Bill Text: FL S1648 | 2012 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Department of Citrus
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2012-03-09 - Laid on Table, refer to CS/CS/HB 1237 -SJ 1246 [S1648 Detail]
Download: Florida-2012-S1648-Introduced.html
Bill Title: Department of Citrus
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2012-03-09 - Laid on Table, refer to CS/CS/HB 1237 -SJ 1246 [S1648 Detail]
Download: Florida-2012-S1648-Introduced.html
Florida Senate - 2012 SB 1648 By Senator Hays 20-01160-12 20121648__ 1 A bill to be entitled 2 An act relating to the Department of Citrus; amending 3 s. 20.29, F.S.; providing for the appointment, 4 compensation, and powers and duties of the 5 department’s executive director; deleting and 6 conforming obsolete provisions relating to the Florida 7 Citrus Commission; amending ss. 570.55 and 600.041, 8 F.S.; conforming cross-references; amending s. 601.01, 9 F.S.; revising a short title; amending s. 601.03, 10 F.S.; defining the term “department” and conforming 11 definitions for purposes of the Florida Citrus Code; 12 amending s. 601.04, F.S.; revising the qualifications 13 and terms of members of the Florida Citrus Commission; 14 providing for staggered terms of members appointed 15 from each citrus district; providing for shortened 16 terms of current members; specifying that members are 17 eligible for reappointment; deleting obsolete 18 provisions; requiring the commission to elect a chair 19 and secretary; deleting legislative intent relating to 20 redistricting of the commission; amending ss. 601.045, 21 601.05, 601.06, 601.07, and 601.08, F.S.; conforming 22 provisions; amending s. 601.09, F.S.; providing 23 legislative intent; authorizing the commission to 24 submit recommendations to the Legislature for 25 redistricting of the state’s citrus districts; 26 amending s. 601.10, F.S.; revising the department’s 27 powers; deleting provisions relating to the 28 appointment, discharge, compensation, and powers and 29 duties of the department’s executive director; 30 establishing staffing requirements for the department; 31 deleting requirements relating to the days, hours, and 32 other conditions of employment for department 33 employees; conforming provisions; amending s. 601.101, 34 F.S.; conforming provisions; amending s. 601.11, F.S.; 35 revising the powers and duties of the department to 36 adopt maturity and quality standards for citrus fruit 37 and food products thereof; authorizing the department 38 to issue permits for the export of citrus fruit grown 39 in the state to certain foreign countries; authorizing 40 the department to issue permits for processors of 41 concentrated orange juice into which nutritive 42 sweetening ingredients are added and to suspend or 43 revoke the permits of processors that violate certain 44 rules; authorizing the department to issue emergency 45 quality assurance orders upon determining that 46 freezing temperatures have caused damage or freeze 47 related injury to citrus fruit; authorizing the 48 department to limit increases in spacing between 49 stacked field boxes caused by the placement of cleats 50 or other devices on the field boxes; requiring the 51 department to adopt rules; amending s. 601.111, F.S.; 52 revising the department’s authority to modify maturity 53 standards for citrus fruit and the number of 54 commission members required to approve such 55 modifications; revising legislative intent; 56 authorizing the department to adopt emergency rules 57 under certain conditions; amending s. 601.13, F.S.; 58 revising the department’s powers and duties for citrus 59 research; providing for research related to disease 60 and crop efficiency; conforming provisions; amending 61 s. 601.15, F.S.; redesignating the advertising excise 62 tax on citrus fruit as an assessment; revising the 63 maximum rates of such assessments; revising the 64 guarantee requirements for assessment payments; 65 conforming provisions; amending s. 601.152, F.S.; 66 revising the number of commission members required to 67 issue marketing orders for special marketing campaigns 68 and impose assessments upon citrus handlers to defray 69 the expenses of such campaigns; conforming provisions; 70 amending s. 601.155, F.S.; redesignating the 71 equalizing excise tax on processed orange and 72 grapefruit products as an assessment; revising the 73 guarantee requirements for assessment payments; 74 conforming provisions; amending ss. 601.24, 601.25, 75 601.28, 601.31, 601.32, 601.33, 601.34, 601.35, 76 601.37, 601.38, 601.40, 601.43, 601.44, 601.45, 77 601.46, 601.49, 601.50, 601.501, 601.51, 601.52, 78 601.54, 601.55, 601.56, 601.57, 601.58, 601.60, and 79 601.601, F.S.; conforming provisions and cross 80 references; amending s. 601.61, F.S.; specifying that 81 the amount of bonds or certificates of deposit that 82 must be furnished by citrus fruit dealer licensees 83 shall be determined by the department pursuant to 84 department rules; deleting obsolete provisions 85 relating to the applicability and effect of certain 86 provisions if such provisions had been determined 87 invalid; amending ss. 601.64, 601.66, 601.67, 601.69, 88 601.70, 601.701, 601.731, 601.74, 601.75, 601.76, 89 601.77, 601.78, and 601.80, F.S.; conforming 90 provisions; amending ss. 601.85 and 601.86, F.S.; 91 specifying dimensions for standard shipping boxes and 92 standard field boxes for fresh citrus fruit; revising 93 circumstances under which such standard boxes must be 94 used; amending ss. 601.91, 601.9901, 601.9902, 95 601.9903, and 601.99035, F.S.; conforming provisions; 96 amending s. 601.99036, F.S.; revising requirements for 97 the commission’s approval of changes in the salaries 98 of certain employees; amending ss. 601.9904, 601.9908, 99 601.9910, 601.9911, 601.9918, and 601.992, F.S.; 100 conforming provisions; amending s. 603.161, F.S.; 101 conforming a cross-reference; repealing ss. 601.16, 102 601.17, 601.18, 601.19, 601.20, 601.21, and 601.22, 103 F.S., relating to maturity and quality standards for 104 grapefruit, oranges, and tangerines; repealing s. 105 601.87, F.S., relating to limits on increased spacing 106 between stacked field boxes caused by the placement of 107 cleats or other devices on the field boxes; repealing 108 ss. 601.90 and 601.901, F.S., relating to the issuance 109 of emergency quality assurance orders following 110 freezing temperatures that cause damage or freeze 111 related injury to citrus fruit and the use of such 112 freeze-damaged citrus fruit in frozen concentrated 113 products; repealing s. 601.981, F.S., relating to 114 permits for the export to certain foreign countries of 115 citrus fruit grown in the state and quality standards 116 for such exported fruit; repealing s. 601.9905, F.S., 117 relating to quality standards and labeling 118 requirements for canned orange juice; repealing s. 119 601.9906, F.S., relating to quality standards for 120 certain grapefruit juice products; repealing ss. 121 601.9907, 601.9909, and 601.9913, F.S., relating to 122 quality standards and labeling requirements for canned 123 blends of orange juice and grapefruit juice, frozen 124 concentrated orange juice, and high-density frozen 125 concentrated orange juice sold in retail, 126 institutional, or bulk size containers; repealing s. 127 601.9914, F.S., relating to authority of the 128 commission to adopt rules modifying citrus juice 129 quality standards for specified purposes; repealing s. 130 601.9916, F.S., relating to the issuance of permits 131 for the processing, shipping, and sale of frozen 132 concentrated orange juice or concentrated orange juice 133 for manufacturing into which certain nutritive 134 sweetening ingredients are added, the inspection of 135 such processors, and quality standards and labeling 136 requirements for such concentrated orange juice; 137 providing effective dates. 138 139 Be It Enacted by the Legislature of the State of Florida: 140 141 Section 1. Section 20.29, Florida Statutes, is amended to 142 read: 143 (Substantial rewording of section. See 144 s. 20.29, F.S., for present text.) 145 20.29 Department of Citrus; Florida Citrus Commission; 146 executive director.— 147 (1) The head of the Department of Citrus is the Florida 148 Citrus Commission created under s. 601.04. 149 (2) The executive director of the Department of Citrus 150 shall be appointed by a majority vote of, and serves at the 151 pleasure of, the Florida Citrus Commission. The Florida Citrus 152 Commission shall fix the executive director’s compensation and, 153 in addition to any powers and duties assigned to the executive 154 director by law, shall assign the executive director’s powers 155 and duties. 156 Section 2. Paragraph (h) of subsection (3) of section 157 570.55, Florida Statutes, is amended to read: 158 570.55 Identification of sellers or handlers of tropical or 159 subtropical fruit and vegetables; containers specified; 160 penalties.— 161 (3) DEFINITIONS.—As used in this section: 162 (h) “Tropical or subtropical fruit” means avocados, 163 bananas, calamondins, carambolas, guavas, kumquats, limes, 164 longans, loquats, lychees, mameys, mangoes, papayas, passion 165 fruit, sapodillas, and fruit that must be grown in tropical or 166 semitropical regions, except citrus fruit as defined in s. 167 601.03(7). 168 Section 3. Subsection (11) of section 600.041, Florida 169 Statutes, is amended to read: 170 600.041 Definitions.—As used in this act, the following 171 terms have the following meanings: 172 (11) “Standard-packed box” has the same meaningmeans a173unit of measureas provideddefinedin s. 601.03(33). 174 Section 4. Section 601.01, Florida Statutes, is amended to 175 read: 176 601.01 Short title.—This chapter may beknown andcited as 177 the “Florida“The FloridaCitrus Codeof 1949.” 178 Section 5. Section 601.03, Florida Statutes, is amended to 179 read: 180 601.03 Definitions.—As used inconstruingthis chapter, 181wherethecontext permits the word, phrase, orterm: 182 (1) “Additive” means any foreign substance which, when 183 added to any citrus fruit juice, will change the amount of total 184 soluble solids or anhydrous citric acid therein, or the color or 185 taste thereof, or act as an artificial preservative thereof.;186 (2) “Agent” means any person who, on behalf of any citrus 187 fruit dealer, negotiates the consignment, purchase, or sale of 188 citrus fruit, or weighs citrus fruit so that the weight thereof 189 may be used in computing the amount to be paid therefor.;190 (3) “Broker” means any person engaged in the business of 191 negotiating the sale or purchase of citrus fruit for others.;192 (4) “Canned products” means juices, segments, or sections 193 of citrus fruits sealed in hermetically sealed containers at a 194 concentration that doesofnot exceedexceeding20 degrees Brix 195 and sufficiently processed by heat to ensure preservation of the 196 product, and when regulated by the departmentof Citrus, these 197 same products packed in any other manner or in any other type 198 container.;199 (5) “Canning plant” means any building, structure, or place 200 where citrus fruit or the juice thereof is canned or prepared 201 for canning at a concentration that doesofnot exceedexceeding202 20 degrees Brix for market or shipment.;203 (6) “Cash buyer” means any person who purchases citrus 204 fruit in this state from the producer for the purpose of 205 resale.;206 (7) “Citrus fruit” means all varieties and regulated 207 hybrids of citrus fruit and also means processed citrus products 208 containing 20 percent or more citrus fruit or citrus fruit 209 juice. The term does not,but,forthepurposes of this chapter, 210shall notmean limes, lemons, marmalade, jellies, preserves, 211 candies, or citrus hybrids for whichnospecific standards have 212 not been established by the department.of Citrus;213 (8) “Citrus fruit dealer” means any consignor, commission 214 merchant, consignment shipper, cash buyer, broker, association, 215 cooperative association, express or gift fruit shipper, or 216 person who in any manner makes or attempts to make money or 217 other thing of value on citrus fruit in any manner whatsoever, 218 other than of growing or producing citrus fruit., butThe term 219 doesshallnot include retail establishments whose sales are 220 direct to consumers and not for resale or persons or firms 221 trading solely in citrus futures contracts on a regulated 222 commodity exchange.;223 (9)(37)“Citrus hybrids” includes,meansbut isshallnot 224belimited to, hybrids between or among sour orange (C. 225 aurantium), pummelo (C. grandis), lemon (C. limon), lime (C. 226 aurantifolia), citron (C. medica), grapefruit (C. paradisi), 227 tangerine or mandarin orange (C. reticulata), sweet orange (C. 228 sinensis), tangelo (C. reticulata x C. paradisi or C. grandis), 229 tangor (C. reticulata x C. sinensis), kumquat (Fortunella, 230 species), trifoliate orange (Poncirus trifoliata), and varieties 231 of these species.;232 (10)(9)“Citrus producing area” means that part or parts of 233 the state in which citrus fruit is grown or produced.;234 (11)(10)“Color-add” or “color-added” means the application 235 or use of any coloring matter to any citrus fruit.;236 (12)(11)“Coloring matter” means any dye, or any liquid or 237 concentrate or material containing a dye or materials thatwhich238 react to form a dye, used or intended to be used for the purpose 239 of enhancing the color of citrus fruit by the addition of 240 artificial color to the peel thereof. The; provided that said241 term doesshallnot include any process or treatment of fruit 242 thatwhichmerely brings out or accelerates the natural color of 243 the fruit.;244 (13) “Commission” means the Florida Citrus Commission as 245 head of the department.of Citrus;246 (14)(15)“Commission merchant” means any person engaged in 247 the business of receiving any citrus fruit for sale on 248 commission for or on behalf of another.;249 (15)(16)“Concentrated products” means: 250 (a) Frozen citrus fruit juice frozen that hasata 251 concentration that exceedsof exceeding20 degrees Brix and is 252 kept at a sufficiently freezing temperature to ensure 253 preservation of the product; orand254 (b) Citrus fruit juice that is sealed in hermetically 255 sealed containers at a concentration that exceedsof exceeding256 20 degrees Brix and is sufficiently processed by heat to ensure 257 preservation of the product.;258 (16)(17)“Concentrating plant” means any building, 259 structure, or place where citrus fruit is canned, frozen, or 260 prepared for canning or freezing at a concentration that exceeds 261of more than20 degrees Brix for market or shipment.;262 (17)(18)“Consignment shipper” means any person who 263 contracts with the producer of citrus fruit for the marketing 264 thereof for the sole account and risk of such producer and who 265 agrees to pay such producer the net proceeds derived from such 266 sale.;267 (18)(19)“Consignor” means any person, other than a 268 producer, who ships or delivers to any commission merchant or 269 dealer any citrus fruit for handling, sale, or resale.;270 (19)(12)“DegreeningColoringroom” means any room or place 271 where citrus fruit is placed, with or without the use of heat or 272 any gas, for the purpose of bringing out the natural color of 273 the fruit.;274 (20) “Department” means the Department of Citrus. 