The Key West Citizen Newspaper, September 7, 1939, Page 11

CHAPTER 19541 AN ACT to repeal section 14, chap- ter 18285, laws of Florida, acts of 1937, entitled: “An act creating a state’ welfare board and district wel- fare boards and providing for their appointment, qualification, Powers and duties; providing that said state board shall be the agent for the United States, State, county and municipal governments in the admin- istration of Funds for the ef of unfortunates; and authorizing the aid boards to act as agent for the United Sta’ state, county and municipal governments in the ad- ministration of any funds for in- vestigations, social welfare work, or any other work incident to the pub- lic welfare of the United States, 5 county and municipal g me authorizing the state welfare board to promulgate rules and regu- ions necessary to carry out ihe mt and purposes of this Act; pr for the supervision 0! stare and local institutions for destitute or endent children and providing for disposition, care, protection, sup- port and maintenance of dependent children: authorizing the state wel- fare board to establish minimum ds of care for all local, pub- 1 private institutions or agen- ing the office of st wel- mmissioner and providing for Chapter acts of pter 11834, and 13384, of Chapter 13620, acts of 1 amendatory thereof; repeal- il other laws or parts ‘of law conflict Herewith; and making appropriations to carry out the pur- said act; and fixing the ions of persons entitled to benefits or assistance un- ct; and cancelling all liens isting in favor of the State of d the United States of and any of it or their sev- departments, boards 9274 of said section 14, laws of Florida, acts of 1937. Be It Enacted by the Legislature of the State of Florida: That_ section s of Florida, 14, chapter acts of 1937, An act creating a state y ard and district welfare boards and providing for their ap- intment, qualifications, powers and duties; providing tltat'said state board shail be the agent for the te, county and mu- nts in the admini: of funds for the relief of ui ortunates; and authorizing the said rds to act as agent for the United a. county and municipal mments in the administration of funds for investigations, social welfare work, or any other work incident to the public welfare of the United States, state, county munici- 1 governments; authorizing the welfare borad to promulgate and regulations necessary to ry out the intent and purpos: f this act providing for the supervis- ion of state and local institutions for Gestitute or dependent children and providing for the disposition, care, ection, support and maintenance children; authorizing board to establish for all titutions office of and cres the commissioner and pro- pointment, provid- this Act shall not affect the nt of chapter 9274, acts . of chapter 116. ts of 1927. of Chapte 3 amendatory there- repealing all other laws or parts laws in conflict herewith; and ing appropriations to car out the purposes of said act; and fixing the qualifications of persons entitled to monetary benefits or under this act,” be and the led. local public or agencies state welfare viding for his y and all liens now against the property of any son of such person hav- eived old age assistan blind, or aid for dependent children, and all liens now existing by virtue of section 14, ch ¥ Jaws of Florida, acts ‘of 19: vor of the state of Florid of its boards, agencies or sions, or in favor of the States of America, or any of its boards agencies, or commissions, be. and the same are, hereby can: celled and hereafter shall be of no further force and effect. 3. This act shall take effect ediately upon its becoming a or any ommis United Became a law without the ernor’s approv gov- itting rporations authorized d to do an insurance ness under the laws relating to sick and funeral benefit insurance who i up capital of assume on 2 companies and rein equal, but not exce nacted by the Legislature of the State of Florida 1. That from and after the age of this act, every corpor and company, now or hereafter duly qualified and authorized to do an insurance business in this state under the laws relating to or appl able to sick and funeral benefit insurance shall, if said company or corporation have $50,000 paid up cap- ital, shall be permitted to issue or assume on any one risk or life, pol- agreements or contracts, rein the death benefits promised ay equal, but not exceed $500.00. All laws and parts of laws in conflict herewith be and the same ewith repealed. § This act shall take effect upon becoming a law. Became a law without the gover- nor's approval CHAPTER 19674 ACT relating to the adminis. n of estates of decedents, to the of wills of persons dy of this state after fore and amending section chapter 16103, laws of Florida, of 1933, as amended ‘by of Chapter laws ts of 193 Be It Enacted by the Legislature of the State of Florida Sec. 1. That section aws of Florida, by tion of chapt laws of Florida, acts of 1 , the same is hereby amended lows bate of Wills of Resi- ter Foreign Probate. In at that the will of any per- who heretofore has died a res of this state or any person ter dies a resident of this fter shall, through inad- . error or omission, be ad- d to probate in any other state or county prior to the probate ther { this state, the same may be ed and admitted to pro- this state if the original night have been admitted in this state, in like man- though said will had been destroyed. and the proceed- for the establishment and pro- thereof shall, in all matters, $s may be similar to in connection with tablishment and probate of destroyed wills An exemplified or a cer of such will. and of the foreign o! of probate, and of the letters, if any, issued thereon, shall be filed in the office of the’ county judge where application is made for pro- such will, in lieu of the or- will; and the same shall be na facie evidence of its execu- and admission to foreign pro- probate. of F of chapt of I ied copy tion bate Any person cited may oppose the probate of such will. as in the case f the original probate of a will in this state. Any person interested r of the adversely may apply for the revoca- tion of the probate in this state of such will as in the case of the orig- inal prboate of a will in this state. Sec. 2. If any provision of this act or the application of such pro- vision to any person or circumstance is held invalid, the remainder of this act and the application of such pro- vision to other persons or circum- canes shall not be affected there- v. Sec. 3. All laws and parts of laws in conflict herewith are hereby repealed. See. 4. This act shall take effect upon becoming a law. Became a law without the gover- nor’s approval, CHAPTER 19306 AN ACT, requiring companies and corporations doing an insurance busi- ness under the sick and funeral benefit laws, to set aside and main tain for the protection of policies issued after the passage of this ac the same reserve required of life insurance