Florida Senate - 2022 COMMITTEE AMENDMENT
Bill No. SB 1002
Ì628822-Î628822
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/02/2022 .
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The Committee on Community Affairs (Burgess) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. This act may be cited as the “Citrus Recovery
6 Act.”
7 Section 2. Section 601.04, Florida Statutes, is amended to
8 read:
9 601.04 Florida Citrus Commission; creation and membership.—
10 (1)(a) There is created within the department the Florida
11 Citrus Commission, which shall be composed of 11 nine members
12 appointed by the Governor. Each member must be a resident
13 citizen of this the state who is and has been actively engaged
14 in the growing, growing and shipping, or growing and processing
15 of citrus fruit in the state for at least 5 years immediately
16 before appointment to the commission and has, during that 5-year
17 period:
18 1. Derived a major portion of her or his income from such
19 growing, growing and shipping, or growing and processing of
20 citrus fruit; or
21 2. Been the owner of, member of, officer of, or paid
22 employee of a corporation, firm, or partnership that has, during
23 that 5-year period, derived the major portion of its income from
24 such growing, growing and shipping, or growing and processing of
25 citrus fruit.
26 (b)1. Seven Six members of the commission shall be
27 classified as grower members and shall be primarily engaged in
28 the growing of citrus fruit as an individual owner; as the owner
29 of, or as stockholder of, a corporation; or as a member of a
30 firm or partnership primarily engaged in citrus growing. Such
31 members may not receive any compensation from any licensed
32 citrus fruit dealer or handler, as defined in s. 601.03, other
33 than gift fruit shippers, but any of the grower members may
34 shall not be disqualified as a member if, individually, or as
35 the owner of, a member of, an officer of, or a stockholder of a
36 corporation, firm, or partnership primarily engaged in citrus
37 growing which processes, packs, and markets its own fruit and
38 whose business is primarily not purchasing and handling fruit
39 grown by others.
40 2. Three members of the commission shall be classified as
41 processor grower-handler members and shall be engaged as owners,
42 or as paid officers or employees, of a corporation, firm,
43 partnership, or other business unit engaged in canning,
44 concentrating, or otherwise processing citrus fruit for market
45 other than for shipment in fresh fruit form handling citrus
46 fruit. One such member shall be primarily engaged in the fresh
47 fruit business, and two such members shall be primarily engaged
48 in the processing of citrus fruits.
49 3. One member shall be classified as a packer member and
50 shall be engaged as an owner, or as a paid officer or employee,
51 of a corporation, firm, partnership, or other business unit that
52 operates as a packinghouse as defined in s. 601.03. The member
53 shall reside in the Indian River production area of this state
54 as defined in s. 601.091(2).
55 4. For purposes of this section, a member’s residence is
56 his or her actual physical and permanent residence.
57 (2)(a) One grower member Three commission members shall be
58 appointed from each of the three citrus districts designated in
59 s. 601.09. Members appointed from the same citrus district shall
60 serve staggered terms, such that the term of one of the
61 district’s three members expires each year. Each member must
62 reside or grow citrus in the district from which she or he was
63 appointed. For the purposes of this section, a member’s
64 residence is her or his actual physical and permanent residence.
65 (b) One grower member shall be a grower with a citrus
66 producing area of more than 5,001 acres. The grower must reside
67 and grow citrus in this state.
68 (c) Members shall be appointed to terms of 3 years each,
69 except that, to establish staggered terms of members from each
70 citrus district, the terms of members appointed before July 1,
71 2022 2012, shall be shortened as follows:
72 1. The terms term of two grower members and one packer
73 member one member from each citrus district shall expire June
74 30, 2022 2012, and their successors her or his successor shall
75 be appointed to terms a term beginning July 1, 2022 2012, and
76 expiring May 31, 2025 2015.
77 2. The terms term of two grower members and one processor
78 member one member from each citrus district shall expire June
79 30, 2023 2013, and their successors her or his successor shall
80 be appointed to terms a term beginning July 1, 2023 2013, and
81 expiring May 31, 2026 2016.
82 3. The terms term of two grower members and one processor
83 member one member from each citrus district shall expire June
84 30, 2024 2014, and their successors her or his successor shall
85 be appointed to terms a term beginning July 1, 2024 2014, and
86 ending May 31, 2027 2017.
87 4. One grower member and one processor member shall be
88 appointed on or after July 1, 2022, with terms ending May 31,
89 2025.
90 5. Subsequent appointments shall be made in accordance with
91 this section.
92
93 Appointments shall be made by February 1 preceding the
94 commencement of the term and are subject to confirmation by the
95 Senate in the following legislative session. Each member is
96 eligible for reappointment and shall serve until her or his
97 successor is appointed and qualified. The regular terms begin on
98 June 1 and expire on May 31 of the third year after such
99 appointment.
