Bill Text: FL S1002 | 2022 | Regular Session | Comm Sub

Bill Title: Florida Citrus

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2022-03-02 - Laid on Table, refer to CS/HB 1097 [S1002 Detail]

Download: Florida-2022-S1002-Comm_Sub.html
       Florida Senate - 2022                             CS for SB 1002
       By the Committee on Community Affairs; and Senator Burgess
       578-02647-22                                          20221002c1
    1                        A bill to be entitled                      
    2         An act relating to Florida citrus; providing a short
    3         title; amending s. 601.04, F.S.; revising the
    4         membership of the Florida Citrus Commission; requiring
    5         members to meet certain requirements; revising
    6         commission appointments to achieve staggered terms for
    7         the newly appointed members; revising the requirements
    8         for a quorum; amending s. 601.09, F.S.; increasing the
    9         number of citrus districts in this state and revising
   10         the counties that comprise each district; amending s.
   11         601.13, F.S.; requiring certain entities to provide
   12         reports on citrus production research to the
   13         commission at specified intervals and upon request of
   14         the commission; specifying requirements for the
   15         reports; requiring that new varieties of citrus fruit
   16         produced from research or studies funded by state
   17         funds be made exclusively available for licensing and
   18         commercialization to the Department of Citrus or its
   19         designee for a specified timeframe; amending s.
   20         601.992, F.S.; revising eligibility requirements for
   21         not-for-profit corporations that may be required to
   22         collect certain payments from their members;
   23         reenacting s. 600.051(1), F.S., relating to marketing
   24         agreements and the powers of the department, to
   25         incorporate the amendment made to s. 601.09, F.S., in
   26         a reference thereto; reenacting s. 601.15(7)(b), F.S.,
   27         relating to the use of moneys in the Florida Citrus
   28         Advertising Trust Fund, to incorporate the amendment
   29         made to s. 601.13, F.S., in references thereto;
   30         providing an effective date.
   32  Be It Enacted by the Legislature of the State of Florida:
   34         Section 1. This act may be cited as the “Citrus Recovery
   35  Act.”
   36         Section 2. Section 601.04, Florida Statutes, is amended to
   37  read:
   38         601.04 Florida Citrus Commission; creation and membership.—
   39         (1)(a) There is created within the department the Florida
   40  Citrus Commission, which shall be composed of 11 nine members
   41  appointed by the Governor. Each member must be a resident
   42  citizen of this the state who is and has been actively engaged
   43  in the growing, growing and shipping, or growing and processing
   44  of citrus fruit in the state for at least 5 years immediately
   45  before appointment to the commission and has, during that 5-year
   46  period:
   47         1. Derived a major portion of her or his income from such
   48  growing, growing and shipping, or growing and processing of
   49  citrus fruit; or
   50         2. Been the owner of, member of, officer of, or paid
   51  employee of a corporation, firm, or partnership that has, during
   52  that 5-year period, derived the major portion of its income from
   53  such growing, growing and shipping, or growing and processing of
   54  citrus fruit.
   55         (b)1. Seven Six members of the commission shall be
   56  classified as grower members and shall be primarily engaged in
   57  the growing of citrus fruit as an individual owner; as the owner
   58  of, or as stockholder of, a corporation; or as a member of a
   59  firm or partnership primarily engaged in citrus growing. Such
   60  members may not receive any compensation from any licensed
   61  citrus fruit dealer or handler, as defined in s. 601.03, other
   62  than gift fruit shippers, but any of the grower members may
   63  shall not be disqualified as a member if, individually, or as
   64  the owner of, a member of, an officer of, or a stockholder of a
   65  corporation, firm, or partnership primarily engaged in citrus
   66  growing which processes, packs, and markets its own fruit and
   67  whose business is primarily not purchasing and handling fruit
   68  grown by others.
