AGRICULTURAL INSECTICIDES AND FUNGICIDES

Transcription

1 AGRICULTURAL INSECTICIDES AND FUNGICIDES that the manufacturer's label guarantee has not been met within the variation provided in this chapter, then and in that case penalty provisions of this chapter do prevail and the said certificates shall be admissible in any court of competent jurisdiction. I Powers of commissioner; rules and regulations.-the commissioner of agriculture shall administer and enforce the provisions of this chapter, except those provisions coming directly under the authority of the state chemist, and shall promulgate rules and regulations for carrying out the provisions of this chapter including all procedures not inconsistent with this chapter. No rule or regulation shall become effective until the expiration of thirty days after it shall have been first promulgated, signed and published by the commissioner Licenses and registration fees, etc. For the purposes of defraying expenses of the commissioner of agriculture and state chemist in connection with carrying out the provisions of this chapter, each person manufacturing or importing for sale or selling agricultural insecticides or fungicides for sale within the State of Florida shall pay to the commissioner of agriculture each year, a fee of one hundred twenty-five dollars for a license to manufacture or sell agricultural insecticides. They shall also pay to the commissioner of agriculture the sum of two dollars and fifty cents as a fee for :t:egistering each and every brand of agricultural insecticide or fungicide. In cases where the license or registration fees have been paid as required in this section, either by manufacturer or importer or agent, then and in that event, nothing in this section shall be construed as applying to retail dealers or jobbers Deficiencies in guaranteed analysis, etc.-for deficiencies in guaranteed contents or analysis of agricultural insecticides or fungicides sold or offered for sale within the provisions of this chapter. ' (1) TOLERANCE PROVIDED BY LAW. No deficiency shall be claimed, in connection with the analysis or report on the analysis of any sample of agricultural insecticide or fungicide, wherein the deficiency is less than three per cent of the amount of one or more of the active ingredients guaranteed on the label to be present. (2) MINOR DEFICIENCY PROVISIONS. In case the deficiency shall be more than three per cent but less than five per cent of the guaranteed contents of one or more active ingredients, such deficiency shall be considered a minor one and not knowingly or intentionally done to misbrand the product or defraud the purchaser. In such cases the purchaser of such products shall have the option of either one of the two following methods of settlement and the seller shall be required to settle with the buyer under the provisions of the following options in either of which the buyer may elect; provided that buyer notifies seller in writing of his intentions within thirty days after date on which the state chemist mails his report to buyer; and provided further that seller is required to effect full and complete settlement with buyer within thirty days after receipt of notice from buyer. (a) Buyer may keep all or any part of product on a revalued basis of price of product. In such case the revalued price of product kept by buyer, shall bear the same ratio to the original price as the content of the various guaranteed active ingredients as reported by state chemist bears to label guarantee as to content of such active ingredients. (b) Buyer may refuse to accept or may return to seller, at expense of seller, all or any part of product. For such part or amount of product buyer refuses or returns to seller, no payment shall be due or become due or collectable by seller, and seller shall refund promptly to buyer any moneys paid to seller for products refused or returned by buyer plus any and all transportation costs paid to common carriers by buyer or reasonable transportation or handling costs which have been borne by buyer directly. In case part of the products have been used by buyer prior to receipt of report on analysis by state chemist, such part shall be paid for by buyer as provided under option (a). (3) MAJOR DEFICIENCY PROVISIONS AND PENALTIES. Where the deficiency is greater than five per cent of the guaranteed contents of active ingredients, as shown by analysis and report of state chemist, then the deficiency shall be considered a major one and the seller in this case shall be considered guilty of a misdemeanor. (a) Buyer may elect to keep all or any part of the products and settle for them on a revalued basis as provided for in option (a) under minor deficiency provisions of this section. (b) In case buyer elects not to keep any part of the products he may elect to return same to seller, at expense of seller, and recover from seller all money paid by him for such products, including any part of such products used before receipt of report on analysis from state chemist; also including any and all transportation costs paid to common carrier by buyer or reasonable transportation or handling costs which have been borne by buyer directly Stoppage of sales by commissioner. -The commissioner of agriculture shall withhold from sale any agricultural insecticide or fungicide which is misbranded, not branded, or irregular in any way until such lot of agricultural insecticide or fungicide shall comply with the terms and provisions of this chapter Certain products exempt from chapter.-n o section or provision of this chapter shall be construed as referring or applying to agricultural insecticides or fungicides stored by manufacturers or importers for use in manufacturing, nor shall it be construed as applying to sales of such insecticides or fungicides

2 AGRICULTURAL INSECTICIDES AND FUNGICIDES by one manufacturer or importer to another; provided that manufacturers or importers are not required to attach labels to agricultural insecticides or fungicides until they are offered for sale General inspection fund.-all funds collected under the provisions of this chapter shall be paid into the general inspection fund of the state and shall be available to the commissioner of agriculture and the state chemist for use in carrying out the provisions of this chapter Penalties for violations.- Anyone failing to comply with the provisions of this chapter, or violating any of such provisions, shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not exceeding fifty dollars for the first offense and not exceeding two hundred dollars for any subsequent offense. cf Punishment by fine alone.

3 INSPECTION, TESTING, LABELING AND CERTIFICATION OF SEEDS CHAPTER 578 INSPECTION, TESTING, LABELING AND CERTIFICATION OF SEEDS Definitions Inspection, bureau created Employees Rules and regulations Certification of seed Fees for certification Unlawful to use words "certified," "registered" or "inspected." Registrations Label requirements Exemptions Definitions. - In construing this chapter, where the context permits, the word, phrase or term: (1) "Commissioner" shall mean the commissioner of agriculture of Florida; (2) "Department" shall mean the department of agriculture of Florida; (3) "Place" shall mean any vessel, railroad car, automobile or other vehicle, building or premises where seeds are kept, grown or handled; ( 4) "Seeds" shall include the seed of those annual crops usually grown on farms and in gardens, commonly known as "field and grass seeds" and as "vegetable seeds";. (5) "Agricultural seeds" shall include the seeds of grass, forage, cereal and fiber crops and any other kinds of seeds commonly recognized within this state as agricultural or field seeds, and mixtures of such seeds. (6) "Vegetable seeds" shall include the seeds of those crops which are grown in gardens or on truck farms, and are generally known and sold under the name of vegetable seeds in this state. (7) "Weed seeds" shall include the seeds of all plants generally recognized as weeds within this state, and shall include noxious-weed seeds. (8),;Noxious-weed seeds" are the seeds of perennial weeds such as not only reproduce by seed, but also spread by underground roots or stems, and which, when established, are highly destructive and difficult to control in this state by ordinary good cultural practice. "Noxiousweed seeds" in this state are the seeds of: Garlic or wild onion-allium vineal Bermuda grass--cynodon dactylon-except when sold as such Quack grass-agropyron repens Dodder--cuscuta species Johnson grass-sorghum halepense--except when sold as such Nut grass--cyperus rotundus Canada thistle--cirsium arvense Cornockly-agrostemma githago Provided, that the commissioner may add to or substract from the list of seeds included under this definition whenever he finds, after public hearing, that such additions or substractions are within the respective definitions. (9) "Labeling" includes all labels, and other written, printed, or graphic representations, in Duties and authority of the commissioner Seizure Prohibitions Packaged seeds Enforcement Notice of shipment Operating fund Penalty Sale of garden, melon and other vegetable seed Short title. any form whatsoever, accompanying a~d pertaining to any seed whether m bulk or m containers, and includes invoices. (10) "Advertisement" means all.repre~entations other than those on the label, dissemmated in ar:y manner or by any means, relating to seed within the scope of this law. (11) "Stop-Sale" shall include any written or printed notice or order, given or issued by the Commissioner, or his authorized agents, to the owner or custodian, of any lot of agricultural or vegetable seeds, in the State of Florida, directing such owner, or custodian, not to sell, offer, or expose such seed for sale, within the State of Florida, until the requirements of this law shall have been complied with. (12) "Wholesale~" shall inclu.de ever:y person engaged in the busmess of selhng agncultural or vegetable seeds in the State of Florida for resale. (13) "Retailer" shall include ever~ person engaged in the business of selling agricultural or vegetable seeds other than the wholesaler. (14) "Seed potatoes" shall mean and include tubers of the Irish potato and sweet potato varieties and slips, plants or vines grown or produced from the latter which are grown and intended to be used for seed or planting purposes. (15) "Certified seed" shall mean such seed potatoes and agricultural, vegetable and other seeds as shall have been inspected during their period of growth and preparation for market by the department or its authorized agents (or by the legally constituted inspection officials of the state in which such seed potatoes or agricultural vegetable or other seeds were grown o; by such other agencies as may be appro;ed or recognized by the commissioner of agriculture) and found to be reasonabl! free from diseases and other defects, as specified in the rules and regulations issued by the commissioner under the provisions of this chapter. (Am. 2, ch , 194-1, and 1, ch , 194-1) Inspection bureau created.- There is created and established a state seed inspection bureau under the supervision of the state commissioner of agriculture, and all the authority of this chapter and the duties prescribed shall be exercised and performed by said commissioner.

4 INSPECTION, TESTING, LABELING AND CERTIFICATION OF SEEDS ' Employees.-The commissioner may employ such assistants, inspectors, specialists and others as may be necessary to carry out the provisions of this chapter, fix their salaries and pay same from such funds as may be available for the purpose; provided that seed analysts and other technical employees shall be duly qualified by education and experience Rules and regulations.-the commissioner of agriculture, after giving due public notice, may adopt and publish such rules and regulations as may be deemed necessary in order to secure the efficient enforcement of thi.,s chapter Certification of seed.- Any grower of seed potatoes, agricultural or vegetable seeds, located in Florida, may make application to the commissioner for inspection and certification of his crop for seed purposes, under such rules and regulations as the commissioner may issue. 'The commissioner, or his authorized agents, shall issue such certificates of inspection and designate or provide such official tags for marking containers of "certified seed," and establish such standards of grade and quality, as are necessary to safeguard the privileges and service provided for in this chapter. ' Fees for certification.-the commissioner may fix, assess and collect, or cause to be collected, fees for the certification inspection service, the same to be paid in such manner as he may direct. Such fees shall be large enough to meet the reasonable expenses incurred by the commissioner or his agents in making such inspections as may be necessary for certification Unlawful to use words "certified," "registered" or "inspected."-it is unlawful to use the terms "certified," "registered," "inspected," or any form Ol' modification of such terms which tends to convey to the purchaser of such seed that the same has been certified, on tags or containers, either orally or in writing, or in advertising material intended to promote the sale of seed potatoes or agricultural or vegetable seeds, or on labels or containers, except when such seed potatoes or agricultural or vegetable seeds shall have been inspected and certified to under the provisions of this chapter by the commissioner of agriculture or by an inspection agency duly authorized by any state or county and recognized and approved by the commissioner of agriculture of the State of Florida Registrations.- (!) Every person, before selling, offering for sale, or exposing for sale any agricultural or vegetable seeds, or mixture thereof, within the State of Florida, other than packet of packaged seeds, as provided in shall first register with the commissioner as a seed dealer, giving the number and location of each place of business at which such seeds are sold, offered or exposed for sale, and at the time of registering shall pay to the commissioner registration fees as follows: (a) If a retailer only, a fee of one dollar for each place where such seeds are sold, offered, or exposed for sale. (b) If a wholesaler, or a wholesaler and retailer, a fee of twenty-five dollars for each place where such seeds are sold, offered or exposed for sale at wholesale, or at wholesale and retail, and a fee of one dollar for each place where such seeds are sold, offered or exposed for sale at retail only. (2) A receipt, or acknowledgment, from the commissioner of such registration and payment of such fee, or fees, shall constitute a sufficient permit or authority for such dealer to engage and continue in the business of selling, offering or exposing for sale agricultural or vegetable seeds, within the State of Florida, until the first day of July next thereafter, subject to compliance with the other requirements of. this law. Such registration shall expire on June 30th next thereafter, and shall be renewed on July 1st of each year, and the same fees paid therefor. Every person selling, off~ring or exposing for sale agricultural or vegetable seed, within the State of Florida, other than as provided in , shall be subject to the requirements of this Section. (Camp. 8, ch , 1941) Label requirements.-each container of agricultural or vegetable seed which is sold, offered for sale, or exposed for sale, within this state for sowing or planting purposes, shall bear thereon, or have attached thereto, in a conspicuous place, a plainly written or printed label or tag in the English language, giving the following information: (1) FOR AGRICULTURAL SEEDS- (a) Commonly accepted name of 1. kind, or 2. kind and variety, or 3. kind and type, of each agricultural seed component in excess of five percent of the whole, and the percentage by weight of each in the order of its predominance. Where more than one component is required to be named, the word "mixture" or the.word "mixed" shall be shown conspicuously on the label. (b) Lot number, or other lot identification. (c) Place where grown, if known, of alfalfa, red clover, and field corn. If the place where grown is unknown, that fact shall be stated. (d) Percentage by weight of all weed seeds. (e) The name and approximate number of each kind of noxious-weed seed, per ounce in groups 1. and 2., and per pound in groups 3. and 4., when present singly or collectively in excess of: 1. One seed or bulblet in each five grams of agrostis spp., poa spp., rhodes grass, bermuda grasa, timothy, orchard grass, fescues (except meadow fescue). alsike and white clover, reed canary grass, dallis grass, and other agricultural seeds of similar size and weight, or mixtures within this group; 2. One seed or bulblet in each ten grams of rye grass, meadow fescue, foxtail millet, alfalfa,

5 INSPECTION, TESTING, LABELING AND CERTIFICATION OF SEEDS red clover:, sweet clovers, lespedezas, smooth brome, crimson clover, brassica spp., flax, agropyron spp., and other agricultural seeds of similar size and weight, or mixtures within this group, or of this group with 1.; 3. One seed or bulblet in each twenty-five grams of prosco, sudan grass and other agricultural seeds of similar size and weight, or mixtures not specified in 1., 2. or 4. ; 4. One seed or bulblet in each one hundred grams of wheat, oats, rye, barley, buckwheat, sorghums (except sudan grass), vetches, and other agricultural seeds of a size and weight similar to, or greater than, those within this group, or any mixtures within this group. All determinations of noxious-weed seeds are subject to tolerances and methods of determination prescribed in the rules and regulations under this chapter. (f) Percentage by weight of agricultural seeds other than those required to be named on the label. (g) Percentage by weight of inert matter. (h) For each named agricultural seed 1. percentage of germination, exclusive of hard seed, 2. percentage of hard seed, if present, and 3. the calendar month and year the test was completed to determine such percentages. Following 1. and 2. the additional statement "total germination and hard seed" may be stated as such, if desired. (i) Name and address of the person who labeled said seed, or who sells, offers or exposes said seed for sale within this state. (2) FOR VEGETABbE SEEDS- (a) N arne of kind and variety of seed; (b) For seeds which germinate less than standard last established by the commissioner!. Percentage of germination, exclusive of hard seed; 2. Percentage of hard seed, if present; 3. Calendar month and year the test was completed to determine such percentages. 4. The words "below standard" in not less than eight-point type. Provided, that no seed marked "below standard" shall be sold, which falls more than twenty percent below the standard for such seed, which has been established by the commissioner, as authorized by this law. (c) N arne and address of the person who labeled said seed, or who sells, offers, or exposes said seed for sale within this state. (Comp. 3, ch , 1941) Exemptions.~ (1) The provisions of , and do not apply- ( a) To seed or grain not intended for sowing or planting purposes. (b) To seed in storage in, consigned to, or being transported to, a seed cleansing or processing establishment for cleaning or processing; provided, that any labeling or other representation which may be made with respect to the unclean seed shall be subject to this law. (2) No person shall be subject to the criminal penalties of this law for having sold, offered, or exposed for sale in this state any agricultural or vegetable seeds, which were incorrectly labeled or represented as to kind, variety, type or origin, which seeds cannot be identified by examination thereof, unless he has failed to obtain an invoice or grower's declaration giving kind, and variety, or kind and type, and origin, if required. (Comp. 5, ch , 1941) Duties and authority of the commis sioner.- (1) The duty of administering this law and enforcing its provisions and requirements shall be vested in the commissioner, who is hereby authorized to employ such agents and persons as in his judgment shall be necessary therefor. It shall be the duty of the commissioner, who may act through his authorized agents: (a) To sample, inspect, make analysis of, and test agricultural and vegetable seeds transported, sold, offered, or exposed for sale within this state for sowing or planting purposes, at such time and place, and to such extent as he may deem necessary to determine whether said agricultural or vegetable seeds are in compliance with the provisions of this law, and to notify promptly the person who transported, sold, offered, or exposed the seed for sale, of any violation. (b) To prescribe and adopt reasonable rules and regulations governing the methods of sampling, inspecting, analysis, tests, and examinations of agricultural and vegetable seed, and standards for same, and the tolerances to be followed in the administration of this law, and such other reasonable rules and regulations as may be necessary to secure efficient enforcement of this law. (2) Further, for the purpose of carrying out the provisions of this law, the commissioner individually, or through his authorized agents, is authorized- (a) To enter upon any public or private premises where agricultural or vegetable seeds are sold, offered, or exposed for sale, during regular business hours, in order to have access to seeds subject to this law and the rules and regulations hereunder. (b) To issue and enforce a stop-sale notice, or order, to the owner, or custodian, of any lot of agricultural or vegetable seed which the commissioner finds, or has good reasons to believe, is in violation of any of the provisions of this law which shall prohibit further sale, barter, or exchange of such seed until the commissioner is satisfied that the law has been complied with; provided, that after a stop-sale notice, or order, shall be given or issued against, or attached to, any lot of seed, and the owner, or custodian, of such seed shall have received confirmation that the same does not comply with this law, he shall have fifteen days thereafter, within which to comply with the law or to withdraw the seed from sale. And provided further, that the provisions of this paragraph shall not be construed as limiting the right of the commissioner to proceed as authorized by other sections of this law.

6 INSPECTION, TESTING, LABELING AND CERTIFICATION OF SEEDS (c) To establish and maintain a seed laboratory and employ seed analyst whose qualifications shall be approved by the state chemist, and whose work shall be under the supervision and direction of the state chemist. (d) To make, or provide for making, purity and germination tests of seeds for farmers and dealers on request, to prescribe rules and regulations governing such testing, and to fix and collect charges for the tests made. Provided, however; that the analyses shown by such tests shall be for the information of the person making such request only, and in no event shall the same be taken as, or made the basis of, the guaranteed analysis of such seeds as required by (Contp. 6, ch.20251, 1941) Seizure.- When the commissioner has issued a stop-sale order to the owner, or custodian, of any lot of agricultural or vegetable seeds, as authorized by and sue~ owner, or custodian, has failed to comply with the provision of this law, or to withdraw such seed from sale within the period of fifteen days allowed therefor, the commissioner shall be authorized, and it is hereby made his duty to seize and hold said lot of seed, which shall, after the expiration of fifteen days from the date of seizure, be destroyed or disposed of by the commissioner in such manner as he shall by regulation prescribe. (Contp. 7, ch , 1941) Prohibitions.- (!) It shall be unlawful for any person to sell, offer for sale, or expose for sale, or knowingly transport any agricultural or vegetable seed within this state- (a) Unless the test to determine the percentage of germination required by shall have been completed within a twelve month period, exclusive of the calendar month in which the test was completed, immediately prior to sale, exposure for sale, or offering for sale or transportation. (b) Not labeled in accordance with the provisions of tliis law, or having false or misleading labeling. (c) Pertaining to which there has been a false or misleading advertisement. (d) Agricultural seeds containing noxiousweed seeds subject to tolerances and methods of determination prescribed in the rules and regulations under this law. (2) It shall be unlawful for any person within this state- (a) To detach, alter, deface, or destroy any label provided for in this law, or the rules and regulations made and promulgated hereunder, or to alter or substitute seed, in a manner that may defeat the purposes of this law. (b) To disseminate any false or misleading advertisement concerning agricultural or vegetable seed in any manner or by any means. (c) To hinder or obstruct in any way any authorized person in the performance of his duties under this law. (d) To fail to comply with a stop-sale order. (Contp. 4, ch , 1941) Packaged seeds.- When vegetable seeds are sold or consigned to or placed with any person for sale in the State of Florida, in packets or packages of eight ounces or less, each box or container of not exceeding seventy-two dozen such packets or packages of vegetable seeds, or vegetables and flower seeds, shall have attached thereto an inspection fee stamp furnished and procured from the commissioner, for which an inspection fee of twenty-five cents shall be paid to the commissioner. Such inspection stamp shall be attached to each such box or container before delivery to the vendee, consignee, or person, for sale within the State of Florida, and it shall be unlawful for any vendee, consignee, or person to sell, offer or expose for sale any such vegetable seeds without such inspection stamps being first attached to such box or container. (Contp. 9, ch , 1941) Enforcement.-The commissioner of agriculture may enforce the provisions of this chapter and the rules and regulations made pursuant thereto by writ of injunction in the proper court as well as by criminal proceedings, or by suspension or revocation of registration of the offender. The attorney general, the state attorneys, prosecuting attorneys, county solicitors, and all public prosecutors in each county shall represent the commissioner when called upon to do so. The commissioner in the discharge of his duties and in the enforcement of the powers herein delegated may employ counsel, send for books and papers, administer oaths and hear witnesses, and to that end the various sheriffs throughout the state shall serve all summonses and other papers upon request of said commissioner Notice of shipment.-persons shipping, transporting, or delivering agricultural or vegetable seeds, except for recleaning, into the State of Florida, shall notify the commissioner thereof, on the date of such shipment or transportation, giving the name and address of the consignee, or person to whom shipped or transported, the point of destination, quantity, and kind thereof, and, if shipped by rail in car load lots, the number and initial of the car. (Contp. 11, ch , 1941) Operating fund.-all funds collected or accruing to the commissioner under this chapter shall be placed in the general inspection fund, for the use of the commissioner in carrying out the provisions of this chapter and to be expended by him upon proper vouchers, and a detailed report of all collections and expenditures made hereunder shall be made to the governor at the end of each fiscal year Penalty.- Any person, copartnership, association or corporation, and any officer, agent, servant or employee thereof, violating any of the provisions of this chapter or of the rules and regulations made and promulgated thereunder and any person who shall obstruct or hinder the said commissioner or his

7 INSPECTION, TESTING, LABELING ANI) CERTIFICATION OF SEEDS employees in the discharge of their duties under this chapter shall be deemed guilty of a misdemeanor, and, on conviction,. shall be sentenced to pay a fine of not more than one hundred dollars for each offense. Provided, however, that persons violating , shall be punished as provided in Sale of garden, melon and other vegetable seed.-lt is unlawful for any person to sell or offer for sale any garden, melon or vegetable seed, unless the original package in which the same is enclosed or in which the seed are sold shall have written or printed thereon on the outside in plain letters a guarantee as to when, where and by whom all such seed were grown. Any person violating the provisions of this section or falsely representing such seed shall be punished by fine of not more than one hundred dollars. ct.-punishment by fine only Short title , may be cited as the Florida seed law.

