Fla. Stat. 601.66
Complaints of violations by citrus fruit dealers; procedure; bond distribution; court action on bond

(1)

Any person may complain of any violation of this chapter by any citrus fruit dealer during any shipping season by filing of a written complaint with the Department of Agriculture at any time before May 1 of the year immediately after the end of such shipping season. Such complaint shall briefly state the facts, and the Department of Agriculture shall thereupon, if the facts alleged prima facie warrant such action, forward true copies of such complaint to the dealer in question and also to the surety company on the dealer’s bond. The dealer at such time shall be called upon, within a reasonable time to be prescribed by the Department of Agriculture, either to satisfy the complaint or to answer the complaint in writing, either admitting or denying the liability.

(2)

If the dealer admits the violation but fails to satisfy the complaint within the time fixed by the Department of Agriculture, the Department of Agriculture shall thereupon order payment by the dealer of the damages sustained.

(3)

If the dealer, in her or his answer to the original complaint, denies the violation alleged, the Department of Agriculture shall thereupon determine whether the facts and circumstances set forth in the complaint have been established by competent substantial evidence.

(4)

If the Department of Agriculture determines that the complaint has not been so established as aforesaid, the order shall, among other things, dismiss the proceeding.

(5)

If the Department of Agriculture determines that the allegations of the complaint have been established as aforesaid, it shall make its findings of fact accordingly and thereupon adjudicate the amount of indebtedness or damages due to be paid by the dealer to the complainant. The administrative order shall fix a reasonable time within which said indebtedness shall be paid by the dealer.

(6)

Upon failure by a dealer to comply with an order of the Department of Agriculture directing payment, the Department of Agriculture shall call upon the surety company to pay over to the Department of Agriculture, out of the bond theretofore posted by the surety for such dealer, the amount of damages sustained but not exceeding the amount of the bond. The proceeds to the Department of Agriculture by the surety company shall, in the discretion of the Department of Agriculture, be paid to the original complainant or held by the Department of Agriculture for later disbursement, depending upon the time during the shipping season when the complaint was made, when liability was admitted by the dealer, when the proceeds were so paid by the surety company to the Department of Agriculture, the amount of other claims then pending against the same dealer, the amount of other claims already adjudicated against the dealer, and such other pertinent facts as the Department of Agriculture in its discretion may consider material. The Department of Agriculture, if it decides to pay the proceeds to the original complainant, may order an increase in the original bond of the dealer to such higher sum as the Department of Agriculture would be justified under all the circumstances so as to protect other possible claimants and to exercise all powers otherwise confided to it under this chapter to enforce the posting of such increased bond. The Department of Agriculture also, in its discretion as the facts and circumstances might appear to it, may hold the amount of such proceeds until such later time, up to the time when all claims have been filed during the allotted period after the closing of the shipping season and such claims adjudicated, and may disburse the total proceeds in its possession paid over to it by the surety company on the dealer’s bond as such claims were adjudicated to the various claimants, paying first to the producers the amount of their claims in full, if such proceeds are sufficient for such purpose, and if not, then in pro rata shares to such producer claimants. The balance of any additional proceeds in the hands of the Department of Agriculture, after all claims of producers have been paid in full, shall be paid to claimants who are citrus fruit dealers, either in whole or in pro rata portion, as the aggregate of their claims may bear to the amount of such additional proceeds.

(7)

Upon failure of a surety company to comply with a demand for payment of the proceeds of a citrus fruit dealer’s bond pursuant to administrative orders entered by the Department of Agriculture fixing amounts due claimants, the Department of Agriculture shall within a reasonable time file in the Circuit Court in and for Polk County an original petition or complaint setting forth the administrative proceedings before the Department of Agriculture and ask for final order of the court directing the surety company to pay the proceeds of the bond to the Department of Agriculture for distribution to the claimants.

(8)

In any court proceeding filed under subsection (7), the findings of facts and orders of the Department of Agriculture shall be prima facie evidence of the facts therein stated, and if in such suit the Department of Agriculture is successful and the court affirms the Department of Agriculture’s demand for payment from the surety company, the Department of Agriculture shall be allowed all court costs incurred therein and also reasonable attorney fees to be fixed and collected as a part of the costs of the suit.

(9)

The bond required to be posted by citrus fruit dealers under s. 601.61 shall be subject, and so conditioned therein, only to payment of claims duly adjudicated by the Department of Agriculture. All proceeds from such bonds shall be paid over by the surety company directly to the Department of Agriculture, to be disbursed by it to successful claimants in whose favor the Department of Agriculture has entered administrative order or orders. Such funds shall be considered trust funds in the hands of the Department of Agriculture for the exclusive purpose of satisfying orders of indebtedness duly adjudicated. Cash bonds which may be posted by citrus fruit dealers in lieu of surety company bonds shall occupy the same legal status as funds paid over by the surety company to the Department of Agriculture for payment of claims.

