Senate Bill sb0096c2

    Florida Senate - 2004                      CS for CS for SB 96

    By the Committees on Appropriations; Agriculture; and Senator
    Alexander




    309-2675-04

  1                      A bill to be entitled

  2         An act relating to the Department of Citrus;

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

  4         department to develop a process for persons

  5         liable for the equalizing excise tax to elect

  6         to not pay a portion of the tax; prohibiting

  7         the department from expending any remaining

  8         amount of excise tax moneys for advertising,

  9         marketing, or public-relations activities;

10         providing for the dismissal of certain claims;

11         requiring the Florida Citrus Commission to

12         include a report by the internal auditor of the

13         Department of Citrus as an agenda item at each

14         regularly scheduled meeting; providing an

15         effective date.

16  

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

18  

19         Section 1.  Present subsections (10) and (11) of

20  section 601.155, Florida Statutes, are redesignated as

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

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

23         601.155  Equalizing excise tax; credit; exemption.--

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

25  Department of Citrus shall develop a process by which any

26  person liable for the excise tax imposed under this section

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

28  must be allowed without discretion as to the validity thereof

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

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

31  Department of Citrus may not expend any of the remaining

                                  1

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






    Florida Senate - 2004                      CS for CS for SB 96
    309-2675-04




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

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

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

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

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

 6  necessary legislative appropriation of moneys due under the

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

 8  the Circuit Court of the Tenth Judicial Circuit in Polk

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

10  claim under the foreign commerce clause with prejudice.

11         Section 2.  The Florida Citrus Commission shall include

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

13  by the internal auditor of the Department of Citrus.

14         Section 3.  This act shall take effect July 1, 2004.

15  

16          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
17                           CS for SB 96

18                                 

19  The committee substitute removes language that would have
    required the Florida Citrus Commission to establish an
20  executive committee to review, approve, or modify any matter
    to be considered by the Executive Director of the Department
21  of Citrus or the Florida Citrus Commission.

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  2

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