   69         2. Three members of the commission shall be classified as
   70  processor grower-handler members and shall be engaged as owners,
   71  or as paid officers or employees, of a corporation, firm,
   72  partnership, or other business unit engaged in canning,
   73  concentrating, or otherwise processing citrus fruit for market
   74  other than for shipment in fresh fruit form handling citrus
   75  fruit. One such member shall be primarily engaged in the fresh
   76  fruit business, and two such members shall be primarily engaged
   77  in the processing of citrus fruits.
   78         3.One member shall be classified as a packer member and
   79  shall be engaged as an owner, or as a paid officer or employee,
   80  of a corporation, firm, partnership, or other business unit that
   81  operates as a packinghouse as defined in s. 601.03. The member
   82  shall reside in the Indian River production area of this state
   83  as defined in s. 601.091(2).
   84         4.For purposes of this section, a member’s residence is
   85  his or her actual physical and permanent residence.
   86         (2)(a) One grower member Three commission members shall be
   87  appointed from each of the three citrus districts designated in
   88  s. 601.09. Members appointed from the same citrus district shall
   89  serve staggered terms, such that the term of one of the
   90  district’s three members expires each year. Each member must
   91  reside or grow citrus in the district from which she or he was
   92  appointed. For the purposes of this section, a member’s
   93  residence is her or his actual physical and permanent residence.
   94         (b) One grower member shall be a grower with a citrus
   95  producing area of more than 5,001 acres. The grower must reside
   96  and grow citrus in this state.
   97         (c) Members shall be appointed to terms of 3 years each,
   98  except that, to establish staggered terms of members from each
   99  citrus district, the terms of members appointed before July 1,
  100  2022 2012, shall be shortened as follows:
  101         1. The terms term of two grower members and one packer
  102  member one member from each citrus district shall expire June
  103  30, 2022 2012, and their successors her or his successor shall
  104  be appointed to terms a term beginning July 1, 2022 2012, and
  105  expiring May 31, 2025 2015.
  106         2. The terms term of two grower members and one processor
  107  member one member from each citrus district shall expire June
  108  30, 2023 2013, and their successors her or his successor shall
  109  be appointed to terms a term beginning July 1, 2023 2013, and
  110  expiring May 31, 2026 2016.
  111         3. The terms term of two grower members and one processor
  112  member one member from each citrus district shall expire June
  113  30, 2024 2014, and their successors her or his successor shall
  114  be appointed to terms a term beginning July 1, 2024 2014, and
  115  ending May 31, 2027 2017.
  116         4. One grower member and one processor member shall be
  117  appointed on or after July 1, 2022, with terms ending May 31,
  118  2025.
  119         5. Subsequent appointments shall be made in accordance with
  120  this section.
  122  Appointments shall be made by February 1 preceding the
  123  commencement of the term and are subject to confirmation by the
  124  Senate in the following legislative session. Each member is
  125  eligible for reappointment and shall serve until her or his
  126  successor is appointed and qualified. The regular terms begin on
  127  June 1 and expire on May 31 of the third year after such
  128  appointment.
  129         (d)(c) When appointments are made, the Governor shall
  130  publicly announce the actual classification and district that
  131  each appointee represents. A majority of the members of the
  132  commission currently appointed constitutes shall constitute a
  133  quorum for the transaction of all business and the carrying out
  134  of the duties of the commission. Before entering upon the
  135  discharge of their duties as members of the commission, each
  136  member shall take and subscribe to the oath of office prescribed
  137  in s. 5, Art. II of the State Constitution. The qualifications
  138  and classification required of each member by this section
  139  continue to be required throughout the respective term of
  140  office, and if a member, after appointment, fails to meet the
  141  qualifications or classification that she or he possessed at the
  142  time of appointment, the member must resign or be removed and be
  143  replaced with a member possessing the proper qualifications and
  144  classification.
  145         (e)(d) When making an appointment to the commission, the
  146  Governor shall announce the district, classification, and term
  147  of the person appointed.
