1 | The Committee on Agriculture recommends the following: |
2 |
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3 | Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to the Department of Citrus; amending s. |
7 | 601.04, F.S.; requiring the Florida Citrus Commission to |
8 | establish an executive committee for certain purposes; |
9 | providing for membership, terms, meetings, and |
10 | responsibilities of the committee; requiring committee |
11 | meetings to be open to the public; amending s. 601.155, |
12 | F.S.; requiring the department to develop a process for |
13 | persons liable for the equalizing excise tax to elect to |
14 | not pay a portion of the tax; prohibiting the department |
15 | from expending certain amounts of excise tax moneys for |
16 | advertising, marketing, or public relations activities |
17 | under certain circumstances; providing an exception; |
18 | providing for the dismissal of certain claims; requiring |
19 | the commission to include a report by the department's |
20 | internal auditor as an agenda item at each regularly |
21 | scheduled commission meeting; providing an effective date. |
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23 | Be It Enacted by the Legislature of the State of Florida: |
24 |
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25 | Section 1. Section 601.04, Florida Statutes, is amended to |
26 | read: |
27 | 601.04 Florida Citrus Commission; creation and membership; |
28 | executive committee.-- |
29 | (1)(a) There is hereby created and established within the |
30 | Department of Citrus a board to be known and designated as the |
31 | "Florida Citrus Commission" to be composed of 12 practical |
32 | citrus fruit persons who are resident citizens of the state, |
33 | each of whom is and has been actively engaged in growing, |
34 | growing and shipping, or growing and processing of citrus fruit |
35 | in the state for a period of at least 5 years immediately prior |
36 | to appointment to the said commission and has, during said |
37 | period, derived a major portion of her or his income therefrom |
38 | or, during said time, has been the owner of, member of, officer |
39 | of, or paid employee of a corporation, firm, or partnership |
40 | which has, during said time, derived the major portion of its |
41 | income from the growing, growing and shipping, or growing and |
42 | processing of citrus fruit. |
43 | (b) Seven members of the commission shall be designated as |
44 | grower members and shall be primarily engaged in the growing of |
45 | citrus fruit as an individual owner; as the owner of, or as |
46 | stockholder of, a corporation; or as a member of a firm or |
47 | partnership primarily engaged in citrus growing. None of such |
48 | members shall receive any compensation from any licensed citrus |
49 | fruit dealer or handler, as defined in s. 601.03, other than |
50 | gift fruit shippers, but any of the grower members shall not be |
51 | disqualified as a member if, individually, or as the owner of, a |
52 | member of, an officer of, or a stockholder of a corporation, |
53 | firm, or partnership primarily engaged in citrus growing which |
54 | processes, packs, and markets its own fruit and whose business |
55 | is primarily not purchasing and handling fruit grown by others. |
56 | Five members of the commission shall be designated as grower- |
57 | handler members and shall be engaged as owners, or as paid |
58 | officers or employees, of a corporation, firm, partnership, or |
59 | other business unit engaged in handling citrus fruit. Two of |
60 | such five grower-handler members shall be primarily engaged in |
61 | the fresh fruit business and three of such five grower-handler |
62 | members shall be primarily engaged in the processing of citrus |
63 | fruits. |
64 | (c) There shall be four members of the commission from |
65 | each of the three citrus districts. Each member must reside in |
66 | the district from which she or he was appointed. For the |
67 | purposes of this section, the residence of a member shall be the |
68 | actual physical and permanent residence of the member. |
69 | (2)(a) The members of such commission shall possess the |
70 | qualifications herein provided and shall be appointed by the |
71 | Governor for terms of 3 years each. Appointments shall be made |
72 | by February 1 preceding the commencement of the term and shall |
73 | be subject to confirmation by the Senate in the following |
74 | legislative session. Four members shall be appointed each year. |
75 | Such members shall serve until their respective successors are |
76 | appointed and qualified. The regular terms shall begin on June 1 |
77 | and shall end on May 31 of the third year after such |