Source: Section 601.66 — Complaints of violations by citrus fruit dealers; procedure; bond distribution; court action on bond, https://www.­flsenate.­gov/Laws/Statutes/2024/0601.­66 (accessed Aug. 7, 2025).

601.01
Short title 601.02
Purposes 601.03
Definitions 601.04
Florida Citrus Commission 601.05
Department of Citrus a body corporate 601.06
Compensation and expenses of commission members 601.07
Location of executive offices 601.08
Authenticated copies of commission records as evidence 601.09
Citrus districts 601.10
Powers of the Department of Citrus 601.11
Department of Citrus 601.13
Citrus research 601.15
Advertising campaign 601.24
Department of Citrus to prescribe methods of testing and grading 601.25
Determination of soluble solids and acid 601.27
Department of Agriculture 601.28
Inspection fees 601.29
Powers of Department of Agriculture and Consumer Services 601.31
Citrus inspectors 601.32
Compensation of inspectors 601.33
Interference with inspectors 601.34
Duties of law enforcement officers 601.35
Disputes as to quality, etc. 601.36
Inspection information required when two or more lots of fruit run simultaneously 601.37
Unlawful acts of inspectors 601.38
Citrus inspectors 601.39
Special inspectors 601.40
Registration of citrus packinghouses, processing plants with Department of Agriculture 601.41
Operation without registration unlawful 601.041
The Friends of Florida Citrus Program 601.42
Revocation of registration 601.43
Immature and unfit citrus fruit 601.44
Destruction of immature fruit 601.45
Grading of fresh citrus fruit 601.045
Commission meetings 601.46
Condition precedent to sale of citrus fruit 601.47
Condition precedent to processing citrus 601.48
Grading processed citrus products 601.49
Condition precedent to selling processed citrus products 601.50
Exemptions 601.51
Certification required for shipment of citrus fruit or products 601.52
Carriers not to accept fruit without evidence of payment of assessments and fees 601.53
Unlawful to process unwholesome citrus 601.54
Seizure of unwholesome fruit by Department of Agriculture’s agents 601.55
Citrus fruit dealer 601.56
Application for dealers’ licenses 601.57
Examination of application 601.58
Application approval or disapproval 601.59
Dealer’s license fee 601.60
Issuance of dealers’ licenses 601.61
Bond requirements of citrus fruit dealers 601.64
Citrus fruit dealers 601.65
Liability of citrus fruit dealers 601.66
Complaints of violations by citrus fruit dealers 601.67
Disciplinary action by Department of Agriculture against citrus fruit dealers 601.68
Investigation of violations 601.69
Records to be kept by citrus fruit dealers 601.70
Inspection of records by Department of Agriculture 601.72
Penalties for violations 601.73
Additional methods of enforcement 601.74
Fees for licensing and analysis of processing materials 601.79
To color grapefruit and tangerines prohibited 601.80
Unlawful to use uncertified coloring matter 601.85
Standard shipping box for fresh fruit 601.86
Standard field boxes for fresh citrus fruit 601.88
Oversized boxes to be stamped 601.89
Citrus fruit 601.91
Unlawful to sell, transport, prepare, receive, or deliver freeze-damaged citrus 601.091
Florida SunRidge, Indian River, and Gulf production areas, boundaries and designation 601.92
Use of arsenic in connection with citrus 601.93
Sale of citrus containing arsenic 601.94
Fruit containing arsenic 601.95
Seizure of citrus fruit containing arsenic 601.96
Seized fruit 601.97
Destruction of certain fruit containing arsenic 601.98
Shipment, sale, or offer of imported citrus fruit or citrus products 601.99
Unlawful to misbrand wrappers or packages containing citrus fruit 601.101
Ownership of rights under patent and trademark laws developed or acquired under this chapter 601.111
Maturity standards 601.152
Special marketing orders 601.155
Equalizing assessment 601.281
Road guard fees 601.461
Falsification of weights 601.471
Definition of “canned or concentrated citrus fruit products” expanded 601.501
Charitable shipments exempt from assessments 601.601
Registration of dealers’ agents 601.611
Applicable law in event ch. 61-389 held invalid 601.641
Fraudulent representations, penalties 601.671
Appropriation of fines collected 601.701
Penalty for failure to keep records 601.731
Transporting citrus on highways 601.992
Collection of dues and other payments on behalf of certain nonprofit corporations engaged in market news and grower education 601.9901
Certificates of inspection 601.9902
Payment of salaries and expenses 601.9903
Annual report of Department of Citrus 601.9904
Frozen citrus juices 601.9908
Canned tangerine juice 601.9910
Legislative findings of fact 601.9911
Fruit may be sold or transported direct from producer 601.9912
Penalties 601.9918
Rules related to issuance and use of symbols 601.99035
Annual travel report of Department of Citrus 601.99036
Approval of specified salary changes

Current through Fall 2025

§ 601.66. Complaints of violations by citrus fruit dealers; procedure; bond distribution; court action on bond's source at flsenate​.gov