Bill Text: FL S1648 | 2012 | Regular Session | Comm Sub
Bill Title: Department of Citrus
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2012-03-09 - Laid on Table, refer to CS/CS/HB 1237 -SJ 1246 [S1648 Detail]
Download: Florida-2012-S1648-Comm_Sub.html
Florida Senate - 2012 CS for SB 1648
By the Committee on Agriculture; and Senators Hays and Dean
575-02578-12 20121648c1
1 A bill to be entitled
2 An act relating to the Department of Citrus; amending
3 s. 20.29, F.S.; providing for the appointment,
4 compensation, and powers and duties of the
5 department’s executive director; deleting and
6 conforming obsolete provisions relating to the Florida
7 Citrus Commission; amending ss. 570.55 and 600.041,
8 F.S.; conforming cross-references; amending s. 601.01,
9 F.S.; revising a short title; amending s. 601.03,
10 F.S.; defining the term “department” and conforming
11 definitions for purposes of the Florida Citrus Code;
12 amending s. 601.04, F.S.; revising the qualifications
13 and terms of members of the Florida Citrus Commission;
14 providing for staggered terms of members appointed
15 from each citrus district; providing for shortened
16 terms of current members; specifying that members are
17 eligible for reappointment; deleting obsolete
18 provisions; requiring the commission to elect a chair
19 and secretary; deleting legislative intent relating to
20 redistricting of the commission; amending ss. 601.045,
21 601.05, 601.06, 601.07, and 601.08, F.S.; conforming
22 provisions; amending s. 601.09, F.S.; providing
23 legislative intent; authorizing the commission to
24 submit recommendations to the Legislature for
25 redistricting of the state’s citrus districts;
26 amending s. 601.10, F.S.; revising the department’s
27 powers; deleting provisions relating to the
28 appointment, discharge, compensation, and powers and
29 duties of the department’s executive director;
30 establishing staffing requirements for the department;
31 deleting requirements relating to the days, hours, and
32 other conditions of employment for department
33 employees; conforming provisions; amending s. 601.101,
34 F.S.; conforming provisions; amending s. 601.11, F.S.;
35 revising the powers and duties of the department to
36 adopt maturity and quality standards for citrus fruit
37 and food products thereof; authorizing the department
38 to issue permits for the export of citrus fruit grown
39 in the state to certain foreign countries; authorizing
40 the department to establish standards limiting
41 increases in spacing between stacked field boxes
42 caused by the placement of cleats or other devices on
43 the field boxes; requiring that the commission issue
44 and renew permits for processors of certain
45 concentrated orange juice and suspend or revoke the
46 permits of processors that violate certain rules;
47 requiring that the commission issue emergency quality
48 assurance orders upon determining that freezing
49 temperatures have caused damage or freeze-related
50 injury to citrus fruit; requiring the department to
51 adopt rules; amending s. 601.111, F.S.; revising the
52 department’s authority to modify maturity standards
53 for citrus fruit and the number of commission members
54 required to approve such modifications; revising
55 legislative intent; authorizing the department to
56 adopt emergency rules under certain conditions;
57 amending s. 601.13, F.S.; revising the department’s
58 powers and duties for citrus research; providing for
59 research related to disease and crop efficiency;
60 conforming provisions; amending s. 601.15, F.S.;
61 redesignating the advertising excise tax on citrus
62 fruit as an assessment; revising the maximum rates of
63 such assessments; revising the guarantee requirements
64 for assessment payments; conforming provisions;
65 amending s. 601.152, F.S.; revising the number of
66 commission members required to issue marketing orders
67 for special marketing campaigns and impose assessments
68 upon citrus handlers to defray the expenses of such
69 campaigns; conforming provisions; amending s. 601.155,
70 F.S.; redesignating the equalizing excise tax on
71 processed orange and grapefruit products as an
72 assessment; revising the guarantee requirements for
73 assessment payments; conforming provisions; amending
74 ss. 601.24, 601.25, 601.28, 601.31, 601.32, 601.33,
75 601.34, 601.35, 601.37, 601.38, 601.40, 601.43,
76 601.44, 601.45, 601.46, 601.49, 601.50, 601.501,
77 601.51, 601.52, 601.54, 601.55, 601.56, 601.57,
78 601.58, 601.60, and 601.601, F.S.; conforming
79 provisions and cross-references; amending s. 601.61,
80 F.S.; specifying that the amount of bonds or
81 certificates of deposit that must be furnished by
82 citrus fruit dealer licensees shall be determined by
83 the department pursuant to department rules; deleting
84 obsolete provisions relating to the applicability and
85 effect of certain provisions if such provisions had
86 been determined invalid; amending ss. 601.64, 601.66,
87 601.67, 601.69, 601.70, 601.701, 601.731, 601.74,
88 601.75, 601.76, 601.77, 601.78, and 601.80, F.S.;
89 conforming provisions; amending ss. 601.85 and 601.86,
90 F.S.; specifying dimensions for standard shipping
91 boxes and standard field boxes for fresh citrus fruit;
92 revising circumstances under which such standard boxes
93 must be used; amending ss. 601.91, 601.9901, 601.9902,
94 601.9903, and 601.99035, F.S.; conforming provisions;
95 amending s. 601.99036, F.S.; revising requirements for
96 the commission’s approval of changes in the salaries
97 of certain employees; amending ss. 601.9904, 601.9908,
98 601.9910, 601.9911, 601.9918, and 601.992, F.S.;
99 conforming provisions; amending s. 603.161, F.S.;
100 conforming a cross-reference; repealing ss. 601.16,
101 601.17, 601.18, 601.19, 601.20, 601.21, and 601.22,
102 F.S., relating to maturity and quality standards for
103 grapefruit, oranges, and tangerines; repealing s.
104 601.87, F.S., relating to limits on increased spacing
105 between stacked field boxes caused by the placement of
106 cleats or other devices on the field boxes; repealing
107 ss. 601.90 and 601.901, F.S., relating to the issuance
108 of emergency quality assurance orders following
109 freezing temperatures that cause damage or freeze
110 related injury to citrus fruit and the use of such
111 freeze-damaged citrus fruit in frozen concentrated
112 products; repealing s. 601.981, F.S., relating to
113 permits for the export to certain foreign countries of
114 citrus fruit grown in the state and quality standards
115 for such exported fruit; repealing s. 601.9905, F.S.,
116 relating to quality standards and labeling
117 requirements for canned orange juice; repealing s.
118 601.9906, F.S., relating to quality standards for
119 certain grapefruit juice products; repealing ss.
120 601.9907, 601.9909, and 601.9913, F.S., relating to
121 quality standards and labeling requirements for canned
122 blends of orange juice and grapefruit juice, frozen
123 concentrated orange juice, and high-density frozen
124 concentrated orange juice sold in retail,
125 institutional, or bulk size containers; repealing s.
126 601.9914, F.S., relating to authority of the
127 commission to adopt rules modifying citrus juice
128 quality standards for specified purposes; repealing s.
129 601.9916, F.S., relating to the issuance of permits
130 for the processing, shipping, and sale of frozen
131 concentrated orange juice or concentrated orange juice
132 for manufacturing into which certain nutritive
133 sweetening ingredients are added, the inspection of
134 such processors, and quality standards and labeling
135 requirements for such concentrated orange juice;
136 providing effective dates.
137
138 Be It Enacted by the Legislature of the State of Florida:
139
140 Section 1. Section 20.29, Florida Statutes, is amended to
141 read:
142 (Substantial rewording of section. See
143 s. 20.29, F.S., for present text.)
144 20.29 Department of Citrus; Florida Citrus Commission;
145 executive director.—
146 (1) The head of the Department of Citrus is the Florida
147 Citrus Commission created under s. 601.04.
148 (2) The executive director of the Department of Citrus
149 shall be appointed by a majority vote of, and serves at the
150 pleasure of, the Florida Citrus Commission. The Florida Citrus
151 Commission shall fix the executive director’s compensation and,
152 in addition to any powers and duties assigned to the executive
153 director by law, shall assign the executive director’s powers
154 and duties.
155 Section 2. Paragraph (h) of subsection (3) of section
156 570.55, Florida Statutes, is amended to read:
157 570.55 Identification of sellers or handlers of tropical or
158 subtropical fruit and vegetables; containers specified;
159 penalties.—
160 (3) DEFINITIONS.—As used in this section:
161 (h) “Tropical or subtropical fruit” means avocados,
162 bananas, calamondins, carambolas, guavas, kumquats, limes,
163 longans, loquats, lychees, mameys, mangoes, papayas, passion
164 fruit, sapodillas, and fruit that must be grown in tropical or
165 semitropical regions, except citrus fruit as defined in s.
166 601.03(7).
167 Section 3. Subsection (11) of section 600.041, Florida
168 Statutes, is amended to read:
169 600.041 Definitions.—As used in this act, the following
170 terms have the following meanings:
171 (11) “Standard-packed box” has the same meaning means a
172 unit of measure as provided defined in s. 601.03(33).
173 Section 4. Section 601.01, Florida Statutes, is amended to
174 read:
175 601.01 Short title.—This chapter may be known and cited as
176 the “Florida “The Florida Citrus Code of 1949.”
177 Section 5. Section 601.03, Florida Statutes, is amended to
178 read:
179 601.03 Definitions.—As used in construing this chapter,
180 where the context permits the word, phrase, or term:
181 (1) “Additive” means any foreign substance which, when
182 added to any citrus fruit juice, will change the amount of total
183 soluble solids or anhydrous citric acid therein, or the color or
184 taste thereof, or act as an artificial preservative thereof.;
185 (2) “Agent” means any person who, on behalf of any citrus
186 fruit dealer, negotiates the consignment, purchase, or sale of
187 citrus fruit, or weighs citrus fruit so that the weight thereof
188 may be used in computing the amount to be paid therefor.;
189 (3) “Broker” means any person engaged in the business of
190 negotiating the sale or purchase of citrus fruit for others.;
191 (4) “Canned products” means juices, segments, or sections
192 of citrus fruits sealed in hermetically sealed containers at a
193 concentration that does of not exceed exceeding 20 degrees Brix
194 and sufficiently processed by heat to ensure preservation of the
195 product, and when regulated by the department of Citrus, these
196 same products packed in any other manner or in any other type
197 container.;
198 (5) “Canning plant” means any building, structure, or place
199 where citrus fruit or the juice thereof is canned or prepared
200 for canning at a concentration that does of not exceed exceeding
201 20 degrees Brix for market or shipment.;
202 (6) “Cash buyer” means any person who purchases citrus
203 fruit in this state from the producer for the purpose of
204 resale.;
205 (7) “Citrus fruit” means all varieties and regulated
206 hybrids of citrus fruit and also means processed citrus products
207 containing 20 percent or more citrus fruit or citrus fruit
208 juice. The term does not, but, for the purposes of this chapter,
209 shall not mean limes, lemons, marmalade, jellies, preserves,
210 candies, or citrus hybrids for which no specific standards have
211 not been established by the department. of Citrus;
212 (8) “Citrus fruit dealer” means any consignor, commission
213 merchant, consignment shipper, cash buyer, broker, association,
214 cooperative association, express or gift fruit shipper, or
215 person who in any manner makes or attempts to make money or
216 other thing of value on citrus fruit in any manner whatsoever,
217 other than of growing or producing citrus fruit., but The term
218 does shall not include retail establishments whose sales are
219 direct to consumers and not for resale or persons or firms
220 trading solely in citrus futures contracts on a regulated
221 commodity exchange.;
222 (9)(37) “Citrus hybrids” includes, means but is shall not
223 be limited to, hybrids between or among sour orange (C.
224 aurantium), pummelo (C. grandis), lemon (C. limon), lime (C.
225 aurantifolia), citron (C. medica), grapefruit (C. paradisi),
226 tangerine or mandarin orange (C. reticulata), sweet orange (C.
227 sinensis), tangelo (C. reticulata x C. paradisi or C. grandis),
228 tangor (C. reticulata x C. sinensis), kumquat (Fortunella,
229 species), trifoliate orange (Poncirus trifoliata), and varieties
230 of these species.;
231 (10)(9) “Citrus producing area” means that part or parts of
232 the state in which citrus fruit is grown or produced.;
233 (11)(10) “Color-add” or “color-added” means the application
234 or use of any coloring matter to any citrus fruit.;
235 (12)(11) “Coloring matter” means any dye, or any liquid or
236 concentrate or material containing a dye or materials that which
237 react to form a dye, used or intended to be used for the purpose
238 of enhancing the color of citrus fruit by the addition of
239 artificial color to the peel thereof. The; provided that said
240 term does shall not include any process or treatment of fruit
241 that which merely brings out or accelerates the natural color of
242 the fruit.;
243 (13) “Commission” means the Florida Citrus Commission as
244 head of the department. of Citrus;
245 (14)(15) “Commission merchant” means any person engaged in
246 the business of receiving any citrus fruit for sale on
247 commission for or on behalf of another.;
248 (15)(16) “Concentrated products” means:
249 (a) Frozen citrus fruit juice frozen that has at a
250 concentration that exceeds of exceeding 20 degrees Brix and is
251 kept at a sufficiently freezing temperature to ensure
252 preservation of the product; or and
253 (b) Citrus fruit juice that is sealed in hermetically
254 sealed containers at a concentration that exceeds of exceeding
255 20 degrees Brix and is sufficiently processed by heat to ensure
256 preservation of the product.;
257 (16)(17) “Concentrating plant” means any building,
258 structure, or place where citrus fruit is canned, frozen, or
259 prepared for canning or freezing at a concentration that exceeds
260 of more than 20 degrees Brix for market or shipment.;
261 (17)(18) “Consignment shipper” means any person who
262 contracts with the producer of citrus fruit for the marketing
263 thereof for the sole account and risk of such producer and who
264 agrees to pay such producer the net proceeds derived from such
265 sale.;
266 (18)(19) “Consignor” means any person, other than a
267 producer, who ships or delivers to any commission merchant or
268 dealer any citrus fruit for handling, sale, or resale.;
269 (19)(12) “Degreening Coloring room” means any room or place
270 where citrus fruit is placed, with or without the use of heat or
271 any gas, for the purpose of bringing out the natural color of
272 the fruit.;
273 (20) “Department” means the Department of Citrus.
274 (21)(14) “Department of Agriculture” means the Department
275 of Agriculture and Consumer Services. of the State of Florida;
276 (22)(20) “Express or gift fruit shipper” means any person
277 having an established place of business who ships or delivers
278 for transportation in any manner, citrus fruit to a consumer and
279 not for the purpose of resale.;
280 (23)(21) “Fresh fruit juice distributor” means any person
281 extracting and preparing for market or shipment any citrus fruit
282 juice in fresh form.;
283 (24)(22) “Grapefruit” means the fruit Citrus paradisi
284 Macf., commonly called grapefruit. The term includes the and
285 shall include white, red, and pink meated varieties of
286 grapefruit.;
287 (25)(23) “Handler” means any person engaged within this
288 state in the business of distributing citrus fruit in the
289 primary channel of trade or any person engaged as a processor in
290 the business of processing citrus fruit.;
291 (26)(35) “Lemons” or “rough lemons” including “rough”
292 lemons means the acid lemons of Citrus limon, including the
293 varieties eureka, genoa, wheatley, amerfo, belair, and
294 villafranca of the Eureka group; varieties bonnie brae, kennedy,
295 lisbon, messer, messina, and sicily of the Lisbon group;
296 varieties meyer, cuban, ponderosa, and rough of the Anomalous
297 group; varieties dorshapo and millsweet of the Sweet Lemon
298 group;, and other varieties not included in this subsection,
299 above such as everbearing, palestine sweet, perrine, and
300 spheriola.;
301 (27)(24) “Manufacturer” means any person who manufactures
302 shall manufacture, sells sell or offers offer for sale, or
303 licenses license or offers offer for license for use any
304 coloring matter, or any soaps, oils, waxes, gases, gas-forming
305 material, or other similar compositions, or the component parts
306 thereof on or in the processing of citrus fruits.;
307 (28)(25) “Oranges” means the fruit Citrus sinensis Osbeck,
308 commonly called sweet oranges.;
309 (29)(26) “Packinghouse” means any building, structure, or
310 place where citrus fruit is packed or otherwise prepared for
311 market or shipment in fresh form.;
312 (30)(27) “Person” means any natural person, partnership,
313 association, corporation, trust, estate, or other legal entity.;
314 (31)(28) “Primary channel of trade” means the routes
315 through which citrus fruit is marketed. Citrus that fruit is
316 shall be deemed to be have been delivered into the primary
317 channel of trade when it is sold or delivered for shipment in
318 fresh form, or when it is received and accepted at a canning,
319 concentrating, or processing plant for canning, concentrating,
320 or processing.;
321 (32)(38) “Processor” means any person engaged within this
322 state in the business of canning, concentrating, or otherwise
323 processing citrus fruit for market other than for shipment in
324 fresh fruit form.
325 (33)(29) “Producer” means any person growing or producing
326 citrus in this state for market.;
327 (34)(30) “Ship” or “shipping” means to move, or cause to be
328 moved, citrus fruit or the canned or concentrated products
329 thereof to be moved in intrastate, interstate, or foreign
330 commerce by rail, truck, boat, or airplane, or any other means.;
331 (35)(31) “Shipper” means any person engaged in shipping, or
332 causing to be shipped, citrus fruit or the canned or
333 concentrated products thereof in intrastate, interstate, or
334 foreign commerce, whether as owner, agent, or otherwise.;
335 (36)(32) “Shipping season” means that period of time
336 beginning August 1 of one year and ending July 31 of the
337 following year.;
338 (37)(36) “Sour or bitter oranges”—“sour” or “bitter”
339 oranges means the fruit of Citrus aurantium L. and contains
340 several subspecies. Among the most important are varieties
341 african, brazilian, rubidoux, and standard of the Normal group;
342 varieties daidai, goleta, and bouquet of the Aberrant group;
343 variety chinooto of the Myrtifolia group; and varieties
344 bittersweet and paraguay of the Bittersweet group.;
345 (38)(33) “Standard packed box” means 1 3/5 bushels of
346 citrus fruit, whether in bulk or containers.;
347 (39)(34) “Tangerines” means the fruit Citrus reticulata
348 Blanco, commonly called tangerines.;
349 Section 6. Section 601.04, Florida Statutes, is amended to
350 read:
351 601.04 Florida Citrus Commission; creation and membership.—
352 (1)(a) There is created and established within the
353 department of Citrus a board to be known and designated as the
354 “Florida Citrus Commission,” which shall to be composed of nine
355 members appointed by the Governor. Each member must be a
356 practical citrus fruit persons who are resident citizen citizens
357 of the state who, each of whom is and has been actively engaged
358 in the growing, growing and shipping, or growing and processing
359 of citrus fruit in the state for a period of at least 5 years
360 immediately before prior to appointment to the said commission
361 and has, during that 5-year said period:,
362 1. Derived a major portion of her or his income from such
363 growing, growing and shipping, or growing and processing of
364 citrus fruit; therefrom or, during said time, has
365 2. Been the owner of, member of, officer of, or paid
366 employee of a corporation, firm, or partnership that which has,
367 during that 5-year period said time, derived the major portion
368 of its income from such the growing, growing and shipping, or
369 growing and processing of citrus fruit.
370 (b)1. Six members of the commission shall be classified
371 designated as grower members and shall be primarily engaged in
372 the growing of citrus fruit as an individual owner; as the owner
373 of, or as stockholder of, a corporation; or as a member of a
374 firm or partnership primarily engaged in citrus growing. None of
375 Such members may not shall receive any compensation from any
376 licensed citrus fruit dealer or handler, as defined in s.
