2001 INSPECTION, TESTING, LABELING AND CERTIFICATION OF SEEDS CHAPTER 578

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1 2001 INSPECTION, TESTING, LABELING AND CERTIFICATION OF SEEDS CHAPTER 578 INSPECTION, TESTING, LABELING Definitions; Florida certification seed law Definitions; Florida seed law 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 Duties and authority of the commissioner Seizures and stop-sale orders Definitions; Florida certification seed law.-in construing , and , 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) "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. ( 4) "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. (5) "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. (6) "Certified seed" shall mean such seed potatoes and agricultural, vegetable and other seeds as shall have been inspected during their period of growth arid 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, or by such other agencies as may be approved or recognized by the commissioner of agriculture) and found to be reasonably free from diseases and other defects, as specified in the rules and regulations issued by the commissioner under the provisions of this law. Hlstory.- 2, chs , 19432, 1939; CGL 1940 Supp (591), 4151 (607) ; 1, ch , 2, ch , 1941; a m. 2, 21942, i Definitions; Florida seed law. When used in , , : (1) The term "person" shall include a partnership, corporation, company, society, association or agency. (2) The term "commissioner" shall mean the commissioner of agriculture of the State of Florida. (3) The ter m "agricultural seeds~> shall include the seeds of grass, forage, cereal and fibre AND CERTIFICATION OF SEEDS Prohibitions Packet seeds Enforcement Operating fund Penalty Penalties Sale of garden, melon and other vegetable seed Short title Disposition of fees collected Dealers' records to be kept available Mixed varieties of seed oats prohibited Use of disclaimer clause. crops and chufas and any other seeds commonly recognized within the state as agricultural or field seeds and mixtures of such seeds. ( 4) The term "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. (5) The term "lot of seed" means a defiriite quantity of seed identified by a lot number or mark, every portion or bag of which is uniform, for the factors which appear in the labeling, within permitted tolerances. ( 6) The term "kind" means one or more related species or subspecies which singly or collectively is known by one common name; e. g. corn, beans, lespedeza. (7) The term "variety" means a subdivision of a kind characterized by growth, plant fruit, seed or other characteristics by which it can be differentiated from other sorts of the same kind; e. g. Whatley's Prolific corn, Bountiful beans, Kobe lespedeza. (8) The term "pure seed" shall include all seeds of the kind or kind and variety or strain under consideration, whether shriveled, cracked or otherwise injured, and pieces of broken seeds larger than one-half the original size. (9) The term "inert matter" shall include broken seeds when one-half in size or less; seeds of legumes or crucifers with the seeds coats removed; undeveloped and badly injured weed seeds such as sterile dodder which, upon visual examination, are clearly incapable of growth; empty glumes of grasses; attached sterile glumes of grasses (which must be removed from the fertile glumes except in Rhodes grass); dirt, stone, chaff, nematode, fungus bodies and any matter other than seeds. (10) The term "other crop seed" shall include all seeds of plants grown in this state as crops. other than the kind or kind and variety included in the pure seed, when not more than five per cent of the whole of a single kind or variety is present, unless designated as weed seeds. (11) The term "weed seeds" shall include the seeds of all plants generally recognized as weeds within this state, and shall include noxious-weed seeds, bulblets and tubers. (12) Noxious weeds shall be classified as

2 INSPECTION, TESTING, LABELING AND CERTIFICATION OF SEEDS 2002 "primary and secondary" noxious weeds, according to the following definitions: (a) Primary noxious weeds shall include dodder and perennial weeds which not only reproduce and spread by seed but also by underground roots or stems and which, when established, are highly destructive and difficult to control in this state by ordinary good cultural practices. Primary noxious-weed seeds shall include the seeds, bulbs, bulblets and tubers of: Bermuda grass ( Cynodon dactylon) Bindweed (Convolvulus arvensis) Dodders (Cuscuta species) Johnson grass (Sorghum halepense) Nut grass (Cyperus rotundus) Wild garlic (Allium vineale) Wild onion (Allium canadense) (b) Secondary noxious weeds shall include annual, biennial and perennial weeds which are unusually objectionable, but which can be controlled by ordinary good cultural practices. Secondary noxious-weed seeds shall include the seeds of: Bottlebrush plantain (Plantago aristata) Bitter dock (Rumex obtusifolius) Cheat or chess (Bromus secalinus) Corncockle (Agrostemma githago) Curly dock (Rumex crispus) Darnel (Lolium temulentum) Buckhorn plantain (Plantago lanceolata) Horsenettle (Solanum carolinense) Provided, that the commissioner may add to or subtract from the list of seeds included under these definitions whenever he finds, after investigation, after notice to and opportunity given registered seed dealers of Florida to be heard, that such additions or subtractions are necessary for control purposes, or are to the best interests of Florida agriculture. (13) The term "germination" means the percentage of seeds capable of producing normal seedlings under ordinarily favorable conditions. Broken seedlings and weak, malformed and obviously abnormal seedlings shall not be considered to have germinated. (14) The term "hard seeds" means the percentage of seeds which because of hardiness or impermeability do not absorb moisture or germinate under prescribed tests. but remain hard during the period prescribed for germination of the kind of seed concerned. ( 15) The term "labeling" includes all labels and other written, printed or graphic representations, in any form whatsoever, accompanying and pertaining to any seed, whether in bulk or in containers, and includes invoices and other bills of shipment when sold in bulk. (16) The term "advertisement" means all representations, other than those on the label, disseminated in any manner or by any means, relating to seeds within the scope of this law. (17) "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 seed 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 and a written release has been issued. Provided, such seeds may be released to be sold for feed. History.- 2, ch , 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. History.- 3, ch , 1939 ; CGL 1940 Supp. 4151(592) 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. History.- 11, ch , 7, ch , 1939; CGL 1940 Supp. 4151(600), 4151(612) 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 this chapter. History.- 12, ch , 6, ch , 1939; CGL 1940 Supp. 4151(601), 4151(611) 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. History.- 3, ch , 1939; CGL 1940 Supp. 4151(608) 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. Hlstory.- 4, ch , 1939; CGL 1940 Supp. 4151(609) Unlawful to use words "certified," "registered" or "inspected."-it is unlawful to use the terms "certified," "registered," "inspected," or any form or 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 writ-

3 2003 INSPECTION, TESTING, LABELING AND CERTIFICATION OF SEEDS ing, 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. History.- 5, ch , 1939; CGL 1940 Supp. 4151(610) Registrations.- (!) Every person before selling, distributing, offering for sale, exposing for sale or handling for sale any agricultural or vegetable seed, or mixture thereof, in the State of Florida shall first register with the commission as a seed dealer, giving the number and location of each place of business at which such seeds are sold, distributed, offered or exposed for sale or handled for sale, and at the time of registering shall pay to the commissioner an annual registration fee for each such place of business based on the gross receipts from the sale of such seeds at each place of business for the last preceding license year as follows: (a) Receipts not exceeding one thousand dollars, fee one dollar. (b) Receipts from one thousand dollars to five thousand dollars, fee twenty-five dollars. (c) Receipts from five thousand dollars to fifty thousand dollars, fee fifty dollars. (d) Receipts from fifty thousand dollars to one hundred thousand dollars, fee one hundred dollars. (e) Receipts from one hundred thousand dollars to two hundred and fifty thousand dollars, fee one hundred and fifty dollars. (f) Receipts from two hundred and fifty thousand dollars to five hundred thousand dollars, fee two hundred and fifty dollars. (g) Receipts over five hundred thousand dollars, fee five hundred dollars. (h) For places of business not previously in operation, the fee shall be based on anticipated receipts for the first license year. (2) A receipt or acknowledgment from the commissioner of such registration and payment of such fee or fees shall constitute a sufficient permit and authority for such dealer to engage in or continue in the business of selling; distributing, 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. Provided, that the commissioner shall have authority to suspend or revoke any such permit or authority for any violation of any of the provisions of this law, or of any rule or regulation made and promulgated under authority hereof, after notice to and an opportunity to be heard by such seed dealer'. Such registration shall expire on June 30 next thereafter and shall be renewed on July 1 of each year. Provided, that if any person who is subject to the requirements of this section shall fail to comply herewith by the first day of August of any year the commission shall have the authority to issue a stop-sale notice or order against such person which shall prohibit such person from selling or causing to be sold any agricultural or vegetable seed until the requirements of this section are complied with. (3) Every person selling, distributing, offering or exposing for sale agricultural or vegetable seeds in the State of Florida, other than as provided in , shall be subject to the requirements of this section. Provided, that Florida ;;tate agricultural experiment stations shall not be subject to the requirements of this section. History.- 4, cb , 1939; CGL 1940 Supp. 4151(593); 8, cb , 1941; am. 8, ch , 1943; 8, ch , Label requirements.-each container of agricultural or vegetable seed sold, offered for sale, exposed for sale or distributed within this state for sowing or planting purposes shall bear thereon or have attached thereto, in a conspicuous place, a label or tag plainly written or printed in the English language, giving the following information: (1) FOR AGRICULTURAL SEEDS.- (a) Commonly accepted name of kind and variety of each agricultural seed component in excess of five per cent 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" orthe word "mixed" shall be shown conspicuouslyon the label. (b) Lot number or other lot identification. (c) Net weight. (d) Place where grown, if known; if unknown, that fact shall be stated. (e) Percentage by weight of all weed seeds. (f) The name and number per pound of each kind of noxious-weed seed. This information may be shown either as (1) noxious weeds; or (2) separated into primary noxious weeds and secondary noxious weeds. (If the information is shown under the caption noxious weeds, it will be interpreted that this information was intended to be complete for both groups of noxious weeds). (g) Percentage by weight of crop seeds other than those required to be named on the label. (h) Percentage by weight of inert matter. (i) For each named agricultural seed (1) percentage of germination, exclusive of hard seed; (2) percentage of hard seed when present, if desired; and (3) the calendar month and year the test was completed to determine such per' centages. (j) N arne and address of the person who labeled said seed or who sells, offers or exposes said seed for sale within this state. (2) FOR VEGETABLE SEEDS IN CON- TAINERS OF MORE THAN ONE POUND. (a) (b) (c) (d) Name of kind and variety of seed. Net weight. Lot number or other lot identification. Percentage of germination.

4 INSPECTION, TESTING, LABELING AND CERTIFICATION OF SEEDS 2004 (e) Calendar month and year the test was completed to determine such percentages. (f) Name and address of the person who labeled said seed, or who sells, distributes, offers Dr exposes said seed for sale within this state. ( g) For seeds which germinate less than the standard last established by the commissioner the words "below standard," in not less than eightpoint type, must be printed or written in ink on the face of the tag, in addition to the other information required. Provided, that no seed marked "below standard" shall be sold which falls more than twenty per cent below the standard for such seed which has been established by the commissioner, as authorized by this law. (3) FOR VEGETABLE SEEDS IN CON TAINERS OF EIGHT OUNCES TO ONE POUND.- ( a) Name of kind and variety of seed. (b) Net weight. (c) Lot number or other lot identification. (d) Calendar month and year the test was completed to determine such percentages. (e) Name and address of persons who labeled said seed, or who sells, distributes, offers, or exposes said seed for sale within this state. (f) For seeds which germinate less than the standard last established by the commissioner the words "below standard," in not Jess than eightpoint type, must be printed or written in ink on the face of the tag, in addition to the other information required. Provided, that no seed marked "below standard" shall be sold which falls more than twenty per cent below the standard for such seed which has been established by the commissioner, as authorized by this law. (4) FOR VEGETABLE SEEDS IN CON TAINERS OF LESS THAN EIGHT OUNCES. (a) Name of kind and variety of seed. (b) N arne and address of the person who labeled said seed or who sells, distributes, offers or exposes said seed for sale within this state. (c) For seeds which germinate less than standard last provided that no seed marked "below standard" shall be sold which fall more than twenty per cent below the standard for such seed which has been established by the commissioner, the additional information must be shown: 1. Percentage of germination, exclusive 'of hard seed. 2. Percentage of hard seed when present, if desired. 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. (d) Provided, that no seed marked "below standard" shall be sold which falls more th_an twenty per cent below the standard for such seed which has been established by the commissioner, as authorized by this law. (5) COMMISSIONER TOP RES CRIB E UNIFORM ANALYSIS TAG.-The commi~sioner shall have the authority to prescribe a uniform analysis tag required by this section. History.- 5, ch , 1939; CGL 1940 Supp. 4151(594) 3, ch , 1941; 3, 13, ch '3 12 ch' 22694, Exemptions.- (!) The provisio~s of shall not apply to any common ca~rier in respect to any seed transpo!ted or delivered for transportation in the o.rdmary course of its business as a carrier. Pro~1ded, that such carrier is not engaged in processmg or merchandising seed subject to the provisions of this law. (2) 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 bemg t~ansported to seed. cleaning or processing estab.hshments for cleamng or processing only. ~rov1de~, that any labeling or other representation which may be made with respect to the unclean seed shall be subject to this law. (3) 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!epresented as to ki~d and variety 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 and origin. (4) When grown, sold and delivered by the producer on his own premises; provided, that the growing of such seed is merely incidental to his business of farming. If, however, said seed be advertised for sale through any medium or if said seed is delivered by a common carrier (except when transported for the purpose of being recleaned as hereinbefore provided), said seed must be labeled in accordance with the provisions of this law. Provided, that in no case shall such farmer be allowed to sell over one thousand pounds of agricultural seed during any one year without registering as a seed dealer. (5) When seeds are sold from a duly labeled container and taken therefrom in the presence of the purchaser, the container in which such seeds are delivered to the purchaser will not be required to have a label or tag unless so requested by the purchaser. This, however, shall not relieve or exempt any seed dealer from any liability imposed by the Florida seed law. Hlstory.- 6, ch , 1939; CGL 1940 Supp, 4151(595) 5, ch , 1941; a m. 5, ch , 1943, 5 ch 22694' 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 d~ty of the commissioner, who may act through hls authorized agents:

5 2005 INSPECTION, TESTING, LABELING AND CERTIFICATION OF SEEDS : - (a) To sample, inspect, make analyses of and test agricultural and vegetable seeds transported, sold, offered or exposed for sale, or distributed 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, distributed, 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, making analysis tests and examinations of agricultural and vegetable seeds, and standards for same, and the tolerance 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. Provided, notice shall be given to interested parties thirty days prior to final adoption. (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 or distribution 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 reason to believe is in violation of any of the provisions of this law, which shall prohibit further sale, barter, exchange or distribution of such seed until the commissioner is satisfied that the law has been complied with, and has issued a written release or notice to the owner or custodian of such seed; 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 beyond the normal test period within which to comply with the law and obtain a written release of the seed. 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. (c) To establish and maintain a seed laboratory and employ seed analysts and other personnel whose qualifications shall be approved by the state chemist, and whose work shall be under the supervision and direction of the state chemist, and to incur such other expenses as may be nec:essar y to comply with these provisions. (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 test shall be for the information of the person m.aking such request only and in no event shall the same be taken as or made the basis of the guaranteed analyses of such seeds as required by Hlstory.- 7, ch , 1939; CGL 1940 Supp. 4151(596); 6, c h , 1941; a m. 6, ch , 1943 ; 6, ch , Seizures and stop-sale orders. When the commissioner has issued a stop-sale or der to the owner or custodian of any lot of agricultural or vegetable seed, as authorized by , and such owner or custodian has failed to comply with the provisions of this law, the commissioner shall be authorized and it is hereby made his duty to seize and hold said lot of seed which shall then be destroyed within thirty days, or disposed of by the commissioner in such manner as he shall by regulation prescribe. Histol'y,- 8, ch , 1939; CGL 1940 Supp. 4151(597); 7, ch , 1941 ; am. 7, c h , 1943 ; 7, ch , Prohibitions.- (!) It shall be unlawful for any person t<r sell, offer for sale, expose for sale, transport or distribute any agricultural or vegetable seed within this state: (a) Unless the test to determine the percent- age of germination required by this section has: been completed within a nine-month period, exclusive of the calendar month in which the test was completed, or unless the test to determine the percentage of germination required by this section shall have been completed within a fivemonth 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, when such five-month period shall include either one or both of the calendar months of July and August. (b) Not labeled in accordance with the provisions of this 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, deface, destroy or use a second time any label or tag 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 purpose of this law. (b) To disseminate any false or misleading advertisement concerning agricultural or vegetable seed in any manner or by any means. (c) To hinder or obstruct in any way a~y authorized person in the performance of his duties under this law. (d) To fail to comply with a stop-sale order or seizure order. Hlstory.- H. ch , 1941; am. 4, ch , 1943; 4, ch , 1945.