companies for the protec tion of similar policies, and requir- ing said companies and corporations to set aside and maintain reserve at the rate of not less than 20 per cent per year until full reserve is set aside to protect policies which are in force at the time this act akes effect, and providing for an nual valuation of policies by insur- ance commissioner. Be It Enacted by the Legislature of the State of Florida: See. 1. That from and after the passage of this act, all companies and corporations authorized and qualified to do an insurance busi- ness, under the sick and funeral benefit insurance laws of the state of Florida, shall set aside and main- tain as a reserve for the protection of all policyholders, to whom policies If hereafter be ‘i the same erve as is now O01 reafter may required of life insurance com- for the protection of like pol- and such companies and cor- porations shall, for the protection of policyholders at the time of the passage of this act, set aside an- nually not less than 20 percent of the reserve which would be required of life insurance companies to pro- tect similar policies, until full re- serve as required of life insurance companies shall be set aside to pro- tect all policy holders, and such policies shall be valued ‘annually by the insurance commissioner as pro- vided by the law in case of life in- surance companies, All laws in confliet_here- hereby repealed insofar as nflict herewith. This act s immediately upon law Became a law nor’s approval. CHAPTER 19616 AN ACT in relation to the civil liability of owne lessees, licen- ees and operators of radio broad- casting stations and the agents and employees of any such owner, lees- see, licensee or operator, for’ r defamation or libelous statemen’ Be It Enz the State of Sec. 1. The owner, or operator of a radio broade: tation, and the agents or employees of any such owner, lesee, licensee or operator, shall not be liable any damages in or as a part of a radio broade oth tain such owner, les see or opera- tor, or agent or employee thereof, unl the said owner, lessee, li- censee and_ ope! or agent or employee _affir declares that such atement, le for and in behalf of such owner, lessee, li- censee or ope! of such radio tion or its agent or employee. This act shall not be ap- to or affect any cause of this all take effect its becoming a without the gover- mes effective. 3. If any section in or any part of any s be declared invalid or tional such declaration ity shall not affect the validity the remaining portions hereof See. 4, All acts or pi in conflict herewith are pealed. See. 5, This act shall take effect upon its becoming a law. me a law without the gover- pproval. CHAPTER 19305 AN ACT defining companies corporations engaged in the bus of issuing life an annuity con- tracts, including combined’ _li aith and accident contracts, which hold reserves for the fulfillment of its contracts or more than 50 per centum of its total reserve fund or such other rese may be re- quired under any law or regulation of the United ‘States of Ameri nor or hereafter in ree to be lif insurance companies. Be_It Enacted by the Legislature of e State of Florida: 1. That from and passage of this act, e' y or corporation, incudin, funeral benefit associations, in the busines of issuing life insur- ance or annuity contracts, (includ- ing contracts of combined life, health and accident insurance), the ‘reserve funds of which for the fulfillment of h contracts comprise mor than 50 per centum of its total re- serve funds, or such other reserve as may be required under any law or regulation of the United States of America, nor are hereafter in force, is hereby declared to be a life insurance company. Sec. 2. All laws and parts of laws in conflict herewith be and the same are hereby repealed. See. 3. This act shall take effect upon becoming a law. Became a law without the gover- nor’s approval, CHAPTER 19326 AN ACT Relating to the Purchase, Handling, Sale and Accounting of Sales of Citrus Fruit Grown in the State of Florida; to Prevent Fraud 1 Deception Therein; for the Licensing and c Fruit Dealers; to Prescribe Certain Powers and ‘Duties of the Citrus Commission and the Commis- sioner of Agriculture of the State of Florida in the Administrs Enforcement of this Ac’ Prescribe Penalties for Provisions of Providing Certain E the Provisions of this Act Be It Enacted by the Legislature of the State of Florid: Sec. 1. That as used in this Act: (a) The term “person” means and includes individuals, firm, partner- hip, association, corporation, and ny other business unit. (>) ‘The term “citrus fruit’? means and includ the: fruits Citrus Grandis, commonly called grapefruit, and/or Sitrus Sinensis, Osbeck, commonly ‘called oranges, and or Citrus Nobilis Deliciosa, com- monly called tangerines, grown in the State of Florida. (c) The term “Producer” means and includes any person engaged in the business of growing and/or pro- ducing citrus fruit. (d) The term ‘“consignor” means and includes any person other than a producer who ships or delivers to any commission merchant or dealer, any citrus fruit for handling, sale or resale (e) The term “commission mer- chant” means and includes any_per- ed in the business of re- citrus fruit for sale, on . or for on behalf of’ an- th io uncons' lid- of after the company ick and engaged to Provide Bonding of he Violations this Act; and ions ' from The term “consignment ship- @ includes any per: ho contracts with the produce! us fruit for the marketing for the sole account and such producer and who agrees to pay such producer the net proceeds derived from such sale, for ¢ and § (g) The term “cash buyer’? means and includes any person who pur- chases any citrus fruit in Florida from the Producer thereof for the purpose of resale. (h) The term ‘broker’ means and includes any person engaged in the business of negotiating the sale or purchase of any citrus fruit. (i) The term “agent” means and includes any person, who on be- half of any one citrus fruit dealer, negotiates the consignment or pur- chase of any citrus fruit . (j) The term ‘‘dealer'’ means and includes every person other than a producer, consignor, commission merchant, consignment shipper, cash buyer, broker, or agent who in any manner makes or attempts to make money or any other thing of value on. any citrus fruit by dealing in the same in any manner whatsoever. (k) The term “citrus fruit dealer’ means and includes every consignor, commission merchants, consignment ipper, cash buyer, broker, agent, association; co-operative association, and dealer, as hereinabove defined. (1) The term ‘Commission’ means the Florida Citrus Commission. (m) The term ‘‘Commissioner"’ (n) The term “standard packed means the Commissioner of Agricul- ture of the State of Florida. box" means one and_ three-fifths (1-3-5) bushels of citrus fruit wheth- in bulk or in container. (o) The term “shipping season’ means and includes that period of time commencing July 1 of one year and ending