377 601.03, other than gift fruit shippers, but any of the grower
378 members shall not be disqualified as a member if, individually,
379 or as the owner of, a member of, an officer of, or a stockholder
380 of a corporation, firm, or partnership primarily engaged in
381 citrus growing which processes, packs, and markets its own fruit
382 and whose business is primarily not purchasing and handling
383 fruit grown by others.
384 2. Three members of the commission shall be classified
385 designated as grower-handler members and shall be engaged as
386 owners, or as paid officers or employees, of a corporation,
387 firm, partnership, or other business unit engaged in handling
388 citrus fruit. One of such member three grower-handler members
389 shall be primarily engaged in the fresh fruit business, and two
390 of such three grower-handler members shall be primarily engaged
391 in the processing of citrus fruits.
392 (2)(a)(c) There shall be Three commission members shall be
393 appointed of the commission from each of the three citrus
394 districts designated in s. 601.09. Members appointed from the
395 same citrus district shall serve staggered terms, such that the
396 term of one of the district’s three members expires each year.
397 Each member must reside in the district from which she or he was
398 appointed. For the purposes of this section, a member’s the
399 residence is her or his of a member shall be the actual physical
400 and permanent residence of the member.
401 (b)(2)(a) The Members of such commission shall possess the
402 qualifications herein provided and shall be appointed to by the
403 Governor for terms of 3 years each, except that, to establish
404 staggered terms of members from each citrus district, the terms
405 of members appointed before July 1, 2012, shall be shortened as
406 follows:
407 1. The term of one member from each citrus district shall
408 expire June 30, 2012, and her or his successor shall be
409 appointed to a term beginning July 1, 2012, and expiring May 31,
410 2015.
411 2. The term of one member from each citrus district shall
412 expire June 30, 2013, and her or his successor shall be
413 appointed to a term beginning July 1, 2013, and expiring May 31,
414 2016.
415 3. The term of one member from each citrus district shall
416 expire June 30, 2014, and her or his successor shall be
417 appointed to a term beginning July 1, 2014, and ending May 31,
418 2017.
419 4. Subsequent appointments shall be made in accordance with
420 this section.
421
422 Appointments shall be made by February 1 preceding the
423 commencement of the term and are shall be subject to
424 confirmation by the Senate in the following legislative session.
425 Each member is eligible for reappointment and Four members shall
426 be appointed each year. Such members shall serve until her or
427 his successor is their respective successors are appointed and
428 qualified. The regular terms shall begin on June 1 and expire
429 shall end on May 31 of the third year after such appointment.
430 Effective July 1, 2011, the terms of all members of the
431 commission appointed on or before May 1, 2011, are terminated
432 and the Governor shall appoint the members of the commission in
433 accordance with the provisions of this act.
434 (c)(b) When appointments are made, the Governor shall
435 publicly announce the actual classification and district that
436 each appointee represents. A majority of the members of the
437 commission shall constitute a quorum for the transaction of all
438 business and the carrying out of the duties of the commission.
439 Before entering upon the discharge of their duties as members of
440 the commission, each member shall take and subscribe to the oath
441 of office prescribed in s. 5, Art. II of the State Constitution.
442 The qualifications and classification required qualification of
443 each member by this section continue to be as herein required
444 shall continue throughout the respective term of office, and if
445 in the event a member should, after appointment, fails fail to
446 meet the qualifications or classification that which she or he
447 possessed at the time of appointment as above set forth, the
448 such member must shall resign or be removed and be replaced with
449 a member possessing the proper qualifications and
450 classification.
451 (d)(c) When making an appointment to the commission, the
452 Governor shall announce the district, and classification, and
453 term of the person appointed.
454 (3)(a) The commission shall is authorized to elect a chair
455 and secretary and may elect a vice chair and such other officers
456 as the commission deems it may deem advisable.
457 (b) The chair, subject to commission concurrence, may
458 appoint such advisory committees or councils composed of
459 industry representatives as the chair deems appropriate, setting
460 forth the areas of committee or council concerns that concern
461 which are consistent with the statutory powers and duties of the
462 commission and the department of Citrus.
463 (4) It is the intent of the Legislature that the commission
464 be redistricted every 5 years. Redistricting shall be based on
465 the total boxes produced from each of the three districts during
466 that 5-year period.
467 Section 7. Section 601.045, Florida Statutes, is amended to
468 read:
469 601.045 Department auditor’s report; Commission meetings;
470 report of department’s internal auditor meeting agenda item.—The
471 Florida Citrus commission shall include as an agenda item at
472 each regularly scheduled meeting a report by the department’s
473 internal auditor of the department of Citrus.
474 Section 8. Section 601.05, Florida Statutes, is amended to
475 read:
476 601.05 Department of Citrus a body corporate.—The
477 department of Citrus shall be a body corporate, shall have power
478 to contract and be contracted with, and shall have and possess
479 all the powers of a body corporate for all purposes necessary
480 for fully carrying out the provisions and requirements of this
481 chapter. The department of Citrus shall adopt a corporate seal
482 with which it shall authenticate its proceedings.
483 Section 9. Section 601.06, Florida Statutes, is amended to
484 read:
485 601.06 Compensation and expenses of commission members.
486 Each member of the commission shall receive the sum of $25 per
487 day for each day or fraction thereof spent while en route to or
488 from, or in actual attendance at, regular or special meetings of
489 the commission or meetings of committees of the commission, or
490 in transacting other business authorized by the department of
491 Citrus in addition to per diem and reimbursement of expenses as
492 authorized by law.
493 Section 10. Section 601.07, Florida Statutes, is amended to
494 read:
495 601.07 Location of executive offices.—The department’s
496 executive offices of the Department of Citrus shall be
497 established and maintained at Bartow.
498 Section 11. Section 601.08, Florida Statutes, is amended to
499 read:
500 601.08 Authenticated copies of commission records as
501 evidence.—Copies of the proceedings, records, and acts of the
502 commission and certificates purporting to relate the facts
503 concerning such proceedings, records, and acts signed by the
504 chair of the commission and authenticated by the department’s
505 seal of the Department of Citrus shall be prima facie evidence
506 thereof in all the courts of the state.
507 Section 12. Section 601.09, Florida Statutes, is amended to
508 read:
509 601.09 Citrus districts.—
510 (1) For purposes of this chapter, the state is divided into
511 three districts composed of:
512 (a)(1) Citrus District One: Levy, Alachua, Brevard, Putnam,
513 St. Johns, St. Lucie, Flagler, Indian River, Marion, Seminole,
514 Orange, Okeechobee, Polk, Volusia, and Osceola Counties.
515 (b)(2) Citrus District Two: Hardee, DeSoto, Highlands, and
516 Glades Counties.
517 (c)(3) Citrus District Three: Charlotte, Citrus, Collier,
518 Hernando, Hendry, Hillsborough, Lake, Lee, Manatee, Monroe,
519 Martin, Pasco, Palm Beach, Pinellas, Sarasota, Sumter, Broward,
520 and Miami-Dade Counties.
521 (2) The Legislature intends that the citrus districts be
522 reviewed and, if necessary to maintain substantially equal
523 volumes of citrus production within each district, redistricted
524 every 5 years. The commission may, once every 5 years, review
525 the citrus districts based on the total boxes produced within
526 each district during the preceding 5 years and, based on the
527 commission’s findings, submit recommendations to the Legislature
528 for redistricting in accordance with this subsection.
529 Section 13. Section 601.10, Florida Statutes, is amended to
530 read:
531 601.10 Powers of the Department of Citrus.—The department
532 of Citrus shall have and shall exercise such general and
533 specific powers as are delegated to it by this chapter and other
534 statutes of the state, which powers shall include, but are shall
535 not limited be confined to, the following:
536 (1) To adopt and periodically, from time to time, alter,
537 rescind, modify, or amend all proper and necessary rules,
538 regulations, and orders for the exercise of its powers and the
539 performance of its duties under this chapter and other statutes
540 of the state, which rules and orders regulations shall have the
541 force and effect of law when not inconsistent therewith.
542 (2) To act as the general supervisory authority over the
543 administration and enforcement of this chapter and to exercise
544 such other powers and perform such other duties as may be
545 imposed upon it by other laws of the state.
546 (3) To employ and, at its pleasure, discharge an executive
547 director as it deems necessary and to outline his or her powers
548 and duties and fix his or her compensation.
549 (a) The executive director of the department shall be
550 appointed by a majority vote of the commission for a term of 4
551 years, except for the initial term, and the executive director
552 shall be subject to confirmation by the Senate in the
553 legislative session following appointment.
554 1. The initial term of the executive director ends June 30,
555 2011, and each subsequent 4-year term begins July 1, and shall
556 be filled in the same manner as the original appointment.
557 2. A vacancy for the executive director shall be filled for
558 the unexpired portion of the term in the same manner as the
559 original appointment.
560 (a)(b) To The department of Citrus may pay, or participate
561 in the payment of, premiums for health, accident, and life
562 insurance for its full-time employees, pursuant to such rules or
563 regulations as the department it may adopt,; and such payments
564 are in addition to the regular salaries of such full-time
565 employees. The payment of such or similar benefits to its
566 employees in foreign countries, including, but not limited to,
567 social security, retirement, and other similar fringe benefit
568 costs, may be in accordance with laws in effect in the country
569 of employment, except that no benefits will be payable to
570 employees not authorized for other state employees, as provided
571 in the Career Service System.
572 (b) Subject to all applicable rules adopted by the
573 Department of Management Services, the department shall be
574 staffed 5 days per week, 40 hours per week, as necessary to
575 accommodate industry inquiries. However, the executive director,
576 with the commission’s approval, may establish alternative
577 schedules for individual department employees to ensure maximum
578 efficiencies.
579 (c) Employees of the department shall work a 5-day, 40-hour
580 week. Unless an employee is on approved leave, an employee’s
581 salary shall be decreased by 20 percent for each day not worked
582 during the 5-day work week if the employee chooses to regularly
583 work less than a 5-day work week.
584 (4) To purchase or authorize the purchase of all office
585 equipment and supplies and to incur all necessary expenses in
586 connection with and required for the proper administration
587 carrying out of the provisions of this chapter and other
588 applicable laws.
589 (5) To investigate violations of the provisions of this
590 chapter and other laws conferring powers and duties upon the
591 department of Citrus, and to report its findings or
592 recommendations in connection therewith to the Department of
593 Agriculture and Consumer Services.
594 (6) To incur such reasonable obligations and expenses as
595 may be necessary and proper for the discharge of its powers and
596 duties under this or other laws, and to have such obligations
597 and expenses paid out of the funds authorized by law to be
598 collected and expended. The department’s executive director of
599 the Department of Citrus, or such other person specifically
600 designated by the commission to act in the event the executive
601 director is either unable or not available to act, is authorized
602 to execute, on behalf of the department, contracts and
603 agreements previously approved by the commission during a
604 regular or special meeting, on behalf of the Department of
605 Citrus; and the secretary or assistant secretary of the
606 commission is authorized to attest to the signature of the
607 executive director or other designated person.
608 (7) To adopt, promulgate, alter, rescind, modify, amend or
609 repeal, and enforce rules that and regulations and establish
610 minimum maturity and quality standards for citrus fruits not
611 inconsistent with existing laws or that, to regulate and control
612 methods and practices followed or used in harvesting, grading,
613 packing, extracting, canning, concentrating, sectionizing, or
614 otherwise processing citrus fruits or citrus juices or the
615 products thereof for human consumption, including the addition
616 or prohibition of any and all additives, and including
617 application to or use of coloring matter thereon and coloring of
618 fruit by placing in a degreening coloring room with or without
619 use of heat or any form of gas in such process, to the end that
620 such methods and practices as affect the eating and keeping
621 qualities and depreciate the value of citrus fruits or the
622 juices or other food products thereof in any form may be
623 minimized to the greatest extent possible, if not altogether
624 eliminated.
625 (8) To prepare and disseminate information of importance to
626 citrus growers, handlers, shippers, processors, and industry
627 related and interested persons and organizations, relating to
628 department of Citrus activities and the production, handling,
629 shipping, processing, and marketing of citrus fruit and
630 processed citrus products. Any information that constitutes
631 which consists of a trade secret as defined in s. 812.081(1)(c)
632 is confidential and exempt from the provisions of s. 119.07(1),
633 and shall not be disclosed. For referendum and other notice and
634 informational purposes, the department of Citrus may prepare and
635 maintain, from the best available sources, a citrus grower
636 mailing list. Such list shall be a public record available as
637 other public records, but it shall not be subject to the purging
638 provisions of s. 283.55.
639 (9) When, in the opinion of the department of Citrus, the
640 tax revenues collected pursuant to assessments levied under this
641 chapter, whether allocated for research, advertising or
642 promotion, reserve funds, advertising incentive plans, or other
643 purposes, are not immediately needed for the purpose for which
644 such funds are provided, the Chief Financial Officer is
645 authorized and shall, upon the request and approval of the
646 department of Citrus, or its executive director general manager
647 if she or he has been given such authority, invest and reinvest
648 the funds designated and for the period of time specified in
649 such request. In the investment of such funds, the Chief
650 Financial Officer has shall have the powers and is be subject to
651 the limitations provided for in s. 17.61.
652 (10) Subject to the concurrence of the Chief Financial
653 Officer, whenever the department contracts with a foreign entity
654 for performance of services or the purchase of materials, and
655 such contract requires payment in equivalent foreign currency,
656 the department may, for payment of such contract obligation,
657 deposit sufficient state funds in a foreign bank, or purchase
658 foreign currency at the current market rate, up to an amount not
659 in excess of the contract obligation. All payments from these
660 funds must have prior audit approval from the office of the
661 Chief Financial Officer.
662 (11) To conduct an annual merchandising and management
663 meeting in this state for department field personnel and to make
664 direct payment, by means of vendor contracts approved by the
665 commission, for all necessary lodging, meals, facilities, and
666 training expenses for department employees attending such annual
667 meeting, in lieu of payment of individual employee per diem
668 allowances as established by s. 112.061.
669 (12) Notwithstanding the provisions of part I of chapter
670 287, to adopt promulgate rules for the purpose of entering into
671 contracts that which are primarily for promotional and
672 advertising services and promotional events, which may include
673 commodities involving a service. Such rules shall include the
674 authority to negotiate costs with the offerors of such services
675 and commodities who have been determined to be qualified on the
676 basis of technical merit, creative ability, and professional
677 competency. Contracts pursuant to this subsection may provide
678 for advance payments when the department determines that such
679 provision is essential to acquiring the service.
680 (13) To investigate or address the transportation problems
681 affecting the citrus industry.
682 (14) To investigate or research the mechanical harvesting
683 of citrus fruit grown in the state Florida.
684 (15) To provide by rule a list of forms used in conducting
685 its business. The adoption of such rule constitutes sufficient
686 notice to the public of the existence of the forms and negates
687 the need to place specific citation to such list throughout the
688 related chapters of the Florida Administrative Code.
689 Section 14. Section 601.101, Florida Statutes, is amended
690 to read:
691 601.101 Ownership of rights under patent and trademark laws
692 developed or acquired under pursuant to the authorities of this
693 chapter.—Notwithstanding any provision of chapter 286, the legal
694 title and every right, interest, claim, or demand of any kind in
695 and to any patent, trademark, copyright, certification mark, or
696 other right acquired under the patent and trademark laws of the
697 United States, or this state, or any foreign country, or the
698 application therefor for the same, now, heretofore, or that is
699 or as may subsequently be hereafter owned or held, acquired, or
700 developed by the department of Citrus, under the authority and
701 directions given it by this chapter, is vested in the department
702 of Citrus for the use, benefit, and purposes provided in this
703 chapter. The department of Citrus is hereby vested with and may
704 is authorized to exercise any and all of the normal incidents of
705 such ownership, including the receipt and disposition of
706 royalties. Any sums received as royalties from any such rights
707 are hereby appropriated to the department of Citrus for any and
708 all of the purposes and uses provided in this chapter.
709 Section 15. Section 601.11, Florida Statutes, is amended to
710 read:
711 601.11 Power of Department of Citrus; power to establish
712 standards; rulemaking authority.—
713 (1) The department of Citrus shall have the power to: have
714 full and plenary power to, and may,
715 (a) Establish state grades and minimum maturity and quality
716 standards not inconsistent with existing laws for citrus fruits
717 and food products thereof containing 20 percent or more citrus
718 or citrus juice, whether canned, or concentrated, or otherwise
719 processed, including standards for frozen concentrate for
720 manufacturing purposes, and for containers therefor. These
721 standards must be designed to increase the acceptance and
722 consumption by the consuming public of such regulated citrus
723 fruits and food products thereof and may include, but are not
724 limited to, standards for:
725 1. Color break, predominant color, total soluble solids,
726 juice content, and ratio of soluble solids of the juice to
727 anhydrous citric acid of oranges, grapefruit, and tangerines.
728 2. Total soluble solids, juice content, and ratio of
729 soluble solids of the juice to anhydrous citric acid of citrus
730 fruit grown in the state for export to foreign countries other
731 than Canada and Mexico.
732 3. Canned orange juice or frozen concentrated orange juice
733 that is sold, offered for sale, shipped, or offered for
734 shipment, including, but not limited to, standards for total
735 soluble solids, ratio of soluble solids of juice to anhydrous
736 citric acid, amount of anhydrous citric acid, amount of
737 recoverable oil, color, taste, flavor, and absence of additives
738 or defects, and labeling requirements for substandard juice.
739 These standards may establish separate density, compositional,
740 labeling, and inspection requirements for high-density frozen
741 concentrated orange juice that is sold, offered for sale,
742 shipped, or offered for shipment in retail, institutional, or
743 bulk size containers.
744 4. The processing, shipping, and sale of frozen
745 concentrated orange juice and concentrated orange juice for
746 manufacturing to which nutritive sweetening ingredients are
747 added, including, but not limited to, total soluble solids of
748 orange juice exclusive of the added nutritive sweetening
749 ingredients; labeling requirements; and requirements for the
750 inspection and reinspection of such concentrated orange juice
751 before and after nutritive sweetening ingredients are added.
752 5. Grapefruit juice products, including, but not limited
753 to, standards for the ratio of soluble solids of juice to
754 anhydrous citric acid and any other standards designed to
755 increase the acceptance and consumption by the consuming public
756 of such regulated grapefruit juice products.
757 6. Canned blends of orange juice and grapefruit juice that
758 are sold, offered for sale, shipped, or offered for shipment,
759 including, but not limited to, standards for total soluble
760 solids, ratio of soluble solids of juice to anhydrous citric
761 acid, amount of anhydrous citric acid, amount of recoverable
762 oil, color, taste, flavor, absence of defects, and labeling
763 requirements for substandard juice blends.
764 (b) Issue permits for the export to foreign countries other
765 than Canada and Mexico of citrus fruit grown in the state which
766 complies with the standards established under subparagraph (a)2.
767 (c) Establish standards limiting any increase of spacing
768 between stacked field boxes caused by the placement of cleats or
769 other devices on the field boxes.
770 (2) The commission shall:
771 (a) Issue and renew permits for processors of frozen
772 concentrated orange juice and concentrated orange juice for
773 manufacturing to which nutritive sweetening ingredients are
774 added and, in addition to disciplinary action that may be taken
775 by the Department of Agriculture against a citrus fruit dealer
776 for violations of this chapter, suspend or revoke the permit of
777 any processor that does not comply with the standards
778 established under subparagraph (1)(a)4.
