CopyCited 12 times | Published | Supreme Court of Florida | 1998 WL 732936
...Accordingly, we held that the statute was not an improper delegation of legislative authority where the "statutory guidelines adequately describe[d] the bounds within which the Commission [was] to promulgate its regulations." Id. [5] Similarly, in Rosslow v. State,
401 So.2d 1107 (Fla.1981), the issue was whether section
601.50, Florida Statutes (1977), [6] which granted the Department of Citrus the authority to establish by administrative rule exemptions from a law making it a crime to sell and transport citrus fruit without a certificate of inspection, constituted an unconstitutional delegation of legislative authority. Specifically, section
601.50 listed several categories of fruit sales which could be exempted from the certificate requirement....
...Relying on Atlantic Coast Line and Bailey, we held that the grant of authority to the Department of Citrus did not constitute an unconstitutional delegation of legislative power because section
601.46(1) clearly "sets forth what constitutes unlawful action under the section." Rosslow,
401 So.2d at 1108. Further, we held that section
601.50 sufficiently defined the limits on the authority of the Department of Citrus to create exemptions to the certificate requirement....
...In contrast, Avatar does not challenge the adequacy of DEP's rules, regulations or permit conditions. Indeed, as noted above, we find that the permits issued by DEP expressly state the conditions upon which the permits are issued. [6] Section
601.46 provides, in pertinent part: (1) It is unlawful, except as provided in s.
601.50, for any person to sell or offer for sale, to transport, prepare, receive, or deliver for transportation or market any citrus fruit in fresh form unless such fruit has matured in accordance with the maturity standards and is accompanied by a certificate of inspection ... issued by a duly authorized fruit inspector of the Department of Agriculture and Consumer Services. §
601.46(1), Fla. Stat. (1977). [7] Section
601.50 states in relevant part: [T]he Department of Citrus under such precautionary rules and regulations as it may deem expedient may permit sale or shipment of citrus fruit or the canned or concentrated products thereof without the issuance...
...or to fresh juice distributors outside the state; (4) Shipments by any method of transportation by "gift fruit shippers," as defined by the Department of Citrus, but such shipments shall not be for the purpose of resale by the consignee thereof.... § 601.50, Fla....
CopyCited 4 times | Published | Supreme Court of Florida
...Appellant was charged with transporting citrus fruit in fresh form without a "certificate of inspection and maturity" as required by section
601.46(1), Florida Statutes (1977). That section provides in pertinent part: Condition precedent to sale of citrus fruit. (1) It is unlawful, except as provided in s.
601.50, for any person to sell or offer for sale, to transport, prepare, receive, or deliver for transportation or market any citrus fruit in fresh form unless such fruit has matured in accordance with the maturity standards and is accompanied by a certificate of inspection and maturity thereof issued by a duly authorized citrus fruit inspector of the Department of Agriculture and Consumer Services. Section
601.50, Florida Statutes (1977), the exception provision enumerated in section
601.46, states: Exemptions; sale or shipment of citrus or citrus products for certain purposes....
...that such rules and regulations shall provide for the due collection of any advertising taxes and inspection fees that may be due thereon. Section
601.46 makes it unlawful to transport citrus without an inspection certificate, except as provided in section
601.50. It is appellant's contention that, because section
601.50 gives the Department of Citrus the authority to exempt certain categories of citrus from the certificate requirement, the department in effect chooses which acts are illegal under section
601.46 and which acts are not....
...789 (1919); State ex rel. Young v. Duval County,
76 Fla. 180,
79 So. 692 (1918); State v. Atlantic Coast Line Railway,
56 Fla. 617,
47 So. 969 (1908). We find, however, that the legislature's enactment of section
601.46, even with the exception provision contained in section
601.50, does not constitute prohibited delegation....
...at 976 (emphasis ours). It is our conclusion that the questioned section meets the above criteria. Section
601.46(1) explicitly sets forth what constitutes unlawful action under the section, transporting citrus without an inspection certificate. Moreover, section
601.50 sufficiently defines and limits the authority of the Department of Citrus in creating exceptions to the certificate requirements to meet all constitutional mandates....
...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. Stat. (1977). The definition of the offense contains the clause, "except as provided in s.
601.50... . Section
601.50 creates several broadly defined categories of activity which are excepted *1109 from the operation of section
601.46. Section
601.50 delegates to the Department of Citrus the power to define the exceptions. Therefore the definition of the criminal offense created by section
601.46 depends on the interpretation given by the department to the exceptions in section
601.50....
...eliver for transportation or market "any citrus fruit in fresh form unless such fruit has matured in accordance with the maturity standards and is accompanied by a certificate of inspection and maturity... ." 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. Section
601.50 authorizes the department to permit, "under such precautionary rules and regulations as it may deem expedient," the sale or shipment of fresh, canned, or concentrated citrus fruit without a certificate of inspection and without grading....
...ing, canning, and processing houses, as defined by the department, and to fresh fruit juice distributors. Under subsection (4), the department may allow uninspected, ungraded fruit to be shipped by "gift fruit shippers" as defined by the department. Section 601.50 concludes with a general proviso prohibiting the adoption of any rule permitting "the sale or shipment of citrus fruit deemed by this section to be immature and unfit for human consumption nor of canned or concentrated products thereof...
CopyCited 1 times | Published | District Court of Appeal of Florida
...Therefore, the petition for writ of certiorari is denied. ALLEN, C. J., and SHANNON, J., concur. . Section
601.48. “Grading of canned or concentrated citrus fruit products. All canned or concentrated products of citrus fruit except as provided in §
601.50, sold, or offered for sale, or offered for shipment shall be graded according to the standards established from time to time by the commission, or at the option of the shipper according to the standards as now fixed by the United States dep...