6 INSPECTION, TESTING, LABELING AND CERTIFICATION OF SEEDS Packet seeds.- (1) When vegetable seeds are sold, offered or exposed for sale in packets of less than eight ounces there shall be paid in respect thereof an inspection fee at the rate of fifty cents per each one hundred and ten dozen, or fractional part thereof, of such packets of vegetable seeds, the payment {)f such inspection fees to be evidenced by the use of inspection stamps furnished by and purchased from the commissioner, and for each lot or shipment of one hundred and ten dozen packets of vegetable seeds, or fractional part thereof, there shall be placed one such inspection stamp on the display box, container or place from which seed are sold, offered or exposed for sale. (2) Such inspection stamps shall be so placed, kept and maintained on such display box, container or place as to be plainly visible at all times while such seed are being sold, offered or exposed for sale. The requirements of this section shall apply to refills or reorders as well as to the original fills of such display boxes, containers or places from which such seeds are sold, offered or exposed for sale. Provided, that on reorders of less than fifty-five dozen packets of seed for refills, the inspection fee shall be twenty-five cents, to be evidenced as in this section required. It shall be unlawful to sell, offer or expose for sale vegetable seeds in packets of less than eight ounces without such inspection stamp being first attached to and kept on such display box, container or place as herein required. Hiotory.- 9, ch , 1941; am. 9, ch , 1943; 9, ch , 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, eounty 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. Hlotory.- 13, ch , 9, ch , 1939; CGL 1940 Supp. 4151(602), 4151(613) Repealed.- History.- 11, ch , 1941; repealed by 17, ch , 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. Hiotory.- 16, ch., 19364, 1939; CGL 1940 Supp. 4151(604); 10, ch , 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 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. Jliotory.- 15, ch , 8, ch , 1939;' CGL 1940 Supp. 8135(54), (55); 12, ch , 1941; am. 15, ch , cf , Punishment for misdemeanor Penalties.-Every violation of any of the provisions of , , shall be deemed a misdemeanor and punishable as such. Hlotory.- 15, ch , Sale of garden, melon and other vegetable seed.-it 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. lliotory.- 1, 2, ch. 5754, 1899; GS 3702; RGS 5654; CGL ct.-punishment by fine only Short title.-sections , , , shall be known and cited as the "Florida seed law." Hlotory.- 1, ch , 1941; am. 1, ch , 1943; 1, ch , Repealed.- llistory.- 10, ch , 1943; repealed by 17, ch , Disposition of fees collected.-au fees required and collected, as provided in and , shall be paid into the treasury of the State of Florida and placed to the credit of the general inspection fund, from which general inspection fund the expenses incident to the enforcement of this law shall be paid. History.- 11, ch , 1943; 10, ch , Dealers' records to be kept available. -Every seed dealer shall make and keep for a period of three years satisfactory records of all agricultural and vegetable seeds bought or handled to be sold, which records shall at all time be made readily available for inspection, examination or audit by the commissioner or his duly authorized agents. Hlotory.- 14, ch , 1943; 13, ch , 1945.

7 2007 INSPECTION, TESTING, LABELING AND CERTIFICATION OF SEEDS Mixed varieties of seed oats prohibited.-oats consisting of mixed varieties shall not be sold for planting purposes in this state, unless permitted by regulation promulgated by the commissioner upon recommendation of the Florida agricultural experiment station at Gainesville, Florida. History.- 12, ch , 1943; 11, ch , Use of disclaimer clause.-the use of a disclaimer or nonwarranty clause in any invoice, advertising, labeling or written, printed or graphic matter pertaining to any seed shall not relieve or exempt any person from any provisions of the Florida seed law. History.- 14, ch , 1945.

8 SEA ISLAND COTTON LAW 2008 CHAPTER 579 SEA ISLAND COTTON LAW Sea island cotton production districts Certificate of election to commissioner of Duty of county commissioners. agriculture Report to commissioner of agriculture Abolition of districts Duties of commissioner of agriculture Powers of commissioner of agriculture Election by free holders Only sea island cotton may be planted; Notice of election; holding same, etc. penalties Construction of chapter Sea Island cotton production districts.-whenever residents of any territory commissioner of agriculture shall have so cer Election by freeholders.-when said containing not less than one hundred contiguous square miles of reasonably compact shape, tion, is suited to the production of sea island tified that the territory described in said peti within any county of this state, desire to have cotton, said board of county commissioners, such territory constituted into a cotton production control district, they shall present to tification, shall order an election to be held in at their first meeting after receipt of such cer the board of county commissioners of said the territory which it is proposed to constitute county, a petition signed by not less than ten into the _ said cotton production control district, to determine whether or not such terri percent of the duly registered voters, who are freeholders, residing within the territory tory shall be constituted into a cotton production control district of the State of Florida. which it is proposed to create into such cotton production control district. Said petition shall Only duly qualified electors, who are freeholders, shall be entitled to vote at such elec describe, by metes and bounds, or other accurate description, the said territory. tion. History.- 2, ch , 1937; CGL 1940 Supp. 4151(430). History.- 6, cb , 1937; CGL 1940 Supp. 4151(434) Duty of county commissioners.-'--at their first meeting after the receipt of said petition, such board of county commissioners shall investigate the f acts, 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. History.- 3, ch , 1937; CGL 1940 Supp. 4151(431) 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. History.- 4, cb , 1937 ; CGL 1940 Supp. 4151(432) 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. History.- 5, cb , 1937; CGL 1940 Supp (433) Notice of election; holding same, etc.-the board of county commissioners shall have a notice of such election published for not less than thirty days next preceding 'the date of such election. Said notice shall de. scribe 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. History.- 7, cb , 1937; CGL 1940 Supp. 4151(435) 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,

9 2009 into a cotton production control district, effective as of January 1st next succeeding the date of the entry of said order. Said commissioner of agriculture shall then transmit a copy of such order to said board of county commissioners, who shall, upon the receipt of such copy, duly attest it, designate said district by name or number, and declare and publish the boundaries of the same. Upon the expiration of thirty days after the finding and determination, by the board of county commissioners, as to the result of any such election that shall have been held, it shall be regarded for all purposes as conclusive. Hlstory.- 8, ch , 1937; CGL 1940 Supp. 4151(436) Abolition of districts.- Any such cotton production control district may be abolished by a majority vote at an election called by the board of county commissioners of the county for the purpose, after publication of such notice as is required to create such cotton production control district, at which election the qualification of voters shall be the same as in elections to create cotton production control districts; provided, however, that no such election for the purpose of abolishing any such district shall be called within one year next succeeding the entry of the order constituting such territory into a cotton production control district. Hlstory.- 9, ch , 1937; CGL 1940 Supp. 4151(437) Powers of commissioner of agriculture.-the commissioner of agriculture of the State of Florida shall have all necessary and reasonable power to enable him to promote the planting and production of sea island cotton in any county of the state and to enforce and carry out the provisions of this chapter, including among others, the power to: (1) Make reasonable rules and regulations not inconsistent with the provisions of this chapter; (2) Institute, in his name, such proceedings, either at law or in equity, in the courts of this state, as he may reasonably deem necessary to enforce and carry out the provisions of this chapter and the regulations made by reason hereof; provided however that none of the funds appropriated by this chapter shall be expended for legal advice or in any legal proceedings. (3) Appoint and fix the compensation of all necessary agents and inspectors to carry out SEA ISLAND COTTON LAW and enforce the provisions of this chapter; (4) Make. or cause to be made, all necessary surveys and inspections in connection with the provisions of this chapter; (5) Refer to proper officers, charged with the enforcement of the criminal or civil laws of this state, such facts as may come to his attention concerning violations of this chapter; (6) Make, or cause to be made, studies and investigations, in any county in the state, that might aid in the increased planting of sea island cotton in the state and in the promotion of this industry in the state. Provided, however, that the enumeration of specific powers in this section shall not be construed to limit or circumscribe said commissioner of agriculture in the exercise of all lawful and reasonable power in and about the administration and enforcement of the provisions of this chapter. History.- 11, ch , 1937; 1, ch , 1939; CGL 1940 Supp. 4151(438) Only sea island cotton may be planted; penalties.-it is unlawful for any person to plant, cultivate, or produce within any such cotton production control district any seed or plants of any variety, kind, type, or species of cotton, other than seed or plants of the type known as sea island cotton. Within the meaning of this chapter, no cotton shall be deemed sea island cotton unless having a staple of not less than one and one-half inches in length. Any person found guilty of any violation of the provision of. this section shall be deemed guilty of a misdemeanor; and, upon conviction thereof, shall be punished by a fine of not more than two hundred dollars, or by imprisonment not exceeding thirty days; provided, however, that the punishment in this section provided, shall not be deemed or construed to prevent or to limit other provisions of this chapter relating to violations hereof. History.- 10, ch , 1937; CGL 1940 Supp. 8135(31). cf , Alternative punishment Construction of chapter.-it is the intention of the legislature that the provisions of this chapter be liberally construed to effect the purpose hereof. History.- 14, ch , 1937; CGL 1940 Supp. 4151(440) Expired.- History.- 12, ch , 1937; 2, ch , 1939; CGL 1940 Supp. 4151(439); 1, ch , 1941; am. 1, ch , Expired.

10 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 assistan~s Submission of samples of commercial feeds for analysis Method of selecting samples for analysis. CHAPTER 580 COMMERCIAL FEEDS 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. Hlstory.- 1, ch , 1939; CGL 1940 Supp. 4151(520); 1, ch , 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 agriculture shall issue a certificate of registration for such brand of commercial feed, which registration shall expire December 31 following its date of issuance. Hlstory.- 2, ch , 1939; CGL 1940 Supp. 4161(621) l.. abeling or tagging of commercial feeds,:._all manufacturers, importers, jobbers, firms, associations, corporations or persons, before selling or offering for sale or transporting 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 furnish 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. in this state any brand of commercial feed, shall have attached to each bag, package, carton, or have delivered with each bulk lot, a statement, hereafter referred to as the label or tag, clearly and legibly printed in the English language which fully and truly gives the following: (1) The net weight of the contents of the package, bag, carton or bulk lot. (2) The brand or trade name of the feed. (3) The name and principal address of the manufacturer or person responsible for placing the commodity on the market. ( 4) The minimum percentage of crude 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. Hlstory.- 3, ch , 1939; CGL 1940 Supp. 4161(622); 2, ch , 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. Hlstory.- 4, ch , 1939; CGL 1940 Supp. 4151(623).

11 Powers of commissioner of agriculture as to brands and trade names.-the commissioner of agriculture may refuse to register any commercial feed under a brand or trade name which would be misleading or deceptive, or which would tend to mislead or deceive as to the materials of which it is composed, or when the recognized official names of each and all ingredients used in its manufacture are not stated. He may also refuse to register more than one commercial feed under the same brand name whether offered by the same manufacturer or another manufacturer. Should any commercial feed be registered in this state, and it is afterward discovered that such registration was in error or is in violation of any of the provisions of this chapter, the commissioner of agriculture may cancel such registration. The commissioner of agriculture may refuse to allow any person to lower the guaranteed analysis or change the ingredients of any brand of his commercial feed during the term for which registered, unless satisfactory reasons are presented to the commissioner of agriculture for making such change. Hlstory.- 11, ch , 1939; CGL 1940 Supp. 4151(530) When commissioner of agriculture may prohibit sales of feeds.-where the commissioner of agriculture, his deputies or inspectors find commercial feeds which are held for sale and not properly registered, or such feeds are not stamped, designated or labeled as required by this chapter, or said feeds are damaged or adulterated or otherwise injurious for animals' consumption, the said commissioner, deputies or inspectors may place a stop-sale notice on said feeds until the offending party has complied with the chapter. History.- 13, ch , 1939; CGL 1940 Supp. 4151(532) 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. History.- 12, ch , 1939; CGL 1940 Supp. 4151(531) 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. Hlstory.- 18, ch , 1939; CGL 1940 Supp. 4151(536). COMMERCIAL FEEDS Employment of help and assistants. -The commissioner of agriculture may employ all help necessary to carry out and enforce the provisions of this chapter and may designate any employee of the department of agriculture to perform any duties necessary to carry out the terms of this chapter. All expenses and salaries shall be paid out of the general inspection fund. Hlstory.- 19, ch , 1939 ; CGL 1940 Supp. 4151(537) Submission of samples of commercial feeds for analysis.-any person purchasing any commercial feed from any manufacturer or vendor in this state for his own use, such person being a citizen of this state, may submit fair samples of the said commercial feed to the commissioner of agriculture for analysis by the state chemist. But in order to protect the manufacturer or vendor from the submission of spurious samples for analysis, the person selecting the same shall do so in the presence of two or more disinterested persons, which sample shall be taken from one or more packages, placed in a bottle or can, along with a tag from one of the bags sampled, and sealed in the presence of said witnesses, and this sample package, bottle or can, placed in the hands of a disinterested person, who shall forward the same, at the expense of the purchaser, to the commissioner of agriculture, and upon the receipt by him of such sample, the commissioner of agriculture may require the state chemist to analyze the same, and he shall return to such purchaser a certificate of analysis. The certificate shall in all cases set forth the component parts of said commercial feed, with their respective quantities, dates of analysis, and the name of the person submitting the samples, and to be signed by the state chemist, who shall keep an accurate account of the same, and the said certificate or record, when verified by the affidavit of the state chemist, shall be competent evidence in any court of law or equity in this state. History.- 9, ch , 1939; CGL 1940 Supp. 4151(528) Method of selecting samples for analysis.-no action shall be maintained for a violation of the provisions of this chapter, based upon an analysis of a sample from less than ten separate original packages, unless there be less than ten separate original packages in the lot, in which case portions for the official sample shall be taken from each original package; if the commercial feed is in bulk, portions shall be taken from not less than ten different places in the lot; provided, that this does not exclude sampling in bulk when not exposed sufficiently to take portions from ten different places, in which case portions are to be taken from as many places as practicable. If the sample thus procured is larger than is required, it shall be thoroughly mixed and quartered until a sample of suitable size remains. Said sample, if requested, shall be divided into two parts, and shall be placed

12 COMMERCIAL FEEDS in suitable containers and sealed, one of said containers so sealed, if requested, shall be de Hivered to the person apparently in charge of :such feeds. In sampling canned or small pack.aged goods, one entire can or small package :from each twenty or less in the lot shall be ~eemed sufficient for examination; the said state chemist shall analyze, or cause to be analyzed, the sample so collect~d, and the re~~lt of such analysis, together with such additional information as the said state chemist may deem advisable, shall be promptly transmitted to the manufacturer and to the dealer or person in whose possession the product was sampled, and may be published in reports or bulletins from time to time. The manufacturer or person responsible for the placing of any commodity so sampled upon the market, or the dealer or person in whose possession the feed was found, shall, upon request to the state chemist within ten days after report is mailed, be furnished with a portion of the official sample. The methods of analysis shall be those in effect at the time by the association of official agricultural chemists of North America. History.- 14, ch , 1939; CGL 1940 Supp. 4151(533) 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 ~ent to any chemist whom the commissioner of agriculture, state chemist and manufacturer shall agree upon. History.- 6, ch , 1939; CGL 1940 Supp. 4151(525) Analytical work.-the necessary analytical work for the enforcement of this chapter shall be done by the state chemist, or assistant state chemists. History.- 17, ch , 1939; CGL 1940 Supp. 4151(535) 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 manufactur~r or importer shall have paid. the fees herem required for any person actmg 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 upo~ conviction thereof, shall be punished as provided in this chapter. Hlstory.- 5, ch , 1939; CGL 1940 Supp. 4151(524), 8135(50) 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 c'ommercial feed which has not been tagged or stamped as herein provided, or upon which a stop-sde notice has been attached, shall be deemed iuilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in History.- 5, ch , 1939; CGL 1940 Supp. 4151(524), 8135(51) 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. History.- 7, ch , 1939; CGL 1940 Supp. 4151(526) 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 History.- 5, ch , 1939; CGL 1940 Supp. 4151(524), 8135(52) 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. Hlstory.- 8, ch , 1939; CGL 1940 Supp. 4151(527) 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. Hlstory.- 5, ch , 1939; CGL 1940 Supp. 4151(524).

13 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 pur chased 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 feed; when such property, rights or credits, can be found within the limits of the state. History.- 10, ch , 1939; CGL 1940 Supp. 4151(529) 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. Hlstory.- 15, ch , 1939; CGL 1940 Supp. 4151(534). COMMERCIAL FEEDS 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. Hlstory.- 16, ch , 1939; 3, ch , 1941; CGL 1940 Supp ( 49).