779 (b) Determine whether freezing temperatures have caused
780 damage or freeze-related injury as described in s. 601.89 to
781 citrus fruit and, if the commission determines that such damage
782 has been caused, issue emergency quality assurance orders that:
783 1. Temporarily prohibit the preparation for market, sale,
784 offer for sale, or shipment of any citrus fruit showing freeze
785 damage or freeze-related injury.
786 2. Establish the degree of freeze damage or freeze-related
787 injury that is temporarily permitted in citrus fruit used in
788 frozen concentrated products, including concentrate for
789 manufacturing purposes.
790 (3) The department shall adopt prescribe rules or
791 regulations governing:
792 (a) The marking, branding, labeling, tagging, or stamping
793 of citrus fruit, or products thereof, whether canned, or
794 concentrated, or otherwise processed, and upon containers
795 therefor for the purpose of showing the name and address of the
796 person marketing such citrus fruit or products thereof, whether
797 canned, or concentrated, or otherwise processed.;
798 (b) The grade, quality, variety, type, or size of citrus
799 fruit;, the grade, quality, variety, type, and amount of the
800 products thereof, whether canned, or concentrated, or otherwise
801 processed;, and the quality, type, size, dimensions, and shape
802 of containers therefor.,
803 (c) The regulation and to regulate or prohibition of
804 prohibit the use of containers that which have been previously
805 have been used for the sale, transportation, or shipment of
806 citrus fruit or the products thereof, whether canned, or
807 concentrated, or otherwise processed, or any other commodity.;
808 provided, However, the department may not prohibit that the use
809 of secondhand containers for the sale or and delivery of citrus
810 fruit for retail consumption within the state. shall not be
811 prohibited;
812 (4) The department may not adopt any provided, however,
813 that no standard, regulation, rule, or order under this section
814 that which is inconsistent with repugnant to any requirement of
815 made mandatory under federal law or regulations that applies
816 shall apply to citrus fruit, or the products thereof, whether
817 canned, or concentrated, or otherwise processed, or to
818 containers therefor, that which are being shipped from this
819 state in interstate commerce.
820 (5)(a) All citrus fruit and the products thereof, whether
821 canned, or concentrated, or otherwise processed, sold, or
822 offered for sale, or offered for shipment within or without the
823 state shall be graded and marked as required by this section.
824 and
825 (b) The regulations, rules, and orders adopted and made
826 under authority of this section, to the extent that they are
827 which regulations, rules, and orders shall, when not
828 inconsistent with state or federal law, shall have the force and
829 effect of law.
830 Section 16. Section 601.111, Florida Statutes, is amended
831 to read:
832 601.111 Department of Citrus authorized to lower Maturity
833 standards; modification by emergency rule.—
834 (1) The Legislature of the state finds and declares that
835 emergencies creating abnormal conditions in the state’s Florida
836 citrus industry, which may include, but are not limited to, such
837 as unusual climatic conditions that produce unusual growing
838 conditions of citrus fruit, freezes and hurricanes, or other
839 acts of God that may affect a substantial part of the citrus
840 industry, require that the department have of Citrus be given
841 the power and authority to modify lower the maturity standards
842 established by rule law for citrus fruit or any variety thereof,
843 not including oranges except as specified in subsection (2),
844 under and subject to the limitations, conditions, restrictions,
845 and provisions and within the standards hereinafter prescribed
846 and established.
847 (2)(a) Upon the determination by the department that In the
848 event of an emergency exists that creates abnormal conditions in
849 the state’s citrus industry such as is mentioned in subsection
850 (1), the said department of Citrus, in addition to all other
851 powers and authority provided by law, may adopt emergency which
852 it now possesses, which have heretofore been granted or
853 delegated to it by the Legislature shall have the additional
854 power to issue rules pursuant to s. 120.54(4) which temporarily
855 modify the maturity standards previously adopted by rule and
856 regulations to:
857 (a) Lower by not more than 10 percent the existing minimum
858 requirement as to the total soluble solids of the juice of
859 citrus fruit or any variety, except oranges, or size thereof;
860 (b) Lower by not more than 10 percent the existing ratio of
861 total soluble solids of the juice of citrus fruit or any variety
862 thereof, except oranges, to the anhydrous citric acid;
863 (c) Lower by not more than 10 percent the existing minimum
864 requirement for juice content of citrus fruit or any variety or
865 size thereof; and
866 (d) Lower by not more than 10 percent the existing minimum
867 requirement for the content of anhydrous citric acid for
868 oranges.
869 (b) An emergency rule adopted Any action under this
870 subsection does shall not take effect unless the emergency rule
871 is be taken without the consent of at least nine members of the
872 Florida Citrus Commission. Any regulation adopted pursuant to
873 this section shall be by the affirmative vote of at least seven
874 nine members of the said Florida Citrus commission.
875 Notwithstanding the limitation on the effective period for
876 emergency rules in s. 120.54(4)(c), each, and every such
877 emergency rule adopted under this section must regulation shall
878 contain an expiration date of not later than 1 year after from
879 its effective date.
880 (3) This section does act shall not repeal any other
881 section or part of this chapter and, but shall be deemed as
882 supplemental and additional to the express power vested in the
883 department of Citrus, subject only to the limitations,
884 restrictions, conditions, provisions, and standards provided in
885 this section herein set forth.
886 Section 17. Section 601.13, Florida Statutes, is amended to
887 read:
888 601.13 Citrus research; administration by Department of
889 Citrus; appropriation.—
890 (1) The department shall administer administration of this
891 section and shall be vested in the department of Citrus which
892 shall prescribe suitable and reasonable rules to properly
893 implement this section and regulations for the proper carrying
894 out of the provisions hereof.
895 (2) It shall be the duty of The department shall of Citrus,
896 and it is empowered:
897 (a)1. To Conduct or cause to be conducted a thorough and
898 comprehensive study of citrus fruit and the juices thereof:
899 a.1. With respect to the quality and maturity of such said
900 fruit and the juices thereof, including proper effort to
901 assemble data and arrive at a proper standard of quality, grade,
902 and maturity with reference to its texture, stability, and
903 general marketability and so far as possible reduce such
904 findings to specific and readily understood chemical,
905 mathematical, or descriptive terms;, and
906 b.2. With respect to the nutritional and other value or
907 values of such fruit and the juices thereof. and to
908 2. Provide suitable facilities and equipment of every kind
909 whatsoever proper and necessary in connection with all such
910 work.
911 (b) To Conduct or cause to be conducted such study and
912 research as is necessary to provide all the information and data
913 required to be disseminated pursuant to the provisions of this
914 section.
915 (c) To Provide suitable and sufficient laboratory
916 facilities and equipment, making use of the laboratory
917 facilities and equipment of the University of Florida, insofar
918 as it is practicable for the purpose of conducting thorough and
919 comprehensive study and research to determine all possible new
920 and further uses for citrus fruit and citrus fruit juices and
921 the products and byproducts into which the same can be converted
922 or manufactured, as well as to determine and develop new and
923 profitable methods and instruments of distribution thereof.
924 (d) To Carry on, or cause to be carried on, suitable
925 experiments in an effort to prove the commercial value of each,
926 and determine and develop new and further use for citrus fruit
927 and citrus fruit juices or the products and byproducts into
928 which the same can be converted or manufactured.
929 (e) To Carry on or cause to be carried on suitable
930 experiments in an effort to prove the commercial value of any
931 and all new profitable methods and instruments of distribution
932 of citrus fruit and citrus fruit juices and the products and
933 byproducts into which the same can be converted or manufactured.
934 (f) To Carry on or cause to be carried on an economic and
935 marketing research program relating to citrus fruits and,
936 products or byproducts thereof.
937 (g) To Enter into any mutually satisfactory contracts or
938 agreements with any person, firm, institution, corporation, or
939 business unit, as well as any state or federal agency, that
940 which the department of Citrus deems wise, necessary, and
941 expedient in the administration carrying out of any of the
942 provisions of this chapter.
943 (h) To Incur and pay such expenses and obligations as are
944 necessary in connection with and required for the proper
945 administration carrying out of the provisions of this chapter.
946 (i) Conduct or cause to be conducted any research related
947 to disease and crop efficiency which would advance the purposes
948 of the state’s citrus industry and commercialization related to
949 advancing such research.
950 (3) There is hereby appropriated and made available for
951 defraying the expenses of the administration of this section
952 from the moneys derived from advertising assessments excise
953 taxes levied on citrus fruit such amounts as the department of
954 Citrus may deem necessary within the percentage limitations
955 imposed by s. 601.15.
956 Section 18. Section 601.15, Florida Statutes, is amended to
957 read:
958 601.15 Advertising campaign; methods of conducting;
959 assessments excise tax; emergency reserve fund; citrus
960 research.—
961 (1) The department shall administer administration of this
962 section shall be vested in the Department of Citrus, which shall
963 prescribe suitable and reasonable rules and regulations for the
964 enforcement of this section hereof, and the Department of Citrus
965 shall administer the assessments taxes levied and imposed under
966 this section hereby. All funds collected under this section and
967 the interest accrued on such funds are consideration for a
968 social contract between the state and the citrus growers of the
969 state whereby the state must hold such funds in trust and
970 inviolate and use them only for the purposes prescribed in this
971 chapter. The department may of Citrus shall have power to cause
972 its duly authorized agent or representative to enter upon the
973 premises of any handler of citrus fruits and to examine or cause
974 to be examined any books, papers, records, or memoranda bearing
975 on the amount of assessments taxes payable and to secure other
976 information directly or indirectly concerned in the enforcement
977 of this section hereof. Any person who is required to pay the
978 assessments taxes levied and imposed and who by any practice or
979 evasion makes it difficult to enforce this section the
980 provisions hereof by inspection, or any person who, after demand
981 by the department of Citrus or any agent or representative
982 designated by it for that purpose, refuses to allow full
983 inspection of the premises or any part thereof or any books,
984 records, documents, or other instruments in any manner relating
985 to the liability of the person or entity liable taxpayer for the
986 assessment tax imposed or hinders, or in anywise delays, or
987 prevents such inspection, commits is guilty of a misdemeanor of
988 the second degree, punishable as provided in s. 775.082 or s.
989 775.083.
990 (2) The department of Citrus shall plan and conduct
991 campaigns for commodity advertising, publicity, and sales
992 promotion, and may conduct campaigns to encourage noncommodity
993 advertising, to increase the consumption of citrus fruits and
994 may contract for any such advertising, publicity, and sales
995 promotion service. To accomplish such purpose, the department of
996 Citrus shall have power, and it shall be its duty:
997 (a) To Disseminate information relating to:
998 1. Citrus fruits and the importance thereof in preserving
999 the public health, the economy thereof in the diet of the
1000 people, and the importance thereof in the nutrition of
1001 children.;
1002 2. The manner, method, and means used and employed in the
1003 production and marketing of citrus fruits and information
1004 relating to laws of the state regulating and safeguarding such
1005 production and marketing.;
1006 3. The added cost to the producer and dealer in producing
1007 and handling citrus fruits to meet the high standards imposed by
1008 the state that ensure a pure and wholesome product.;
1009 4. The effect upon the public health that which would
1010 result from a breakdown of the state’s Florida citrus industry
1011 or any part thereof.;
1012 5. The reasons that why producers and dealers should
1013 receive a reasonable return on their labor and investment.;
1014 6. The problem of furnishing the consumer at all times with
1015 an abundant supply of fine quality citrus fruits at reasonable
1016 prices.;
1017 7. Factors of instability peculiar to the citrus fruit
1018 industry, such as unbalanced production, the effect of the
1019 weather, the influence of consumer purchasing power, and price
1020 relative to the cost of other items of food in the normal diet
1021 of people, all to the end that an intelligent and increasing
1022 consumer demand may be created.;
1023 8. The possibilities with particular reference to increased
1024 consumption of citrus fruits.; and
1025 9. Such other, further, and additional information that
1026 which tends to promote increased consumption of citrus fruits
1027 and that which fosters a better understanding and more efficient
1028 cooperation among producers, dealers, and the consuming public.;
1029 and
1030 (b) To Decide upon some distinctive and suggestive trade
1031 name and to promote its use in all ways to advertise Florida
1032 citrus fruit.
1033 (3)(a) There is hereby levied and imposed upon each
1034 standard-packed box of citrus fruit grown and placed into the
1035 primary channel of trade in this state an assessment excise tax
1036 at maximum annual rates for each citrus season as provided
1037 determined from the tables in this paragraph and based upon the
1038 previous season’s actual statewide production as reported in the
1039 United States Department of Agriculture Citrus Crop Production
1040 Forecast as of June 1. The rates may be set at any lower rate in
1041 any year pursuant to paragraph (e).
1042 1. The following maximum assessment for tax rates,
1043 expressed in cents per box, shall apply to grapefruit that which
1044 enters the primary channel of trade for use in fresh form may
1045 not exceed 36 cents per box.:
1046
1047 Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter
1048
1049 80 andgreater 33 34 35 36 37
1050 75-79.99 35 36 37 38 39
1051 70-74.99 37 38 39 41 42
1052 65-69.99 40 41 42 44 45
1053 60-64.99 43 44 46 47 49
1054 55-59.99 47 48 50 51 53
1055 50-54.99 51 53 55 56 58
1056 45-49.99 57 59 60 62 64
1057 40-44.99 63 65 67 69 71
1058 Less than 40 72 74 76 79 81
1059
1060 However, effective July 1, 2011, the tax rate per box on
1061 grapefruit that enters the primary channel of trade for use in
1062 fresh form may not exceed the tax rate per box in effect on May
1063 1, 2011.
1064 2. The following maximum assessment for tax rates,
1065 expressed in cents per box, shall apply to grapefruit that which
1066 enters the primary channel of trade for use in processed form
1067 may not exceed 36 cents per box. forms:
1068
1069 Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter
1070
1071 80 andgreater 23 24 25 25 26
1072 75-79.99 25 25 26 27 28
1073 70-74.99 26 27 28 29 30
1074 65-69.99 28 29 30 31 32
1075 60-64.99 31 32 32 33 34
1076 55-59.99 33 34 35 36 37
1077 50-54.99 36 38 39 40 41
1078 45-49.99 40 41 43 44 45
1079 40-44.99 45 46 48 49 51
1080 Less than 40 51 53 54 56 57
1081
1082 However, effective July 1, 2011, the tax rate per box on
1083 grapefruit that enters the primary channel of trade for use in
1084 processed forms may not exceed the tax rate per box in effect on
1085 May 1, 2011.
1086 3. The following maximum assessment for tax rates,
1087 expressed in cents per box, shall apply to oranges that which
1088 enter the primary channel of trade for use in fresh form may not
1089 exceed 7 cents per box.:
1090
1091 Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter
1092
1093 255 andgreater 23 24 25 26 26
1094 245-254.9 24 25 26 27 27
1095 235-244.9 25 26 27 28 28
1096 225-234.9 26 27 28 29 30
1097 215-224.9 28 28 29 30 31
1098 205-214.9 29 30 31 32 33
1099 195-204.9 30 31 32 33 34
1100 185-194.9 32 33 34 35 36
1101 175-184.9 34 35 36 37 38
1102 165-174.9 36 37 38 39 40
1103 155-164.9 38 39 40 41 43
1104 Less than 155 41 42 43 44 46
1105
1106 However, effective July 1, 2011, the tax rate per box on oranges
1107 that enter the primary channel of trade for use in fresh form
1108 may not exceed the tax rate per box in effect on May 1, 2011.
1109 4. The following maximum assessment for tax rates,
1110 expressed in cents per box, shall apply to oranges that which
1111 enter the primary channel of trade for use in processed form may
1112 not exceed 25 cents per box.:
1113
1114 Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter
1115
1116 255 andgreater 15 16 16 17 17
1117 245-254.9 16 16 17 17 18
1118 235-244.9 17 17 18 18 19
1119 225-234.9 17 18 18 19 19
1120 215-224.9 18 19 19 20 20
1121 205-214.9 19 20 20 21 21
1122 195-204.9 20 21 21 22 22
1123 185-194.9 21 22 22 23 24
1124 175-184.9 22 23 23 24 25
1125 165-174.9 23 24 25 26 26
1126 155-164.9 25 26 26 27 28
1127 Less than 155 27 27 28 29 30
1128
1129 However, effective July 1, 2011, the tax rate per box on oranges
1130 that enter the primary channel of trade for use in processed
1131 form may not exceed 25 cents per box.
1132 5. The actual assessment tax rate levied each year upon
1133 oranges which enter the primary channel of trade for use in
1134 processed form, pursuant to this paragraph, paragraph (e), and
1135 subsection (4), shall also apply in that year to tangerines and
1136 citrus hybrids regulated by the department that of Citrus which
1137 enter the primary channel of trade for use in processed form may
1138 not exceed 25 cents per box.
1139 6. The following maximum assessment for tax rates,
1140 expressed in cents per box, shall apply to tangerines and citrus
1141 hybrids regulated by the department that of Citrus which enter
1142 the primary channel of trade for use in fresh form may not
1143 exceed 16 cents per box.:
1144
1145 Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter
1146
1147 13 andgreater 24 24 25 26 27
1148 12 - 12.99 26 26 27 28 29
1149 11 - 11.99 28 29 30 30 31
1150 10 - 10.99 31 31 32 33 34
1151 9 - 9.99 34 35 36 37 38
1152 8 - 8.99 38 39 40 41 42
1153 7 - 7.99 43 44 45 47 48
1154 Less than 7 49 51 52 54 56
1155
1156 However, effective July 1, 2011, the tax rate per box on
1157 tangerines and citrus hybrids regulated by the Department of
1158 Citrus which enter the primary channel of trade for use in fresh
1159 form may not exceed the tax rate per box in effect on May 1,
1160 2011.
1161 (b) Whenever citrus fruit is purchased, acquired, or
1162 handled on a weight basis, the following weights are shall be
1163 deemed the equivalent of one standard-packed box for assessment
1164 tax purposes under this section:
1165 1. Grapefruit, 85 pounds.
1166 2. Oranges, 90 pounds.
1167 3. Tangerines, 95 pounds.
1168 4. Citrus hybrids, 90 pounds.
1169 (c) The assessments excise taxes imposed by this section do
1170 not apply to citrus fruit used for noncommercial domestic
1171 consumption on the premises where produced.
1172 (d) For purposes of this subsection, a citrus season begins
1173 on August 1 of a year and ends on July 31 of the following year.
1174 (e) The commission, upon an affirmative vote of a majority
1175 of its members and by an order entered by it before prior to
1176 November 1 of any year, may set the assessments tax rates up to
1177 the maximum rates specified in this subsection. The assessment
1178 tax rate shall apply only to the citrus season that which began
1179 on August 1 of the same calendar year. Such assessment tax rate
1180 may be applied by variety and on the basis of whether the fruit
1181 enters the primary channel of trade for use in fresh or
1182 processed form. If the commission cannot agree on a box
1183 assessment tax rate, the assessment tax rate for the previous
1184 year shall remain in effect until the commission approves a new
1185 assessment rate.
1186 (4) Every handler shall keep a complete and accurate record
1187 of all citrus fruit handled by her or him. Such record shall be
1188 in such form and contain such other information as the
1189 department of Citrus shall by rule or regulation prescribe. Such
1190 records shall be preserved by such handlers for a period of 1
1191 year and shall be offered for inspection at any time upon oral
1192 or written demand by the department of Citrus or its duly
1193 authorized agents or representatives.
