...BOYD, J., dissents with an opinion in which SUNDBERG, C.J., and ENGLAND, J., concur. BOYD, Justice, dissenting. Section
601.46(1), Florida Statutes (1977), defines a criminal offense. The offense there defined is a misdemeanor of the first degree. §
601.72, Fla....
...." Careful examination of the provisions of section
601.50 reveals that the legislature has attempted to delegate to the department the power to declare when the sale or shipment of immature and uncertified fruit is to be forbidden under section
601.46(1) and therefore punishable under section
601.72....