8 FLORIDA SEA ISLAND COTTON LAW Sea island cotton production districts Duty of county commissioners Report to commissioner of agriculture Duties of commissioner of agriculture Election by free holders Notice of election; holding same, etc Certificate of election to commissioner of agriculture Sea Island cotton production districts.-whenever residents of any territory containing not less than one hundred contiguous square miles of reasonably compact shape, within any county of this state, desire to have such territory constituted into a cotton production control district, they shall present to the board of county commissioners of said county, a petition signed by not less than ten percent of the duly registered voters, who are freeholders, residing within the territory which it is proposed to create into such cotton production control district. Said petition shall describe, by metes and bounds, or other accurate description, the. said territory Duty of county commissioners.-at their first meeting after the receipt of said petition, such board of county commissioners shall investigate the facts, and find and determine whether such petition has been duly signed by the requisite number of registered voters, who are freeholders, residing within said territory Report to commissioner of agriculture.-if such board of county commissioners, after such investigation, shall find and determine that such petition has been duly signed by the requisite number of registered voters, who are freeholders, residing within said territory; and that it is in all respects strictly in accordance with the requirements of law, such finding and determination shall be regarded for all purposes as conclusive; and such board shall thereupon immediately certify to the commissioner of agriculture, a copy of such petition, together with its finding and determination thereon. CHAPTER 579 FLORIDA SEA ISLAND CO'ITON LAW Duties of commissioner of agriculture.-upon the receipt, by such commissioner of agriculture, of such copy and certificate of the findings of the board of county commissioners thereon, said commissioner of agriculture may make such surveys and inspections of the territory described in the petition, as he may deem necessary. If said commissioner of agriculture shall find that such described territory is suited to the production of sea island cotton, he shall certify that fact to the board of county commissioners of the county within which such territory is located Election by freeholders.-when said commissioner of agriculture shall have so certified that the territory described in said petition, is suited to the production of sea island Abolition of districts Powers of commissioner of agriculture Only sea island cotton may be planted; penalties Construction of chapter Appropriation for cotton, said board of county commissioners, at their first meeting after receipt of such certification, shall order an election to be held in the territory which it is proposed to constitute into the said cotton production control district, to determine whether or not such territory shall be constituted into a cotton production control district of the State of Florida. Only duly qualified electors, who are freeholders, shall be entitled to vote at such election Notice of election; holding saju.e, etc.-the board of county commissioners shall have a notice of such election published for not less than thirty days next preceding the date of such election. Said notice shall describe the territory proposed to be included in the cotton production control district. The inspectors for such election shall be appointed by, and the ballots to be voted shall be prepared and furnished by, the board of county commissioners; and the election shall be held in substantial conformity to the laws of Florida, applicable to general elections. The inspectors shall make returns to the board of county commissioners immediately after said election; and the board of county commissioners shall hold a special meeting as soon thereafter as is practicable, for the purpose of canvassing said election returns and certifying to the result thereof Certificate of election to commissioner of agriculture.-if the board of county commissioners shall find and determine that the result of said election is adverse to the proposition of constituting the cotton production control district, it shall immediately so certify to the commissioner of agriculture, and no other election for the same purpose, shall be held within one year from the receipt, by said commissioner of agriculture, of such certification. But if a majority of the votes cast at such special election shall be in favor of the proposition to create a cotton production control district, then said board of county commissioners shall certify such fact to the commissioner of agriculture of the State of Florida, who shall then enter an order constituting the territory, in which said election was held, into a cotton production control district, effective as of January 1st next succeeding the date of the entry of said order. Said commissioner of agriculture shall then. transmit a copy of such order to said board of county commissioners, who shall, upon the receipt of such copy, duly attest it, designate said district

9 FLORIDA SEA ISLAND COTTON LAW by name or number, and declare and publish the boundaries of the same. Upon the expiration of thirty days after the finding and determination, by the board of county commissioners, as to the result of any such election that shall have been held, it shall be regarded for all purposes as conclusive Abolition of districts.- Any such cotton production control district may be abolished by a majority vote at an election called by the board of county commissioners of the county for the purpose, after publication of such notice as is required to create such cotton production control district, at which election the qualification of voters shall be the same as in elections to create cotton production control districts; provided, however, that no such election for the purpose of abolishing any such district shall be called within one year next succeeding the entry of the order constituting such territory into a cotton production control district Powers of commissioner of agriculture.-the commissioner of agriculture of the State of Florida shall have all necessary and reasonable power to enable him to promote the planting and production of sea island cotton in any county of the state and to enforce and carry out the provisions of this chapter, including among others, the power to: (1) Make reasonable rules and regulations not inconsistent with the provisions of this chapter; (2) Institute, in his name, such proceedings, either at law or in equity, in the courts of this state, as he may reasonably deem necessary to enforce and carry out the provisions of this chapter and the regulations made by reason hereof; provided however that none of the funds appropriated by this chapter shall be expended for legal advice or in any legal proceedings. (3) Appoint and fix the compensation of all necessary agents and inspectors to carry out and enforce the provisions of this chapter; ( 4) Make, or cause to be made, all necessary surveys and inspections in connection with the provisions of this chapter; (5) Refer to proper officers, charged with the enforcement of the criminal or civil laws of this state, such facts as may come to his attention concerning violations of this chapter; (6) Make, or cause to be made, studies and investigations, in any county in the state, that might aid in the increased planting of sea island cotton in the state and in the promotion of this industry in the state. Provided, however, that the enumeration of specific powers in this section shall not be construed to limit or circumscribe said commissioner of agriculture in the exercise of all lawful and reasonable power in and about the administration and enforcement of the provisions of this chapter Only sea island cotton may be planted; penalties.-it is unlawful for any person to plant, cultivate, or produce within any such cotton production control district any seed or plants of any variety, kind, type, or species of cotton, other than seed or plants of the type known as sea island cotton. Within the meaning of this chapter, no cotton shall be deemed sea island cotton unless having a staple of not less than one and one-half inches in length. Any person found guilty of any violation of the provision of this section shall be deemed guilty of a misdemeanor; and, upon conviction thereof, shall be punished by a fine of not more than two hundred dollars, or by imprisonment not exceeding thirty days; provided, however, that the punishment in this section provided, shall not be deemed or construed to prevent or to limit other provisions. of this chapter relating to violations hereof. cf Alternative punishment Construction of chapter.:-lt is the intention of the legislature that the provisions of this chapter be liberally construed to effect the purpose hereof Appropriation for For the purpose of carrying out, administering and enforcing the provisions of this chapter, there is hereby appropriated annually the sum of twenty-five thousand dollars for the biennium beginning the 1st day of July, A. D. 1941, and ending June 30, A. D. 1943, the same to be paid out of any funds in the state treasury not otherwise appropriated, on warrants of the state comptroller issued upon requisition of the commissioner of agriculture of Florida. (Comp. 1, ch , 1941).

10 COMMERCIAL FEEDS CHAPTER 580 COMMERCIAL FEEDS Commercial feeds defined Registration of manufacturers and sellers of commercial feeds Labeling or tagging of commercial feeds standards of commercial feeds to be fixed Powers of commissioner of agriculture as to brands and trade names When commissioner of agriculture may prohibit sales of feeds Powers of commissioner of agriculture in making inspections, etc Rules and regulations; enforcement Employment of help and assistants Submission of samples of commercial feeds for inspection Method of selecting samples for inspection Commercial feeds defined. - The term "commercial feeds" shall be held to include all materials used for feeding domestic animals or birds, except the following: (1) Unmixed whole seeds or grain, as defined by U. S. grain standards. (2) Whole hays, straws, cottonseed hulls, stover and silage, when unmixed with other materials. Provided, however, hays, straws, stover, silage, or similar materials, when ground, either mixed or unmixed, and cottonseed hulls when ground and unmixed, shall constitute commercial feeds and be registered and tagged accordingly. Such products, when sold as commercial feeds, shall meet the standards fixed by the commissioner of agriculture. Provided further that it shall be unlawful to sell, offer or expose for sale in this state mixed commercial feeds containing cottonseed hulls, sugar cane bagasse, rice hulls or chaff, peanut shells, corn cobs, corn shucks or any materials of little or no nutritive value. (Am. 1, ch , 1941) Registration of manufacturers and sellers of commercial feeds.-before any person shall sell, offer or expose for sale, transport or distribute in this state, any brand of commercial feed, he or they shall make application for registration and file with the commissioner of agriculture a certified copy of the statement as specified in for each brand of commercial feed; said application shall be accompanied by a copy of the label or tag of the commercial feed to be registered in this state. If such application for registration, upon examination by the state chemist, appears to meet the requirements of this chapter, the commissioner of ag:dculture shall issue a certificate of registration for such brand of commercial feed, which registration shall expire December 31 following its date of issuance Labeling or tagging of commercial feeds.-all manufacturers, importers, jobbers, firms, associations, corporations or persons, before selling or offering for sale or transporting in this state any brand of commercial feed, shall have attached to each bag, package, carton, or have delivered with each bulk lot; a statement, Duty of state chemist as to commercial feeds Analytical work Inspection fees for commercial feeds Inspection tags or stamps; duty to use Inspection tags and stamps; duty to fur, nish Counterfeiting or re-use of tags or stamps General inspection fund Injunctions to prevent violations of chapter Right of action for adulterated, deficient, etc., feeds; measure of damages Duties and procedure upon discovery of violation of this chapter; seizure of feeds Penalties for violations of this chapter. hereafter referred to as the label or tag, clearly and legibly printed in the English language which fully and truly gives the following: (1) The net weight of the contents of the package, bag, carton or bulk lot. (2) The brand or trade name of the feed. (3) The name and principal address of the manufacturer or person responsible for placing the commodity on the market. ( 4) The minimum percentage of crude protein. (5) The minimum percentage of crude fat. (6) The maximum percentage of crude fiber. (7) The name of each ingredient used in its manufacture, and the minimum or maximum percentage of added minerals as required by regulation. Provided, that the official names of all materials which have been so defined by the association of American feed control officials shall be used in the declaration of the names of ingredients. (Am. 2, eh , 1941) Standards of commercial feeds to be fixed.-the commissioner of agriculture shall fix the standards which all commercial feeds shall meet before being sold in this state, which standards shall be in conformity with the definitions and standards adopted by the association of southern feed control officials. Each and every person manufacturing, selling, transporting or distributing in this state any commercial feeds to be used for mixing purposes in feeds designed for resale only shall be exempted from the payment of the inspection tax, provided the said feed is labeled or tagged with the information as required in , and in addition: (1) A declaration that such feed is to be used for mixing purposes only. (2) That the inspection tax is not to be paid thereon Powers of commissioner of agriculture as to brands and trade names.-the cornmissioner of agriculture may refuse to register any commercial feed under a brand or trade name which would be misleading or deceptive, or which would tend to mislead or deceive as

11 COMMERCIAL FEEDS to the materials of which it is composed, or when the recognized official names of each and all ingredients used in its manufacture are not stated. He may also refuse to register more than one commercial feed under the same brand name whether offered by the same manufacturer or another manufacturer. Should any commercial feed be registered in this state, and it is afterward discovered that such registration was in error or is in violation of any of the provisions of this chapter, the cornmissioner of agriculture may cancel such registration. The commissioner of agriculture may refuse to allow any person to lower the guaranteed analysis or change the ingredients of any brand of his commercial feed during the term for which registered, unless satisfactory reasons are presented to the commissioner of agriculture for making such change When commissioner of agriculture may prohibit sales of feeds.-where the cornmissioner of agriculture, his deputies or inspectors find commercial feeds which are held for sale and not properly registered, or such feeds are not stamped, designated or labeled as required by this chapter, or said feeds are damaged or adulterated or otherwise injurious for animals' consumption, the said commissioner, deputies or inspectors may place a stop-sale notice on said feeds until the offending party has complied with the chapter Powers of commissioner of agriculture in making inspections, etc.-the commissioner of agriculture is authorized in person or by deputy to have free access during regular business hours to all places of business, mills, buildings, trucks, cars, vessels and parcels of whatsoever kind used in this state in the manufacture, transportation, importation, sale or storage of any commercial feed, and shall have the power and authority to open any parcel containing commercial feeds and to take samples therefrom for analysis, in the manner prescribed in and said commissioner of agriculture may cause to be analyzed annually at least one sample so taken of every commercial feed found, sold, offered or exposed for sale in this state Rules and regulations; enforcement. -The commissioner of agriculture is empowered to enforce the provisions of this chapter, and to prescribe and enforce administrative rules, regulations and standards, which shall be in harmony with the provisions of this chapter. 580~09 Employment of help and assistants. -The commissioner of agriculture may employ all help necessary to carry out and enforce the provisions of this chapter and may designate any employee of the department of agriculture to perform any duties necessary to carry out the terms of this chapter. All expenses and,.salaries shall be paid out of the general inspection fund Submission of samples of commercial feeds for inspection.-any person purchasing any commercial feed from any manufacturer or vendor in this state for his own use, such person being a citizen of this state, may submit fair ~ samples of the said commercial feed to the commissioner of agriculture for analysis by the state chemist. But in order to protect the manufacturer or vendor from the submission of spurious samples for analysis, the person selecting the same shall do so in the presence of two or more disinterested persons, which sample shall be taken from one or more packages, placed in a bottle or can, along with a tag from one of the bags sampled, and sealed in the presence of said witnesses, and this sample package, bottle or can, placed in the hands of a disinterested person, who shall forward the same, at the expense of the purchaser, to the commissioner of agriculture, and upon the receipt by him of such sample, the commissioner of agriculture may require the state chemist to analyze the same, and he shall return to such purchaser a certificate of analysis. The certificate shall in all cases set forth the component parts of said commercial feed, with their respective quantities, dates of analysis, and the name of the person submitting the samples, and to be signed by the state chemist, who shall keep an accurate account of the same, and the said certificate or record, when verified by the affidavit of the state chemist, shall be competent evidence in any court of law or equity in this state Method of selecting samples for inspection.-no action shall be maintained for a violation of the provisions of this chapter, based upon an analysis of a sample from less than ten separate original packages, unless there be less than ten separate original packages in the lot, in which case portions for the official sample shall be taken from each original package; if the commercial feed is in bulk, portions shall be taken from not less than ten different places in the lot; provided, that this does not exclude sampling in bulk when not exposed sufficiently to take portions from ten different places, in which case portions are to be taken from as many places as practicable. If the sample thus procured is larger than is required, it shall be thoroughly mixed and quartered until a sample of suitable size remains. Said sample, if requested, shall be divided into two parts, and shall be placed in suitable containers and sealed, one of said containers so sealed, if requested, shall be delivered to the person apparently in charge of such feeds. In sampling canned or small packaged goods, one entire can or small package from each twenty or less in the lot shall be deemed sufficient for examination; the said state chemist shall analyze, or cause to' be analyzed, the sample so collected, and the result of such analysis, together with such additional information as the said state chemist may deem advisable, shall be promptly transmitted to the manufacturer and to the dealer or person in whose possession the product was sampled, and may be published in reports or bul-

12 COMMERCIAL FEEDS letins from time to time. The manufacturer or person responsible for the placing of any commodity so sampled upon the market, or the dealer or person in whose possession the feed was found, shall, upon request to the state chemist within ten days after report is mailed, be furnished with a portion of the official sample. The methods of analysis shall be those in effect at the time by the association of official agricultural chemists of North America Duty of state chemist as to commercial feeds.-the state chemist shall analyze samples of commercial feeds drawn by duly authorized inspectors of the state department of agriculture under the direction of the commissioner of agriculture, from any brand of commercial feed offered for sale in this state which may be in the possession of any manufacturer, dealer or person using or offering the same for sale, samples not to exceed one pound each in weight. In case any manufacturer shall request another analysis, then the sample, at,the request of any manufacturer, shall be sent to any chemist whom the commissioner of agriculture, state chemist and manufacturer shall agree upon Analytical work.-the necessary analytical work for the enforcement of this chapter shall be done by the state chemist, or assistant state chemists Inspection fees for commercial feeds. -Every manufacturer, importer, dealer, agent or seller, of any commercial feeds, shall pay to the state treasurer a fee of twenty-five cents for each and every ton offered for sale in the state; provided, that when the manufacturer or importer shall have paid the fees herein required for any person acting as agent or seller for any manufacturer or importer, such agent or seller shall not be required to pay the fee named in this section; and any manufacturer, importer or dealer, who shall fail to pay the inspection fee provided for in this section, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided in this chapter Inspection tags or stamps; duty to use.-every person, before selling any commercial feeds in this state shall attach or cause to be attached to each bag, barrel or package thereof, one of the tags or stamps described in this chapter, which shall designate the brand name, the net weight, and the guaranteed analysis of the commercial feed in the bag, barrel or package; this tag or stamp shall show evidence of the registration of the feed and the payment of the inspection fee required by this chapter. Any person who shall sell any package of commercial feed which has not been tagged or stamped as herein provided, or.upon which a stop-sale notice has been attached, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Inspection tags and stamps; duty to furnish.-the commissioner of agriculture shall furnish the manufacturers, dealers or importers of commercial feeds with stamps or tags to be attached to each package of commercial feed sold or used in this state. Such stamps or tags shall be printed in such form as may be prescribed by the commissioner of agriculture and shall be furnished at cost plus inspection fee when required under this chapter Counterfeiting or re-use of tags or stamps.-any person who shall counterfeit, or use a counterfeit of a tag or stamp required in this chapter or who shall use such tag or stamp a second time after the said tag or stamp shall have been attached once, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined as provided in General inspection fund. - Each manufacturer of, or dealer in, commercial feeds shall forward the money for commercial feed stamps or tags with his letter of request to the commissioner of agriculture, who shall promptly transmit said money to the state treasurer, who shall place such funds to the credit of the general inspection fund. Said letter of request shall contain the statement of tons of commercial feed for which stamps are requested, and the number of packages contained in each ton Injunctions to prevent violations of chapter.-the attorney general and the several state attorneys, when requested by the commissioner of agriculture, shall enjoin any person, resident or nonresident, from manufacturing, transporting or selling or soliciting orders for the sale of commercial feed in this state without complying with the provisions of this chapter, said injunction to be without bond or advanced costs Right of action for adulterated, deficient, etc., feeds; measure of damages.-any person purchasing any commercial feed from any manufacturer or vendor who shall discover that he has been defrauded by reason of adulteration, or deficiency of constituent elements, either in quality or quantity, in the commercial feed so purchased, or who shall have purchased moldy or damaged feeds, or feeds mixed or adulterated with any substance injurious to the health of livestock, domestic animals or poultry, shall recover in any action he may institute, upon proof of the fact, twice the amount paid to or demanded by the manufacturer or vendor of the commercial feed so purchased. But in all cases where the vendor is an agent of the manufacturer, or sub-agent of such agent, the judgment of the court shall be rendered against the manufacturer. In case any purchase be made from any manufacturer, or agent of any person residing out of the State of Florida, manufacturing, compounding or furnishing for sale, any commercial feed, the purchaser thereof may, at his option, proceed by attachment against such property, rights, or credits of the person selling, manufacturing, compounding or furnishing said commercial

13 ,COMMERCIAL FEEDS feed; when such property, rights or credits, can be found within the limits of the state Duties and procedure upon discovery of violation of this chapter; seizure of feeds.-if it shall appear from the examination of any sample of feed or other evidence that any of the provisions of this chapter have been violated, the commissioner of agriculture, inspectors or employees shall immediately place a stop-sale or a stop-use notice upon any remaining part of the feed represented by said sample, and shall cause notice of such violation to be given to the manufacturer, dealer or the possessor of said feed from whom the said sample was taken; any party so notified shall be given an opportunity to be heard under such rules and regulations as may be prescribed by the commissioner of agriculture. After such hearing, if it appears that any of the provisions of this chapter have been violated, the commissioner of agriculture shall certify the facts to the proper prosecuting attorney and furnish that officer with a copy of the results of the analysis or other examination of such sample, duly authenticated by the analyst or other officer making the examination, under the oath of such officer; provided, however, in the case of the possessor of such feeds, no criminal charge shall be made, but the feeds shall be seized by the commissioner, inspector or employees and delivered to the sheriff of the county where seized, who shall sell the said feeds at public auction and, after paying expenses incident to the said sale, shall remit the remainder to the state treasurer to be placed to the credit of the general inspection fund Penalties for violations of this chapter.-any manufacturer, importer, jobber, firm, association, corporation or person who shall sell, offer or expose for sale, or transport in this state, any commercial feeds without having attached thereto such tax stamps or tags as required by the provisions of this chapter, or who shall use the required tax stamps or tags a second time, or use a counterfeit of such tax stamps or tags, or use a stamp or tag not directly acquired from the commissioner of agriculture, or who shall sell, assign or transfer a stamp or tag to another, without written permission of the commissioner of agriculture, or who shall impede, obstruct, hinder or otherwise prevent or attempt to prevent said commissioner of agriculture, or his authorized agent, in. the performance of his duty in connection with the provisions of this chapter, or who shall sell, offer or expose for sale or distribute in this state any commercial feeds as defined in this chapter without complying with the requirements of this chapter, or who shall sell, offer or expose for sale or transport in this state, any commercial feed which contains a smaller percentage of crude protein or crude fat, or a larger percentage of crude fiber than is certified to be contained therein, or who shall fail to properly state the name of each and every ingredient used in its manufacture, or who shall sell any commercial feed which carries any false or misleading statements upon or attached to the package, or if a false or misleading statement regarding its feeding value is made on the package by the corporation, firm or individual registering said commercial feed, or if the number of net pounds set forth upon the package is not correct, or who shall violate any other provision of this chapter, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than fifty dollars for the first violation and not less than fifty dollars nor more than two hundred and fifty dollars for each subsequent violation. Any manufacturer, importer, jobber, firm, association, corporation or person who shall sell, or transport any adulterated feeds, or feeds lacking in constituent elements guaranteed in the registration of such feeds, or any feeds mixed or adulterated with any substance or substances injurious to the health of live stock or poultry shall be deemed guilty of a misdemeanor and, after conviction on said charge, in addition to the penalty provided in this section, the lot of feeds shall be seized by the sheriff of the county in which found and held until after trial and should the defendant be adjudged guilty, the feeds shall be sold by the sheriff or destroyed as the trial judge shall determine, the proceeds from such sale to be sent by the sheriff to the state treasury and credited to the general inspection fund. The court may, in its discretion, release the feeds so seized when the requirements of this chapter have been complied with, and upon payment of all costs and expenses incurred by the state in any proceedings connected with such seizure. (Am. 3, ch , 1941).

