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.
31
32 Be It Enacted by the Legislature of the State of Florida:
33
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.
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 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.