Bill Text: FL S1002 | 2022 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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       Florida Senate - 2022                                    SB 1002
       
       
        
       By Senator Burgess
       
       
       
       
       
       20-00784-22                                           20221002__
    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         purchase to certain Florida producers for a specified
   19         timeframe; requiring producers who receive such
   20         exclusivity to retain the exclusivity for a specified
   21         timeframe; providing pricing requirements for such
   22         arrangements; reenacting s. 600.051(1), F.S., relating
   23         to marketing agreements and the powers of the
   24         Department of Citrus, to incorporate the amendment
   25         made to s. 601.09, F.S., in a reference thereto;
   26         reenacting ss. 601.10(8)(c) and 601.15(7)(b), F.S.,
   27         relating to powers of the department and the use of
   28         moneys in the Florida Citrus Advertising Trust Fund,
   29         respectively, to incorporate the amendment made to s.
   30         601.13, F.S., in references thereto; providing an
   31         effective date.
   32          
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. This act may be cited as the “Citrus Recovery
   36  Act.”
   37         Section 2. Section 601.04, Florida Statutes, is amended to
   38  read:
   39         601.04 Florida Citrus Commission; creation and membership.—
   40         (1)(a) There is created within the department the Florida
   41  Citrus Commission, which shall be composed of 11 nine members
   42  appointed by the Governor. Each member must be a resident
   43  citizen of this the state who is and has been actively engaged
   44  in the growing, growing and shipping, or growing and processing
   45  of citrus fruit in the state for at least 5 years immediately
   46  before appointment to the commission and has, during that 5-year
   47  period:
   48         1. Derived a major portion of her or his income from such
   49  growing, growing and shipping, or growing and processing of
   50  citrus fruit; or
   51         2. Been the owner of, member of, officer of, or paid
   52  employee of a corporation, firm, or partnership that has, during
   53  that 5-year period, derived the major portion of its income from
   54  such growing, growing and shipping, or growing and processing of
   55  citrus fruit.
   56         (b)1. Seven Six members of the commission shall be
   57  classified as grower members and shall be primarily engaged in
   58  the growing of citrus fruit as an individual owner; as the owner
   59  of, or as stockholder of, a corporation; or as a member of a
   60  firm or partnership primarily engaged in citrus growing. Such
   61  members may not receive any compensation from any licensed
   62  citrus fruit dealer or handler, as defined in s. 601.03, other
   63  than gift fruit shippers, but any of the grower members may
   64  shall not be disqualified as a member if, individually, or as
   65  the owner of, a member of, an officer of, or a stockholder of a
   66  corporation, firm, or partnership primarily engaged in citrus
   67  growing which processes, packs, and markets its own fruit and
   68  whose business is primarily not purchasing and handling fruit
   69  grown by others.
   70         2. Three members of the commission shall be classified as
   71  processor grower-handler members and shall be engaged as owners,
   72  or as paid officers or employees, of a corporation, firm,
   73  partnership, or other business unit engaged in canning,
   74  concentrating, or otherwise processing citrus fruit for market
   75  other than for shipment in fresh fruit form handling citrus
   76  fruit. One such member shall be primarily engaged in the fresh
   77  fruit business, and two such members shall be primarily engaged
   78  in the processing of citrus fruits.
   79         3. One member shall be classified as a packer member and
   80  shall be engaged as an owner, or as a paid officer or employee,
   81  of a corporation, firm, partnership, or other business unit that
   82  operates as a packinghouse as defined in s. 601.03. The member
   83  shall reside in the Indian River production area of this state
   84  as defined in s. 601.091.
   85         4. For purposes of this section, a member’s residence is
   86  his or her actual physical and permanent residence.
   87         (2)(a) One grower member Three commission members shall be
   88  appointed from each of the three citrus districts designated in
   89  s. 601.09. Each such member must be a grower with a citrus
   90  producing area between 250 and 5,000 acres Members appointed
   91  from the same citrus district shall serve staggered terms, such
   92  that the term of one of the district’s three members expires
   93  each year. Each member must reside or grow citrus in the
   94  district from which she or he was appointed. For the purposes of
   95  this section, a member’s residence is her or his actual physical
   96  and permanent residence.
   97         (b) One grower member shall be a grower with a citrus
   98  producing area of more than 5,001 acres. The grower must reside
   99  and grow citrus in this state.
  100         (c) Members shall be appointed to terms of 3 years each,
  101  except that, to establish staggered terms of members from each
  102  citrus district, the terms of members appointed before July 1,
  103  2022 2012, shall be shortened as follows:
  104         1. The terms term of two grower members and one processor
  105  member one member from each citrus district shall expire June
  106  30, 2022 2012, and their successors her or his successor shall
  107  be appointed to terms a term beginning July 1, 2022 2012, and
  108  expiring May 31, 2025 2015.
  109         2. The terms term of two grower members and two processor
  110  members one member from each citrus district shall expire June
  111  30, 2023 2013, and their successors her or his successor shall
  112  be appointed to terms a term beginning July 1, 2023 2013, and
  113  expiring May 31, 2026 2016.
  114         3. The terms term of three grower members and one packer