275 (21)(14)“Department of Agriculture” means the Department 276 of Agriculture and Consumer Services.of the State of Florida;277 (22)(20)“Express or gift fruit shipper” means any person 278 having an established place of business who ships or delivers 279 for transportation in any manner,citrus fruit to a consumer and 280 not for the purpose of resale.;281 (23)(21)“Fresh fruit juice distributor” means any person 282 extracting and preparing for market or shipment any citrus fruit 283 juice in fresh form.;284 (24)(22)“Grapefruit” means the fruit Citrus paradisi 285 Macf., commonly called grapefruit. The term includes theand286shall includewhite, red, and pink meated varieties of 287 grapefruit.;288 (25)(23)“Handler” means any person engaged within this 289 state in the business of distributing citrus fruit in the 290 primary channel of trade or any person engaged as a processor in 291 the business of processing citrus fruit.;292 (26)(35)“Lemons” or “rough lemons”including “rough”293lemonsmeans the acid lemons of Citrus limon, including the 294 varieties eureka, genoa, wheatley, amerfo, belair, and 295 villafranca of the Eureka group; varieties bonnie brae, kennedy, 296 lisbon, messer, messina, and sicily of the Lisbon group; 297 varieties meyer, cuban, ponderosa, and rough of the Anomalous 298 group; varieties dorshapo and millsweet of the Sweet Lemon 299 group;,and other varieties not included in this subsection, 300abovesuch as everbearing, palestine sweet, perrine, and 301 spheriola.;302 (27)(24)“Manufacturer” means any person who manufactures 303shall manufacture, sellssellor offersofferfor sale, or 304 licenseslicenseor offersofferfor license for use any 305 coloring matter, or any soaps, oils, waxes, gases, gas-forming 306 material, or other similar compositions, or the component parts 307 thereof on or in the processing of citrus fruits.;308 (28)(25)“Oranges” means the fruit Citrus sinensis Osbeck, 309 commonly called sweet oranges.;310 (29)(26)“Packinghouse” means any building, structure, or 311 place where citrus fruit is packed or otherwise prepared for 312 market or shipment in fresh form.;313 (30)(27)“Person” means any natural person, partnership, 314 association, corporation, trust, estate, or other legal entity.;315 (31)(28)“Primary channel of trade” means the routes 316 through which citrus fruit is marketed. Citrusthatfruit is 317shall bedeemed to behave beendelivered into the primary 318 channel of trade when it is sold or delivered for shipment in 319 fresh form,or when it is received and accepted at a canning, 320 concentrating, or processing plant for canning, concentrating, 321 or processing.;322 (32)(38)“Processor” means any person engaged within this 323 state in the business of canning, concentrating, or otherwise 324 processing citrus fruit for market other than for shipment in 325 fresh fruit form. 326 (33)(29)“Producer” means any person growing or producing 327 citrus in this state for market.;328 (34)(30)“Ship” or “shipping” means to move, or cause to be 329 moved, citrus fruit or the canned or concentrated products 330 thereofto be movedin intrastate, interstate, or foreign 331 commerce by rail, truck, boat,orairplane, or any other means.;332 (35)(31)“Shipper” means any person engaged in shipping, or 333 causing to be shipped, citrus fruit or the canned or 334 concentrated products thereof in intrastate, interstate, or 335 foreign commerce, whether as owner, agent, or otherwise.;336 (36)(32)“Shipping season” means that periodof time337 beginning August 1 of one year and ending July 31 of the 338 following year.;339 (37)(36)“Sour or bitter oranges”—“sour” or “bitter”340orangesmeans the fruit of Citrus aurantium L. and contains 341 several subspecies. Among the most important are varieties 342 african, brazilian, rubidoux, and standard of the Normal group; 343 varieties daidai, goleta, and bouquet of the Aberrant group; 344 variety chinooto of the Myrtifolia group; and varieties 345 bittersweet and paraguay of the Bittersweet group.;346 (38)(33)“Standard packed box” means 1 3/5 bushels of 347 citrus fruit, whether in bulk or containers.;348 (39)(34)“Tangerines” means the fruit Citrus reticulata 349 Blanco, commonly called tangerines.;350 Section 6. Section 601.04, Florida Statutes, is amended to 351 read: 352 601.04 Florida Citrus Commission; creation and membership.— 353 (1)(a) There is createdand establishedwithin the 354 departmentof Citrus a board to be known and designated asthe 355“Florida Citrus Commission,”which shalltobe composed of nine 356 members appointed by the Governor. Each member must be a 357practical citrus fruit persons who areresident citizencitizens358 of the state who, each of whomis and has been actively engaged 359 in the growing, growing and shipping, or growing and processing 360 of citrus fruit in the state fora period ofat least 5 years 361 immediately beforeprior toappointment to thesaidcommission 362 and has, during that 5-yearsaidperiod:,363 1. Derived a major portion of her or his income from such 364 growing, growing and shipping, or growing and processing of 365 citrus fruit;therefromor, during said time, has366 2. Been the owner of, member of, officer of, or paid 367 employee of a corporation, firm, or partnership thatwhichhas, 368 during that 5-year periodsaid time, derived the major portion 369 of its income from suchthegrowing, growing and shipping, or 370 growing and processing of citrus fruit. 371 (b)1. Six members of the commission shall be classified 372designatedas grower members and shall be primarily engaged in 373 the growing of citrus fruit as an individual owner; as the owner 374 of, or as stockholder of, a corporation; or as a member of a 375 firm or partnership primarily engaged in citrus growing.None of376 Such members may notshallreceive any compensation from any 377 licensed citrus fruit dealer or handler, as defined in s. 378 601.03, other than gift fruit shippers, but any of the grower 379 members shall not be disqualified as a member if, individually, 380 or as the owner of, a member of, an officer of, or a stockholder 381 of a corporation, firm, or partnership primarily engaged in 382 citrus growing which processes, packs, and markets its own fruit 383 and whose business is primarily not purchasing and handling 384 fruit grown by others. 385 2. Three members of the commission shall be classified 386designatedas grower-handler members and shall be engaged as 387 owners, or as paid officers or employees, of a corporation, 388 firm, partnership, or other business unit engaged in handling 389 citrus fruit. Oneofsuch memberthree grower-handler members390 shall be primarily engaged in the fresh fruit business, and two 391ofsuchthree grower-handlermembers shall be primarily engaged 392 in the processing of citrus fruits. 393 (2)(a)(c)There shall beThree commission members shall be 394 appointedof the commissionfrom each of the three citrus 395 districts designated in s. 601.09. Members appointed from the 396 same citrus district shall serve staggered terms, such that the 397 term of one of the district’s three members expires each year. 398 Each member must reside in the district from which she or he was 399 appointed. For the purposes of this section, a member’sthe400 residence is her or hisof a member shall be theactual physical 401 and permanent residenceof the member. 402 (b)(2)(a)TheMembersof such commission shall possess the403qualifications herein provided andshall be appointed toby the404Governor forterms of 3 years each, except that, to establish 405 staggered terms of members from each citrus district, the terms 406 of members appointed before July 1, 2012, shall be shortened as 407 follows: 408 1. The term of one member from each citrus district shall 409 expire June 30, 2012, and her or his successor shall be 410 appointed to a term beginning July 1, 2012, and expiring May 31, 411 2015. 412 2. The term of one member from each citrus district shall 413 expire June 30, 2013, and her or his successor shall be 414 appointed to a term beginning July 1, 2013, and expiring May 31, 415 2016. 416 3. The term of one member from each citrus district shall 417 expire June 30, 2014, and her or his successor shall be 418 appointed to a term beginning July 1, 2014, and ending May 31, 419 2017. 420 4. Subsequent appointments shall be made in accordance with 421 this section. 422 423 Appointments shall be made by February 1 preceding the 424 commencement of the term and areshall besubject to 425 confirmation by the Senate in the following legislative session. 426 Each member is eligible for reappointment andFour members shall427be appointed each year. Such membersshall serve until her or 428 his successor istheir respective successors areappointed and 429 qualified. The regular termsshallbegin on June 1 and expire 430shall endon May 31 of the third year after such appointment. 431Effective July 1, 2011, the terms of all members of the432commission appointed on or before May 1, 2011, are terminated433and the Governor shall appoint the members of the commission in434accordance with the provisions of this act.435 (c)(b)When appointments are made, the Governor shall 436 publicly announce the actual classification and district that 437 each appointee represents. A majority of the members of the 438 commission shall constitute a quorum for the transaction of all 439 business and the carrying out of the duties of the commission. 440 Before entering upon the discharge of their duties as members of 441 the commission, each member shall take and subscribe to the oath 442 of office prescribed in s. 5, Art. II of the State Constitution. 443 The qualifications and classification requiredqualificationof 444 each member by this section continue to beas hereinrequired 445shall continuethroughout the respective term of office, and if 446in the eventa membershould, after appointment, failsfailto 447 meet the qualifications or classification thatwhichshe or he 448 possessed at the time of appointmentas above set forth, the 449suchmember mustshallresign or be removed and be replaced with 450 a member possessing the proper qualifications and 451 classification. 452 (d)(c)When making an appointment to the commission, the 453 Governor shall announce the district,andclassification, and 454 term of the person appointed. 455 (3)(a) The commission shallis authorized toelect a chair 456 and secretary and may elect a vice chair and such other officers 457 as the commission deemsit may deemadvisable. 458 (b) The chair, subject to commission concurrence, may 459 appoint such advisory committees or councils composed of 460 industry representatives as the chair deems appropriate, setting 461 forth theareas ofcommittee or council concerns thatconcern462whichare consistent with the statutory powers and duties of the 463 commission and the departmentof Citrus. 464(4) It is the intent of the Legislature that the commission465be redistricted every 5 years. Redistricting shall be based on466the total boxes produced from each of the three districts during467that 5-year period.468 Section 7. Section 601.045, Florida Statutes, is amended to 469 read: 470 601.045Department auditor’s report;Commission meetings; 471 report of department’s internal auditormeeting agenda item.—The 472Florida Citruscommission shall include as an agenda item at 473 each regularly scheduled meeting a report by the department’s 474 internal auditorof the department of Citrus. 475 Section 8. Section 601.05, Florida Statutes, is amended to 476 read: 477 601.05 Department of Citrus a body corporate.—The 478 departmentof Citrusshall be a body corporate, shall have power 479 to contract and be contracted with, and shall have and possess 480 all the powers of a body corporate for all purposes necessary 481 for fully carrying out the provisions and requirements of this 482 chapter. The departmentof Citrusshall adopt a corporate seal 483 with which it shall authenticate its proceedings. 484 Section 9. Section 601.06, Florida Statutes, is amended to 485 read: 486 601.06 Compensation and expenses of commission members. 487 Each member of the commission shall receive the sum of $25 per 488 day for each day or fraction thereof spent while en route to or 489 from, or in actual attendance at, regular or special meetings of 490 the commission or meetings of committees of the commission, or 491 in transacting other business authorized by the departmentof492Citrusin addition to per diem and reimbursement of expenses as 493 authorized by law. 494 Section 10. Section 601.07, Florida Statutes, is amended to 495 read: 496 601.07 Location of executive offices.—The department’s 497 executive officesof the Department of Citrusshall be 498 established and maintained at Bartow. 499 Section 11. Section 601.08, Florida Statutes, is amended to 500 read: 501 601.08 Authenticated copies of commission records as 502 evidence.—Copies of the proceedings, records, and acts of the 503 commission and certificates purporting to relate the facts 504 concerning such proceedings, records, and acts signed by the 505 chair of the commission and authenticated by the department’s 506 sealof the Department of Citrusshall be prima facie evidence 507 thereof in all the courts of the state. 508 Section 12. Section 601.09, Florida Statutes, is amended to 509 read: 510 601.09 Citrus districts.— 511 (1) For purposes of this chapter, the state is divided into 512 three districts composed of: 513 (a)(1)Citrus District One: Levy, Alachua, Brevard, Putnam, 514 St. Johns, St. Lucie, Flagler, Indian River, Marion, Seminole, 515 Orange, Okeechobee, Polk, Volusia, and Osceola Counties. 516 (b)(2)Citrus District Two: Hardee, DeSoto, Highlands, and 517 Glades Counties. 518 (c)(3)Citrus District Three: Charlotte, Citrus, Collier, 519 Hernando, Hendry, Hillsborough, Lake, Lee, Manatee, Monroe, 520 Martin, Pasco, Palm Beach, Pinellas, Sarasota, Sumter, Broward, 521 and Miami-Dade Counties. 522 (2) The Legislature intends that the citrus districts be 523 reviewed and, if necessary to maintain substantially equal 524 volumes of citrus production within each district, redistricted 525 every 5 years. The commission may, once every 5 years, review 526 the citrus districts based on the total boxes produced within 527 each district during the preceding 5 years and, based on the 528 commission’s findings, submit recommendations to the Legislature 529 for redistricting in accordance with this subsection. 530 Section 13. Section 601.10, Florida Statutes, is amended to 531 read: 532 601.10 Powers of the Department of Citrus.