14 STATE PLANT BOARD State plant board Duty and authority of board Rules and regulations Review for person affected Introduction of injurious disease Information to board Quarantines. CHAPTER 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 required of said board shall be exercised and performed by the members of the board of control, acting as the state plant board. A majority of the members of the board shall constitute a quorum- for all purposes. The chairman of the board shall be selected an~ nually 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. Hlstory.- 3, ch , 1927; CGL Duty and authority of board.-tne board shall protect the agricultural and horticultural interests of the state from insect pests and diseases, and to that end it shall: (1) Inspect, or cause to be inspected by duly authorized employees, plants, plant products or other things and substances that may, in their opinion, be capable of disseminating or carrying insect pests and diseases, and for this purpose shall have power to enter into or upon any place and to open any bundle, package or other container containing, or thought to contain, plants or plant products or other things capable of disseminating or carrying insect pests or diseases; (2) Carry on investigations of methods of control, eradication and prevention of dissemination of insect pests and diseases, and for that purpose may employ the necessary experts and may rent, lease or purchase the necessary land when required for this purpose; (3) Supervise or cause 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 P.-.ovement 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 r egulations under which nursery stock may STATE PLANT BOARD Nursery stock; sale. etc Penalties for violations Principal responsible for agent, etc Annual appropriation Board a body corporate Boll weevil control Definitions. be brought into this state from other states, territories and foreign countries; (7) Make such rules and regulations with reference to plants and plant products while in transit through this state as may be deemed necessary to prevent the introduction into and dissemination within this state of injurious plant pests and diseases; (8) Demand of any person who has plants or plant products or other things likely to carry insect pests and diseases in his possession to give full information as to the origin and source of same, and it shall be a misdemeanor for such person to refuse to give the information demanded, if able to do so; (9) Declare a dan~ gerous 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, foreign countries or portion thereof in reference to dangerous insect pests or diseases and prohibit the movement within this state or any part thereof, or the introduction into this state from other states, territories or foreign countries of all plants, plant products or other things from such quarantined places or areas which are likely to carry such dangerous insect pests and diseases if such quarantine be determined, after due investigation, to be necessary in order to protect the agricultural and horticultural interests of this state. In such cases the quarantine may be made absolute, or rules and regulations may be adopted prescribing the method and manner under which the prohibited articles may be moved into or within, sold or otherwise disposed of in this state; (11) Intercept and inspect while in transit, or after arrival at destination, all plants, plant products or other things likely to carry insect pests and diseases 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 dispositiqn to be determined under rules and regulations to be prescribed by the board; (12) Purchase all necessary materials, supplies, of-

15 2015 STATE PLANT BOARD fice and field equipment and other things and make such other expenditures as may be essential and necessary in carrying out the provisions of this chapter within the limits of the amount appropriated by law; (13) Appoint such assistants, inspectors and other employees as may be required, and prescribe their dudes 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) J:<.:nter 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 en~ forcement of the powers herein delegated may employ counsel, send for books and papers, administer oaths and hear witnesses, and to that end the various sheriffs throughout the state shall serve all summonses and other papers upon request of said plant board. Jfistory.- 4, ch , 1927; CGL 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. History.- 5, ch , 1927; CGL Review for person affected. - Any person affected by any rule or regulation made or notice given pursuant to this chapter may have a review thereof by the board for the purpose of having such rule, regulation or notice modified, suspended or withdrawn. Such review shall be allowed and considered and the cost thereof fixed, assessed, collected and paid in such manner and in accordance with such rules and regulations as may be prescribed by the board. Hlstory.- 6, ch , 1927; CGL ~05 Introduction of injurious disease. 'f'he mtroducti?n into this state of any live msect or specimen of any disease injurious to plants, except under a special permit issued by the board is prohibited. Hlstory.- 7, ch , 1927; CGL ~6 Information to board.-any person, mcludmg common carriers, who receives plants, plant prod~cts o~ other things sold, given away, earned, 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 in ~orm the board or an inspector thereof and Isolate and hold the said plant, plant product or oth.er thin.g unopened or unused subject to such mspectwn or other disposition as may be provided by the board. History.- 8, ch , 1927; CGL 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 ~s 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 tinder such rules and regulations as may be prescribed by the board. History.- 9, ch , 1927 ; CGL Nursery stock; sale, etc.-it is unlawful for any nurseryman, dealer or agent to sell, give away, carry, ship or deliver for carriage or shipment any nursery stock except in compliance with the provisions of this chapter and the rules and regulations made pursmmt thereto. llistory.- 10, ch , 1927; CGL Penalties for violations.-any person who shall vio)ate 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 ill' 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 n.ot less than twenty-five dollars nor more than five hundred dollars, or

16 STATE PLANT BOARD 2016 by imprisonment for not more than six months. Hlstory.- 11, ch , 1927; CGL ct , Alternative punishment Principal responsible for agent, etc. -In construing and enforcing the provisions of this chapter, the act, omission or failure of any official, agent or other person acting fo~ or employed by any association, partnership, corporation or other principal within the scope of his employment or office shall in every case be deemed the act, omission or failure of such association, partnership, corporation or other principal as well as that of the individual. History.- 12, ch , 1927; CGL 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 ~e necessary is appropriated out of any funds m the treasury not otherwise appropriated which said sum, together with all other sum; 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 approved by him. Upon such approval the comptroller shall draw his warrant upon the state t.' easurer 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. History.- 14, ch. 12,291, 1927; CGL 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. Hlstory.- 15, ch , 1927; CGL Boll weevil control.-the state plant board of Florida shall investigate, devise and improve ~eans and methods of controlling the boll weevil and other injurious insects of the cotton crop; shall investigate and devise means or. me~hods 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 n.eces.sary or advisable to place such information m the hands of farmers and other interested citizens. History.- 1, ch. 9187, 1923; CGL Definitions.-For the purpose of this ch!lpter, 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 ~ll othe; 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 bud~ grown or kept for or capable of propagatioa distribution or sale. '. "Nu~sery."-Any grounds or premises on or m which nursery stock is grown or propagated for sale or distribution. "Nur~eryman."-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. ~~story.- 2, ch , 1927; CGL 3831; am. 7, ch , 19

17 2017 SOIL CONSERVATION Definitions Lands a basic asset of state Consequence of soil erosion Appropriate corrective methods Legislative policy for conservation State soil conservation board Quorum of board; compensation; powers; etc Additional. powers of board Administrative officer of board Creation of soil conservation districts Hearing upon question of creation; notice, etc Referendum for creation, etc Expenses of referendum Results of referendum; publication, etc Organization of district, etc Addition of territory to district or removal of territory therefrom Definitions.-Wherever used or referred to in this chapter unless a different meaning clearly appears from the context: (1) "District" or "soil conservation district" means a governmental subdivision of this state, and a public body corporate and politic, organized in accordance with the provisions of this chapter, for the purpose, with the powers, and subject to the restrictions set forth in this chapter. (2) "Supervisor" means one of the members of the governing body of a district, elected in accordance with the provisions of this chapter. (3) "Board" or "state soil conservation board" means the agency created in ( 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" inclurtes 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 Dlace designated in such notice, ad- CHAPTER 582 SOIL 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 Performance of work under the regulations by the supervisors Board of adjustment Rules of procedure of board Petition to board to vary from regulations Review of order by circuit court Cooperation between districts State agencies to cooperate Discontinuance of districts; referendum Certification of results of referendum; dissolution Continuance of existing contracts. etc. journrnent may be made from time to time without the necessity of renewing such notice for such adjourned dates. Hlstory.- 3, ch , 1937; 1, ch , 1939; CGL 1940 Supp. 4151(474) Lands a basic asset of state.-the farm, forest and grazing lands of the State of Florida are among the basic assets of the state and the preservation of these lands is necessary to protect and promote the health, safety, and general welfare of its people; improper land-use practices have caused and have contributed to, and are now causing and contributing to a progressively more serious erosion of the farm and grazing lands of this state by fire, wind and water; the breaking of natural grass, plant, and forest cover has interfered with the natural factors of soil stabilization, causing loosening of soil and exhaustion of humus, and developing a soil condition that favors erosion; the top soil is being burned, washed and blown out of fields and pastures; there has been an accelerated washing of sloping fields; these processes of erosion by fire, wind and water speed up with removal of absorptive topsoil, causing exposure of less absorptive and less protective but more erosive subsoil; failure by any landowner or occupier to conserve the soil and control erosion upon his lands causes destruction by burning, washing and blowing of soil and water from his lands onto other lands and makes the conservation of soil and control erosion of such other lands difficult or impossible. Hlstory.- 2, ch , 1937; CGL 1940 Supp. 4151(473) Consequence of soil erosion.- The consequences of such soil erosior. in the form of soil-washing and soil-blowing are the silting and sedimentation of stream channels, reservoirs, darns, 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

18 SOIL CONSERVATION its fertility, deterioration of crops grown thereon, and declining acre yields despite development of scientific processes for increasing such yields; loss of soil and water which causes destruction of food and cover for wildlife; a blowing and washing of soil into streams which silts over spawning beds, and destroys water plants, diminishing the food supply of fish; a diminishing of the underground water reserve, which causes water shortages, intensifies periods of drought, and causes crop failure; an increase in the speed and volume of 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. Hlstory.- 2, ch , 1937; CGL 1940 Supp. 4151(473) Appropriate corrective methods.-to conserve soil resources and control or prevent soil erosion, it is necessary that land-use practices contributing to soil wastage and soil erosion be discouraged and discontinued, and appropriate soil-conserving land~use practices be adopted and carried out; among the procedures necessary for widespread adoption, are the carrying on of engineering operations, such as the construction of terraces, terrace outlets, check-dams, dikes, ponds, ditches, and the like; the utilization of strip cropping, lister funowing, 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, manural materials and fertilizers for the correction of soil deficiencies or for the promotion of increased growth of soil protecting crops; retardation of runoff by increasing absorption of rainfall; and retirement from cultivation of steep, highly erosive areas and areas now badly gullied or otherwise eroded. Hlstory.- 2, ch , 1937; CGL 1940 Supp. 4151(473) Legislative policy for conservation. -It is the policy of the legislature to provide for the conservation of the soil and soil resources of this state, and for the control and prevention of soil erosion, and thereby to preserve natural resources, control floods, prevent impairment of dams and reservoirs, assist in maintaining the navigability of rivers and harbors, preserve wildlife, protect the tax base, protect public lands, and protect and promote the health, safety and general welfare of the people of this state. Hlstory.- 2, ch , 1937; CGL 1940 Supp. 4151(473) State soil conservation board.-the state soil conservation board, called the board 2018 in this chapter, shall be composed of five members who shall be the same persons who constitute the board of control, and all of the authority by this chapter granted to the board and all the duties required of said board shall be exercised and nerformed by the members of the board of control, acting as the state soil conservation board. A majority of the members of the board shall constitute a quorum for all purposes. The chairman of the board shall be selected annually by the members thereof. They shall be provided with a suitable office or offices at the University of Florida, where the meetings of the board may be held and its records shall be kept. The board shall adopt a seal, which seal shall be judicially noticed, and may perform such acts, hold such public hearings, and promulgate such rules and regulations as may be necessary for the execution of its functions under this chapter. Hlstory.- 4, ch , 1937; 2, ch , 1939; CGL 1940 Supp. 4151(475) 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. Htstory.- 4, ch , 1937; 2, ch , 1939; CGL 1940 Supp. 4151(475) Additional powers of board.-the state soil conservation board shall have the following additional duties and powers: (1) To offer such assistance as may be appropriate to the supervisors of soil conservation districts, organized as provided in , 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.

19 2019 (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. History.- 4, ch , 1937; 2, c h , 1939; CGL :1940 Supp ( 475) Administrative officer of board.-the.state soil conservation board may employ an.administrative officer and such technical experts and such other agents and employees, permanent and temporary, as it may require,.and shall determine their qualifications, duties,.and compensation. The board may call upon the attorney general of the state for such legal services as it may require, or may employ its own counsel and legal staff. It may delegate to one or more of its members, or to one or more agents or employees, such powers and duties as it may deem prop er, 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. History.- 4, ch , 1937; 2, ch , 1939; CGL 1940 Supp (475) 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. History.- 5, ch , 1937; 3, ch , 1939; CGL 1940 Supp. 4151(476) Hearing upon question of creation; notice, etc.-within thirty days after such a petition has been filed with the state soil conservation board, it shall cause due notice to be given of a proposed hearing upon the question of the desirability and necessity, in the interest of the public health, safety, and welfare, of the creation of such district, upon the question of the appropriate boundaries to be assigned SOIL CONSERVATION to such district, upon the propriety of the petition ahd 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 deny the petition. After six months shall have expired from the date of the denial of' any such petition, subsequent petitions covering the same or substantially the same territory may be filed as aforesaid and new hearings held and determinations made thereon. History.- 5, ch , 1937; 3, ch , 1939; CGL 1940 Supp. 4151(476) 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,

20 SOIL CONSERVATION it shall consider the question whether the operation of a district within such boundaries with the powers conferred upon soil conservation districts in this chapter is administratively practicable and feasible. To assist the board in the determination of such administrative practicability and feasibility, the board, within a reasonable time after entry of the finding that there is need for the organization of the proposed district and the determination of the boundaries thereof, shall hold a referendum within the proposed district upon the proposition of the creation of the district, and cause due notice of such referendum to be given. The question shall be submitted by ballots upon which the words "For creation of a soil conservation district of the lands below described and lying in the county (ies) of ( and " and "Against creation of a soil conservation district of the lands below described and lying in the county (ies) of and " shall appear with a square before each proposition and a direction to insert an X mark in the square before one or the other of said propositions as the voter may favor or oppose creation of such district. rhe ballot shall set forth the boundaries of such proposed district as determined by the board. All owners of lands lying within the boundaries of the territory, as determined by the state soil conservation board, shall be eligible to vote in such referendum. Only such land owners shall be eligible to vote. Hlstory.- 5, ch , 1937; 3, ch , 1939; CGL 1940 Supp. 4151(476) Expenses of referendurn.-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. Hlstory.- 5, ch , 1937; 3, ch , 1939; CGL 1940 Supp. 4151(476) 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 administrative- 202()> ly practicable and feasible, it shall record such determination and shall proceed with the organization of the district in the manner hereinafter provided. In making such determination the board shall give due regard and weight to the attitude of the owners and occupiers of lands lying within the defined boundaries, the number of land owners eligible to vote in such referendum who shall have voted, the proportion of the votes cast in such referendum in favor of the creation of the district to the total number of votes cast, the approximate wealth and income of the land owners and occupiers. of the proposed district, the probable expense of carrying on erosion-control operations within such district, and such other economic and social factors as may be relevant to such determination having due regard to the legislative determinations set forth in this chapter; provided, however, that the board shall not determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible unless at least a majority of the votes cast in the referendum upon the proposition of creation of the district shall have been cast in favor of the creation of such district. Hlstory.-~5. ch , 1937; 3, ch , 1939; CGL 1940 Supp. 4151(476) Organization of district, etc.- (1) If the board shall determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible, any five of the petitioners who signed the petition for the creation of the proposed district may present to the secretary of state an application signed by them which shall set forth (and such application need contain no details other than the mere recitals) (a) that a petition for the creation of the district was filed with the state soil conservation board pursuant to the provisions of this chapter, and that the proceedings specified in this chapter were taken pursuant to such petition; that the application is being filed in order to complete the organization of the district under this chapter; (b) the name which is proposed for the district; and (c) the location selected by the board to be the principal office of the supervisors of the district. The application shall be accompanied by a statement by the state soil conservation board, which shall certify (and such statement need 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 refer~ndum to be in favor of the creation of the district; that thereafter the board did duly determine that the opera-

21 2021 tion of the proposed district is administratively practicable and feasible. The said statement shall set forth the boundaries of the district as they have been defined by the board. (2) The secretary of state shall examine the application and statement and, if he finds that the name proposed for the district is not identical with that of any other soil conservation district of this state or so nearly similar as to lead to confusion or uncertainty, he shall receive and file them and shall record them in an appropriate book of record in his office. If the secretary of state shall find that the name proposed for the district is identical with that of any other soil conservation district of this state, or so nearly similar as to lead to confusion and uncertainty, he shall certify such fact to the state soil conservation board and to the five petitioners and the petitioners shall thereupon submit to the secretary of state a new name for the said: district not subject to such defects. Upon receipt of such new name, free of such defects, the secretary of state shall record the application and statement, with the name so modified, in an appropriate book of record in his office. The secretary of state shall make and issue a certificate under the seal of the state, of the due organization of the said district, and shall record such certificate with the application and statement. The boundaries of such district shall include the territory as determined by the state soil conservation board. (3) After six months shall have expired from the date of entry of a determination by the state soil conservation board that operation of a proposed district is not administratively practicable and feasible, and denial of a petition pursuant to such determination, subsequent petitions may be filed as aforesaid, and action taken thereon in accordance with the provisions of this chapter. History.- 5, ch , 1937; 3, ch , 1939; CGL 1940 Supp. 4151(476); am. 7, ch , Am. 1, ch , cf , Discontinuance of districts Addition of territory to district or removal of territory therefrom.-petitions for including additional territory or removing territory within an existing district may be filed with the state soil conservation board, and the proceedings provided for in this chapter in the case of petitions to organize a district shall be observed in the case of petitions for such inclusion or removal. The board shall prescribe the form for such petition, which shall be as nearly a.s may be in the form prescribed in this chapter for petitions to organize a district. If the petition is signed by a majority of the land owners of such area, no referendum need be held. In referenda upon petitions for such inclusions or removals, all owners of land lying within the proposed area to be added or removed shall be eligible to vote. H lstory.- 5, ch , 1937; 3 ch CGL 1940 Supp. 4151(476). ' ' ' Am. 2, ch , SOIL CONSERVATION Presumption as to establishment. In any suit, action or proceeding involving the validity or enforcement of, or relating to, any contract, proceeding, or action of the district, the district shall be deemed to have been established in accordance with the provisions of this chapter upon proof of the issuance of the aforesaid certificate by the secretary of state. A copy of such certificate duly certified by the secretary of state shall be admissible in evidence in any such suit,- action, or proceeding and shall be proof of the filing and contents thereof. History.- 5, ch , 1937; 3, ch , 1939; CGL 1940 Supp (476) 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 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 dh;trict 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. lllstory.- 6, ch , 1937; 4, ch. :19473, 1939; CGL 1940 Supp. 4151(477) Qualifications and tenure of supervisors.-the governing body of the district shall consist of five supervisors, elected as provided hereinabove.