1194 (5) Every handler shall, at such times and in such manner
1195 as the department of Citrus may by rule require, file with the
1196 department of Citrus a return certified as true and correct, on
1197 forms furnished by the department of Citrus, stating, in
1198 addition to other information, the number of standard-packed
1199 boxes of each kind of citrus fruit handled by such handler in
1200 the primary channel of trade during the period of time covered
1201 by the return. Full payment of all assessments excise taxes due
1202 for the period reported shall accompany each handler’s return.
1203 (6)(a) All assessments excise taxes levied and imposed
1204 pursuant to the provisions of this section are shall be due and
1205 payable and shall be paid, or the amount thereof guaranteed as
1206 hereinafter provided in this subsection, at the time the citrus
1207 fruit is first handled in the primary channels of trade. All
1208 such assessments taxes shall be paid, or the payment thereof
1209 shall be guaranteed, to the department of Citrus by the person
1210 first handling the fruit in the primary channel of trade, except
1211 that payment of assessments taxes on fruit delivered or sold for
1212 processing in this state shall be paid, or payment thereof shall
1213 be guaranteed in accordance with department of Citrus rules, by
1214 the person processing such fruit.
1215 (b) Periodic payment of assessments excise taxes upon
1216 citrus fruit by the person liable for such payment is shall be
1217 permitted only in accordance with department of Citrus rules,;
1218 and the payment thereof shall be guaranteed by the posting of a
1219 good and sufficient letter of credit from an issuing financial
1220 institution located in the United States, a cash bond, an
1221 appropriate certificate of deposit, or an approved surety bond
1222 in an amount and manner as prescribed by department of Citrus
1223 rule. Evidence of such guarantee of payment of assessments must
1224 excise taxes shall be made on the grade certificate in such
1225 manner and form as may be prescribed by department of Citrus
1226 rule.
1227 (c) All assessments taxes collected by the department of
1228 Citrus shall be delivered to the State Treasury for payment into
1229 the proper advertising fund.
1230 (7) All assessments excise taxes levied and collected under
1231 the provisions of this chapter shall be paid into the State
1232 Treasury on or before the 15th day of each month.; Such moneys
1233 shall be accounted for in a special fund to be designated as the
1234 Florida Citrus Advertising Trust Fund, and all moneys in such
1235 fund are hereby appropriated to the department of Citrus for the
1236 following purposes:
1237 (a) Four percent of all income of a revenue nature
1238 deposited in this fund, including transfers from any subsidiary
1239 accounts thereof and any interest income, shall be deposited in
1240 the General Revenue Fund pursuant to chapter 215.
1241 (b) Moneys in the Florida Citrus Advertising Trust Fund
1242 shall be expended for the activities authorized by s. 601.13 and
1243 for the cost of those general overhead, research and
1244 development, maintenance, salaries, professional fees,
1245 enforcement costs, and other such expenses that which are not
1246 related to advertising, merchandising, public relations, trade
1247 luncheons, publicity, and other associated activities. The cost
1248 of general overhead, maintenance, salaries, professional fees,
1249 enforcement costs, and other such expenses that which are
1250 related to advertising, merchandising, public relations, trade
1251 luncheons, publicity, and associated activities shall be paid
1252 from the balance of the Florida Citrus Advertising Trust Fund.
1253 (c) Moneys in the Florida Citrus Advertising Trust Fund
1254 shall also be used by the department of Citrus for defraying
1255 those expenses not included in paragraph (b). After payment of
1256 such expenses, the money levied and collected under the
1257 provisions of subsection (3) shall be used exclusively for
1258 commodity and noncommodity advertising, merchandising,
1259 publicity, or sales promotion of citrus products in both fresh
1260 form and processed form, including citrus cattle feed and all
1261 other products of citrus fruits, produced in the state, in such
1262 equitable manner and proration as the department of Citrus may
1263 determine, but funds expended for commodity advertising
1264 thereunder shall be expended through an established advertising
1265 agency. A proration of moneys between commodity programs and
1266 noncommodity programs, and among types of citrus products, shall
1267 be made on or before November 1 of each shipping season and may
1268 not thereafter be modified for that shipping season unless the
1269 department finds such action necessary to preserve the economic
1270 welfare of the citrus industry.
1271 (d) The pro rata portion of moneys allocated to each type
1272 of citrus product in noncommodity programs shall be used by the
1273 department to encourage substantial increases in the
1274 effectiveness, frequency, and volume of noncommodity
1275 advertising, merchandising, publicity, and sales promotion of
1276 such citrus products through rebates and incentive payments to
1277 handlers and trade customers for these activities. The
1278 department shall of Citrus is authorized and directed to adopt
1279 rules providing for the use of such moneys. The rules shall
1280 establish alternate incentive programs, including at least one
1281 incentive program for product sold under advertised brands, one
1282 incentive program for product sold under private label brands,
1283 and one incentive program for product sold in bulk. For each
1284 incentive program, the rules shall establish eligibility and
1285 performance requirements and shall provide appropriate
1286 limitations on amounts payable to a handler or trade customer
1287 for a particular season. Such limitations may relate to the
1288 amount of citrus assessments excise taxes levied and collected
1289 on the citrus product handled by such handler or trade customer
1290 during a 12-month representative period. The department may
1291 require from participants in noncommodity advertising and
1292 promotional programs commercial information necessary to
1293 determine eligibility for and performance in such programs. Any
1294 information so required which constitutes a “trade secret” as
1295 defined in s. 812.081 is confidential and exempt from the
1296 provisions of s. 119.07(1).
1297 (8)(a) On certification by any employee of the department
1298 of Citrus that her or his actual and necessary expenses on any
1299 particular day while traveling outside the state exceeded the
1300 per diem provided by law, such employee shall show such excess
1301 on her or his regular expense voucher and support the same by
1302 the proof required pursuant to rules adopted and regulations to
1303 be promulgated by the department of Citrus.
1304 (b) The department of Citrus is authorized to spend such
1305 amount as it deems advisable for guests involved in promotional
1306 activities in the sale of Florida citrus fruits and products.
1307 (c) All obligations, expenses, and costs incurred under the
1308 provisions of this section shall be paid out of the Citrus
1309 Advertising Fund upon warrant of the Chief Financial Officer
1310 when vouchers thereof, approved by the department of Citrus, are
1311 exhibited.
1312 (9)(a) Any handler who fails to file a return or to pay any
1313 assessment tax within the time required shall thereby forfeit to
1314 the department of Citrus a penalty of 5 percent of the amount of
1315 assessment tax determined to be due,; but the department of
1316 Citrus, if satisfied that the delay was excusable, may remit all
1317 or any part of such penalty. Such penalty shall be paid to the
1318 department of Citrus and disposed of as provided with respect to
1319 moneys derived from the assessments taxes levied and imposed by
1320 subsection (3).
1321 (b) The department of Citrus may collect any assessments
1322 taxes levied and assessed by this chapter in any or all of the
1323 following methods:
1324 1. By the voluntary payment by the person liable therefor.
1325 2. By a suit at law.
1326 3. By a suit in equity to enjoin and restrain any handler,
1327 citrus fruit dealer, or other person owing such assessments
1328 taxes from operating her or his business or engaging in business
1329 as a citrus fruit dealer until the delinquent assessments taxes
1330 are paid. Such action may include an accounting to determine the
1331 amount of assessments taxes plus delinquencies due. In any such
1332 proceeding, it is not necessary to allege or prove that an
1333 adequate remedy at law does not exist.
1334 (10) The powers and duties of the department of Citrus
1335 include the following:
1336 (a) To adopt and periodically from time to time alter,
1337 rescind, modify, and amend all proper and necessary rules,
1338 regulations, and orders for the exercise of its powers and the
1339 performance of its duties under this chapter.
1340 (b) To employ and at its pleasure discharge an advertising
1341 manager, agents, advertising agencies, and such clerical and
1342 other help as it deems necessary and to outline their powers and
1343 duties and fix their compensation.
1344 (c) To make in the name of the department of Citrus such
1345 advertising contracts and other agreements as may be necessary.
1346 (d) To keep books, records, and accounts of all of its
1347 activities, which books, records, and accounts shall be open to
1348 inspection, audit, and examination by the Auditor General and
1349 the Office of Program Policy Analysis and Government
1350 Accountability.
1351 (e) To purchase or authorize the purchase of all office
1352 equipment and supplies and to incur all other reasonable and
1353 necessary expenses and obligations in connection with and
1354 required for the proper administration carrying out of the
1355 provisions of this chapter.
1356 (f) To conduct, and pay out of the Florida Citrus
1357 Advertising Trust Fund, premium and prize promotions designed to
1358 increase the use of citrus in any form.
1359 (g) To advertise citrus cattle feed and promote its use.
1360 (h) To conduct marketing activities in foreign countries
1361 and other programs designed to develop and protect domestic and
1362 international markets.
1363 Section 19. Paragraphs (a), (b), and (d) of subsection (1),
1364 subsection (4), paragraph (a) of subsection (5), and subsections
1365 (8) through (11) of section 601.152, Florida Statutes, are
1366 amended to read:
1367 601.152 Special marketing orders.—
1368 (1)(a) Whenever, upon its own motion or upon petition of
1369 any handler or producer or group or association of handlers or
1370 producers of citrus fruit, the commission, upon affirmative vote
1371 of seven nine of its members, determines:
1372 1. That the conduct of a special advertising and
1373 promotional marketing campaign or the conduct of market and
1374 product research and development, in addition to the advertising
1375 campaign being conducted pursuant to s. 601.15 and the research
1376 being conducted pursuant to the other provisions of the Florida
1377 Citrus Code, may substantially further increase the consumer
1378 acceptance and consumption of, and strengthen the market for,
1379 any type, variety, or form of citrus fruit or processed citrus
1380 product by further increasing the number of families buying such
1381 citrus fruit or such processed citrus product or by further
1382 increasing the quantity of such citrus fruit or processed citrus
1383 product purchased by buying families; and
1384 2. That such substantial further increase and strengthening
1385 may be of substantial benefit to handlers thereof, producers
1386 thereof, and to the economy and well-being of the state,
1387
1388 the commission shall direct that a proposed marketing order be
1389 formulated for a special marketing campaign of advertising and
1390 sales promotion, including, but not limited to, brand
1391 advertising rebate promotions or the conduct of market and
1392 product research and development for such type, variety, or form
1393 of citrus fruit or processed citrus product, and shall designate
1394 a public hearing to consider adoption and implementation of such
1395 proposed marketing order.
1396 (b) Notice of the time, place, and purpose of such public
1397 hearing shall be:
1398 1. Mailed, at least not less than 10 days before prior to
1399 such hearing, to each handler who, during the 12 months
1400 immediately before preceding such mailing, has first handled in
1401 the primary channel of trade in the state Florida the type,
1402 variety, and form of citrus fruit or citrus product specified in
1403 the proposed marketing order, and to each handler who the
1404 department of Citrus has good cause to believe will, during the
1405 period of time covered by the proposed marketing order, first
1406 handle in the primary channel of trade in the state Florida the
1407 type, variety, and form of citrus fruit or processed citrus
1408 product specified in such proposed marketing order.
1409 2. Published in the Florida Administrative Weekly at least
1410 not less than 10 days before prior to such hearing.
1411 (d) Copies of the proposed marketing order shall be made
1412 available to the public at the offices of the department of
1413 Citrus at Lakeland at least 5 days before prior to such hearing
1414 and shall be in sufficient detail to apprise all persons having
1415 an interest therein of the approximate amount of moneys proposed
1416 to be expended; the assessments to be levied thereunder; and the
1417 general details of the proposed marketing order for a special
1418 marketing campaign of advertising or sales promotion or market
1419 or product research and development. Among the details so
1420 specified shall be the period of time during which the
1421 assessment imposed pursuant to subsection (8) will be levied
1422 upon the privilege so assessed, which period may not be greater
1423 than 2 years. The order may, however, provide that the
1424 expenditure of the funds received from the imposition of such
1425 assessments shall not be so confined, but may be expended during
1426 such time or times as shall be specified in the proposed
1427 marketing order, which may be either during the shipping season
1428 immediately preceding the shipping seasons during which such
1429 assessments are imposed or during, or at any time subsequent to,
1430 the shipping seasons during which such assessments are imposed.
1431 This section does not Nothing herein shall be construed to
1432 prevent the imposition of a subsequent marketing order either
1433 before, during, or after the expenditure of funds collected
1434 under pursuant to a previously imposed marketing order, provided
1435 the aggregate of the assessments imposed may not exceed the
1436 maximum permitted under subsection (8).
1437 (4) The department may of Citrus is authorized to prescribe
1438 such procedures as it deems necessary properly to conduct a
1439 referendum among handlers covered by the marketing order to
1440 determine whether such marketing order has been so assented to.
1441 (5)(a) Any marketing order adopted under pursuant to this
1442 section and subsequently approved by referendum as provided in
1443 this section herein shall take effect become effective 15 days
1444 after referendum approval is officially determined by the
1445 commission. Chapter 120 does not apply to this section. Any such
1446 marketing order is shall be reviewable by any person adversely
1447 affected, by certiorari to the district courts of appeal in the
1448 manner prescribed by the Florida Rules of Appellate Procedure.
1449 The venue of the proceeding for such review shall be the
1450 appellate district that which includes the county in which the
1451 hearings were conducted or, if the venue cannot be thus
1452 determined, the appellate district in which wherein the
1453 department’s Department of Citrus executive offices are located.
1454 (8)(a) Each person who, during the period of time specified
1455 in any marketing order implemented under pursuant to this
1456 section, first handles in the primary channel of trade in the
1457 state Florida any citrus fruit or processed citrus product of
1458 the type, variety, and form specified in such marketing order
1459 shall, for the privilege of so handling such citrus fruit or
1460 such citrus product, pay to the department of Citrus such
1461 assessments as are levied and imposed thereon by such marketing
1462 order, which funds shall be used by the department of Citrus to
1463 defray the necessary expenses incurred in the formation,
1464 issuance, administration, and enforcement of such marketing
1465 order and in the conduct of the special marketing campaign or
1466 market and product research and development provided for in such
1467 marketing order. However, such assessments levied and imposed
1468 under this section may pursuant hereto shall be at a rate not to
1469 exceed 8 cents per standard-packed box on citrus fruits in fresh
1470 form, 1.3 cents per gallon on single strength citrus juices or
1471 sections, or 1.3 cents per pound of soluble citrus solids on
1472 concentrated citrus juices.
1473 (b) The department of Citrus shall prescribe procedures for
1474 the assessment and collection of such funds to defray the
1475 necessary expenses incurred, or expected to be incurred, by the
1476 department of Citrus in the formation, issuance, administration,
1477 and enforcement of any marketing order implemented under
1478 pursuant to the provisions of this section.
1479 (c) Every handler shall, at such times as the department
1480 may require, file with the department of Citrus a return, not
1481 under oath, on forms to be prescribed and furnished by the
1482 department of Citrus, certified as true and correct, stating the
1483 quantity of the type, variety, and form of citrus fruit or
1484 citrus product specified in the marketing order first handled in
1485 the primary channels of trade in the state Florida by such
1486 handler during the period of time specified in the marketing
1487 order. Such returns shall contain any further information deemed
1488 by the department of Citrus to be reasonably necessary to
1489 properly administer or enforce the provisions of this section or
1490 any marketing order implemented under this section hereunder.
1491 Information that, if disclosed, would reveal a trade secret, as
1492 defined in s. 812.081, of any person subject to a marketing
1493 order is confidential and exempt from the provisions of s.
1494 119.07(1).
1495 (d) All assessments imposed under and pursuant to the
1496 provisions of this section are shall be due and payable and
1497 shall be paid by such handlers at such times and in such
1498 installments as the commission prescribes shall prescribe in
1499 such marketing order, or the amount thereof shall be provided
1500 for and guaranteed by giving a surety bond or cash deposit or as
1501 the department of Citrus may otherwise prescribes prescribe.
1502 (9)(a) All moneys collected by the department of Citrus
1503 under this section shall be set aside in the Florida Citrus
1504 Advertising Trust Fund as a special fund to be known as the
1505 “Citrus Special Marketing Order Fund.” All moneys in such fund,
1506 after deducting the service charge provided in s. 601.15(7), are
1507 hereby appropriated to the department of Citrus for the actual
1508 expenses incurred by the department for of Citrus with respect
1509 to the formulation, issuance, administration, and enforcement of
1510 any marketing order so implemented and in the conduct of the
1511 special marketing campaign or market and product research and
1512 development to be carried out pursuant to any such marketing
1513 order so implemented. Upon the completion of the special
1514 marketing campaign or market and product research and
1515 development provided for pursuant to any marketing order so
1516 implemented hereunder, any and all moneys remaining and not
1517 required by the department of Citrus to defray the expenses of
1518 such marketing order shall be deposited to and made a part of
1519 the Florida Citrus Advertising Trust Fund created by s. 601.15.
1520 (b) If the department of Citrus finds it necessary to do
1521 so, the department it may transfer to the Citrus Special
1522 Marketing Order Fund from any other portion of the Florida
1523 Citrus Advertising Trust Fund, including the Emergency Reserve
1524 Fund and any other special or reserve fund, such sum of money as
1525 the department of Citrus determines is initially required to
1526 formulate, issue, administer, and enforce any such marketing
1527 order and conduct the special marketing campaign or market and
1528 product research and development to be carried out pursuant to
1529 such marketing order until moneys in the Citrus Special
1530 Marketing Order Fund derived from assessments imposed and
1531 collected pursuant to this section are sufficient for such
1532 purposes, and thereafter repay such advance out of the Citrus
1533 Special Marketing Order Fund.
1534 (10)(a) Any handler who fails to file a return or to pay
1535 any assessment within the time required shall thereby forfeit to
1536 the department of Citrus a penalty of 5 percent of the amount of
1537 assessment then due,; but the department of Citrus, upon good
1538 cause shown, may waive all or any part of such penalty. Such
1539 penalty shall be paid to the department of Citrus and disposed
1540 of as provided with respect to moneys derived from the
1541 assessments imposed under pursuant to this section.
1542 (b) The department of Citrus may collect the assessments
1543 imposed under pursuant to this section by any in either or all
1544 of the following methods:
1545 1. The voluntary payment by the handler liable therefor.;
1546 2. By a suit at law.;
1547 3. By a suit in equity to enjoin and restrain any handler
1548 owing such assessments from operating his or her business or
1549 engaging in business as a citrus fruit dealer until the
1550 delinquent assessments are paid. Such action may include an
1551 accounting to determine the amount of assessments plus
1552 delinquencies due. In any such proceeding, it shall not be
1553 necessary to allege or prove that an adequate remedy at law does
1554 not exist.
1555 (11) This section shall be liberally construed to
1556 effectuate the purposes set forth and as additional and
1557 supplemental powers vested in the department of Citrus under the
1558 police power of this state.
1559 Section 20. Section 601.155, Florida Statutes, is amended
1560 to read:
1561 601.155 Equalizing assessment excise tax; credit;
1562 exemption.—
1563 (1) The first person who exercises in this state the
1564 privilege of processing, reprocessing, blending, or mixing
1565 processed orange products or processed grapefruit products or
1566 the privilege of packaging or repackaging processed orange
1567 products or processed grapefruit products into retail or
1568 institutional size containers or, except as provided in
1569 subsection (9) or except if an assessment a tax is levied and
1570 collected on the exercise of one of the foregoing privileges,
1571 the first person having title to or possession of any processed
1572 orange product or any processed grapefruit product who exercises
1573 the privilege in this state of storing such product or removing
1574 any portion of such product from the original container in which
1575 it arrived in this state for purposes other than official
1576 inspection or direct consumption by the consumer and not for
1577 resale shall be assessed and shall pay an assessment excise tax
1578 upon the exercise of such privilege at the rate described in
1579 subsection (2).