—The department 533of Citrusshall have and shall exercise such general and 534 specific powers as are delegated to it by this chapter and other 535 statutes of the state, which powers shall include, but areshall536 not limitedbe confinedto, the following: 537 (1) To adopt and periodically, from time to time,alter, 538 rescind, modify, or amend all proper and necessary rules,539regulations,and orders for the exercise of its powers and the 540 performance of its duties under this chapter and other statutes 541 of the state, which rules and ordersregulationsshall have the 542 force and effect of law when not inconsistent therewith. 543 (2) To act as the general supervisory authority over the 544 administration and enforcement of this chapter and to exercise 545 such other powers and perform such other duties as may be 546 imposed upon it by other laws of the state. 547 (3)To employ and, at its pleasure, discharge an executive548director as it deems necessary and to outline his or her powers549and duties and fix his or her compensation.550(a) The executive director of the department shall be551appointed by a majority vote of the commission for a term of 4552years, except for the initial term, and the executive director553shall be subject to confirmation by the Senate in the554legislative session following appointment.5551. The initial term of the executive director ends June 30,5562011, and each subsequent 4-year term begins July 1, and shall557be filled in the same manner as the original appointment.5582. A vacancy for the executive director shall be filled for559the unexpired portion of the term in the same manner as the560original appointment.561 (a)(b)ToThe department of Citrus maypay, or participate 562 in the payment of, premiums for health, accident, and life 563 insurance for its full-time employees, pursuant to such rulesor564regulationsas the departmentitmay adopt,; and such payments565arein addition to the regular salaries of such full-time 566 employees. The payment of such or similar benefits to its 567 employees in foreign countries, including, but not limited to, 568 social security, retirement, and other similar fringe benefit 569 costs, may be in accordance with laws in effect in the country 570 of employment, except that no benefits will be payable to 571 employees not authorized for other state employees, as provided 572 in the Career Service System. 573 (b) Subject to all applicable rules adopted by the 574 Department of Management Services, the department shall be 575 staffed 5 days per week, 40 hours per week, as necessary to 576 accommodate industry inquiries. However, the executive director, 577 with the commission’s approval, may establish alternative 578 schedules for individual department employees to ensure maximum 579 efficiencies. 580(c) Employees of the department shall work a 5-day, 40-hour581week. Unless an employee is on approved leave, an employee’s582salary shall be decreased by 20 percent for each day not worked583during the 5-day work week if the employee chooses to regularly584work less than a 5-day work week.585 (4) To purchase or authorize the purchase of all office 586 equipment and supplies and to incur all necessary expenses in 587 connection with and required for the proper administration 588carrying outofthe provisions ofthis chapter and other 589 applicable laws. 590 (5) To investigate violations ofthe provisions ofthis 591 chapter and other laws conferring powers and duties upon the 592 departmentof Citrus,and to report its findings or 593 recommendations in connection therewith to the Department of 594 Agricultureand Consumer Services. 595 (6) To incur such reasonable obligations and expenses as 596 may be necessary and proper for the discharge of its powers and 597 duties under this or other laws,and to have such obligations 598 and expenses paid out of the funds authorized by law to be 599 collected and expended. The department’s executive directorof600the Department of Citrus, or such other person specifically 601 designated by the commission to act in the event the executive 602 director is either unable or not available to act, is authorized 603 to execute, on behalf of the department, contracts and 604 agreements previously approved by the commission during a 605 regular or special meeting,on behalf of the Department of606Citrus;and the secretary or assistant secretary of the 607 commission is authorized to attest to the signature of the 608 executive director or other designated person. 609 (7) To adopt, repealpromulgate, alter, rescind, modify, 610 and amend under chapter 120, and to enforce, rules thatand611regulations andestablish minimum maturity and quality standards 612 for citrus fruits not inconsistent with existing laws or that,613toregulate and control methods and practices followed or used 614 in harvesting, grading, packing, extracting, canning, 615 concentrating, sectionizing, or otherwise processing citrus 616 fruits or citrus juices or the products thereof for human 617 consumption, including the addition or prohibition of any and 618 all additives, and including application to or use of coloring 619 matter thereon and coloring of fruit by placing in a degreening 620coloringroom with or without use of heat or any form of gas in 621 such process, to the end that such methods and practices as 622 affect the eating and keeping qualities and depreciate the value 623 of citrus fruits or the juices or other food products thereof in 624 any form may be minimized to the greatest extent possible, if 625 not altogether eliminated. 626 (8) To prepare and disseminate information of importance to 627 citrus growers, handlers, shippers, processors, and industry 628 related and interested persons and organizations,relating to 629 departmentof Citrusactivities and the production, handling, 630 shipping, processing, and marketing of citrus fruit and 631 processed citrus products. Any information that constitutes 632which consists ofa trade secret as defined in s. 812.081(1)(c) 633 is confidential and exempt fromthe provisions ofs. 119.07(1),634 and shall not be disclosed. For referendum and other notice and 635 informational purposes, the departmentof Citrusmay prepare and 636 maintain, from the best available sources, a citrus grower 637 mailing list. Such list shall be a public record available as 638 other public records, but it shall not be subject to the purging 639 provisions of s. 283.55. 640 (9) When, in the opinion of the departmentof Citrus,the641taxrevenues collected pursuant to assessments levied under this 642 chapter, whether allocated for research, advertising or 643 promotion, reserve funds, advertising incentive plans, or other 644 purposes, are not immediately needed for the purpose for which 645 such funds are provided, the Chief Financial Officer is 646 authorized and shall, upon the request and approval of the 647 departmentof Citrus, or its executive directorgeneral manager648 if she or he has been given such authority, invest and reinvest 649 the funds designated and for the period of time specified in 650 such request. In the investment of such funds, the Chief 651 Financial Officer hasshall havethe powers and isbesubject to 652 the limitations provided for in s. 17.61. 653 (10) Subject to the concurrence of the Chief Financial 654 Officer, whenever the department contracts with a foreign entity 655 for performance of services or the purchase of materials,and 656 such contract requires payment in equivalent foreign currency, 657 the department may, for payment of such contract obligation, 658 deposit sufficient state funds in a foreign bank, or purchase 659 foreign currency at the current market rate, up to an amount not 660 in excess of the contract obligation. All payments from these 661 funds must have prior audit approval from the office of the 662 Chief Financial Officer. 663 (11) To conduct an annual merchandising and management 664 meeting in this state for department field personnel and to make 665 direct payment, by means of vendor contracts approved by the 666 commission, for all necessary lodging, meals, facilities, and 667 training expenses for department employees attending such annual 668 meeting, in lieu of payment of individual employee per diem 669 allowances as established by s. 112.061. 670 (12) Notwithstandingthe provisions ofpart I of chapter 671 287, to adoptpromulgaterules for the purpose of entering into 672 contracts thatwhichare primarily for promotional and 673 advertising services and promotional events, which may include 674 commodities involving a service. Such rules shall include the 675 authority to negotiate costs with the offerors of such services 676 and commodities who have been determined to be qualified on the 677 basis of technical merit, creative ability, and professional 678 competency. Contracts pursuant to this subsection may provide 679 for advance payments when the department determines that such 680 provision is essential to acquiring the service. 681 (13) To investigate or address the transportation problems 682 affecting the citrus industry. 683 (14) To investigate or research the mechanical harvesting 684 of citrus fruit grown in the stateFlorida. 685 (15) To provide by rule a list of forms used in conducting 686 its business. The adoption of such rule constitutes sufficient 687 notice to the public of the existence of the forms and negates 688 the need to place specific citation to such list throughout the 689 related chapters of the Florida Administrative Code. 690 Section 14. Section 601.101, Florida Statutes, is amended 691 to read: 692 601.101 Ownership of rights under patent and trademark laws 693 developed or acquired underpursuant to the authorities ofthis 694 chapter.—Notwithstandingany provision ofchapter 286, the legal 695 title and every right, interest, claim, or demand of any kind in 696 and to any patent, trademark, copyright, certification mark, or 697 other right acquired under the patent and trademark laws of the 698 United States,orthis state, or any foreign country, or the 699 application thereforfor the same,now,heretofore,or that is 700 orasmay subsequently behereafterowned or held, acquired, or 701 developed by the departmentof Citrus,underthe authority and702directions given it bythis chapter, is vested in the department 703of Citrusfor the use, benefit, and purposes provided in this 704 chapter. The departmentof Citrusisherebyvested with and may 705is authorized toexercise anyand allof the normal incidents of 706 such ownership, including the receipt and disposition of 707 royalties. Any sums received as royalties from any such rights 708 areherebyappropriated to the departmentof Citrusforany and709all ofthe purposes and uses provided in this chapter. 710 Section 15. Section 601.11, Florida Statutes, is amended to 711 read: 712 601.11Power ofDepartment of Citrus; power to establish 713 standards; rulemaking authority.— 714 (1) The departmentof Citrus shall have full and plenary715power to, andmay adopt rules that:,716 (a) Establish state grades and minimum maturity and quality 717 standards not inconsistent with existing laws for citrus fruits 718 and food products thereof containing 20 percent or more citrus 719 or citrus juice, whether canned,orconcentrated, or otherwise 720 processed, including standards for frozen concentrate for 721 manufacturing purposes, and for containers therefor. These 722 standards must be designed to increase the acceptance and 723 consumption by the consuming public of such regulated citrus 724 fruits and food products thereof and may include, but are not 725 limited to, standards for: 726 1. Color break, predominant color, total soluble solids, 727 juice content, and ratio of soluble solids of the juice to 728 anhydrous citric acid of oranges, grapefruit, and tangerines. 729 2. Total soluble solids, juice content, and ratio of 730 soluble solids of the juice to anhydrous citric acid of citrus 731 fruit grown in the state for export to foreign countries other 732 than Canada and Mexico. 733 3. Canned orange juice or frozen concentrated orange juice 734 that is sold, offered for sale, shipped, or offered for 735 shipment, including, but not limited to, standards for total 736 soluble solids, ratio of soluble solids of juice to anhydrous 737 citric acid, amount of anhydrous citric acid, amount of 738 recoverable oil, color, taste, flavor, and absence of additives 739 or defects, and labeling requirements for substandard juice. 740 These standards may establish separate density, compositional, 741 labeling, and inspection requirements for high-density frozen 742 concentrated orange juice that is sold, offered for sale, 743 shipped, or offered for shipment in retail, institutional, or 744 bulk size containers. 745 4. The processing, shipping, and sale of frozen 746 concentrated orange juice and concentrated orange juice for 747 manufacturing to which nutritive sweetening ingredients are 748 added, including, but not limited to, total soluble solids of 749 orange juice exclusive of the added nutritive sweetening 750 ingredients; labeling requirements; and requirements for the 751 inspection and reinspection of such concentrated orange juice 752 before and after nutritive sweetening ingredients are added. 753 5. Grapefruit juice products, including, but not limited 754 to, standards for the ratio of soluble solids of juice to 755 anhydrous citric acid and any other standards designed to 756 increase the acceptance and consumption by the consuming public 757 of such regulated grapefruit juice products. 758 6. Canned blends of orange juice and grapefruit juice that 759 are sold, offered for sale, shipped, or offered for shipment, 760 including, but not limited to, standards for total soluble 761 solids, ratio of soluble solids of juice to anhydrous citric 762 acid, amount of anhydrous citric acid, amount of recoverable 763 oil, color, taste, flavor, absence of defects, and labeling 764 requirements for substandard juice blends. 765 (b) Authorize the department to issue permits for the 766 export to foreign countries other than Canada and Mexico of 767 citrus fruit grown in the state that complies with rules adopted 768 under subparagraph (a)2. 769 (c) Authorize the commission to issue and renew permits for 770 processors of frozen concentrated orange juice and concentrated 771 orange juice for manufacturing to which nutritive sweetening 772 ingredients are added and, in addition to disciplinary action 773 that may be taken by the Department of Agriculture against a 774 citrus fruit dealer for violations of this chapter, to suspend 775 or revoke the permit of any processor that does not comply with 776 rules adopted under subparagraph (a)4. 777 (d) Authorize the commission to determine whether freezing 778 temperatures have caused damage or freeze-related injury as 779 described in s. 601.89 to citrus fruit and, if the commission 780 determines that such damage has been caused, issue emergency 781 quality assurance orders that: 782 1. Temporarily prohibit the preparation for market, sale, 783 offer for sale, or shipment of any citrus fruit showing freeze 784 damage or freeze-related injury. 