The 2023 Florida Statutes (including Special Session C)

Title XXXV
AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY

Chapter 601
FLORIDA CITRUS CODE

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F.S. 601.64

601.64 Citrus fruit dealers; unlawful acts.—It is unlawful in, or in connection with, any transaction relative to the purchase, handling, sale, and accounting of sales of citrus fruit:

(1) For any citrus fruit dealer to make or exact any fraudulent charge to or from any person;

(2) For any citrus fruit dealer to reject or fail to deliver in accordance with the terms of the contract without reasonable cause any citrus fruit bought, sold, or contracted to be bought or sold by such citrus fruit dealer;

(3) For any citrus fruit dealer to discard, dump, or destroy without reasonable cause any citrus fruit received by such citrus fruit dealer;

(4) For any citrus fruit dealer to make, for a fraudulent purpose, any false or misleading statement concerning the condition, quality, quantity, or disposition of, or the condition of the market for, any citrus fruit which is received by such citrus fruit dealer or bought or sold or contracted to be bought or sold by such citrus fruit dealer; or the purchase or sale of which is negotiated by such citrus fruit dealer; or to fail or refuse truly and correctly to account and make full payment promptly in respect of any such transaction in any such citrus fruit to the person with whom such transaction is had, or to fail or refuse on such account to make full payment of such amounts as may be due thereon, or to fail without reasonable cause to perform any specification or duty express or implied arising out of any undertaking in connection with any such transaction;

(5) For any citrus fruit dealer to knowingly buy, sell, receive, process, or handle stolen citrus fruit;

(6) For any citrus fruit dealer to violate, or aid or abet in the violation of, any law of Florida governing or applicable to citrus fruit dealers, including any of the provisions of this chapter not herein specifically set forth;

(7) For any citrus fruit dealer to violate or aid or abet in the violation of any rule adopted by the department.

History.—s. 64, ch. 25149, 1949; s. 10, ch. 26484, 1951; s. 1, ch. 65-82; s. 22, ch. 71-186; s. 2, ch. 81-318; ss. 1, 3, ch. 85-129; s. 4, ch. 91-429; s. 49, ch. 2012-182.

F.S. 601.64 on Google Scholar

F.S. 601.64 on Casetext

Amendments to 601.64

Arrestable Offenses / Crimes under Fla. Stat. 601.64

Level: Degree
Misdemeanor/Felony: First/Second/Third

S601.64 1 - FRAUD - CITRUS FRUIT DEALER MAKE FRAUDULENT CHARGE - M: F

S601.64 2 - FRAUD - FAIL TO DELIVER ON CONTRACT WO CAUSE - M: F

S601.64 3 - PUBLIC ORDER CRIMES - DISCARD DESTROY FRUIT WO CAUSE - M: F

S601.64 4 - FRAUD-FALSE STATEMENT - REGARDING CONDITION OF FRUIT - M: F

S601.64 5 - SALE OF STOLEN PROP - FRUIT - M: F

S601.64 5 - RECEIVE STOLEN PROP - BUY RECEIVE STOLEN FRUIT - M: F

S601.64 5 - STOLEN PROP - PROCESS HANDLE STOLEN FRUIT - M: F

S601.64 6 - PUBLIC ORDER CRIMES - VIOL RULES OR LAWS REGARDING CITRUS FRUIT - M: F

S601.64 7 - PUBLIC ORDER CRIMES - VIOL RULES REGS DEPT OF CITRUS - M: F

Annotations, Discussions, Cases:

Cases from cite.case.law:

L. ALLEN, v. BANK OF AMERICA, N. A., 933 F. Supp. 2d 716 (D. Md. 2013)

. . . First, when BANA boarded the loan, there appears to have been a partial payment held in suspense of $601.64 . . .

MARINO, v. CONTINENTAL CASUALTY CO., 308 F. Supp. 2d 906 (E.D. Wis. 2003)

. . . . § 601.64 provides that the Wisconsin insurance commissioner may commence actions in state court to . . .

NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY,, 978 F.3d 287 (7th Cir. 1992)

. . . . § 601.64(3)(c) and (4) set out penalties for transgressions against insurance statutes and rules; damages . . .

In RUSTY JONES, INC. INDIANA LUMBERMENS MUTUAL INSURANCE CO. v. RUSTY JONES, INC. R. J. D., 128 B.R. 1001 (Bankr. N.D. Ill. 1991)

. . . He opined in his letter opinion that such could be done under Section 601.64(1) for alleged violations . . . Section 601.64 is entitled “enforcement procedure” and provides that “the commissioner [of insurance] . . . restrain by temporary or permanent injunction ... any violation of chs. 600 to 655_” Wis.Ann.Stat. § 601.64 . . .

ALLEGHANY CORPORATION, v. D. HAASE,, 708 F. Supp. 1507 (W.D. Wis. 1989)

. . . . §§ 601.41(4), 601.64. . . .

W. ALDERMAN, d b a v. E. CONNER,, 205 So. 2d 25 (Fla. Dist. Ct. App. 1967)

. . . Agriculture held the petitioner Alderman guilty of violation of the Florida Citrus Code, Florida Statutes § 601.64 . . .

TOWNSEND FRUIT COMPANY, v. MAYO, E. B., 98 So. 2d 345 (Fla. Dist. Ct. App. 1957)

. . . These provisions were added to § 596.11(4), now § 601.64, Florida Statutes 1955, F.S.A., by Chapter 25149 . . . proceeded under the “broadened provisions” or “broadened authority” of the amendments added in 1949 to § 601.64 . . . Section 601.64, Florida Statutes, F.S.A., makes it unlawful in connection with any transaction relative . . . not the Commissioner had the authority under Section 64(4) of Chapter 25149, Acts of 1949 (Section 601.64 . . .