June 30 of the follow- ing year. Sec. 2. That no person shall act as a citrus fruit dealer without having obtained a license each ship- ping season as provided in this Act. Any person desiring to engage in the business of citrus fruit dealer in the State of Florida shall make application to the Citrus Commission foua license. The Citrus Commis- sion shall by regulation prescribe the information to be contained in such application. All such applica- tions, in addition to other iniorma- tion which may be prescribed by the Citrus Commission, must con the following information: and address of the individ- firm, partnership, association, porations, or other business unit ppiying for a license; names and ddres, of the principal stock- holdei officers, partners or other individuals belonging to or connected with the applicant, if the applicant for a license is a firm, partnership, association, corporation, or other business unit, whether’ it be for profit or otherwise; the length of time the applicant has been engaged in the citrus fruit business in Flor- ida in any manner whatsdever; financial statement of the a showing such information as Citrus Commission may prescribe re- garding the financial condition of the applicant and whether or not the licant or any of its officers, di- or stockholders have 'pre- been licensed as a citrus ealer, or connected with a citrus fruit dealer in the te of Florida, and if so, the date uch lice: 2ined, and number of boxes ‘itrus fruit, lard pack. ; h the applicant in- tends to deal with during the next twelve months. If the applicant an individual and is shown to be non-resident of the State of Flor- ida, or is a co-partnership and each member is shown to be a non-resi- dent of the State of Florida, in eith- er event, the said appleiant shall nate some bona fide resident of State of Florida as such appli- ident-ageni whom may be ser serv- ice of process of any of the courts of thi upon h resident gent shall be as effectual and bind- ing upon said applicant as if person- ally served upon said applicant, If the applicant is a corporation then such corporation must be one'orgam. ized and isting under the law: of this State, or having an _unre- voked permit authorizing it to ransact business in this State. All ants Who are natural persons > competent, honest, truthful, hy, of ~ood character and bearing a reputation for fair deal- ing, and the application of corpor tion shall be considered and acted upon with reference to the same re- quirements as applied to the offi- cers, directors, manager, stockhold- ers and employees thereof. The Cit- rus Comn on shall, within a rea- nable time, examine’ the application and consider the information sub- mitted therewith including appli- cant's financial statement, the rep- utation of the apnlicant as shown by applicant’s past and current his- tory and activities, including ap- plicant’s method and manner of doing business. The Commission shall also consider the past history of any ap- plicant, either individually or in connection with an‘ corporation with which any applicant shall have been connected in any capacity, and may, in proper impute to any individual or corporation liability for any wrong or unlawful act pre- viously done or performed by said individual or corporation. If the Commission shall, by a majority vote, be of the opinion that the ap- plicant is qualified, and is entitled to a license as a citrus fruit dealer, the said Commission shall approve said application. Any previous con- duct which would have been ground for revocation or suspension of a license, if the applicant were li- censed. shall be sufficient grounds for the disapproval of the applica- tion If the application is disap- proved the Commission shall cause n information to be prepared stat- ing the reasons for such disapprov al and file the same and a copy thereof served upon the applicant within 5 days thereafter. If, within five (5) days after service of such informa- tion, the applicant shall file with the Commission an answer to such in- formation and a request for public hearing, said «applicant shall be granted a public hearing and be given full opportunity to be heard in person or through an Attorney. If after such hearing the Commis- sion shall find and determine that its previous action was not justified it shall approve such application and if it determines that its previous ac- tion was justified it shall affirm its previous action. If the applicant fails to file an answer and request a public hearing within said five .(5) days, said application shall stand dis- approved. If the application is ap- proved the Commission shall immed- ately forward such application with its approval endorsed thereon, to the Commissioner of Agriculture of the State of Florida, who shall is- sue to such applicant a license as mentioned in Section 5 hereof. No license shall be issued to any appli- cant whose application has been disapproved by the Commission. Each applicant shall pay to the Commissioner a fee of Ten ($10.00) Dollars per annum, except that where any applicant expects to deal only as an agent, as defined “here- in, such applicant shall pay the sum of Five ($5.00) Dollars. “All such license fees colleted hereunder shall be paid by the Commissioner into the State Treasury monthly to the credit of the General Inspection Fund and are hereby appropriated and made available for defraying the expenses incurred in the admin- istration and enforcement: of this That before any license is y the Comm omer to any nm other than an agent as .de- fined in this Act, the applicant therefor must deliver to the Commis- s a good and sufficient cash v surety bond executed by the icant as principal and by a sur- y company qualified and autho- i to do business in this State as surety, in the amount of Ten ($10.00) Dollars for each one thou- sand (1,000) standard packed boxes of citrus fruit that the said appli- cant intends to deal with during the next twelve (13) months, as set forth in his application, up to and including one million (1,000,000) standard packed boxes of citrus fruit; provided: however, that no bond shall be less than Five Hun- dred ($500.00) Dollars in amount nor greater than Ten Thousand (10,000) Dollars in amount. Said bond shall be in the form approved by the Commissioner and shall be condition- ed upon compliance with the pro- visions of this Act, and upon faith- ful compliance with the conditions of all contracts, verbal or written, made by the citrus fruit dealer with producers relative to the purchase, handling, sale and accounting of sales of citrus fruit and -upon appli- cant accounting for the proceeds of any citrus fruit contracted for in acordance with the terms of the con- tracts with producers. Said bond shall be to the Commissioner and his successors in office, in favor of e producer with whom appli- cant deals in the purchase, handling, sale and accounting of sales of cit- rus fruit. The aggregate accumu- lated liability under any such bond shall