1580 (2) Upon the exercise of any privilege described in
1581 subsection (1), the assessment excise tax levied by this section
1582 shall be at the same rate per box of oranges or grapefruit
1583 utilized in the initial production of the processed citrus
1584 products so handled as that imposed, at the time of exercise of
1585 the assessable taxable privilege, by s. 601.15 per box of
1586 oranges.
1587 (3) For the purposes of this section, the number of boxes
1588 of oranges or grapefruit utilized in the initial production of
1589 processed citrus products subject to the assessable taxable
1590 privilege shall be:
1591 (a) The actual number of boxes so utilized, if known and
1592 verified in accordance with department of Citrus rules; or
1593 (b) An equivalent number established by department of
1594 Citrus rule which, on the basis of existing data, reasonably
1595 equates to the quantity of citrus contained in the product, when
1596 the actual number of boxes so utilized is not known or properly
1597 verified.
1598 (4) For purposes of this section:
1599 (a) “Processed orange products” means products for human
1600 consumption consisting of 20 percent or more single strength
1601 equivalent orange juice; orange sections, segments, or edible
1602 components; or whole peeled fruit.
1603 (b) “Processed grapefruit products” means products for
1604 human consumption consisting of 20 percent or more single
1605 strength equivalent grapefruit juice; grapefruit sections,
1606 segments, or edible components; or whole peeled fruit.
1607 (c) “Original container” includes any vessel, tanker or
1608 tank car, or other transport vehicle.
1609 (d) “Retail or institutional container” means a container
1610 having a capacity of 10 gallons or less.
1611 (5) Products made in whole or in part from citrus fruit on
1612 which an equivalent assessment tax is levied pursuant to s.
1613 601.15 are exempt from the assessment tax imposed by this
1614 section. In the case of products made in part from citrus fruit
1615 exempt from the assessment tax imposed by this section, it shall
1616 be the burden of the persons liable for the assessment excise
1617 tax to show the department of Citrus, through competent
1618 evidence, proof of that part which is not subject to an
1619 assessable a taxable privilege.
1620 (6) Every person liable for the assessment excise tax
1621 imposed by this section shall keep a complete and accurate
1622 record of the receipt, storage, handling, exercise of any
1623 assessable taxable privilege under this section, and shipment of
1624 all products subject to the assessment tax imposed by this
1625 section. Such record shall be preserved for a period of 1 year
1626 and shall be offered for inspection upon oral or written request
1627 by the department of Citrus or its duly authorized agent.
1628 (7) Every person liable for the assessment excise tax
1629 imposed by this section shall, at such times and in such manner
1630 as the department of Citrus may by rule require, file with the
1631 department of Citrus a return, certified as true and correct, on
1632 forms to be prescribed and furnished by the department of
1633 Citrus, stating, in addition to other information reasonably
1634 required by the department of Citrus, the number of units of
1635 processed orange or grapefruit products subject to this section
1636 upon which any assessable taxable privilege under this section
1637 was exercised during the period of time covered by the return.
1638 Full payment of assessments excise taxes due for the period
1639 reported shall accompany each return.
1640 (8) All assessments taxes levied and imposed by this
1641 section shall be due and payable within 61 days after the first
1642 of the assessable taxable privileges is exercised in this state.
1643 Periodic payment of the assessments excise taxes imposed by this
1644 section by the person first exercising the assessable taxable
1645 privileges and liable for such payment shall be permitted only
1646 in accordance with department of Citrus rules, and the payment
1647 thereof shall be guaranteed by the posting of an appropriate
1648 certificate of deposit, approved surety bond, letter of credit
1649 from an issuing financial institution located in the United
1650 States, or cash deposit in an amount and manner as prescribed by
1651 the department of Citrus.
1652 (9) When any processed orange or grapefruit product is
1653 stored or removed from its original container as provided in
1654 subsection (1), the equalizing assessment excise tax is levied
1655 on such storage or removal, and such product is subsequently
1656 shipped out of the state in a vessel, tanker or tank car, or
1657 container having a capacity greater than 10 gallons, the person
1658 who is liable for the assessment tax shall be entitled to an
1659 assessment a tax refund, if such assessment tax has been paid,
1660 or to an assessment a tax credit, provided she or he can provide
1661 satisfactory proof that such product has been shipped out of the
1662 state and that no privilege assessable taxable under subsection
1663 (1) other than storage or removal from the original container
1664 was exercised before prior to such shipment out of the state.
1665 (10) Notwithstanding any other provision of law, the
1666 department of Citrus shall develop a process by which any person
1667 liable for the assessment excise tax imposed under this section
1668 may annually object to payment of the assessment tax. Any such
1669 objection must be allowed without discretion as to the validity
1670 thereof, and that person shall be granted the immediate right to
1671 elect not to pay two-thirds of the applicable assessment tax
1672 rate. The department of Citrus may not expend any of the
1673 remaining one-third of the applicable assessment tax rate on any
1674 advertising, marketing, or public relations activities to which
1675 any person liable for the assessment excise tax imposed under
1676 this section objects; however, such funds may be used for
1677 research, administrative, and regulatory activities. Effective
1678 July 1, 2004, upon any necessary legislative appropriation of
1679 moneys due under the settlement agreement of Consolidated Case
1680 No. 2002-CA-4686 in the Circuit Court of the Tenth Judicial
1681 Circuit in Polk County, the plaintiffs shall agree to the
1682 dismissal of their claim under the foreign commerce clause with
1683 prejudice.
1684 (11) All assessments excise taxes levied and collected
1685 under the provisions of this section, including penalties, shall
1686 be paid into the State Treasury to be made a part of the Florida
1687 Citrus Advertising Trust Fund in the same manner, for the same
1688 purposes, and in the same proportions as set forth in s.
1689 601.15(7). Any person failing to file a return or pay any
1690 assessment within the time required shall thereby forfeit to the
1691 department of Citrus a penalty of 5 percent of the amount of
1692 assessment then due,; but the department of Citrus, on good
1693 cause shown, may waive all or any part of such penalty.
1694 (12) This section shall be liberally construed to
1695 effectuate the purposes set forth and as additional and
1696 supplemental powers vested in the department of Citrus under the
1697 police power of this state.
1698 Section 21. Section 601.24, Florida Statutes, is amended to
1699 read:
1700 601.24 Department of Citrus to prescribe methods of testing
1701 and grading.—The department of Citrus shall adopt rules
1702 providing by rule or regulation provide the manner and method to
1703 be used in drawing samples and the quantity to be used in
1704 testing and grading of citrus fruit and the canned and
1705 concentrated products thereof and shall provide specifications
1706 and methods for use of juice extractors to be used in extracting
1707 juice for such tests and grading purposes.
1708 Section 22. Section 601.25, Florida Statutes, is amended to
1709 read:
1710 601.25 Determination of soluble solids and acid.—The
1711 department of Citrus by rule or regulation shall adopt rules
1712 determining determine the method by which juice is tested for
1713 percentage of total soluble solids, the method by which juice is
1714 tested for acidity, and the method for testing fruit for juice
1715 content. Until such time as the department determines of Citrus
1716 may see fit to determine such method by rule or regulation, the
1717 Brix hydrometer shall be used and the reading of the hydrometer
1718 corrected for temperature shall be considered as the percent of
1719 the total soluble solids,; and anhydrous citric acid shall be
1720 determined by titration of the juice using standard alkali and
1721 phenolphthalein as indicator, the total acidity being calculated
1722 as anhydrous citric acid.
1723 Section 23. Subsections (5) and (7) of section 601.28,
1724 Florida Statutes, are amended to read:
1725 601.28 Inspection fees.—
1726 (5) The Department of Agriculture may shall have the power
1727 to adopt rules providing for the imposition of special fees for
1728 inspections conducted during hours not contemplated by regular
1729 state work hours. The Such rules shall prescribe circumstances
1730 under which the fees levied pursuant to paragraphs (1)(a) and
1731 (b) would not apply and the fees imposed pursuant to such rules
1732 would apply. The rules shall require provide that such said fees
1733 shall be levied when specifically actuated by contract between
1734 the Department of Agriculture and persons liable for the fees
1735 created by this subsection. The rules may shall not authorize
1736 allow fees that exceed to be charged which are in excess of the
1737 Department of Agriculture’s department’s actual cost of the
1738 inspection to be made, nor may shall such fees be less than
1739 those imposed by paragraphs (1)(a) and (b).
1740 (7) The duties of the Department of Agriculture and
1741 Consumer Services shall include the duty to conduct hearings,
1742 through a hearing officer who shall be an attorney authorized to
1743 practice law within this state, on violations of this section
1744 and rules adopted promulgated thereunder. The Said hearing
1745 officer shall be selected by the Commissioner of Agriculture and
1746 shall be in addition to her or his regular legal staff
1747 authorized by law. The Said hearing officer shall, in addition
1748 to conducting such hearings, be available to the Division of
1749 Fruit and Vegetables for other legal services on matters
1750 pertaining to violations of this chapter and rules adopted
1751 promulgated thereunder.
1752 Section 24. Section 601.31, Florida Statutes, is amended to
1753 read:
1754 601.31 Citrus inspectors; employment.—The Department of
1755 Agriculture may in each year employ as many citrus fruit
1756 inspectors for such period or periods, not exceeding 1 year, as
1757 the said Department of Agriculture shall deem necessary for the
1758 effective enforcement of the citrus fruit laws of this state.
1759 All persons authorized to inspect and certify to the maturity
1760 and grade of citrus fruit shall be governed in the discharge of
1761 their duties as such inspectors by the provisions of law and by
1762 the rules adopted and regulations prescribed by the Department
1763 of Citrus and the Department of Agriculture and shall perform
1764 their duties under the direction and supervision of the
1765 Department of Agriculture. All citrus inspectors appointed for
1766 the enforcement of this chapter shall be persons who are duly
1767 licensed or certified by the United States Department of
1768 Agriculture as citrus fruit inspectors.
1769 Section 25. Section 601.32, Florida Statutes, is amended to
1770 read:
1771 601.32 Compensation of inspectors.—The salaries of the
1772 chief citrus inspector, the chief laboratory inspector, the
1773 district supervising inspectors, the junior and senior
1774 inspectors, and all other necessary inspectors shall be in the
1775 amount as determined and fixed by the Department of Agriculture,
1776 and, in addition thereto, each such inspector of said inspectors
1777 shall be reimbursed for travel expenses as provided in s.
1778 112.061, which shall be paid upon approval of accounts therefor
1779 by the Department of Agriculture. The Department of Agriculture
1780 may employ such additional field and other agents and clerical
1781 assistance at such times and for such periods and incur and pay
1782 any other expenses, including travel expenses, as provided in s.
1783 112.061, of the Department of Agriculture during the citrus
1784 fruit season, as may be necessary for the effective enforcement
1785 of the citrus fruit laws of this state and of the rules
1786 regulations of the Department of Citrus and ensure assure the
1787 payments of the inspection fees imposed or that may be imposed
1788 under the authority of law.
1789 Section 26. Section 601.33, Florida Statutes, is amended to
1790 read:
1791 601.33 Interference with inspectors.—A It is unlawful for
1792 any person may not to obstruct, hinder, resist, interfere with,
1793 or attempt to obstruct, hinder, resist, or interfere with any
1794 authorized inspector in the discharge of any duty imposed upon
1795 or required of her or him by the provisions of law or by any
1796 rule adopted or regulation prescribed by the Department of
1797 Citrus or the Department of Agriculture, or to change or attempt
1798 to change any instrument, substance, article, or fluid used by
1799 such inspector or emergency inspector in making tests of citrus
1800 fruit or the canned or concentrated products thereof.
1801 Section 27. Section 601.34, Florida Statutes, is amended to
1802 read:
1803 601.34 Duties of law enforcement officers.—Each state or
1804 county law enforcement officer shall make arrests for violations
1805 of the citrus fruit laws of this state or of any rule,
1806 regulation, or order of promulgated by the commission or the
1807 Department of Agriculture and Consumer Services under authority
1808 of law when notified of such violation by the Department of
1809 Agriculture or its duly authorized agent or representative.
1810 Section 28. Section 601.35, Florida Statutes, is amended to
1811 read:
1812 601.35 Disputes as to quality, etc.; procedure.—When any
1813 dispute as to quality, grade, or condition of citrus fruit or
1814 the canned or concentrated products thereof arises, the shipper
1815 or any financially interested person may call in at his, her, or
1816 its expense an inspector licensed or certified only by the
1817 United States Department of Agriculture to inspect such citrus
1818 fruit or its canned or concentrated products. Such inspector
1819 shall issue a regular official certificate to the applicant
1820 showing the quality, grade, and condition thereof, and, in all
1821 cases, such certificate shall be prima facie evidence. If such
1822 certificate shows that the citrus fruit or the canned or
1823 concentrated products thereof conforms therein-mentioned and
1824 described to conform to the requirements provisions of this
1825 chapter and the rules, regulations, or orders of the Department
1826 of Citrus and of the Department of Agriculture, such shipper or
1827 such financially interested person may present the original
1828 certificate to the person or representative of the person having
1829 charge of the vehicle of transportation by which such citrus
1830 fruit or the canned or concentrated products thereof are is to
1831 be transported, which person or representative shall then accept
1832 such citrus fruit or the canned or concentrated products thereof
1833 for shipment provided that all other provisions of this chapter
1834 and of the rules, regulations, and orders of the Department of
1835 Citrus and of the Department of Agriculture have been met and
1836 complied with.
1837 Section 29. Section 601.37, Florida Statutes, is amended to
1838 read:
1839 601.37 Unlawful acts of inspectors.—An It is unlawful for
1840 any authorized inspector may not to make or deliver a
1841 certificate of inspection and maturity and quality of any citrus
1842 fruit or the canned or concentrated products thereof upon which
1843 the inspection fees and advertising assessments taxes have not
1844 been paid or the payment thereof guaranteed, or to make or issue
1845 any false certificate as to inspection, maturity, quality, or
1846 payment of inspection fees.
1847 Section 30. Section 601.38, Florida Statutes, is amended to
1848 read:
1849 601.38 Citrus inspectors; authority.—For the purpose of
1850 enforcing the provisions of the citrus fruit laws of this state,
1851 as well as rules the regulations of the department of Citrus,
1852 citrus fruit inspectors may enter into any packinghouse, or
1853 canning plant, or concentrating plant at any hour of day or
1854 night and have and demand access and admission to any enclosed
1855 portion of such said packinghouse, canning plant, or
1856 concentrating plant. Such Said citrus fruit inspectors may also
1857 inspect all packinghouse or canning plant records pertaining to
1858 receipts from groves and to details of receiving, handling,
1859 running, processing, packing, or canning citrus fruit.
1860 Section 31. Section 601.40, Florida Statutes, is amended to
1861 read:
1862 601.40 Registration of citrus packinghouses, processing
1863 plants with Department of Agriculture.—The owner, manager, or
1864 operator of each packinghouse, canning plant, or concentrating
1865 plant, at which it is intended to pack, can, concentrate, or
1866 prepare citrus fruit for market or transportation during the
1867 then-present or the next ensuing citrus fruit shipping season,
1868 shall register such packinghouse, canning plant, or
1869 concentrating plant and its location, shipping point, and post
1870 office with the Department of Agriculture at least not less than
1871 10 days before packing, canning, concentrating, or otherwise
1872 preparing any citrus fruit or the canned or concentrated
1873 products thereof for sale or transportation in or at such
1874 packinghouse, canning plant, or concentrating plant,; and she or
1875 he shall, in addition to such registration, give the said
1876 Department of Agriculture at least not less than 7 days’ written
1877 notice of the date on which packing, canning, concentrating, or
1878 other preparation for sale or transportation of citrus fruit of
1879 the then-current or the next ensuing season’s crop will begin be
1880 begun. The Department of Agriculture shall issue a certificate
1881 of registration to each such packinghouse, canning plant, or
1882 concentrating plant registering.; provided, However, that no
1883 such certificate of registration may not shall be issued to any
1884 packinghouse, canning plant, or concentrating plant unless the
1885 operator thereof has shall have first applied for and received
1886 her or his license as a citrus fruit dealer and furnished a bond
1887 as such citrus fruit dealer in accordance with law.
1888 Section 32. Section 601.43, Florida Statutes, is amended to
1889 read:
1890 601.43 Immature and unfit citrus fruit; individual
1891 sampling.—Any oranges, grapefruit, and tangerines, not
1892 conforming to the minimum maturity requirements set forth in
1893 this chapter and any citrus hybrids not conforming to the
1894 minimum maturity requirements set forth in department rules are
1895 of Citrus regulations shall be deemed and held to be immature
1896 and unfit for human consumption. In the testing of fruit to
1897 determine whether the same conforms to such requirements, any
1898 inspector has shall have the right and authority to test the
1899 individual fruit in any given sample of fruit drawn in the
1900 number and by the manner as prescribed by regulations of the
1901 department rules of Citrus. If, upon the testing of the juice of
1902 said individual fruit in any sample, more than 10 percent of
1903 such said individual fruit shall fail by more than one-half
1904 percentage point to meet the minimum ratio of total soluble
1905 solids to anhydrous citric acid that which is required for such
1906 fruit, then all of the fruit in the lot from which the said
1907 sample was drawn is shall be deemed and shall be held to be
1908 immature and unfit for human consumption.
1909 Section 33. Section 601.44, Florida Statutes, is amended to
1910 read:
1911 601.44 Destruction of immature fruit.—All citrus fruit or
1912 processed citrus products prepared for sale or transportation,
1913 that are which is being prepared for such purpose, or that have
1914 which has been or are is being delivered for sale or
1915 transportation that may be found immature or otherwise unfit for
1916 human consumption upon inspection and testing shall be seized
1917 and destroyed by a citrus fruit inspector or the sheriff of the
1918 county where found as may be provided by regulations prescribed
1919 by the department rules of Citrus. Such Said determination of
1920 immaturity or unfitness for human consumption may be made by a
1921 citrus fruit inspector at any place where such citrus fruit may
1922 be found after severance from the tree, and such seizure and
1923 destruction may likewise occur at any such place. However, in
1924 the event of seizure of citrus fruit upon the grounds that such
1925 citrus fruit fails to show a break in color required by this
1926 chapter or department rules of Citrus regulations for that
1927 particular variety of citrus fruit, the owner or person in
1928 charge of such citrus fruit shall be allowed to separate and
1929 retain for subsequent use, in accordance with the provisions of
1930 this chapter or department rules of Citrus regulations, that
1931 portion of such citrus fruit which shows a break in color
1932 required by this chapter or department rules of Citrus
1933 regulations for that particular variety, and, in such case, only
1934 that portion thereof which fails to show a break in color for
1935 such variety, as required by this chapter or department rules of
1936 Citrus regulations, shall be destroyed by a citrus fruit
1937 inspector or the sheriff of the county, as may be prescribed by
1938 regulations of the department rules of Citrus.
1939 Section 34. Section 601.45, Florida Statutes, is amended to
1940 read:
1941 601.45 Grading of fresh citrus fruit.—
1942 (1) All citrus fruit, except as provided in s. 601.50, sold
1943 or shipped, or offered for sale or shipment, for consumption in
1944 fresh form shall be graded in a registered packinghouse in this
1945 state according to standards established by the department of
1946 Citrus, and the grade of such fruit shall be indicated as
1947 hereinafter provided in this section.