  148         (3)(a) The commission shall elect a chair and secretary and
  149  may elect a vice chair and such other officers as the commission
  150  deems advisable.
  151         (b) The chair, subject to commission concurrence, may
  152  appoint such advisory committees or councils composed of
  153  industry representatives as the chair deems appropriate, setting
  154  forth the committee or council concerns that are consistent with
  155  the statutory powers and duties of the commission and the
  156  department.
  157         Section 3. Section 601.09, Florida Statutes, is amended to
  158  read:
  159         601.09 Citrus districts.—
  160         (1) For purposes of this chapter, the state is divided into
  161  six three districts composed of:
  162         (a) Citrus District One: Collier, Hendry, and Lee Levy,
  163  Alachua, Brevard, Putnam, St. Johns, St. Lucie, Flagler, Indian
  164  River, Marion, Seminole, Orange, Okeechobee, Polk, Volusia, and
  165  Osceola Counties.
  166         (b) Citrus District Two: Charlotte and Hardee, DeSoto,
  167  Highlands, and Glades Counties.
  168         (c) Citrus District Three: Glades, Highlands, and
  169  Okeechobee Charlotte, Citrus, Collier, Hernando, Hendry,
  170  Hillsborough, Lake, Lee, Manatee, Monroe, Martin, Pasco, Palm
  171  Beach, Pinellas, Sarasota, Sumter, Broward, and Miami-Dade
  172  Counties.
  173         (d)Citrus District Four: Hardee, Hillsborough, Manatee,
  174  Pinellas, and Sarasota Counties.
  175         (e)Citrus District Five: Citrus, Hernando, Levy, Osceola,
  176  Pasco, Polk, and Sumter Counties.
  177         (f)Citrus District Six: Alachua, Brevard, Broward,
  178  Flagler, Indian River, Lake, Marion, Martin, Miami-Dade, Monroe,
  179  Orange, Palm Beach, Putnam, St. Johns, Seminole, St. Lucie, and
  180  Volusia Counties.
  181         (2) The Legislature intends that the citrus districts be
  182  reviewed and, if necessary to maintain substantially equal
  183  volumes of citrus production within each district, redistricted
  184  every 5 years. The commission may, once every 5 years, review
  185  the citrus districts based on the total boxes produced within
  186  each district during the preceding 5 years and, based on the
  187  commission’s findings, submit recommendations to the Legislature
  188  for redistricting in accordance with this subsection.
  189         Section 4. Present subsection (3) of section 601.13,
  190  Florida Statutes, is redesignated as subsection (5), and a new
  191  subsection (3) and subsection (4) are added to that section, to
  192  read:
  193         601.13 Citrus research; administration by Department of
  194  Citrus; appropriation.—
  195         (3)An entity that solicits research proposals and awards
  196  funding for those proposals expending funds received from the
  197  State Treasury on citrus production research conducted pursuant
  198  to chapter 573, as recommended by the Citrus Research and
  199  Development Foundation, Inc., or conducted through contract with
  200  the department shall deliver a report that includes all of the
  201  following information to the commission biannually and at the
  202  request of the commission:
  203         (a)Project plans selected for funding.
  204         (b)The financial status of the projects.
  205         (c)Current findings of the funded research.
  206         (d)Availability of citrus products or application of
  207  growers’ practices found through funded research.
  208         (e)The status of the commercialization process of such
  209  products or practices.
  210         (4)Before being released for sale to the general public,
  211  any new variety of citrus fruit which is developed as a result
  212  of any research or study accomplished using any percentage of
  213  funds from the State Treasury as well as any technology that
  214  enhances the marketability of new or current citrus varieties
  215  must be made available as a first option for licensing and
  216  commercialization for a period of 90 days, under commercially
  217  reasonable terms, exclusively to the Florida Department of
  218  Citrus or its designee. If the Florida Department of Citrus or
  219  its designee exercises such exclusive license, the Florida
  220  Citrus Commission may retain the exclusivity for up to 8 years
  221  after the date of execution.
