The 2023 Florida Statutes (including Special Session C)

Title XXXV
AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY

Chapter 578
SEED

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F.S. 578.26

578.26 Complaint, investigation, hearings, findings, and recommendation prerequisite to legal action.—

(1)(a) When any buyer is damaged by the failure of agricultural, vegetable, flower, tree, or shrub seed planted in this state to produce or perform as represented by the labeling of such seed as required by s. 578.09, as a prerequisite to her or his right to maintain a legal action against the dealer from whom the seed was purchased, the buyer must make a sworn complaint against the dealer alleging damages sustained. The complaint shall be filed with the department, and a copy of the complaint shall be served by the department on the dealer by certified mail, within such time as to permit inspection of the property, crops, plants, or trees referenced in, or related to, the buyer’s complaint by the seed investigation and conciliation council or its representatives and by the dealer from whom the seed was purchased.

(b) For types of claims specified in paragraph (a), the buyer may not commence legal proceedings against the dealer or assert such a claim as a counterclaim or defense in any action brought by the dealer until the findings and recommendations of the seed investigation and conciliation council are transmitted to the complainant and the dealer.

(c) Language setting forth the requirement for filing and serving the complaint shall be legibly typed or printed on the analysis label or be attached to the package containing the seed at the time of purchase by the buyer.

(d) A nonrefundable filing fee of $100 shall be paid to the department with each complaint filed. However, the complainant may recover the filing fee cost from the dealer upon the recommendation of the seed investigation and conciliation council.

(2) Within 15 days after receipt of a copy of the complaint, the dealer shall file with the department her or his answer to the complaint and serve a copy of the answer on the buyer by certified mail.

(3) The department shall refer the complaint and the answer thereto to the seed investigation and conciliation council provided in s. 578.27 for investigation, informal hearing, findings, and recommendation on the matters complained of.

(a) Each party must be allowed to present its side of the dispute at an informal hearing before the seed investigation and conciliation council. Attorneys may be present at the hearing to confer with their clients. However, no attorney may participate directly in the proceeding.

(b) Hearings, including the deliberations of the seed investigation and conciliation council, must be open to the public.

(c) Within 30 days after completion of a hearing, the seed investigation and conciliation council shall transmit its findings and recommendations to the department. Upon receipt of the findings and recommendation of the seed investigation and conciliation council, the department shall transmit them to the buyer and to the dealer by certified mail.

(4) The department shall provide administrative support for the seed investigation and conciliation council and shall mail a copy of the council’s procedures to each party upon receipt of a complaint by the department.

History.—s. 1, ch. 26814, 1951; s. 7, ch. 57-199; ss. 14, 35, ch. 69-106; s. 13, ch. 69-144; s. 1, ch. 83-95; s. 3, ch. 85-62; s. 5, ch. 87-386; s. 3, ch. 88-75; s. 26, ch. 92-143; s. 913, ch. 97-103; s. 85, ch. 2013-18; s. 51, ch. 2018-84.

F.S. 578.26 on Google Scholar

F.S. 578.26 on Casetext

Amendments to 578.26

Arrestable Offenses / Crimes under Fla. Stat. 578.26

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 578.26.

Annotations, Discussions, Cases:

Cases from cite.case.law:

TRA FARMS, INC. v. SYNGENTA SEEDS, INC., 932 F. Supp. 2d 1251 (N.D. Fla. 2013)

. . . defective watermelon seeds and the statutory prerequisite(s) to filing a legal action pursuant to section 578.26 . . . Section 578.26, Florida Statutes Section 578.26, titled “Complaint, investigation, hearing, findings, . . . Stat. § 578.26(l)(a) (emphasis added). . . . Stat §§ 578.26-27. A. . . . Stat. § 578.26(l)(a) (emphasis added). . . .

SIEGERS SEED COMPANY, v. WILLIAMS FARM PARTNERSHIP,, 17 So. 3d 848 (Fla. Dist. Ct. App. 2009)

. . . See §§ 578.26 & 578.27, Fla. Stat. . . .

BURNS INTERNATIONAL SECURITY SERVICES INC. OF FLORIDA, v. PHILADELPHIA INDEMNITY INSURANCE COMPANY, D H D H, 899 So. 2d 361 (Fla. Dist. Ct. App. 2005)

. . . When the amount of damages for Burns’s direct liability ($345,-578.26) is subtracted from the total amount . . .

In ALLIANCE HEALTH OF FORT WORTH, INC. v. L. P., 240 B.R. 699 (N.D. Tex. 1999)

. . . interest in the amount of $3.69 for the period ended December 31, 1991; (b) penalties in the amount of $578.26 . . .

INTERLATIN SUPPLY, INC. v. S M FARM SUPPLY, INC., 654 So. 2d 254 (Fla. Dist. Ct. App. 1995)

. . . defendants directed motions to dismiss which alleged that the plaintiff had failed to comply with section 578.26 . . . Interlatin argues that it is not a “farmer,” and is not subject to the requirements of section 578.26 . . . Section 578.26 provides that when a farmer is damaged by the failure of agricultural seed to perform . . . the farmer’s right to maintain a legal action against the dealer from whom the seed was purchased. § 578.26 . . . these circumstances, where Interlatin failed to fulfil the administrative prerequisites of section 578.26 . . .

R. PLEDGER, v. BURNUP SIMS, INC. a A., 432 So. 2d 1323 (Fla. Dist. Ct. App. 1983)

. . . . § 578.26, Fla.Stat. (1981). . Ch. 672-680 et seq., Fla.Stat. (1981). . . . .

FERRY- MORSE SEED COMPANY, a v. F. HITCHCOCK, d b a, 426 So. 2d 958 (Fla. 1983)

. . . strike the counterclaim and affirmative defense, arguing that Hitchcock’s failure to comply with section 578.26 . . . Hitchcock opposed this motion to strike arguing that: (1) the ten day filing requirement of Section 578.26 . . . After a thorough examination of both sections 578.09 and 578.26(1) of the Florida Seed Law, the trial . . . Section 578.26(1), Florida Statutes (1977), establishes the proper procedure under which a farmer may . . . Hitchcock submits that Ferry-Morse waived the complaint and notice requirements of section 578.26(1), . . .

FERRY- MORSE SEED COMPANY, a v. F. HITCHCOCK, d b a, 644 F.2d 515 (5th Cir. 1981)

. . . . § 578.26. . . . warranty or negligence; and (2) that even if the counterclaim for damages is barred by Fla.Stat. § 578.26 . . . knowledge of the alleged defects in the seed, and therefore waived the notice requirement of Fla.Stat. § 578.26 . . . trial was held solely on the issue of Ferry-Morse’s compliance with the requirements of Fla.Stat. § 578.26 . . . CERTIFIED. . 578.26 Complaint, investigation, findings and recommendation prerequisite to legal action . . .