Senate Bill sb0096c1

    Florida Senate - 2004        (Corrected Copy)     CS for SB 96

    By the Committee on Agriculture; and Senator Alexander





    303-2143-04

  1                      A bill to be entitled

  2         An act relating to the Department of Citrus;

  3         amending s. 601.04, F.S.; requiring the

  4         commission to establish an executive committee

  5         from among its members; providing for the

  6         selection of executive committee members and

  7         for terms of office; requiring that matters to

  8         be considered by the Florida Citrus Commission

  9         or executive director of the Department of

10         Citrus be submitted in advance to the executive

11         committee for approval, rejection, or

12         modification; providing requirements for

13         meetings of the executive committee; requiring

14         that meetings of the executive committee be

15         open to the public and governed by ch. 286,

16         F.S., relating to public meetings and records;

17         amending s. 601.155, F.S.; requiring the

18         department to develop a process for persons

19         liable for the equalizing excise tax to elect

20         to not pay a portion of the tax; prohibiting

21         the department from expending any remaining

22         amount of excise tax moneys for advertising,

23         marketing, or public-relations activities;

24         providing for the dismissal of certain claims;

25         requiring the Florida Citrus Commission to

26         include a report by the internal auditor of the

27         Department of Citrus as an agenda item at each

28         regularly scheduled meeting; providing an

29         effective date.

30  

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

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    Florida Senate - 2004        (Corrected Copy)     CS for SB 96
    303-2143-04




 1         Section 1.  Section 601.04, Florida Statutes, is

 2  amended to read:

 3         601.04  Florida Citrus Commission; creation and

 4  membership; executive committee.--

 5         (a)  There is hereby created and established within the

 6  Department of Citrus a board to be known and designated as the

 7  "Florida Citrus Commission" to be composed of 12 practical

 8  citrus fruit persons who are resident citizens of the state,

 9  each of whom is and has been actively engaged in growing,

10  growing and shipping, or growing and processing of citrus

11  fruit in the state for a period of at least 5 years

12  immediately prior to appointment to the said commission and

13  has, during said period, derived a major portion of her or his

14  income therefrom or, during said time, has been the owner of,

15  member of, officer of, or paid employee of a corporation,

16  firm, or partnership which has, during said time, derived the

17  major portion of its income from the growing, growing and

18  shipping, or growing and processing of citrus fruit.

19         (b)  Seven members of the commission shall be

20  designated as grower members and shall be primarily engaged in

21  the growing of citrus fruit as an individual owner; as the

22  owner of, or as stockholder of, a corporation; or as a member

23  of a firm or partnership primarily engaged in citrus growing.

24  None of such members shall receive any compensation from any

25  licensed citrus fruit dealer or handler, as defined in s.

26  601.03, other than gift fruit shippers, but any of the grower

27  members shall not be disqualified as a member if,

28  individually, or as the owner of, a member of, an officer of,

29  or a stockholder of a corporation, firm, or partnership

30  primarily engaged in citrus growing which processes, packs,

31  and markets its own fruit and whose business is primarily not

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    Florida Senate - 2004        (Corrected Copy)     CS for SB 96
    303-2143-04




 1  purchasing and handling fruit grown by others.  Five members

 2  of the commission shall be designated as grower-handler

 3  members and shall be engaged as owners, or as paid officers or

 4  employees, of a corporation, firm, partnership, or other

 5  business unit engaged in handling citrus fruit.  Two of such

 6  five grower-handler members shall be primarily engaged in the

 7  fresh fruit business and three of such five grower-handler

 8  members shall be primarily engaged in the processing of citrus

 9  fruits.

10         (c)  There shall be four members of the commission from

11  each of the three citrus districts. Each member must reside in

12  the district from which she or he was appointed.  For the

13  purposes of this section, the residence of a member shall be

14  the actual physical and permanent residence of the member.

15         (2)(a)  The members of such commission shall possess

16  the qualifications herein provided and shall be appointed by

17  the Governor for terms of 3 years each.  Appointments shall be

18  made by February 1 preceding the commencement of the term and

19  shall be subject to confirmation by the Senate in the

20  following legislative session.  Four members shall be

21  appointed each year. Such members shall serve until their

22  respective successors are appointed and qualified. The regular

23  terms shall begin on June 1 and shall end on May 31 of the

24  third year after such appointment.

25         (b)  When appointments are made, the Governor shall

26  publicly announce the actual classification and district that

27  each appointee represents.  A majority of the members of the

28  commission shall constitute a quorum for the transaction of

29  all business and the carrying out of the duties of the

30  commission.  Before entering upon the discharge of their

31  duties as members of the commission, each member shall take

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    Florida Senate - 2004        (Corrected Copy)     CS for SB 96
    303-2143-04




 1  and subscribe to the oath of office prescribed in s. 5, Art.