not exceed the amount named therein, Every such bond shall con- tinue in force and effect until ninety (90) days after the termination of the shipping season for which the bond is given. “Any producer claim- ing to be injured or damaged by any act of said citrus fruit dealer, or the Commissioner on behalf of all pro- ducers contracting with the said said citrus fruit dealer, may maintain an action on said bond against the citrus fruit deaier and the surety named in said bond, or either of them, and any judgment against the citrus fruit dealer and/or surety in any such action shall include costs. In cases where liability under and by vitrue of any bond given pur- suant to the provisions hereof is ad- mitted, without suit, and the amount or amounts admitted to be due are paid to the Commissioner, the Com- missioner is authorized and directed to ascertain the amount or amounts due the claimant or claimants to as- certain the amount or amounts due the claimant or claimants who has or have duly filed a claim or claims under and in connection with such bond prior to the expiration of ninety (90) days immediately following the end of the shipping season for which uch bond was given, and thereafter the Commissioner shall make distri- bution of the amount or amounts so paid to him under such bond to ent that the same may reach satisfyine claim or claims; pro- vided, however, that where there are two or more claimants who have ly filed claims within the time last aforesaid that aggregate an amount in excess of the amount or amounts held by the Commissioner for distr bution, such claimants. shall par- ticipate in the proceeds of such funds in the hands of the Commis- sioner only on a pro rata basis. and no one of such claim: ceive any pref by resaon of prior to the fili the others. Sec. 4. That it shall he unlawful in, or in connection with any trans- action relative to the purchase, han- dling, ale and accounting of sales © fruit: For any citrus fruit dealer to make or exact any fraudulent charge to and/or from any person. 2. For any citrus fruit dealer to reject or fail to deliver in accordance with the terms of the contract with- out reasonable cause any citrus fruit bought or sold or contracted to be bought or sold by such citrus fruit, dealer, For any citrus fruit dealer to dis- card, dump, or destroy without rea- sonable cause any citrus fruit re- ceived by such citrus fruit dealer. For any citrus fruit dealer to . for a fraudulent purpc any e or misleading con- cerning the condition, quality, quan- tity, or disposition of, or the con- dition of the market for any citr fruit which is received by such cit- rus fruit dealer or bought or sold or contracted to be bought or sold by itrus fruit dealer; or the pur- ale of which negotiated s fruit dealer; or to fail count promptls such transaction in fruit to the person wv transaction is had. 5. For any citrus y such citrus ith whom such dealer to sell, receive, process or handie stolen citrus fruit. See. 5. Whenever an application bears the approved endorsement of the Citrus Commission and the appli- cant has paid the prescribed fee, the Commissioner shall issue to such ap- plicant a license which shall entitle the licensee to do business as a rus fruit dealer in the current or en- suing shipping season to be in force unless and until it is suspended or revoked by the Commissioner in a cordance with the provisions of this Ac 5. knowingly buy, 6. That if any citrus fruit dealer violates any provisions of this Act he shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of such violation. Such liability may be enforced either (1) by complaint to the Commissioner, as hereinafter provided or (2) by it in any Court of competent jurisdiction; but this Section shall not in any ‘way abridge or alter the remedies now existing at common law or by statute, and the provisions of this Act are in addition to such remedies. See. 7. That any person complain- ing of any violation of any of the provisions of this Act by any citrus fruit dealer during any shipping sea- son may at any time prior to the expiration of ninety days immed- iately following the end of such shiping season apply to the Com: missioner by petition, which shali briefly state the facts,’ whereupon, if in the opinion of the Commission- act therein contained warrant such action, a copy of the complaint thus made shall be forwarded by the Commissioner to the citrus ‘fruit dealer, who shal! be called upon to satisfy the complaint or to answer it in writing within a reasonable time to be prescribed by the Com- missioner. After an opportunity for hearing on a complaint the Com- missioner shall determine whether or not the citrus fruit dealer has violated any of th of this Act. If after hear plaint made by any this section the Commis mines that the citrus fruit deale has violated any provision of this Act, he shall, unless the offender has already made reparation to the per- son complaining. determine the am- ount of damage, if any, to which such person is entitled as a result of such violation and shall make an order directing the offender to pay to such person complaining such amount on or before the date fixed in the order. If any citrus fruit dealer does not comply with an erder for the payment of money ithin the time limited in such or- der the complainant, or any person for whose benefit such order was made, may. within ninety (90) days from the date of the order file in any Court of competent jurisdiction a petition or declaration, setting forth briefly the causes for which he claims damages and the order of the Commissioner in the premises. Such suit in such Court shall pro- ceed in all respects like other c suits for damages except that the findings and order of the Commis. sioner shall be prima facie evidence of the facts therein stated, and the petitioner or plaintiff shall not ‘be liable for costs in such Court nor for costs in any subsequent stage of the proceedings unless they ac- erue upon his appeal. If the peti- tioner or plaintiff firally prevails he shall be allowed a reasonable at- terney’s fee to be taxed and col lected as a part of the costs of the suit. See. 8. The Commissioner shall have the power to revoke or sus- pend the license of any citrus fruit dealer when he shall be satisfied that such dealer has violated any of the provisions of this Act, or has (a) obtained a license by means of fraud, misrepresentation, conceal- ment, or through the mistake or in- advertance of the Citrus Commis- sion, (b) violated or aided or abetted in the violation of any of the pro- visions of this Act or any provis- ions of any other law of the State of Florida governing and/or applicable to citrus fruit dealers, as defined herein, or any lawful rules or regu- lations of the Citrus Commissio1 (c) been guilty of a crime against the laws of this or any other state or government, involving moral tur- pitude or dishonest dealing, or has become legally incompetent to con- tract or be contracted