785 2. Establish the degree of freeze damage or freeze-related 786 injury that is temporarily permitted in citrus fruit used in 787 frozen concentrated products, including concentrate for 788 manufacturing purposes. 789 (e) Establish standards limiting any increase of spacing 790 between stacked field boxes caused by the placement of cleats or 791 other devices on the field boxes. 792 (2) The department shall adoptprescriberulesor793regulationsgoverning: 794 (a) The marking, branding, labeling, tagging, or stamping 795 of citrus fruit, or products thereof, whether canned,or796 concentrated, or otherwise processed, and upon containers 797 therefor for the purpose of showing the name and address of the 798 person marketing such citrus fruit or products thereof, whether 799 canned,orconcentrated, or otherwise processed.;800 (b) The grade, quality, variety, type, or size of citrus 801 fruit;,the grade, quality, variety, type, and amount of the 802 products thereof, whether canned,orconcentrated, or otherwise 803 processed;,and the quality, type, size, dimensions, and shape 804 of containers therefor.,805 (c) The regulationand to regulateor prohibition of 806prohibitthe use of containers thatwhich have beenpreviously 807 have been used for the sale, transportation, or shipment of 808 citrus fruit or the products thereof, whether canned,or809 concentrated, or otherwise processed, or any other commodity.;810provided,However, the department may not prohibitthatthe use 811 of secondhand containers for the sale oranddelivery of citrus 812 fruit for retail consumption within the state.shall not be813prohibited;814 (3) The department may not adopt anyprovided, however,815that nostandard,regulation,rule, or order under this section 816 thatwhichis inconsistent withrepugnant toany requirement of 817made mandatory underfederal law or regulations that applies 818shall applyto citrus fruit, or the products thereof, whether 819 canned,orconcentrated, or otherwise processed, or to 820 containers therefor, thatwhichare being shipped from this 821 state in interstate commerce. 822 (4)(a) All citrus fruit and the products thereof, whether 823 canned,orconcentrated, or otherwise processed, sold,or824 offered for sale, or offered for shipment within or without the 825 state shall be graded and marked as required by this section. 826and827 (b) Theregulations,rules,and orders adoptedand made828 underauthority ofthis section, to the extent that they are 829which regulations, rules, and orders shall, whennot 830 inconsistent with state or federal law, shall have the force and 831 effect of law. 832 (5) In accordance with the Administrative Procedure Act, 833 rules adopted under this section must be adopted, amended, or 834 repealed pursuant to chapter 120. 835 Section 16. Section 601.111, Florida Statutes, is amended 836 to read: 837 601.111Department of Citrus authorized to lowerMaturity 838 standards; modification by emergency rule.— 839 (1) The Legislatureof the statefindsand declaresthat 840 emergencies creating abnormal conditions in the state’sFlorida841 citrus industry, which may include, but are not limited to,such842asunusual climatic conditions that produce unusual growing 843 conditions of citrus fruit, freezes and hurricanes, or other 844 acts of God that may affect a substantial part of the citrus 845 industry, require that the department haveof Citrusbe given846 the power and authority to modifylowerthe maturity standards 847 established by rulelawfor citrus fruit or any variety thereof,848not including oranges except as specified in subsection (2),849under and subject to the limitations, conditions, restrictions,850and provisions and within the standards hereinafter prescribed851and established. 852 (2)(a) Upon the determination by the department thatIn the853event ofan emergency exists that creates abnormal conditions in 854 the state’s citrus industrysuch as is mentioned in subsection855(1), thesaiddepartmentof Citrus, in addition to all other 856 powers and authority provided by law, may adopt emergencywhich857it now possesses, which have heretofore been granted or858delegated to it by the Legislature shall have the additional859power to issuerules pursuant to s. 120.54(4) which temporarily 860 modify the maturity standards previously adopted by ruleand861regulations to:862(a) Lower by not more than 10 percent the existing minimum863requirement as to the total soluble solids of the juice of864citrus fruit or any variety, except oranges, or size thereof;865(b) Lower by not more than 10 percent the existing ratio of866total soluble solids of the juice of citrus fruit or any variety867thereof, except oranges, to the anhydrous citric acid;868(c) Lower by not more than 10 percent the existing minimum869requirement for juice content of citrus fruit or any variety or870size thereof; and871(d) Lower by not more than 10 percent the existing minimum872requirement for the content of anhydrous citric acid for873oranges. 874 (b) An emergency rule adoptedAny actionunder this 875 subsection doesshallnot take effect unless the emergency rule 876 isbe taken without the consent of at least nine members of the877Florida Citrus Commission. Any regulationadoptedpursuant to878this section shall beby the affirmative vote of at least seven 879ninemembers of thesaid Florida Citruscommission, and each 880everysuch emergency rule mustregulation shallcontain an 881 expiration date of not later than 1 year afterfromits 882 effective date. 883 (3) This section doesact shallnot repeal any other 884 section or part of this chapter and, butshall be deemed as 885 supplemental and additional to the express power vested in the 886 departmentof Citrus, subject only to the limitations, 887 restrictions, conditions, provisions, and standards provided in 888 this sectionherein set forth. 889 Section 17. Section 601.13, Florida Statutes, is amended to 890 read: 891 601.13 Citrus research; administration by Department of 892 Citrus; appropriation.— 893 (1) The department shall administeradministration ofthis 894 section andshall be vested in the department of Citrus which895shallprescribe suitable and reasonable rules to properly 896 implement this sectionand regulations for the proper carrying897out of the provisions hereof. 898 (2)It shall be the duty ofThe department shallof Citrus,899and it is empowered: 900 (a)1.ToConduct or cause to be conducted a thorough and 901 comprehensive study of citrus fruit and the juices thereof: 902 a.1.With respect to the quality and maturity of suchsaid903 fruit and the juices thereof, including proper effort to 904 assemble data and arrive at a proper standard of quality, grade, 905 and maturity with reference to its texture, stability, and 906 general marketability and so far as possible reduce such 907 findings to specific and readily understood chemical, 908 mathematical, or descriptive terms;,and 909 b.2.With respect to the nutritional and other value or 910 values of such fruit and the juices thereof.andto911 2. Provide suitable facilities and equipment of every kind 912 whatsoever proper and necessary in connection with all such 913 work. 914 (b)ToConduct or cause to be conducted such study and 915 research as is necessary to provide all the information and data 916 required to be disseminated pursuant tothe provisions ofthis 917 section. 918 (c)ToProvide suitable and sufficient laboratory 919 facilities and equipment, making use of the laboratory 920 facilities and equipment of the University of Florida, insofar 921 as it is practicable for the purpose of conducting thorough and 922 comprehensive study and research to determine all possible new 923 and further uses for citrus fruit and citrus fruit juices and 924 the products and byproducts into which the same can be converted 925 or manufactured, as well as to determine and develop new and 926 profitable methods and instruments of distribution thereof. 927 (d)ToCarry on, or cause to be carried on, suitable 928 experiments in an effort to prove the commercial value of each, 929 and determine and develop new and further use for citrus fruit 930 and citrus fruit juices or the products and byproducts into 931 which the same can be converted or manufactured. 932 (e)ToCarry on or cause to be carried on suitable 933 experiments in an effort to prove the commercial value of any 934 and all new profitable methods and instruments of distribution 935 of citrus fruit and citrus fruit juices and the products and 936 byproducts into which the same can be converted or manufactured. 937 (f)ToCarry on or cause to be carried on an economic and 938 marketing research program relating to citrus fruits and,939 products or byproducts thereof. 940 (g)ToEnter into any mutually satisfactory contracts or 941 agreements with any person, firm, institution, corporation, or 942 business unit, as well as any state or federal agency, that 943whichthe departmentof Citrusdeems wise, necessary, and 944 expedient in the administrationcarrying outofany of the945provisions ofthis chapter. 946 (h)ToIncur and pay such expenses and obligations as are 947 necessary in connection with and required for the proper 948 administrationcarrying outofthe provisions ofthis chapter. 949 (i) Conduct or cause to be conducted any research related 950 to disease and crop efficiency which would advance the purposes 951 of the state’s citrus industry and commercialization related to 952 advancing such research. 953 (3) There isherebyappropriated and made available for 954 defraying the expenses of the administration of this section 955 from the moneys derived from advertising assessmentsexcise956taxeslevied on citrus fruit such amounts as the departmentof957Citrusmay deem necessary within the percentage limitations 958 imposed by s. 601.15. 959 Section 18. Section 601.15, Florida Statutes, is amended to 960 read: 961 601.15 Advertising campaign; methods of conducting; 962 assessmentsexcise tax; emergency reserve fund; citrus 963 research.— 964 (1) The department shall administeradministration ofthis 965 sectionshall be vested in the Department of Citrus,which shall966 prescribe suitable and reasonable rulesand regulationsfor the 967 enforcement of this sectionhereof, andthe Department of Citrus968shalladminister the assessmentstaxeslevied and imposed under 969 this sectionhereby. All funds collected under this section and 970 the interest accrued on such funds are consideration for a 971 social contract between the state and the citrus growers of the 972 state whereby the state must hold such funds in trust and 973 inviolate and use them only for the purposes prescribed in this 974 chapter. The department mayof Citrus shall have power tocause 975 its duly authorized agent or representative to enter upon the 976 premises of any handler of citrus fruits and to examine or cause 977 to be examined any books, papers, records, or memoranda bearing 978 on the amount of assessmentstaxespayable and to secure other 979 information directly or indirectly concerned in the enforcement 980 of this sectionhereof. Any person who is required to pay the 981 assessmentstaxeslevied and imposed and who by any practice or 982 evasion makes it difficult to enforce this sectionthe983provisions hereofby inspection, or any person who, after demand 984 by the departmentof Citrusor any agent or representative 985 designated by it for that purpose, refuses to allow full 986 inspection of the premises or any part thereof or any books, 987 records, documents, or other instruments in any manner relating 988 to the liability of the person or entity liabletaxpayerfor the 989 assessmenttaximposed or hinders,or in anywisedelays, or 990 prevents such inspection, commitsis guilty ofa misdemeanor of 991 the second degree, punishable as provided in s. 775.082 or s. 992 775.083. 993 (2) The departmentof Citrusshall plan and conduct 994 campaigns for commodity advertising, publicity, and sales 995 promotion, and may conduct campaigns to encourage noncommodity 996 advertising, to increase the consumption of citrus fruits and 997 may contract for any such advertising, publicity, and sales 998 promotion service. To accomplish such purpose, the departmentof999Citrusshallhave power, and it shall be its duty: 1000 (a)ToDisseminate information relating to: 1001 1. Citrus fruits and the importance thereof in preserving 1002 the public health, the economy thereof in the diet of the 1003 people, and the importance thereof in the nutrition of 1004 children.;1005 2. The manner, method, and means used and employed in the 1006 production and marketing of citrus fruits and information 1007 relating to laws of the state regulating and safeguarding such 1008 production and marketing.;1009 3. The added cost to the producer and dealer in producing 1010 and handling citrus fruits to meet the high standards imposed by 1011 the state that ensure a pure and wholesome product.;1012 4. The effect upon the public health thatwhichwould 1013 result from a breakdown of the state’sFloridacitrus industry 1014 or any part thereof.;1015 5. The reasons thatwhyproducers and dealers should 1016 receive a reasonable return on their labor and investment.;1017 6. The problem of furnishing the consumer at all times with 1018 an abundant supply of fine quality citrus fruits at reasonable 1019 prices.;1020 7. Factors of instability peculiar to the citrus fruit 1021 industry, such as unbalanced production, the effect of the 1022 weather, the influence of consumer purchasing power, and price 1023 relative to the cost of other items of food in the normal diet 1024 of people, all to the end that an intelligent and increasing 1025 consumer demand may be created.;1026 8. The possibilities with particular reference to increased 1027 consumption of citrus fruits.; and1028 9. Suchother, further, andadditional information that 1029whichtends to promote increased consumption of citrus fruits 1030 and thatwhichfosters a better understanding and more efficient 1031 cooperation among producers, dealers, and the consuming public.;1032and1033 (b)ToDecide upon some distinctive and suggestive trade 1034 name and to promote its use in all ways to advertise Florida 1035 citrus fruit. 1036 (3)(a) There isherebylevied and imposed upon each 1037 standard-packed box of citrus fruit grown and placed into the 1038 primary channel of trade in this state an assessmentexcise tax1039 at maximum annual rates for each citrus season as provided 1040determined from the tablesin this paragraphand based upon the1041previous season’s actual statewide production as reported in the1042United States Department of Agriculture Citrus Crop Production1043Forecast as of June 1. The rates may be set at any lower rate in 1044 any year pursuant to paragraph (e). 