(1)(a) Each licensee, while acting as agent for a producer, shall make and preserve for at least 1 year a record of each transaction, specifying the name and address of the producer for whom she or he acts as agent; the date of receipt; the kind, quality, and quantity of agricultural products received; the name and address of the purchaser of each package of agricultural products; the price for which each package was sold; the amount of any additional charges necessary to effectuate the sale; the amount and explanation of any adjustments given; and the net amount due from each purchaser.
(b) An account of sales shall be furnished to each producer within 48 hours after the sale of such agricultural products unless otherwise agreed to in a written contract or verifiable oral agreement. Such account of sales shall clearly show the sale price of each lot of agricultural products sold; all adjustments to the original price, along with an explanation of such adjustments; and an itemized showing of all marketing costs deducted by the licensee, along with the net amount due the producer.
(c) The licensee shall make the payment to the producer within 5 days after the licensee’s receipt of payment unless otherwise agreed to in a written contract or verifiable oral agreement.
(2)(a) Notwithstanding s. 604.16(2), (3), and (4), a person, partnership, corporation, or other business entity, except a person described in s. 604.16(1), who possesses and offers for sale agricultural products is required to possess and display, upon the request of a department representative or state, county, or local law enforcement officer, an invoice, bill of sale, manifest, or other written document showing the date of sale, the name and address of the seller, and the kind and quantity of products for all such agricultural products.
(b) A person who violates this section is subject to s. 604.30(2) and (3).
Cited 6 times | Published | Florida 1st District Court of Appeal | 1991 WL 70852
...ly with essential requirements of law within the meaning of Subparagraph 120.57(1)(b)10, Florida Statutes," and thus rejected the hearing officer's findings. The department found that Southeast failed to properly account to the producers pursuant to Section 604.22(1), Florida Statutes (1989), [5] that Southeast did not tender any accounting to the producers until the formal hearing, and that even these were incomplete....
...a conclusive presumption of law upon appellants by holding that the producers were entitled to the amounts claimed in their complaints once Southeast had failed to furnish appellees an accounting within forty-eight hours of the sale, as required by section 604.22(1). In so holding, we first consider that the department was in error in concluding that, as a consequence of Southeast's alleged violation of section 604.22(1), the evidence it presented at the hearings should have been stricken....
...the amount of indebtedness due to be paid by the dealer to the complainant. (Emphasis added.) [4] We question the admissibility of these summaries on remand. See Johnson v. Department of Health & Rehab. Servs., 546 So.2d 741 (Fla. 1st DCA 1989). [5] Section 604.22(1) provides, in part, "An account of sales shall be furnished each producer within 48 hours after the sale of such agricultural products." The accounting is required to show the sale price, adjustments and an explanation thereof, marketing costs, and the net amount due the producer....
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