with, (d) made, printed, published, dis- tributed, or caused, authorized or knowingly permitted the making, printing publication or distribution of false statements, descriptions or promises of such a character as to reasonably induce any person to act to his damage or injury, if the said citrus fruit dealer then knew or, by the exercise of reasonable care and inquiry, could have known of the falsity of such statements, descrip- tions or promises, (e) knowingly commit or be a party to, any material fraud, misrepresen- tation, concealment, conspiracy, col- lusion, trick, scheme or device, whereby any other person lawfully relying upon the word, representa- tion or conduct of the citrus fruit dealer, shall act to his injury or damage, (f) committing any act or conduct of the same or different character of that hereinabove enumerated, which shall constitute fraudulent or dishonest dealing. That the Commissioner may in- stigate and make investigation of any citrus fruit dealer whom he has reason to believe has violated any of the provisions of this Act, or has violated any provisions of any other law of the State of Florida govern- ing and applicable to citrus fruit dealers, as defined herein, and when- ever the Commissioner ’ determines after notice to the citrus fruit deal- er and hearing that any citrus fruit dealer has violated any of the pro- visions of any other law of the State of Florida governing and applicable to citrus fruit dealers as herein de- fined, he may publish the facts an circumstances of such violation and/ or, by order, suspend the license of such offender for a specific per- fod, or revoke the same or make such other appropriate order as he may deem just and proper, and any such order shall specify the effective date thereof and any order other than one suspending or oking a license shall automatically suspend such license until said order is com- plied wi That any action of the Commissioner with reference to the revocation or suspension of any li- cense granted under the provisions of this Act| may be reviewed by any Court of competent jurisdiction. Sec. 9. That every citrus fruit dealer shall make and keep a correct record showing in detail the follow. ing with reference to the purchas handling, sale and accounting of sale of citrus fruit handled by him, namely: (a) The name and address of the producers or other persons from whom the citrus fruit was procured and if same was produced from some person other than a licensed handler, the name and address of the producer of said fruit. (b) The date citrus fruit is re- ceived and the amount thereof, and the purchase price paid therefor if purchased for the purpose of resale. (c) The condition of such citrus fruit upon receipt by the citrus fruit dealer. (d) If the cirtus fruit is handled on consignment for the account of the producer, the date of sale and the selling price. (e) An itemized statement of the charges to be paid by the producer in connection with any sale. (f) A detailed statement of all claims made by producers against the citrus ffuit dealer, a copy of each when received to be certified to and filed with the Commissioner. (g) A copy of the record and ac- count of sale of citrus fruit handled on consignment and/or commission shall be delivered to the producer upon the consummation of the sale, together with all moneys received by the citrus fruit dealer in payment for such transaction made upon account of the producer, less the agreed commission and other charges which aust be separately itemized, and said payment and ‘accounting must be made by said citrus fruit dealer to the producer within fifteen days nfter said citrus fruit dealer receives the money in payment of said cit- rus fruit unless otherwise specified in contract between citrus fruit alers and producer. c. 10. That in the investigation mplaints under this Act the Commissioner, or his duly authorized agents shall have the right to in- spect such accounts, records and memoranda of any citrus fruit dealer as may be required for the determi- nation of any such complaint. If and such citrus fruit dealer re- fuses to permit such inspection, the Commissioner may publish the facts and circumstances and/or by order suspend the license of the offender until permission to make such in- spection is given. Sec. 11. That the Commissioner, or any officer or employee designat- ed by him for such purpose, .may hold hearings, sign and issue sub- poenas, administer oaths, examine witnesses, receive evidence and re- quire by subpoena the attendance and testimony of witnesses and the production of such accounts, records and memoranda as may be material for the determination of any com- plaint under this Act. In case of disobedience to a subpoena the Commissioner, or any of his officers ‘or employees, may invoke the aid of any Court of competent jurisdiction in requiring the attendance and tes- timony of witnesses and the produc- tion of accounts, records and memo- randa, and any such Court may, in case of contumacy or refusal to obey a subpoena issued to any per- son, issue an order requiring the person to appear before the Com- missioner, or his officer or employee, or to produce accounts, recortis and memoranda as so ordered, or to give evidence touching any mat- ter pertinent to any complaint, and any failure to obey such order of the Court shall be punished by the Court as a contempt thereof. | Sec. 12. That the Commission may make such rules, regulations and orders as may be necessary to carry out the provisions of this Act and may co-operate with any de- partment or agency of the United States Government. Sec. 13. That any person who acts as a citrus fruit dealer as defined in this Act without a license, or, having a license, violates or aids in the violation of any provision of this Act. or any person who represents himself as a citrus fruit dealer as defined in this Act, shall for each and every offense be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine (of) not_ exc iz, One Thousand ($1,000) Dollars or by imprisonment in the county jail for not more than six (6) months or by both such fine and imprisonment in the discretion of the Court. Civil suits and crim- inal prosecutions arising by virtue of any of the provisions of this Act may be instituted in the county where the said citrus fruit was re- ceived by the citrus fruit dealer, or in the county in which the prin- cipal place of business of such citrus fruit dealer is located within the State of Florida, or within the a =— ool county in which the violation of this Act occurred, or if such violation occurs in more than one county, then within any county in which’ such violation of this Act occurred. : Sec. 14. That the several Circuit Courts of the State of Florida, sit- ting in Chancery, are hereby vested with jurisdiction specifically to en- force, and to enjoin and restrain any citrus fruit dealer from violating, the provisions of this Act, or of any rule, regulation or order made by the Commissioner pursuant to this