1045 1. Thefollowingmaximum assessment fortax rates,1046expressed in cents per box, shall apply tograpefruit thatwhich1047 enters the primary channel of trade for use in fresh form may 1048 not exceed 36 cents per box.:1049 1050Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter1051 105280 andgreater3334353637105375-79.993536373839105470-74.993738394142105565-69.994041424445105660-64.994344464749105755-59.994748505153105850-54.995153555658105945-49.995759606264106040-44.9963656769711061Less than 4072747679811062 1063However, effective July 1, 2011, the tax rate per box on1064grapefruit that enters the primary channel of trade for use in1065fresh form may not exceed the tax rate per box in effect on May10661, 2011.1067 2. Thefollowingmaximum assessment fortax rates,1068expressed in cents per box, shall apply tograpefruit thatwhich1069 enters the primary channel of trade for use in processed form 1070 may not exceed 36 cents per box.forms:1071 1072Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter1073 107480 andgreater2324252526107575-79.992525262728107670-74.992627282930107765-69.992829303132107860-64.993132323334107955-59.993334353637108050-54.993638394041108145-49.994041434445108240-44.9945464849511083Less than 4051535456571084 1085However, effective July 1, 2011, the tax rate per box on1086grapefruit that enters the primary channel of trade for use in1087processed forms may not exceed the tax rate per box in effect on1088May 1, 2011.1089 3. Thefollowingmaximum assessment fortax rates,1090expressed in cents per box, shall apply tooranges thatwhich1091 enter the primary channel of trade for use in fresh form may not 1092 exceed 7 cents per box.:1093 1094Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter1095 1096255 andgreater23242526261097245-254.924252627271098235-244.925262728281099225-234.926272829301100215-224.928282930311101205-214.929303132331102195-204.930313233341103185-194.932333435361104175-184.934353637381105165-174.936373839401106155-164.938394041431107Less than 15541424344461108 1109However, effective July 1, 2011, the tax rate per box on oranges1110that enter the primary channel of trade for use in fresh form1111may not exceed the tax rate per box in effect on May 1, 2011.1112 4. Thefollowingmaximum assessment fortax rates,1113expressed in cents per box, shall apply tooranges thatwhich1114 enter the primary channel of trade for use in processed form may 1115 not exceed 25 cents per box.:1116 1117Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter1118 1119255 andgreater15161617171120245-254.916161717181121235-244.917171818191122225-234.917181819191123215-224.918191920201124205-214.919202021211125195-204.920212122221126185-194.921222223241127175-184.922232324251128165-174.923242526261129155-164.925262627281130Less than 15527272829301131 1132However, effective July 1, 2011, the tax rate per box on oranges1133that enter the primary channel of trade for use in processed1134form may not exceed 25 cents per box.1135 5. The actual assessmenttax ratelevied each year upon 1136oranges which enter the primary channel of trade for use in1137processed form, pursuant to this paragraph, paragraph (e), and1138subsection (4), shall also apply in that year totangerines and 1139 citrus hybrids regulated by the department thatof Citrus which1140 enter the primary channel of trade for use in processed form may 1141 not exceed 25 cents per box. 1142 6. Thefollowingmaximum assessment fortax rates,1143expressed in cents per box, shall apply totangerines and citrus 1144 hybrids regulated by the department thatof Citrus whichenter 1145 the primary channel of trade for use in fresh form may not 1146 exceed 16 cents per box.:1147 1148Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter1149 115013 andgreater2424252627115112 -12.992626272829115211 -11.992829303031115310 -10.99313132333411549 -9.99343536373811558 -8.99383940414211567 -7.9943444547481157Less than 749515254561158 1159However, effective July 1, 2011, the tax rate per box on1160tangerines and citrus hybrids regulated by the Department of1161Citrus which enter the primary channel of trade for use in fresh1162form may not exceed the tax rate per box in effect on May 1,11632011.1164 (b) Whenever citrus fruit is purchased, acquired, or 1165 handled on a weight basis, the following weights areshall be1166 deemed the equivalent of one standard-packed box for assessment 1167taxpurposes under this section: 1168 1. Grapefruit, 85 pounds. 1169 2. Oranges, 90 pounds. 1170 3. Tangerines, 95 pounds. 1171 4. Citrus hybrids, 90 pounds. 1172 (c) The assessmentsexcise taxesimposed by this section do 1173 not apply to citrus fruit used for noncommercial domestic 1174 consumption on the premises where produced. 1175 (d) For purposes of this subsection, a citrus season begins 1176 on August 1 of a year and ends on July 31 of the following year. 1177 (e) The commission, upon an affirmative vote of a majority 1178 of its members and by an order entered by it beforeprior to1179 November 1 of any year, may set the assessmentstax ratesup to 1180 the maximum rates specified in this subsection. The assessment 1181tax rateshall apply only to the citrus season thatwhichbegan 1182 on August 1 of the same calendar year. Such assessmenttax rate1183 may be applied by variety and on the basis of whether the fruit 1184 enters the primary channel of trade for use in fresh or 1185 processed form. If the commission cannot agree on a box 1186 assessmenttax rate, the assessmenttax ratefor the previous 1187 year shall remain in effect until the commission approves a new 1188 assessmentrate. 1189 (4) Every handler shall keep a complete and accurate record 1190 of all citrus fruit handled by her or him. Such record shall be 1191 in such form and contain such other information as the 1192 departmentof Citrusshall by ruleor regulationprescribe. Such 1193 records shall be preserved by such handlers for a period of 1 1194 year and shall be offered for inspection at any time upon oral 1195 or written demand by the departmentof Citrusor its duly 1196 authorized agents or representatives. 1197 (5) Every handler shall, at such times and in such manner 1198 as the departmentof Citrusmay by rule require, file with the 1199 departmentof Citrusa return certified as true and correct, on 1200 forms furnished by the departmentof Citrus, stating, in 1201 addition to other information, the number of standard-packed 1202 boxes of each kind of citrus fruit handled by such handler in 1203 the primary channel of trade during the period of time covered 1204 by the return. Full payment of all assessmentsexcise taxesdue 1205 for the period reported shall accompany each handler’s return. 1206 (6)(a) All assessmentsexcise taxeslevied and imposed 1207 pursuant tothe provisions ofthis section areshall bedue and 1208 payable and shall be paid, or the amount thereof guaranteed as 1209hereinafterprovided in this subsection, at the time the citrus 1210 fruit is first handled in the primary channels of trade. All 1211 such assessmentstaxesshall be paid, or the payment thereof 1212 shall be guaranteed, to the departmentof Citrusby the person 1213 first handling the fruit in the primary channel of trade, except 1214 that payment of assessmentstaxeson fruit delivered or sold for 1215 processing in this state shall be paid, or payment thereof shall 1216 be guaranteed in accordance with departmentof Citrusrules, by 1217 the person processing such fruit. 1218 (b) Periodic payment of assessmentsexcise taxesupon 1219 citrus fruit by the person liable for such payment isshall be1220 permitted only in accordance with departmentof Citrusrules,;1221 and the payment thereof shall be guaranteed by the posting of a 1222 good and sufficient letter of credit from an issuing bank 1223 located in the United States, a cash bond, an appropriate 1224 certificate of deposit, or an approved surety bond in an amount 1225 and manner as prescribed by departmentof Citrusrule. Evidence 1226 of such guarantee of payment of assessments mustexcise taxes1227shallbe made on the grade certificate in such manner and form 1228 as may be prescribed by departmentof Citrusrule. 1229 (c) All assessmentstaxescollected by the departmentof1230Citrusshall be delivered to the State Treasury for payment into 1231 the proper advertising fund. 1232 (7) All assessmentsexcise taxeslevied and collected under 1233the provisions ofthis chapter shall be paid into the State 1234 Treasury on or before the 15th day of each month.;Such moneys 1235 shall be accounted for in a special fund to be designated as the 1236 Florida Citrus Advertising Trust Fund, and all moneys in such 1237 fund areherebyappropriated to the departmentof Citrusfor the 1238 following purposes: 1239 (a) Four percent of all income of a revenue nature 1240 deposited in this fund, including transfers from any subsidiary 1241 accounts thereof and any interest income, shall be deposited in 1242 the General Revenue Fund pursuant to chapter 215. 1243 (b) Moneys in the Florida Citrus Advertising Trust Fund 1244 shall be expended for the activities authorized by s. 601.13 and 1245 for the cost of those general overhead, research and 1246 development, maintenance, salaries, professional fees, 1247 enforcement costs, and other such expenses thatwhichare not 1248 related to advertising, merchandising, public relations, trade 1249 luncheons, publicity, and other associated activities. The cost 1250 of general overhead, maintenance, salaries, professional fees, 1251 enforcement costs, and other such expenses thatwhichare 1252 related to advertising, merchandising, public relations, trade 1253 luncheons, publicity, and associated activities shall be paid 1254 from the balance of the Florida Citrus Advertising Trust Fund. 1255 (c) Moneys in the Florida Citrus Advertising Trust Fund 1256 shall also be used by the departmentof Citrusfor defraying 1257 those expenses not included in paragraph (b). After payment of 1258 such expenses, the money levied and collected underthe1259provisions ofsubsection (3) shall be used exclusively for 1260 commodity and noncommodity advertising, merchandising, 1261 publicity, or sales promotion of citrus products in both fresh 1262 form and processed form, including citrus cattle feed and all 1263 other products of citrus fruits, produced in the state, in such 1264 equitable manner and proration as the departmentof Citrusmay 1265 determine, but funds expended for commodity advertising 1266 thereunder shall be expended through an established advertising 1267 agency. A proration of moneys between commodity programs and 1268 noncommodity programs,and among types of citrus products,shall 1269 be made on or before November 1 of each shipping season and may 1270 not thereafter be modified for that shipping season unless the 1271 department finds such action necessary to preserve the economic 1272 welfare of the citrus industry. 1273 (d) The pro rata portion of moneys allocated to each type 1274 of citrus product in noncommodity programs shall be used by the 1275 department to encourage substantial increases in the 1276 effectiveness, frequency, and volume of noncommodity 1277 advertising, merchandising, publicity, and sales promotion of 1278 such citrus products through rebates and incentive payments to 1279 handlers and trade customers for these activities. The 1280 department shallof Citrus is authorized and directed toadopt 1281 rules providing for the use of such moneys. The rules shall 1282 establish alternate incentive programs, including at least one 1283 incentive program for product sold under advertised brands, one 1284 incentive program for product sold under private label brands, 1285 and one incentive program for product sold in bulk. For each 1286 incentive program, the rules shall establish eligibility and 1287 performance requirements and shall provide appropriate 1288 limitations on amounts payable to a handler or trade customer 1289 for a particular season. Such limitations may relate to the 1290 amount of citrus assessmentsexcise taxeslevied and collected 1291 on the citrus product handled by such handler or trade customer 1292 during a 12-month representative period. The department may 1293 require from participants in noncommodity advertising and 1294 promotional programs commercial information necessary to 1295 determine eligibility for and performance in such programs. Any 1296 information so required which constitutes a “trade secret” as 1297 defined in s. 812.081 is confidential and exempt fromthe1298provisions ofs. 119.07(1). 1299 (8)(a) On certification by any employee of the department 1300of Citrusthat her or his actual and necessary expenses on any 1301 particular day while traveling outside the state exceeded the 1302 per diem provided by law, such employee shall show such excess 1303 on her or his regular expense voucher and support the same by 1304 the proof required pursuant to rules adoptedand regulations to1305be promulgatedby the departmentof Citrus. 1306 (b) The departmentof Citrusis authorized to spend such 1307 amount as it deems advisable for guests involved in promotional 1308 activities in the sale of Florida citrus fruits and products. 1309 (c) All obligations, expenses, and costs incurred underthe1310provisions ofthis section shall be paid out of the Citrus 1311 Advertising Fund upon warrant of the Chief Financial Officer 1312 when vouchers thereof, approved by the departmentof Citrus, are 1313 exhibited. 1314 (9)(a) Any handler who fails to file a return or to pay any 1315 assessmenttaxwithin the time required shall thereby forfeit to 1316 the departmentof Citrusa penalty of 5 percent of the amount of 1317 assessmenttaxdetermined to be due,;but the departmentof1318Citrus, if satisfied that the delay was excusable, may remit all 1319 or any part of such penalty. Such penalty shall be paid to the 1320 departmentof Citrusand disposed of as provided with respect to 1321 moneys derived from the assessmentstaxeslevied and imposed by 1322 subsection (3). 1323 (b) The departmentof Citrusmay collect any assessments 1324taxeslevied and assessed by this chapter in any or all of the 1325 following methods: 1326 1. By the voluntary payment by the person liable therefor. 1327 2. By a suit at law. 1328 3. By a suit in equity to enjoin and restrain any handler, 1329 citrus fruit dealer, or other person owing such assessments 1330taxesfrom operating her or his business or engaging in business 1331 as a citrus fruit dealer until the delinquent assessmentstaxes1332 are paid. Such action may include an accounting to determine the 1333 amount of assessmentstaxesplus delinquencies due. In any such 1334 proceeding, it is not necessary to allege or prove that an 1335 adequate remedy at law does not exist. 1336 (10) The powers and duties of the departmentof Citrus1337 include the following: 1338 (a) To adopt and periodicallyfrom time to timealter, 1339 rescind, modify, and amend all proper and necessary rules,1340regulations,and orders for the exercise of its powers and the 1341 performance of its duties under this chapter. 1342 (b) To employ and at its pleasure discharge an advertising 1343 manager, agents, advertising agencies, and such clerical and 1344 other help as it deems necessary and to outline their powers and 1345 duties and fix their compensation. 