100 (d)(c) When appointments are made, the Governor shall
101 publicly announce the actual classification and district that
102 each appointee represents. A majority of the members of the
103 commission currently appointed constitutes shall constitute a
104 quorum for the transaction of all business and the carrying out
105 of the duties of the commission. Before entering upon the
106 discharge of their duties as members of the commission, each
107 member shall take and subscribe to the oath of office prescribed
108 in s. 5, Art. II of the State Constitution. The qualifications
109 and classification required of each member by this section
110 continue to be required throughout the respective term of
111 office, and if a member, after appointment, fails to meet the
112 qualifications or classification that she or he possessed at the
113 time of appointment, the member must resign or be removed and be
114 replaced with a member possessing the proper qualifications and
115 classification.
116 (e)(d) When making an appointment to the commission, the
117 Governor shall announce the district, classification, and term
118 of the person appointed.
119 (3)(a) The commission shall elect a chair and secretary and
120 may elect a vice chair and such other officers as the commission
121 deems advisable.
122 (b) The chair, subject to commission concurrence, may
123 appoint such advisory committees or councils composed of
124 industry representatives as the chair deems appropriate, setting
125 forth the committee or council concerns that are consistent with
126 the statutory powers and duties of the commission and the
127 department.
128 Section 3. Section 601.09, Florida Statutes, is amended to
129 read:
130 601.09 Citrus districts.—
131 (1) For purposes of this chapter, the state is divided into
132 six three districts composed of:
133 (a) Citrus District One: Collier, Hendry, and Lee Levy,
134 Alachua, Brevard, Putnam, St. Johns, St. Lucie, Flagler, Indian
135 River, Marion, Seminole, Orange, Okeechobee, Polk, Volusia, and
136 Osceola Counties.
137 (b) Citrus District Two: Charlotte and Hardee, DeSoto,
138 Highlands, and Glades Counties.
139 (c) Citrus District Three: Glades, Highlands, and
140 Okeechobee Charlotte, Citrus, Collier, Hernando, Hendry,
141 Hillsborough, Lake, Lee, Manatee, Monroe, Martin, Pasco, Palm
142 Beach, Pinellas, Sarasota, Sumter, Broward, and Miami-Dade
143 Counties.
144 (d) Citrus District Four: Hardee, Hillsborough, Manatee,
145 Pinellas, and Sarasota Counties.
146 (e) Citrus District Five: Citrus, Hernando, Levy, Osceola,
147 Pasco, Polk, and Sumter Counties.
148 (f) Citrus District Six: Alachua, Brevard, Broward,
149 Flagler, Indian River, Lake, Marion, Martin, Miami-Dade, Monroe,
150 Orange, Palm Beach, Putnam, St. Johns, Seminole, St. Lucie, and
151 Volusia Counties.
152 (2) The Legislature intends that the citrus districts be
153 reviewed and, if necessary to maintain substantially equal
154 volumes of citrus production within each district, redistricted
155 every 5 years. The commission may, once every 5 years, review
156 the citrus districts based on the total boxes produced within
157 each district during the preceding 5 years and, based on the
158 commission’s findings, submit recommendations to the Legislature
159 for redistricting in accordance with this subsection.
160 Section 4. Present subsection (3) of section 601.13,
161 Florida Statutes, is redesignated as subsection (5), and a new
162 subsection (3) and subsection (4) are added to that section, to
163 read:
164 601.13 Citrus research; administration by Department of
165 Citrus; appropriation.—
166 (3) An entity that solicits research proposals and awards
167 funding for those proposals expending funds received from the
168 State Treasury on citrus production research conducted pursuant
169 to chapter 573, as recommended by the Citrus Research and
170 Development Foundation, Inc., or conducted through contract with
171 the department shall deliver a report that includes all of the
172 following information to the commission biannually and at the
173 request of the commission:
174 (a) Project plans selected for funding.
175 (b) The financial status of the projects.
176 (c) Current findings of the funded research.
177 (d) Availability of citrus products or application of
178 growers’ practices found through funded research.
179 (e) The status of the commercialization process of such
180 products or practices.
181 (4) Before being released for sale to the general public,
182 any new variety of citrus fruit which is developed as a result
183 of any research or study accomplished using any percentage of
184 funds from the State Treasury as well as any technology that
185 enhances the marketability of new or current citrus varieties
186 must be made available as a first option for licensing and
187 commercialization for a period of 90 days, under commercially
188 reasonable terms, exclusively to the Florida Department of
189 Citrus or its designee. If the Florida Department of Citrus or
190 its designee exercises such exclusive license, the Florida
191 Citrus Commission may retain the exclusivity for up to 8 years
192 after the date of execution.