Act, in any proceeding brought by the Commissioner in any of said Circuit Court; and in any such proceeding it shall not be necessary for the Com- missioner to allege or prove that an adequate remedy at law does not exist. Sec. 15. That it shall be the duty of each state and/or county law en- forcement officer to make arrests for violations of this Act when noti- fied of such violation by the Com- missioner of Agriculture or his ag- thorized agent, inspector or repre- sentative. Sec. 15. A. There is hereby spe- cifically excepted from the provis- ions of this Act, al! persons, firms and/or corporations that buy citrus fruit from the producer and pay for the same in actual cash, lawful money of the United States, at or be- fore the removal of the fruit from the premises of the seller; and in all such cases the seller, or his agent, shall give to the buyer a bill of sale which shall describe the quantity and variety of fru’ the seller's name and address, the buyer’s name and address, the date of the transaction, the price paid for such fruit per box, with extensions to show the total, and a statement over the signature of the seller, or his agent, to the effect that the fruit described on such bill of sale has been paid for in cash; and possession of such a bill of sale by the buyer shall be a com- plete bar to any prosecution under this Act. No particular bill of sale shall include more than 200 boxes of fruit. Nothing in this section shall be interpreted to allow any kind of purchasing or beng of citrus fruit by any dealer who has theretofore been under bond and license and whose license has been duly revoked under the provisions of this Act. Any cash buyer desiring to operate under the terms of this exception without furnishing bond and secur- ing license hereunder must first se- cure a written permit so to do from the Commission which permit. shall be issued to him as a matter of right upon his filing with said Commission his written application therefor. Such written permit may be revoked by the Commission for the same reasons and by the same procedure that a license may be revoked by the Com- missioner hreunder. In addition to procuring said written permit such cash buyer operating under said per- mit is likewise required hereby to file with said Commission or its agents or any citrus fruit inspector of the Commissioner, within twenty- four hours after its execution, a dup- Plicate copy of each Dill of sale which is given under the terms of this exception. Sec. 16. That this Act shall be liberally construed, and if any “part or portion thereof be declared in- valid, or the application thereof to any person, circumstance or thing is declared invalid, the validity of the remainder of this Act and/or the applicability thereof to any oth- er person, circumstance or thing shall not be affected thereby and it is the intention of the Legislature to preserve any and all parts of said Act if possible. Sec. 17. That all laws or parts of laws in conflict herewith be and the same are hereby repealed. Sec. 18. That this Act shall take effect immediately upon its passage and approval by the Governor, or upon becoming a law without such approval. Became a law without the Gover- nor's approval. CHAPTER 19279 AN ACT to Amend Section 14 of Chapter 14486, Acts of 1929, Laws of Florida, Entitled “An Act Pro- viding for Depository of Sinking Funds and Delinquent Taxes and Other Moneys for Road and Bridge Indebtedness of the Counties and Special Road and_ Bridge Districts of the State or Otherwise, Autho- rizing the Issuance of Refunding Bonds By Said Counties and Spe- cial Road and Bridge Districts, and Providing for the creation of a Board of Administration and the Disburse- ments of Such Funds to Pay Such Indebtedness and the Use of any Surplus in any County for the Con- struction and Maintenance of Roads and Bridges,” as Amended by Chap- ter 15891. Acts of 1933, Laws of Florida, Which Amendment Provid- ed for Certain Additional. Alterna- tive and Supplementary Duties and Powers of the State Borad of Ad- ministration in Connection with its Functions as a Fiscal Agent for the Several Counties of the State of Florida with Reference to Road District. Road and Bridge District, Special Road and Bridge District, and County Road Bonds, and Bond Issues Subject to Said Chapter, and Providing by this Amendment for the Disposition of any Surplus in any County Account for Public Highway Construction and Mainte- nance Purposes and/or for the lease or Purchase of Certain Toll or Other Bridges; and Limiting the Use of Second Gas Tax Funds Placed to the Credit of the Several Counties Administered by the State Board of Administration. Be It Enacted by the Legislature of the State of Florida Sec. 1. That Secti 14 of Chap- ter 14486, Acts of 1929, Laws of Florida, ‘as amended by Chapter 15891, Acts of 1933, Laws of Florida, be and the same is hereby further amended to read as follows: __{‘Sec. 14. (a) The Board of Admin- istration shall annually before the first day of June of each year, care- fully estimate the amount of money which will be available for the next fiscal vear, for each of the accounts eet for by Section 13 of this ct. “(b) In arriving at the amount of money available to meet the require- ments of interest and principal or sinking funds of the bonds to which such accounts are applicable, re- spectively, the Board of Adminis tration shall first apply any avail- able funds in the Sinking Fund Ac- counts, so for as may be necessary. If the moneys so applied are not suf- ficient for said purposes in any County, it shall them apply to meet such requirements, so far as may be Mecessary, any money to the credit or estimated to be available for the credit of such County from the ‘gas tax or other moneys made avail- able by law as a supplementary source oe dees “(c) In so applying moneys cred- ited to each County. except Sinking Fund Accounts. there shall be a) portioned to each subdivision (wheth- er the County itself or Road and Bridge Districts therein) such pro- portion of the moneys as the amount of the participating bonds of each subdivision bears to ‘gregate amount of the participating bonds to which the accounts are applicable. d) Provided. the State Board of Administration is hereby authorized and directed, by and with the ap- proval of the County Commissioners of affected county, to be evidenced by a Resolution thereof duly certi- fied to and filed with the said State Board of Administration, to use any or all of the moneys derived from Gasoline Taxes and credited to the account of such County. or Road or Road and Bridge District therein, for the purpose of purchasing at a price below the par value thereof, and at the lowest bid offered, any Bond or Bonds of any Road District, Road and Bridge District, or ge District Bond Issue to which suc moneys as credited to such County, would be applicable, the purpose and intention of this proviso being to di- rect and to require that all moneys derived from the additional