14 STATE PLANT BOARD CHAPTER 581 STATE PLANT BOARD state plant board Nursery stock; sale, etc Duty and authority of board Penalties for violations Rules and regulations Principal responsible for agent, etc Review for person affected Annual appropriation Introduction of injurious disease Board a body corporate Information to board Boll weevil control Quarantines Definitions State plant board.-the state plant board, called the board in this chapter, shall be composed of five members who shall be the same persons who constitute the board of control of Florida, and all of the authority granted to the board and all the duties re -quired of said board shall be exercised and performed by the members of the board of control, acting as the- state plant board. A majority of the members of the board shall Constitute a quorum for all purposes. The -chairman of the board shall be selected annually by the members thereof. They shall be provided with a suitable office or offices at the University of Florida where the meetings of the board may be held and its records shall be kept Duty and authority of board.-the board shall protect the agricultural and horticultural interests of the state from insect pests and diseases, and to that end it shall: (1) Inspect, or cause to be inspected by duly authorized employees, plants, plant products or other things and substances that may, in their opinion, be capable of disseminating or carrying insect pests and diseases, and for this purpose shall have power to enter into or upon any place and to open any bun dle, package or other container containing, or thought to contain, plants or plant products -or other things capable of disseminating or -carrying insect pests or diseases; (2) Carry -on investigations of methods of control, eradi- -cation and prevention of dissemination of insect pests and diseases, and for that purpose may employ the necessary experts and may rent, lease or purchase the necessary land when required for this purpose; (3) Supervise or cause the treatment, cutting and destruction of plants when necessary to prevent or control the dissemination of insect pests and diseases or to eradicate same and to prescribe rules and regulations therefor; ( 4) Inspect, or cause to be inspected, all nurseries in the state at such intervals as they may deem best, and they shall have plenary power to make all such rules and regulations governing nurseries and the movement of nursery stock therefrom or the introduction of nursery stock therein as they may deem necessary in the eradication, control or prevention of the dissemination of insect pests and diseases; (5) Make rules and regulations to govern the sale and distribution of nursery stock by dealers and agents; ( 6) Provide rules and regulations under which nursery stock may be brought into this state from other states, territories and foreign countries; (7) Make such rules and regulations with reference to plants and plant products while in transit through this state as may be deemed necessary to prevent the introduction into and dissemination within this state of injurious plant pests and diseases; (8) Demand of any person who has plants or plant products or other things likely to carry insect pests and diseases in his possession to give full information as to the origin and source of same, and it shall be a misdemeanor for such person to refuse to give the information demanded, if able to do so; (9) Declare a dangerous insect pest or disease to be public nuisance as well as any plant or other thing infested or infected therewith or that has been exposed to infestation or infection and therefore likely to communicate same; (10) Declare a quarantine against any area, place, nursery, grove, orchard, county or counties within this state, other states, territories, for ign countries or portion thereof. in reference to dangerous insect pests or diseases and prohibit the movement within this state or any part thereof, or the introduction into this state from other states, territories or foreign eountries of all plants, plant products or other things from such quarantined places or areas which are likely to carry such dangerous insect pests and diseases if such quarantine be determined, after due investigation, to be nec essary in order to protect the agricultural and horticultural interests of this state. In such eases the quarantine may be made absolute, or rules and regulations may be adopted prescribing the method and manner under which the prohibited articles may be moved into or within, sold or otherwise disposed of in this state; (11) Intercept and inspect while in transit, or after arrival at destination, all plants, plant products or other things likely to carry insect pests and diseases being moved in this state or brought into this state from another state, territory or foreign country, and if upon inspection the same be found to be infested or infected with an injurious insect pest or disease or if such material is believed to be likely to communicate or transmit same or is being transported in violation of any of the rules and regulations of the board, then said plants, plant products or other things may be treated when necessary and released, returned to the sender or destroyed, such disposition to be determined under rules and regulations to be prescribed by the board; (12) Purchase all necessary materials, supplies, office and field equipment and other things and

15 make such other expenditures as may be essential and necessary in carrying out the provisions of this chapter within the limits of the amount appropriated by law; (13) Appoint such assistants, inspectors and other employees as may be required, and prescribe their duties and fix their compensation, delegate to such assistants, inspectors and other employees such powers and authority as may be deemed proper within the limits of the powers and authority conferred upon the board by this chapter; (14) Enter into cooperative arrangements with any person, municipality, county and other departments of this state, and boards, officers and authorities of other states and the United States for inspection with reference to insect pests and plant diseases and for the control and eradication thereof and contribute a just proportionate share of the expenses incurred under such arrangements; (15) Publish at regular intervals, to be determined by them, an official organ of the board for public distribution and may from time to time publish and distribute to the public such further information as may be deemed necessary; (16) Enforce the provisions of this chapter and the rules and regulations made pursuant thereto by writ of injunction in the proper court as well as by criminal proceedings. The attorney general, the state attorneys, prosecuting attorneys, county solicitors, and all public prosecutors in each county shall represent the board when called upon to do so. The board in the discharge of its duties and in the.enforcement of the powers herein delegated may employ counsel, send for books and papers, administer oaths and hear witnesses, and to that end the various sheriffs throughout the state shall serve all summonses and other papers upon request of said plant board Rules and regulations. - All rules and regulations made by the board shall be promulgated by publishing same in the official organ of the board, or by giving such other reasonable public notice as may be prescribed by the board; provided that in case of emergency where it is necessary to place a quarantine to take effect immediately, the promulgation may be made by proclamation of the governor on the request of the board. Printed copies of all acts, rules, regulations, quarantines or notices of the board which shall. be published under the authority of the board shall be admitted as sufficient evidence of such acts, rules, regulations, quarantines or notices in all courts and on all occasions whatsoever; provided the correctness of such copies be certified by the chairman of the board Review for person affected. - Any person affected by any rule or regulation made or notice given pursuant to this chapter may have a review thereof by the board for the purpose of having such rule, regulation or notice modified, suspended or withdrawn. Such review shall be allowed and considered and the cost thereof fixed, assessed, collected and paid in such manner and in accordance with STATE PLANT BOARD such rules and regulations as may be prescribed by the board Introduction of injurious disease. The introduction into this state of any live insect or specimen of any disease injurious to plants, except under a special permit issued by the board is prohibited Information to board.-any person, including common carriers, who receives plants, plant products or other things sold, given away, carried, shipped or delivered for carriage or shipment within this state, as to which provisions of this chapter and the rules and regulations made pursuant thereto have not been complied with, shall immediately inform the board or an inspector thereof and isolate and hold the said plant, plant product or other thing unopened or unused subject to such inspection or other disposition as may be provided by the board Quarantines.- Whenever the board under the provisions of this chapter shall declare a quarantine against any place, nursery, grove, orchard, or county of this state, other states, territory or foreign countries as to a dangerous insect pest or disease, it is unlawful thereafter until such quarantine is removed for any person to introduce into this state, or to move, sell or otherwise dispose of within this state any plant, plant product or. other thing included in such quarantine, except under such rules and regulations as may be prescribed by the board Nursery stock; sale, etc.-it is unlawful for any nurseryman, dealer or agent to sell, give away, carry, ship or deliver for carriage or shipment any nursery stock except in compliance with the provisions of this chapter and the rules and regulations made pu~ suant thereto Penalties for violations.-any person who shall violate any provisions or requirement of this chapter or of the rules and regulations made thereunder or of any notice given pursuant thereto, or who shall forge, counterfeit, destroy or wrongfully or improperly use any certificate provided for in this chapter or in the rules and regulations made pursuant thereto, or who shall interfere with or obstruct any inspector or other employee of the board in the performance of his duties, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than five hundred dollars, or by imprisonment for not more than six months. cf Alternative punishment Principal responsible for agent, etc. -In construing and enforcing the provisions of this chapter, the act, omission or failur~ of any official, agent or other person acting for or employed by any association, partnership, corporation or other principal within the scope of his employment or office shall in every

16 STATE PLANT BOARD case be deemed the act, omission or failure of such association, partnership, corporation or other principal as well as that of the individual Annual appropriation.-for the purpose of carrying out the provisions of this chapter, the sum of thirty-five thousand dollars per annum or as much thereof as may be necessary is appropriated out of any funds in the treasury not otherwise appropriated, which said sum, together with all other sums appropriated under this chapter, shall be placed to the credit of the board in the hands of the state treasurer to be expended by the board upon a written voucher drawn by the board in duplicate stating the nature of such expenditure and the person to whom same shall be made payable, which voucher shall be submitted to the comptroller of the State of Florida and audited and approv.ed by him. Upon such approval the comptroller shall draw his warrant upon the state treasurer for the payment thereof. No voucher shall be issued or drawn by the board for the payment of any moneys unless the same be approved by said board and countersigned by the chairman or by such member of the board as may be acting as chairman in the absence or disability of the chairman, and the secretary thereof Board a body corporate.-the state plant board created by this chapter is declared and created a corporate body. The said corporation shall have power to contract and be contracted with and to have and possess all the powers of a body corporate for all purposes necessary for fully carrying out the provisions and requirements of this chapter. The board shall have a corporate seal to be selected by it Boll weevil control.-the state plant board of Florida shall investigate, devise and improve means and methods of controlling the boll weevil and other injurious insects of the cotton crop; shall investigate and devise means or methods for preventing or controlling the wilt disease and other diseases affecting the cotton crop; employ the necessary persons for conducting such investigations and publish the results of such investigations and other information pertinent thereto; and shall take such other steps as in its judgment may be necessary or advisable to place such information in the hands of farmers and other interested citizens Definitions.-For the purpose of this chapter, the following terms, when used in this chapter or the rules, regulations and orders made pursuant thereto, shall be construed, respectively, to mean: "Insect Pests and Diseases."-Diseases and insect pests, injurious to plants and plant products of this state, including any of the stages of development of such diseases and insect pests. "Plants and Plant Products."-Trees, shrubs, vines, forage and cereal plants, and all other plants, cuttings, grafts, scions, buds and all other parts of plants; and fruit, vegetables, roots, bulbs, seeds, wood, lumber, and all other plant products. "Nursery Stock."-All plants, trees, shrubs, vines, bulbs, cuttings, grafts, scions, and buds grown or kept for or capable of propagation, distribution or sale. "Nursery."-Any grounds or premises on or in which nursery stock is grown or progagated for sale or distribution. "Nurseryman."-Any person engaged in the production of nursery stock for sale or distribution. "Dealer."-Any person not a grower of nursery stock in this state who buys or otherwise acquires nursery stock for the purpose of reselling or reshipping independently of any control of the nurseryman. "Agent."-Any person selling or distributing nursery stock under the partial or full control of a nurseryman. "Places."-Vessels, railroad cars, automobiles, and other vehicles, buildings, docks, nurseries, orchards and other premises where plants and plant products are grown, kept or handled.

17 Definitions. Lands a basic asset of state. Consequence of soil erosion. Appropriate corrective methods. Legislative policy for conservation. State soil conservation board. SOIL CONSERVATION CHAPTER 582 SOn. CONSERVATION Presumption as to establishment Election of supervisors for each district Qualifications and tenure of supervisors Powers of districts and supervisors Adoption of land-use regulations Regulations; contents. Quorum of board; compensation; powers; Performance of work under the regulations etc. by the supervisors. Additional powers of board Board of adjustment. Administrative officer of board Rules of procedure of board. Creation of soil conservation districts Petition to board to vary from regulations. Hearing upon question of creation; notice, Review of order by circuit court. etc Cooperation between districts. Referendum for creation, etc State agencies to cooperate. Expenses of referendum Discontinuance of districts; referendum. Results of referendum; publication, etc Certification of results of referendum; dissolution. Organization of district, etc. Addition of territory to district Continuance of existing contracts, etc Definitions.-Wherever used or referred to in this chapter unless a different meaning clearly appears from the context: (1) "District" or "soil conservation district" means a governmental subdivision of this state, and a public body corporate and politic, organized in accordance with the provisions of this chapter, for the purpose, with the powers, and subject to the restrictions set forth in this chapter. (2) "Supervisor" means one of the members of the governing body of a district, elected in ~ccordance with the provisions of this chapter. (3) "Board" or "state soil conservation board" means the agency created in ( 4) "Land owner" or "owner of land" includes any person who shall hold legal or equitable title to any lands lying within a district organized under the provisions of this chapter. (5) "Land occupier" or "occupier of land" includes any person, other than the owner, who shall be in possession of any lands lying within a district organized under the provisions of this chapter, whether as lessee, renter, tenant, or otherwise. (6) "Qualified elector" includes any person qualified to vote in general elections under the constitution and statutes of this state who, in addition to such qualifications, is a land owner or owner of land as herein defined. (7) "Due notice" means notice published at least twice, with an interval of at least seven days between the two publication dates, in a newspaper or other publication of general circulation within the appropriate area, or if no such publication of general circulation be available, by posting at a reasonable number of conspicuous places within the appropriate area, such posting to include, where possible, posting at public places where it may be customary to post notices concerning county or municipal affairs generally. At any hearing held pursuant to such notice, at the time and place designated in such notice, ad- journment may be made from time to time without the necessity of renewing such notice for such adjourned dates Lands a basic asset of state.-the farm, forest and grazing lands of the State of Florida are among the basic assets of the state and the preservation of these lands is necessary to protect and promote the health, safety, and general welfare of its people; improper land-use practices have caused and have contributed to, and are now causing and contributing to a progressively more serious erosion of the farm and grazing lands of this state by fire, wind and water; the breaking of natural grass, plant, and forest cover has interfered with the natural factors of soil stabilization, causing loosening of soil and exhaustion of humus, and developing a soil condition that favors erosion; the top soil is being burned, washed and blown out of fields and pastures; there has been an accelerated washing of sloping fields; these processes of erosion by fire, wind and water speed up with removal of absorptive topsoil, causing exposure of less absorptive and less protective hut more erosive subsoil; failure by any landowner or occupier to conserve the soil and control erosion upon his lands causes destruction by burning, washing and blowing of soil and water from his lands onto other lands and makes the conservation of soil and control erosion of such other lands difficult or impossible Consequence of soil erosion. - The consequences of such soil erosion in the form of soil-washing and soil-blowing are the silting and sedimentation of stream channels, reservoirs, dams, ditches, and harbors; the loss of fertile soil material in dust storms; the piling up of soil on lower. slopes, and its deposit over alluvial plains; the reduction in productivity or outright ruin of rich bottom lands by overwash or poor subsoil material, sand; deterioration of soil and its fertility, deterioration of crops grown thereon, and declining acre yields despite development of scientific processes for increasing such

18 SOIL CONSERVATION yields; loss of sou and water which causes destruction of food and cover for wildlife; a blowing and washing of soil into streams which silts over spawning beds, and destroys water plants, diminishing the food supply of fish; a diminishing of the underground water reserve, which causes water shortages, intensifies periods of drought, and causes. crop failure; an increase in the speed and volume of rainfall runoff, causing severe and increasing floods, which bring suffering, disease, and death; impoverishment of families attempting to farm eroding and eroded lands; damage to roads, highways, railways, farm buildings, and other property from floods and from dust storms; and losses in navigation, hydroelectric power, municipal water supply, irrigation developments, farming and grazing Appropriate corrective rnethods.-to conserve soil resources and control or prevent soil erosion, it is necessary that land-use practices contributing to soil wastage and soil erosion be discouraged and discontinued, and appropriate soil-conserving land~use practices be adopted and carried out; among the pro; cedures necessary for widespread adoption, are the carrying on of engineering operations, such as the construction of terraces, terrace outlets, check-dams, dikes, ponds, ditches, and the like; the utilization of strip cropping, lister furrowing, contour cultivating, and contour furrowing; land irrigation, seeding and planting of waste, sloping, abandoned, or eroded lands to water conserving and erosion-preventing plants, trees, and grasses; forestation and reforestation; rotation of crops; soil stabilization with trees, grasses, legumes, and other thick-growing, soil-holding crops; the addition of soil amendments, rnanural materials and fertilizers for the correction of soil deficiencies or for the promotion of increased growth of soil protecting crops; retardation of runoff by increasing absorption of rainfall; and retirement from cultivation of steep, highly erosive areas and areas now badly gullied or otherwise eroded Legislative policy for conservation. -It is the policy of the legislature to provide for the conservation of the soil and soil resources of this state, and for the control and prevention of soil erosion, and thereby to preserve natural resources, control floods, prevent impairment of darns and reservoirs, assist in maintaining the navigability of rivers and ha~ bors, preserve wildlife, protect the tax base, protect public lands, and protect and promote the health, safety and general welfare of the people of this state State soil conservation board.-the state soil conservation board, called the board in this chapter, shall be composed of five members who shall be the same persons who constitute the board of control, and all of the authority by this chapter granted to the board and all the duties required of said board shall be exercised and performed by the members of the board of control, acting as the state soil conservation board. A majority of the members of the board shall constitute a quorum for all purposes. The chairman of the board shall be selected annually by the members thereof. They shall be provided with a suitable office or offices at the University of Florida, where the meetings of the board may be held and its records shall be kept. The board shall adopt a seal, which seal shall be judicially noticed, and may perform such acts, hold such public hearings, and promulgate such rules and regulations as may be necessary for the execution of its functions under this chapter Quorum of board; compensation; powers, etc.-a majority of the board shall constitute a quorum, and the concurrence of a majority in any matter within their duties shall be required for its determination. The members of the board shall receive no compensation for their services on the board, but shall be entitled to expenses, including traveling expenses, necessarily incurred in the discharge of their duties on the board. The board shall provide for the execution of surety bonds for all employees and officers who shall be entrusted with funds or property; shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations, and orders issued or adopted; and shall provide for an annual audit of the accounts or receipts and disbursements Additional powers of board.-'l'h~:: state soil conservation board shall have the following additional duties and powers: (1) To offer such assistance as may be appropriate to the supervisors of soil conservation districts, organized as provided in , in the carrying out of any of their powers and programs. (2) To keep the supervisors of each of the several districts organized under the provisions of this chapter informed of the activities and experience of all other such districts, and to facilitate an interchange of advice and experience between such districts and cooperation between them. (3) To coordinate the programs of the several soil conservation districts so organized so far as this may be done by advice and consultation. ( 4) To secure the cooperation and assistance of the United States and any of its agencies, and of agencies and counties of this state, in the work of such districts. (5) To disseminate information throughout the state concerning the activities and programs of the soil conservation districts so organized and to encourage the formation of such districts in areas where their organization is desirable Administrative officer of board.-the state soil conservation board may employ an administrative officer and such technical experts and such other agents and employees, permanent and temporary, as it may require,

19 SOIL CONSERVATION and shall determine their qualifications, duties, and compensation. The board may call upon the attorney general of the state for such legal services as it may require, or may employ its own counsel and legal staff. It may delegate to one or more of its members, or to one or more agents or employees, such powers and duties as it may deem proper, and the board may furnish information as well as call upon any or all state or local agencies for cooperation in carrying out the provisions of this chapter Creation of soil conservation districts.-any twenty-five owners of land lying within the limits of the territory proposed to be organized into a district may file a petition with the state soil conservation board, asking that a soil conservation district be organized to function in the territory described in the petition. Such petition shall set forth: (1) The proposed name of said district. (2) That there is need, in the interest of the public health, safety, and welfare, for a soil conservation district to function in the territory described in the petition. (3) A description of the territory proposed to be organized as a district, which description shall not be required to be given by metes and bounds or by legal subdivisions, but shall be deemed sufficient if generally accurate. ( 4) A request that the state soil conservation board duly define the boundaries for such district; that a referendum be held within the territory so defined on the question of the creation of a soil conservation district in such territory; and that the board determine that such a district be created. Where more than one petition is filed covering parts of the same territory the state soil conservation board may consolidate all or any petitions Hearing upon question of creation; notice, etc.-within thirty days after such a petition has been filed with the state soil conservation board, it shall cause due notice to be given of a proposed hearing upon the question of the desirability and necessity, in the interest of the public health, safety, and welfare, of the creation of such district, upon the question of the appropriate boundaries to be assigned to such district, upon the propriety of the petition and other proceedings taken under this chapter, and upon all questions relevant to such inquiries. All owners and occupiers of land within the limits of the territory described in the petition, and of lands within any territory considered for addition to such described territory, and all other interested parties, shall have the right to attend such hearings and to be heard. If it shall appear upon the hearing that it may be desirable to include within the proposed district territory outside of the area within which due notice of the hearing has been given, the hearing shall be adjourned and due notice of further hearing shall be given throughout the entire area considered for inclusion in the district and such further hearing held. After such hearing, if the board shall determine, upon the facts presented at such hearing and upon such other relevant facts and information as may be available, that there is need, in the interest of the public health, safety, and welfare, for a soil conservation district to function in the territory considered at the hearing, it shall make and record ' such determination, and shall define, by metes and bounds or by legal subdivisions, the boundaries of such district. In making such determination and in defining such boundaries, the board shall give due weight and consideration to the topography of the area considered and of the state, the composition of soils therein, the distribution of erosion, the prevailing land-use practices, the desirability and necessity of including within the boundaries the particular lands under consideration and the benefits such lands may receive from being included within such boundaries, the relation of the proposed area to existing watersheds and agricultural regions, and to other soil conservation districts already organized or proposed for organization under the provisions of this chapter, and such other physical, geographical, and economic factors as are relevant, having due regard to the legislative determinations set forth in this chapter. The territory to be included within such boundaries need not be contiguous. If the board shall determine after such hearing, after due consideration of the said relevant facts, that there is no need for a soil conservation district to function in the territory considered at the hearing, it shall make and record such determination and shall deriy the petition. After six months shall have expired from the date of the denial of any such petition, subsequent petitions covering the same or substantially the same territory may be filed as aforesaid and new hearings held and determinations made thereon Referendum for creation, etc.-after the board has made and recorded a determination that there is need, in the interest of the public health, safety, and welfare, for the organization of a district in a particular territory and has defined the boundaries thereof, it shall consider the question whether the operation of a district within such boundaries with the powers conferred upon soil conservation districts in this chapter is administratively practicable and feasible. To assist the board in the determination of such administrative practicability and feasibility, the board, within a reasonable time after entry of the finding that there is need for the organization of the proposed district and the determination of the boundaries thereof, shall hold a referendum within the proposed district upon the proposition of the creation of the district, and cause due notice of such referendum to be given. The question shall be submitted by ballots upon which the words "For creation of a soil conservation district of the lands below described and lying in the county (ies) of..:., ( and : "