22 SOIL CONSERVATION The supervisors shall designate a chairman and may, from time to time, change such designation. The term of office of each supervisor shall be three years, except that two supervisors shall be elected to serve for initial terms of one and two years, respectively, from the date of their election as provided in this chapter. A supervisor shall hold office until his successor has been elected and qualified. The selection of successors to fill an unexpired term, or for a full term, shall be by election by the qualified electors of the district. A majority of the supervisors shall constitute a quorum and the concurrence of a majority of the supervisors in any matter within their duties shall be required for its determination. A supervisor shall receive no compensation for his services, but he shall, with approval of the supervisors of the district, be entitled to expenses, including travel expenses, necessarily incurred in the discharge of his duties. The supervisors may utilize the services of the county agricultural agents and the facilities of the county agricultrual agents' offices insofar as practicable and feasible and may employ such additional employees and agents, permanent and temporary, as they may require, and determine their qualifications, duties and compensation. The supervisors may delegate to their chairman, to one or more supervisors, or to one or more agents, or employees such powers and duties as they may deem proper. The supervisors shall furnish to the state soil conservation board, upon request, copies of such rules, regulations, orders, contracts, forms and other documents as they shall adopt or employ, and such other information concerning their activities as it may require in the performance of its duties under this chapter. The supervisors shall provide for the execution of surety bonds for all employees and officers who shall be entrusted with funds or property; shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations, and others issued or adopted; and shall provide for an annual audit of the accounts of receipts and disbursements. Any supervisors may be removed by the governor of this state upon notice and hearing, for neglect of duty or malfeasance in office, but for no other reason. The supervisors may invite the legislative body of any municipality or county located within or near the territory comprised within the district to designate a representative to advise and consult with the supervisors of the district on all questions of program and policy which may' affect the property, water supply, or other interest of such municipality or county. History.- 7, ch , 1937; 5, ch , 1939; CGL 1940 Supp (478) 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 2022 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 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 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 state or any of its agencies, with the cooperation of the agency administering and having jurisdiction thereof, and on any other lands within the district upon obtaining the consent of the owner and the occupiers of such lands or the necessary rights or interests in such lands; (4) To cooperate, or enter into agreements with, and within the limits of appropriations duly made available to it by law, to furnish financial or other aid to, any agency, governmental or otherwise, or any owner or occupier of lands within the district, in the carrying on of erosion control or prevention operations within the district, subject to such conditions as the supervisors may deem necessary to advance the purposes of this chapter; (5) To obtain options upon and to acquire, by purchase, exchange, lease, gift, grant, bequest, devise, or otherwise, any property, real or personal, or rights or interests therein; to maintain, administer, and improve any properties acquired, to receive income from such properties and to expend such income in carrying otit 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

23 2023 SOIL CONSERVATION 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 boundaries; to act as agent for the United States, or any of its agencies, or for the state or any of its agencies, in connection with the acquisition. construction, operation or administration of any soil-conservation, erosion-control, or erosion-prevention project within its boun~ daries; to accept donations, gifts, and contributions in money, services, materials, or otherwise, from the United States or any of its agencies, or from this state or any of its agencies, or from others, and to use or expend such moneys, services, materials or other contributions in carrying on its operations; (10) To sue and be sued in the name of the district; to have a seal, which seal shall be judicially noticed; to have perpetual succession unless terminated as provided in this chapter; to make and execute contracts and other instruments necessary or convenient to the exercise of its powers; to make, amend and repeal, rules and regulations not inconsistent with this chapter, to carry into effect its purposes and powers ; (11) As a condition to the extending of any benefits under this chapter to, or the performance of work upon, any lands not owned or controlled by this state or any of its agencies, the supervisors may require contributions in money, services, materials, or otherwise to any operations conferring such benefits, and may require landowners and occupiers to enter into and perform such agreements or covenants as to the permanent use of such lands as will tend to prevent or control erosion thereon; (12) No provisions with respect to the acquisition, operation, or disposition of property by public bodies of this state shall be applicable to a district organized hereunder unless the legislature shall specifically so state. The property and property rights of every kind and nature acquired by any district organized under the provisions of this chapter shall be exempt from state, county, and other taxation. History.- 8, ch , 1937; CGL 1940 Supp. 4151(479); am. 7, ch , 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 submitted by ballots, upon which the words "For approval of proposed land-use regulations for the conservation of soil and prevention of erosion" and "Against approval of proposed land-use regulations for conservation of soil and prevention of erosion" shall appear, with a square before each proposition and a direction to insert an X mark in the square before one or the other of said propositions as the voter may favor or oppose approval of such proposed regulations. The supervisors shall supervise such referendum, shall prescribe appropriate regulations 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

24 SOIL CONSERVATION have been cast for approval of the said proposed regulations. The approval of the proposed regulations by a majority of the votes cast in such referendum shall not be deemed to require the supervisors to adopt such proposed regulations. Land-use regulations adopted pursuant to the provisions of this section by the supervisors of any district shall be binding and obligatory upon all owners and occupiers of land within such districts. Any owner of land within such district.may at any time file a petition with the supervisors asking that any or all of the land-use regulations adopted by the supervisors under the provisions of this section shall be amended, supplemented, or repealed. Land-use regulations adopted pursuant to the provisions of this section shall not be amended, supplemented or repealed except in accordance with the pr~cedure prescribed in this section for adoption of land-use regulations. Referenda of adoption amendment, supplementation, or repeal of iand-use regulations shall not be held more often than once in six months. Hlstory.- 9, ch , 1937; CGL 1940 Supp. 4151(480) Regulations; contents.-the regulations to be adopted by the supervisors under the provisions of this chapter may include: (1) Provisions requiring the carrying out of necessary engineering operations, including the construction of terraces, terrace outlets, check dams, dikes, ponds, ditches, and other necessary structures; (2) Provisions requiring observance of particular methods of cultivation including contour cultivating, contour furrowing, lister furrowing, sowing, planting, strip ~ropping, changes in cropping systems, seedmg, 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, me~sures, operations and programs as may assist conservation of soil resources and prevent or control soil erosion in the district, having due regard to the legislative findings set forth in this chapter. The regulations shall be uniform throughout the territory comprised within the district except that the supervisors may classify the lands within the district with reference to such factors as soil type, degree of slope, degree of erosion threatened or existing, cropping and tillage practices in use, and other relevant factors, and may provide regulations varying with the type or class of land affected, but uniform as to all lands within each class or type. Copies of land-use regulations adopted under the provisions of this chapter shall be 2024 printed and made available to all owners and occupiers of lands lying within the district. Hlstory.- 9, ch , 1937; CGL 1940 Supp. 4151(480) Performance of work under the regulations by the supervisors.-the supervisors may go upon any lands within the district to determine whether land-use regulations adopted are being observed. Where the supervisors of any district shall find that any of the provisions of land-use regulations adopted are not being observed on particular lands, and that such non-observance tends to increase erosion on such lands and is interfering with the prevention or control of erosion on other lands within the district, the supervisors may present to the circuit court for the county or counties within which the lands of the defendant may lie, a petition, duly verified, setting forth the adoption of the land-use regulations, the failure of the defendant land owner or occupier to observe such regulations, and to perform particular work, operations, or avoidances as required thereby, and that such non-observance tends to increase erosion on such lands and is interfering with the prevention or control of erosion on other lands within the district, and praying the court to require the defendant to perform the work, operations, or avoidances within a reasonable time and to order that if the defendant shall fail so to perform the supervisors may go on the land, perform the work or other operations or otherwise bring the condition of such lands into conformity with the requirements of such regulations, and recover the costs and expenses thereof, with interest, from the owner of such land. Upon the presentation of such petition the court shall cause process to be issued against the defendant, and shall hear the case. If it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence, or appoint a referee to take such evidence as it may direct and report the same to the court within his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may dismiss the petition; or it may require the defendant to perform the work, operations, or avoidances, and may provide that upon the failure of the defendant to initiate such performance within the time specified in the order of the court, and to prosecute the same to completion with reasonable diligence, the supervisors may enter upon the lands involved and perform the work or operations, or otherwise bring the conditions of such lands into conformity with the requirements of the regulations and recover the costs and expenses thereof, with interest at the rate of five per cent per annum, from the owner of such lands. The court shall retain the jurisdiction of the case until after the work has been completed. Upon completion of such work pursuant to such order of the court the supervisors mav

25 2025 SOIL CONSERVATION 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 ~hem.in the performance of the work and praymg 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. Hlstory.- 10, ch , 1937; CGL 1940 Supp. 4151(481) Board of adjustment.-where the supervisors of any district organized under the. provisions of. t~is chapter shall adopt an or~mance.prescnbmg land-use regulations, sud supervisors shall constitute and be exofficio members of, a board of a'djustment to h~ar 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. Hlstory.- 11, ch , 1937; 6, ch CGL 1940 Supp. 4151(482).. ' ' Rules of procedure of board.-the boar_d of adjustment shall adopt rules to govern Its procedures, which rules shall be in accordan~e 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. A~y 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 attend~ ance of witnesses. All meetings of the board shall be open to the public. The board shall keep. a full and accurate record of all proceedmgs and of all documents filed in its office which shall be a public record. ' Hlstory.- 11, ch , 1937; 6, ch , 1939; CGL 1940 Supp. 4151(482). ~82.26 Petition to board to vary from regulatjo~s:-an;r land owner or occupier may file ~ petition with the board of adjustment allegmg 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 ordi ~ance approved by the supervisors, and praymg the board to authorize a variance from the ~er~s of the land-use regulations in the apphc_atwn of such regulations to the lands occ~.pied by the petitioner. Copies of such petition. shall be filed by the petitioner with the chairman of the state soil conservation b.oard. The board of adjustment shall fix a time for the hearing of the petition and cause due noti~e of such hearing to be given. The state soil conservation board shall have the ~ight to appear and be heard at such hearmg. 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. Hlstory.- 11, ch , 1937; 6, ch , 1939; CGL 1940 Supp. 4151(482) 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 ordej," 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

26 SOIL CONSERVATION the hearing before the board, the court may order such additional evidence to be taken before the board and to be made a part of the transcript. The board may modify its findings as to the facts or make new findings, taking into consideration the additional evidence so taken and filed, and it shall file such modified or new findings, which, if supported by evidence, shall be conclusive, and shall file with the court its recommendations, if any, for the modification or setting aside of its original order. The jurisdiction of the court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to review, in the same manner as are other judgments or decrees of the court. History.- 11, ch , 1937; 6, cb , 1939; CGL 1940 Supp. 4161(482) Cooperation between districts.-the supervisors of any two or more districts organized under the provisions of this chapter may cooperate with one another in the exercise of any or all powers conferred in this chapter. History.- 12, cb , 1937; CGL 1940 Supp. 4151(483) 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 distr~cts 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. History.- 13, ch , 1937; CGL 1940 Supp. 4161(484) Discontinuance of districts; referendum.-any time after five years from the organization of a district under the provisions of this chapter, any twenty-five owners of land lying within the boundaries of such district may file a petition with the state soil conservation board praying that the operations of the district be terminated and the existence of the district discontinued. The board may conduct such public meetings and public hearings upon petition as may be necessary to assist it in the consideration thereof. Within sixty days after such a petition has been received by the board it shall give due notice of the holding of a referendum, and shall supervise such referendum, and issue appropriate regulations governing the conduct thereof, the question to be submitted by ballots upon which the words "For terminating the existence of the (N arne of the soil conservation district to be here inserted)" and "Against 2026 terminating the existence of the (N arne of the soil conservation district to be here inserted)" shall appear with a square before each proposition and a direction to insert an X mark in the square before one or the other of said propositions as the voter may favor or oppose discontinuance of such district. All owners of lands lying within the boundaries of the district shall be eligible to vote in such referendum. Only such land owners shall be eligible to vote. No informalities in the conduct of such 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 operation of the district is not administratively practicable and feasible. History.- 14, ch , 1937; 7, ch , 1939; CGL 1940 Supp. 4151(485) 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. History.- 14, ch , 1937; 7, ch , 1939; CGL 1940 Supp. 4151(485) 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

27 2027 district or supervisors are parties, shall remain in force and effect for the period provided in such contracts. The state soil conservation board shall be substituted for the district or supervisors as party to such contracts. The board shall be entitled to all benefits and subject to all liabilities under such contracts and shall have the same right and liability to perform, to require performance, and to modify or terminate such contracts by mutual consent or otherwise, as the supervisors of the district would have had. Such dissolution shall not affect the lien of any judgment entered under the provisions of this chapter, nor the pendency of any action instituted under the provisions of this chapter, SOIL CONSERV ATION 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. History.- 14, ch , 1937; 7, ch , 1939; CGL 1940 Supp. 4151(485) Expired. History.- 1, 2, 3, ch , Expired.

28 CLASSIFICATION 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" in eggs shall mean any person selling or offering for sale in this state thirty dozen or more eggs in any one week. "Dealer" in fowl shall mean any person engaged in the business of selling or offering for sale in this state any fowl, in excess of one hundred pounds in any one week, that are free from disease. (2) "Cold storage eggs" 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 agriculture. (4) "Unclassified eggs" shall mean eggs which have not been in cold storage but which do not meet the grades and standard$ of qualification set up by the commissioner of agriculture. (5) Shell protected eggs shall mean eggs ~hich have been shell treated for the purpose of preserving of the quality thereof. (6) "Florida eggs" shall mean eggs which have been produced in this state which meet the grades and standards set up by the commissioner of agriculture. (7) "Fowl" shall mean all kinds of poultry an? shall inclu?e chickens, turkeys, ducks, gumeas, geese, pigeons and other domesticated food birds. Hlstory.- 1, ch , 1933; 1, 2, ch ; 1, ch , 1935; CGL 1936 Supp. 4126(1), 4126(2), 4151(379); am. 1, ch , Labeling, marking and advertising eggs.-it is unlawful for any dealer: (1) To offer for sale or sell in this state any case of eggs, or partial case of eggs, without clearly imprinting thereon or securely pasting thereto a label not smaller than seven inches by seven inches, on which shall be plainly and legibly printed the name and address of the packer of said eggs and the classification, grade and standard to which such eggs belong. (2) To offer for sale or sell in this state any carton of eggs without clearly designating thereon the classification, grade and standard to which such eggs belong 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 commissioner. Sale of unsound, etc., fowls prohibited. Penalties for violations of chapter. (3 ) To offer for sale or sell eggs in bulk (not in cases or cartons) from any open case, box, basket, or other receptacle holding said eggs in bulk without displaying conspicuously on every such case, box, basket, or other receptacle a placard or heavy cardboard not smaller than seven inches by seven inches in size, on which shall be legibly and plainly printed in letters not smaller than one inch in height, wording showing whether said eggs offered for sale or sold are "cold storage eggs" (inserting the state of origin), "shipped (inserting the state of origin) eggs," "Florida eggs," "unclassified eggs" (inserting the state of origin) or "processed eggs" (inserting the state of origin), and also stating the grade and standard to which the eggs contained therein conform. ( 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. Hlstory.- 2, ch , 1933; 2, 3, ch , 1935; CGL 1936 Supp (2), 4126 (3) 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 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

29 2029 CLASSIFICATION AND SALE OF EGGS, POULTRY, ETC or standard of quality by the United States department of agriculture. History.- 9, ch , 1935; CGL 1936 Supp. 4126<9) Promulgation of regulations.- rhe commissioner of agriculture may make ~nd promulgate such regulations as may be r cessary to carry out the provisions of this ch.. ;ter. Hiotory.- 8, ch , 1933; 10, ch , 1935, CGL 1936 Supp (10) Powers of commissioner of agriculture in making inspections.-for the purpose of carrying out the provisions of this chapter, the commissioner of agriculture, individually or through his authorized inspectors or agents, is authorized: (1) To enter, on any business day, during the usual hours of business, any store, market or any other building or place where eggs are sold or offered for sale in this state, or to stop ~nd inspect any truck or other vehicle transport Ing eggs to be sold or offered for sale in this state, and to make such examination or inspection as may be necessary to ascertain whether any of the pro_visions of this chapter or any rule or regulat1on duly promulgated hereunder in relation to the sale or offering for sale in this state of any eggs are being violated. (2) To issue and enforce a stop sale notice or order _to the owner or custodian of any lot of eggs which the commissioner or his inspectors or agents find, or have good reason to believe is in violation of any of the provisions of , , , , , , or any regulation issued hereunder which s~all. pro~ibit further sale, barter, exchange or distnbution of eggs until the commissioner of agriculture is satisfied that the law has been complied with and has issued a written release or notice to the owner or custodian of such eggs. Hi ~ tory.- 11, c h , 1935; CGL 1936 Supp (11) ; u m. 2, ch , Employment of assistants.- The commissioner of agriculture may employ such assistants as are necessary to carry o ut and enf<;>rce the provisions of this chapter, such ll SSJ!'t ants to be paid out of the general inspection fund. llistory.- 12, ch , 1935 ; CGL 1936 Supp (12) 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. Hlotory.- 3, ch , 1933; 4, ch , 1935; CGL 1936 Sup p. 4126(4) 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 labelsor stamps ; provided said eggs are accompanied by proper bill of lading, and provided further that the consignee, immediately upon receipt of such eggs and prior to selling or offering them for sale, shall affix to each case the inspection stamp and the label required by this chapter. History.- 5, ch , 1935; CGL 1936 Supp. 4126(5) Certification of dealers.-it is unlawful for any person to sell or offer for sale eggs as a dealer unless such person has obtained from the commissioner of agriculture a certificate to be issued free of charge authorizing such person to engage in the selling of eggs as such dealer in the State of Florida. Such certificate shall be subject to revocation by the commissioner of agriculture for cause. All such certificates heretofore or hereafter issued prior to July 1, 1947 shall expire on July 1, 1947 and thereafter all such certificates shall be renewable annually on the first day of July of each year and shall expire on the thirtieth day of June next succeeding the date of issuanc~. Hiotory,- 4, ch , 1933 ; 6, ch , 1935; CGL 1936 Supp (6) ; am. 3, ch , Copies of invoices to commissioner of agriculture.-the commissioner of agriculture may for cause require any \fealer so granted a certificate to mail to the office of the commissioner of agriculture at Tallahassee, Florida, duplicate copies of all invoices or equivalent information, showing the consignor, the consignee, the quantity, source, classification, grades and standards of eggs included in each purchase or sale, or such other information as the commissioner of agriculture may require; and the commissioner of agriculture may prescribe the forms to be used to give such information. l listory.- 5, ch , 1933 ; 7, ch , 1935; CGL 1936 Supp (7) Eggs in interstate commerce excepted.-this chapter shall not apply to any shipment of eg-gs while the same constitutes a bona fide shipment in interstate commerce, but this chapt er shall apply at the very instant when an i!lterst ate 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. Jlistory.- 8, ch , 1935; CGL 1936 Supp. 4126(8} Live and dressed poultry.-live and dressed poultry are classified as: (1) Live poultry, construed to mean fowl, not diseased, to be slaughtered for human consumption. (2) Florida dressed, construed to mean any fowl, free of disease, slaughtered and offered for sale in Florida, that have not been hardchilled or frozen. (3) Shipped (state of origin) dressed, construed to mean any fowl, free of disease, produced and slaughtered outside of Florida, that have not been hard-chilled or frozen. (4) Quick frozen, or frozen, construed to