sources or revenue provided by this Act as amended. shall. if deemed advisable, be used for the best interests of the Road Districts, Road and Bridge Districst, Special Road and Bridge Districts, and Counties of the State by the purchase and acquisition of all outstanding bonds thereof which may be acquired at greatly depre- ciated prices below to par value thereof. whether such bonds be ma- tured or unmpatured or be in default or not for principal or interest. The State Board of Administrtaion shall give due notice of its purpose to purchase any of such bonds by pub- lication of such notice, at least one of which notices shail be published in a newspaper regularly published in the County where such bonds were issued. Such notice shall call for sealed bids and shall state the time and place at which said bids shall be opened. Said Board of Ad- ministration shall have the right to reject or accept any and all bids or portions of bids. And said Board of Administrtaion shall have the right to prescribe the security for the performance by the bidder. “(e) All bonds ourchased and ac- quired by the said Board of Admin- istration under Paragraph (d) of this Section as ended shall not be can- celled but shall be held in trust by the State Board of Administration to be retired by said State Board of Administration only when specially determined by said State Board of Administration to be for the best interest of the State of Florida and the several counties and Districts thereof contemplated by this Act. “(f) The Board of Administration shall keep a full, complete and ac- curate record of all purchases of bonds made under this Section as amended, of the price paid for same and from. or through whom_ pur- chased. All securities purchased shall remain in the hands of the State Treasurer to be held by him as other funds and securities coming into his custody are held as provided by law. “(gy Resolutions adopted by County Commissioners of the several Counties under Paragraph (d) for the purpose of approving the _pur- chase of bonds by the State Board of Administration as by said para- graph authorized, may contain such restrictions, conditions, and _limita- tions as to price to be paid, and class, series or issue to be’ pur- chased, as the County Commission- srs may see fit to approve, and may be given for such period of time as in the judgment of the County Commis- sioners is deemed for the best inter- est of the County. Resolutions so adopted may be rescinded by the County Commissioners, or thereafter amended or modified with like ef- fect and authority as is given for the original adoption of such reso- lutions. “Eighty percent (80) of any surplus ‘in any county account, except sinking fund account, after such application asais provided here- in shall be remitted to the State Road Department to be_used by the said State Road Deparfment in the counties which are entitled to such credit in the construction of any State Road before that time desig- nated on such counties, regardless of the preferential system, and/or in the purchase or lease of any toll bridge now or hereafter situated in said counties, or any bridge con- structed or to be hereafter con- structed by such County or any State Agency therein, and which forms a link in any road now or hereafter dseignated a State Road Twenty per cent (20) of any such surplus in any county account, except sinking fund account, after such application, shall be remitted to the county for the of which such county account was created, and shall be used by such cowntyuonly for the construction and mainte- nance of roads therein. “No second gas tax funds, placed to the credit of the several counties, which funds are administered by the State Board of Administration, shall be used for any other purpose than as expressly provided in_ this Section 14, any law or laws of the State of Florida to the contrary not- withstanding.” Sec. 2. All Acts of parts of Acts in conflict herewith are hereby re- pealed. Sec. 3. If any part of this Act shall be held unconstitutional or be ineffective, for any reason, the re- mainder of this Act shall not be af- fected thereby, but shall be in force nothwithstanding any such uncon- stitutionality or any ineffectiveness of any part. See. 4. This Act shall take effect upon its becoming a law. Approved by the Governor June 9, 1939. CHAPTER 19182 AN ACT to Amend Section 12 of Chapter 1 Acts of 1935, Being An Act Creating the State Planning Prescribing Its Powers and Creatmg County Planning Councils and Prescribing Their Pow- ers and Duties and Making an Ap- propriation for Said Board. WHEREAS forty-five (45) States, including Florida, have established State Planning Boards which are cooperating with the national re- sources committee in correlating and systematizing programs for more economical and efficient city, county, district and state governmental ac- tivities: WHEREAS, the State Planning Board has secured Federal Assist- ance and ggants totalling thousands of dollars, 8nd now has under way the following surveys: Southern For- est Resources; Park, Parkway and Recreational Area Study; Hurricane Research and Coast and Geodetic Survey of Florida, and the follo ing are awaiting provision of Spon- sor’s funds: Analysis of Publicly. Owned Land including tax delin- quent _ propertie: Legal Research Project to cross-reference and in- dex all Special Acts of the Legisla- ture: Six-Year Program of Public Works Improvements and inventories of Existing Public Service Facilitie: the last three mentioned projects will give employment to two hundred thirty-three (233) persons and the Federal Assistance would amount to Two Hundred Ten Thousand ($210,- 000) Dollars against Twenty Thou- sand ($20,000) Dollars of State Plan- ning Bgard funds; WHEREAS. The State Planning Board with Federal assistance is prepared to make a complete sur- vey of the tax structure of the State, and its governmental units during the next two (2) years, independent- ly or under the supervision of a spe- cial legislative or other official com- mittee, otherwise authorized by law, to report to the next Legis- lative Session. Now, Therefore, Be It Enacted by the Legislature of the State of Florida: Sec. 1. That Section 12 of said Chapter 17275, Acts of 1925, be, and the same is hereby amended to read as follows: Sec. 17. There is here ~ appro- priated out of the State Roa. Depart- ment License Fund the sum of $25,- 060.00 annually for the next two years to carry on the work of the Board and to sponsor contributions and grants of assistance from the Federal Government in carrying on such work." Sec. 2. That all laws and of laws in conflict herewith be, and the same are hereby repealed. Sec. 3. That this Act shall take effeffct July Ist, 1939. Approved by the Governor, May 30 1939. CHAPTER 19181 _ AN ACT Assenting to and Accept- ing the Provisions of an Act of Congress Approved July 11, A. D. 1916, and All Amendments Thereto, the Same Being “An Act to Pro- vide That the United States Govern- ment