HB 0225CS

CHAMBER ACTION




1The Committee on Agriculture recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to the Department of Citrus; amending s.
7601.04, F.S.; requiring the Florida Citrus Commission to
8establish an executive committee for certain purposes;
9providing for membership, terms, meetings, and
10responsibilities of the committee; requiring committee
11meetings to be open to the public; amending s. 601.155,
12F.S.; requiring the department to develop a process for
13persons liable for the equalizing excise tax to elect to
14not pay a portion of the tax; prohibiting the department
15from expending certain amounts of excise tax moneys for
16advertising, marketing, or public relations activities
17under certain circumstances; providing an exception;
18providing for the dismissal of certain claims; requiring
19the commission to include a report by the department's
20internal auditor as an agenda item at each regularly
21scheduled commission meeting; providing an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Section 601.04, Florida Statutes, is amended to
26read:
27     601.04  Florida Citrus Commission; creation and membership;
28executive committee.--
29     (1)(a)  There is hereby created and established within the
30Department of Citrus a board to be known and designated as the
31"Florida Citrus Commission" to be composed of 12 practical
32citrus fruit persons who are resident citizens of the state,
33each of whom is and has been actively engaged in growing,
34growing and shipping, or growing and processing of citrus fruit
35in the state for a period of at least 5 years immediately prior
36to appointment to the said commission and has, during said
37period, derived a major portion of her or his income therefrom
38or, during said time, has been the owner of, member of, officer
39of, or paid employee of a corporation, firm, or partnership
40which has, during said time, derived the major portion of its
41income from the growing, growing and shipping, or growing and
42processing of citrus fruit.
43     (b)  Seven members of the commission shall be designated as
44grower members and shall be primarily engaged in the growing of
45citrus fruit as an individual owner; as the owner of, or as
46stockholder of, a corporation; or as a member of a firm or
47partnership primarily engaged in citrus growing. None of such
48members shall receive any compensation from any licensed citrus
49fruit dealer or handler, as defined in s. 601.03, other than
50gift fruit shippers, but any of the grower members shall not be
51disqualified as a member if, individually, or as the owner of, a
52member of, an officer of, or a stockholder of a corporation,
53firm, or partnership primarily engaged in citrus growing which
54processes, packs, and markets its own fruit and whose business
55is primarily not purchasing and handling fruit grown by others.
56Five members of the commission shall be designated as grower-
57handler members and shall be engaged as owners, or as paid
58officers or employees, of a corporation, firm, partnership, or
59other business unit engaged in handling citrus fruit. Two of
60such five grower-handler members shall be primarily engaged in
61the fresh fruit business and three of such five grower-handler
62members shall be primarily engaged in the processing of citrus
63fruits.
64     (c)  There shall be four members of the commission from
65each of the three citrus districts. Each member must reside in
66the district from which she or he was appointed. For the
67purposes of this section, the residence of a member shall be the
68actual physical and permanent residence of the member.
69     (2)(a)  The members of such commission shall possess the
70qualifications herein provided and shall be appointed by the
71Governor for terms of 3 years each. Appointments shall be made
72by February 1 preceding the commencement of the term and shall
73be subject to confirmation by the Senate in the following
74legislative session. Four members shall be appointed each year.
75Such members shall serve until their respective successors are
76appointed and qualified. The regular terms shall begin on June 1
77and shall end on May 31 of the third year after such
78appointment.
79     (b)  When appointments are made, the Governor shall
80publicly announce the actual classification and district that
81each appointee represents. A majority of the members of the
82commission shall constitute a quorum for the transaction of all
83business and the carrying out of the duties of the commission.
84Before entering upon the discharge of their duties as members of
85the commission, each member shall take and subscribe to the oath
86of office prescribed in s. 5, Art. II of the State Constitution.
87The qualification of each member as herein required shall
88continue throughout the respective term of office, and in the
89event a member should, after appointment, fail to meet the
90qualifications or classification which she or he possessed at
91the time of appointment as above set forth, such member shall
92resign or be removed and be replaced with a member possessing
93the proper qualifications and classification.
94     (c)  When making an appointment to the commission, the
95Governor shall announce the district and classification of the
96person appointed.
97     (3)(a)  The commission is authorized to elect a chair and
98vice chair and such other officers as it may deem advisable.
99     (b)  The chair, subject to commission concurrence, may
100appoint such advisory committees or councils composed of
101industry representatives as the chair deems appropriate, setting
102forth areas of committee or council concern which are consistent
103with the statutory powers and duties of the commission and the
104Department of Citrus.
105     (4)(a)  The commission shall establish an executive
106committee, which shall consist of the chair of the commission
107and two additional members of the commission. The members of the
108executive committee shall be elected for a term of 1 year at the
109same meeting at which the chair of the commission is elected,
110except that the initial executive committee shall be elected at
111the first commission meeting held following the effective date
112of this act.
113     (b)  Any matter that is to be considered by the commission
114or by the executive director of the Department of Citrus must be
115submitted in advance to the executive committee for approval,
116rejection, or modification. The executive committee shall meet
117no later than 10 days before each meeting of the commission in
118order to consider, at a minimum, any item on the agenda for the
119upcoming commission meeting. All meetings of the executive
120committee shall be open to the public and governed by chapter
121286.
122     (5)(4)  It is the intent of the Legislature that the
123commission be redistricted every 5 years. Redistricting shall be
124based on the total boxes produced from each of the three
125districts during that 5-year period.
126     Section 2.  Present subsections (10) and (11) of section
127601.155, Florida Statutes, are renumbered as subsections (11)
128and (12), respectively, and a new subsection (10) is added to
129said section, to read:
130     601.155  Equalizing excise tax; credit; exemption.--
131     (10)  Notwithstanding any other provision of law, the
132Department of Citrus shall develop a process by which any person
133liable for the excise tax imposed under this section may
134annually object to payment of the tax. Any such objection must
135be allowed without discretion as to the validity thereof and
136that person shall be granted the immediate right to elect not to
137pay two-thirds of the applicable tax rate. The department may
138not expend any of the remaining one-third of the applicable tax
139rate on any advertising, marketing, or public relations
140activities to which any person liable for the excise tax imposed
141under this section objects, although such funds may be used for
142research, administration, and regulatory activities. Effective
143July 1, 2004, upon any necessary legislative appropriation of
144moneys due under the settlement agreement of Consolidated Case
145No. 2002-CA-4686 in the Circuit Court of the Tenth Judicial
146Circuit in Polk County, the plaintiffs shall agree to the
147dismissal of their claim under the foreign commerce clause with
148prejudice.
149     Section 3.  The Florida Citrus Commission shall include as
150an agenda item at each regularly scheduled meeting a report by
151the internal auditor of the Department of Citrus.
152     Section 4.  This act shall take effect July 1, 2004.


CODING: Words stricken are deletions; words underlined are additions.