1346 (c) To make in the name of the departmentof Citrussuch 1347 advertising contracts and other agreements as may be necessary. 1348 (d) To keep books, records, and accounts of all of its 1349 activities, which books, records, and accounts shall be open to 1350 inspection, audit, and examination by the Auditor General and 1351 the Office of Program Policy Analysis and Government 1352 Accountability. 1353 (e) To purchase or authorize the purchase of all office 1354 equipment and supplies and to incur all other reasonable and 1355 necessary expenses and obligations in connection with and 1356 required for the proper administrationcarrying outofthe1357provisions ofthis chapter. 1358 (f) To conduct, and pay out of the Florida Citrus 1359 Advertising Trust Fund, premium and prize promotions designed to 1360 increase the use of citrus in any form. 1361 (g) To advertise citrus cattle feed and promote its use. 1362 (h) To conduct marketing activities in foreign countries 1363 and other programs designed to develop and protect domestic and 1364 international markets. 1365 Section 19. Paragraphs (a), (b), and (d) of subsection (1), 1366 subsection (4), paragraph (a) of subsection (5), and subsections 1367 (8) through (11) of section 601.152, Florida Statutes, are 1368 amended to read: 1369 601.152 Special marketing orders.— 1370 (1)(a) Whenever, upon its own motion or upon petition of 1371 any handler or producer or group or association of handlers or 1372 producers of citrus fruit, the commission, upon affirmative vote 1373 of sevennineof its members, determines: 1374 1. That the conduct of a special advertising and 1375 promotional marketing campaign or the conduct of market and 1376 product research and development, in addition to the advertising 1377 campaign being conducted pursuant to s. 601.15 and the research 1378 being conducted pursuant to the other provisions of the Florida 1379 Citrus Code, may substantially further increase the consumer 1380 acceptance and consumption of, and strengthen the market for, 1381 any type, variety, or form of citrus fruit or processed citrus 1382 product by further increasing the number of families buying such 1383 citrus fruit or such processed citrus product or by further 1384 increasing the quantity of such citrus fruit or processed citrus 1385 product purchased by buying families; and 1386 2. That such substantial further increase and strengthening 1387 may be of substantial benefit to handlers thereof, producers 1388 thereof, and to the economy and well-being of the state, 1389 1390 the commission shall direct that a proposed marketing order be 1391 formulated for a special marketing campaign of advertising and 1392 sales promotion, including, but not limited to, brand 1393 advertising rebate promotions or the conduct of market and 1394 product research and development for such type, variety, or form 1395 of citrus fruit or processed citrus product, and shall designate 1396 a public hearing to consider adoption and implementation of such 1397 proposed marketing order. 1398 (b) Notice of the time, place, and purpose of such public 1399 hearing shall be: 1400 1. Mailed, at leastnot less than10 days beforeprior to1401 such hearing, to each handler who, during the 12 months 1402 immediately beforeprecedingsuch mailing, has first handled in 1403 the primary channel of trade in the stateFloridathe type, 1404 variety, and form of citrus fruit or citrus product specified in 1405 the proposed marketing order, and to each handler who the 1406 departmentof Citrushas good cause to believe will, during the 1407 period of time covered by the proposed marketing order, first 1408 handle in the primary channel of trade in the stateFloridathe 1409 type, variety, and form of citrus fruit or processed citrus 1410 product specified in such proposed marketing order. 1411 2. Published in the Florida Administrative Weekly at least 1412not less than10 days beforeprior tosuch hearing. 1413 (d) Copies of the proposed marketing order shall be made 1414 available to the public at the offices of the departmentof1415Citrusat Lakeland at least 5 days beforeprior tosuch hearing 1416 and shall be in sufficient detail to apprise all persons having 1417 an interest therein of the approximate amount of moneys proposed 1418 to be expended; the assessments to be levied thereunder; and the 1419 general details of the proposed marketing order for a special 1420 marketing campaign of advertising or sales promotion or market 1421 or product research and development. Among the details so 1422 specified shall be the period of time during which the 1423 assessment imposed pursuant to subsection (8) will be levied 1424 upon the privilege so assessed, which period may not be greater 1425 than 2 years. The order may, however, provide that the 1426 expenditure of the funds received from the imposition of such 1427 assessments shall not be so confined,but may be expended during 1428 such time or times as shall be specified in the proposed 1429 marketing order, which may be either during the shipping season 1430 immediately preceding the shipping seasons during which such 1431 assessments are imposed or during, or at any time subsequent to, 1432 the shipping seasons during which such assessments are imposed. 1433 This section does notNothing herein shall be construed to1434 prevent the imposition of a subsequent marketing ordereither1435 before, during, or after the expenditure of funds collected 1436 underpursuant toa previously imposed marketing order, provided 1437 the aggregate of the assessments imposed may not exceed the 1438 maximum permitted under subsection (8). 1439 (4) The department mayof Citrus is authorized toprescribe 1440 such procedures as it deems necessary properly to conduct a 1441 referendum among handlers covered by the marketing order to 1442 determine whether such marketing order has been so assented to. 1443 (5)(a) Any marketing order adopted underpursuant tothis 1444 section and subsequently approved by referendum as provided in 1445 this sectionhereinshall take effectbecome effective15 days 1446 after referendum approval is officially determined by the 1447 commission. Chapter 120 does not apply to this section. Any such 1448 marketing order isshall bereviewable by any person adversely 1449 affected, by certiorari to the district courts of appeal in the 1450 manner prescribed by the Florida Rules of Appellate Procedure. 1451 The venue of the proceeding for such review shall be the 1452 appellate district thatwhichincludes the county in which the 1453 hearings were conducted or, if the venue cannot bethus1454 determined, the appellate district in whichwhereinthe 1455 department’sDepartment of Citrusexecutive offices are located. 1456 (8)(a) Each person who, during the periodof timespecified 1457 in any marketing order implemented underpursuant tothis 1458 section, first handles in the primary channel of trade in the 1459 stateFloridaany citrus fruit or processed citrus product of 1460 the type, variety, and form specified in such marketing order 1461 shall, for the privilege of so handling such citrus fruit or 1462 such citrus product, pay to the departmentof Citrussuch 1463 assessments as are levied and imposed thereon by such marketing 1464 order, which funds shall be used by the departmentof Citrusto 1465 defray the necessary expenses incurred in the formation, 1466 issuance, administration, and enforcement of such marketing 1467 order and in the conduct of the special marketing campaign or 1468 market and product research and development provided for in such 1469 marketing order. However, such assessments levied and imposed 1470 under this section maypursuant hereto shall be at a ratenotto1471 exceed 8 cents per standard-packed box on citrus fruits in fresh 1472 form, 1.3 cents per gallon on single strength citrus juices or 1473 sections, or 1.3 cents per pound of soluble citrus solids on 1474 concentrated citrus juices. 1475 (b) The departmentof Citrusshall prescribe procedures for 1476 the assessment and collection of such funds to defray the 1477 necessary expenses incurred, or expected to be incurred, by the 1478 departmentof Citrusin the formation, issuance, administration, 1479 and enforcement of any marketing order implemented under 1480pursuant to the provisions ofthis section. 1481 (c) Every handler shall, at such times as the department 1482 may require, file with the departmentof Citrusa return, not 1483 under oath, on forms to be prescribed and furnished by the 1484 departmentof Citrus, certified as true and correct, stating the 1485 quantity of the type, variety, and form of citrus fruit or 1486 citrus product specified in the marketing order first handled in 1487 the primary channels of trade in the stateFloridaby such 1488 handler during the period of time specified in the marketing 1489 order. Such returns shall contain any further information deemed 1490 by the departmentof Citrusto be reasonably necessary to 1491 properly administer or enforcethe provisions ofthis section or 1492 any marketing order implemented under this sectionhereunder. 1493 Information that, if disclosed, would reveal a trade secret, as 1494 defined in s. 812.081, of any person subject to a marketing 1495 order is confidential and exempt fromthe provisions ofs. 1496 119.07(1). 1497 (d) All assessments imposed underand pursuant to the1498provisions ofthis section areshall bedue and payable and 1499 shall be paid by such handlers at such times and in such 1500 installments as the commission prescribesshall prescribein 1501 such marketing order, or the amount thereof shall be provided 1502 for and guaranteed by giving a surety bond or cash deposit or as 1503 the departmentof Citrus mayotherwise prescribesprescribe. 1504 (9)(a) All moneys collected by the departmentof Citrus1505 under this section shall be set aside in the Florida Citrus 1506 Advertising Trust Fund as a special fund to be known as the 1507 “Citrus Special Marketing Order Fund.” All moneys in such fund, 1508 after deducting the service charge provided in s. 601.15(7), are 1509herebyappropriated to the departmentof Citrusfor the actual 1510 expenses incurred by the department forof Citrus with respect1511tothe formulation, issuance, administration, and enforcement of 1512 any marketing order so implemented and in the conduct of the 1513 special marketing campaign or market and product research and 1514 development to be carried out pursuant to any such marketing 1515 order so implemented. Upon the completion of the special 1516 marketing campaign or market and product research and 1517 development provided for pursuant to any marketing order so 1518 implementedhereunder, any and all moneys remaining and not 1519 required by the departmentof Citrusto defray the expenses of 1520 such marketing order shall be deposited to and made a part of 1521 the Florida Citrus Advertising Trust Fund created by s. 601.15. 1522 (b) If the departmentof Citrusfinds it necessaryto do1523so, the departmentitmay transfer to the Citrus Special 1524 Marketing Order Fund from any other portion of the Florida 1525 Citrus Advertising Trust Fund, including the Emergency Reserve 1526 Fund and any other special or reserve fund, such sum of money as 1527 the departmentof Citrusdetermines is initially required to 1528 formulate, issue, administer, and enforce any such marketing 1529 order and conduct the special marketing campaign or market and 1530 product research and development to be carried out pursuant to 1531 such marketing order until moneys in the Citrus Special 1532 Marketing Order Fund derived from assessments imposed and 1533 collected pursuant to this section are sufficient for such 1534 purposes,and thereafter repay such advance out of the Citrus 1535 Special Marketing Order Fund. 1536 (10)(a) Any handler who fails to file a return or to pay 1537 any assessment within the time required shall thereby forfeit to 1538 the departmentof Citrusa penalty of 5 percent of the amount of 1539 assessment then due,;but the departmentof Citrus, upon good 1540 cause shown, may waive all or any part of such penalty. Such 1541 penalty shall be paid to the departmentof Citrusand disposed 1542 of as provided with respect to moneys derived from the 1543 assessments imposed underpursuant tothis section. 1544 (b) The departmentof Citrusmay collect the assessments 1545 imposed underpursuant tothis section by anyin either or all1546 of the following methods: 1547 1. The voluntary payment by the handler liable therefor.;1548 2. By a suit at law.;1549 3. By a suit in equity to enjoin and restrain any handler 1550 owing such assessments from operating his or her business or 1551 engaging in business as a citrus fruit dealer until the 1552 delinquent assessments are paid. Such action may include an 1553 accounting to determine the amount of assessments plus 1554 delinquencies due. In any such proceeding, it shall not be 1555 necessary to allege or prove that an adequate remedy at law does 1556 not exist. 1557 (11) This section shall be liberally construed to 1558 effectuate the purposes set forth and as additional and 1559 supplemental powers vested in the departmentof Citrusunder the 1560 police power of this state. 1561 Section 20. Section 601.155, Florida Statutes, is amended 1562 to read: 1563 601.155 Equalizing assessmentexcise tax; credit; 1564 exemption.— 1565 (1) The first person who exercises in this state the 1566 privilege of processing, reprocessing, blending, or mixing 1567 processed orange products or processed grapefruit products or 1568 the privilege of packaging or repackaging processed orange 1569 products or processed grapefruit products into retail or 1570 institutional size containers or, except as provided in 1571 subsection (9) or except if an assessmenta taxis levied and 1572 collected on the exercise of one of the foregoing privileges, 1573 the first person having title to or possession of any processed 1574 orange product or any processed grapefruit product who exercises 1575 the privilege in this state of storing such product or removing 1576 any portion of such product from the original container in which 1577 it arrived in this state for purposes other than official 1578 inspection or direct consumption by the consumer and not for 1579 resale shall be assessed and shall pay an assessmentexcise tax1580 upon the exercise of such privilege at the rate described in 1581 subsection (2). 1582 (2) Upon the exercise of any privilege described in 1583 subsection (1), the assessmentexcise taxlevied by this section 1584 shall be at the same rate per box of oranges or grapefruit 1585 utilized in the initial production of the processed citrus 1586 products so handled as that imposed, at the time of exercise of 1587 the assessabletaxableprivilege, by s. 601.15 per box of 1588 oranges. 