20 SOIL CONSERVATION and "Against creation of a soil conservation district of the lands below described and lying in the county (ies) of and " shall appear with a square before each proposition and a direction to insert an X mark in the square before one or the other of said propositions as the voter may favor or oppose creation of such district. The ballot shall set forth the boundaries of such proposed district as determined by the board. All owners of lands lying within the boundaries of the territory, as determined by the state soil conservation board, shall be eligible to vote in such referendum. Only such land owners shall be eligible to vote Expenses of referendum.-the board shall pay all expenses for the issuance of such notices and the conduct of such hearings and referenda, and shall supervise the conduct of such hearings and referenda. It shall issue appropriate regulations governing the conduct of such hearings and referenda, and providing for the registration prior to the date of the referendum of all eligible voters, or prescribing some other appropriate procedure for the determination of those eligible as voters in such referendum. No informalities in the conduct of such referendum or in any matters relating thereto shall invalidate said referendum or the result thereof if notice thereof shall have been given substantially as provided in , and said referendum shall have been fairly conducted Results of referendum; publication, etc.-the board shall publish the result of such referendum and shall thereafter consider and determine whether the operation of the district within the defined boundaries is administratively practicable and feasible. If the board shall determine that the operation of such district is not administratively practicable and feasible, it shall record such determination and deny the petition. If the board shall determine that the operation of such district is administratively practicable and feasible, it shall record such determination and shall proceed with the organization of the district in the manner hereinafter provided. In making such determination the board shall give due regard and weight to the attitude of the owners and occupiers of lands lying within the defined boundaries, the number of land owners eligible to vote in such referendum who shall have voted, the proportion of the votes cast in such referendum in favor of the creation of the district to the total number of votes cast, the approximate wealth and income of the land owners and occupiers of the proposed district, the probable expense of carrying on erosion-control operations within such district, and such other economic and social factors as may be relevant to such determination having due regard to the legislative determinations set forth in this chapter; provided, however, that the board shall not determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible unless at least a majority of the votes cast in the referendum upon the proposition of creation of the district shall have beeri cast in favor of the creation of such district Organization of district, etc.-if the board shall determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible, any five of the petitioners who signed the petition for the creation of the proposed district may present to the secretary of state an application signed by them which shall set forth (and such application need contain no details other than the mere recitals); (1) that a petition for the creation of the district was filed with the state soil conservation board pursuant to the provisions of this chapter, and that the proceedings specified in this chapter were taken pursuant to such petition; that the application is being filed in order to complete the organization of the district under this chapter; (2) the name which is proposed for the district; and (3) the location selected by the board to be the principal office of the supervisors of the district. The application shall be accompanied by a statement by the state soil conservation board, which shall certify (and such statement need contain no detail other than the mere recitals) that a petition was filed, notice issued, and hearing held as aforesaid; that the board did duly determine that there is need, in the interest of the public health, safety, and welfare, for a soil conservation district to function in the proposed territory and did define the boundaries thereof, that notice was given and a referendum held on the question of the creation of such district, and that the result of such referendum showed a majority of the votes cast in such referendum to be in favor of the creation of the district; that thereafter the board did duly determine that the operation of the proposed district is administratively practicable and feasible. The said statement shall set forth the boundaries of the district as they have been defined by the board. The secretary of state shall examine the application and statement and, if he finds that the name proposed for the district is not identical with that of any other soil conservation district of this state or so nearly similar as to lead to confusion or uncertainty, he shall receive and file them and shall record them in an appropriate book of record in his office. If the secretary of state shall find that the name proposed for the district is identical with that of any other soil conservation district of this state, or so nearly similar as to lead to confusion and uncertainty, he shall certify such fact to the state soil conservation board and to the five petitioners and the petitioners shall thereupon submit to the secretary of state a new name for the said district not subject to such defects. Upon receipt of such new name, free of such defects, the secretary of state shall record the application and statement, with the name so modified, in an appropriate book of record in his office. The secretary of state

21 shall make and issue a certificate under the seal of the state, of the due organization of the said district, and shall record such certificate with the application and statement. The boundaries of such district shall include the territory as determined by the state soil conservation board, but in no event shall they include any area included within the boundaries of another soil conservation district organized under the provisions of this chapter. After six months shall have expued from the date of entry of a determination by the state soil conservation board that operation of a proposed district is not administratively practicable and feasible, and denial of a petition pursuant to such determniation, subsequent petitions may be filed as aforesaid, and action taken thereon in accordance with the provisions of this chapter Addition of territory to district. Petitions for including additional territory within an existing district may be filed with the state soil conservation board, and the proceedings provided for in this chapter in the case of petitions to organize a district shall be observed in the case of petitions for such inclusion. The board shall prescribe the form for such petition, which shall be as nearly as may be in the form prescribed in this chapter for petitions to organize a district. Where the total number of land owners in the area proposed for inclusion shall be less than twentyfive, the petition may be filed when signed by a majority of the land owners of such area, and in such case no referendum need be held. In referenda upon petitions for such inclusions, all owners of land lying within the proposed additional area shall be eligible to vote Presumption as to establishment.. In any suit, action or proceeding involving the validity or enforcement of, or relating to, any contract, proceeding, or action of the district, the district shall be deemed to have been established in accordance with the provisions of this chapter upon proof of the issuance of the aforesaid certificate by the secretary of state. A copy of such certificate duly certified by the secretary of state shall be admissible in evidence in any such suit, action, or proceeding and shall be proof of the filing and contents thereof Election of supervisors for each district.-within thirty days after the date of issuance by the secretary of state of a certificate or organization of a soil conservation district, nominating petitions may be filed with the state soil conservation board to nominate candidates for supervisors of such district. The board shall have authority to extend the time within which nominating petitions may be filed. No such nominating petition shall be accepted by the board unless it shall be subscribed by twenty-five or more qualified electors SOIL CONSERVATION of such district. Qualified electors may sign more than one such nominating petition to nominate more than one candidate for supervisor. The board shall give due notice of an election to be held for the election of five supervisors for the district, of whom one shall be elected for an initial term of one year, one for an initial term of two years and three for an initial term of three years. The names of all nominees on behalf of whom such nominating petitions have been filed within the time herein designated, shall appear, arranged in the alphabetical order of the surnames, upon ballots, with a square before each name and a direction to insert an X mark in the square before the five names to indicate the voter's preference. All qualified electors as defined in this chapter residing within the district shall be eligible to vote in such election. The five candidates who shall receive the largest number, respectively, of the votes cast in such election shall be the elected supervisors for such district. The three candidates receiving the highest number of votes, respectively, shall be elected for terms of three years each, the candidate receiving the next highest number of votes shall be elected for a term of two years, and the candidate receiving the next highest number of votes shall be elected for one year. The board shall pay all the expenses of such election, shall supervise the conduct thereof, shall prescribe regulations governing the conduct of such election and the determination of the eligibility of voters therein and shall publish the results thereof Qualifications and tenure of supervisors.-the governing body of the district shall consist of five supervisors, elected as provided hereinabove. The supervisors shall designate a chairman and may, from time to time, change such designation. The term of office of each supervisor shall be three years, except that two supervisors shall be elected to serve for initial terms of one and two years, respectively, from the date of their election as provided in this chapter. A supervisor shall hold office until his successor has been elected and qualified. ' The.selection of successors to fill an unexpired term, or for a full term, shall be by election by the qualified electors of the district. A majority of the supervisors shall constitute a quorum and the concurrence of a majority of the supervisors in any matter within their duties shall be required for its determination. A supervisor shall receive no compensation for his services, but he shall, with approval of the supervisors of the district, be entitled to expenses, including travel expenses, necessarily incurred in the discharge of his duties. The supervisors may utilize the services of the county agricultural agents and the facilities of the county agricultrual agents' offices insofar as practicable and feasible and may employ such additional employees and agents, permanent and temporary, as they may require, and determine their qualifications, duties and compensation. The supervisors may delegate to their chairman, to one or more supervisors, or to one or more agents, or employees such pow-

22 SOIL CONSERVATION ers and duties as they may deem proper. The supervisors shall furnish to the state soil conservation board, upon request, copies of such rules, regulations, orders, contracts, forms and {)ther documents as they shall adopt or employ, and such other information concerning their activities as it may require in the performance of its duties under this chapter. The supervisors shall provide for the execution of surety bonds for all employees and {)fficers who shall be entrusted with funds or property; shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations, and others issued or adopted; and shall provide for an annual audit of the accounts of receipts and disbursements. Any supervisors may be removed by the governor of this state upon notice and hearing, for neglect of duty or malfeasance in office, but for no other reason. The supervisors may invite the legislative body of any municipality or county located within or near the territory comprised within the district to designate a representative to advise and consult with the supervisors of the district on all questions of program and policy which may affect the property, water supply, or other interest of such municipality or county Powers of districts and supervisors. -A soil conservation district organized under the provisions of this chapter shall constitute a governmental subdivision of this state, and a public body corporate and politic, exercising public powers, and such district and the supervisors thereof, shall have the following powers, in addition to others granted in other sections of this chapter: (1) To conduct surveys, investigations, and research relating to the character of soil erosion and the preventive and control measures needed, to publish the results of such surveys, investigations, or research, and to disseminate information concerning such preventive and control measures; provided, however, that in order to avoid duplication of research activities, no district shall initiate any research program except in cooperation with the government of this state or any of its agencies, or with the United States or any of its agencies; (2) To conduct demonstrational projects within the district on lands owned or controlled by this state or any of its agencie8, with the cooperation of the agency administering and having jurisdiction thereof, and on any other lands within the district upon obtaining the consent of the owner and occupiers of such lands or the necessary rights or interests in such lands, in order to demonstrate by example the means, methods, and measures by which soil and soil resources may be conserved, and soil erosion in the form of soil blowing and soil washing may be prevented and controlled; (3) To carry out preventive and control measures within the district including, but not limited to, engineering operations, methods of cultivation, the growing of vegetation, changes in use of land, and the measures listed in on lands owned or controlled by this!>tate or any of its agencies, with the cooperation of the agency administering and having jurisdiction thereof, and on any other lands within the district upon obtaining the consent of the owner and the occupiers of such lands or the necessary rights or interests in such lands; (4) To cooperate, or enter into agreements with, and within the limits of appropriations duly made available to it by law, to furnish financial or other aid to, any agency, governmental or otherwise, or any owner or occupier of lands within the district, in the carrying on of erosion control or prevention operations within the district, subject to such conditions as the supervisors may deem necessary to advance the purposes of this chapter; (5) To obtain options upon and to acquire, by purchase, exchange, lease, gift, grant, bequest, devise, or otherwise, any property, real or personal, or rights or interests therein; to maintain, administer, and improve any properties acquired, to receive income from such properties and to expend such income in carrying out the purposes and provisions of this chapter; and to sell, lease, or otherwise dispose of any of its property or interests therein in furtherance of the purposes and the provisions of this chapter; (6) To make available, on such terms as it shall prescribe, to landowners and occupiers within the district, agricultural and engineering machinery and equipment, fertilizer, seeds and seedlings, and such other material or equipment, as will assist such landowners and occupiers to carry on operations upon their lands for the conservation of soil resources and for the prevention or control of soil erosion; (7) To construct, improve, and maintain such structures as may be necessary or convenient for the performance of any of the operations authorized in this chapter; (8) To develop comprehensive plans for the conservation of soil resources and for the control and prevention of soil erosion within the district, which plans shall specify in such detail as may be possible, the acts, procedures, performances, and avoidances which are necessary or desirable for the effectuation of such plans, including the specification of engineering operations, methods of cultivation, the growing of vegetation, cropping programs, tillage practices, and changes in use of land; and to publish such plans and information and bring them to the attention of owners and occupiers of lands within the district; (9) To take over, by purchase, lease, or otherwise, and to administer, any soil-conservation, erosion-control, or erosion-prevention project located within its boundaries undertaken by the United States or any of its agencies, or by this state or any of its agencies; to manage, as agent of the United States or any of its agencies, or of the state or any of its agencies, any soil-conservation, erosion-control, or erosion-prevention project within its boun-

23 SOIL CONSERVATION daries; to act as agent for the United States, or any of its agencies, or for the state or any of its agencies, in connection with the acquision, construction, operation or administration of any soil-conservation, erosion-control, or erosion-prevention project within its boundaries; to accept donations, gifts, and contributions in money, services, materials, or other.:. wise, from the United States or any of its agencies, or from this state or any of its agencies, or from others, and to use or expend such moneys, services, materials or other contributions in carrying on its operations; (10) To sue and be sued in the name of the district; to have a seal, which seal shall be judicially noticed; to have perpetual succession unless terminated as provided in this chapter; to make and execute contracts and other instruments necessary or convenient to the exercise of its powers; to make, amend and repeal, rules and regulations not inconsistent with this chapter, to carry into effect its purposes and powers; (11) As a condition to the extending of any benefits under this chapter to, or the performance of work upon, any lands not owned or controlled by this state or any of its agencies, the supervisors may require contributions in money, services, materials, or otherwise to any operations conferring such benefits, and may require landowners and occupiers to enter into and perform such agreements or convenants as to the permanent use of such lands as will tend to prevent or control erosion thereon; (12) No provisions with respect to the acquisition, operation, or disposition of property by public bodies of this state shall be applicable to a district organized hereunder unless the legislature shall specifically so state. The property and property rights of every kind and nature acquired by any district organized under the provisions of this chapter shall be exempt from state, county, and other taxation Adoption of land-use regulations. The supervisors of any district shall have authority to formulate regulations governing the use of lands within the district in the interest of conserving soil and soil resources, and preventing and controlling soil erosion. The supervisors may conduct such public meetings and public hearings upon tentative regulations as may be necessary to assist them in this work. The supervisors shall not have authority to adopt such land-use regulations until after they shall have caused due notice to be given of their intention to conduct a referendum for submission of such regulations to the owners of lands lying within the boundaries of the district, for their indication of approval or disapproval of such proposed regulations, and until after the supervisors have considered the result of such referendum. Copies of such proposed regulations shall be available for the inspection of all eligible voters during the period between publication of such notice and the date of the referendum. The notices of the referendum shall recite the contents of such proposed regulations, or shall state where copies of such proposed regulations may be examined. The question shall be submitte~ by ballots, upon which the words "For approval of proposed land-use regulations for the conservation of soil and prevention of erosion" and "Against approval of proposed land-use regulations for conservation of soil and prevention of erosion'' shall appear, with a square before each proposition and a direction to insert an X mark in the square be- fore one or. the other of said propositions as the voter may favor or oppose approval of such proposed regulations. The supervisors shall supervise such referendum, shall prescribe appropriate regulations governing the conduct thereof, and shall publish the result thereof. All owners of lands within the district shall be eligible to vote in such referendum. Only such land owners shall be eligible to vote. No informalities in the conduct of such referendum or in any matters relating thereto shall invalidate said referendum or the result thereof if notice thereof shall have been given substantially as herein provided and said referendum shall have been fairly conducted. The supervisors shall not adopt such proposed regulations unless at least a majority of the votes cast in such referendum shall have been cast for approval of the said proposed regulations. The approval of the proposed regulations by a majority of the votes cast in such referendum shall not be deemed to require the supervisors to adopt such proposed regulations. Land-use regulations adopted pursuant to the provisions of this section by the supervisors of any district shall be binding and obligatory upon all owners and occupiers of land within such districts. Any owner of land within such district may at any time file a petition with the supervisors asking that any or all of the land-use regulations adopted by the supervisors under the provisions of this section shall be amended, supplemented, or repealed. Land-use regulations adopted pursuant to the provisions of this section shall not be amended, supplemented, or repealed except in accordance with the procedure prescribed in this section for adoption of land-use regulations. Referenda of adoption, amendment, supplementation, or repeal of land-use regulations shall not be held more often than once in six months Regulations; contents.-the regulations to be adopted by the supervisors, under the provisions of this c}:j.apter may include: (1) Provisions requiring the carrying out of necessary engineering operations, including the construction of terraces, terrace outlets, check dams, dikes, ponds, ditches, and other necessary structures; (2) Provisions requiring observance of particular methods of cultivation including contour cultivating, contour furrowing, lister furrowing, sowing, planting, strip cropping,

24 SOIL CONSERVATION changes in cropping systems, seeding, and planting of lands to water-conserving and erosion-preventing plants, trees and grasses, forestation, and reforestation; (3) Specifications of cropping programs and tillage practices to be observed; ( 4) Provisions requiring the retirement from cultivation of highly erosive areas or of areas on which erosion may not be adequately controlled if cultivation is carried on; ( 5) Provisions-for such other means, measures, operations and programs as may assist conservation of soil resources and prevent or control soil erosion in the (listrict, having due regard to the legislative findings set forth in this chapter. The regulations shall be uniform throughout the territory comprised within the district except that the supervisors may classify the lands within the district with reference to such -factors as soil type, degree of slope, degree of erosion threatened or existing, cropping and tillage practices in use, and other relevant factors, and may provide regulations varying with the type or class of land affected, but uniform as to all lands within each class or type. Copies of land-use regulations adopted under the provisions of this chapter shall be printed and made available to all owners and occupiers of lands lying within the district Performance of work under the regulations by the supervisors.-the supervisors may go upon any lands within the district to determine whether land-use regulations adopted are being observed. Where the supervisors of any district shall find that any of the provisions of land-use regulations adopted are not being observed on particular lands, and that such non-observance tends to increase erosion on such lands and is interfering with the prevention or control of erosion on other lands within the district, the supervisors may present to the circuit court for the county or counties within which the lands of the defendant may lie, a petition, duly verified, setting forth the adoption of the land-use regulations, the failure of the defendant land owner or occupier to observe such regulations, and to perform particular work, operations, or avoidances as required thereby, and that such non-observance tends to increase erosion on such lands and is interfering with the prevention or control of erosion on other lands within the district, and praying the court to require the defendant to perform the work, operations, or avoidances within a reasonable time and to order that if the defendant shall fail so to perform the supervisors may go on the land, perform the work or other operations or otherwise bring the condition of such lands into conformity with the requirements of such regulations, and recover the costs and expenses thereof, with interest, from the owner of such' land. Upon the presentation of such petition the court shall cause process to be issued against the defendant, and shall hear the case. If it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence, or appoint a referee to take such evidence as it may direct and report the same to the court within his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may dismiss the petition; or it may require the defendant to perform the work, operations, or avoidances, and may provide that upon the failure of the defendant to initiate such performance within the time specified in the order of the court, and to prosecute the same to completion with reasonable diligence, the supervisors may enter upon the lands involved and perform the work or operations, or otherwise bring the conditions of such lands into conformity with the requirements of the regulations and recover the costs and expenses thereof, with interest at the rate of five per cent per annum, from the owner of such lands. The court shall retain the jurisdiction of the case until after the work has been completed. Upon completion of such work pursuant to such order of the court the supervisors may file a petition with the court, a copy of which shall be served upon the defendant in the case, stating the costs and expenses sustained by them in the performance of the work and praying judgment therefor with interest. The court shall have jurisdiction to enter judgment for the amount of such costs and expenses, with interest at the rate of five per cent per annum until paid, together with the costs of suit, including a reasonable attorney's fee to be fixed by the court Board of adjustment.-where the supervisors of any district organized under the provisions of this chapter shall adopt an ordinance prescribing land-use regulations, said supervisors shall constitute, and be exofficio members of, a board of adjustment to hear and consider petitions which may be submitted to such board by any land owner in the district praying for relief from any of the provisions of the said land-use regulations Rules of procedure of board.-the board of adjustment shall adopt rules to govern its procedures, which rules shall be in accordance with the provisions of this chapter and with the provisions of any ordinance adopted pursuant to this chapter. The board shall designate a chairman from among its members, and may, from time to time, change such designation. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. Any three members of the board shall constitute a quorum. The chairman, or in his absence such other member of the board as he may designate to serve as acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep a full and accurate record of all proceedings and of all documents filed in its office, which shall be a public record.

