimination prohibited; penalty.-Any person, firm, com­pany, association or corporation violating any of the provisions of §540.01, and any officer, agent or receiver of any firm, company, asso­ciation or corporation, or any member of the same, or any individual, found guilty of a violation thereof, shall be fined not more than five thousand dollars or be imprisoned in the county jail not to exceed one year.

Hlstory.-§2, ch. 6946, 1916; RGS 5668; CGL 7871. cf.-§776.06, Alternative punishment.

540.07 Tobacco warehouses; charges, fees, penalties.-

(!) Beginning with the enactment and ap­proval of this law, maximum charges and ex­penses of handling and selling leaf tobacco up­on the floor of the tobacco warehouses of this state shall not exceed the following schedule, to wit:

For auction fees, fifteen cents on all piles of one hundred pounds or less and twenty-five cents on all piles over one hundred pounds. For weigh­ing and handling, ten cents per pile of all piles of one hundred pounds and ten cents for each additional one hundred pounds for commissions on the gross sales of leaf tobacco in said ware-houses not to exceed two and one-half per cent of said gross sales. The proprietor of each and every warehouse shall render to each seller of tobacco at his warehouses a bill plainly stating the amount charged for weighing and handling, the amounts charged for auction fees, and the amounts charged for commission on each sale.

(2) It shall be unlawful for any charges in excess of those named in this section to be made or accepted and any . proprietor or person in charge of a leaf tobacco warehouse in this state violating this section shall be guilty of a mis­demeanor and punished for the same. Hl~tor:r.-U1, 2, ch. 21776, 1943 .

§541.001 FAIR TRADE LAW 2000

CHAPTER 541

FAIR TRADE LAW

541.001 Findings of fact. 541.01 Short title. 541.02 Definitions. 541.03 Contract may govern price of sale or resale. 541.04 Inducements to evade contract restrictions

prohibited.

541.0(}1 Findings of fact.-(1) It is hereby found, determined and de­

clared that the public interests and general wel­fare of the State of Florida will best be served by permitting the maintenance of minimum re­sale prices of trade-marked, branded or named commodities which are in free and open com­petition with commodities of a like kind and quality; and

(2) It is found, determined and declared that without minimum resale price maintenance of tradecmarked, branded and named commodi­ties which are in free and open competition with commodities of the same general class, small retail merchants with limited purchasing power cannot survive the price wars or price cutting operations of large retail stores which, after forcing the small retailers out of business by such operations gain a virtual monopoly on the retail channels of commerce, contrary to the general welfare and public interest; and

(3) It is hereby found, determined and de­clared that predatory cutting of established prices of trade-marked, branded or named prod­ucts, as a deceptive means of unfairly luring from competitive merchants their customers, and for other purposes, has been the most potent weapon to which the great and destructive trusts have resorted most frequently, thereby to weaken and destroy their smaller competi­tors financially unable to endure resultant losses. By such misleading practice there is established in the trading area affected a vir­tual monopoly of distribution interposed be­tween the producer and the public, by which the monopolist may extort at will from the con­sumer, while dictating prices and product qual­ity dilutions to the producer, all contrary to the general welfare and public interest of the citi­zens of Florida; and

(4) Such predatory price cutting is injuri­ous to the general public as distinguished from a particular group or class thereof, and is also injurious to the good will and business of the producer and the distributor of c?mm~di~ies bearing a trade-mark, brand or tdentifymg name; and

(5) Prohibiting the unfair and discrimina­tory practice of price cutting of trade-marked, branded or named commodities which are in free and open competition with commodities of the same general class produced or distributed by others will foster and encourage free and honest competition and will safeguard the gen­eral public against the creation or perpetua­tion of monopolies; and

(6) The public interest and general wel­fare of the state require the permissive or op-

541.05 Owner alone may establish resale price. 541.06 Exceptions. 541.07 Suit at law for violation of chapter. 541.08 Law not applicable to certain contracts. 541.09 Contracts obstructing competition; attorney

general to investigate.

tiona} maintenance of minimium resale prices established in accordance with the provisions of this chapter by producers or distributors of trade-marked. branded or named commodities which are in free and open comp.etition, as a permanent public policy of the state, at all times, including periods of deflation or infla-tioo;~d ·

(7) This chapter is enacted as an exercise of the police power of this state, in order to serve the general welfare of the citizens of Flor ida and with the further objective of preventing monopoly.

History.-Comp. §1, ch. 25204. 1949.

541.01 Short title.-This chapter may be known and cited as the "Florida fair trade law."

Hlstory.-§10, ch. 18395, 1937 · §10 ch. 19201 1939· CGL 1940 Supp. 7100(14) . ' ' ' '

Original ch. 541 held unconstitutional In Liquor Store v Contine1_1ta l Distilling Corp. ,-Fla .-, 40 So. (2d) 371 · pres~ ent s ect10n comp. §13, ch. 25204, 1949. '

· 541.02 ~efinitions.-The following terms, as used in this chapter, are hereby defined as follows:

(1) "Commodity" means any subject of com­merce.

(2) "Producer" means any grower, baker, maker, manufacturer, bottler, packer converter processor or publisher. ' '

(3) "~holesaler" means any persqn selling a commodity other than a producer or retailer.

I. 4) "Retailer" means any person selling a commodity to consumers for use.

(5). "Person" me~ns an individual, a cor­poration, a partnershw, an association, a joint­stock company, a busmess trust or any unin­corporated organization.

Hlstory.-§1, ch. 19395, 1937; §1, ch 19201 1939· CGL 1940 Supp. 7100 (15). · • •

priglnal ch. 541 held unconstitutional In Liquor Store v Continental Distilling Corp.,-Fla.-, 40 So. (2d) 371· pres: ent section comp. §2, ch. 25204, 1949. '

541.03 Contract may govern price of sale or resale.-

. (1) No contract relating to the sale or resale of a ~ommodit~ which bears, or the label or contamer .of wh1ch bears, the trade-mark brand or name. of the pro.ducer or distributor ~f such commodity a!!? wht?h commodity is in free and open competition With commodities of the same general class produced or distributed by others shall be deemed in violation of any law of the Sta~e of Flo.ri.da by reason of any of the :fol~ lowmg provisions which may be contained in such contract:

(a) That the buyer will not resell such com~