 2  II of the State Constitution.  The qualification of each

 3  member as herein required shall continue throughout the

 4  respective term of office, and in the event a member should,

 5  after appointment, fail to meet the qualifications or

 6  classification which she or he possessed at the time of

 7  appointment as above set forth, such member shall resign or be

 8  removed and be replaced with a member possessing the proper

 9  qualifications and classification.

10         (c)  When making an appointment to the commission, the

11  Governor shall announce the district and classification of the

12  person appointed.

13         (3)(a)  The commission is authorized to elect a chair

14  and vice chair and such other officers as it may deem

15  advisable.

16         (b)  The chair, subject to commission concurrence, may

17  appoint such advisory committees or councils composed of

18  industry representatives as the chair deems appropriate,

19  setting forth areas of committee or council concern which are

20  consistent with the statutory powers and duties of the

21  commission and the Department of Citrus.

22         (4)(a)  The commission shall establish an executive

23  committee, which shall consist of the chair of the commission

24  and two additional commission members elected by a majority

25  vote of the members of the commission. The members of the

26  executive committee shall be elected for a term of 1 year at

27  the same meeting at which the chair of the commission is

28  elected, except that the initial executive committee shall be

29  elected at the first commission meeting held following the

30  effective date of this act.

31  

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    Florida Senate - 2004        (Corrected Copy)     CS for SB 96
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 1         (b)  Any matter that is to be considered by the Florida

 2  Citrus Commission or by the executive director of the

 3  Department of Citrus must be submitted in advance to the

 4  executive committee for approval, rejection, or modification.

 5  The executive committee shall meet no later than 10 days

 6  before each meeting of the Florida Citrus Commission in order

 7  to consider, at a minimum, any item on the agenda for the

 8  upcoming commission meeting. All meetings of the executive

 9  committee shall be open to the public and governed by chapter

10  286.

11         (5)(4)  It is the intent of the Legislature that the

12  commission be redistricted every 5 years. Redistricting shall

13  be based on the total boxes produced from each of the three

14  districts during that 5-year period.

15         Section 2.  Present subsections (10) and (11) of

16  section 601.155, Florida Statutes, are redesignated as

17  subsections (11) and (12), respectively, and a new subsection

18  (10) is added to that section, to read:

19         601.155  Equalizing excise tax; credit; exemption.--

20         (10)  Notwithstanding any other provision of law, the

21  Department of Citrus shall develop a process by which any

22  person liable for the excise tax imposed under this section

23  may annually object to payment of the tax. Any such objection

24  must be allowed without discretion as to the validity thereof

25  and that person shall be granted the immediate right to elect

26  not to pay two-thirds of the applicable tax rate. The

27  Department of Citrus may not expend any of the remaining

28  one-third of the applicable tax rate on any advertising,

29  marketing, or public-relations activities to which any person

30  liable for the excise tax imposed under this section objects;

31  however, such funds may be used for research, administrative,

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    Florida Senate - 2004        (Corrected Copy)     CS for SB 96
    303-2143-04




 1  and regulatory activities. Effective July 1, 2004, upon any

 2  necessary legislative appropriation of moneys due under the

 3  settlement agreement of Consolidated Case No. 2002-CA-4686 in

 4  the Circuit Court of the Tenth Judicial Circuit in Polk

 5  County, the plaintiffs shall agree to the dismissal of their

 6  claim under the foreign commerce clause with prejudice.

 7         Section 3.  The Florida Citrus Commission shall include

 8  as an agenda item at each regularly scheduled meeting a report

 9  by the internal auditor of the Department of Citrus.

10         Section 4.  This act shall take effect July 1, 2004.

11  

12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                          Senate Bill 96

14                                 

15  Committee Substitute for Senate Bill 96 is different from
    Senate Bill 96 in that it:
16  
    1.   Directs the Florida Citrus Commission to establish an
17       executive committee from among its members.  Requires
         that matters to be considered by the Commission or
18       executive director of the Department of Citrus be
         submitted in advance to the executive committee for
19       approval, rejection or modification. Directs the
         executive committee to meet no later than 10 days before
20       each meeting of the Florida Citrus Commission in order to
         consider, at a minimum, any item on the agenda for the
21       upcoming Commission meeting.  Requires all meetings of
         the executive committee to be open to the public and
22       governed by chapter 286, F.S.

23  2.   Requires the Florida Citrus Commission to include as an
         agenda item at each regularly scheduled meeting a report
24       by the internal auditor of the Department of Citrus.

25  3.   Prohibits the Department of Citrus to spend certain
         excise tax moneys on advertising, marketing, or
26       public-relations activities. Allows such funds to be used
         for research, administrative and regulatory activities.
27  

28  

29  

30  

31  

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