1589 (3) For the purposes of this section, the number of boxes 1590 of oranges or grapefruit utilized in the initial production of 1591 processed citrus products subject to the assessabletaxable1592 privilege shall be: 1593 (a) The actual number of boxes so utilized, if known and 1594 verified in accordance with departmentof Citrusrules; or 1595 (b) An equivalent number established by departmentof1596Citrusrule which, on the basis of existing data, reasonably 1597 equates to the quantity of citrus contained in the product, when 1598 the actual number of boxes so utilized is not known or properly 1599 verified. 1600 (4) For purposes of this section: 1601 (a) “Processed orange products” means products for human 1602 consumption consisting of 20 percent or more single strength 1603 equivalent orange juice; orange sections, segments, or edible 1604 components; or whole peeled fruit. 1605 (b) “Processed grapefruit products” means products for 1606 human consumption consisting of 20 percent or more single 1607 strength equivalent grapefruit juice; grapefruit sections, 1608 segments, or edible components; or whole peeled fruit. 1609 (c) “Original container” includes any vessel, tanker or 1610 tank car, or other transport vehicle. 1611 (d) “Retail or institutional container” means a container 1612 having a capacity of 10 gallons or less. 1613 (5) Products made in whole or in part from citrus fruit on 1614 which an equivalent assessmenttaxis levied pursuant to s. 1615 601.15 are exempt from the assessmenttaximposed by this 1616 section. In the case of products made in part from citrus fruit 1617 exempt from the assessmenttaximposed by this section, it shall 1618 be the burden of the persons liable for the assessmentexcise1619taxto show the departmentof Citrus, through competent 1620 evidence, proof of that part which is not subject to an 1621 assessablea taxableprivilege. 1622 (6) Every person liable for the assessmentexcise tax1623 imposed by this section shall keep a complete and accurate 1624 record of the receipt, storage, handling, exercise of any 1625 assessabletaxableprivilege under this section, and shipment of 1626 all products subject to the assessmenttaximposed by this 1627 section. Such record shall be preserved for a period of 1 year 1628 and shall be offered for inspection upon oral or written request 1629 by the departmentof Citrusor its duly authorized agent. 1630 (7) Every person liable for the assessmentexcise tax1631 imposed by this section shall, at such times and in such manner 1632 as the departmentof Citrusmay by rule require, file with the 1633 departmentof Citrusa return, certified as true and correct, on 1634 forms to be prescribed and furnished by the departmentof1635Citrus, stating, in addition to other information reasonably 1636 required by the departmentof Citrus, the number of units of 1637 processed orange or grapefruit products subject to this section 1638 upon which any assessabletaxableprivilege under this section 1639 was exercised during the period of time covered by the return. 1640 Full payment of assessmentsexcise taxesdue for the period 1641 reported shall accompany each return. 1642 (8) All assessmentstaxeslevied and imposed by this 1643 section shall be due and payable within 61 days after the first 1644 of the assessabletaxableprivileges is exercised in this state. 1645 Periodic payment of the assessmentsexcise taxesimposed by this 1646 section by the person first exercising the assessabletaxable1647 privileges and liable for such payment shall be permitted only 1648 in accordance with departmentof Citrusrules, and the payment 1649 thereof shall be guaranteed by the posting of an appropriate 1650 certificate of deposit, approved surety bond, letter of credit 1651 from an issuing bank located in the United States, or cash 1652 deposit in an amount and manner as prescribed by the department 1653of Citrus. 1654 (9) When any processed orange or grapefruit product is 1655 stored or removed from its original container as provided in 1656 subsection (1), the equalizing assessmentexcise taxis levied 1657 on such storage or removal, and such product is subsequently 1658 shipped out of the state in a vessel, tanker or tank car, or 1659 container having a capacity greater than 10 gallons, the person 1660 who is liable for the assessmenttaxshall be entitled to an 1661 assessmenta taxrefund, if such assessmenttaxhas been paid, 1662 or to an assessmenta taxcredit, provided she or he can provide 1663 satisfactory proof that such product has been shipped out of the 1664 state and that no privilege assessabletaxableunder subsection 1665 (1) other than storage or removal from the original container 1666 was exercised beforeprior tosuch shipment out of the state. 1667 (10) Notwithstanding anyotherprovision of law, the 1668 departmentof Citrusshall develop a process by which any person 1669 liable for the assessmentexcise taximposed under this section 1670 may annually object to payment of the assessmenttax. Any such 1671 objection must be allowed without discretion as to the validity 1672 thereof, and that person shall be granted the immediate right to 1673 elect not to pay two-thirds of the applicable assessmenttax1674rate. The departmentof Citrusmay not expend any of the 1675 remaining one-third of the applicable assessmenttax rateon any 1676 advertising, marketing, or public relations activities to which 1677 any person liable for the assessmentexcise taximposed under 1678 this section objects; however, such funds may be used for 1679 research, administrative, and regulatory activities. Effective 1680 July 1, 2004, upon any necessary legislative appropriation of 1681 moneys due under the settlement agreement of Consolidated Case 1682 No. 2002-CA-4686 in the Circuit Court of the Tenth Judicial 1683 Circuit in Polk County, the plaintiffs shall agree to the 1684 dismissal of their claim under the foreign commerce clause with 1685 prejudice. 1686 (11) All assessmentsexcise taxeslevied and collected 1687 underthe provisions ofthis section, including penalties, shall 1688 be paid into the State Treasury to be made a part of the Florida 1689 Citrus Advertising Trust Fund in the same manner, for the same 1690 purposes, and in the same proportions as set forth in s. 1691 601.15(7). Any person failing to file a return or pay any 1692 assessment within the time required shall thereby forfeit to the 1693 departmentof Citrusa penalty of 5 percent of the amount of 1694 assessment then due,;but the departmentof Citrus, on good 1695 cause shown, may waive all or any part of such penalty. 1696 (12) This section shall be liberally construed to 1697 effectuate the purposes set forth and as additional and 1698 supplemental powers vested in the departmentof Citrusunder the 1699 police power of this state. 1700 Section 21. Section 601.24, Florida Statutes, is amended to 1701 read: 1702 601.24 Department of Citrus to prescribe methods of testing 1703 and grading.—The departmentof Citrusshall adopt rules 1704 providingby rule or regulation providethe manner and method to 1705 be used in drawing samples and the quantity to be used in 1706 testing and grading of citrus fruit and the canned and 1707 concentrated products thereof and shall provide specifications 1708 and methods for use of juice extractors to be used in extracting 1709 juice for such tests and grading purposes. 1710 Section 22. Section 601.25, Florida Statutes, is amended to 1711 read: 1712 601.25 Determination of soluble solids and acid.—The 1713 departmentof Citrus by rule or regulationshall adopt rules 1714 determiningdeterminethe method by which juice is tested for 1715 percentage of total soluble solids, the method by which juice is 1716 tested for acidity, and the method for testing fruit for juice 1717 content. Untilsuch time asthe department determinesof Citrus1718may see fit to determinesuch method by ruleor regulation, the 1719 Brix hydrometer shall be used and the reading of the hydrometer 1720 corrected for temperature shall be considered as the percent of 1721 the total soluble solids,;and anhydrous citric acid shall be 1722 determined by titration of the juice using standard alkali and 1723 phenolphthalein as indicator, the total acidity being calculated 1724 as anhydrous citric acid. 1725 Section 23. Subsections (5) and (7) of section 601.28, 1726 Florida Statutes, are amended to read: 1727 601.28 Inspection fees.— 1728 (5) The Department of Agriculture mayshall have the power1729toadopt rules providing for the imposition of special fees for 1730 inspections conducted during hours not contemplated by regular 1731 state work hours. TheSuchrules shall prescribe circumstances 1732 under which the fees levied pursuant to paragraphs (1)(a) and 1733 (b) would not apply and the fees imposed pursuant to such rules 1734 would apply. The rules shall requireprovidethat suchsaidfees 1735shallbe levied when specifically actuated by contract between 1736 the Department of Agriculture and persons liable for the fees 1737 created by this subsection. The rules mayshallnot authorize 1738allowfees that exceedto be charged which are in excess ofthe 1739 Department of Agriculture’sdepartment’sactual cost of the 1740 inspection to be made, nor mayshallsuch fees be less than 1741 those imposed by paragraphs (1)(a) and (b). 1742 (7) The duties of the Department of Agricultureand1743Consumer Servicesshall include the duty to conduct hearings, 1744 through a hearing officer who shall be an attorney authorized to 1745 practice law within this state, on violations of this section 1746 and rules adoptedpromulgatedthereunder. TheSaidhearing 1747 officer shall be selected by the Commissioner of Agriculture and 1748 shall be in addition to her or his regular legal staff 1749 authorized by law. TheSaidhearing officer shall, in addition 1750 to conducting such hearings, be available to the Division of 1751 Fruit and Vegetables for other legal services on matters 1752 pertaining to violations of this chapter and rules adopted 1753promulgatedthereunder. 1754 Section 24. Section 601.31, Florida Statutes, is amended to 1755 read: 1756 601.31 Citrus inspectors; employment.—The Department of 1757 Agriculture may in each year employ as many citrus fruit 1758 inspectors for such period or periods, not exceeding 1 year, as 1759 thesaidDepartment of Agriculture shall deem necessary for the 1760 effective enforcement of the citrus fruit laws of this state. 1761 All persons authorized to inspect and certify to the maturity 1762 and grade of citrus fruit shall be governed in the discharge of 1763 their duties as such inspectors by the provisions of law and by 1764 the rules adoptedand regulations prescribedby the Department 1765 of Citrus and the Department of Agriculture and shall perform 1766 their duties under the direction and supervision of the 1767 Department of Agriculture. All citrus inspectors appointed for 1768 the enforcement of this chapter shall be persons who are duly 1769 licensed or certified by the United States Department of 1770 Agriculture as citrus fruit inspectors. 1771 Section 25. Section 601.32, Florida Statutes, is amended to 1772 read: 1773 601.32 Compensation of inspectors.—The salaries of the 1774 chief citrus inspector, the chief laboratory inspector, the 1775 district supervising inspectors, the junior and senior 1776 inspectors, and all other necessary inspectors shall be in the 1777 amount as determined and fixed by the Department of Agriculture, 1778 and,in addition thereto, each such inspectorof said inspectors1779 shall be reimbursed for travel expenses as provided in s. 1780 112.061, which shall be paid upon approval of accounts therefor 1781 by the Department of Agriculture. The Department of Agriculture 1782 may employ such additional field and other agents and clerical 1783 assistance at such times and for such periods and incur and pay 1784 any other expenses, including travel expenses, as provided in s. 1785 112.061, of the Department of Agriculture during the citrus 1786 fruit season, as may be necessary for the effective enforcement 1787 of the citrus fruit laws of this state and of the rules 1788regulationsof the Department of Citrus and ensureassurethe 1789 payments of the inspection fees imposed or that may be imposed 1790 under the authority of law. 1791 Section 26. Section 601.33, Florida Statutes, is amended to 1792 read: 1793 601.33 Interference with inspectors.—AIt is unlawful for1794anyperson may nottoobstruct, hinder, resist, interfere with, 1795 or attempt to obstruct, hinder, resist, or interfere with any 1796 authorized inspector in the discharge of any duty imposed upon 1797 or required of her or him by the provisions of law or by any 1798 rule adoptedor regulation prescribedby the Department of 1799 Citrus or the Department of Agriculture, ortochange or attempt 1800 to change any instrument, substance, article, or fluid used by 1801 such inspector or emergency inspector in making tests of citrus 1802 fruit or the canned or concentrated products thereof. 1803 Section 27. Section 601.34, Florida Statutes, is amended to 1804 read: 1805 601.34 Duties of law enforcement officers.—Each state or 1806 county law enforcement officer shall make arrests for violations 1807 of the citrus fruit laws of this state or of any rule,1808regulation,or order ofpromulgated bythe commission or the 1809 Department of Agricultureand Consumer Servicesunder authority 1810 of law when notified of such violation by the Department of 1811 Agriculture or its duly authorized agent or representative. 1812 Section 28. Section 601.35, Florida Statutes, is amended to 1813 read: 1814 601.35 Disputes as to quality, etc.; procedure.—When any 1815 dispute as to quality, grade, or condition of citrus fruit or 1816 the canned or concentrated products thereof arises, the shipper 1817 or any financially interested person may call in at his, her, or 1818 its expense an inspector licensed or certified only by the 1819 United States Department of Agriculture to inspect such citrus 1820 fruit or its canned or concentrated products. Such inspector 1821 shall issue a regular official certificate to the applicant 1822 showing the quality, grade, and condition thereof, and,in all 1823 cases, such certificate shall be prima facie evidence. If such 1824 certificate shows that the citrus fruit or the canned or 1825 concentrated products thereof conformstherein-mentioned and1826described to conformto the requirementsprovisionsof this 1827 chapter and the rules, regulations,or orders of the Department 1828 of Citrus and of the Department of Agriculture, such shipper or 1829 such financially interested person may present the original 1830 certificate to the person or representative of the person having 1831 charge of the vehicle of transportation by which such citrus 1832 fruit or the canned or concentrated products thereof areisto 1833 be transported, which person or representative shall then accept 1834 such citrus fruit or the canned or concentrated products thereof 1835 for shipment provided that all other provisions of this chapter 1836 and of the rules, regulations,and orders of the Department of 1837 Citrus and of the Department of Agriculture have been met and 1838 complied with. 1839 Section 29. Section 601.37, Florida Statutes, is amended to 1840 read: 1841 601.37 Unlawful acts of inspectors.