78 | appointment. |
79 | (b) When appointments are made, the Governor shall |
80 | publicly announce the actual classification and district that |
81 | each appointee represents. A majority of the members of the |
82 | commission shall constitute a quorum for the transaction of all |
83 | business and the carrying out of the duties of the commission. |
84 | Before entering upon the discharge of their duties as members of |
85 | the commission, each member shall take and subscribe to the oath |
86 | of office prescribed in s. 5, Art. II of the State Constitution. |
87 | The qualification of each member as herein required shall |
88 | continue throughout the respective term of office, and in the |
89 | event a member should, after appointment, fail to meet the |
90 | qualifications or classification which she or he possessed at |
91 | the time of appointment as above set forth, such member shall |
92 | resign or be removed and be replaced with a member possessing |
93 | the proper qualifications and classification. |
94 | (c) When making an appointment to the commission, the |
95 | Governor shall announce the district and classification of the |
96 | person appointed. |
97 | (3)(a) The commission is authorized to elect a chair and |
98 | vice chair and such other officers as it may deem advisable. |
99 | (b) The chair, subject to commission concurrence, may |
100 | appoint such advisory committees or councils composed of |
101 | industry representatives as the chair deems appropriate, setting |
102 | forth areas of committee or council concern which are consistent |
103 | with the statutory powers and duties of the commission and the |
104 | Department of Citrus. |
105 | (4)(a) The commission shall establish an executive |
106 | committee, which shall consist of the chair of the commission |
107 | and two additional members of the commission. The members of the |
108 | executive committee shall be elected for a term of 1 year at the |
109 | same meeting at which the chair of the commission is elected, |
110 | except that the initial executive committee shall be elected at |
111 | the first commission meeting held following the effective date |
112 | of this act. |
113 | (b) Any matter that is to be considered by the commission |
114 | or by the executive director of the Department of Citrus must be |
115 | submitted in advance to the executive committee for approval, |
116 | rejection, or modification. The executive committee shall meet |
117 | no later than 10 days before each meeting of the commission in |
118 | order to consider, at a minimum, any item on the agenda for the |
119 | upcoming commission meeting. All meetings of the executive |
120 | committee shall be open to the public and governed by chapter |
121 | 286. |
122 | (5)(4) It is the intent of the Legislature that the |
123 | commission be redistricted every 5 years. Redistricting shall be |
124 | based on the total boxes produced from each of the three |
125 | districts during that 5-year period. |
126 | Section 2. Present subsections (10) and (11) of section |
127 | 601.155, Florida Statutes, are renumbered as subsections (11) |
128 | and (12), respectively, and a new subsection (10) is added to |
129 | said section, to read: |
130 | 601.155 Equalizing excise tax; credit; exemption.-- |
131 | (10) Notwithstanding any other provision of law, the |
132 | Department of Citrus shall develop a process by which any person |
133 | liable for the excise tax imposed under this section may |
134 | annually object to payment of the tax. Any such objection must |
135 | be allowed without discretion as to the validity thereof and |
136 | that person shall be granted the immediate right to elect not to |
137 | pay two-thirds of the applicable tax rate. The department may |
138 | not expend any of the remaining one-third of the applicable tax |
139 | rate on any advertising, marketing, or public relations |
140 | activities to which any person liable for the excise tax imposed |
141 | under this section objects, although such funds may be used for |
142 | research, administration, and regulatory activities. Effective |
143 | July 1, 2004, upon any necessary legislative appropriation of |
144 | moneys due under the settlement agreement of Consolidated Case |
145 | No. 2002-CA-4686 in the Circuit Court of the Tenth Judicial |
146 | Circuit in Polk County, the plaintiffs shall agree to the |
147 | dismissal of their claim under the foreign commerce clause with |
148 | prejudice. |
149 | Section 3. The Florida Citrus Commission shall include as |
150 | an agenda item at each regularly scheduled meeting a report by |
151 | the internal auditor of the Department of Citrus. |
152 | Section 4. This act shall take effect July 1, 2004. |