Florida Statute 601.65 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXV
AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY

Chapter 601
FLORIDA CITRUS CODE

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601.65 Liability of citrus fruit dealers.—If any licensed citrus fruit dealer violates any provision of this chapter, such dealer shall be liable to the person allegedly injured thereby for the full amount of damages sustained in consequence of such violation. Such liability may be enforced either by proceeding in an administrative action to and before the Department of Agriculture and pursuing such action to its ultimate termination if desired or by filing of a judicial suit at law in a court of competent jurisdiction; however, in such court suit the bond of such citrus fruit dealer theretofore posted with the Department of Agriculture pursuant to s. 601.61 shall not be amenable or subject to any judgment or other legal process issuing out of or from such court in connection with such law suit, whether cash bond or surety company bond, but such bonds shall be amenable to and enforceable only by and through administrative proceedings before the Department of Agriculture, it being the intent and purpose of the Legislature that such citrus dealer’s bond so posted with the Department of Agriculture shall be applicable and liable only for the payment of claims duly adjudicated by order of the Department of Agriculture and the determination of such adjudicated claim if and in the event such order is appealed by any aggrieved party to the administrative proceeding.

History.—s. 65, ch. 25149, 1949; s. 1, ch. 65-76; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185; s. 157, ch. 71-355; s. 6, ch. 78-95; s. 2, ch. 81-318; ss. 1, 3, ch. 85-129; s. 4, ch. 91-429.

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Amendments to 601.65

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Cases Citing Statute 601.65

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Townsend Fruit Co. v. Mayo, 98 So. 2d 345 (Fla. Dist. Ct. App. 1957).

Published | District Court of Appeal of Florida

set forth in the majority opinion except for Section 601.65, Florida Statutes 1955 F.S.A., which is important

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Lloyd Citrus Trucking, Inc. v. Dept. of Agr. & Consum. Servs., 572 So. 2d 977 (Fla. 4th DCA 1991).

Published | Florida 4th District Court of Appeal | 1990 WL 211496

...*978 FASTRACK APPEAL POLEN, Judge. Lloyd Citrus Trucking, Inc. (Lloyd Citrus) timely seeks review of the final administrative order issued by the Commissioner of Agriculture adopting the hearing officer's recommended order stating that the language of section 601.65, Florida Statutes (1979), precluded the Florida Department of Agriculture (the Department) from accepting jurisdiction of Lloyd Citrus's administrative petition against Orange Blossom Products, Inc....

...for breach of contract because a lawsuit had already been filed on the same claim in circuit court. Orange Blossom Products, Inc. filed an amicus curiae brief on behalf of the Department. We affirm. The sole matter on appeal is the interpretation of section 601.65, Florida Statutes (1979), addressing the liability of citrus fruit dealers, which in pertinent part provides: If any licensed citrus fruit dealer violates any provision of this chapter, such dealer shall be liable to the person alleged...

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