Shali Aid the States in the Construction of Rural Post Roads, and for Other Purposes,” and Pro- viding for the Apportionment and Seeevestation of Funds to Meet the ame. EP ms heeweenes the State of yi Sec. 1. That the Legislature of the State of Florida, in half of and for the said State, does hereby give its assent to the provisions and re- quirements of a certain Act of Con- gress of the United States, approved July 11, A. D. 1916, and all amend. ments thereto, the same being en- titled, “An Act to provide that the United States shall aid the States in the construction of rural post roads, and for other purposes,” and that the State Road partment be- ing clothed with certain duties and powers affecting public roads in this State, be and is hereby authorized and empowered to receive the grants of money appropriated under the said Act of Congress and all amendments thereto. and apply the same of the public roads and bridges in this State, in accordance with the terms and conditions expressed in the said Act of Congress and all amendments thereto. Sec. 2. That for the Bah pe of the construction of roads in this State. as provided for in said Act of Congress and amendments there- to, assent to which is hereby given, and that said StateL of Florida may receive from the Federal Government such sum or sums of money as are now or may hereafter be annually apportioned to this State as provided in the said Act of Congress and all amendments thereto and to provide equipment and labor and meet any expense incident to such work as is provided for in said Act of Congress, and amendments thereto, that there be and there is hereby allotted and apportioned for such purposes, the sum of One Million Five Hundred Thirty-five Thousand Two Hundred Seventy-three ¢$1,535.273) Dollars for the year 1939, and the Sum of One Million Seven Hundred Fifty Thou- sand ($1,750,000) Dollars for the year 1940, making a total of Three Million Two Hundred Eighty-five Thousand Two Hundred Seventy- three ($3,285,273) Dollars, out of funds in the State Treasury for the use of the State Road Department derived from licenses and per gal- jon taxes imposed upon gasoline. Sec. 3. That the said amount of Three Million Two Hundred Eighty- five Thousand Two Hundred Seven: ty-three ($3,285,273) Dollars appor- tioned and paid into the State Treas- ury under the provisions of this Act, be and is hereby appropriated as provided in Section 2 of the same. Said funds shall be paid out only on warrants drawn by the State Comp- troller in the payment of vouchers or bills duly approved by the State Highway Engineer of the State of Florida and countersigned by the Chairman and secretary of the State Road Department. Sec. 4. That the State Highway Engineer and the several members of the State Road Department shall each be required to give bond in the sura of not less than Ten Thousand ($10.000) Dollars for the faithful performance of their duties, the pre- mium on said bonds to be paid out of funds provided for the mainte. nance of said Department. Sec. 5. Should there be any por- tion of said sum of Three Million Two Hundred Eighty-five Thousand ‘Two Hundred Seventy-three ($3- 285.273) Dollars remaining after the Federal apportionments for each year referred to herein have been met, said funds shall be din the discretion of the State Road Depart- ment for the construction or mainte- nance of roads under the supervis- ion of said Department, said funds to be paid out in the same manner as provided for in this Act. * Sec. 6. This Act shail take effect afld become a law immediately upon its passage and approval by the Gov- ernor, or immediately upon its be- coming a law without such approval. agAPPreved by the Governor May 30, CHAPTER 19203 AN ACT Providing That Courses in Vocational Training Shall Be Made Available by County Boards of Public Instuction for Students in all Accredited High Schools of the State. WHEREAS, the State of Florida has recognized its obligation to_its children by providing public free schools for their education and train- ing, and WHEREAS. it is the wish of this Legislature that such education and training fit the children of Florida most thoroughly for the duties of citizenship, and WHEREAS, all of the children of the State of Florida are entitled to fair and equal educational advan- tees. Be It Enacted by the Legislature of ‘tate of Florida: 1. That for the scholastic 1939-1940, and each year there- after the County Boards of Public Instruction of the several counties of the State of Florida are hereby re- Guired to include in the course of study or curriculum in each of the accredited high schools under their jurisdiction, one or more courses in vocational ‘training which shall be suitable for and shall be made avail- able for all students of such accred- ited high schools; it being further provided that qualified teachers for such vocational training be employ- ed, and that necessary equipment for praper instruction in vocational training shall be provided by the Boards of Public Instruction of the several respective counties of the State of Florida. Sec. 2. That vocational training shall be defined as including stenog- raphy, book-keeping, agriculture, home ‘economics, music, and manuai training. Sec. 3. The violation of the fore- going sections shall be punished as a misdemeanor as provided by the General Laws of the State of Flor- . 4, This Act shall not be con- strued as repealing any part of Chap- ter 14829, Laws of Florida, Acts of 1931. but shall be construed as cum- ulative to the said chapter. Sec. 5. All laws or parts of laws in conflict with the provisions of this Act are hereby expressly repealed. If any provision, section, or part of section of this Act be held to be un- constitutional. it shall not affect the remainder of this Act. Sec. 6. This Act shall become ef- fective immediately upon becoming a law. =m” by the Governor May 30, CHAPTER 19213 AN ACT to Amend Section Five of Chapter 17708, Laws of Florida, Acts of 1937, Being: “An Act Granting to the Several Counties of Florida the Right to Acquire Airports, and De- claring the Acquirement and Opera- tion of Airports to Be a Public and County Purpose: Granting Power to the Several Counties of Florida to acquire Private Property for Aero- nautical Purposes by Eminent Do- gnain; Declaring Manner of Paying for Such Property; Granting Auth- ority to Equip and Improve Airports and to Operate Them and to Es- tablish Fees and Charges, and to Lease Such Ports or Portions There- of; Declaring Manner of Raising and Expending Funds for Airport Oper- ation; Granting Authority to A’ guire Air Rights: to Zone and Regu- late Height of Building and Struc- tures Affecting Air Travel; to Ac- quire Easements for Marking Pur- poses, to Police Airports, and to Cancel Lien of Taxes on Land so Acquired and to Validate Certain Acts.” To Provide for Leasing Such Ports or Portions Thereof to Private Parties for a Term Not Exceeding ‘Twenty Years. Be It Enacted by the Legislature of