Senate Bill 1046e1

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    CS for CS for SB 1046                          First Engrossed



  1                      A bill to be entitled

  2         An act relating to rulemaking authority with

  3         respect to the regulation of the citrus

  4         industry; creating s. 601.9918, F.S.;

  5         authorizing the Florida Citrus Commission to

  6         refer to national or state requirements in

  7         rules relating to issuance and use of symbols,

  8         certification marks, service marks, and

  9         trademarks; amending s. 601.10, F.S.;

10         authorizing the Department of Citrus to adopt a

11         rule listing forms to be used in conducting its

12         business; amending s. 601.61, F.S., relating to

13         the bond requirements of citrus fruit dealers;

14         allowing the Florida Citrus Commission to

15         prescribe certain terms of producer contracts;

16         providing an effective date.

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18  Be It Enacted by the Legislature of the State of Florida:

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20         Section 1.  Section 601.9918, Florida Statutes, is

21  created to read:

22         601.9918  Rules related to issuance and use of

23  symbols.--In rules related to the issuance and voluntary use

24  of symbols, certification marks, service marks, or trademarks,

25  the commission may make general references to national or

26  state requirements that the license applicant would be

27  compelled to meet regardless of the department's issuance of

28  the license applied for.

29         Section 2.  Subsection (15) is added to section 601.10,

30  Florida Statutes, to read:

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    CS for CS for SB 1046                          First Engrossed



  1         601.10  Powers of the Department of Citrus.--The

  2  Department of Citrus shall have and shall exercise such

  3  general and specific powers as are delegated to it by this

  4  chapter and other statutes of the state, which powers shall

  5  include, but shall not be confined to, the following:

  6         (15)  To provide by rule a list of forms used in

  7  conducting its business.  The adoption of such rule

  8  constitutes sufficient notice to the public of the existence

  9  of the forms and negates the need to place specific citation

10  to such list throughout the related chapters of the Florida

11  Administrative Code.

12         Section 3.  Subsection (2) of section 601.61, Florida

13  Statutes, is amended to read:

14         601.61  Bond requirements of citrus fruit dealers.--

15         (2)  Said bond shall be in the form approved by the

16  Department of Agriculture and Consumer Services and shall be

17  conditioned as provided in s. 601.66(9), and also to fully

18  comply with the terms and conditions of all contracts, verbal

19  or written, made by the citrus fruit dealer with producers or

20  with other citrus fruit dealers, relative to the purchasing,

21  handling, sale, and accounting of purchases and sales of

22  citrus fruit, and upon the dealer accounting for the proceeds

23  from, and paying for, any citrus fruit purchased or contracted

24  for, in accordance with the terms of the contracts with

25  producers, and upon the dealer accounting for any advance

26  payments or deposits made, and delivering all citrus fruit

27  contracted for, in accordance with the terms of the contracts

28  with other citrus fruit dealers. The commission may prescribe

29  by rule that such a producer contract contain information that

30  it considers necessary to protect the producer from deceptive

31  practices. For purposes of this chapter, every such contract


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    CS for CS for SB 1046                          First Engrossed



  1  shall be conclusively deemed to have been made and entered

  2  into during the shipping season in which the delivery of fruit

  3  into the primary channel of trade is made.

  4         Section 4.  This act shall take effect upon becoming a

  5  law.

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