1 | A bill to be entitled |
2 | An act relating to citrus fruit; amending s. 573.112, |
3 | F.S.; providing that the Citrus Research and Development |
4 | Foundation shall provide advice to the Department of |
5 | Agriculture and Consumer Services with respect to citrus |
6 | research marketing orders, conduct citrus research, and |
7 | perform other duties assigned by the department; amending |
8 | s. 573.118, F.S.; providing for the deposit of certain |
9 | agricultural assessments; revising the assessment rate on |
10 | citrus fruit; amending s. 581.031, F.S.; expanding the |
11 | type of research projects that may be conducted by the |
12 | department; providing an effective date. |
13 |
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14 | Be It Enacted by the Legislature of the State of Florida: |
15 |
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16 | Section 1. Subsection (7) is added to section 573.112, |
17 | Florida Statutes, to read: |
18 | 573.112 Advisory council.- |
19 | (7) Notwithstanding any provision of this section, the |
20 | Citrus Research and Development Foundation, Inc., a direct- |
21 | support organization of the University of Florida established |
22 | pursuant to s. 1004.28, shall serve as the advisory council for |
23 | a citrus research marketing order, provide the department with |
24 | advice on administering the order, and, in accordance with the |
25 | order, conduct citrus research and perform other duties assigned |
26 | by the department. Notwithstanding s. 1004.28(3), the |
27 | foundation's board of directors shall be composed of 13 members, |
28 | including 10 citrus growers, 2 representatives of the |
29 | university's Institute of Food and Agricultural Sciences, and 1 |
30 | member appointed by the Commissioner of Agriculture. |
31 | Section 2. Subsections (1) and (6) of section 573.118, |
32 | Florida Statutes, are amended to read: |
33 | 573.118 Assessment; funds; audit; loans.- |
34 | (1) To provide funds to defray the necessary expenses |
35 | incurred by the department in the formulation, issuance, |
36 | administration, and enforcement of any marketing order, every |
37 | person engaged in the production, distributing, or handling of |
38 | agricultural commodities within this state, and directly |
39 | affected by any marketing order, shall pay to the department, at |
40 | such times and in such installments as the department may |
41 | prescribe, such person's pro rata share of necessary expenses. |
42 | Each person's share of expenses shall be that proportion which |
43 | the total volume of agricultural commodities produced, |
44 | distributed, or handled by the person during the current |
45 | marketing season, or part thereof covered by such marketing |
46 | order, is of the total volume of the commodities produced, |
47 | distributed, or handled by all such persons during the same |
48 | current marketing season or part thereof. The department, after |
49 | receiving the recommendations of the advisory council, shall fix |
50 | the rate of assessment on the volume of agricultural commodities |
51 | sold or some other equitable basis. For convenience of |
52 | collection, upon request of the department, handlers of the |
53 | commodities shall pay any producer assessments. Handlers paying |
54 | assessments for and on behalf of any producers may shall, at |
55 | their discretion, collect the producer assessments from any |
56 | moneys owed by the handlers to the producers. The collected |
57 | assessments shall be deposited into the appropriate General |
58 | Inspection trust fund and shall be used for the sole purpose of |
59 | implementing the marketing order for which the assessment was |
60 | collected. The department is not subject to the procedures found |
61 | in s. 287.057 in the expenditure of these funds. However, the |
62 | director of the Division of Marketing and Development shall file |
63 | with the internal auditor of the department a certification of |
64 | conditions and circumstances justifying each contract or |
65 | agreement entered into without competitive bidding. |
66 | (6) An Any assessment levied upon citrus fruit under this |
67 | section may not exceed the rate established in the marketing |
68 | order and shall be at a rate not to exceed 1 cent per standard- |
69 | packed box of citrus fruit grown and placed into the primary |
70 | channel of trade in this state. All revenues from such |
71 | assessment collected by the department shall be deposited into |
72 | the Citrus Inspection Trust Fund. |
73 | Section 3. Subsection (32) of section 581.031, Florida |
74 | Statutes, is amended to read: |
75 | 581.031 Department; powers and duties.-The department has |
76 | the following powers and duties: |
77 | (32) To The Department of Agriculture and Consumer |
78 | Services shall conduct or cause to be conducted those research |
79 | projects on citrus diseases, including, but not limited to, |
80 | citrus canker and citrus greening, which are recommended by the |
81 | Florida Citrus Production Research Advisory Council, within the |
82 | limits of appropriations made specifically for such purpose. |
83 | Section 4. This act shall take effect July 1, 2010. |