  115  member one member from each citrus district shall expire June
  116  30, 2024 2014, and their successors her or his successor shall
  117  be appointed to terms a term beginning July 1, 2024 2014, and
  118  ending May 31, 2027 2017.
  119         4. Subsequent appointments shall be made in accordance with
  120  this section.
  121  
  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 expends funds received from the State
  196  Treasury on citrus production research conducted pursuant to
  197  chapter 573, as recommended by the Citrus Research and
  198  Development Foundation, Inc., or conducted through contract with
  199  the department shall deliver a report that includes all of the
  200  following information to the commission biannually and at the
  201  request of the commission:
  202         (a) Project plans selected for funding.
  203         (b) The financial status of the projects.
  204         (c) Current findings of the funded research.
  205         (d) Availability of citrus products or application of
  206  growers’ practices found through funded research.
  207         (e) The status of the commercialization process of such
  208  products or practices.
  209         (4) Before being released for sale to the general public,
  210  any new variety of citrus fruit which is developed as a result
  211  of any research or study accomplished using funds from the State
  212  Treasury must be made available:
  213         (a) For licensing and purchase for a period of 90 days
  214  exclusively to any Florida not-for-profit corporation that is a
  215  producer engaged, excluding engagement in agricultural
  216  commodities other than citrus, in citrus rootstock or scion
  217  breeding, research, or licensing, by agreement with a state land
  218  grant university, the department, the Department of Agriculture
  219  and Consumer Services, or the United States Department of
  220  Agriculture. If a producer exercises such exclusive
  221  availability, the producer must retain the exclusivity for 8
  222  years after the date of execution.
  223         (b) At the 5-year rolling average cost of citrus bud or
  224  grafting material available to Florida producers, including a
  225  development incentive that does not exceed 10 percent of the 5
  226  year average.
  227         Section 5. For the purpose of incorporating the amendment
  228  made by this act to section 601.09, Florida Statutes, in a
  229  reference thereto, subsection (1) of section 600.051, Florida
  230  Statutes, is reenacted to read:
  231         600.051 Marketing agreements; powers of department.—
  232         (1) In order to effectuate the declared policy and purposes
  233  of this act, the department shall have the power to enter into,
  234  administer, and enforce marketing agreements with handlers and
  235  distributors engaged in any one or more of the citrus districts
  236  established in and by s. 601.09, in the handling and
  237  distributing of citrus fruit in fresh fruit form or any variety
  238  or varieties, grade, size, or quality thereof, regulating the
  239  handling of such citrus fruit in the way and manner and to the
  240  extent therein prescribed and agreed upon, which said marketing
  241  agreements shall be binding only upon the signatories thereto
  242  exclusively. The execution of any such marketing agreement shall
  243  in no manner affect the issuance, administration, or enforcement
  244  of any marketing order otherwise provided for by chapter 601,
  245  and any marketing agreement executed hereunder shall be
  246  ineffective to the extent that it is in conflict with any rule,
  247  regulation, marketing order, or marketing agreement under any
  248  federal law relating to the handling of citrus fruit grown in
  249  Florida.
  250         Section 6. For the purpose of incorporating the amendment
  251  made by this act to section 601.13, Florida Statutes, in a
  252  reference thereto, paragraph (c) of subsection (8) of section
  253  601.10, Florida Statutes, is reenacted to read:
  254         601.10 Powers of the Department of Citrus.—The department
  255  shall have and shall exercise such general and specific powers
  256  as are delegated to it by this chapter and other statutes of the
  257  state, which powers shall include, but are not limited to, the
  258  following:
  259         (8)
  260         (c) Any nonpublished reports or data related to studies or
  261  research conducted, caused to be conducted, or funded by the
  262  department under s. 601.13 is confidential and exempt from s.
  263  119.07(1) and s. 24(a), Art. I of the State Constitution.
  264         Section 7. For the purpose of incorporating the amendment
  265  made by this act to section 601.13, Florida Statutes, in a
  266  reference thereto, paragraph (b) of subsection (7) of section
  267  601.15, Florida Statutes, is reenacted to read:
  268         601.15 Advertising campaign; methods of conducting;
  269  assessments; emergency reserve fund; citrus research.—
  270         (7) All assessments levied and collected under this chapter
  271  shall be paid into the State Treasury on or before the 15th day
  272  of each month. Such moneys shall be accounted for in a special
  273  fund to be designated as the Florida Citrus Advertising Trust
  274  Fund, and all moneys in such fund are appropriated to the
  275  department for the following purposes:
  276         (b) Moneys in the Florida Citrus Advertising Trust Fund
  277  shall be expended for the activities authorized by s. 601.13 and
  278  for the cost of those general overhead, research and
  279  development, maintenance, salaries, professional fees,
  280  enforcement costs, and other such expenses that are not related
  281  to advertising, merchandising, public relations, trade
  282  luncheons, publicity, and other associated activities. The cost
  283  of general overhead, maintenance, salaries, professional fees,
  284  enforcement costs, and other such expenses that are related to
  285  advertising, merchandising, public relations, trade luncheons,
  286  publicity, and associated activities shall be paid from the
  287  balance of the Florida Citrus Advertising Trust Fund.
  288         Section 8. This act shall take effect July 1, 2022.