  222         Section 5. Section 601.992, Florida Statutes, is amended to
  223  read:
  224         601.992 Collection of dues and other payments on behalf of
  225  certain nonprofit corporations engaged in market news and grower
  226  education.—The Department of Citrus or the Department of
  227  Agriculture or their successors may collect or compel the
  228  entities regulated by the Department of Citrus to collect dues,
  229  contributions, or any other financial payment upon request by,
  230  and on behalf of, any not-for-profit corporation and its related
  231  not-for-profit corporations located in this state that receive
  232  payments or dues from their members. Such not-for-profit
  233  corporation must be engaged, to the exclusion of agricultural
  234  commodities other than citrus, in market news and grower
  235  education solely for citrus growers, and must have at least
  236  2,500 5,000 members who are engaged in growing citrus in this
  237  state for commercial sale. The Department of Citrus may adopt
  238  rules to administer this section. The rules may establish
  239  indemnity requirements for the requesting corporation and for
  240  fees to be charged to the corporation that are sufficient but do
  241  not exceed the amount necessary to ensure that any direct costs
  242  incurred by the Department of Citrus in implementing this
  243  section are borne by the requesting corporation and not by the
  244  Department of Citrus.
  245         Section 6. For the purpose of incorporating the amendment
  246  made by this act to section 601.09, Florida Statutes, in a
  247  reference thereto, subsection (1) of section 600.051, Florida
  248  Statutes, is reenacted to read:
  249         600.051 Marketing agreements; powers of department.—
  250         (1) In order to effectuate the declared policy and purposes
  251  of this act, the department shall have the power to enter into,
  252  administer, and enforce marketing agreements with handlers and
  253  distributors engaged in any one or more of the citrus districts
  254  established in and by s. 601.09, in the handling and
  255  distributing of citrus fruit in fresh fruit form or any variety
  256  or varieties, grade, size, or quality thereof, regulating the
  257  handling of such citrus fruit in the way and manner and to the
  258  extent therein prescribed and agreed upon, which said marketing
  259  agreements shall be binding only upon the signatories thereto
  260  exclusively. The execution of any such marketing agreement shall
  261  in no manner affect the issuance, administration, or enforcement
  262  of any marketing order otherwise provided for by chapter 601,
  263  and any marketing agreement executed hereunder shall be
  264  ineffective to the extent that it is in conflict with any rule,
  265  regulation, marketing order, or marketing agreement under any
  266  federal law relating to the handling of citrus fruit grown in
  267  Florida.
  268         Section 7. For the purpose of incorporating the amendment
  269  made by this act to section 601.13, Florida Statutes, in a
  270  reference thereto, paragraph (b) of subsection (7) of section
  271  601.15, Florida Statutes, is reenacted to read:
  272         601.15 Advertising campaign; methods of conducting;
  273  assessments; emergency reserve fund; citrus research.—
  274         (7) All assessments levied and collected under this chapter
  275  shall be paid into the State Treasury on or before the 15th day
  276  of each month. Such moneys shall be accounted for in a special
  277  fund to be designated as the Florida Citrus Advertising Trust
  278  Fund, and all moneys in such fund are appropriated to the
  279  department for the following purposes:
  280         (b) Moneys in the Florida Citrus Advertising Trust Fund
  281  shall be expended for the activities authorized by s. 601.13 and
  282  for the cost of those general overhead, research and
  283  development, maintenance, salaries, professional fees,
  284  enforcement costs, and other such expenses that are not related
  285  to advertising, merchandising, public relations, trade
  286  luncheons, publicity, and other associated activities. The cost
  287  of general overhead, maintenance, salaries, professional fees,
  288  enforcement costs, and other such expenses that are related to
  289  advertising, merchandising, public relations, trade luncheons,
  290  publicity, and associated activities shall be paid from the
  291  balance of the Florida Citrus Advertising Trust Fund.
  292         Section 8. This act shall take effect July 1, 2022.