Florida Statutes 576.132 – Recovery of damages
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Terms Used In Florida Statutes 576.132
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Dealer: means any person, other than the manufacturer, who offers for sale, sells, barters, or supplies commercial fertilizer. See Florida Statutes 576.011
- Department: means the Department of Agriculture and Consumer Services or its authorized representatives. See Florida Statutes 576.011
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fertilizer: means any substance which:(a) Contains one or more recognized plant nutrients and promotes plant growth, or(b) Controls soil acidity or alkalinity, or(c) Provides other soil enrichment, or(d) Provides other corrective measures to the soil. See Florida Statutes 576.011
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Licensee: means a person who guarantees a fertilizer and receives a license to distribute fertilizer under the provisions of this chapter. See Florida Statutes 576.011
(1) The department may file for penalties due for deficiencies in a court of competent jurisdiction upon 10 days’ notice after the 60 days’ payment period.(2) When penalties are due and unpaid by a nonresident licensee, dealer, or agent, the department may proceed by attachment as provided by law. In the case of nonresident and absconding debtors, the department may proceed against any fertilizer, credits of the licensee, dealer, or agent wherever found within the limits of this state.(3) When fertilizer in lots of one or more tons is delivered in the same car, boat or other form of transport and consigned to more than one purchaser, analysis of one sample shall be considered representative of all the fertilizer and shall entitle each purchaser to the remedies provided by this chapter.(4) All fertilizer analysis reports, when properly verified, shall be competent evidence in any court of law or equity in this state.