25 SOIL CONSERVATION Petition to board to vary from regulations.-any land owner or occupier may file a petition with the board of adjustment alleging that there are great practical difficulties or unnecessary hardship in the way of his carrying out upon his lands the strict letter of the land-use regulations prescribed by ordinance approved by the supervisors, and praying the board to authorize a variance from the terms of the land-use regulations in the application of such regulations to the lands occupied by the petitioner. Copies of such petition shall be filed by the petitioner with the chairman of the state soil conservation board. The board of adjustment shall fix a time for the hearing of the petition and cause due notice of such hearing to be given. The state soil conservation board shall have the right to ~ppear and be heard at such hearing. Any owner or occupier of lands lying within the district who shall object to the authorizing of the variance prayed for may intervene and become a party to the proceedings. Any party to the hearing before the board may appear in person, by agent, or by attorney. If, upon the facts presented at such hearing, the board shall determine that there are great practical difficulties or unnecessary hardship in the way of applying the strict letter of any of the land-use regulations upon the lands of the petitioner, it shall make and record such determination and shall make and record findings of fact as to the specific conditions which establish such great practical difficulties and unnecessary hardships. Upon the basis of such findings and determination, the board shall have power by order to authorize such variance from the terms of the landuse regulations, in their application to the lands of the petitioner, as will relieve such great practical difficulties or unnecessary hardship and will not be contrary to the public interest, and such that the spirit of the land-use regulations shall be observed, the public health, safety, and welfare secured, and substantial justice done Review of order by circuit court. Any petitioner aggrieved by an order of the board granting or denying, in the whole or in part, the relief sought, or any intervening party, may obtain a review of such order in the circuit court for the county or counties within which the lands of the petitioner may be, by filing in such court a petition praying that the order of the board be modified or set aside. A copy of such petition shall forthwith be served upon the parties to the hearing before the board and thereupon the party seeking review shall file in the court a transcript of the entire record in the proceedings, certified by the board, including the documents and testimony upon which the order complained of was entered, and the findings, determination, and order of the board. Upon such filing, the court shall cause notice thereof to be served upon the parties and shall have jurisdiction of the proceedings and of the questions determined or to be determined therein, and shall have power to grant such temporary relief as it deems just and proper, and to make and enter a decree enforcing, modifying, and enforcing as so modified, or setting aside, in whole or in part, the order of the board. No contention that has not been urged before the board shall be considered by the court unless the failure or neglect to urge such contention shall be excused because of extraordinary circumstances. The findings of the board as to the facts, if supported by evidence, shall be conclusive. If any party shall apply to the court for leave to produce additional evidence and shall show to the satisfaction of the court that such evidence is material and that there were reasonable grounds for the failure to produce such evidence in the hearing before the board, the court may order such additional evidence to be taken before the board and to be made a part of the transcript. The board may modify its findings as to the facts or make new findings, taking into consideration the additional evidence so taken and filed, and it shall file such modified or new findings, which, if supported by evidence, shall be conclusive, and shall file with the court its recommendations, if any, for the modification or setting aside of its original order. The jurisdiction of the court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to review in the same manner as are other judgments or decrees of the court Cooperation between districts.-the supervisors of any two or more districts organized under the provisions of this chapter may cooperate with one another in the exercise of any or all powers conferred in this chapter State agencies to cooperate.-agencies of this state which shall have jurisdiction over, or be charged with, the administration of any state-owned lands, and of any county, or other governmental subdivision of the state, which shall have jurisdiction over, or be charged with the administration of, any county-owned or other publicly owned lands, lying within the boundaries of any district organized under this chapter, shall cooperate to the fullest extent with the supervisors of such districts in the effectuation of programs and operations undertaken by the supervisors under the provisions of this chapter. The supervisors of such districts shall be given free access to enter and perform work upon such publicly owned lands. The provisions of landuse regulations adopted shall be in all respects observed by the agencies administering such publicly owned lands Discontinuance of districts; referendum.-any time after five years from the organization of a district under the provisions of this chapter, any twenty-five owners of land lying within the boundaries of such district may file a petition with the state soil conservation board praying that the operations of the

26 SOIL CONSERVATION district be terminated and the existence' of the district discontinued. The board may conduct such public meetings and public heari~gs ~p~n petition as may be necessary. t~ as~ist It m the consideration thereof. Withm sixty days after such a petition has been received by the board it shall give due notice of the holding of a referendum, and shall supervise such referendum and issue appropriate regulations governing the conduct thereof, the question to be submitted by ballots upon which the words "For terminating the existence of the (N arne of the soil conservation district to be here inserted)" and "Against terminating the existence of the (Name of the soil conservatio~ district to be here inserted)" shall appear with a square before each proposition and a direction to insert an X mark in the square before one or the other of said propositions as the voter may favor or oppose discontinuance of such district. All owners of lands lying within the boundaries of the district shall be eligible to vote in such referendum. Only such land owners shall be eligible to vote. No informalities in the conduct of such referendum or in any matters relating thereto shall invalidate said referendum or the result thereof if notice thereof shall have been given substantially as herein provided and said referendum shall have been fairly conducted. If two-thirds or more of the qualified voters in such referendum shall have voted for the discontinuance of the district, the board shall certify to the ' supervisors of the district the result of such referendum and that the continued op'eration of the district is not administratively practicable and feasible Certification of results of referendum dissolution.-upon receipt from the state soil 'conservation board of a certification that the board has determined that the continued operation of the district is not administratively practicable and feasible, pursuant to. the provisions of this chapter, the supervisors shall forthwith proceed to terminate the affairs of the district. The supervisors shall dispose of all property belonging to the district at public auction and shall pay over the proceeds of such sale to be converted into the state treasury, which amount shall be placed to the credit of the state soil conservation board for the purpose of liquidating any legal obligations said district may have at the time of its, discontinuance. The supervisors shall thereupon file an application, duly verified, with the secretary of state for the discontinuance of such district, and shall transmit with such application the certificate of the state soil conservation board setting forth the determination of the board that the continued operation of such district is not administratively practicable and feasible. The application shall recite that the property of the district has been disposed of and the proceeds paid over as in this section provided, and shall set forth a full accounting of such properties and proceeds of the sale. The secretary of state shall issue to the supervisors a certificate of dissolution and shall record such certificate in an appropriate book of record in his office Continuance of existing contracts, etc.-upon issuance of a certificate of dissolution all land-use regulations theretofore adopted and in force within such districts shall be of no further force and effect. All contracts theretofore entered into, to which the district or supervisors are parties, shall remain in force and effect for the period provided in such contracts. The state soil conservation board shall be substituted for the district or supervisors as party to such contracts. The board shall be entitled to all benefits and subject to all liabilities under such contracts and shall have the same right and liability to perform, to require performance, and to modify or terminate such contracts by mutual consent or otherwise, as the supervisors of the district would have had. Such dissolution shall not affect the lien of any judgment entered under the provisions of this chapter, nor the pendency of any action instituted under the provisions of this chapter, and the board shall succeed to all the rights and obligations of the district or supervisors as to such liens and actions. The state soil conservation board shall not be required to entertain petitions for the discontinuance of any district nor conduct referenda upon such petitions nor make determinations pursuant to such petitions in accordance with the provisions of this chapter, more often than once in five years.

27 C~ASSIFICATION AND SALE OF EGGS, POULTRY, ETC CHAPTER 583 CLASSIFICATION AND SALE OF EGGS, POULTRY, ETC Definitions Labeling, marking and advertising eggs Commissioner of agriculture to fix grades and standards, etc Promulgation of regulations Powers of commissioner of agriculture in making inspections Employment of assistants Egg inspection fee Sales between dealers Certification of dealers Copies of invoices to commissioner of agriculture Definitions.-In construing this chapter, where the context permits, the word, phrase or term: ( 1) "Dealer" shall mean any person selling or offering for sale, in or into this state thirty or more dozens of eggs in any one week; or any fowls not produced by him but purchased and held by him for the purpose of sale; (2) "Cold storage eggs" shall mean eggs which have been in cold storage and which meet the grades and standards of qualification set up by the commissioner of agriculture; (3) "Shipped eggs" shall mean eggs which have been produced outside this state, which meet the grades and standards of qualification set up by the commissioner of :;~.griculture; ( 4) "Unclassified eggs" shall mean eggs which have not been in cold storage but which do not meet the grades and standards of qualification set up by the commissioner of agriculture; (5) "Processed eggs" shall mean eggs which have been shell treated; and ( 6) "Florida eggs" shall mean eggs which have been produced in this state which meet the grades and standards set up by the commissioner of agriculture. (7) "Fowl" shall mean all "kinds of poultry and shall include chickens, turkeys, ducks, guineas, geese, pigeons and other domesticated food birds Labeling, marking and advertising eggs.-it is unlawful for any dealer: (1) To offer for sale or sell in this state any case of eggs, or partial case of eggs, without clearly imprinting thereon or securely pasting thereto a label not smaller than seven inche-s by seven inches, on which shall be plainly and legibly printed the name and address of the packer of said eggs and the classification, grade and standard to which such eggs belong. (2) To offer for sale or sell in this state any carton of eggs without clearly designating thereon the classification, grade and standard to which such eggs belong. (3) To offer for sale or sell eggs in bulk (n.ot, in cases or cartons) from any open case, box, basket, or _ other receptacle holding said eggs in bulk without displaying conspicuously on every such case, box, basket, or other receptacle a placard or heavy cardboard not Eggs in interstate commerce excepted Live and dressed poultry Dealers to mark slaughtered fowl as to grade Certification of fowl dealers Reports of fowl dealers Interstate shipments exempt Grades and standards for fowls Inspection by commission Sale of unsound, etc., fowls prohibited Penalties for violations of chapter. smaller than seven inches by seven inches in size, on which shall be legibly and plainly printed in letters not smaller than one inch in height, wording showing whether said eggs offered for sale or sold are "cold storage eggs" (inserting the state of origin), "shipped (inserting the state of origin) eggs," "Florida eggs," "unclassified eggs" (inserting the state of origin) or "processed eggs" (inserting the state of origin), and also stating the grade and standard to which the eggs contained therein conform. ( 4) To offer eggs for sale in any newspaper advertisement, circular, radio or other form of advertising without plainly designating in such advertisement the classification, grade and standard to which the eggs being offered for sale properly belong. (5) To use the term "Florida" in connection with the advertisement and sale of eggs not produced in this state Commissioner of agriculture to fix grades and standards, etc.-the commissioner of agriculture may determine, establish, and promulgate, from time to time, reasonable grades and standards of quality for eggs to be sold or offered for sale in the State of Florida, such as will, in his judgment, promote honest and fair dealing in the interest of the consumer; and he may alter or modify such grades and standards of quality from time to time, as in his judgment, honest and fair dealing in the interest of the consumer may require; provided, however, that the grades and standards of quality so fixed by the commissioner of agriculture shall be based upon requirements not exceeding the requirements necessary to meet the grades and standards of quality prescribed by the United States department of agricultu~e. or which may hereafter be prescribed by such United States department of agriculture, and the tolerance to be allowed shall be the same as is allowed in each grade or standard of quality by the United States department of agriculture Promulgation of regulations.-the commissioner of agriculture may make and promulgate such regulations as may be necess.ary to carry out the provisions of this chapter PowerS' of commissioner of agriculture in making inspections.-the commissioner

28 CLASSIFICATION AND SALE OF EGGS, POULTRY, ETC. of agriculture, his employees or agents, in carrying out the provisions of this chapter may enter, on any business day, during the usual hours of business, any store, market or any other building or place where eggs are sold or offered for sale, and to stop and inspect any truck or other vehicle transporting eggs to be sold or offered for sale, and to make such examination as is necessary to ascertain whether or not any of the provisions of this law are being violated Employment of assistants.- The commissioner of agriculture may employ such assistants as are necessary to carry out and enforce the provisions of this chapter, such assistants to be paid out of the general inspection fund Egg inspection fee.-an inspection. fee of four cents on each thirty-dozen case of eggs, or its equivalent, is imposed, the same to be collected by the commissioner of agriculture and the proceeds thereof to be placed in the general inspection fund of the department of agriculture. The method and manner of collection of such inspection fee, by stamps or otherwise, shall be prescribed by the commissioner of agriculture Sales between dealers.-in the event a dealer who is a holder of a certificate shall sell or consign eggs to another dealer in Florida who also holds a certificate, the commissioner of agriculture may permit the consignor or original seller to deliver to the consignee the eggs so sold or consigned without labels or stamp!!; provided said eggs are accompanied by proper bill of lading, and provided further that the consignee, immediately upon receipt of such eggs and prior to selling or offering them for sale, shall affix to each case the inspection stamp and the label required by this chapter Certification of dealers.-it is unlawful for any person to sell or offer for sale eggs as a dealer unless such person has obtained from the commissioner of agriculture a certificate to be issued free of charge authorizing such person to engage in the selling of eggs as such dealer in or into the State of Florida. Such certificate shall be subject to revocation by the commissioner of agriculture for cause Copies of invoices to commissioner of agriculture.-the commissioner of agriculture may for cause require any dealer so granted a certificate to mail to the office of the commissioner of agriculture at Tallahassee, Florida, duplicate copies of all invoices or equivalent information, showing the consignor, the consignee, the quantity, source, classification, grades and standards of eggs included in each purchase.or sale, or such other information as the commissioner of agriculture may requ\j,:e; and the commissioner of agriculture may presc;ribe the forms to be used to give such information Eggs in interstate commerce excepted.-this chapter shall not apply to any shipment of eggs while the same constitutes a bona fide shipment in interstate commerce, but this chapter shall apply at the very instant when an interstate shipment comes to rest within the State of Florida and the police power may be exerted thereon, or whenever such interstate shipment loses its character as such Live and dressed poultry.-live and dressed poultry are classified as : (1) Live poultry, construed to mean fowl, not diseased, to be slaughtered for human consumption. (2) Fresh dressed, construed to mean any fowl free from disease, slaughtered in the State of Florida and not held under a temperature of thirty-two degrees Fahrenheit or lower. (3) Shipped (designating the state where slaughtered) dressed, construed to mean any fowl free from disease, slaughtered outside the State of Florida which has not been held at a temperature of thirty-two degrees Fahrenheit or lower. ( 4) Cold storage, construed to mean all fowl free from disease and regardless of where slaughtered, that have been preserved by refrigeration at a temperature of thirtytwo degrees Fahrenheit or lower Dealers to mark slaughtered fowl as to grade.-it is unlawful for any dealer: (1) To offer for sale or sell in the State of Florida any slaughtered fowl without clearly imprinting thereon or attaching thereto a label or tag, not less than two inches in diameter on which shall be plainly and legibly printed the classification, grade and standard to which the same belong. Whenever shipped, fresh dressed or cold storage fowl are sold or offered for sale packed in a container other than an airtight container, such container shall have affixed a label, not less than two inches by four inches on which shall be plainly and legibly printed in letters not less than threeeighths inch in height the classification, grade and standard to which the contents of such container belong. (2) To offer fowl for sale in any newspaper advertisement, circular, radio or other form of advertising without plainly designating in such advertisement the classification, grade and standard to which the fowl being offered for sale properly belong Certification of fowl dealers.-it is unlawful for any person to sell or offer for sale live or dressed poultry as a dealer unless such person has obtained from the commissioner of agriculture a certificate authorizing such person to engage in the sale of live or dressed poultry as such dealer in or into the State of Florida. Such certificate shall be subject to revocation by the commissioner of agriculture for cause Reports of fowl dealers.-the commissioner of agriculture may require every

29 CLASSIFICATION AND SALE OF EGGS, POULTRY, ETC dealer granted a certificate to mail to the office of the commissioner of agriculture at Tallahassee, Florida, duplicate copies of all invoices or equivalent information, showing the consignor, the consignee, the quantity, source and classification of fowl included in each purchase or sale, or such other information as the commissioner may require; and the commissioner may prescribe the forms to be used to give such information Interstate shipments exempt.-this law shall not apply to any shipment of live or dressed poultry while the same constitutes a bona fide shipment in interstate commerce, but shall apply at the very instant when an interstate shipment comes to rest within the State of Florida and the police power may be asserted thereon, or whenever such interstate shipment loses its character as such Grades and standards for fowls. The commissioner of agriculture may determine, establish and promulgate, from time to time, reasonable grades and standards of quality as to each or all of the classifications for fowl to be sold or offered for sale in the State of Florida, such as will, in his judgment, promote honest and fair dealing in the interest of the consumer; and he may alter or modify such grades and standards of quality from time to time, as in his judgment honest and fair dealing in the interest of the consumer may require; provided, however, that the grades and standards of quality so fixed by the commissioner of agriculture shall be based upon requirements not exceeding the requirements necessary to meet the grades and standards of quality prescribed by the United States department of agriculture, or which may hereafter be prescribed by such United States department of agriculture, and the tolerance to be allowed shall be the same as is allowed in each grade or standard of quality by the United States department of agriculture. The commissioner of agriculture may also make and promulgate such regulations as may be necessary to carry out the provisions of this law Inspection by commission.-the commissioner of agriculture, his employees or agents, in carrying out the provisions of this law, may enter on any business day, during the usual hours of business, any store, market or any other building or place where fowl are sold or offered for sale, and stop and inspect any truck or other vehicle transporting fowl to be sold or offered for sale, and make such examination as is necessary to ascertain whether or not any of the provisions of this law are being violated. The commissioner shall employ the regular egg and pure food inspectors for carrying out and enforcing these provisions, and all expenses of enforcement shall be paid out of the general inspection fund Sale of unsound, etc., fowls prohibited.-it is unlawful for any person to sell fowl, live or dressed, which is unsound, unhealthful, unwholesome, diseased or otherwise unfit for human consumption Penalties for violations of chapter. Any person violating any provision of this chapter, or any rule or regulation promulgated by the commissioner of agriculture within this chapter, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be imprisoned in the county jail for not more than ninety days or shall be fined in a sum not less than fifty dollars nor more than two hundred dollars. In addition thereto, the commissioner may revoke the certificate of any dealer convicted of any violation of this chapter. cf Alternative punishment.

30 CONTROL OF HONEY BEE DISEASES CHAPTER 584 CONTROL OF HONEY BEE DISEASES Powers of state plant board over honey Plant board may require removal, destrucbees. tion, etc., of exposed or infected bees. Certificate of inspection to accompany Movement of second-hand hives, etc., into shipments. state prohibited. Authority of plant board to enter depots, Penalty for violations. etc., to inake inspections Powers of state plant board over honey bees.-the state plant board of Florida may deal with American and European foul brood, Isle of Wight disease and all other contagious or infectious diseases of honey bees which, in its opinion, may be prevented, controlled or eradicated; and may make, promulgate and enforce such rules, ordinances and regulations and do and perform such acts, through its agents or otherwise, as in its judgment may be necessary to control, eradicate or prevent the introduction, spread or dissemination of any and all contagious diseases of honey bees, as far as may be possible, and all such rules, ordinances and regulations of said plant board shall have the force and effect of law Certificate of inspection to accompany shipments.-all honey bees (including bee/5 in wire cages, with or without combs or honey) shipped or moved into the State of Florida shall be accompanied by a certificate of inspection signed by the state entomologist, state apiary inspector or corresponding official of the state or country from which such bees are shipped or moved. Such certificate shall certify to the apparent freedom of the bees, and their combs and hives, from contagious and infectious diseases and must be based upon an actual inspection of the bees themselves within a period of sixty days preceding date of shipment; provided, that when honey bees are to be shipped into this state from other states or countries wherein no official apiary inspector or state entomologist is available, the state plant board of Florida may issue permit for such shipment upon presentation of suitable evidence showing such bees to be free from disease Authority of plant board to enter depots, etc., to make inspections.-the state plant board, its agents and employees, may enter any depot, express office, store-room, warehouse or premises for the purpose of inspecting any honey bees or beekeeping fixtures or appliances therein or thought to be therein, for the purpose of ascertaining whether said bees or fixtures are infected with any contagious or infectious disease, or which they may have reason to believe have been, or are being transported in violation of any. of the provisions of this chapter Plant board may require removal, destruction, etc., of exposed or infected bees. The plant board, through its agents or employees, may require the removal from this state of any honey bees or beekeeping fixtures which have been brought into the state in violation of the provisions of this chapter, or if finding any honey bees or fixtures infected with any contagious or infectious disease, or if finding that such bees or fixtures have been exposed to danger of infection by s.uch a disease, may require the destruction, treatment or disinfection of such infected or exposed bees, hives, fixtures or appliances Movements of second-hand hives, etc., into state prohibited.-the shipment or movement into this state of any used or second-hand bee hives, honey combs, frames or other beekeeping fixtures is prohibited, except under such rules and regulations as may be prescribed by the state plant board Penalty for violations.-any person violating any of the provisions of this chapter, or of the rules or regulations of the state plant board, adopted in accordance with the provisions of this chapter, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than twenty-five nor more than five hundred dollars, or by imprisonment for not more than six months in the county jail. cf Alternative punishment.

31 STATE LIVE STOCK SANITARY BOARD 5~5.05 CHAPTER 585 STATE LIVE STOCK SANITARY BOARD Definitions Fever tick eradication; quarantines State live stock sanitary board Fever tick eradication; dipping schedules State live stock sanitary board a body Fever tick eradication; pasture rotation corporate Headquarters of board and place of meetings Compensation and expenses of board Procurement of expense moneys Audit and payment of accounts General powers of the board; rules and regulations Procedure for condemnation of domestic animals and property by board Condemned and destroyed animals; limitation on payment to owner in certain cases Cooperation with United States authorities State veterinarian Live stock inspectors Information concerning, and control of, live stock diseases Dangerous transmissible diseases. method Fever tick eradication; refund of costs, etc Fever tick eradication; abitration of costs, etc Dipping of family milch cow and widow's cattle Fever tick eradication; procedure where owner fails or refuses to dip Tax levy for tick eradication Purchase and distribution of anti-hog cholera serum and virus Establishment of anti-hog cholera serum and virus plant Inspection and transportation of meats in Florida Power of board to enter private premises for purpose of inspection, etc Board charged with enforcement of law; duties of prosecuting attorneys Powers of board in connection with certain diseases. dis Courts have power to enforce provisions by Care of live stock with transmissible mandamus or injunction. eases Diseased animals. Injuring property used in the eradication Practitioners of veterinary medicine and of diseases of cattle, etc. owners of live stock to report communic Interference with state live stock sanitary able diseases. Injection of germs into animals. Sale of biological products. Public notice of general quarantines. Owners of live stock and premises under quarantine to comply with rules and regulations Definitions.-ln construing this chapter, where the context permits, the word, phrase or term: (1) "Domestic animal" shall include any equine or bovine animal, goat, sheep, swine, dog, poultry or any other domesticated beast or bird; (2) "Cattle" shall include any bull, steer, ox, cow, heifer, calf or any other animal subject to infection by cattle fever ticks; (3) "Board" shall mean the state live stock sanitary board of Florida; (4) "Owner" shall include any owner, custodian or other person in charge of cattle State live stock sanitary board.-the state live stock sanitary board shall be composed of seven practical live stock men, resident citizens of the State of Florida actively engaged in the live stock industry, to be appointed by the governor for terms of four years each and until their successors shall have been duly appointed and qualified. Said terms of office shall date from the expiration of the present existing terms. Before entering upon the discharge of their duties as members of said' board each member shall subscribe to the oath of office as required by the Florida constitution, and shall also be required to give a good and sufficient bond, in the penal sum of ten thousand dollars, with some surety company authorized to do business in the State of Flol' ida as,surety, payable to the governor and his board. Violation of quarantine regulations. Violation of rules or regulations of board. Killing young veal for sale; penalty. Limiting free distribution of anti-hog cholera serum and virus. successors in office and conditioned upon the due and faithful performance of his duties as a member of the live stock sanitary board State live stock sanitary board a body corporate.-the said state live stock sanitary board shall be a body corporate, having the usual powers of a body corporate for all purposes necessary to fully carry out the provisions and requirements of this chapter. The said board shall have a corporate seal to be selected by it. The said board shall select one of its members as chairman and the state veterinarian shall be secretary to the said board Headquarters of board and place of meetings.-the official headquarters of the board shall be in Tallahassee, Florida; however, it may hold its meetings at such places within the state as may be determined by resolution or as may be selected by a majority of the members of said board. The annual meeting of said board shall be held on the first Monday in March of each year. Special meetings may M called at any time by the chairman or by the secretary upon the written request of a majority of the members. A majority of the members of the board shall constitute a quorum for all purposes Compensation and expenses of board. -The members of the board shall receive no compensation for the work they may render

