Florida Senate - 2008 CS for SB 2222

By the Committees on Agriculture; Agriculture

575-06013-08 20082222c1

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A bill to be entitled

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An act relating to a review of the Department of Citrus

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under the Florida Government Accountability Act;

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reenacting ss. 20.29, 601.04, and 601.05, F.S., relating

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to the Department of Citrus and the Florida Citrus

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Commission; amending s. 601.15, F.S.; revising the

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deadline by which the Florida Citrus Commission sets the

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annual citrus excise tax rate; deleting a provision

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requiring the commission to consider certain projected

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collection of taxes in setting the rate; conforming

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provisions relating to the season upon which the tax rate

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applies; repealing s. 601.154, F.S., relating to the

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Citrus Stabilization Act of Florida; providing an

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effective date.

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     WHEREAS, ss. 11.901-11.920, Florida Statutes, the Florida

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Government Accountability Act, subjects the Department of  

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Citrus and its respective advisory committees to a sunset

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review process in order to determine whether the agency should

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be retained, modified, or abolished, and

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     WHEREAS, the Department of Citrus produced a report

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providing specific information, as enumerated in s. 11.906,

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Florida Statutes, and

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     WHEREAS, upon receipt of the report, the Joint Legislative

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Sunset Committee and committees of the Senate and the House of

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Representatives assigned to act as sunset review committees

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reviewed the report and requested studies by the Office of

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Program Policy Analysis and Government Accountability, and

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     WHEREAS, based on the department's report, studies of the

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Office of Program Policy Analysis and Government

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Accountability, and public input, the Joint Legislative Sunset

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Committee and legislative sunset review committees made

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recommendations on the abolition, continuation, or

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reorganization of the Department of Citrus and its advisory

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committees; on the need for the functions performed by the

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agency and its advisory committees; and on the consolidation,

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transfer, or reorganization of programs within the Department

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of Citrus, NOW, THEREFORE,

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

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     Section 1. Sections 20.29, 601.04, and 601.05, Florida

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Statutes, are reenacted.

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     Section 2.  Paragraph (e) of subsection (3) of section

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601.15, Florida Statutes, is amended to read:

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     601.15  Advertising campaign; methods of conducting; excise

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tax; emergency reserve fund; citrus research.--

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     (3)

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     (e)  The commission, upon an affirmative vote of a majority

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of its members and by an order entered by it prior to November

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August 1 of any year, may set the tax rates up to the maximum

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rates specified in this subsection if the commission determines

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that the specified tax rate will result in collection of funds,

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during the ensuing citrus season, which exceed projected needs,

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including all legal obligations. The tax rate shall apply only to

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the citrus season which began on August 1 of the same calendar

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year immediately follows entry of the order setting the rate.

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Such tax rate may be applied by variety and on the basis of

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whether the fruit enters the primary channel of trade for use in

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fresh or processed form. If the commission cannot agree on a box

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tax rate, the tax rate for the previous year shall remain in

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effect until the commission approves a new rate.

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     Section 3. Section 601.154, Florida Statutes, is repealed.

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     Section 4.  This act shall take effect upon becoming a law.

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