1948 (2) Fresh citrus fruit being transported in bulk form shall
1949 have stamped upon such fruit, subject to department rules:
1950 (a) The actual grade thereof; or
1951 (b) Brands or trademarks properly registered with the
1952 department to represent state or U.S. grades, as provided in
1953 subsection (4).
1954 (3) For fresh citrus fruit being transported when packed in
1955 a closed container approved or otherwise authorized by the
1956 department of Citrus, it shall be sufficient if the closed
1957 container has the grade indicated thereon, in accordance with
1958 department rules, by:
1959 (a) Stamping the grade of the fruit on the container; or
1960 (b) Use of labels, brands, or trademarks properly
1961 registered with the department to represent state or U.S.
1962 grades, as provided in subsection (4).
1963 (4) In accordance with such rules as the department of
1964 Citrus may prescribe, licensed citrus fruit dealers in this
1965 state are shall be entitled to register labels, brands, or
1966 trademarks for grade identification purposes. The department
1967 shall maintain a record of all labels, brands, or trademarks
1968 registered for grade identification purposes, which record may
1969 be purged as necessary.
1970 Section 35. Subsection (1) of section 601.46, Florida
1971 Statutes, is amended to read:
1972 601.46 Condition precedent to sale of citrus fruit.—
1973 (1) It is unlawful, except as provided in s. 601.50, for
1974 any person to sell or offer for sale, to transport, prepare,
1975 receive, or deliver for transportation or market any citrus
1976 fruit in fresh form unless such fruit has matured in accordance
1977 with the maturity standards and is accompanied by a certificate
1978 of inspection and maturity thereof issued by a duly authorized
1979 citrus fruit inspector of the Department of Agriculture and
1980 Consumer Services. However, the Department of Citrus may adopt
1981 rules providing by regulation provide that, in lieu of the
1982 accompaniment of such shipment by a certificate of inspection
1983 and maturity, the fact of such inspection may be shown by
1984 appropriate means on the manifest or bill of lading covering
1985 such shipment.
1986 Section 36. Section 601.49, Florida Statutes, is amended to
1987 read:
1988 601.49 Condition precedent to selling processed citrus
1989 products.—A It is unlawful for any person, except as provided in
1990 s. 601.50, may not to sell or offer for sale, to transport,
1991 receive, or deliver for transportation, or market any canned or
1992 concentrated products of citrus fruits unless such products have
1993 the same has been inspected and are is accompanied by a
1994 certificate of inspection issued by a duly authorized inspector
1995 of the Department of Agriculture., provided, However, that the
1996 Department of Citrus shall by regulation provide that in lieu of
1997 the accompaniment of such shipment by a certificate of
1998 inspection, proof the fact of such inspection may be shown,
1999 pursuant to rules adopted by the Department of Citrus, by
2000 appropriate means on the manifest or bill of lading covering
2001 such shipment.
2002 Section 37. Section 601.50, Florida Statutes, is amended to
2003 read:
2004 601.50 Exemptions; sale or shipment of citrus or citrus
2005 products for certain purposes.—
2006 (1) Notwithstanding Irrespective of the provisions of ss.
2007 601.45, 601.46, 601.48, 601.49, 601.51, and 601.52, the
2008 department may adopt of Citrus under such precautionary rules
2009 that and regulations as it deems may deem expedient to may
2010 permit the sale or shipment of citrus fruit or the canned or
2011 concentrated products thereof without the issuance of and filing
2012 of an inspection certificate and without the grade being shown
2013 on the container thereof, of:
2014 (a)(1) Intrastate shipments of fresh citrus fruit for
2015 consumption or use within the state.;
2016 (b)(2) Shipments to be used for charitable or unemployment
2017 relief purposes.;
2018 (c)(3) Shipments to the United States Government or any of
2019 its agencies and interstate shipments to any packinghouse,
2020 canning plant, or concentrate plant for commercial processing,
2021 as may be defined by the department, of Citrus; or to fresh
2022 fruit juice distributors outside the state.;
2023 (d)(4) Shipments by any method of transportation by “gift
2024 fruit shippers,” as defined by the department of Citrus, but
2025 such shipments shall not be for the purpose of resale by the
2026 consignee thereof.; but, provided
2027 (2) However that, any no such rule adopted under this
2028 section may not or regulation issued hereunder shall permit or
2029 allow the sale or shipment of citrus fruit deemed by this
2030 section to be immature and unfit for human consumption or nor of
2031 canned or concentrated products thereof prepared or made from
2032 citrus fruit deemed by this law to be immature and unfit for
2033 human consumption. In addition; but, provided further, that
2034 shipments under paragraphs (1)(a) and (d) must subsections (1)
2035 and (4) shall meet such minimum grade standards as may
2036 periodically, from time to time, be established by the
2037 department, of Citrus; and, provided further that such rules
2038 must and regulations shall provide for the due collection of any
2039 advertising assessments taxes and inspection fees that may be
2040 due thereon.
2041 Section 38. Section 601.501, Florida Statutes, is amended
2042 to read:
2043 601.501 Charitable shipments exempt from assessments tax
2044 exempt.—Shipments of citrus fruit when permitted under s. 601.50
2045 for charitable purposes are shall be exempt from all advertising
2046 assessments taxes.
2047 Section 39. Section 601.51, Florida Statutes, is amended to
2048 read:
2049 601.51 Certification required for shipment of citrus fruit
2050 or products.—
2051 (1) A person, including a No common carrier or other
2052 carrier, may not: or person,
2053 (a) Except as provided in s. 601.50, shall accept for
2054 shipment, ship, or transport any citrus fruit or the canned or
2055 concentrated products thereof until a grade certificate is
2056 issued showing the grade thereof, which certificate or a
2057 duplicate thereof must shall be filed with the carrier at the
2058 point of shipment., nor shall any common carrier or other
2059 carrier or person
2060 (b) Accept for shipment or ship any citrus fruit or the
2061 canned or concentrated products thereof where written notice has
2062 been given to such person, common carrier, or other carrier or
2063 person, or her or his representative or agent, by the Department
2064 of Agriculture or its authorized agent, employee, or inspector
2065 that such said citrus fruit or the canned or concentrated
2066 products thereof do does not comply with the provisions of law
2067 or the rules adopted and regulations promulgated by the
2068 Department of Citrus or the Department of Agriculture.;
2069 (2)(a) A provided that the shipper or handler of such
2070 citrus fruit or the canned or concentrated products thereof has
2071 shall have the privilege of repacking or remarking, and that, if
2072 or when such citrus fruit or the canned or concentrated products
2073 thereof are the same shall have been repacked or remarked to
2074 conform to the provisions of law or said rules, regulations, or
2075 orders of promulgated by the Department of Citrus or the
2076 Department of Agriculture, the Department of Agriculture or its
2077 authorized inspector or agent shall notify such person, said
2078 common carrier, or other carrier or person, or her or his agent,
2079 that such citrus fruit or the canned or concentrated products
2080 thereof may be accepted for shipment, and such shipper or
2081 handler is shall not be considered as having violated this
2082 chapter or such said rules, regulations, or orders., but
2083 provided further that this section shall be deemed to have been
2084 complied with
2085 (b) If a the shipper conforms shall have conformed to the
2086 rules adopted regulations issued by the Department of Citrus
2087 under the provisions of s. 601.49, the shipper is deemed to have
2088 complied with this section.
2089 Section 40. Section 601.52, Florida Statutes, is amended to
2090 read:
2091 601.52 Carriers not to accept fruit without unless same
2092 bears evidence of payment of assessments and fees excise taxes.
2093 A No common carrier or other carrier or person, except as
2094 provided in s. 601.50, may not shall accept for shipment, ship,
2095 or transport any citrus fruit or processed citrus products
2096 unless the grade certificate, manifest, or bill of lading
2097 covering such said citrus fruit or processed citrus products
2098 bears evidence of the payment, as provided by law, of the taxes,
2099 assessments, and fees imposed by this chapter.
2100 Section 41. Subsection (1) of section 601.54, Florida
2101 Statutes, is amended to read:
2102 601.54 Seizure of unwholesome fruit by Department of
2103 Agriculture’s agents.—
2104 (1) The Department of Agriculture or its duly authorized
2105 inspectors shall seize and destroy all citrus fruit found by the
2106 said Department of Agriculture or inspectors to be unwholesome
2107 or decomposed so that it is unfit for canning or concentrating
2108 purposes as defined by law or by any rule adopted by regulation
2109 of the Department of Citrus under pursuant to authority given in
2110 this chapter, and, in the event any inspector finds shall find
2111 that any canner or concentrator is canning or concentrating
2112 fruit prohibited to be used, she or he may seize and destroy not
2113 only such fresh fruit found in the canning or concentrating
2114 plant but also citrus fruit or juice in the process of being
2115 canned or concentrated or that which has been canned or
2116 concentrated from the same lot or shipment wherein the fresh
2117 fruit is found by such said inspector to be subject to seizure
2118 under the provisions of this section.
2119 Section 42. Subsection (3) of section 601.55, Florida
2120 Statutes, is amended to read:
2121 601.55 Citrus fruit dealer; license required.—
2122 (3) An applicant is shall be limited to the filing of one
2123 application for each citrus shipping season, which application
2124 may be amended if necessary to comply with the requirements of
2125 this chapter and regulations of the department rules of Citrus.
2126 Section 43. Section 601.56, Florida Statutes, is amended to
2127 read:
2128 601.56 Application for dealers’ licenses; requirements.—Any
2129 person desiring to engage in the business of a citrus fruit
2130 dealer in the state must apply shall make application to the
2131 department of Citrus for a license. The department of Citrus
2132 shall adopt rules prescribing by regulation prescribe the
2133 information to be contained in such application.
2134 (1) All such applications, in addition to other information
2135 that which may be prescribed by the department of Citrus, must
2136 contain the following information:
2137 (a) Name and address of the individual, firm, partnership,
2138 association, corporation, or other business unit applying for a
2139 license.;
2140 (b) Names and addresses of the principal stockholders,
2141 officers, partners, or other individuals belonging to or
2142 connected with the applicant if the applicant for a license is a
2143 firm, partnership, association, corporation, or other business
2144 unit, whether it be for profit or otherwise.;
2145 (c) The length of time the applicant has been engaged in
2146 the citrus fruit business in the state Florida in any manner
2147 whatsoever.;
2148 (d) A statement of delinquent accounts, if any, growing out
2149 of the ordinary course of business with producers., if any there
2150 be;
2151 (e) A financial statement of the applicant, if required by
2152 the department of Citrus, showing such information as the
2153 department of Citrus may prescribe regarding the financial
2154 conditions of the applicant.;
2155 (f) Whether or not the applicant or any of its officers,
2156 directors, or stockholders have previously been licensed as a
2157 citrus fruit dealer, or connected with a licensed citrus fruit
2158 dealer in the state and, if so, the date all such licenses were
2159 obtained.; and
2160 (g) The number of boxes of citrus fruit, measured in terms
2161 of standard-packed boxes, that which the applicant intends to
2162 deal with during the current or ensuing shipping season.
2163 (2) If the applicant is an individual and is shown to be a
2164 nonresident of the state, or is a copartnership and each member
2165 is shown to be a nonresident of the state, in either event, the
2166 said applicant shall designate some bona fide resident of the
2167 state as such applicant’s resident agent upon whom process may
2168 be served. The service of process of any of the courts of this
2169 state upon such resident agent shall be as effectual and binding
2170 upon such said applicant as if personally served upon such said
2171 applicant.
2172 (3) If the applicant is a corporation, then such
2173 corporation must be one organized and existing under the laws of
2174 this state or having an unrevoked permit authorizing it to
2175 transact business in this state.
2176 (4) When a license application is submitted for a person or
2177 business entity that which has an unpaid balance due and owing
2178 the department of Citrus for any citrus assessments excise taxes
2179 or delinquency fees levied and imposed under the authority of
2180 this chapter, the applicant shall be notified immediately by the
2181 department,; and such application may shall not be further
2182 processed or presented to the commission for action until such
2183 assessments taxes and fees are paid in full. However, any
2184 applicant whose assessments taxes are under review by the
2185 department of Citrus or are contested in the appropriate
2186 administrative agency or court shall not have its application
2187 denied solely on the basis of owed assessments taxes or fees,
2188 until the matter is determined by the department, agency, or
2189 court.
2190 Section 44. Subsections (1), (6), and (7) of section
2191 601.57, Florida Statutes, are amended to read:
2192 601.57 Examination of application; approval of dealers’
2193 licenses.—
2194 (1) The department of Citrus shall, within a reasonable
2195 time, examine the application and consider the information
2196 submitted therewith, including the applicant’s financial
2197 statement and the reputation of the applicant as shown by
2198 applicant’s past and current history and activities, including
2199 applicant’s method and manner of doing business. The department
2200 of Citrus shall also consider the past history of any applicant,
2201 either individually or in connection with any individual,
2202 copartnership, corporation, association, or other business unit
2203 with whom any applicant has shall have been connected in any
2204 capacity, and may in proper cases impute to any individual,
2205 corporation, copartnership, association, or other business unit
2206 liability for any wrong or unlawful act previously done or
2207 performed by such individual, corporation, copartnership,
2208 association, or other business unit.
2209 (6) The department of Citrus shall designate not more than
2210 three employees directly involved in the processing of citrus
2211 fruit dealer license applications, who shall be a part of, and
2212 shall have access to, the criminal justice information system
2213 described in chapter 943, for purposes of investigating license
2214 applicants.
2215 (7) The department may adopt rules establishing of Citrus
2216 is authorized to establish by rule the procedure and guidelines
2217 for granting interim conditional staff approval for issuance of
2218 a conditional citrus fruit dealer’s license, which license shall
2219 at all times be subject to final approval or other action by the
2220 commission at its next regular meeting. Any license so issued
2221 shall clearly and conspicuously indicate thereon the conditional
2222 nature of the approval and pendency of final action.
2223 Section 45. Subsection (1) of section 601.58, Florida
2224 Statutes, is amended to read:
2225 601.58 Application approval or disapproval.—
2226 (1) Each citrus fruit dealer’s license application that
2227 which is approved, or approved subject to conditions, shall be
2228 forwarded immediately to the Department of Agriculture and
2229 Consumer Services, which shall, upon satisfaction of the stated
2230 conditions, if any are endorsed thereon, issue to the applicant
2231 an appropriate license as prescribed in s. 601.60.
2232 Section 46. Section 601.60, Florida Statutes, is amended to
2233 read:
2234 601.60 Issuance of dealers’ licenses.—
2235 (1) Whenever an application bears the approved endorsement
2236 of the Department of Citrus and satisfactions of conditions of
2237 approval, if any, and the applicant has paid the prescribed fee,
2238 the Department of Agriculture and Consumer Services shall issue
2239 to such applicant a license, as approved by the Department of
2240 Citrus, which shall entitle the licensee to do business as a
2241 citrus fruit dealer during the effective term of such license in
2242 accordance with s. 601.55 or, if applicable, until such license
2243 is may be suspended or revoked by the Department of Agriculture
2244 and Consumer Services in accordance with the provisions of law.
2245 The Department of Agriculture and Consumer Services may issue a
2246 provisional license for a period of no longer than 1 year to an
2247 applicant who is under investigation for an action that would
2248 constitute a violation of this chapter or has pending against
2249 such applicant an administrative or civil proceeding that which
2250 alleges an action that would constitute a violation of this
2251 chapter. The department shall establish by rule requirements for
2252 renewal of a provisional license. When the investigation is
2253 complete or the pending proceeding has been disposed of, the
2254 Department of Agriculture may issue a regular license under this
2255 section.
2256 (2) If, during the effective term of such license, there is
2257 any change in the ownership, officers, managership, or
2258 stockholders of any copartnership, association, corporation, or
2259 other business unit to which a license has been issued, the
2260 licensee shall immediately notify the Department of Citrus in
2261 writing specifying the change in detail. The Department of
2262 Citrus may shall be entitled to receive, and the licensee must
2263 shall be required to promptly furnish, such additional
2264 information as if the licensee were applying for a new license.
2265 If, after investigating the facts and applying the standards
2266 prescribed for the issuance of new licenses, the commission
2267 finds that the licensee is not entitled to a citrus fruit
2268 dealer’s license, the commission shall recommend to the
2269 Department of Agriculture and Consumer Services that such
2270 existing license be suspended or revoked, and, upon such
2271 recommendation, the Department of Agriculture and Consumer
2272 Services shall immediately take necessary steps to suspend or
2273 revoke such existing license.
2274 Section 47. Section 601.601, Florida Statutes, is amended
2275 to read:
2276 601.601 Registration of dealers’ agents.—Each Every
2277 licensed citrus fruit dealer shall:
2278 (1) Register with the Department of Agriculture each and
2279 every agent, as defined in s. 601.03(2), who is authorized to
2280 represent such dealer; apply make application for registration
2281 of such agent or agents on a form approved by the Department of
2282 Agriculture and filed with the Department of Agriculture at
2283 least not less than 5 days before prior to the active
2284 participation of the agent or agents on behalf of such dealer in
2285 any transaction described in s. 601.03(2); and be held fully
2286 liable for and legally bound by all contracts and agreements,
2287 verbal or written, involving the consignment, purchase, or sale
2288 of citrus fruit executed by a duly registered agent on the
2289 dealer’s behalf during the entire period of valid registration
2290 of such agent the same as though such contracts or agreements
2291 were executed by the dealer. Registration of each agent shall be
2292 for the entire shipping season for which the applying dealer’s
2293 license is issued; however, a licensed dealer may cancel the
2294 registration of any agent registered by her or him by returning
2295 the agent’s identification card to the Department of Agriculture
2296 and giving formal written notice to the Department of
2297 Agriculture of at least not less than 10 days. In addition, such
2298 dealer shall make every effort to alert the public to the fact
2299 that the agent is no longer authorized to represent her or him.
2300 An agent may be registered by more than one licensed dealer for
2301 the same shipping season, provided that each licensed dealer
2302 applies shall apply individually for registration of the agent
2303 and further provided that written consent is given by each and
2304 every dealer under whose license the agent has valid prior
2305 registration.
2306 (2) When the above requirements of subsection (1) and such
2307 additional requirements as may be set forth by rules regulations
2308 adopted by the Department of Citrus for registration of an agent
2309 are have been met and the fee required by s. 601.59(2) is has
2310 been paid, the Department of Agriculture shall duly register the
2311 agent and issue an identification card certifying such
2312 registration. The identification card, among other things, shall
2313 show in a prominent manner:
2314 (a) The name and address of the agent.;
2315 (b) The authorizing dealer’s name, address, and license
2316 number.;
2317 (c) The effective date and season for which registration is
2318 made.;
2319 (d)1. A space for signature of the agent.;
2320 2. A space to be countersigned by the licensed dealer.;
2321 3. A statement providing that the card is not valid unless
2322 so signed and countersigned.
2323
2324 The department of Citrus may periodically, from time to time,
2325 adopt, as necessary, additional requirements or conditions
2326 relating to the registration of agents as may be necessary.