32 STATE LIVE STOCK SANITARY BOARD under the provisions of this chapter, except that they shall receive their expenses. necessarily paid or incurred in the discharge of their duties as members of the board Procurement of expense moneys. The board may forward to the comptroller of the state at the end of each month a requisition for such sum of money for current and incidental expenses for the ensuing month as said board may deem to be necessary and sufficient. Upon the receipt of such requisition the comptroller shall endorse on the same the amount they may so require, and the treasurer shall transmit the amount named in the requisition to the board, which amount so advanced shall be covered and accounted for to the comptroller by proper vouchers and payment of any unex- pended balance during the current month and before the succeeding monthly advance is made, and the comptroller shall audit the account and vouchers and draw his warrants on the treasurer for the amount due, and shall pay over to the treasury such warrant and amount returned by the board as provided for in this section, taken up by the requisition of the board given to the treasurer Audit and payment of accounts. Upon the presentation to the comptroller of any accounts duly approved by the said live stock sanitary board, accompanied by such itemized vouchers as shall be required by him, the comptroller shall audit the same and draw a warrant on the state treasurer for the amount for which the account is audited General powers of the board; rules and regulations.-the board shall have full power and authority to: (1) Establish, maintain and enforce quarantine areas, within the state or of the entire state, and restrict, regulate or prohibit the movement or transportation of livestock into, from or within such areas, when necessary for the carrying out of the purposes of this chapter and for the prevention of the spread or dissemination of any contagious, infectious or communicable disease among domestic animals; (2) Prescribe quarantine areas, their location and boundaries, for the eradication of cattle fever and the cattle fever tick and to restrict, regulate or prohibit the movement or transportation of domestic animals into or out of such quarantine areas when deemed necessary for the prevention of the spread or dissemination of cattle fever; (3) Make, promulgate, amend, repeal and enforce rules and regulations: (a) For the carrying out of the provisions, purposes and requirements of this., chapter; (b) Governing the introduction of domestic animals into or within the state, which rules and regulations, when deemed necessary by the board, may require that all domestic animals moved into the state be covered by an official health certificate and requisite test chart approved by the live stock sanitary officer of the state or country of origin; (c) Governing the disposal or destruction of carcasses of domestic and other animals, which die from or while afflicted with any contagious, infectious or communicable disease, in such manner as to prevent the spread or continuance of such contagion or infection; ( 4) Condemn and destroy any domestic animal affected with any contagious, infectious or communicable disease, 'or which has been exposed to or is suspected of being liable to communicate the contagion or infection of any contagious, infectious or communicable disease; ( 5) Condemn and destroy any barn, yard, shed, corral or pen which, in the opinion of the board, is liable to convey the said infection or contagion Procedure for condemnation of domestic animals and property by board.-condemnation and destruction of domestic animals, barns, yards, sheds, corrals ahd pens, as provided in , shall take place only after a fair appraisal of the value of the property by three distinterested appraisers, one to be appointed by the board, one by the owner of the property and the third to be selected by these two. The appraised price shall be paid by the board as other expenses are paid. If the owner or person in charge of such domestic animal,!jarn, yard, shed, corral or pen refuses to permit the same to be condemned and destroyed, the board may make an order to the sheriff of the county wherein the property lies directing him to destroy such domestic animal, barn, yard, shed, corral or pen, in the manner to be prescribed by such order, which order shall be executed by said sheriff forthwith. Upon the destruction of the said property by the said sheriff, the board shall have the right to recover, from the owner of the property destroyed, all costs and expenses incurred by it in connection therewith Condemned and destroyed animals; limitation on payment to owner in certain cases. -The board may indemnify and reimburse the owners of animals condemned and destroyed by order of the board in cases where such animals have reacted to the tuberculin test or the Bangs disease blood test; provided, however, that such indemnity or reimbursemen't shall not exceed the sum of twelve dollars and fifty cents for any one animal, and provided such indemnity or reimbursement shall be paid only to owners of dairy cows producing twenty pounds of milk per day, for an average of at least eight months per year Cooperation with United States authorities.-the board shall cooperate with: (1) The authorities of the United States in the enforcement of all acts of congress for the control, prevention, suppression and extirpation of contagious, infectious and communicable diseases affecting domestic animals, and in connection therewith may: (a) Appoint inspectors of the United States bureau of animal industry as temporary assistant state veterinarians or live stock inspectors;

33 S'f ATE LIVE STOCK SANITARY BOARD provided, they shall first consent to act without compensation or profit from the State of Florida; (b) Accept aid or assistance from the United States in conducting the work of tick eradication and hog cholera control, or from any of its officers, representatives or agents, in carrying out such work. (2) The officials of the United States bureau of animal industry in tuberculosis eradication and Bang's disease control work and the owners of live stock and domestic animals who accept indemnity for animals found to be diseased and slaughtered in accordance with the special acts of congress now in effect and appropriating funds for this purpose, or that may hereafter be available from such course State veterinarian.-the board shall employ a person, who shall be an experienced expert in contagious, infectious and commun -icable diseases of domestic animals, who shall have had at least five years' experience in tick eradication, tuberculosis eradication, hog cholera control, Bang's disease control, hemorrhagic septicemia, anthrax and other contagious, infectious and communicable diseases of domestic animals, and who shall be a person of recognize<l ability and a graduate of a recognized and reputable college of veterinary medicine, and a resident of the State of Florida for five years, who shall be known as the state veterinarian, but who shall be an employee of said live stock sanitary board and whose powers, duties and compensation shall be fixed by the said board Live stock inspectors.-the board may select, appoint, commission and employ competent persons to be known as live stock inspectors; employ labor, agents and representatives as the said board may determine, and fix the terms of their employment, their compensation, powers ' and duties; purchase all materials, and incur all other expenses of whatsoever nature in connection with and required for the work of tick eradication; provided, that any and all live stock inspectors appointed under the provisions of this section shall be required to give a bond in the sum of one thousand dollars executed by a surety company authorized to execute legal bonds in this state, which bond shall be conditioned upon the faithful performance of their duties Information concerning, and control of, live stock diseases.-the board shall collect, preserve and disseminate information concerning infectious, contagious, communicable and other diseases of domestic animals, their origin, locality, nature, appearance, manner of dissemination or contagion and method of treatment required for the successful eradication and control thereof and said board shall take such measures as in its judgment may be necessary and proper for the control, suppression, eradication and prevention of the spread thereof and to protect domestic animals in the State of Florida therefrom. Said board shall also quarantine such domestic animals as it shall find, or have reason to believe, to be infected with or exposed to any such disease Dangerous transmissible diseases. The following named diseases, and any other contagious, infectious or communicable diseases now or hereafter proclaimed by the board to be of a dangerous transmissible nature, shall be known as dangerous transmissible diseases: glanders, anthrax, blackleg, contagious pleuropneumonia, rinderpest or cattle plague, hemorrhagic septicemia, foot and mouth disease or apthous fever, southern cattle fever or Texas fever, sheep scab, mange of cattle or horse, hog cholera, swine plague, swine erysipelas, fowl cholera, fowl plague or fowl pest, rabies or hydrophobia, maladie du coit or dourine of the horse, tuberculosis, Bang's disease or infectious abortion Powers of board in connection with certain diseases.-whenever any of the diseases enumerated in , or any other disease now or hereafter proclaimed by the state live stock sanitary board to be of a dangerous transmissible nature, shall exist anywhere within the State of Florida,. or whenever it is deemed necessary or advisable to examine or test or treat any animal, the board may, through its representatives and agents, establish and enforce quarantine of and examine or test any infected, exposed, suspected, or susceptible animals, and any goods, products, or materials that may carry contagion, and quarantine on or in for or against any premises, area or locality within the State of Florida Care of live stock with transmissible diseases.-no person shall knowingly or willingly transport or move, or allow any domestic animal to stray or drift, within the State of Florida, which is suffering from, afflicted with or affected with any of the diseases enumerated in or any other disease now or hereafter proclaimed by the board to be of a dangerous transmissible nature; provided, however, that the board may issue written permission for animals that have reacted to the tuberculin test or Bang's disease blood test, to be moved under quarantine for immediate slaughter Diseased animals.-no person who has knowledge of the existence of any contagious, infectious or communicable disease in or among domestic animals or live stock, or who shall have knowledge that any such animal or live stock is afflicted with or suffering from any such disease, shall conceal or attempt to conceal such diseased animal or live stock or knowledge that such diseased animal or live stock is afflicted with or suffering from any such disease, from the board, its agents and employees, or shall remove or attempt to remove such animal or live stock from the reach, care or control of the board, its agents and employees.

34 STATE LIVE STOCK SANITARY BOARD Practitioners of veterinary medicine and owners of live stock to report communicable diseases.-all practitioners of veterinary medicine, and the owner of any animal or live stock afflicted with or suffering from any contagious, infectious or communicable disease, immediately upon gaining information of the existence of any such disease in or among such domestic animals or live stock, shall report the same to the board. All such reports shall be in writing, and shall describe the diseased animal or live stock, and shall give the name and address of the owner or person in charge thereof, and the place where the same are kept Injection of germs into animals. No person may inject or otherwise administer to any domestic animal that is producing or that is to be used as food for man, any virus or other substance containing pathogenic or disease producing germs of a kind that is virulent for man or for animals except upon written permission to do so from the state live stock sanitary board Sale of biological products.-it is unlawful for any person to manufacture for sale, or sell or offer for sale any biological product intended for diagnostic or therapeutic purposes with animals except upon written permission to do so from the state live stock sanitary board or unless such product is officially approved by the United States bureau of animal industry of the United States department of agriculture Public notice of general quarantines. -Whenever the board shall place any area of the state under general quarantine, it shall forthwith give public notice thereof, which notice shall in general terms define the quarantine lines established, by causing said notice to be published, at least once, in a newspaper to be selected by the board within the county wherein the said quarantined area lies, and by posting a copy of said notice at the door of the court house of said county; provided, however, if said quarantined area lies within more than one county notice shall be published in each county affected thereby. The provisions of this section shall not apply to quarantines for tick eradication Owners of live stock and premises under quarantine to comply with rules and regulations.-all owp.ers, custodians or persons in charge of quarantined domestic animals and all owners, tenants, custodians or persons in charge, or in possession of any lot, yard, pasture, field, stall, enclosure, barn or building, which has been quarantined, shall comply with all rules and regulations prescribed by the board within a reasonable time, and clean and disinfect such animals or premises, and shall destroy carriers, or cause, or means of communicating any contagious, infectious or communicable diseases affecting such animals or infecting such premises Fever tick eradication; quarantines. -Whenever the board decides to place any area under quarantine for the purpose of fever tick eradication or control, public notice thereof shall be given by publishing said notice, in at least one newspaper of general circulation to be selected by the board in each county within said quarantined area, for two successive weeks before work is to commence, and by posting copies of said notice at the door of the court house in each county, at least two weeks before the commencement of the work. Upon any such area being freed of cattle fever tick the board shall enter its findings of such facts upon its minutes Fever tick eradication; dipping schedules.-when the board shall have placed any area under quarantine, and dipping vats, fences, corrals and pens shall have been constructed, the said board shall by resolution fix the date when systematic dipping of cattle shall begin. The resolution shall contain a schedule showing each dipping vat by name or number and the date on which the first systematic dipping of cattle is to be held at each such vat and the date of each subsequent dipping. Notice of adoption of such resolution and schedule shall be given by publishing said notice in some newspaper, published in or near said area, once each week for two successive weeks and by posting a copy of said notice two weeks before dipping shall begin, at the court house door in the county or as near as may be convenient to.each and every dipping vat to be used. Each owner of cattle then or thereafter being within said area, shall dip such cattle, at the dipping vat described in the resolution and schedule, as shall be most convenient upon the date specified for dipping respectively, and to dip all such cattle every fourteen days from and after the date of the first dipping until such time as the board shall discentinue dipping in such area Fever tick eradication; pasture rotation method.-the board may, in its discretion, employ the pasture rotation method of tick eradication in conjunction with fever tick eradication in this state. Whenever the board shall adopt the said pasture rotation method and shall require the removal, from the area in which systematic tick eradication work is being carried on, of cattle of any owner, custodian or person in charge of such cattle, the said board shall furnish the necessary assistants required to remove such cattle; or in lieu thereof may, at its election, pay to such owner the actual, necessary or reasonable expense incu~ red by him in complying with the requirements of the board in removing such cattle from such area as hereinbefore provided Fever tick eradication; refund of costs, etc.-when the owner of any cattle which are infested with fever tick, shall be required by the board to disinfect such cattle by dipping same, one-half the actual, necessary and reasonable expense incurred in collecting, driving

35 and dipping such cattle in compliance with such requirement, shall be paid by the said board to s uch owner; provided such actual, necessary and reasonable expense is incurred with the approval and consent of the board Fever tick eradication; arbitration of costs, etc.--should the board and the owner be unable to agree upon the cost of collecting, driving and dipping of such cattle, then the said cost shall be determined by three disinterested arbitrators, one to be selected by the board, one by the owner, and the third to be selected by the two selected as aforesaid. The findings of such arbitartors shall be final and binding upon the board and the owner. In event the said arbitrators refuse or neglect to determine the matters and things aforesaid and the owner fails or refuses to dip his cattle the board may, at its option, collect, drive and dip such cattle, and one-half of the expense so incurred by the board shall become a charge against the owner and, if not paid within thirty days, the board shall have a lien upon said cattle to secure said charge against the owner. In the event the board and the owner are unable to agree upon the actual, necessary and reasonable expense of collecting, driving and dipping said cattle, and such owner be compelled to dip said cattle during said disagreement, he shall be entitled to recover from the board one-half of the actual, necessary and reasonable expense so incurred by him, the amount thereof to be fixed by arbitration as hereinabove provided Dipping of family milch cow and widow's cattle.-it shall not be necessary to dip the family milch cow or her calf, if such cow or calf are at all times tick free and are at all times kept in a tick-free enclosure. When it shall be made to appear to the board that any widow is the owner of any cattle subject to the provisions of this chapter, or any rule, regulation, or order of the board, and such widow should be entitled to an exemption provided for by 9 of article IX of the Florida constitution, the board shall provide for the dipping of the cattle of such widow, provided the number of such cattle shall not exceed twenty-five head Fever tick eradication; procedure where owner fails or refuses to dip.- (1) Any cattle, within any tick eradication area, which are not dipped in accordance with the rules and regulations of the board and under its supervision, shall be, by said board, taken into custody, dipped and retained in its custody, at some place to be selected by said board, until redeemed or sold as hereinafter provided. (2) The board and its agents and employees may enter into any range, premises, pen, pasture, barn or inclosure or place where cattle may be found and take into custody, remove, dip and pen any cattle which have not been dipped in accordance with the requirements of this chapter and the rules and regulations of the board, and all expenses so incurred by the STATE LIVE STOCK SANITARY BOARD : 585.3(} board, including expenses for penning, feeding and dipping, shall be a lien upon said cattle. If said expenses be not forthwith paid and the cattle redeemed by the owner, the board shall notify the sheriff of the county wherein said cattle are held, by written notice thereof, stating the time and place said cattle were taken into custody, the number thereof and any marks and brands thereon, and the name of the owner if known. (3) Upon receipt of the notice aforesaid the said sheriff shall forthwith give public notice, to whom it may concern and to the owner if known, that on a day and hour to be specified in said notice, which shall not be less than ten days nor more than twenty days from and after the first publication of said notice as hereinafter provided, he will offer for public sale and sell for cash to the highest bidder, the cattle described in said notice. Said notice shall also state the time and place such cattle were taken into custody, the number thereof and any marks and brands thereon. Said sale shall be held at the place where said cattle are situate or penned. Said public notice shall be given by publishing the same in some newspaper published in the county wherein said cattle are penned, if there be such newspaper, for two publications, the first of which shall be not less than ten days prior to the date of sale, and by publishing a copy of said notice, at least ten days prior to sale, at the court house door and at two dipping vats near where the cattle were taken into custody. A copy of said notice shall also be served upon the owner or one of them if more than one, or their agent, in the manner provided by law for service of summons, at least ten days before sale, if such owner or his agent, together with his address, be known to the sheriff and he resides or can be found within the state. ( 4) If such cattle shall not be redeemed before the sale thereof by payment of all costs and expenses incurred by the board in taking into custody, feeding, penning and dipping of such cattle, and all sheriff's costs, then such sheriff shall offer for sale and shall sell and deliver to the highest bidder for cash all such cattle and shall deduct from the proceeds thereof all sheriff's costs, and shall pay to the board all costs and expenses incurred in taking inte> custody, penning, feeding and dipping such cattle, and forthwith pay into the fine and forfeiture fund of such county the balance of such proceeds; and such sale and delivery shall vest in the purchaser an absolute title and right of possession of such cattle, superior to all other title, liens and claims, except any lien for unpaid taxes on such cattle. (5) If the former owner shall, within twelve months from and after the date of such sale, file with and establish to the satisfaction of the county commissioners of such county his claim to the net proceeds arising from said sale, the county commissioners shall deliver to such claimant the amount of such net balance. (6) The term "Sheriff's costs," as used in this section, shall be taken and held to mean

36 STATE LIVE STOCK SANITARY BOARD such costs as sheriffs are allowed by law for similar services, and the term "expenses of keeping and feeding" shall be taken and held to mean the actual, reasonable and necessary expenses for such keeping and feeding incurred, to be shown by a sworn, itemized statement thereof filed with the clerk of the circuit court Tax levy for tick eradication. [Abolished by 2, article IX, Florida constitution, as amended November 5, 191,.0, which abolished all ad valorem taxes /01 state purposes.] Purchase and distribution of antihog cholera serum and virus.- (1) The state live stock sanitary board of Florida is hereby authorized and required to purchase at the lowest and best bid anti-hog cholera serum and hog cholera virus from a reliable manufacturer producing a high quality product. (2) The state live stock sanitary board shall distribute through employees of said board, licensed veterinarians and recognized and approved agents of the state and federal government, anti-hog cholera serum and hog cholera virus without cost thereof to any owner of swine in Florida making application therefor, upon blanks to be furnished by the said board and approved by the administrator of said anti-hog cholera serum and hog cholera virus. (3) For the purchase and distribution of antihog cholera serum and hog cholera virus the sum of one hundred fifty thousand dollars is hereby appropriated annually out of any funds in the state treasury, including such sums as are now credited to the state live stock sanitary board in the serum fund. (Am. 1-3, ch , 1941) Establishment of anti-hog cholera serum and virus plant.- (1) The board of commissioners of state institutions may build, equip, maintain and operate a plant for the production of anti-hog cholera serum and hog cholera virus, under the technical supervision of the state live stock sanitary board. (2) Said serum plant shall be built and established upon lands now belonging to the State of Florida at a place to be designated by the board of commissioners of state institutions as shall be deemed best and most advantageous for the purpose. (3) A serum plant of such size and capacity shall be erected to produce sufficient anti-hog cholera serum and hog cholera virus to supply the requirements of the state live stock sanitary board as hereinafter set forth. ( 4) If at any time, after the establishment of the plant aforesaid, the board of commissioners of state institutions, for any reason, is unable to furnish from the serum plant herein provided for a sufficient quantity of serum and virus as may be required by the state live stock sanitary board, then the board of commissioners of state institutions shall purchase in the open market such amount of serum and virus, produced under federal regulations, as may be required by the state live stock sanitary board Inspection and transportation of meats in Florida.- (1) Any person engaged in the slaughter of meat-producing animals within the State of Florida may make application to the board for a permit to transport, and sell their products at any place within the limits of the State of Florida. (2) The board, on receipt of such application described above, shall cause to be made a thorough investigation of the sanitary conditions existing in such establishment, the efficiency of the inspection provided, and the manner in which the food products of such establishment are slaughtered and prepared. If such establishment is found to be operating in accordance with the regulations of the board, a numbered permit shall be issued. to the person making application for same. (3) Municipal corporations may establish and maintain the inspection of meats and meat food products, at establishments located within their corporate limits, and county commissioners may establish and maintain inspection of meats and meat food products at establishments not located in a municipal corporation, but located within the boundaries of their county. No person shall be employed as such inspector unless he has been a resident of the State of Florida for five years. ( 4) The officials of municipalities or counties in which such inspection is maintained may fix and collect fees for inspection of any and all meat animals or meat food products necessary to the maintenance of such inspections, but no further inspection charge shall be made within the state. (5) No permit shall be issued to any establishment except where the meat inspection is conducted under the supervision of the board, or its duly designated representatives. (6) The numbered permit shall be the establishment's official state number, and such number may be used to identify all passed meats and meat food products prepared in such establishment. Such permit may be revoked by the board at any time when the establishment issued such permit violates any of the regulations prescribed for efficient inspection and sanitation. (7) All meat carcasses inspected and passed shall be branded with a rubber stamp bearing the number of the establishment and the words "Florida Inspected and Passed." (8) The board may make and adopt all necessary rules and regulations for the efficient inspection, preparation and handling of meats and meat food products in such establishments, and for the disposal of all condemned meats, and such rules and regulations shall govern the inspection of all meats and meat food products at establishments operating under this section.

