FLORIDA CITRUS COMMISSION, APPELLANT,
v.
HI-ACRES CONCENTRATE, INC., A FLORIDA CORPORATION, APPELLEE
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The court held that a regulation requiring an 'easy open' feature on citrus juice containers was invalid because its justification was solely economic benefit, which is not a sufficient basis for exercising police power.
The Florida Citrus Commission sought to enforce regulations requiring composition type containers for frozen concentrated citrus juice to have an 'eas…
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In this suit for declaratory judgment and injuctive relief, the trial court granted summary judgment in favor of the plaintiff, enjoining the Florida Citrus Commission from enforcing its regulations requiring that composition type containers used for retail packs of frozen concentrated citrus juice have an “easy open” feature, on the grounds that the same were unconstitutional.
We affirm the judgment. The affidavits upon which the appellant relied in the trial court establish without contradiction that the purpose of the regulation was to improve the quality of containers used in the citrus industry, thereby selling more citrus juice and thus protecting and promoting the general economic welfare of the Florida citrus industry.
The regulation, to be valid, must bear some reasonable relationship to protection of public safety, health, morals, and general welfare. Stadnik v. Shell’s City, Inc., Fla.1962, 140 So.2d 871. Although the power of the state to make regulations for the protection of its citrus industry under its police power has been sustained many times, the exercise of the police power in this particular field cannot be properly exercised beyond such reasonable interference with the liberty of action of individuals as is reasonably necessary to preserve and protect the public health and welfare. Florida Citrus Commission v. Golden Gift, Inc., Fla. 1956, 91 So.2d 657.
The commission’s determination that requiring the composite type can to have the easy open feature would benefit the citrus industry by increased sale of citrus juices, is simply a determination by such administrative agency that using such type containers would result in economic benefits to the industry. This alone is not a valid basis upon which such regulation can be justified. Cf. Abdo v. City of Daytona Beach, Fla.App.1962, 147 So.2d 598. If this type of container will result in increased sales, the free enterprise system will appropriately adjust to the voluntary use of this type of container without the necessity of mandatory regulations.
Affirmed.
McCAIN and REED, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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The Coca-Cola Co. v. State, 406 So. 2d 1079 (Fla. 1981)…to prevent fraud and deception. They also cite a ease in which the Fourth District Court of Appeal held that economic considerations are an improper basis for exercise of the police power. See Florida Citrus Commission v. Hi-Acres Concentrate, Inc., 227 So. 2d 707 (Fla. 4th DCA 1969), cert. denied, 241 So. 2d 859 (Fla.1970). In Hi-Acres, the court held unconstitutional a rule adopted by the commission which required that composition-type containers of frozen concentrated citrus juice have an “easy open” top,…
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The Fla. Canners Ass'n v. State, 371 So. 2d 503 (Fla. 2d DCA 1979)…s argue that the purpose of the rule is to benefit the general economy of the Florida citrus industry and that this is not a proper subject for the exercise of the state’s police power, citing Florida Citrus Commission v. Hi-Acres Concentrate, Inc., 227 So. 2d 707 (Fla. 4th DCA 1969), cert. denied, 241 So. 2d 859 (Fla.1970). In that case the Fourth District Court of Appeal, in a brief opinion, considered the validity of a rule of Respondent requiring frozen concentrated citrus juice containers to have “easy o…
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Fla. Citrus Comm'n v. Hi-Acres Concentrate, Inc., 241 So. 2d 859 (Fla. 1970)…Certiorari denied. 227 So. 2d 707. ROBERTS, DREW, CARLTON and BOYD, JJ., concur. ERVIN, C. J., dissents.…
Authorities Cited
- Stadnik v. Shell's City, Inc., 140 So. 2d 871 (Fla. 1962)
- Fla. Citrus Comm'n v. Golden Gift, Inc., 91 So. 2d 657 (Fla. 1956)
- Lafy Abdo v. City OF Daytona Beach, 147 So. 2d 598 (Fla. 1st DCA 1962)