2327 Section 48. Section 601.61, Florida Statutes, is amended to
2328 read:
2329 601.61 Bond requirements of citrus fruit dealers.—
2330 (1)(a) Except as hereinafter provided in this section,
2331 before prior to the approval of a citrus fruit dealer’s license,
2332 the applicant therefor must deliver to the Department of
2333 Agriculture and Consumer Services a good and sufficient cash
2334 bond, an appropriate certificate of deposit, or a surety bond
2335 executed by the applicant as principal and by a surety company
2336 qualified to do business in this state as surety, in an amount
2337 as determined by the Department of Citrus pursuant to rules
2338 adopted by the department. The rules shall allow the department
2339 to consider any of following factors for determining the amount
2340 of such bonds or certificates of deposit amount of such bond or
2341 certificate of deposit shall be determined by taking into
2342 consideration any one or more of the following: the number of
2343 standard packed boxes of citrus fruit, or the equivalent
2344 thereof, that which the applicant intends to handle during the
2345 term of the license as set forth in the application; the total
2346 volume of fruit handled by the dealer the previous season; the
2347 highest month’s volume handled the previous season; the
2348 anticipated increase in the total citrus crop during the season
2349 for which the application for license is made; or and other
2350 relevant factors based on the following schedule:
2351 (a) $1,000 up to 2,000 boxes;
2352 (b) $2,000 up to 5,000 boxes;
2353 (c) $3,750 up to 7,500 boxes;
2354 (d) $5,000 up to 10,000 boxes;
2355 (e) $10,000 up to 20,000 boxes;
2356 (f) $1,000 for each additional 20,000 boxes or fraction
2357 thereof in excess of 20,000 boxes, with a maximum bond of
2358 $100,000.
2359 (b) If a citrus fruit dealer during the term of her or his
2360 license finds that she or he has handled, or can reasonably
2361 expect to handle, a volume of fruit greater than that covered by
2362 a posted bond or certificate of deposit, the dealer has shall
2363 have the affirmative duty to of immediately notify notifying the
2364 Department of Agriculture and Consumer Services and initiate a
2365 review by the Department of Citrus to determine any initiating
2366 an increase required in the amount of such bond or certificate
2367 of deposit to comply with the department’s rules for determining
2368 the an amount of such bonds or certificates of deposit that will
2369 meet the requirements set forth above.
2370 (2) Such Said bond shall be in the form approved by the
2371 Department of Agriculture and Consumer Services and shall be
2372 conditioned as provided in s. 601.66(9);, and also to fully
2373 comply with the terms and conditions of all contracts, verbal or
2374 written, made by the citrus fruit dealer with producers or with
2375 other citrus fruit dealers, relative to the purchasing,
2376 handling, sale, and accounting of purchases and sales of citrus
2377 fruit;, and upon the dealer’s dealer accounting for the proceeds
2378 from, and paying for, any citrus fruit purchased or contracted
2379 for, in accordance with the terms of the contracts with
2380 producers;, and upon the dealer’s dealer accounting for any
2381 advance payments or deposits made, and delivering all citrus
2382 fruit contracted for, in accordance with the terms of the
2383 contracts with other citrus fruit dealers. The commission may
2384 prescribe by rule that such a producer contract contain
2385 information that it considers necessary to protect the producer
2386 from deceptive practices. For purposes of this chapter, every
2387 such contract shall be conclusively deemed to have been made and
2388 entered into during the shipping season in which the delivery of
2389 fruit into the primary channel of trade is made.
2390 (3) Such Said bond shall be to the Department of
2391 Agriculture, for the use and benefit of every producer and of
2392 every citrus fruit dealer with whom the dealer deals in the
2393 purchase, handling, sale, and accounting of purchases and sales
2394 of citrus fruit. The aggregate accumulative liability under any
2395 bond may shall not exceed the amount of the bond named therein.
2396 Such Said bond shall provide that the surety company executing
2397 the bond is thereon shall not be liable to any citrus fruit
2398 dealer claiming to be injured or damaged by such the said dealer
2399 if the aggregate of the amounts found to be due to producers
2400 pursuant to the provisions of this chapter equals or exceeds the
2401 amount of the bond, unless such citrus fruit dealer is also a
2402 producer and is acting in the capacity of a producer and not in
2403 the capacity of a citrus fruit dealer in the transaction wherein
2404 she or he claims to have been injured or damaged by applicant;
2405 however, but if the aggregate of such amounts is less than the
2406 amount of the bond, then the surety may be held liable to such
2407 citrus fruit dealers, but not in excess of the sum by which the
2408 amount of the bond exceeds the aggregate of the amounts found to
2409 be due to producers pursuant to the provisions of this chapter.
2410 (4) The Department of Citrus or the Department of
2411 Agriculture, or any officer or employee designated by the
2412 Department of Citrus or the Department of Agriculture, is
2413 authorized shall have the right to inspect such accounts and
2414 records of any citrus fruit dealer as may be deemed necessary to
2415 determine whether a bond that which has been delivered to the
2416 Department of Agriculture is in the amount required by this
2417 section or whether a previously licensed nonbonded dealer should
2418 be required to furnish bond. If any such citrus fruit dealer
2419 refuses to permit such inspection, the Department of Agriculture
2420 may publish the facts and circumstances and by order suspend the
2421 license of the offender until permission to make such inspection
2422 is given. Upon a finding by the Department of Agriculture that
2423 any citrus fruit dealer has dealt or probably will deal with
2424 more fruit during the season than shown by the application, the
2425 Department of Agriculture may order such bond increased to such
2426 an amount as will meet the requirements as set forth in the
2427 rules adopted by the Department of Citrus for determining the
2428 amount bond schedule of such bonds subsection (1). Upon failure
2429 to file such increased bond within the time fixed by the
2430 Department of Agriculture, the Department of Agriculture may
2431 publish the facts and circumstances and by order suspend the
2432 license of such citrus fruit dealer until such the said bond is
2433 increased as ordered.
2434 (5)(a) The following citrus fruit, subject to such rules as
2435 may be prescribed by the Department of Citrus, is shall not be
2436 considered as fruit with which the applicant intends to deal for
2437 the purpose of determining the amount of the bond required under
2438 subsection (1):;
2439 1. Citrus fruit that which the applicant produces.
2440 2. Citrus fruit that which is handled for its members by a
2441 cooperative marketing association organized and existing under
2442 the provisions of either chapter 618 or chapter 619.
2443 3. Fresh citrus fruit handled by the applicant that, which
2444 has been prepared and packaged by a registered packinghouse
2445 other than the applicant and has been inspected and certified
2446 for shipment.
2447 4. Citrus fruit handled by the applicant from citrus groves
2448 for which the applicant provides complete grove management
2449 services under direct contract with the owner or producer.
2450 5. Citrus fruit handled by a corporate or partnership
2451 applicant that is from citrus groves owned by officers or
2452 stockholders of the corporation or from citrus groves owned by
2453 the partnership, the parent corporation, or a wholly owned
2454 subsidiary corporation or its corporate officers or
2455 stockholders, or any partner of a partnership, if; provided that
2456 appropriate waivers of right to any claim against the bond
2457 required to be posted by this section are be attached to and
2458 made a part of the license application for license.
2459 6. Processed citrus fruit handled by the applicant that
2460 which has been processed and packaged by a registered citrus
2461 processing plant other than the applicant and has been inspected
2462 and certified for shipment.
2463 (b) If the applicant does not intend to deal with any
2464 citrus fruit other than that described in paragraph (a) which
2465 comes within the foregoing classifications, the Department of
2466 Agriculture and Consumer Services shall issue a license without
2467 the posting of a bond. Such a license shall bear a descriptive
2468 statement to the effect that the licensee is not a bonded citrus
2469 fruit dealer.
2470 (c) A claim against any citrus fruit dealer’s bond required
2471 to be posted by this section shall not be accepted with respect
2472 to any damages in connection with fruit handled under the
2473 provisions of subparagraphs (a)1.-6. of paragraph (a) if such
2474 claim is filed against the bond of the dealer who was granted
2475 bond exempt status for such said fruit.
2476 (6) If any of the provisions of this act shall be held to
2477 be unconstitutional or invalid for any reason by any court of
2478 competent jurisdiction or if such court shall find or declare
2479 that no applicant shall be required to furnish the bond required
2480 by this act, then and in that event this entire act shall be
2481 ineffective for any and all purposes and the laws in effect on
2482 July 31, 1965, which are amended by this act, shall not be
2483 deemed to be amended or repealed by this act but shall instead
2484 remain in full force and effect it being the intention of the
2485 Legislature that in such event this entire act shall be
2486 ineffective for any and all purposes and the laws in effect on
2487 July 31, 1965, which are amended or repealed by this act shall
2488 instead not be deemed to be amended or repealed by this act but
2489 shall remain in full force and effect.
2490 Section 49. Subsection (7) of section 601.64, Florida
2491 Statutes, is amended to read:
2492 601.64 Citrus fruit dealers; unlawful acts.—It is unlawful
2493 in, or in connection with, any transaction relative to the
2494 purchase, handling, sale, and accounting of sales of citrus
2495 fruit:
2496 (7) For any citrus fruit dealer to violate or aid or abet
2497 in the violation of any rule adopted or regulation duly
2498 promulgated by the department of Citrus.
2499 Section 50. Subsections (1), (6), (7), and (8) of section
2500 601.66, Florida Statutes, are amended to read:
2501 601.66 Complaints of violations by citrus fruit dealers;
2502 procedure; bond distribution; court action on bond.—
2503 (1) Any person may complain of any violation of any of the
2504 provisions of this chapter by any citrus fruit dealer during any
2505 shipping season, by filing of a written complaint with the
2506 Department of Agriculture and Consumer Services at any time
2507 before prior to May 1 of the year immediately after following
2508 the end of such shipping season. Such Said complaint shall
2509 briefly state the facts, and the Department of Agriculture and
2510 Consumer Services shall thereupon, if the facts alleged prima
2511 facie warrant such action, forward true copies of such said
2512 complaint to the dealer in question and also to the surety
2513 company on the dealer’s bond. The dealer at such time shall be
2514 called upon, within a reasonable time to be prescribed by the
2515 Department of Agriculture and Consumer Services, either to
2516 satisfy the complaint or to answer the complaint in writing,
2517 either admitting or denying the liability.
2518 (6) Upon failure by a dealer to comply with an order of the
2519 Department of Agriculture and Consumer Services directing
2520 payment, the Department of Agriculture and Consumer Services
2521 shall call upon the surety company to pay over to the Department
2522 of Agriculture and Consumer Services, out of the bond
2523 theretofore posted by the surety for such dealer, the amount of
2524 damages sustained but not exceeding the amount of the bond. The
2525 proceeds to the Department of Agriculture and Consumer Services
2526 by the surety company shall, in the discretion of the Department
2527 of Agriculture and Consumer Services, be either paid to the
2528 original complainant or held by the Department of Agriculture
2529 and Consumer Services for later disbursement, depending upon the
2530 time during the shipping season when the complaint was made,
2531 when liability was admitted by the dealer, when the proceeds
2532 were so paid by the surety company to the Department of
2533 Agriculture and Consumer Services, the amount of other claims
2534 then pending against the same dealer, the amount of other claims
2535 already adjudicated against the dealer, and such other pertinent
2536 facts as the Department of Agriculture and Consumer Services in
2537 its discretion may consider material. The Department of
2538 Agriculture and Consumer Services, if it decides to pay the
2539 proceeds to the original complainant, may has authority to order
2540 an increase in the original bond of the dealer to such higher
2541 sum as to the Department of Agriculture and Consumer Services
2542 would be justified under all the circumstances so as to protect
2543 other possible claimants and to exercise all powers otherwise
2544 confided to it under this chapter to enforce the posting of such
2545 increased bond. The Department of Agriculture and Consumer
2546 Services also, in its discretion as the facts and circumstances
2547 might appear to it, may hold the amount of such proceeds until
2548 such later time, up to the time when all claims have been filed
2549 during the allotted period after the closing of the shipping
2550 season and such claims adjudicated, and may then disburse the
2551 total proceeds in its possession paid over to it by the surety
2552 company on the dealer’s bond as such claims were adjudicated to
2553 the various claimants, paying first to the producers the amount
2554 of their claims in full, if such proceeds are sufficient for
2555 such purpose, and if not, then in pro rata shares to such
2556 producer claimants. The balance of any; and if there then exist
2557 additional proceeds in the hands of the Department of
2558 Agriculture and Consumer Services, after all claims of producers
2559 have been paid in full, the balance of such proceeds shall be
2560 paid to claimants who are citrus fruit dealers, either in whole
2561 or in pro rata portion, as the aggregate of their claims may
2562 bear to the amount of such additional proceeds.
2563 (7) Upon failure of a surety company to comply with a
2564 demand for payment of the proceeds of a citrus fruit dealer’s
2565 bond pursuant to administrative orders entered by the Department
2566 of Agriculture fixing amounts due claimants, the Department of
2567 Agriculture shall within a reasonable time file in the Circuit
2568 Court in and for Polk County, an original petition or complaint
2569 setting forth the administrative proceedings before the
2570 Department of Agriculture and ask for final order of the court
2571 directing the surety company to pay the proceeds of the said
2572 bond to the Department of Agriculture for distribution to the
2573 claimants.
2574 (8) In any court proceeding filed under subsection (7), the
2575 findings of facts and orders of the Department of Agriculture
2576 shall be prima facie evidence of the facts therein stated, and
2577 if in such suit the Department of Agriculture is successful and
2578 the court affirms the Department of Agriculture’s department’s
2579 demand for payment from the surety company, the Department of
2580 Agriculture shall be allowed all court costs incurred therein
2581 and also a reasonable attorney fees attorney’s fee to be fixed
2582 and collected as a part of the costs of the suit.
2583 Section 51. Section 601.67, Florida Statutes, is amended to
2584 read:
2585 601.67 Disciplinary action by Department of Agriculture and
2586 Consumer Services against citrus fruit dealers.—
2587 (1) The Department of Agriculture and Consumer Services may
2588 impose a fine not exceeding $50,000 per violation against any
2589 licensed citrus fruit dealer for violation of any provision of
2590 this chapter and, in lieu of, or in addition to, such fine, may
2591 revoke or suspend the license of any such dealer when it has
2592 been satisfactorily shown that such dealer, in her or his
2593 activities as a citrus fruit dealer, has:
2594 (a) Obtained a license by means of fraud,
2595 misrepresentation, or concealment;
2596 (b) Violated or aided or abetted in the violation of any
2597 law of this state governing or applicable to citrus fruit
2598 dealers or any lawful rules of the Department of Citrus;
2599 (c) Been guilty of a crime against the laws of this or any
2600 other state or government involving moral turpitude or dishonest
2601 dealing, or has become legally incompetent to contract or be
2602 contracted with;
2603 (d) Made, printed, published, distributed, or caused,
2604 authorized, or knowingly permitted the making, printing,
2605 publication, or distribution of false statements, descriptions,
2606 or promises of such a character as to reasonably induce any
2607 person to act to her or his damage or injury, if such citrus
2608 fruit dealer then knew, or, by the exercise of reasonable care
2609 and inquiry, could have known, of the falsity of such
2610 statements, descriptions, or promises;
2611 (e) Knowingly committed or been a party to any material
2612 fraud, misrepresentation, concealment, conspiracy, collusion,
2613 trick, scheme, or device whereby any other person lawfully
2614 relying upon the word, representation, or conduct of the citrus
2615 fruit dealer has acted to her or his injury or damage;
2616 (f) Committed any act or conduct of the same or different
2617 character of that hereinabove enumerated which constitutes
2618 fraudulent or dishonest dealing; or
2619 (g) Violated any of the provisions of ss. 506.19-506.28,
2620 both sections inclusive.
2621 (2) The Department of Agriculture may impose a fine not
2622 exceeding $100,000 per violation against any person who operates
2623 as a citrus fruit dealer without a current citrus fruit dealer
2624 license issued by the Department of Agriculture pursuant to s.
2625 601.60. In addition, the Department of Agriculture may order
2626 such person to cease and desist operating as a citrus fruit
2627 dealer without a license. An administrative order entered by the
2628 Department of Agriculture under this subsection may be enforced
2629 pursuant to s. 601.73.
2630 (3) The Department of Agriculture shall impose a fine of
2631 not less than $10,000 nor more than $100,000 per violation
2632 against any licensed citrus fruit dealer and shall suspend, for
2633 60 days during the first available period between September 1
2634 and May 31, the license of any citrus fruit dealer who:
2635 (a) Falsely labels or otherwise misrepresents that a fresh
2636 citrus fruit was grown in a specific production area specified
2637 in s. 601.091; or
2638 (b) Knowingly, falsely labels or otherwise misrepresents
2639 that a processed citrus fruit product was prepared solely with
2640 citrus fruit grown in a specific production area specified in s.
2641 601.091.
2642 (4) Any fine imposed pursuant to subsection (1), subsection
2643 (2), or subsection (3), when paid, shall be deposited by the
2644 Department of Agriculture and Consumer Services into its General
2645 Inspection Trust Fund.
2646 (5) Whenever any administrative order has been made and
2647 entered by the Department of Agriculture that and Consumer
2648 Services which imposes a fine pursuant to this section, such
2649 order shall specify a time limit for payment of the fine, not
2650 exceeding 15 days. The failure of the dealer involved to pay the
2651 fine within that time shall result in the immediate suspension
2652 of such citrus fruit dealer’s current license, or any
2653 subsequently issued license, until such time as the order has
2654 been fully satisfied. Any order suspending a citrus fruit
2655 dealer’s license shall include a provision that such suspension
2656 shall be for a specified period of time not to exceed 60 days,
2657 and such period of suspension may commence at any designated
2658 date within the current license period or subsequent license
2659 period. Whenever an order has been entered that which suspends a
2660 citrus fruit dealer’s license for a definite period of time and
2661 that license, by law, expires during the period of suspension,
2662 the suspension order shall continue automatically and shall be
2663 effective against any subsequent citrus fruit dealer’s license
2664 issued to such dealer until such time as the entire period of
2665 suspension has elapsed. Whenever any such administrative order
2666 of the Department of Agriculture and Consumer Services is sought
2667 to be reviewed by the offending dealer involved in a court of
2668 competent jurisdiction, if such court proceedings should finally
2669 terminate in such administrative order being upheld or not
2670 quashed, such order shall thereupon, upon the filing with the
2671 Department of Agriculture and Consumer Services of a certified
2672 copy of the mandate or other order of the last court having to
2673 do with the matter in the judicial process, become immediately
2674 effective and shall then be carried out and enforced
2675 notwithstanding such time will be during a new and subsequent
2676 shipping season from that during which the administrative order
2677 was first originally entered by the Department of Agriculture
2678 and Consumer Services.
2679 Section 52. Subsection (9) of section 601.69, Florida
2680 Statutes, is amended to read:
2681 601.69 Records to be kept by citrus fruit dealers.—Every
2682 citrus fruit dealer shall make and keep a correct record showing
2683 in detail the following with reference to the purchase,
2684 handling, sale, and accounting of sale of citrus fruit handled
2685 by her or him, namely:
2686 (9) Any other record or account required to be kept and
2687 maintained by such dealer by rule adopted by or regulation of
2688 the department of Citrus duly promulgated.
2689 Section 53. Section 601.70, Florida Statutes, is amended to
2690 read:
2691 601.70 Inspection of records by Department of Agriculture
2692 and Consumer Services.—The Department of Agriculture and
2693 Consumer Services, or its duly authorized agents, shall have the
2694 right to inspect all accounts, records, and memoranda of any
2695 citrus fruit dealer required to be kept under pursuant to the
2696 provisions of this chapter. If any such citrus fruit dealer
2697 refuses to permit such inspection, the Department of Agriculture
2698 may publish the facts and circumstances and by order suspend the
2699 license of the offender until permission to make such inspection
2700 is given.