37 Power of board to enter private premises for purpose of inspection, etc.-for the purpose of carrying out the provisions and requirements of this chapter, and all rules and regulations made pursuant thereto, the board, and all its employees duly authorized, are empowered to enter upon any grounds or premises in this state for the purpose of inspection, quarantine or disinfection, or to carry out any other provisions of this chapter Board charged with enforcement of law; duties of prosecuting attorneys.- The board shall see that the provisions of this chapter are carried out, and may require the state attorney or county solicitor or other prosecuting officer in any circuit or county to institute suits, civil or criminal, for the purpose of enforcing or carrying out the terms of this chapter and the rules of said board and preventing violations thereof, and any person or officer charged with any duty under this chapter may be compelled to perform the same by mandamus, injunction or other extraordinary remedy upon the application and in the name of the said board Courts have power to enforce provisions by mandamus or injunction.-the circuit courts of this state shall have the power to enforce any of the provisions of this chapter, and any rule or regulation of the board pursuant thereto by mandamus, or temporary or permanent injunction, either or both, upon the application of said board, against any person who shall violate any provision of this chapter or any such rule or regulation Injuring property used in the eradication of diseases of cattle, etc.-any person who shall injure, destroy or attempt to destroy any property or equipment or facilities owned by any individual, firm, company, corporation or county or any property or equipment or facilities owned by the board or the State of Florida, used or intended to be used in the prevention, control, suppression or eradication of any infectious, contagious or communicable diseases affecting domestic animals, shall be deemed guilty of a misdemeanor and upon conviction shall be punished for each and every offense by a fine not exceeding one thousand dollars or imprisonment not exceeding one year. cf Alternative punishment. STATE LIVE STOCK SANITARY BOARD Interference with state live stock sanitary board.-any person who forcibly assaults, resists, opposes, prevents, impedes or interferes with the board, or any of its duly authorized representatives, in the execution of its duties, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not exceeding five hundred dollars or ' by imprisonment of not exceeding six months. cf Alternative punishment Violation of quarantine regulations. -Whenever the board places any area under quarantine, it shall be unlawful for any person, while such quarantine exists, to take, drive, or transport any cattle, hogs or other domestic animals, either out of or into such quarantined locality without permission of the board; any person, violating any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not exceeding five hundred dollars or by imprisonment of not exceeding six months. cf Alternative punishment Violation of rules or regulations of board.-any person who violates or fails to keep and perform any rule or regulation of the board shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not exceeding five hundred dollars or by imprisonment of not exceeding six months. cf Alternative punishment Killing young veal for sale; penalty. -Whoever kills or causes to be killed for the purpose of sale, any calf less than four weeks old, and knowingly sells, or has in his possession with intent to sell, the meat of any calf killed when less than four weeks old, shall be punished by fine of not exceeding two hundred dollars Limiting free distribution: of anti-hog cholera serum and virus.- (1) The free distribution of anti-hog cholera serum and hog cholera virus by the state live stock sanitary board of Florida, under or _ under any laws enacted at the 1941 session of the Florida legislature, shall be limited to bona fide farmers. (2) The state live stock sanitary board of the State of Florida is authorized and directed to distribute anti-hog cholera serum and hog cholera virus at a price equal to the cost thereof to said board, to commercial garbage feeders of hogs and others making application thefefor, and who are not entitled to free distribution of the same under subsection (1). ( Comp. 1, 2, ch , 1941).

38 LEGAL FENCES Requirements of general fence Wire fence against cows and horses Consequence of not having lawful fence Passage way to water must be given; procedure Requirements of general fence.-all fences or enclosures of land shall be substantially constructed, whether with rails, logs, post and railing, iron, steel, or other material, and not less than five feet high; to the extent of two feet from the ground there shall not be a space between the material used in the construction of any fence greater than four inches; provided, that when any fence or enclosure shall be made with a trench or a ditch, the same shall be four feet wide; and in that case the fence shall be five feet high from the bottom of the ditch to the top of the fence Wire fence against cows and horses. -All wire fences made of barbed wire not less than five feet high, tightly stretched on posts not more than twenty feet apart, the bottom wire not less than eighteen inches from the ground, the second wire not more than twelve inches above the first, and the third wire not more than eighteen inches above the second, and the fourth wire not more than twelve inches above the third, shall be a legal fence to the extent of affording protection to the owners of such fences against cows and horses Consequence of not having lawful fence.-if any trespass or damage shall be committed on any garden, orchard, plantation or settlement, not being fenced or inclosed as provided in , by the irruption, breaking in or straying of any cattle, horse, sheep, goat or swine, the owner of the same shall not be liable to answer for such trespass, or to make good or satisfy any damage or injury that shall happen to be committed by reason thereof; and in case any person shall kill, maim, hurt or destroy, or cause to be killed, maimed, hurt or destroyed any such animal so trespassing or breaking into any garden, orchard, plantation or settlement not fenced or enclosed in manner as by this chapter is directed, such person shall answer and make good to the owner thereof all such injuries and damages he shall sustain thereby; the same to be recovered before any court' having jurisdiction of the same Passage way to water must be given; procedure.-every person who has fenced lands lying adjacent to any stream or lakes in this state or who may hereafter fence up such lands, are required to grant lanes or passage ways to said streams or lakes, such lanes or passage ways to be at the most accessible point and where needed. If the party making the application and the party applied to canngt agree as to the width and location of such lanes or passage ways, then the parties making such application shall choose one disinterested person to act for them and the party to whom CHAPTER 588 LEGAL FENCES When parties fail to comply with Disposition of dilapidated fence Prohibition of stakes, etc Right to land not in issue. application is made shall choose a like person to act for him or them, and these two shall choose a third person and the three disinterested persons shall determine the location and width of such lane or passage way to be granted; provided, that the provisions of this chapter shall apply only to wild and uncultivated lands; provided, further, that written application for such lanes or passage ways be made to such person by not less than five citizens of thilj state who are owners of cattle or other stock which are dependent for water upon such streams or lakes at any season of the year; and provided, further, that when the person applied to for such lanes or passage ways owns the land through which same are to be made, then the person making such application shall bear all the expense of constructing such lanes and passage ways and maintaining the same so long as said lanes or passage ways are required by those making such application; provided, that nothing in this chapter shall apply to lakes less than five miles in circumference or to any lake around which all the lands are owned by any one individual When parties fail to comply with Any person having fenced or who shall hereafter fence up lands lying adjacent to any lakes or streams in this state, as provided. in , and who shall fail to comply with the provisions of the same within thirty days after the receipt of such notice or petition, as is provided, then the applicants shall proceed to open the same under the condemnation laws as they now exist or may hereafter exist Disposition of dilapidated fence.-, Whenever it shall appear to any board of county. commissioners in any county in this state, that any fence made or constructed, wholly or in part, with barbed wire is in such a dilapidated condition that there is danger of horses, cattle, sheep, goats, hogs or other domestic animals being injured by coming in contact with the same by reason of it being in such dilapidated condition, and is unfit for service as a fence, said county commissioners shall at once serve notice to all whom it may concern, by advertising in some newspaper published in the county where such dilapidated fence is located, not less than four weeks, and if no paper is published in the county, then by posting at the court house door and postoffice located at the county seat, and at the postoffice in the commissioner's district in which said fence is located, that said fence is in such a dilapidated condition; and unless the owner, or agent of said owner, put the same in good repair within thirty days after the expiration of said notice has been given, and pay the cost of advertisin~r

39 LEGAL FENCES and posting notices, then said county commissioners shall sell at public sale said barbed wire so connected with said fence for the highest and best price, and the proceeds thereof, after deducting all costs of advertising and selling, shall be deposited with the county depository, in the county in which such sale is made, and remain in its custody for one year; and if by that time the proceeds are not claimed by the owner or his authorized agent then said proceeds are to go to the general funds of the county in which said sale was made Prohibition of stakes, etc. - No planter or other person not having a lawful fence shall fix or cause to.be fixed in any of his enclosures, any canes or stakes or any thing that shall or may kill or maim, hurt or destroy any cattle, horses, sheep, goat or swine, under penalty of ten dollars for every such offense, to be recovered before the proper court; one half of the penalty thereof shall go to the informer and the other half to the county Right to land not in issue.-in all trials to be had by virtue of this chapter, the right to the land on which the trespass or damages shall be said to be done, of the party in possession thereof, shall not be brought into question, but the same shall be taken for granted for all intents and purposes.

40 FLORIDA BOARD OF FORESTRY Florida board of forestry and parks Headquarters and meetings of board Compensation of board members Duties of board State forester, employees, clerks, etc Warrants for payment of accounts, expenses, etc Board may acquire lands for forest and park purposes Restrictions upon acquisitions of lands Use of lands acquired Disposition of lands Duties of board as to Clarke-McNary law Rules and regulations Lien of board and other parties, for forestry work, etc Enforcement of lien; notice, etc Form of notice Time for filing notice of lien Application of general laws Florida board of forestry and parks. -The Florida board of forestry and parks, hereinafter called the board, shall be composed of five members, to be appointed by the governor for terms of four years each, dating from the termination of the now existing terms. Before entering upon the discharge of their duties as members of said board each member shall subscribe to the oath of office as required by the constitution and shall also be required to give a good and sufficient bond, in the penal sum of ten thousand dollars with some surety company authorized to do business in Florida as surety, payable to the governor and his successors in office and conditioned upon the due and faithful performance of his duties as a member of said board. (Am. 1, ch , 1941). CHAPTER 589 FLORIDA BOARD OF FORESTRY Headquarters and meetings of board. -The official headquarters of said board shall be in Tallahassee, Florida, but it may hold meetings at such other places in the state as it may determine by resolutions or as may be selected by a majority of the members of said board in any call for a meeting. The annual meeting of the board shall be held on the first Monday in October of each year. Special meetings may be called at any time by the president or upon the written request of a majority of the members. The said board shall annually select from its members a president, a vice-president and secretary, said election to be held at the annual meetings of the board. A majority of the members of said board shall constitute a quorum for said purposes Compensation of board members. N o members of the board shall receive any compensation for the services he may render under the provisions of this chapter, save and except that the members of said board shall receive their actual expenses necessarily incurred in the discharge of their duties as members of said board, which shall not exceed the sum of three hundred dollars each in any calendar year Board to make certain investigations Creation of certain state forests and parks Cooperation by board Management to be for public interest Rules and regulations for certain parks Florida park service Cooperation of Florida park service with counties, etc Fees for use of state parks Dedication of state park lands for public use Power of eminent domain; procedure County commissioners authorized to cooperate with Florida board of forestry and parks in employing county forester Same; qualifications of county forester Same; duty of county forester Same; cooperative agreement Same; salary and expense of county forester Same; expenditure of budgeted funds Same; revocation of ag reement Duties of board.-it shall be the duty of the board under such terms as in the judgment of the board will best serve the public interest to assist and cooperate with federal and state departments or institutes, county, town, corporation or individual, to gather and disseminate information in regard to forests, their care and management, to prevent and extinguish forest fires, and enforce all laws pertaining to forests and woodlands State forester, employees, clerks~ etc. -The board shall employ a state forester, who shall have been technically trained in the profession of forestry, and, in addition, shall have had at least two year.s' experience in practical and administrative work of that profession, the exact extent and character of which shall be certified by the secretary of the United States department of agriculture, or state administrative officer having personal knowledge thereof, whose salary and actual expenses when traveling shall be paid from funds to the credit of the board, and whose salary shall be four thousand dollars per annum, and whose duties shall be to take such action as is authorized by law and by the board to prevent and extinguish forest fires, and enforce all laws pertaining to forests and woodlands, and to cause prosecution for any violation of said laws, and have charge and full authority of law with the immediate direction and control of all matters relating to forestry as authorized by this chapter, or as may be otherwise authorized by law, subject to the supervision and approval of the board, and said board shall employ such assistants, agents, clerks and employees on such terms and conditions as said board shall deem advisable Warrants for payment of accounts, expenses, etc.-upon the presentation to the comptroller of any accounts duly approved by the board, accompanied by such itemized vouchers or accounts as shall be required by him, the comptroller shall audit the same and draw a warrant on the state treasurer for the amount for which the account is audited, payable out of funds to the credit of the board.

41 FLORIDA BOARD OF FOJ,lESTRY Board may acquire lands for forest and park purposes.-the board, on behalf of the state and subject to the restrictions mentioned in , may acquire lands, suitable for state forest and park purposes, by gift, donation, contribution or otherwise and may enter into agreements with the federal government, or other agency, for acquiring by gift, purchase or otherwise, such lands as are, in the judgment of the board, suitable and desirable for state forests and parks Restrictions upon acquisition of lands.-the board shall enter into no agreement for the acquisition, lease or purchase of any land or for any other purpose whatsoever which shall pledge the credit of, or obligate in any manner whatsoever, the State of Florida to pay any sum of money or other thing of value for such purpose, and the said board shall not in any manner or for any purpose pledge the credit of or obligate the State of Florida to pay any sum of money. The said board may receive, hold the custody of and exercise the control of any lands, and set aside into a separate, distinct and inviolable fund, the proceeds which may be derived from the sales of the products of such lands, the use thereof in any manner, or the sale of such lands, save the twentyfive per cent of the proceeds thereof to be paid into the state school fund as provided by the constitution. The board may use and apply such funds for the acquisition, use, custody, management, development or improvement of any lands ' vested in or subject to the control of such board. After full payment has been made for the purchase of a state forest, to the federal government or other grantor, then ten per cent of the gross receipts from a state forest shall be paid to the county or counties in which it is located in proportion to the acreage located in each county for use by the county or counties for school purposes Use of lands acquired.-all lands acquired by the board on behalf of the State of Florida shall be in the custody of and subject to the jurisdiction, management and control of the said board, and, for such purposes and the utilization and development of such land, the said board may use the proceeds of the sale of any products therefrom, the proceeds of the sale of any such lands, save the twenty-five per cent of such proceeds which shall be paid into the state school fund as the constitution requires, and such other funds as may be appropriated for use by the board, and in the opinion of such board, available for such uses and purposes Disposition of lands.-the board, with the concurrence of the trustees of the internal improvement fund and the governor, may sell, exchange or lease or otherwise dispose of any lands under its jurisdiction by the provisions of this chapter when in its judgment it is advantageous to the state to do so in the interest of the highest orderly development, improvement and management of the state forests and state parks. All such sales, exchanges or leases, or dispositions of such lands, shall be at least upon a thirty days' public notice, to be given in the manner deemed reasonable by the said board Duties of board as to Clarke-McNary law.-the board is designated and authorized as the agent of the State of Florida to cooperate with the United States secretary of agriculture under the provisions of " 4 and 5, chapter 348, 43 statutes 654, acts of congress, June 7, 1924, known as the Clarke-McNary law," to assist owners of farms in establishing, improving and renewing wood lots, shelter belts, wind breaks and other valuable forest growth, and also in growing and renewing useful timber crops and also to cooperate with the wood using industries or other agencies governmental or otherwise interested in proper land use, forest management, conservative forest utilization and state park development Rules and regulations.-the board may make rules and regulations and do such acts and things as shall be reasonable and necessary to accomplish the purposes of Lien of board and other parties, for forestry work, etc.-liens prior in dignity to all others accruing thereafter shall exist in favor of the following persons, boards, firms, or corporations upon the following described real estate, under the circumstances hereinafter mentioned: In favor of the board, the United States government, or other governmental authority, upon all lands covered in any cooperative or other agreement entered into between the landowner and the board (which term shall embrace and include agreements with Florida board of forestry), the United States government or other governmental authority, for the prevention and control of woods fires and other forestry work to the extent of the amounts expended by such board, service or other governmental authority for and on behalf of the landowner, and not paid by the landowner under the terms of said agreement Enforcement of lien; notice, etc. The board, Florida forest service, United States government or other governmental authority shall be entitled to subject said real estate in equity for the value of such expenditures made by it in pursuance of any such agreement, and may, at any time after the expenditure thereof and after default in payment thereof by the landowner in accordance with the terms of such agreement, file in the office of the clerk of the circuit court of the county in which the property is located, and have recorded in the record of liens kept by said clerk, a notice of the expenditures made in pursuance of said agreement and of default of the landowner in the payment of same in accordance with the terms thereof (the form of notice being provided in ), and from the date of the filing of such notice the rights of purchasers or creditors of such landowner shall be subject and subordinate to the claim set out in said notice.

42 FLORIDA BOARD OF FORESTRY Form of notice.-the said notice shall be substantially as follows: It shall be in writing and shall be sworn to by the duly authorized agent of such board, service or governmental authority filing same. It shall state the name of the owner of said property, the nature and character of the labor or services performed or to be performed, an itemized statement of the expenditures made in pursuance of said agreement and the value thereof, and shall also contain a description of the property covered by the said agreement and to which said services and expenditures are applicable Time for filing notice of lien.-the notice of lien may be filed prior to the filing of a bill of complaint brought to enforce said lien; provided that nothing herein contained shall prevent the filing of such notice at any time after the contract or agreement has been entered into and default made by the landowner in payment of any amount due under the contract or agreement; and suit in equity to enforce the rights of the board, service or governmental authority as provided in this chapter, must be brought within twelve months from the filing of said notice of lien Application of general laws.-the general laws of this state with reference to the acquisition and enforcement of statutory lien s shall be applicable _to the lien created by insofar as the same may be consistent with and pertinent hereto Board to make certain investigations.-the board shall conduct investigations -and make surveys to determine the areas of land in the state which are available and suitable for reforestation projects, state forests and state parks, and may recommend to the trustees of the internal improvement fund, any state agency, or any agency created by state law which is authorized to accept lands in the name of the State of Florida, concerning their acquisition. The board shall be considered as a state agency under this law Creation of certain state forests and parks.-when the trustees of the internal improvement fund, any state agency, or any agency created by state law, authorized to accept reforestation lands in the name of the State of Florida, approve the recommendations of the board in reference to the acquisition of land and acquire such land, the said trustee, state agency, or agency created by state law, may formally designate and dedicate any area as a reforestation project, state forest, or state park, and where so designated and dedicated such area shall be under the administration of the board which shall be authorized to manage and administer said area according to the purpose for. which it was designated and dedicated Cooperation by board.-the board may cooperate with other state agencies, who are custodians of lands which are suitable for forestry or park purposes, in the designation and dedication of such lands for forestry or park purposes when in the opinion of the state agencies concerned such lands are suitable for these purposes and can be so administered. Upon the designation and dedication of said lands for these purposes by the agencies concerned, said lands shall be administered by the board Management to be for public interest.-all state forests, state parks, and reforestation projects mentioned in this chapter shall be managed and administered by the board in the interests of the public. If the public interests are not already safeguarded and clearly defined by law or by regulations adopted by the state agencies authorized by law to administer such lands, or in the papers formally transferring said projects to the board for administration, then, and in that event, the board may define the purpose of said project. Such definition of purposes shall be construed to have the authority of law Rules and regulations for certain parks.-the board may adopt and enforce such rules and regulations as may be necessary for the protection, utilization, development, occupancy, and use of said forests, parks, and re- forestation areas, consistent with existing laws and with the purpose, or purposes, for which said areas were acquired, designated, and dedicated, and when such rules and regulations shall have been adopted they shall have the force and effect of law Florida park service.-the board may establish and maintain a department of state parks, to be known as the "Florida park service," which shall be administered by the board for the purpose of acquiring, developing and administering Florida state parks, in cooperation with the national park service, the trustees of the internal improvement fund, or any other governmental agency. Said Florida park service shall be operated by and under the exclusive supervision of the board, using funds specifically appropriated for park purposes. The said board may employ a director of "Florida park service," whose qualifications shall be determined by said board, and to employ such other employees as said board shall deem necessary, and to determine the compensation of such director and such employees. Such director of the "Florida park service" shall perform such duties, as are specified for him by said board, under the supervision of the state forester and park executive. (Am. 1, ch , 1941) Cooperation of Florida park service with counties, etc.-the board may cooperate with counties in county and state park work, and in this connection county commissioners may acquire, by gift, devise, or purchase from general funds, from individuals, corporations, the United States government or any of its departments or agencies, any lands, which are suitable for public parks or for the preservation of natural beauty or places of historic association, and operate the same as public parks. Said county commissioners may also convey any such

43 FLORIDA BOARD OF FORESTRY lands so acquired to the trustees of the internal improvement fund or the board, provided such lands are acceptable by said trustees or board Fees for use of state parks.- (1) The "Florida board of forestry" shall have the power to charge reasonable fees, rentals or charges for the use or operation of facilities and concessions in state parks, and all such fees, rentals and charges so collected shall be deposited in the state treasury to the credit of "state park fund,"' which is hereby created, the continuing balance of which fund is hereby appropriated to be expended by said board for the administration, improvement and maintenance of state parks and for the acquisition and development of lands hereafter acquired for state park purposes. The appropriation of said fund shall be continuing, and shall not revert to the general revenue fund at the end of any fiscal year or at any other time but shall, until expended, be continually available to said board for the uses and purposes set forth. (2) Any moneys received in trust by the Florida board of forestry by gift, devise, appropriation or otherwise shall, subject to the terms of such trust, be deposited with the state treas-. urer in a fund to be known as the "Florida board of forestry trust fund," and shall be subject to withdrawal upon application of said board for expenditure or investment in accordance with the terms of said trust. Unless prohibited by the terms of the trust by which said moneys are derived, all of such moneys may be invested from time to time by said board in such securities as trust companies organized under the laws of this state are permitted to invest in. (Comp. 1, 2, ch , 1941) Dedication of state park lands for public use.-the Florida board of forestry is authorized and empowered, from time to time, by resolution, to dedicate and reserve for the use of the public all or any part of the lands heretofore or hereafter acquired by the said Florida board of forestry for park purposes; provided, however, that said dedication and reservation shall be subject to such rules and regulations, as to reasonable use by the public, as may be adopted by said Florida board of forestry. (Comp. 1, ch , 1941) Power of eminent domain; procedure. -Whenever the "Florida board of forestry and parks" shall find it necessary to acquire private property for state parks, state forests or rightsof-way for state park or state forest roads, or for exercising any of the powers and duties authorized and prescribed by law to be exercised and performed by the "Florida board of forestry and parks," the said "Florida board of forestry and parks" is hereby empowered and authorized to exercise the right of eminent domain and to proceed to condemn said property in the same manner as provided by law for the condemnation of private property by counties. (Comp. 1, ch , 1941) County commissioners authorized to cooperate with Florida board of forestry and parks in employing county forester.-for the purpose of stimulating the production of timber wealth through the proper use of forest land in any county, and in Florida in general, and making and keeping the land best suited to that purpose profitable to the owner, the county and the state, the board of county commissioners of any county is hereby authorized to appropriate funds and to enter into cooperative agreements with the Florida board of forestry and parks under terms and conditions specified herein, and such other terms and conditions not inconsistent herewith as in the judgment of the boards will best serve the individual landowner, the county, and the state as a whole with respect to reforestation and the utilization of forest products. ( Comp. 1, ch , 1941) Same; qualifications of county forester.-any county forester employed under the provisions of this law shall be responsible to the state forester and the Florida board of forestry and parks and shall be equipped through forestry training and experience to handle all forestry work assigned to him in a highly efficient manner, to the end that the greatest assistance may be given and continuous value accrue to timber landowners in the county. ( Comp. 2, ch , 1941) Same; duty of county forester.-it shall be the duty of the county forester, under general direction of the district forester in whose district the county is situated, to direct all work in accordance with law and rules and regulations of the board of forestry and parks, gather and disseminate information in regard to growing timber, its care, management, utilization, and sale, assist in furthering fire prevention and control, enforce all laws pertaining to timber theft, fire, and the growing, preservation, and utilization of timber, aid in enforcing laws for the protection of ornamental trees and shrubs outside of city limits, assist timber landowners in planting idle lands with forest tree seedlings of commercial forest value where planting is deemed advisable, advise and assist timber landowners on proper timber cutting practices for pulpwood and other forest products, and perform such other work as may be mutually agreed upon by the Florida board of forestry and parks and the county commissioners, as will aid in keeping the forest lands of the county in a high state of timber production. (Comp. 3, ch , 1941) Same; cooperative agreement.-before any county forester is employed under this law, the county and the Florida board of forestry and parks, through their duly constituted representatives, shall enter into a mutually satisfactory cooperative agreement covering the specific duties, and set up a budget for any fiscal period beginning July 1 and ending June 30, and the county's share of the budget provided shall be turned over to the Florida board of forestry and parks, one-half on or before July 1, and the remainder on or before January ~- and placed in the incidental fund of the Florida board of forestry. (Comp. 4, ch , 1941).