30 CLASSIFICATION AND SALE OF EGGS, POULTRY, ETC mean any fowl that_ have?een proces~ed, packed, sealed and frozen m stnct conformity with accepted standards for quick freezing, or frozen, that have not developed any appearance of cold sto~age. stock and show no evidence of deterwratwn from freezing. (5) Storage (or cold storage) fowl, construed to mean all fowl free from disease and re "ardless of where slaughtered, that show evi~ence of deterioration from freezing or that ~hlch have been held at low temperature for sixty days or more. History.- 2, ch , 1935 ; CGL 1936 Supp 4151(380) am. 4, ch , ' Dealers to mark slaughtered fowl as to grade.-it is unlawful for any dealer: (1).To offei~ for sale or sell in the State of ~lon?a.any slaughtered fowl without clearly Imprmtmg 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 wh1eh the same belong. Whenever shipped fresh dressed or cold storage fowl are sold o~ offered for sale packed in a container other than an airtight container, such container shall have affi:>_ced a label, not less than two inches by.four u~ches?n which shall be plainly and legibly pnnted m letters not less than threeeighths inch in height the classification grade and standard to which the contents ~f such container belong. (2) To offer fowl for sale in any newspaper advertisement, circular, radio or other ~orm. of advertising. without plainly designatmg m such advertisement the classification, grade and standard to which the fowl being offered for sale properly belong. History.- 3, ch , 1935; CGL 1936 Supp. 4151(381) Certification of fowl dealers.-lt is unlawful for any person to sell or offer for sale any fowl as a dealer unless such person has obtained from the commissioner of agriculture a certificate authorizing such person to engage in the business of selling fowl in Florida. Such certificate shall be subject to revocation by the commissioner of agriculture for cause. All such certificates heretofore or hereafter issued prior to July 1, 1947 shall expire on July 1, 1947 and thereafter all such certificates shall be renewable annually on the first day of July of each year and shall expire on the thirtieth day of June next succeeding the date of issuance. History.- 4, ch , 1935; CGL 1936 Supp. 4151(382); am. 5, ch , Reports of fowl dealers.-the commissioner of agriculture may require every 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 consigno.r, th~ consignee, the quantity, source and classificatwn of fowl included in each purchase or sale, or such other information as th.e ~ommissioner may require; and the commisswner may prescribe the forms to be used to give such information. History.- 5, ch , 1935; CGL 1936 Supp. 4151(383) 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. History.- 6, ch , 1935; CGL 1936 Supp. 4151(384) Grades and standards for fowls. T~e commis~ioner of agriculture may detern;me, estabhsh and promulgate, from time to bme, 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. llist.,ry.-~ 7, 8, ch , 1935; CGL 1936 Supp. 4151( (385) (386) Inspection by commissioner.-the commissioner of agriculture, his inspectors or agents, in carrying out the provisions of this law: (1) May enter, on any business day, during the usual hours of business, any store, market or other building or place where fowl are sold or offered for sale and may stop and indpect any truck or other vehicle transporting fowl to be sold or offered for sale in this state, and make such exam_ination or inspection as is necessary to ascertam whether any of the provisions of this chapter or any rule or regulation duly promulgated in relation to the sale or offering for sale in this state of any fowl are being violated. (2) May issue and enforce a stop sale notice or order to the owner or custodian of any lot of fowl which the commissioner or his inspectors or agents find, or have good reason to believe are in violation of any of the provisions of thi~ section or any regulation issued hereunder which shall prohibit further sale, barter, ex: change or distribution of such fowl until the commissioner of agriculture Is satisfied that the law has been complied with and has issued a written release or notice to the owner or custodian of such fowl..

31 2031 OLASSIFICATION AND SALE OF EGGS, POULTRY, ETC An inspection fee of not less than one-eighth of one cent per pound nor more than onefourth of one cent per pound is hereby imposed, and shall be paid to the commissioner of agriculture, on all dressed fowl sold by dealers in this state, which said inspection fee shall be paid by the processor (the person slaughtering and dressing sa id fowl ), the wholesale dealer or distributor selling dressed fowl to be resold at retail in this state, provided that in instances where the processor and the retail dealer is one and the same person, then and in that event said inspection fee shall be paid by the processor; provided further that it shall be unlawful for any dealer to sell or offer for sale in this state any dressed fowl on which said inspection fee shall not have been paid. The manner of collection of such inspection fee shall be as prescribed by the commissioner of agriculture who is hereby authorized to so prescribe and enforce the method and manner of collecting the same. All such fees so collected shall be paid into and become a part of the general inspection fund of the state. History.- 9, 10, ch , 1935; CGL 1936 Supp (387), 4151(388); am. 6, ch , Am. 11, ch , Sale of unsound, etc., fowls prohibited.-it is unlawful for any person to sell fowl, live or dressed, which is unsound, unhealthful, unwholesome, diseased or otherwise unfit for human consumption. History.- 11, ch , 1935; CGL 1936 Supp. 4151(389) 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. (2) In addition to the remedies provided in this chapter and notwithstanding the existence of any adequate remedy at law, the c~mmissioner of agriculture is hereby authonzed to apply by a bill in equity to a circuit court or circuit judge and such circuit court or circuit judge shall have jurisdiction upon hearing and for cause shown to grant a temporary or perma-. nent injunction, or both, restraining any person from violating or continuing to violate any of the provisions of , , , , , , or from failing or refusing to comply with the requirements of said , , , , , , or any rule or regulation duly promulgated as in authorized. Such injunction to be issued without bond. History.- 13, ch , 1935 ; 12, ch , 1935; CGL 1936 Supp. 4151(390), 7688(1), 8135(19); am. 7, ch , cf , Alternative punishment.

32 CONTROL OF HONEY BEE DISEASES 2032 CHAPTER Powers of state plant board over honey bees Certificate of inspection to accompany shipments Authority of plant board to enter depots, etc., to make irispections 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. Hlstory.- 2, ch. 7938, 1919; CONTROL OF HONEY BEE DISEASES 2, ch , 1927 ; CGL Certificate of inspection to accompany shipments.-all honeybees (except bees in combless packages) and used beekeeping equipment shipped or moved into the State of Florida, or shipped or moved within the State of Florida, shall be accompanied by a permit issued by the plant commission of the state plant board of Florida. Before any bees (except bees in combless packages) or used beekeeping equipment is shipped or moved from any other state into the State of Florida, the owner thereof shall make application on forms provided by the plant commissioner of the state plant board of Florida for a permit. The application shall be accompanied by a certificate of inspection signed by the state entomologist, state apiary inspector, or corresponding official of the state from which such bees or equipment are shipped or moved. Such certificate shall certify that all of the colonies, apiaries, and beeyards owned or operated by the applicant, his agents or representatives, have been inspected annually at a time when the bees are actively rearing brood, including one inspection within the period of thirty days immediately preceding the date of shipment or movement into Florida, and that no American foulbrood or other contagious or infectious diseases have been found in any colony, apiary, beeyard or other places where bees or equipment have been held by the applicant, within the period of two years immediately preceding the date of shipment or movement into Florida; provided that when honeybees are to be shipped into this state from other states or countries wherein no official apiary inspector or state entomologist is available, the state plant board of Florida may issue permit for such shipment upon presentation of suitable evidence showing Plant board may require removal, destruction, etc., of exposed or infected bees Penalty for violation. such bees to be free from disease. History.- 1, ch. 7938, 1919; 1, ch , 1927; CGL 3973; 1, ch , Am. 1, ch , 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. Hlstory.- 3, ch. 7938, 1919; 3, ch , 1927; CGL Plant board may require removal, destruction, etc., of exposed or infected bees. The plant board, through its agents or employees, may require the removal from this state of any honey bees or beekeeping fixtures which have been brought into the state in violation of the provisions of this chapter, or if finding any honey bees or fixtures infected with any contagious or infectious disease, or if finding that such bees or fixtures have been exposed to danger of infection by such a disease, may require the destruction, treatment or disinfection of such infected or exposed bees, hives, fixtures or appliances. Hlstory.- 3, ch. 7938, 1919; 3, ch , 1927; CGL Repealed.- History.- 4, ch. 7938, 1919; 4, ch , 1927; CGL 3976; a m. 1, ch , Repea led by 2, ch , Penaitv for violation.-whoever violates any of the provisions of Chapter 584, Florida Statutes, or whoever violates any of the rules and regulations promulgated by the state plant board in accordance with the provisions of said chapter, shall, for the first offense be deemed guiity of a misdemeanor and upon conviction thereof be punished by a fine of not less than one hundred dollars nor inore than five hundred dollars or by imprisonment for not more than six months in the county jail, and upon a second conviction thereof shall be deemed guilty of a felony and shall be punished by imprisonment in the state prison for a term not to exceed three years. It shall be the duty of the sheriffs and the Florida highway patrol officers to enforce the provisions of this chapter relating to the movement of bees and used bee equipment into the state as well as movement thereof within the state. Hlstory.- 5, ch. 7938, 1919; 5, ch , 1927; CGL 7878; am. 2, ch , Am. 3, ch , cf , Alternative punishment.

33 2033 STATE LIVE STOCK SANITARY BOARD (}1 Definitions State livestock sanitary board State livestock sanitary board, a body corporate Headquarters of said board and place of meetings Compensation and expenses of board Procurement of expense moneys Audit and payment of accounts General powers of the board; rules and regulations Procedure for condemnation of domestic animals and property by board Condemned and destroyed animals; limitation on payment to owner Cooperation with United States authorities State veterinarian Supervisor of tick eradication; livestock inspectors Information concerning, and control of, live stock diseases Dangerous transmissible diseases Powers of board in connection with certain diseases Care of domestic animals or cattle with transmissible diseases and liability therefor Diseased animals Practitioners of veterinary medicine and owners of domestic animals or cattle to report communicable diseases, infection by or infestation of domestic animals or cattle with the cattle fever tick Injection of germs into animals Sale of biological products Public notice of general quarantines Owners of live stock and premises under quarantine to comply with rules and regulations Cattle fever tick eradication; quarantine Definitions.-In construing this chapter, where the context permits, the word, phrase or term: (1) "Domestic animal" shall include any equine or bovine animal, goat, sheep, swine, dog, poultry or other domesticated beast or bird; (2) "Cattle" shall include any bull, steer, ox, cow, heifer, calf, or any other animal subject to infestation by cattle fever ticks. (3) "Board" shall mean the state live stock sanitary board of Florida. (4) "Owner" shall include any owner, custodian, or other person in charge of cattle. Hlstory.- 5, ch. 9201, 1923; 2, ch , 1935; CGL 1936 Supp. 3321, 3323 (2). Am. 1, ch , State livestock sanitary board.-the state livestock sanitary board shall be composed of seven practical livestock men, resident citizens of the State of Florida, actively engaged in the livestock 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 CHAPTER 585 STATE LIVESTOCK SANITARY BOARD Cattle fever tick eradication, vats, corrals, buffer fences, acquisition of lands and equipment and dipping schedules Fever tick eradication; past,ure rotation method Fever tick eradication, reimbursement of costs, etc Fever tick eradication; abitration of costr etc Fever tick eradication; procedure where: owner fails or refuses to dip Purchase and distribution of anti-hog cholera serum and hog cholera virus Distribution of anti-hog cholera serum and hog cholera virus to farmers 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 Courts have power to enforce provisions by mandamus or injunction Injuring property used in the eradication of diseases of cattle, etc Interference with state live stock sanitary board Violation of quarantine regulations Violation of rules or regulations of board !2 Killing young veal for sale; penalty Purchase, distribution and administration of brucellosis (Bang's disease) vaccine Right of appeal Failure of veterinarians or the owners of domestic animals or cattle afflicted or suffering with contagious, infectious, or communicable diseases, or infected by or infected with the cattle fever tick, to report the same. terms. Before entering upon the discharge of their duties as members of said board, each member shall subscribe to the oath of office as required by the Florida constitution, and shall also be required to give a good and sufficient bond, in the penal sum of ten thousand dollars with a surety company authorized to do business in the State of Florida, as surety, payable to the governor and his successors in office, and conditioned upon the due and faithful performance of his duties as a member of the livestock sanitary board. All acts performed by the members of said board, as well as of their agents, acting in their official capacity, shall be deemed to have been performed in the faithful performance of their duties as required by this chapter, and the rules adopted by this board. Hlstory.- 1, ch. 7345, 1917; RGS 2101; 1, ch. 8508, 1921; 1, ch. 9201, 1923 ; CGL 3317; am. 1, ch , State livestock sanitary board, a body corporate.-the said state livestock sanitary board shall be a body corporate, having the usual powers of a body corporate, for all purposes necessary to fully carry out the provisions and requirements of this chapter, including the

34 STATE LIVE STOCK SANITARY BOARD 2034 right to contract and be contracted with, to sue and be sued, as well as all other rights and immunities usually enjoyed by bodies corporate. Said board shall have a corporate seal to be selected by it. Said board shall select one of its members as chairman and the state veterinarian shall be secretary to said board. Hlstory.- ~ 1, 7, ch. 9201, 1923; CGL 3317, 3323; am. 2, ch , Headquarters of said board and place of meetings.-the official headquarters of the board shall be located in Tallahassee, Florida, but the board, by resolution may establish branch offices at any other place or places in the State of Florida as may from time to time be deemed necessary and advisable. Said board may hold its meetings at such places within the state as may be selected by a majority of the members of said board. The annual meeting of said board shall be held on the first Monday in March of each year. Special meetings may be called at any time by the board, or the secretary, or by the supervisor of tick eradication, or by the chairman upon request of a majority of the members. A majority of the members of the board shall constitute a quorum for all purposes. Hlstory.- 2, ch. 7345, 1917; RGS 2102; 1, 2, ch. 9201, 1923; CGL 3317, 3318; am. 3, ch , Compensation and expenses of board. -The members of the board shall receive no compensation for the work they may render under the provisions of this chapter, except tha.t they shall receive their expenses necessarily paid or incurred in the discharge of their duties as members of the board. History.- 3, ch. 7345, 1917; RGS 2103; 3, ch. 9201, 1923; CGL 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 unexpended balance during the current month and before the succeeding monthly advance is made and the comptroller shall audit the account and vouchers and draw his warrants on the treasurer for the amount due, and shall pay over to the treasury such warrant and amount returned by the board as provided for in this section, taken up by the requisition of the board given to the treasurer. History.- 17, ch. 9201, 1923; CGL 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. History.- 16, ch. 9201, 1923; CGL General powers of the board, rules and regulations.- (!) Establish, maintain and enforce quarantine areas within the state, or the entire state, and restrict, regulate or prohibit the movement or transportation of domestic animals and all other animals or cattle found and determined by said board, by resolution, to be carriers of any contagious, infectious or communicable disease or cattle fever ticks, into, from, and within such areas, when necessary for tick eradication, or for the carrying out of any of the purposes of this chapter, and for the prevention or the control of the spread or dissemination of cattle fever ticks or any contagious, infectious, or communicable disease among domestic animals and cattle. (2) Prescribe quarantine areas, their locations and boundaries, for the purpose of eradicating the cattle fever tick (Margaropus Annulatus) and controlling and preventing the propagation and spread of the same, and to restrict, regulate and prohibit the movement or transportation of domestic animals or cattle into, within, or out of such quarantine areas, when deemed necessary for the prevention or the control of the spread or dissemination of the cattle fever tick. (Margaropus Annulatus). (3) Make, promulgate, amend, repeal and enforce rules and regulations: (a) For the carrying out of the provisions, purposes and requirements of this chapter; (b) Governing the introduction of domestic animals into or within the state, which rules and regulations, when deemed necessary by the board, may require that all domestic animals moved into the state be covered by an official health certificate and requisite test chart approved by the livestock sanitary officer of the state or county of origin; (c) Governing the disposal or destruction of carcasses of domestic and other animals, which die from or while afflicted with any contagious, infectious, or communicable disease, in such manner as to prevent the spread or continuance of such contagion or infection; ( 4) Condemn and destroy any domestic animals, or other animals affected with any contagious, infectious, or communicable disease, or which have been exposed to or are suspected of being liable to spread any contagious, infectious, or communicable disease. (5) Condemn and destroy any barn, yard, shed, corral, or pen which, in the opinion of the board, is liable to convey the said infection or contagion. (6) To employ and fix the compensation of such attorney, or attorneys, as the board deems necessary to aid and assist it in exercising the powers and discharging the duties conferred and imposed upon it by law. Ifistory.- 5, 11, ch. 7345, 1917; RGS 2105, 2110, 2111; 6, ch. 9201, 1923; CGL 3322, 3339, 3340; 5, 6, ch , 1935 ; CGL 3323(6); am. 4, ch , Am. 2, ch , cf , Viola tion of rules and regulations of boa rd Procedure for condemnation of domestic animals and property by board.-con-