193 Section 5. Section 601.992, Florida Statutes, is amended to
194 read:
195 601.992 Collection of dues and other payments on behalf of
196 certain nonprofit corporations engaged in market news and grower
197 education.—The Department of Citrus or the Department of
198 Agriculture or their successors may collect or compel the
199 entities regulated by the Department of Citrus to collect dues,
200 contributions, or any other financial payment upon request by,
201 and on behalf of, any not-for-profit corporation and its related
202 not-for-profit corporations located in this state that receive
203 payments or dues from their members. Such not-for-profit
204 corporation must be engaged, to the exclusion of agricultural
205 commodities other than citrus, in market news and grower
206 education solely for citrus growers, and must have at least
207 2,500 5,000 members who are engaged in growing citrus in this
208 state for commercial sale. The Department of Citrus may adopt
209 rules to administer this section. The rules may establish
210 indemnity requirements for the requesting corporation and for
211 fees to be charged to the corporation that are sufficient but do
212 not exceed the amount necessary to ensure that any direct costs
213 incurred by the Department of Citrus in implementing this
214 section are borne by the requesting corporation and not by the
215 Department of Citrus.
216 Section 6. For the purpose of incorporating the amendment
217 made by this act to section 601.09, Florida Statutes, in a
218 reference thereto, subsection (1) of section 600.051, Florida
219 Statutes, is reenacted to read:
220 600.051 Marketing agreements; powers of department.—
221 (1) In order to effectuate the declared policy and purposes
222 of this act, the department shall have the power to enter into,
223 administer, and enforce marketing agreements with handlers and
224 distributors engaged in any one or more of the citrus districts
225 established in and by s. 601.09, in the handling and
226 distributing of citrus fruit in fresh fruit form or any variety
227 or varieties, grade, size, or quality thereof, regulating the
228 handling of such citrus fruit in the way and manner and to the
229 extent therein prescribed and agreed upon, which said marketing
230 agreements shall be binding only upon the signatories thereto
231 exclusively. The execution of any such marketing agreement shall
232 in no manner affect the issuance, administration, or enforcement
233 of any marketing order otherwise provided for by chapter 601,
234 and any marketing agreement executed hereunder shall be
235 ineffective to the extent that it is in conflict with any rule,
236 regulation, marketing order, or marketing agreement under any
237 federal law relating to the handling of citrus fruit grown in
238 Florida.
239 Section 7. For the purpose of incorporating the amendment
240 made by this act to section 601.13, Florida Statutes, in a
241 reference thereto, paragraph (b) of subsection (7) of section
242 601.15, Florida Statutes, is reenacted to read:
243 601.15 Advertising campaign; methods of conducting;
244 assessments; emergency reserve fund; citrus research.—
245 (7) All assessments levied and collected under this chapter
246 shall be paid into the State Treasury on or before the 15th day
247 of each month. Such moneys shall be accounted for in a special
248 fund to be designated as the Florida Citrus Advertising Trust
249 Fund, and all moneys in such fund are appropriated to the
250 department for the following purposes:
251 (b) Moneys in the Florida Citrus Advertising Trust Fund
252 shall be expended for the activities authorized by s. 601.13 and
253 for the cost of those general overhead, research and
254 development, maintenance, salaries, professional fees,
255 enforcement costs, and other such expenses that are not related
256 to advertising, merchandising, public relations, trade
257 luncheons, publicity, and other associated activities. The cost
258 of general overhead, maintenance, salaries, professional fees,
259 enforcement costs, and other such expenses that are related to
260 advertising, merchandising, public relations, trade luncheons,
261 publicity, and associated activities shall be paid from the
262 balance of the Florida Citrus Advertising Trust Fund.
263 Section 8. This act shall take effect July 1, 2022.
264
265 ================= T I T L E A M E N D M E N T ================
266 And the title is amended as follows:
267 Delete everything before the enacting clause
268 and insert:
269 A bill to be entitled
270 An act relating to Florida citrus; providing a short
271 title; amending s. 601.04, F.S.; revising the
272 membership of the Florida Citrus Commission; requiring
273 members to meet certain requirements; revising
274 commission appointments to achieve staggered terms for
275 the newly appointed members; revising the requirements
276 for a quorum; amending s. 601.09, F.S.; increasing the
277 number of citrus districts in this state and revising
278 the counties that comprise each district; amending s.
279 601.13, F.S.; requiring certain entities to provide
280 reports on citrus production research to the
281 commission at specified intervals and upon request of
282 the commission; specifying requirements for the
283 reports; requiring that new varieties of citrus fruit
284 produced from research or studies funded by state
285 funds be made exclusively available for licensing and
286 commercialization to the Department of Citrus or its
287 designee for a specified timeframe; amending s.
288 601.992, F.S.; revising eligibility requirements for
289 not-for-profit corporations that may be required to
290 collect certain payments from their members;
291 reenacting s. 600.051(1), F.S., relating to marketing
292 agreements and the powers of the department, to
293 incorporate the amendment made to s. 601.09, F.S., in
294 a reference thereto; reenacting s. 601.15(7)(b), F.S.,
295 relating to the use of moneys in the Florida Citrus
296 Advertising Trust Fund, to incorporate the amendment
297 made to s. 601.13, F.S., in references thereto;
298 providing an effective date.