44 FLORIDA BOARD OF FORESTRY Same; salary and expense of county forester.-the salary and expenses of any county forester employed under the provisions of this law shall be jointly determined and paid by the Florida board of forestry and parks and the county commissioners of the county for which the forester is employed on the basis of sixty per cent by the board of forestry and parks and forty per cent by the county. (Comp. 5, ch , 1941) Same; expenditure of budgeted funds. -Any money budgeted for a fiscal period shall be expended by the board of forestry and parks during the period for which it was budgeted and amounts not expended or specifically obligated by contract or other legal procedure during that period shall be available for the next fiscal period or shall be returned to the Florida board of forestry and parks and the county in the same proportions as appropriated. (Comp. 6, ch , 1941) Same; revocation of agreement. Any agreement or revision thereof entered into by the Florida board of forestry and parks and the county under the provisions of this law shall continue from year to year, unless written notice is given to the other party thirty days prior to July first of any year of the intention to discontinue the work and cancel the agreement. ( Comp. 7, ch , 1941).

45 Protection of forests. Fire wardens; appointment. Authority of fire wardens. Organization of districts. Road crews to extinguish fires. Adoption of rules for road crews. Refusal of road crews. Unlawful burning of lands. FOREST PROTECTION CHAPTER 590 FOREST PROTECTION Protection of forests.-whenever it sh2,ll appear to the Florida board of forestry and parks, hereinafter called the board, from investigation, h e a r i n g or otherwise that areas in the State of Florida are in need of special protection from forest fires, the said board may designate and.establish a forest protection district in such areas. The limits of each such fire protection district shall be defined by the board, and public notice of its establishment shall be published in some one or more newspapers of general circulation in the region affected, once each week for three successive weeks (three insertions), and such additional publicity shall be given to the establishment of said district as the board may deem necessary Fire wardens; appointment.-the board is vested with authority to prevent, detect, and suppress forest fires and to do all things necessary in the exercise of such authority. Said board may appoint forest fire wardens to enforce the provi~ions of this chapter and the fire laws of the state, and the wardens so appointed and the fire fighting crews, under their direction, may enter upon any lands for the purpose of preventing and suppressing fires and to enforce the provisions of this chapter and the fire laws of the state. Such fire wardens and other employees of the board may, in the performance of their duties, set backfires, dig trenches, cut fire lines or carry on any or all customary activities in the fighting of forest fires without incurring liability to any one Authority of fire wardens.-it is unlawful for any person either willfully or carelessly, to burn or cause to be burned or to set fire to or cause fire to be set to, any forest, grass, woods, wild lands or marshes within a forest protection district, unless written permission shall have first been secured from a duly appointed fire warden. The permit must show date and hour for burning and description of lands to be burned over. The board shall prepare the necessary forms and blanks for this purpose, shall prescribe rules and regulations for the issuance of such permits, shall appoint, if necessary, in addition to the regular or emergency" fire wardens, other persons who shall be authorized to issue such permits, and shall have complete jurisdiction over all other details concerned with the setting of fires within such district Organization of districts.-the board shall organize each forest protection district so Setting fire on right-of-ways Disposing of lighted cigars, etc Camp fires Procedure to lawfully burn land Civil liability Penalties Burden of proof Rewards. as to most effectively prevent, detect and suppress forest fires, and to that end, may employ wardens or forest rangers to have charge of its activities in each such district, may subdivide each district into patrol areas, may construct lookout towers, roads, bridges, fire lines, ranger stations, and telephone lines, purchase tools for fire fighting as well as other necessary supplies and equipment, and may carry on all other activities deemed necessary to effectively protect the district from such fires Road crews to extinguish fires. Every member of a road construction or maintenance crew, whether employed by the state road department, or by the highway department or county commissioners of any county, and every road contractor or sub-contractor of said state road department, or the highway department or county commissioners of any county, and their employees shall keep all fires set by them under control and confined to the right of way and suppress all fires discovered and detected by them within two hundred feet of the center line of the right of way of any state, county or public road, or highway on which and adjacent to which the said crew, contractor, sub-contractor and employees are employed Adoption of rules for road crews. The state road department, and the county commissioners or highway departments of the several counties of this state shall require their construction and mainte)nance crews, contractors, sub-contractors and employees to comply with the provisions of this chapter and the said state road department, county commissioners and highway department to that end may adopt and promulgate rules and regulations for the observance' of said crews, contractors, sub-contractors and employees in carrying out the purposes and provisions of this chapter Refusal of road crews.-any road foreman or member of a road construction or maintenance crew, or any foreman, superintendent or employee of any road contractor or subcontractor, who shall, without sufficient cam;e, will:(ully refuse or neglect to prevent and suppress fires as provided in this chapter, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided in Unlawful burning of lands.-it is unlawful for any person to willfully or care-

46 FOREST PROTECTION lessly burn or cause to be burned, or to set fire to or cause fire to be set to, any forest, grass, woods, wild lands or marshes not owned or controlled by such person Setting fire on right-of-ways.-it is unlawful for any person to set or cause to be set willfully or carelessly a fire within the con~ fines of the right-of-way of any public road, state road, railroad, or in any other place and allow it to escape onto and burn over any adjoining land Disposing of lighted cigars, etc.-it is unlawful for any person to throw or drop from an automobile or vehicle, or otherwise, a lighted match, cigarette, cigar, ashes, or other flaming or glowing substance, or any substance or thing which may or does cause a forest, grass, or woods fire Camp fires.-it is unlawful for any individual or group of individuals to build a warming or camp fire and leave same unextinguished Procedure to lawfully burn land. It is unlawful for any person, either willfully or carelessly, to burn or cause to be burned, or to set fire to or cause fire to be set to, any forest, grass, woods, wild lands or marshes owned or controlled by such person without first giving notice to all resident owners, managers or tenants of lands adjoining and surrounding the area to be burned, said notice to be given in the presence of at least one witness or in writing, not less than one nor more than ten days prior to such burning; or to fail to take reasonable precaution against the spreading of fire to other lands by providing adequate fire lines, man-power and fire fighting equipment for the control of such fire, or to watch over said fire until it is extinguished, or to permit fire to escape to adjoining lands; provided, however, that no notice shall be required to be given of the setting of fire in a forest protection district where written permission to set such fire has been obtained from a duly appointed fire warden Civil liability.-any person violating any of the provisions of this chapter shall be liable for all damages caused by such violation, which damages shall be recoverable in any court of competent jurisdiction. The civil liability shall obtain whether there be criminal prosecution and conviction or not Penalties.-Whoever violates any of the provisions of this chapter (1) with wilfull and malicious intent shall, upon conviction thereof, be deemed guilty of a felony and punished by a fine of not less than five hundred dollars nor more than one thousand dollars or by imprisonment in the state prison for a term of not less than one year nor more than three years or by both such fine and imprisonment in the discretion of the court, and whoever, (2) carelessly violates any of the provisions of this chapter, shall, upon conviction thereof, be deemed guilty of a misdemeanor and shall be punished by a fine of not more than two hundred dollars or by imprisonment in the county jail for a term not to exceed three.months, or by both such fine and imprisonment in the discretion of the court, and the penalties herein provided shall extend to both the actual violator and to the person or persons, firm or corporation causing, directing or permitting such violation. (Am. 1, ch , 1941). cf Alternative punishment Burden of proof.-in any prosecution or civil action brought under the provisions of this chapter it shall not be necessary for the state or plaintiff to allege and prove absence of the right or authority of the defendant to set or cause to be set the fire, but such right and authority shall be a matter of affirmative defense to be alleged l!-nd proved by the defendant Rewards.-The board, in its discretion, may offer and pay rewards for information leading to the arrest and conviction of any person violating any of the provisions of this chapter.

47 Acquisition of lands for forest development Determination of value of lands to be acquired Payment of consideration for lands acquired Settlement of tax obligations upon land Settlement of delinquent tax liens upon land Administration of lands Trustees authorized to borrow and expend funds Sale and conveyance by trustees Sale and conveyance; contracts Payment of obligations after sale Distribution of proceeds of sale Application of proceeds distributed to county,.etc Acquisition of lands for forest development.-the purposes of this chapter are to provide for acquiring, on behalf of the state, lands suitable for reforestation and for other purposes, to make the same available therefor, and for the improvement thereof; to provide a means by which labor may be employed thereon for beneficial ends through cooperation with the United States, or other agencies, that ultimately idle lands may again become valuable and be restored to the economic and industrial life of this state; all for the public convenience, utility and benefit. For these purposes the trustees of the internal improvement fund of the State of Florida may acquire lands within this state by donation, purchase or otherwise, and hold, administer, improve and dispose of the lands or t)le products thereof as provided in Determination of value of lands to be acquired.-in determining the amount to be paid for land to be used for reforestation, the trustees may arrange with the Florida board of forestry and parks for an appraisal of the suitability of the l,and and for classifying the same for forest purposes. Conveyance shall be to the State of Florida in the name of the trustees of the internal improvement fund and shall vest in the state all of the right, title and interest of the grantor in the land. The said trustees may exchange lands for filling out or blocking up areas into suitable size and shape for the purposes of this chapter. Lands acquired under this chapter shall be subject only to the purposes of this chapter, except when the condition described under shall have become operative Payment of consideration for lands acquired.-for acquiring land by purchase, the trustees may pay: (1) Cash in an amount which may be agreed upon. (2) By conveying to the grantor as payment in kind specified rights or privileges pertaining to the land. FOREST DEVELOPMENT CHAPTER 591 FOREST DEVELOPMENT Lands acquired may be applied This chapter supplemental to other laws Community forests; short title Community forests; purposes Community forests; definitions Community forests; purchase or establishment Community forests; tax delinquent lands Community forests; forestry committee Community forests; duties of forestry committee Community forests; appropriations Community forests; revenues, use Community forests; fiscal reports Community forests; fire protection, etc Community forests; sale; election; etc. No arrangement or agreement under (2) shall operate to prevent the trustees from selling the land or its products. In case such sale shall extinguish the rights or privileges contracted for, the trustees shall pay in cash therefor out of the proceeds of sale the cash value of any unused amounts Settlement of tax obligations upon land.-if the lands come to the state with unpaid taxes thereon, imposed by authority of law, such tax obligations shall be discharged as provided in If 'there be another lien or mortgage thereon, the person holding such other lien or mortgage shall sign a conveyance to the said trustees by which he divests himself of all right, title and interest in said lien or mortgage ; provided, however, that a contract may be executed by the trustees and the holder of such lien or mortgage in which arrangements may be agreed to for paying off the same. The extinguishing of such lien or mortgage may be carried out through conveyance to the grantor or to the holder of such lien or mortgage such rights or privileges in connection with the said land, or the products thereof, through a period of time as will pay off the same, or through payments in money which shall originate in the land or the products thereof. Payment to grantor or to the holder of a lien or mortgage upon said land through granting rights and privileges relating to the land, shall be under conditions to be prescribed by said trustees for grazing, for turpentine, for removal of timber, for mining operations, and for such other stipulated rights or privileges as shall not interfere with the principal purpose for which the lands are used Settlement of delinquent tax liens upon land.-if taxes were delinquent upon the land at the date acquired by the trustees, such taxes and costs or adjusted amounts of the same to that date shall continue as a charge of prior dignity to any other charge, and shall be paid out of the sale or lease of the land or the products thereof. Payment sha.ll be made to the taxing agency having

48 FOREST DEVELOPMENT an equity therein in the proportion which each of such equities bears to the whole Administration of lands.-upon vesting of title in the trustees of the internal improvement fund, said trustees shall have authority to administer said lands in such manner as the said trustees deem advisable to the best interest of the purposes of this chapter. The trustees may, upon application from the Florida board of forestry and parks, set aside and designate certain area or areas for the purpose of reforestation as state forest projects, and through arrangements with said board, reforestation of the lands shall be carried out in accordance with laws applying to said board, or by said board as a state agency acting in behalf of said trustees Trustees authorized to borrow and expend funds.-the trustees of the internal improvement fund shall have authority to enter into contracts with individuals, with any county of this state, with any state agency, with any agency created by state law, or with the United States for carrying out the purposes of this chapter. Said trustees shall have authority to borrow money for acquiring said land and for improving the same by hypothecating such lands on which the money is to be expended. The security behind any loan of money to said trustees shall be limited to the land hypothecated and no liability shall run against the said trustees further than that represented by the pledging of the lands on which the moriey is borrowed. The money so borrowed shall be expended solely upon the land hypothecated. The borrowing of money by said trustees for the purposes herein shall be on the basis of a project capable of self liquidation within the time for which such money shall be borrowed. The trustees shall have no authority under this chapter to incur any debt upon the internal improvement fund of this state or upon the state, but only to place an obligation upon the land or the products thereof acquired under this chapter Sale and conveyance by trustees. The trustees may sell, lease, or otherwise dispose of the lands or the products thereof to any person at a price and upon terms and conditions to be determined by said trustees; provided, however, that the total of moneys received shall be not less than the sums of all moneys expended by said trustees upon the said lands; and provided further that if any unextinguished liens or obligations remain upon the said land, or its products, at the time of such 'sale, such liens or obligations shall, with the title, pass to and be binding upon the grantee Sale and conveyance; contracts. Sale, if not accompanied by cash payment in full, shall be by contract extending over such time and under such terms as the trustees J;IlaY determine. In such case title to the lands shall remain in the trustees until the contract payments have been completed. In sale under contract, the purchaser shall pay to the said trustees, in addition to installments upon the purchase price, an amount annually equal to those taxes imposed on such land which the trustees are required to pay. Deeds of conveyance shall be executed in the name of the trustees of the internal improvement fund of the State of Florida in the manner now provided by law, and shall pass to the grantee the fee simple estate except for such liens as are referred to in this chapter Payment of obligations after sale. Out of the proceeds derived from the sale or lease of said lands and the products thereof the said trustees shall pay any outstanding obligations upon the said lands as follows: (1) First, to the state, to the county, and to special assessment districts, if any there be, in which the lands are situate amounts equal to the unpaid taxes and costs, or, as th'e same may have been adjusted, upon the lands to the date on which title vested in said trustees. (2) Second, to the person, firm, corporation or governmental agency loaning money to said trustees upon the said lands, the amount required to amortize the loan Distribution of proceeds of sale. After the obligations referred to in and other obligations running with the land have been paid, any net proceeds out of the remaining moneys derived from said lands or the products thereof shall be distributed by the trustees as follows: Twenty-five per cent to the state board of education to become a part of the permanent school fund of this state. Twenty per cent to the county or counties in which the lands are situate. The balance to the said trustees for acquiring, administering and liquidating lands Application of proceeds distributed to county, etc.-any moneys paid to the county and special assessment district by said trustees on account of such lands shall be applied ~Y the county commissioners and the governmg board of any special assessment district as the case may be: ' ( 1) First, to paying any charges or costs or obligations which may have rested upon the lands at the time title vested in the state for the payment of prip.cipal and interest upon the bonds supported by county or special assessment district taxes, or a part of taxes imposed for such purpose, and (2) Second, to any purpose L.ands acquired may be applied. ~a:nds acqmred by the trustees of the internal Improvement fund under the provisions of this chapter not applied to the purpose of reforestation may be applied to other suitable purpose as said trustees may determine. Any lai?-ds so acquired deemed by the trustees smtable therefor, may be available for home-

49 FOREST DEVELOPMENT stead under such conditions as the said trustees may determine compatible as nearly as may be with state laws in reference to homestead of state lands; provided, however, that there shall be reimbursement to said trustees for expenditures on account of such lands to an extent not less than will pay the costs incurred on any such land for homestead or otherwise This chapter supplemental to other laws.-this shall be supplementary to other laws relating to the trustees of the internal improvement fund in whom are vested state lands. When land, the ownership of which has been acquired under this chapter, shall have had all obligations described in or growing out of this chapter discharged, the land thereafter shall become a part of the internal improvement fund of this state to be held and administered as provided by law with reference to such fund, and the purposes of this chapter shall be deemed to be consistent therewith Community forests; short title.-the short title for shall be Florida Community Forest law. (Comp. 2, ch , 1941) Community forests; purposes.-the general purposes of this law are: (1) To encourage counties, cities, towns and school districts to utilize idle lands for productive forest purposes. (2) To encourage reduction of taxation through producing income from wise use of such lands. (3) To encourage development and make available, in community forests, areas having desirable recreational features. (4) To encourage forestry education by establishing permanent forests for use of vocational agriculture departments, schools, and boy and girl scout troops. (Comp. 1, ch , 1941) Community forests; definitions.-the terms hereinafter used, unless the text clearly indicates a different meaning, shall be as follows: (1) The term "governing board" shall mean county commissioners, city commissioners, town councils, county boards of public instruction, school trustees, or any other governing body of counties, cities, towns or school districts. (2) The term "community forest" shall mean any forest area established under this law by a county, city, town or school district. (3) The term "forestry committee" shall mean the appointed committee for directing the activities of community forests. ( 4) The term "counties, cities, towns" shall mean any recognized political subdivision of the state government. (5) The term "school district" shall mean individual school districts of a county or vocational agriculture departments located in these districts. (6) The term "state forester" shall mean the representative of the Florida board of forestry and parks normally called the state forester or any forester designated by him. (7) The term "forest products" shall mean any product produced from trees. (8) The term "contiguous sale" shall mean sale of like forest products from adjoining areas that normally would be in the same sale area as determined by the forester on the forestry committee. (Comp. 8, ch , 1941) Community forests; purchase or establishment.-all counties, cities, towns or school districts, through their governing boards, are hereby empowered to establish, from lands owned by such county, city, town or school district in fee simple, or to acquire by purchase or gift, lands at present covered with forest or tree growth, or suitable for the growth of trees, and to administer the same under the direction of the state forester of the State of Florida, in accordance with the practice and principles of scientific forestry, for the benefit of the said counties, cities, towns or school districts. Such tracts may be of any size suitable for the purpose but must be located within the county embracing the county, city, town or school district, provided that it shall be requisite for the governing board availing itself of the provisions of this law to submit to the state forester, and secure his approval of the area and location of any lands proposed to be acquired or used for the purposes of county, city, town or school district forests. (Comp. 4, ch , 1941) Community forests; tax delinquent lands.-the department of agriculture, division of lands, comptroller, the trustees of internal improvement fund, counties, cities, towns and school districts or any other public agency holding fee simple or tax certificate lands are hereby empowered to, and may, upon application to them, transfer title of fee simple lands not in other public use to.any county, city, town or school district for forest purposes as described under this law, provided such lands are approved by the state forester for this purpose. (Comp. 5, ch , 1941) Community forests; forestry committee.-the gover.ning board of any county, city, town or school district desiring to establish community forests after enactment of this law shall appoint a forestry committee, consisting of three members, as follows: one member of governing board, one member of Florida forest and park service, to be designated by the state forester, and one taxpayer of the county, city, town or school district not a member of the governing board. The first two members of such committee shall hold office until replaced in their respective official positions. The third member shall hold office for three years. Any vacancy shall be filled at the first regular session of the governing board after the vacancy occurs. The president of the committee shall be selected by the three members for a one-year term at their first regular meeting. The representative of the Florida forest and park service shall not serve as an officer of the committee nor be responsible for making reports. serve without compensation , 1941). All members shall (Comp. 6, ch.

50 FOREST DEVELOPMENT Community forests; duties of forestry committee.- (1) It shall be the duty of the forestry committee to advise the governing board in acquiring, developing and managing the forest and in making contracts, agreements and permits for and with the forest, and, if desirable, in hiring a qualified forester and laborers and in making rules and regulations for operating the forest. (2) For any sale in excess of qne hundred dollars, the governing body shall ask for and receive open competitive bids and purchase from the lowest and best bidder. For sale of forest products in excess of five hundred dollars for the total contract, the sale shall be advertised in one issue each of two consecutive weeks in a county newspaper of general circulation, and the highest and best bid accepted. Contiguous sales shall not be made. (Comp. 7, ch , 1941) Community forests: appropriations. -Counties, cities, towns or 11chool districts in which forestry committees have been appointed may appropriate money from available funds to be used by said committee to carry out the purposes of this law. The forestry committee shall each year make a budget of recommendation for acquisition and operation and management of the forest for approval by the governing board. (Comp. 8, ch , 1941) Community forests; revenues, use. Revenue from the forests shall be credited to the general fund of counties, cities, towns or school districts. When the revenue from any forest exceeds the necessary expenses of the forest, including desirable acquisition, the excess will be used by the governing board for regular purposes and in reduction of taxation. 9, ch , 1941). (Comp Community forests; fiscal reports. A fiscal year report of expenditures, income, sales, development and management shall be made by the forestry committee to the governing board of the county, city, town or school district, and 'a copy sent to the state forester. All reports shall be audited by the regular auditor of the county, city, town or school district. (Comp. 10, ch , 1941) Community forests; fire protection, etc.--all lands entered or acquired under the provisions of this law shall be protected at all tim.es ~rom wild. fire and shall be kept and mamtamed as a permanent public forest except as hereinafter provided. The timber growing thereon shall be cut in accordance with forestry methods approved by the state forester and in such a manner as to perpetuate succeeding stands of trees. All such forest lands shall be open to the use of the public for recreational purposes so far as such recreational purposes do not interfere with, or prevent the use of, such lands to the best advantage as a public forest as determined by the forestry committee. (Comp. 11, ch , 1941) Community forests; sale; election etc.-if it becomes desirable to sell any com: munity forest or portion thereof as determined jointly by the governing board and forestry committee, it shall be put to a vote of the people at any regular election and a majority of those vo~ing must approve the action. Any funds received from such sale shall be deposited in the general fund of the county, city, town or school district making the sale and used in consolidating existing community forests or in establishing another community forest. (Comp. 12, ch , 1941).