35 2035 STATE LIVE STOCK SANITARY BOARD demnation and destruction of domestic animals, barns, yards, sheds, corrals and pens, as provided in shall take place only after a fair appraisal of the value of the property, which value shall be determined by the board and the owner; provided, however, should the board and the owner be unable to agree on such value, the value shall then be determined by three disinterested appraisers, one to be appointed by the board, one by the owner of the property, and the third to be selected by these two. The appraised price, subject to the provisions of , Florida Statutes, shall be paid by the board as other expenses are paid. If the owners or person in charge of such domestic animal, barn, yard, shed, corral, or pen fails or refuses to name his or her appraiser within five days after requested by the board to do so, or refuses to permit the same to be condemned and destroyed, the board may make an order to the sheriff of the county wherein the property lies, directing him to destroy such domestic animal, barn, yard, shed, corral or pen, in the manner to be prescribed by such order, which order shall be 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. Hlstory.- 11, ch. 7345, 1917; RGS 2111; 11, ch. 9201, 1923; CGL 3340; am. 5, ch , Condemned and destroyed animals; limitation on payment to owner.-the board may indemnify and reimburse the owners of all animals condemned and destroyed by order of the board in cases where such animals have reacted to to the tuberculin test or the agglutination blood test for brucellosis (Bang's disease); provided, however, that such indemnity or reimbursement shall not exceed the sum of twelve dollars and fifty cents for any one animal. History.- 1, ch , 1937; CGL 1940 Supp. 3348(23); am. 1, ch , Cooperation with United States au thorities.- The board may cooperate with: (1) The authorities of the United States in the enforcement of all acts of congress for the control, prevention, suppression and extirpation of contagious, infectious and communicable diseases affecting domestic animals or. cattle and in connection therewith may: (a) Appoint inspectors of the United States bureau of animal industry as temporary assistant state veterinarians or livestock inspectors; provided, they shall first consent to act without compensation or profit from the State of Florida; (b) Accept aid or assistance from the United States in conducting the work of tuberculosis eradication, brucellosis and hog cholera control, or from any of its officers, representatives or agents, in carrying out such work. (2) The officials of the United States bureau of animal industry in tuberculosis eradication and brucellosis control work and the owners of domestic animals or cattle, who accept indemnity for animals found to be diseased and sla ughtered in accordance with the special acts of congress now in effect and appropriating funds for this purpose, or that may hereafter be available from such source. (3) The United States bureau of animal industry in carrying out the provisions of the national poultry improvement plan and the national turkey improvement plan in Florida, and in connection therewith, may promulgate rules and regulations necessary to carry out the provisions of the national poultry improvement plan and the national turkey improvement plan in Florida. HiRtory,- 12, ch. 7345, 1917; RGS 2112; 12, ch. 9201, 1923; CGL 3341; 7, c h , 1935 ; CGL 1936 Supp. 3323(7); a m. 1, ch , Am. 3, ch State veterinarian.-the board shall have the power, and it shall be its duty, as soon as practicable after its organization, to employ and fix the compensation and duties of a person who shall be an experienced expert in infectious, contagious, and communicable diseases of cattle, hogs, and other domestic animals, which shall include horses and mules, who shall be a graduate of a recognized and reputable college of veterinary medicine, and who shall be known and designated as the state veterinarian. The state veterinarian shall be the technical advisor to the board and to the supervisor of tick eradication and shall perform such other duties as prescribed by the board. History.- 6, ch. 7345, 1917; RGS 2106; 3, ch. 8508, 1921~ 7, ch. 9201, 1923; 1, ch , 1929; CGL 3323; 1, ch , 1935; CGL 1936 Supp. 3323(1); am. 6, ch , Supervisor of tick eradication; livestock inspector&.- (1) SUPERVISOR OF TICK ERADICA TION....:_The state livestock sanitary board shall, immediately upon the passage of this law* employ some practical livestock man, who has been engaged in the cattle industry in the State of Florida, as supervisor of the rules and regulations adopted and promulgated from time to time by said board and of the provisions of this chapter, relating or pertaining to. the eradication of the present or future reinfestations of fever tick in the State of Florida. Said supervisor shall be in charge and directly responsible for the fever tick eradication program as outlined and promulgated by said board, shall maintain his office, or offices, in the reinfested area, or areas, as now established, or as may be established from time to time. In the absence of any rule, regulation, or provision of this law necessary to the successful carrying out of the eradication of the fever tick program as now, or hereafter, adopted by said board, he shall have full authority to adopt such rule or regulation as may meet.such emergency or emergencies as may arise until the next meeting of the board, at which time such action of said supervisor shall be reported to the board and at such meeting acted upon by the board. The compensation of said supervisor shall- be fixed by the board and he shall remain in the employ of the board so long as the board may determine. All inspec-

36 STATE LIVE STOCK SANITARY BOARD 2036 tors and employees, employed or req~ired in an infested area, or areas, as may ex1st from time to time, shall be under the supervision of the supervisor and shall be selected by the :supervisor subject to the appr?val of t~e board. Said supervisor shall be requued to g1ve good and sufficient bond in the penal sum of ten t~ousand dollars with a surety company authonzed to do business in the State of F~orida, as sure~y payable to the governor and h1s success~rs m office, and conditioned upon the due a_nd fa1th~ul performance of his duties as superv1sor of tlck eradication. (2) LIVESTOCK INSPECTORS.-The supervisor, with the approval of the board, may select, appoint, commission, and employ competent persons to be known as livestock inspectors; employ labor, agents and representatives as the said supervisor with the approval of the _board may determine, and fix the terms of the1r employment, powers and duties. The bo3:rd shall purchase all materials, fix compensatwn, and incur all other expenses of whatsoever nature in connection with and required for the work of tick eradication; provided, that any and a!l livestock inspectors selected und~r the P:fOVlsions of this section shall be requ1red to g1ve a bond in the penal sum of one thousand dollars executed by a surety company authorized to execute legal bonds in this state, which bond shall be conditioned upon the faithful performance of their duti-es. Hlstory.- 14, ch. 7346, 1917 ; RGS 2114; 10, ch. 9201, 1923; CGL 3326; am. 7, ch , Information concerning, and control of, live stock diseases.-the board shall collect, preserve and disseminate informatio!l concerning infectious, contagio.us, ~ommumc~ble. a!ld other diseases of domestic ammals, the1r ongm, locality, nature, appearance, manner of dissemination or contagion and method of treatment required for the successful eradication and control thereof and said board shall take such measures as in its judgment may be necessary and proper for the control, suppression eradication and prevention of the spread ther~of and to protect domestic animals in the State of Florida therefrom. Said board shall also quarantine such domestic animals as it shall find or have reason to believe, to be infected ~ith or exposed to any such disease. Hlstory.- 4, ch. 7346, 1917; RGS 2104; 4, cb. 9201, 1923; CGL Dangerous transmissible diseases. The following named diseases and any other contagious, infectious, or communicable diseases now or hereafter proclaimed by the board to be of a dangerous transmissible nature, shall be known as dangerous transmissible diseases: Glanders, anthrax, blackleg, contagious pleuropneumonia, rinderpest or cattle plagu~, hemorrhagic septicemia, foot and mouth d1sease or apthous fever, southern cattle fever or Texas fever, sheep or cattle scabies, hog choler~. swine plague, swine erysipelas, fowl plague or fowl pest, rabies, dourine, tubetculos1s, brucellosis, or domestic animals or cattle infested with or infected by the cattle fever tick or ticks. Hlstory.- 3, ch , 1936; CGL 1936 Supp. 3323(3). Am. 4, ch , ct , Nuisance to keep diseased animals In the state , Nuisance to bring diseased animals into the state , 17, Sale ot diseased animals; arrest Powers of board in connection with certain diseases.-whenever any of the diseases enumerated in or any disease now or hereafter proclaimed by the state livestock sanitary board to be of a dangerous or transmissible nature, shall exist anywhere within the State of Florida, or whenever it is deemed necessary or advisable to dip, examine, test, treat or destroy, the board may, or through its representatives and agents, dip, examine, test, treat or destroy, any infected, exposed, suspected or susceptible animal and any goods, products or materials that may carry contagion, or may quarantine on or in, for or against any premises, areas, or localities within the State of Florida; provided that provisions of this chapter shall not apply to game animals. Hlstory.- 4, ch , 1935 ; CGL 1936 Supp. 3323(4) ; a m. 8, ch , Care of domestic animals or cattle with.transmissible diseases and liability therefor.-any person, firm or corporation who knowingly sells or offers for sale or knowingly or wilfully transports or moves, or knowingly or wilfully allows or permits any domestic animal or cattle to stray or drift within the State of Florida, knowing such animal or cattle to be suffering from, afflicted with or affected with any of the diseases enumerated in , or who knowingly or wilfully transports or moves or knowingly or wilfully allows or permits any domestic animal or cattle to stray or drift from any quarantine area, or who knowingly or wilfully sprays or dips any domestic animal or cattle in an effort to destroy any evidence of the cattle fever tick infestation upon said domestic animals or cattle, without first obtaining permission of the board, shall be liable in damages, in addition to the penal provisions of this chapter, to the state livestock sanitary board for the expense incurred by said board by reason thereof, or to any owner of domestic animals or cattle who might be injured thereby; provided, however, that the board may issue written permission for the movement or transportation of such animals or cattle. Hlstory.- 9, ch. 7345, 1917 ; RGS 2109; CGL 3338; 5, ch , 1935; CGL 1936 Supp. 3323(5); a m. 9, ch , Am. 5, ch , 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

37 2037 STATE LIVE STOCK SANITARY BOARD employees, or shall remove or attempt to remove such animal or live stock from the reach, care or control of the board, its agents and employees. Hlstory.- 8, ch. 7345, 1917 ; RGS 2108; CGL ct.- Cross r efer ences under Practitioners of veterinary medicine and owners of domestic animals or cattle to report communicable diseases, infection by or infestation of domestic animals or cattle with the cattle fever tick.-all practitioners of veterinary medicine, and the owner of any domestic animal or cattle afflicted with or suff ering from any contagious, infectious, or communicable disease, or who know of the infection of any domestic animal or cattle or the infestation thereof with the cattle fever tick, immediately upon gaining 'such information of the existence of any such disease in or among such domestic animals or cattle, or the infection of any such domestic animal or cattle or infestation thereof with the cattle fever tick, shall report the same to the board. All such reports shall be in writing and shall describe the diseased domestic animal or cattle or the domestic animal or cattle infected by or infested with the cattle fever tick, and shall give the name and address of the owner or person in charge thereof and the place where the same are kept. Jlistory.- 7, ch. 7345, 1917; RGS 2107; CGL Am. 6, ch Injection of germs into animals. N o 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. History.- 9, ch. 1727;3, 1935; CGL 1936 Supp. 3323(9) 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. Hlstory.- 8, ch , 1935; CGL 1936 Supp. 3323(8) 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 l~es 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. Hlstory.- 5, ch. 7345, 1917; RGS 2105; 6, ch. 9201, 1923; CGL Owners of live stock and premises under quarantine to comply with rules and regulations.-ail owners, custodians or persons in charge of quarantined domestic animals and all owners, tenants, custodians or persons in charge, or in possession of any lot, yard, pasture, field, stall, enclosure, barn or building, which has been quarantined, shall comply with all rules and regulations prescribed by the board within a reasonable time, and clean and disinfect such animals or premises, and shall destroy carriers, or cause, or means of communicating any contagious, infectious or communicable diseases affecting such animals or infecting such premises. Ilistory.- 21, ch. 7345, 1917; RGS 2119; CGL cf , Violation of qua rantine regulations Cattle fever tick eradication; quarantine.-whenever the board decides to place any area under quarantine for the purpose of cattle fever tick eradication, public notice thereof shall be given by publishing said notice once each week, in at least one newspaper of general circulation to be selected by the board in each county within said quarantine area, for two successive weeks (two publications being sufficient), before work is to commence, and by posting copies of said notice at the door of the courthouse in each county, at least eight days before the commencement of the work. The time within which any right of appeal, as hereinafter provided, from any order of the board placing any area under quarantine for the purpose of cattle fever tick eradication, shall begin to run, shall be from date of issuance of sa id order and not the date of publication of said notice. Upon any such area being freed of the cattle fever tick, the board shall enter its findings of such facts upon its minutes. Jlistory.- 8, ch. 9201, 1923; CGL 3324; am. 10, ch , Am. 7, c h , cf , Violation of quarantine regulations Cattle fever tick eradication, vats, corrals, buffer fences, acquisition of lands and equipment and dipping schedules.-whenever the board shall have placed any area under cattle fever tick quarantine: (1) The board shall construct, or cause to be constructed, or procure all necessary vats, corrals, pens and equipment, and shall be authorized and empowered to purchase or lease, upon such terms and conditions as approved by it, such lands, facilities and equipment as may be necessary to effectively and systematically prevent, suppress and control the spread of the cattle fever tick. The board is hereby authorized and empowered to construct or erect buffer or quarantine fences when deemed advisable by said board. (2) The board, by resolution, shall fix the date when systematic dipping of cattle or other

38 STATE LIVE STOCK SANITARY BOARD 2038 domestic animals, which shall include horses and mules, in the quarantined area or any portion thereof, shall begin, and the said resolution shall contain a schedule showing each dipping vat by name or number and the date on which the first systematic dipping of domestic animals or cattle, which shall include horses and mules, is to be held at each such vat, and the date of each subsequent dipping. Notice of adoption of such resolution and schedule shall be given by publishing said notice in some newspaper published in or near said area, once each week, for two successive weeks (two publications being sufficient), and by posting a copy of said notice eight days before dipping shall begin, at the courthouse door in the county or as near as may be convenient to each and every dipping vat to be used. Each owner of domestic animals or cattle, which shall include horses and mules, then or thereafter being within said area, shall dip such domestic animals or cattle, which shall include horses and mules, at the. dipping vat described in the resolution and schedule as shall be most convenient upon the dates specified for diypin~, respectively, and to dip all such domestic ammals or cattle, which shall include horses and mules, every fourteen days from and a~ter the date of the first dipping, unless otherwise permitted by said board, until such time as the board shall discontinue dipping in such area or be relieved of such dipping by permission of the board. History.- 11, ch. 9201, 1923; CGL 3327; am. 11, ch , Am. 8, ch , 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 incurred by him in complying with the requirements of the board in removing such cattle from such area as hereinbefore provided. Hlstory.- 11, 13, ch. 9201, 1923; CGL 3327, Fever tick eradication, reimbursement of costs, etc.-when the owner of any cattle or other domestic animals, which shall include horses and mules, has been or shall be required by the board to disinfect such cattle or other domestic animals, which shall include horses and mules, by dipping same or having the same inspected, the owner shall be reimbursed ten cents per head for expense incurred in collecting, driving and dipping, or having the same inspected, such cattle or other domestic animals, which shall include horses and mules, in compliance with such requirement, shall be paid by the board to such owner. History.- 11, ch. 9201, 1923; CGL 3327; a m. 12, ch , Fever tick eradication; arbitration of costs, etc.-in the event the owner fails or refuses to dip his cattle or other domestic animals, which shall include horses and mules, or to have them inspected, the board may, at its option, collect, drive, dip, and inspect such cattle or other 'domestic animals, which shall include horses and mules and one-half of the expense so incurred by the board shall become a charge against the owner and if not paid within thirty days, the board shall have a lien upon said cattle or other domestic animals, which shall include horses and mules, to secure said charge against the owner. History.- 11, ch. 9201, 1923; CGL 3327; 22858, 1945; am. 13, ch , am. 7, ch Repealed.- History.- 14, ch. 9201, 1923; CGL 3330; repealed by 14, ch , Fever tick eradication; procedure where owner fails o.r refuses to dip.- ( I) Any cattle, within any tick eradication area, which are not dipped in accordance with the rules and regulations of the board and under its supervision, shall be, by said board, taken into custody, dipped and retained in its custody, at some place to be selected by said board, until redeemed or sold as hereinafter provided. (2) The board and its agents and employees may enter into any range, premises, pen, pasture, barn or inclosure or place where cattle may be found and take into custody, remove, dip and pen any cattle which have not been dipped in accordance with the requirements of this chapter and the rules and regulations of the board, and all expenses so incurred by the board, including expenses for penning, feeding and dipping, shall be a lien upon said cattle. If said expenses be not forthwith paid and the cattle redeemed by the owner, the board shall notify the sheriff of the county wherein said cattle are held, by written notice thereof, stating the time and place said cattle were taken into custody, the number thereof and any marks and brands thereon, and the name of the owner if known. (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 tal{en 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 news-