2701 Section 54. Subsection (1) of section 601.701, Florida
2702 Statutes, is amended to read:
2703 601.701 Penalty for failure to keep records.—
2704 (1) It is shall be unlawful to fail to keep any records
2705 required to be kept under the provisions of the Florida Citrus
2706 Code of 1949, or any amendments thereto, or required to be kept
2707 by any other law or by any rule adopted by authorized regulation
2708 of the Department of Agriculture or the Department of Citrus, or
2709 to falsify or cause the falsification of any such records or to
2710 keep false records.
2711 Section 55. Paragraph (a) of subsection (1) and subsection
2712 (2) of section 601.731, Florida Statutes, are amended to read:
2713 601.731 Transporting citrus on highways; name and dealer
2714 designation on vehicles; load identification; penalty.—
2715 (1)(a) It is unlawful to operate any truck, tractor,
2716 trailer, or other motor vehicle hauling citrus fruit in bulk or
2717 in unclosed containers for commercial purposes on the highways
2718 of this state unless such truck, tractor, trailer, or other
2719 motor vehicle is:
2720 1. Designated by a number assigned or permitted for use in
2721 the way and manner and to the extent prescribed by regulation of
2722 the department rule of Citrus.
2723 2. Identified by lettering plainly showing the name of the
2724 person owning same, or the name of any lessee or other person
2725 operating same. The lettering shall not be less than 3 inches in
2726 height on both sides of the vehicle or on the front end and the
2727 rear end of the vehicle, except that lettering on flatbed
2728 semitrailers shall not be less than 1 1/2 inches in height on
2729 the rear end of the trailer.
2730 (2) Any person driving any truck, tractor, trailer, or
2731 other motor vehicle hauling citrus fruit in bulk or in unclosed
2732 containers for commercial purposes on the highways of the state
2733 must shall have on her or his person while when driving such
2734 vehicle a certificate or other paper showing the approximate
2735 amount of fruit being hauled; the name of the owner and the
2736 grove or other origin of such fruit; the number painted or
2737 affixed by decal, as well as the number of the motor vehicle
2738 license tag, on the vehicle in which such fruit is being hauled;
2739 and such other information and data as may be prescribed by
2740 regulation of the department rule of Citrus, and it is unlawful
2741 to drive any such vehicle on the highways of this state without
2742 having such certificate or other paper. The failure of any such
2743 person to have such certificate or other paper on her or his
2744 person while when driving such vehicle, as aforesaid, is prima
2745 facie evidence of intent to violate and of the violation of this
2746 section act.
2747 Section 56. Section 601.74, Florida Statutes, is amended to
2748 read:
2749 601.74 Adoption of rules; fees for licensing and analysis
2750 of processing materials.—The Department of Agriculture and
2751 Consumer Services may adopt rules and set fees with respect to
2752 the licensing and analysis of materials and composition used on
2753 or in the packing of citrus fruits. Such rules may include fees
2754 for permitting dyes and coloring matter. Fees shall be not less
2755 than the amount of $30 nor more than $100 for each manufacturer
2756 applying making application to the Department of Agriculture.
2757 All such license fees collected under this section hereunder
2758 shall be paid monthly by the Department of Agriculture and
2759 Consumer Services into the State Treasury to the credit of the
2760 General Inspection Trust Fund and shall be appropriated and made
2761 available for defraying the expenses incurred in the
2762 administration of this law.
2763 Section 57. Section 601.75, Florida Statutes, is amended to
2764 read:
2765 601.75 Dyes and coloring matter for citrus fruit to be
2766 certified prior to use.—The Department of Agriculture and
2767 Consumer Services may adopt rules with respect to the permitting
2768 and certification of dyes and coloring matter for citrus fruit
2769 prior to use on any citrus fruit.
2770 Section 58. Section 601.76, Florida Statutes, is amended to
2771 read:
2772 601.76 Manufacturer to furnish formula and other
2773 information.—The Department of Agriculture and Consumer Services
2774 may adopt rules with respect to requirements for information
2775 that which must be furnished by manufacturers of coloring matter
2776 for use on citrus fruit. Such information may include product
2777 formulas. Any formula required to be filed with the Department
2778 of Agriculture and Consumer Services shall be deemed a trade
2779 secret as defined in s. 812.081, is confidential and exempt from
2780 the provisions of s. 119.07(1), and shall only be divulged to
2781 the Department of Agriculture and Consumer Services or to its
2782 duly authorized representatives or upon orders of a court of
2783 competent jurisdiction when necessary in the enforcement of this
2784 law. A person who receives such a formula from the Department of
2785 Agriculture under this section shall maintain the
2786 confidentiality of the formula.
2787 Section 59. Section 601.77, Florida Statutes, is amended to
2788 read:
2789 601.77 Subsequent analysis of coloring matter; inspection
2790 of packinghouses for application.—The Department of Agriculture
2791 and Consumer Services may, by rule, provide for subsequent
2792 analysis of coloring matter, for inspection of packinghouses or
2793 other places where coloring matter is applied to citrus fruit,
2794 and for grounds for revocation of a license to use coloring
2795 matter on fruit.
2796 Section 60. Section 601.78, Florida Statutes, is amended to
2797 read:
2798 601.78 Manufacturer to post bond.—The Department of
2799 Agriculture and Consumer Services may, by rule, require cash or
2800 surety bonds to be posted by manufacturers of coloring matter
2801 used on citrus fruit. The Department of Agriculture and Consumer
2802 Services shall adopt rules prescribing the amount and form of
2803 such bonds and the grounds and procedures for forfeiture of
2804 same. The amount of the bond may shall not exceed $5,000.
2805 Section 61. Section 601.80, Florida Statutes, is amended to
2806 read:
2807 601.80 Unlawful to use uncertified coloring matter.—It is
2808 unlawful for any person to use on oranges or citrus hybrids any
2809 coloring matter which has not first received the approval of the
2810 Department of Agriculture and Consumer Services as provided by
2811 rule adopted under pursuant to s. 601.76.
2812 Section 62. Section 601.85, Florida Statutes, is amended to
2813 read:
2814 601.85 Standard shipping box for fresh fruit.—The
2815 specifications for the standard legal shipping box, when crate,
2816 or container to be used as a unit of trade or for reporting
2817 purposes, in shipping fresh citrus fruits shall be as
2818 established by the department, of Citrus; but provided that the
2819 unit of a standard-packed box, commonly called 1 3/5 bushels,
2820 shall contain an inside cubical measurement of 3,456 cubic
2821 inches.
2822 Section 63. Section 601.86, Florida Statutes, is amended to
2823 read:
2824 601.86 Standard field boxes for fresh citrus fruit.—The
2825 standard field box or its equivalent, when used as a unit of
2826 trade or for reporting purposes, All field boxes used in the
2827 purchase, sale, or handling of citrus fruit from or for the
2828 grower by a citrus fruit dealer in the state shall be of the
2829 uniform standard size of 31 1/2 inches long, 13 inches high, and
2830 12 inches wide, inside measurements, and shall be divided into
2831 two compartments by a center partition of at least three-fourths
2832 inch thickness,; and each of these compartments thus created
2833 shall have a cubical capacity that does of not to exceed 2,400
2834 cubic inches.
2835 Section 64. Subsection (3) of section 601.91, Florida
2836 Statutes, is amended to read:
2837 601.91 Unlawful to sell, transport, prepare, receive, or
2838 deliver freeze-damaged citrus.—
2839 (3) The manner and method of drawing samples and conducting
2840 tests under this section shall be prescribed by rules and
2841 regulations of the Department of Citrus. The inspection in the
2842 state of all citrus fruits seriously damaged by freezing and the
2843 enforcement of this section and of rules, regulations, and
2844 orders of made by the department of Citrus pursuant to and under
2845 authority of this section shall be under the direction,
2846 supervision, and control of the Department of Agriculture and
2847 its duly authorized agents and inspectors who are qualified
2848 under existing laws to inspect for grade and maturity,; and all
2849 citrus fruits that may be found to be seriously damaged by
2850 freezing, as defined by s. 601.89, upon inspection and testing
2851 shall be seized and may be confiscated and destroyed under the
2852 supervision of the citrus fruit inspector at the expense of the
2853 owner unless previous disposition is made by the owner or other
2854 person who offered the same for inspection, all the provisions
2855 of this section being subject to such reasonable rules and
2856 regulations as may be adopted promulgated by the Department of
2857 Citrus.
2858 Section 65. Section 601.9901, Florida Statutes, is amended
2859 to read:
2860 601.9901 Certificates of inspection; form.—All certificates
2861 of inspection prescribed by this chapter shall be of such
2862 number, form, size, and character as the department of Citrus
2863 may by rule and regulation prescribe and shall be used in such
2864 manner as to identify the fruit or the canned or concentrated
2865 products thereof to which they relate.
2866 Section 66. Section 601.9902, Florida Statutes, is amended
2867 to read:
2868 601.9902 Payment of salaries and expenses; Department of
2869 Citrus.—All salaries, costs, and expenses incurred by the
2870 department of Citrus in the administration and the enforcement
2871 of this chapter and in the performance of the department’s its
2872 duties and the exercise of its powers under the laws of this
2873 state shall be proratably paid from the moneys derived from the
2874 citrus advertising assessments taxes imposed on the various
2875 types of citrus fruit in such proportion as the department of
2876 Citrus may find each respective type is affected by such
2877 expenditures.
2878 Section 67. Section 601.9903, Florida Statutes, is amended
2879 to read:
2880 601.9903 Annual report of Department of Citrus.—The
2881 department of Citrus shall submit make an annual report to the
2882 Governor concerning upon the work of the department of Citrus.
2883 The department It shall also submit make such special reports
2884 concerning upon any phase of the department’s work of the
2885 Department of Citrus as may be requested called for by the
2886 Governor or the Legislature or either house thereof.
2887 Section 68. Section 601.99035, Florida Statutes, is amended
2888 to read:
2889 601.99035 Annual travel report of Department of Citrus.—The
2890 department of Citrus shall, at the end of each fiscal year,
2891 publish an annual travel report that states, for each department
2892 staff member of the Department of Citrus and each commission
2893 member of the Florida Citrus Commission who has traveled during
2894 that year, the name of the person, the person’s position title,
2895 the date on which a claim for reimbursement was submitted, the
2896 dates of travel, the destinations, the purpose of the travel,
2897 and all expenditures that resulted from the travel.
2898 Section 69. Section 601.99036, Florida Statutes, is amended
2899 to read:
2900 601.99036 Approval of specified salary changes.—Any change
2901 in the annual salary of an employee of the department who earns
2902 of Citrus which is at or above $100,000 or more annually must be
2903 approved by a majority the full membership of the Florida Citrus
2904 commission at the meeting of the commission in July 2003, or at
2905 the first subsequent meeting, and before the any subsequent
2906 salary adjustment is made.
2907 Section 70. Section 601.9904, Florida Statutes, is amended
2908 to read:
2909 601.9904 Rules and regulations; Frozen citrus juices; rules
2910 of Department of Citrus.—The department shall adopt of Citrus is
2911 hereby authorized and required to promulgate and enforce rules
2912 and regulations concerning the contents, preparation,
2913 concentrating, other processing, and keeping or storing of
2914 frozen concentrated fresh citrus juices, and such rules and
2915 regulations may govern, cover but are not limited to, the
2916 sanitary conditions under which such product is prepared, the
2917 type of equipment and machinery used therein, and the manner and
2918 method of storage within this state, and the manner and method
2919 of shipment.
2920 Section 71. Subsection (6) of section 601.9908, Florida
2921 Statutes, is amended to read:
2922 601.9908 Canned tangerine juice; standards; labeling.—No
2923 canned tangerine juice shall be sold or offered for sale or
2924 shipped or offered for shipment which:
2925 (6) Does not meet requirements to be established by the
2926 department of Citrus regarding color, absence of defects, taste,
2927 and flavor; unless the immediate container thereof shall be
2928 labeled in accordance with regulations of the department of
2929 Citrus and there shall appear on such label the word
2930 “substandard” in bold type not less than 1/4 inch high printed
2931 or stamped diagonally thereon.
2932 Section 72. Paragraphs (c) and (d) of subsection (1) and
2933 subsections (2) and (3) of section 601.9910, Florida Statutes,
2934 are amended to read:
2935 601.9910 Legislative findings of fact; strict enforcement
2936 of maturity standard in public interest.—
2937 (1) FINDINGS.—
2938 (c) The Legislature finds and determines and so declares
2939 that there is no better method of determining when such raw and
2940 immature flavor leaves Florida citrus than by the standards
2941 authorized by set forth in this chapter and set forth in
2942 department rule; and that experience has demonstrated over a
2943 period of many years, by the best available records and under
2944 various climatic conditions and various seasonal changes, that
2945 generally speaking, before prior to November 1 of each season,
2946 oranges that which do not have a total soluble solids of 9
2947 percent with a minimum ratio of total soluble solids, as set
2948 forth in department rule s. 601.20, still have a raw, immature
2949 flavor; and that, beginning on or about November 1 of each
2950 season, such raw, immature fruit flavor gradually disappears
2951 from the orange, and by November 15 the same orange may have a
2952 still lower soluble solids percentage and not be immature; that
2953 and after November 15 the same orange can still have a further
2954 lower soluble solids percentage without being immature; and that
2955 by December 1 nature has completed its process of removing the
2956 raw, immature flavor that which might have existed before prior
2957 to that time, provided such fruit meets the other minimum
2958 maturity requirements authorized by set forth in this chapter
2959 and set forth in department rule. On December 1 oranges meeting
2960 the requirements set forth in department rule of s. 601.19(4),
2961 while not being sufficiently mature to ship in fresh form, may
2962 be safely used in some processed products without the finished
2963 product having a raw, immature flavor. On December 1 grapefruit
2964 meeting the requirements set forth in department rule of s.
2965 601.16(4), while not being sufficiently mature to ship in fresh
2966 form, may be safely used in some processed products without the
2967 finished product having a raw, immature flavor.
2968 (d) The Legislature finds and determines and so declares
2969 that the enforcement of the maturity standards, authorized by as
2970 set forth in this chapter and set forth in department rule, will
2971 not result in preventing any grower from marketing her or his
2972 fruit at some time during the marketing season, whenever nature
2973 has removed the raw, immature flavor,; and, if there is a delay
2974 in such marketing, it will result in higher prices for the
2975 entire season, bringing additional millions of dollars to the
2976 state’s growers of Florida and resulting in benefit to all
2977 growers, including the grower or growers who were delayed a
2978 short time in the shipment of their fruit.
2979 (2) DECLARATION.—Therefore, the Legislature declares that
2980 the strict enforcement of the maturity standards authorized by,
2981 as set forth in this chapter and set forth in department rule,
2982 is definitely in the public’s interest and for the public’s
2983 welfare, and that no citrus that should be shipped from Florida
2984 and sold in the consuming markets which has a raw, immature
2985 flavor, and that which could be classed by the consuming public
2986 as “Florida green fruit.” should be shipped from the state and
2987 sold in consuming markets.
2988 (3) RULES SETTING FORTH REGULATIONS REGARDING MATURITY
2989 STANDARDS FOR HYBRIDS.—The Legislature finds and determines that
2990 the classifications of and maturity standards for citrus hybrids
2991 should be established by rules adopted regulations promulgated
2992 by the department of Citrus pursuant to this chapter.
2993 Section 73. Section 601.9911, Florida Statutes, is amended
2994 to read:
2995 601.9911 Fruit may be sold or transported direct from
2996 producer.—Any citrus producer may transport her or his own
2997 citrus fruit or any citrus fruit may be sold or purchased and
2998 transported in interstate or intrastate commerce in truckload
2999 lots direct from a producer, and any such fruit so sold,
3000 purchased, or transported need not be processed, handled by any
3001 packinghouse, washed, polished, graded, stamped, labeled,
3002 branded, placed in containers, or otherwise prepared for market
3003 as may be provided in this chapter herein. Such fruit shall be
3004 certified at the time of inspection as tree run grade of fruit,
3005 but shall otherwise remain subject to the maturity standards and
3006 all other conditions, restrictions, emergency quality assurance
3007 orders, and other requirements of this chapter and shall be
3008 inspected for such compliance as all other fruit is inspected at
3009 such convenient locations as may be determined by the Department
3010 of Agriculture. Any such fruit violating any provision of the
3011 provisions of this chapter, or any rule adopted by or regulation
3012 of the department under of Citrus made pursuant to this chapter,
3013 but not inconsistent with this section, may be seized,
3014 condemned, and destroyed as provided in this chapter herein. At
3015 the time of such inspection, all fees and, assessments, and
3016 excise taxes provided in this chapter shall be paid and
3017 collected at the same rate as paid by all other fresh fruit
3018 growers or shippers.
3019 Section 74. Section 601.9918, Florida Statutes, is amended
3020 to read:
3021 601.9918 Rules related to issuance and use of symbols.—In
3022 rules related to the issuance and voluntary use of symbols,
3023 certification marks, service marks, or trademarks, the
3024 commission may make general references to national or state
3025 requirements that the license applicant would be compelled to
3026 meet regardless of the Department of Agriculture’s department’s
3027 issuance of the license applied for.
3028 Section 75. Section 601.992, Florida Statutes, is amended
3029 to read:
3030 601.992 Collection of dues and other payments on behalf of
3031 certain nonprofit corporations engaged in market news and grower
3032 education.—The Florida Department of Citrus or the Department of
3033 Agriculture and Consumer Services or their successors may
3034 collect or compel the entities regulated by the Department of
3035 Agriculture to collect dues, contributions, or any other
3036 financial payment upon request by, and on behalf of, any not
3037 for-profit corporation, and its related not-for-profit
3038 corporations, located in this state that receive which receives
3039 payments or dues from their its members. Such not-for-profit
3040 corporation must be engaged, to the exclusion of agricultural
3041 commodities other than citrus, in market news and grower
3042 education solely for citrus growers, and must have at least
3043 5,000 members who are engaged in growing citrus in this state
3044 for commercial sale. The Department of Agriculture may adopt
3045 rules pursuant to ss. 120.536(1) and 120.54 to administer
3046 implement this section. The rules may establish indemnity
3047 requirements for the requesting corporation and for fees to be
3048 charged to the corporation that which are sufficient but do not
3049 exceed the amount necessary to ensure that any direct costs
3050 incurred by the Department of Agriculture in implementing this
3051 section are borne by the requesting corporation and not by the
3052 Department of Agriculture.
3053 Section 76. Subsection (1) of section 603.161, Florida
3054 Statutes, is amended to read:
3055 603.161 Sales certificates, work orders to accompany
3056 certain fruit.—
3057 (1) This section applies to tropical or subtropical fruit.
3058 “Tropical or subtropical fruit” means avocados, bananas,
3059 calamondins, carambolas, guavas, kumquats, limes, longans,
3060 loquats, lychees, mameys, mangoes, papayas, passion fruit,
3061 sapodillas, and fruit that must be grown in tropical or
3062 semitropical regions, except citrus fruit as defined in s.
3063 601.03(7).
3064 Section 77. Effective January 1, 2013, sections 601.16,
3065 601.17, 601.18, 601.19, 601.20, 601.21, 601.22, 601.87, 601.90,
3066 601.901, 601.981, 601.9905, 601.9906, 601.9907, 601.9909,
3067 601.9913, 601.9914, and 601.9916, Florida Statutes, are
3068 repealed.
3069 Section 78. Except as otherwise expressly provided in this
3070 act, this act shall take effect July 1, 2012.
