House Bill 4345
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4345
By Representative Spratt
1 A bill to be entitled
2 An act relating to rulemaking authority with
3 respect to the regulation of the citrus
4 industry; amending s. 601.10, F.S.; authorizing
5 the Department of Citrus to adopt a rule
6 listing forms to be used in conducting its
7 business; amending s. 601.61, F.S., relating to
8 bond requirements of citrus fruit dealers;
9 allowing the Florida Citrus Commission to
10 prescribe certain terms of producer contracts;
11 creating s. 601.9918, F.S.; authorizing the
12 Florida Citrus Commission to refer to national
13 or state requirements in rules relating to
14 issuance and use of symbols, certification
15 marks, service marks, or trademarks; providing
16 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. Subsection (15) is added to section 601.10,
21 Florida Statutes, to read:
22 601.10 Powers of the Department of Citrus.--The
23 Department of Citrus shall have and shall exercise such
24 general and specific powers as are delegated to it by this
25 chapter and other statutes of the state, which powers shall
26 include, but shall not be confined to, the following:
27 (15) To provide by rule a list of forms used in
28 conducting its business. The adoption of such rule
29 constitutes sufficient notice to the public of the existence
30 of the forms and negates the need to place specific citation
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Florida House of Representatives - 1998 HB 4345
587-115-98
1 to such list throughout the related chapters of the Florida
2 Administrative Code.
3 Section 2. Subsection (2) of section 601.61, Florida
4 Statutes, is amended to read:
5 601.61 Bond requirements of citrus fruit dealers.--
6 (2) Said bond shall be in the form approved by the
7 Department of Agriculture and Consumer Services and shall be
8 conditioned as provided in s. 601.66(9), and also to fully
9 comply with the terms and conditions of all contracts, verbal
10 or written, made by the citrus fruit dealer with producers or
11 with other citrus fruit dealers, relative to the purchasing,
12 handling, sale, and accounting of purchases and sales of
13 citrus fruit, and upon the dealer accounting for the proceeds
14 from, and paying for, any citrus fruit purchased or contracted
15 for, in accordance with the terms of the contracts with
16 producers, and upon the dealer accounting for any advance
17 payments or deposits made, and delivering all citrus fruit
18 contracted for, in accordance with the terms of the contracts
19 with other citrus fruit dealers. The commission may prescribe
20 by rule that such a producer contract contain information that
21 it considers necessary to protect the producer from deceptive
22 practices. For purposes of this chapter, every such contract
23 shall be conclusively deemed to have been made and entered
24 into during the shipping season in which the delivery of fruit
25 into the primary channel of trade is made.
26 Section 3. Section 601.9918, Florida Statutes, is
27 created to read:
28 601.9918 Rules related to issuance and use of
29 symbols.--In rules related to the issuance and voluntary use
30 of symbols, certification marks, service marks, or trademarks,
31 the commission may make general references to national or
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Florida House of Representatives - 1998 HB 4345
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1 state requirements that the license applicant would be
2 compelled to meet regardless of the department's issuance of
3 the license applied for.
4 Section 4. This act shall take effect upon becoming a
5 law.
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8 HOUSE SUMMARY
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Authorizes the Department of Citrus to adopt a rule
10 listing the forms used in conducting its business. Allows
the Florida Citrus Commission to prescribe by rule that a
11 producer contract must contain information that the
commission considers necessary for the protection of the
12 producer from deceptive practices. Authorizes the
Florida Citrus Commission to make general reference to
13 national or state requirements in its rules relating to
issuance and use of symbols, certification marks, service
14 marks, or trademarks if a license applicant would be
required to comply with those requirements regardless of
15 the Department of Citrus' action with respect to issuance
of the license applied for.
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