39 2039 STATE LIVE STOCK SANITARY BOARD paper published in the county wherein said cattle are penned, if there be such newspaper, for two publications, the first of which shall be not less than ten days prior to the date of sale, and by publishing a copy of said notice, at least ten days prior to sale, at the court house door and at two dipping vats near where the cattle were taken into custody. A copy of said notice shall also be served upon the owner or one of them if more than one, or their agent, in the manner provided by law for service of summons, at least ten days before sale, if such owner or his agent, together with his address, be known to the sheriff and he resides or can be found within the state. (4) If such cattle shall not be redeemed before the sale thereof by payment of all costs and expenses incurred by the board in taking into custody, feeding, penning and dipping of such cattle, and all sheriff's costs, then such sheriff shall offer for sale and shall sell and deliver to the highest bidder for cash all such cattle and shall deduct from the proceeds thereof all sheriff's costs, and shall pay to the board all costs and expenses incurred in taking into custody, penning, feeding and dipping such cattle, and forthwith pay into the fine and forfeiture fund of such county the balance of such proceeds; and such sale and delivery shall vest in the purchaser an absolute title and right of possession of such cattle, superior to all other title, liens and claims, except any lien for unpaid taxes on such cattle. (5) If the former owner shall, within twelve months from and after the date of such sale, file with and establish to the satisfaction of the county commissioners of such county his claim to the net proceeds arising from said sale, the county commissioners shall deliver to such claimant the amount of such net balance. ( 6) The term "Sheriff's costs," as used in this section, shall be taken and held to mean such costs as sheriffs are allowed by law for similar services, and the term "expenses of keeping and feeding" shall be taken and held to mean the actual, reasonable and necessary expenses for such keeping and feeding incurred, to be shown by a sworn, itemized statement thereof filed with the clerk of the circuit court. History.- 12, ch. 9201, 1923; CGL Unconstitutional.- History.- 15, ch. 9201, 1923; 1, ch , 1933; CGL 3331; abolished by 2, Article IX, Florida constitution, as amended November 5, 1940, which abolished all ad valorem taxes for state purposes Purchase and distribution of antihog cholera serum and hog cholera virus.- (1) The state live stock sanitary board is hereby authorized and required to purchase antihog cholera serum and hog cholera virus in such units as deemed advisable by said board, at the lowest and best bid or bids, from one or more reliable manufacturers, producing a high-quality product. (2) Except as provided in subsection (4), the board shall distribute through employees of said board, licensed veterinarians and recognized and approved agents of the state and federal governments, anti-hog cholera serum and hog cholera virus without cost thereof to any bona fide farmer who is an owner of swine in Florida, making application therefor upon blanks to be furnished by said board and approved by the administrator of said serum and virus. (3) Whenever said serum and virus are distributed without cost as provided in subsection (2), the administrator thereof shall identify each and every hog to which said serum and/or virus are so administered, by means of a permanent ear identification without cost to the owner. The board shall designate a permanent ear identification to be used in all cases for this purpose. It shall be unlawful for any person to administer said free serum and/or virus to any hog bearing said identification or to any hog known to said administrator to have been so identified. Provided, however, that any owner of swine in Florida, who is unwilling to submit said swine to ear identification as provided in this subsection, and who is otherwise entitled to free distribution of said serum and virus as provided in subsection (2) shall be entitled to receive said serum and virus in the manner provided in subsection ( 4). ( 4) The board shall distribute said serum and virus at a price equal to the cost thereof to said board, to owners of hogs in Florida for use on commercial and/or commercial garbage fed herds of hogs in Florida and all other owners of hogs in Florida who are not entitled to free distribution of said serum and virus under subsection (2); provided, however, that whenever said serum and/or virus are distributed as provided in this subsection, said serum and/or virus shall be applied for and distributed in the manner otherwise provided in subsection (2). (5) All moneys accruing from the sale of anti-hog cholera serum and hog cholera virus, as provided in this section, shall be deposited in the state treasury to the credit of the state live stock sanitary board in a fund to be known as the serum fund, which fund shall be used as a revolving fund for the further purchase and distribution of anti-hog cholera serum and hog cholera virus as provided in this section. (6) For the purchase and distribution of antihog cholera serum and hog cholera virus the sum of two hundred 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. History.- 1-5, ch. 7919, 1917; 1, ch. 8499, 1919; 1-6, ch. 9329, 1923; 1-6, ch , 1925; 1-6, ch , 1927; 1, 2, ch , 1929; 1-6. ch , 1931; 1-4, ch , 1933; 1-4, ch , 1935; CGL 1936 Supp. 3346, 3348, 3348(8), (14), 7742(1), (2); 1-4, ch , 1937; 1-3, ch , 1939; 1-3, ch , 1941; am. 1, ch , 1943; consolidated with this section by 1, ch , Distribution of anti-hog cholera serum and hog cholera virus to farmers.- (!) Except as otherwise provided by law, the state live stock sanitary board shall distribute through employees of said board, licensed veteri-

40 STATE LIVE STOCK SANITARY BOARD 2040 narians, recognized and approved agents of the state and federal governments, and within the boundaries of any county not adequately provided with the foregoing distributors, one or more persons selected by the board of county commissioners of such county and certified to the state live stock sanitary board, anti-hog cholera serum and hog cholera virus without cost thereof to any bona fide farmer who is an owner of swine in Florida making application therefor upon blanks to be furnished by said board and approved by the administration of said serum and virus. (2) Before any person, selected by a board of county commissioners as provided in subsection (1), shall distribute anti-hog cholera serum and hog cholera virus, such person shall be required to give a good and sufficient bond in the penal sum of one thousand dollars, with some surety company authorized to do business in the State of Florida, as surety, payable to the state live stock sanitary board, and conditioned upon the due and faithful performance of his duties as distributor of anti-hog cholera serum and hog cholera virus, said bond to be approved by the clerk of the court in said county in which application is made. Hlstory.- 1, 2, ch , 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. Hlstory.- 1-3, 5, ch , 1931; CGL 1936 Supp (1)- (3) ' (5) Inspection and transportation of meats in Florida.- (1) Any person engaged in the slaughter of meat-producing animals within the State of Florida may make application to the board for a permit to transport and sell their products at any place within the limits of the State of Florida. (2) The board, on receipt of such application described above, shall cause to be made a thorough investigation of the sanitary conditions existing in such establishment, the efficiency of the inspection provided and the manner in which the food products of such establishment are slaughtered and prepared. If such establishment is found to be operating in accordance with the regulations of the board, a numbered permit shall be issued to the person making application for same. (3) Municipal corporations may establish and maintain the inspection of slaughter houses, abattoirs, meat-packing plants, meat and meat food products, at establishments located within their corporate limits, and elsewhere within the counties in which such municipal corporations are located and within all other counties immediately adjoining the counties in which said municipalities are located respectively, for the purpose of ascertaining whether or not meats and meat food products intended for distribution in said municipalities are fit for human consumption. No person shall be employed as such inspector unless qualified by education and experience and is a permanent resident of the State of Florida. ( 4) The officials of all municipalities maintaining such inspections may, in such municipalities and counties, fix and collect fees for such inspection of such establishments and any and all meat animals and meat food products so inspected, which may be necessary to the maintenance of such inspection service, but no further inspection charge shall be made within the state. (5) No permit shall be issued to any establishment except where the meat inspection is conducted under the supervision of the board or its duly designated representatives. (6) The numbered permit shall be the establishment's official state number, and such number may be used to identify all passed meats and meat food products prepared in such establishment. Such permit may be revoked by the board at any time when the establishment issued such permit violates any of the regulations prescribed for efficient inspection and sanitation. (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 sect.ion. Hlstory.- 1-8, ch , 1935; CGL 1936 Supp. 3348(15) (22); am. 1, 2, ch , 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

41 2041 STATE LIVE STOCK SANITARY BOARD 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. Hlstory.- 16, ch. 7345, 1917; RGS 2116; CGL 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 enw forcing or carrying out the terms of this chapter and the rules of said board and preventing violations thereof, and any person or officer charged with any duty under this chapter may be compelled to perform the same by mandamus, injunction or other extraordinary remedy upon the application and in the name of the said board. Hlstory.- 13, ch. 7345, 1917; RGS 2113; CGL Courts have power to enforce provisions by mandamus or injunction.-the circuit courts of this state shall have the power to enforce any of the provisions of this chapter, and any rule or regulation of the board pursuant thereto by mandamus, or temporary or permanent injunction, either or both, upon the application of said board, against any person who shall violate any provision of this chapter or any such rule or regulation. Hlstory.- 20, ch. 7345, 1917; RGS 2118; CGL 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. History.- 21, ch. 7345, 1917; RGS 5555; CGL cf , Alternative punishment 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. Hlstory.- 16, ch. 7345, 1917; RGS 5552; 4, ch. 8508, 1921; CGL cf , Alternative punishment Violation of quarantine regulations. --VVhenever the board places any area under quarantine, it shall be unlawful for any person, while such quarantine exists, to take, drive, or transport any cattle, hogs or other domestic animals, either out of or into such quarantined locality without permission of the board; any person, violating any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not exceeding five hundred dollars or by imprisonment of not exceeding six months. History.- 17, ch. 7345, 1917; RGS 5553; 5, ch. 8508, 1921 CGL ' 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. History.- 19, ch. 7345, 1917; RGS 5554; 6, ch CGL 7740; 10, ch , 1935; CGL 1936 Supp. 7742(4). ' cf , Alternative punishment Killing young veal for sale; penalty. -VVhoever kills or causes to be killed for the purpose of sale, any calf less than four weeks old, and knowingly sells, or has in his poasession with intent to sell, the meat of any calf kill~d when less than four weeks old, shall be pumshed by fine of not exceeding two hundred dollars. Hlstory.-Sub. 9, 2, ch. 1637, 1868;RS 2661; GS 3590; RGS 5519; CGL 76~ Consolidated.- History.- 1, 2, ch , 1941; am. 1-2A, ch , 1943; consolidated with by 1, ch , Purchase, distribution and administration of brucellosis (Bang's disease) vac cine.- (1) The board is hereby authorized and requir~d t.o purchas~ brucellosis (Bang's disease) vaccme m such umts as deemed advisable by said board, at the lowest and best bid or bids from one or more reliable manufacturers produ~ing a high quality product. (2) The board shall distribute through employees of said board, licensed veterinarians and recognized and approved agents of the state and fede:al go':'ernments, brucellosis (Bang's disease) vaccme without cost thereof to any owner of cattle in Florida making application therefor upon blanks to be fu~n!shed by said. board and approved by the admimstrator of said vaccine. (3) VVhenever said vaccine is distributed as provided in subsection (2), the administrator thereof shall identify each and every animal to which said vaccine is so administered by means of a permanent identification. The board ~hall. desi 'nate one or more proper means of IdentificatiOn to be used for this purpose. It shall be unlawful for any person to administer said vaccine to any animal bearing such identification or to any animal known to said administrator to have been so identified. ( 4) For the purchase and distribution of brucellosis (Bang's disease) vaccine the sum of

42 STATE LIVE STOCK SANITARY BOARD 2042 fifty thousand dollars is hereby appropriated annually out of any funds in the state treasury. History.- 2, ch , Right of appeal-any owner or custodian of any cattle or other domestic animals, which shall include horses and mules, which the state livestock sanitary board has required to be dipped or inspected, shall have the right to appeal from the order so made by said board within a period of ten days from the date of said order to the circuit court of the county in which the office of the supervisor of tick eradication is located. The appeal may be made by filing in the circuit court a petition setting forth the order made by said board and requesting the court to take jurisdiction of the matter and to rule upon the validity of the order made by said board. And in the event of the filing of such petition it shall be the duty of the judge of the aforesaid circuit court, within ten days after the filing of said petition, to consider the validity of Raid order or orders, requiring such dipping, or inspection, and the judge of said court is authorized to hear any evidence that may be produced that he thinks might pertain to or be helpful in deciding the case, and to render his ruling upon said petition within ten days after the same is filed. If the order of said board is overruled and set aside by the judge of said court, costs of such proceeding shall be paid by the state livestock sanitary board. If the order is affirmed, the cost shall be paid by the person filing the petition. In disposing of said cases the court shall have the power and authority to issue subpoenas to any witness the court may deem necessary or that may be applied for by respective parties to said cause. History.- 15, ch , Expired.- History.- 16, ch , E x pired Failure of veterinarians or the owners of domestic animals or cattle afflicted or suffering with contagious, infectious or communicable diseases, or infected by or infested with the cattle fever tick, to report the same. Any practitioner of veterinary medicine in the State of Florida, or the owner of any domestic animal or cattle afflicted with or suffering from any contagious, infectious or communicable disease or infected by or infested with the cattle fever tick, who, upon gaining such information of the existence of any such disease or the infection by or infestation with the. cattle fever tick, in, of or among such domestic animals or cattle, wilfully fails to report the same to the board in writing, as required under the provisions of , Florida Statutes, shall be guilty of a felony and upon conviction shall be punished by imprisonment in the state prison for a term not exceeding ten years, or by a fine not exceeding five thousand dollars. Hlstory.-Comp. 9, ch , 1949.

43 2043 LEGAL FENCES AND LIVESTOCK AT LARGE Requirements of general fence Legal fence; requirements Prohibition of stakes, etc Right to land not in issue Legally enclosed land; fenced and posted Posted notices; requirement Owner to maintain fences and notices Livestock at large; legislative findings Same; definitions Same; duty of owner Same; liability of owner Same; authority to impound livestock running at large or strays Sam!'); disposition of impounded livestock. CHAPTER 588 LEGAL FENCES AND LIVESTOCK AT LARGE Same; fees Same; failure to secure purchaser or insufficient funds to defray certain costs Same; report of sale and disposition of proceeds Same; duty of commissioners to provide places for impounding of livestock and transportation of same Same; duty of impounder Same; right of owner Same; penalty Same; application; limitation Effective date 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 bot~ tom of the ditch to the top of the fence. Hlstory.- 875, RS 1892; 1, ch. 5038, 1901; GS 1233; RGS 2364; CGL Legal fence; requirements.- (!) Any fence or enclosure at least three feet in height made of barbed or other wire consisting of not less than three strands of wire stretched securely on posts, trees, or other sup~ ports, standing not more than twenty feet apart, shall be considered as a legal fence. (2) Any fence or enclosure made of any other material which meets substantially the minimum requirements or specifications mentioned in subsection (1) hereof, shall be considered as a legal fence. (3) Legal fences may include gateways or openings therein provided, (a) that any such gateways shall be equipped with gates which are so constructed as to meet the minimum requirements or specifications of a legal fence, or, (b) that any such opening shall be equipped with a cattle or livestockguard at least six feet in width extending to each end of the opening. (4) The requirements of , Florida Statutes, shall constitute and be a legal fence to prevent the intrusion of swine where the running at large of swine is not prohibited by law. Hlstory.-Comp. 1-3, 8, ch , Repealed.- Htstory.- 2, ch. 5038, 1901; GS 1235; RGS 2366; CGL Repealed.- History.- 2, ch. 3619, 1885; RS 876; GS 1234; RGS 2365; CGL Repealed by 9, ch , Repealed.- Htstory.- 1, ch. 4761, 1899; GS 1236; RGS 2367; CGL Repealed by 9, ch , Repealed.- History.- 2, ch. 4761, 1899; GS 1237; RGS 2368; CGL 3777; a m. 7, ch , Repealed.- :n~~: tory.- 1, ch. 4937, 1901; GS 1238; RGS 2369; CGL Repealed by 9, ch , 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. cj~ ~~~t- 3, June 11, 1823; RS 878; GS 1239; RGS 2370; 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. cjll"~fsb:- 5, June 11, 1823; RS 879; GS 1240; RGS 2371; Legally enclosed land; fenced and posted.- (1) Land shall be legally enclosed land, or posted land, when enclosed by a legal fence, and when there shall be placed along the boundary of said land in the manner herein provided posted notices to the public; provided that it shall not be necessary to erect any fence along any portion of the boundaries of the land formed by any ocean, gulf, bay, river, creek, or lake. (2) The fences, enclosures and the posted notices, when erected, placed and maintained as herein required shall be notice to the public that the land enclosed thereby is private property upon which unauthorized entry for any purpose is prohibited and shall constitute a warning to unauthorized persons to remain off of or to depart from said land. History.-Comp. 4, 6, ch , Posted notices; requirement.-posted notices to the public as required by

44 LEGAL FENCES AND LIVESTOCK AT LARGE 2044 shall be signs upon which there shall appear prominently, in letters of not less than two inches in height, the word "posted," and in :addition thereto there shall appear the name -of the owner, lessee, or occupant of said land. Said posted notices shall be placed along, on, ~r close within the boundaries of any legally enclosed or posted land in a manner and in such position as to be clearly notice~ble f:om the outside of the enclosure, and sa1d notices shall be placed not farther than five hundred feet apart along, and at each corner, of the boundaries of the land, and also at each gateway or opening of the fence enclosing the same. Said notices shall be placed along all boundaries formed by the waters mentioned herein on trees or posts close to the banks of said waters in position so as they may be noticeable to persons approaching the boundary formed by said waters. History.-Comp. 5, cb , Owner to maintain fences and notices.-the owner of legally enclosed land shall maintain in reasonable good condition the fence or enclosure around such land and shall maintain in legible condition any and all posted notices as required by , , but a substantial or reasonably effective compliance with the provisions of , , , disregarding minor or inconsequential differences in the size, shape or condition thereof, shall be sufficient for the purpose of evidencing the legal enclosure of said land. History.-Comp. 7, cb , Livestock at large; legislative findings.-there is hereby found and declared a necessity for a statewide livestock law embracing all public roads of the State of Florida and necessity that its application be uniform throughout the state, except as hereinafter provided. History.-Comp. 1, ch , Same; definitions.- In construing the following words, phrases or terms shall be held to mean : (1) "Livestock" shall include all animals of the equine, bovine or swine class, including goats, sheep, mules, horses, hogs, cattle and other grazing animals. (2) "Owner" shall include any person, association, firm or corporation, natural or artificial, owning or having custody of or in charge of livestock. (3) "Running at large" or "straying" shall mean any livestock found or being on any public roads of this state and not under manual control of a person. ( 4) "Public roads" as used herein S'hall mean those highways within the state which are, or may be, maintained by the state road department, including the full width of the right of way. History.-Comp. 2, ch , Same; duty of owner.-no owner shall permit livestock to run at large on or stray upon the public roads of this state. History.-Comp. 3, ch , Same; liability of owner.-every owner of livestock who intentionally, wilfully, carelessly or negligently suffers or permits such livestock to run at large upon or stray upon the public roads of this state shall be liable in damages for all injury and property damage sustained by any person by reason thereof. History.-Comp. 4, ch , Same; authority to impound livestock running at large or strays..:.it shall be the duty of the sheriff or his deputies or any other law enforcement officer of the county or state highway patrolmen, where livestock is found to be running at large or straying, to take up, confine, hold and impound any such livestock, to be disposed of as hereinafter provided. Hlstory.-Comp. 5, ch , Same; disposition of impounded live stock.- (1) Upon the impounding of any livestock by the sheriff or his deputies or any other law enforcement officers of the county or state highway patrolmen, the sheriff shall forthwith serve written notice upon the owner, advising such owner of the location or place where the livestock is being held and impounded, the amount due by reason of such impounding, and that unless such livestock be redeemed within three days from date thereof that the same shall be offered for sale. (2) In the event the owner of such livestock is unknown or cannot be found, service upon the owner shall be obtained by once publishing a notice in a newspaper of general circulation where the livestock is impounded (Sundays and holidays excluded). If there be no such newspaper then by posting of the notice at the court house door and at two other conspicuous places within said county. Such notice shall be in substantially the following form: "To Whom It May Concern: You are hereby notified that the following described livestock (giving full and accurate description of same, including marks and brands) is now impounded at (giving location where livestock is impounded) and the amount due by reason of such impounding is dollars. The above described livestock will, unless redeemed within three days from date hereof, be offered for sale at public auction to the highest and best bidder for cash. Date Sheriff of County, Florida (3) Unless the impounded livestock is redeemed within three days from date of notice, the sheriff shall forthwith give notice of sale thereof which shall be held not less than five days nor more than ten days (excluding Sundays and holidays) from the first publication of the notice of sale. Said notice of sale shall be published in a newspaper of general circulation in the said county (excluding Sundays and holidays) and by posting a copy of such notice at the court house door. If there be no such newspaper then by posting such copy at

45 2045 LEGAL FENCES AND LIVESTOCK AT LARGE the court house door and at two other conspicuous places in said county:. Such notice of sale shall be m substantially the following form: (N arne of owner, if known, otherwise 'To Whom It May Concern') you are hereby notified that I will offer for sale and sell at public sale to the highest and best bidder for cash the following described livestock (giving full and accurate description of each head of livestock) at... o'clock,... M. (the hour Of sale to be between 11 o'clock A.M. and 2 o'clock P. M. Eastern Standard Time) on the... day of... at the following place... (which place shall be where the livestock is impounded or at the place provided by the county commissioners for the taking up and keeping of such livestock) to satisfy a claim in the sum of... for fees, (lxpenses for feeding and care and costs hereof. Date Hlstory.-Comp. 6, cb , Same; fees.-the fees allowed for impounding, serving notice, care and feedin~, advertising, and disposing of impounded ammals, shall be as follows: (1) For impounding each animal, the sum of two and one-half dollars and mileage as provided by law for the arrest and commitment of prisoners. (2) For serving any notice and making return thereon, the sum of one and one-half dollars and mileage provided by law for executing writs in actions at law and making return upon the same. (3) For feed and care of impounded animals the sum of fifty cents per day per animal. ( 4) For advertising or posting notices of sale of impounded animals, the same as provided by law for advertising property for sale under process. (5) For sale or other dispositions of impounded animals, the sum of one dollar. (6) For report of sale of impounded animals the sum of fifty cents. History.-Comp. 7, cb , Same; failure to secure purchaser or insufficient funds to defray certain costs.-if there be no bidder for such livestock at the sale aforesaid, the sheriff shall kill or cause the same to be killed and shall dispose of the carcass thereof and if there be any money received by him on account of the said disposal, the same shall be disbursed in the manner hereinafter provided, and if there be no ready sale for said carcass the sheriff shall forthwith deliver the carcass to a public institution of the county, state or municipality within said county, or to any private charitable institution, in the order herein set forth, according to their needs. History.-Comp. 8, cb , Same; report of sale and disposition of proceeds.- (1) The sheriff, upon making a sale or other disposal as herein provided, shall forthwith make a written return thereof to the clerk of the circuit court of such county, with a full and accurate description of the livestock sold or disposed of by him, to whom, and the sale price thereof, which report shall be filed by said clerk. (2) At the time of making his return the sheriff shall pay over to the clerk of the circuit court the entire proceeds of the sale. (3) The clerk of the circuit court shall pay all costs and fees as allowed in if there be any balance remaining, such balance shall be paid to the owner of such livestock, provided the owner shall make satisfactory proof of ownership to the board of county commissioners within ninety days from the date the sheriff reports the sale. If proof of ownership, as aforesaid, be not made within the time mentioned, the clerk shall pay such proceeds into the fine and forfeiture fund of said county. The clerk shall keep a permanent record of all sales, disbursements, and distributions made under (4) If the amount realized from the sale or other disposition of the animal is insufficient to pay all fees, costs and expenses as provided in , the deficit shall be paid by the county from its fine and forfeiture fund. Hlstory.-Comp. 9, cb , Same; duty of commissioners to provide places for impounding of livestock and transportation of same.-the county commissioners of the several counties of Florida shall establish and maintain pounds or suitable places for the keeping of any livestock taken up and impounded hereunder until the same shall be sold, redeemed or otherwise disposed of. In any case such county commissioners shall provide truck transportation for the impounded animals. Hlstory.-Comp. 10, cb , Same; duty of impounder.-the sheriff shall provide feed for the impounded animals and see that such livestock shall have feed and water not less than twice a day and that all milk cows and milk goats are milked twice a day. The sheriff shall employ poundmasters, guards or other persons as may be necessary to protect, feed, care for and have custody of the impounded animals and the sheriff shall be entitled to the fees herein allowed for such feed and care. History.-Comp. 11, cb , Same; right of owner.-the owner of any impounded livestock shall have the right at any time before sale thereof to redeem the same by paying to the sheriff all impounding expenses, including fees, keeping charges, advertising or other costs incurred therewith which sum shall be deposited by the sheriff with the clerk of the circuit court who shall pay all fees and costs as allowed in In the event there is a dispute as to the amount of such costs and expenses, the owner may give bond with sufficient sureties to be approved by the sheriff, in an amount to be de-

46 LEGAL FENCES AND LIVESTOCK AT LARGE 2046 termined by the sheriff, but not exceeding the fair cash value of such livestock, conditioned to pay such costs and damages; thereafter, within ten days, the owner shall institute suit in equity to have the damage adjudicated by a court of equity or referred to a jury if requested by either party to such suit. Hlstory.-Comp. 12, ch , Same; penalty.-any owner of livestock who unlawfully, intentionally, knowingly or negligently permits the same to run at large or stray upon the public roads of this state or any person who shall release livestock, after being impounded, without authority of the impounder, shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by fine not exceeding five hundred dollars, or by both such fine and imprisonment. Hlstory.-Comp. 13, ch , Same; application; limitation.-the provisions of shall not apply to counties having special laws or general laws of local application requiring the confinement and restraint of livestock; provided, however, where the provisions of such special laws or general laws of local application do not prohibit livestock from running upon or straying upon the public highways, or the provisions of such special laws or general laws of local application do not provide for liability of owners of livestock for damages and injuries caused by such livestock, or provide less severe penalties than imposed by , the provisions of this act shall apply in each such case as if the provisions hereof were inserted in full in any such special law or general law of local application. Provided, further, that if any such special law or general law of local application is found unconstitutional or in any way inoperative, then this act shall be in full force and effect in the county, or counties, affected. History.-Comp. 14, ch Effective date. -Sections shall t-ake effect July 1, Hlstory.-Comp. 17, ch , 1949.

47 2047. FLORIDA BOARD OF FORESTRY Florida board of forestry Florida board of forestry Headquarters and meetings of board Compensation and allowances Duties of board State forester, employees, clerks, etc Warrants for payment of accow1ts, 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 Board to make certain investigations Florida board of forestry.-the Florida board of forestry hereinafter called the board, shall be composed of five members, to be appointed by the governor for terms of four years each, dating from the termination of the now existing terms. Before entering upon the discharge of their duties as members of said board each member shall subscribe to the oath of office as required by the constitution and shall also be required to give a good and sufficient bond, in the penal sum of ten thousand dollars with some surety company authorized to do business in Florida as surety, payable to the governor and his successors in office and conditioned upon the due and faithful performance of his duties as a member of said board. Hlstory.- 1, ch , 1927; CGL 4161(1); 1, ch , cf.-ch. 690, Forest protection. Ch. 691, Forest development. CHAPTER 589 FLORIDA BOARD. OF FORESTRY Florida board of forestry.- (!) The name of the governmental agency now designated as "Florida board of forestry and parks" is changed, and henceforth shall be known and officially designated as "Florida board of forestry." (2) The present members of "Florida board of forestry and parks" hereafter to be known and designated as "Florida board of forestry" shall have and are invested with all rights, powers, duties, privileges and authority heretofore vested in "Florida board of forestry and parks" in so far as they pertain, or are applicable, to the development, production, harvesting and protection of forest lands and forest products, and the said board is charged with the duty and responsibility, under the name of "Florida board of forestry" of carrying out, performing and discharging, all duties and obligations, contractual or otherwise heretofore assumed by or imposed upon "Florida board of forestry and parks." 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; qu alifications 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 agreement. Additional appropriation; forest conservation work. (3) All funds, credits, property of every nature, real, personal or mixed, which may be owned or be now vested in "Florida board of forestry and parks" acquired, held, appropriated or by any means secured for the purpose of development, production, protection and harvesting of forest lands and forest products is by this section transferred to and vested in "Florida board of forestry" with full power to own, possess, control and administer the same as though acquired in its name. ( 4) The Florida board of forestry is a body corporate and shall adopt and have a corporate seal; shall act in its corporate name by its president, vice-president or secretary; sue and be sued in all courts of law and equity, provided no suit sounding in tort shall be maintained against the said corporation, and exercise all powers of a body corporate in all transactions and for all lawful purposes. History,-Comp. 1-4, ch 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. Thl'l annual meeting of the board shall be held on the first Monday in October of each year. Special meetings may be called at any time by the president or upon the written request of a majority of the members. The said board shall annually select from its members a president, a vice-president and secretary, said election to be held at the annual meetings of the board. A majority of the members of said board shall constitute a quorum for said purposes. Hlstory.- 1, 2, ch , 1927; CGL 4151(1), (2) Compensation and allowances. Members of the board shall receive no compensation for the services which they may render

48 FLORIDA BOARD OF FORESTRY under the provisions of thir chapter; provided, however, that they shall be reimbursed for their actual reasonable expense necessarily incurred in attending meetings of the board and in the performance of duties as members of the board; provided further that the aggregate expense of all members of the board shall not, during any fiscal year, exceed the sum of twenty-five hundred dollars. History.- 3, ch , 1927; CGL 4151(3); am. 1, ch , 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. History.- 4, ch , 1927; CGL 4151(4) State forester, employees, clerks, etc.- The board shall employ a state forester, who shall have been technically trained in the profession of forestry, and, in addition, shall have had at least two years' experience in practical and administrative work of that profession, the exact extent and character of which shall be certified by the secretary of the United States department of agriculture, or state administrative officer having personal knowledge thereof, whose salary not to exceed seven thousand five hundred dollars a year shall be fixed by the board, and, together with expenses when traveling, shall be paid from funds to the credit of the board, and whose duties shall be to take such action as is authorized by law and by the board to prevent and extinguish forest fires, and enforce all laws pertaining to forests and woodlands, and to cause prosecution for any violation of said laws, and have charge and full authority of law with the immediate direction and control of all matters relating to forestry as authorized by this chapter, or as may be otherwise authorized by law, subject to the supervision and approval of the board, and said board shall employ such assistants, agents, clerks and employees on such terms and conditions as said board shall deem advisable. Hlstory.- 5, ch , 1927; CGL 4151(5); 1, ch , 1931; am. 1, ch , Am. 1, ch , Warrants for payment of accounts, expenses, etc.-upon the presentation to the comptroller of any accounts duly approved by the board, accompanied by such itemized vouchers or accounts as shall be required by him, the comptroller shall audit the same and draw a warrant on the state treasurer for the amount for which the account is audited, payable out of funds to the credit of the board. Hlstory.- 7, ch , 1927; CGL 4151(7) Board may acquire lands for forest and park purposes.-the board, on behalf of the state and subject to the restrictions men tioned 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. History.- 1, ch , 1935; CGL 1936 Supp. 4151(10y), cf , Power of eminent domain 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 loc.ated in proportion to the acreage located in each county for use by the county or counties for school purposes. Hlstory.- 3, ch , 1935; CGL 1936 Supp. 4151(10aa). ct , Power of eminent domain 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 History.- 2, ch , 1935; CGL 1936 Supp. 4151(10z) 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

49 2049 FLORIDA BOARD OF FORESTRY 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. Hlstory.- 4, ch , 1935; CGL 1936 Supp. 4151(10bb) 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. Hlstory.- 7, ch , 1935; CGL 1936 Supp. 4151(10ee) 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 Hlstory.- 8, ch , 1935; CGL 1936 Supp. 4151(10ft) 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 l)aid by the landowner under the terms of said agreement. Hlstory.- 1, ch , 1935; CGL 1936 Supp. 4151(10t) 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. History.- 2, ch , 1935; CGL 1936 Supp. 4151(10u) 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. IJ!story.- 3, ch , 1935; CGL 1936 Supp. 4151(10v) Time for filing notice of Iien.-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 broug-ht within twelve months from the filing of said notice of lien. J{lstory.- 4, ch , 1935; CGL 1936 Supp. 4151(10w) Application of general laws.-the general laws of this state with reference to the acquisition and enforcement of statutory liens shall be applicable to the lien created by insofar as the same may be consistent with and pertinent hereto. J{iator;v.- 5. ch : CGL 1936 Supp. 4151(10x) 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. Illstory.- 1, ch , 1933; CGL 1936 Supp. 4151(10a), 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

50 FLORIDA BOARD OF FORESTRY formally designate and dedicate any area as a reforestation project, state forest, or state park, and where so designated and dedicated such area shall be under the administration of the board which shall be authorized to manage and administer said area according to the purpose for which it was designated and dedicated. History.- 2, ch, 16030, 1933; CGL 1936 Supp. 4161(10b) 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. History.- 3, ch , 1933; CGL 1936 Supp. 4151(10c) 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. History.- 4, ch , 1933; CGL 1936 Supp. 4161(10d) Rules and regulations for certain parks.-the board may adopt and enforce such rules and regulations as may be necessary for the protection, utilization, development, occupancy, and use of said forests, parks, and reforestation areas, consistent with existing laws and with the purpose, or purposes, for which said areas were acquired, designated, and dedicated, and when such rules and regulations shall have been adopted they shall have the. force and effect of law. History.- 5, ch , 1933; CGL 1936 Supp. 4151(10e) 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 2050 "Florida park service" shall perform such duties as are specified for him by said board. History.- 1-3, ch , 1935; CGL 1936 Supp. 1749(1) (3) ; 1, ch , 1941; am. 1, ch , 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 ~ay acquire, by gift, devise, or purchase from general funds, from individuals, corporations, the United States government or any of its departments or agencies, any lands, which are suitable for public parks or for the preservation of natural beauty or places of historic association, and operate the same as public parks. Said county commissioners may also convey any such lands so acquired to the trustees of the internal improvement fund or the board, provided such lands are acceptable by said trustees or board. llistory.- 4-6, ch , 1935; CGL 1936 Supp. 1749(4)- 1749(6) Fees for use of state parks.- ( 1) The "Florida board of forestry" shall have the power to charge reasonable fees, rentals or charges for the use or operation of facilities and concessions in state parks, and all such fees, rentals and charges so collected shall be deposited in the state treasury to the credit of "state park fund," which is hereby created, the continuing balance of which fund is hereby appropriated to be expended by said board for the administration, improvement and maintenance of state parks and for the acquisition and development of lands hereafter acquired for state park purposes. The appropriation of said fund shall be continuing, and shall not revert to the general revenue fund at the end of any fiscal year or at any other time but shall, until expended, be continually available to said board for the uses and purposes set forth. (2) Any moneys received in trust by the Florida board of forestry by gift, devise, appropriation or otherwise shall, subject to the terms of such trust, be deposited with the state treasurer in a fund to be known as the "Florida board of forestry trust fund," and shall be subject to withdrawal upon application of said board for expenditure or investment in accordance with the terms of said trust. Unless prohibited by the terms of the trust by which said moneys are derived, all of such moneys may be invested from time to time by said board in such securities as trust companies organized under the laws of this state are permitted to invest in. History.-!, 2, ch , 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. History.- 1, ch , 1941.