—AnIt is unlawful for1842anyauthorized inspector may nottomake or deliver a 1843 certificate of inspection and maturity and quality of any citrus 1844 fruit or the canned or concentrated products thereof upon which 1845 the inspection fees and advertising assessmentstaxeshave not 1846 been paid or the payment thereof guaranteed, ortomake or issue 1847 any false certificate as to inspection, maturity, quality, or 1848 payment of inspection fees. 1849 Section 30. Section 601.38, Florida Statutes, is amended to 1850 read: 1851 601.38 Citrus inspectors; authority.—For the purpose of 1852 enforcingthe provisions ofthe citrus fruit laws of this state, 1853 as well as rulesthe regulationsof the departmentof Citrus, 1854 citrus fruit inspectors may enter into any packinghouse,or1855 canning plant, or concentrating plant at any hour of day or 1856 night and have and demand access and admission to any enclosed 1857 portion of suchsaidpackinghouse, canning plant, or 1858 concentrating plant. SuchSaidcitrus fruit inspectors may also 1859 inspect all packinghouse or canning plant records pertaining to 1860 receipts from groves and to details of receiving, handling, 1861 running, processing, packing, or canning citrus fruit. 1862 Section 31. Section 601.40, Florida Statutes, is amended to 1863 read: 1864 601.40 Registration of citrus packinghouses, processing 1865 plants with Department of Agriculture.—The owner, manager, or 1866 operator of each packinghouse, canning plant, or concentrating 1867 plant,at which it is intended to pack, can, concentrate, or 1868 prepare citrus fruit for market or transportation during the 1869 then-present or the next ensuing citrus fruit shipping season,1870 shall register such packinghouse, canning plant, or 1871 concentrating plant and its location, shipping point, and post 1872 office with the Department of Agriculture at leastnot less than1873 10 days before packing, canning, concentrating, or otherwise 1874 preparing any citrus fruit or the canned or concentrated 1875 products thereof for sale or transportation in or at such 1876 packinghouse, canning plant, or concentrating plant,;and she or 1877 he shall, in addition to such registration, give thesaid1878 Department of Agriculture at leastnot less than7 days’ written 1879 notice of the date on which packing, canning, concentrating, or 1880 other preparation for sale or transportation of citrus fruit of 1881 the then-current or the next ensuing season’s crop will beginbe1882begun. The Department of Agriculture shall issue a certificate 1883 of registration to each such packinghouse, canning plant, or 1884 concentrating plant registering.; provided,However,that no1885 such certificate of registration may notshallbe issued to any 1886 packinghouse, canning plant, or concentrating plant unless the 1887 operator thereof hasshall have firstapplied for and received 1888 her or his license as a citrus fruit dealer and furnished a bond 1889 as such citrus fruit dealer in accordance with law. 1890 Section 32. Section 601.43, Florida Statutes, is amended to 1891 read: 1892 601.43 Immature and unfit citrus fruit; individual 1893 sampling.—Any oranges, grapefruit,andtangerines,not1894conforming to the minimum maturity requirements set forth in1895this chapterandanycitrus hybrids not conforming to the 1896 minimum maturity requirements set forth in department rules are 1897of Citrus regulations shall bedeemed and held to be immature 1898 and unfit for human consumption. In the testing of fruit to 1899 determine whether the same conforms to such requirements, any 1900 inspector hasshall havethe right and authority to test the 1901 individual fruit in any given sample of fruit drawn in the 1902 number and by the manner as prescribed byregulations of the1903 department rulesof Citrus. If, uponthetestingofthe juice of 1904saidindividual fruit in any sample, more than 10 percent of 1905 suchsaidindividual fruitshallfail by more than one-half 1906 percentage point to meet the minimum ratio of total soluble 1907 solids to anhydrous citric acid thatwhichis required for such 1908 fruit,thenall of the fruit in the lot from which thesaid1909 sample was drawn isshall bedeemed and shall be held to be 1910 immature and unfit for human consumption. 1911 Section 33. Section 601.44, Florida Statutes, is amended to 1912 read: 1913 601.44 Destruction of immature fruit.—All citrus fruit or 1914 processed citrus products prepared for sale or transportation, 1915 that arewhich isbeing prepared for such purpose, or that have 1916which hasbeen or areisbeing delivered for sale or 1917 transportation that may be found immature or otherwise unfit for 1918 human consumption upon inspection and testing shall be seized 1919 and destroyed by a citrus fruit inspector or the sheriff of the 1920 county where found as may be provided byregulations prescribed1921by thedepartment rulesof Citrus. SuchSaiddetermination of 1922 immaturity or unfitness for human consumption may be made by a 1923 citrus fruit inspector at any place where such citrus fruit may 1924 be found after severance from the tree, and such seizure and 1925 destruction may likewise occur at any such place. However, in 1926 the event of seizure of citrus fruit upon the grounds that such 1927 citrus fruit fails to show a break in color required by this 1928 chapter or department rulesof Citrus regulationsfor that 1929 particular variety of citrus fruit, the owner or person in 1930 charge of such citrus fruit shall be allowed to separate and 1931 retain for subsequent use, in accordance withthe provisions of1932 this chapter or department rulesof Citrus regulations, that 1933 portion of such citrus fruit which shows a break in color 1934 required by this chapter or department rulesof Citrus1935regulationsfor that particular variety, and,in such case, only 1936 that portion thereof which fails to show a break in color for 1937 such variety, as required by this chapter or department rulesof1938Citrus regulations, shall be destroyed by a citrus fruit 1939 inspector or the sheriff of the county, as may be prescribed by 1940regulations of thedepartment rulesof Citrus. 1941 Section 34. Section 601.45, Florida Statutes, is amended to 1942 read: 1943 601.45 Grading of fresh citrus fruit.— 1944 (1) All citrus fruit, except as provided in s. 601.50, sold 1945 or shipped, or offered for sale or shipment, for consumption in 1946 fresh form shall be graded in a registered packinghouse in this 1947 state according to standards established by the departmentof1948Citrus, and the grade of such fruit shall be indicated as 1949hereinafterprovided in this section. 1950 (2) Fresh citrus fruit being transported in bulk form shall 1951 have stamped upon such fruit, subject to department rules: 1952 (a) The actual grade thereof; or 1953 (b) Brands or trademarks properly registered with the 1954 department to represent state or U.S. grades, as provided in 1955 subsection (4). 1956 (3) For fresh citrus fruit being transported when packed in 1957 a closed container approved or otherwise authorized by the 1958 departmentof Citrus, it shall be sufficient if the closed 1959 container has the grade indicated thereon, in accordance with 1960 department rules, by: 1961 (a) Stamping the grade of the fruit on the container; or 1962 (b) Use of labels, brands, or trademarks properly 1963 registered with the department to represent state or U.S. 1964 grades, as provided in subsection (4). 1965 (4) In accordance with such rules as the departmentof1966Citrusmay prescribe, licensed citrus fruit dealers in this 1967 state areshall beentitled to register labels, brands, or 1968 trademarks for grade identification purposes. The department 1969 shall maintain a record of all labels, brands, or trademarks 1970 registered for grade identification purposes, which record may 1971 be purged as necessary. 1972 Section 35. Subsection (1) of section 601.46, Florida 1973 Statutes, is amended to read: 1974 601.46 Condition precedent to sale of citrus fruit.— 1975 (1) It is unlawful, except as provided in s. 601.50, for 1976 any person to sell or offer for sale,totransport, prepare, 1977 receive, or deliver for transportation or market any citrus 1978 fruit in fresh form unless such fruit has matured in accordance 1979 with the maturity standards and is accompanied by a certificate 1980 of inspection and maturity thereof issued by a duly authorized 1981 citrus fruit inspector of the Department of Agricultureand1982Consumer Services. However, the Department of Citrus may adopt 1983 rules providingby regulation providethat, in lieu of the 1984 accompaniment of such shipment by a certificate of inspection 1985 and maturity, the fact of such inspection may be shown by 1986 appropriate means on the manifest or bill of lading covering 1987 such shipment. 1988 Section 36. Section 601.49, Florida Statutes, is amended to 1989 read: 1990 601.49 Condition precedent to selling processed citrus 1991 products.—AIt is unlawful for anyperson, except as provided in 1992 s. 601.50, may nottosell or offer for sale,totransport, 1993 receive, or deliver for transportation,or market any canned or 1994 concentrated products of citrus fruits unless such products have 1995the same hasbeen inspected and areisaccompanied by a 1996 certificate of inspection issued by a duly authorized inspector 1997 of the Department of Agriculture., provided,However,that the1998Department of Citrus shall by regulation provide thatin lieu of 1999the accompaniment of such shipment bya certificate of 2000 inspection, proofthe factof such inspection may be shown, 2001 pursuant to rules adopted by the Department of Citrus, by 2002 appropriate means on the manifest or bill of lading covering 2003 such shipment. 2004 Section 37. Section 601.50, Florida Statutes, is amended to 2005 read: 2006 601.50 Exemptions; sale or shipment of citrus or citrus 2007 products for certain purposes.— 2008 (1) NotwithstandingIrrespective of the provisions ofss. 2009 601.45, 601.46, 601.48, 601.49, 601.51, and 601.52, the 2010 department may adoptof Citrus undersuch precautionary rules 2011 thatand regulations asit deemsmay deemexpedient tomay2012 permit the sale or shipment of citrus fruit or the canned or 2013 concentrated products thereof without the issuance of and filing 2014 of an inspection certificate and without the grade being shown 2015 on the container thereof, of: 2016 (a)(1)Intrastate shipments of fresh citrus fruit for 2017 consumption or use within the state.;2018 (b)(2)Shipments to be used for charitable or unemployment 2019 relief purposes.;2020 (c)(3)Shipments to the United States Government or any of 2021 its agencies and interstate shipments to any packinghouse, 2022 canning plant, or concentrate plant for commercial processing, 2023 as may be defined by the department,of Citrus;or to fresh 2024 fruit juice distributors outside the state.;2025 (d)(4)Shipments by any method of transportation by “gift 2026 fruit shippers,” as defined by the departmentof Citrus, but 2027 such shipments shall not be for the purpose of resale by the 2028 consignee thereof.; but, provided2029 (2) Howeverthat, anynosuch rule adopted under this 2030 section may notor regulation issued hereunder shallpermit or 2031 allow the sale or shipment of citrus fruit deemed by this 2032 section to be immature and unfit for human consumption ornorof 2033 canned or concentrated products thereof prepared or made from 2034 citrus fruit deemed by this law to be immature and unfit for 2035 human consumption. In addition; but,provided further, that2036 shipments under paragraphs (1)(a) and (d) mustsubsections (1)2037and (4) shallmeet such minimum grade standards as may 2038 periodically, from time to time,be established by the 2039 department,of Citrus;and,provided further thatsuch rules 2040 mustand regulations shallprovide for the due collection of any 2041 advertising assessmentstaxesand inspection fees that may be 2042 due thereon. 2043 Section 38. Section 601.501, Florida Statutes, is amended 2044 to read: 2045 601.501 Charitable shipments exempt from assessmentstax2046exempt.—Shipments of citrus fruit when permitted under s. 601.50 2047 for charitable purposes areshall beexempt from all advertising 2048 assessmentstaxes. 2049 Section 39. Section 601.51, Florida Statutes, is amended to 2050 read: 2051 601.51 Certification required for shipment of citrus fruit 2052 or products.— 2053 (1) A person, including aNocommon carrier or other 2054 carrier, may not:or person,2055 (a) Except as provided in s. 601.50,shallaccept for 2056 shipment, ship, or transport any citrus fruit or the canned or 2057 concentrated products thereof until a grade certificate is 2058 issued showing the grade thereof, which certificate or a 2059 duplicate thereof mustshallbe filed with the carrier at the 2060 point of shipment., nor shall any common carrier or other2061carrier or person2062 (b) Accept for shipment or ship any citrus fruit or the 2063 canned or concentrated products thereof where written notice has 2064 been given to such person, common carrier, or other carrieror2065person, or her or his representative or agent, by the Department 2066 of Agriculture or its authorized agent, employee, or inspector 2067 that suchsaidcitrus fruit or the canned or concentrated 2068 products thereof dodoesnot comply with the provisions of law 2069 ortherules adoptedand regulations promulgatedby the 2070 Department of Citrus or the Department of Agriculture.;2071 (2)(a) Aprovided that theshipper or handler of such 2072 citrus fruit or the canned or concentrated products thereof has 2073shall havethe privilege of repacking or remarking, andthat,if 2074 or when such citrus fruit or the canned or concentrated products 2075 thereof arethe same shall have beenrepacked or remarked to 2076 conform to the provisions of law orsaidrules, regulations,or 2077 orders ofpromulgated bythe Department of Citrus or the 2078 Department of Agriculture, the Department of Agriculture or its 2079 authorized inspector or agent shall notify such person,said2080 common carrier, or other carrieror person, or her or his agent, 2081 that such citrus fruit or the canned or concentrated products 2082 thereof may be accepted for shipment, and such shipper or 2083 handler isshallnotbeconsidered as having violated this 2084 chapter or suchsaidrules, regulations,or orders., but2085provided further that this section shall be deemed to have been2086complied with2087 (b) If atheshipper conformsshall have conformedto the 2088 rules adoptedregulations issuedby the Department of Citrus 2089 underthe provisions ofs. 601.49, the shipper is deemed to have 2090 complied with this section. 2091 Section 40. Section 601.52, Florida Statutes, is amended to 2092 read: 2093 601.52 Carriers not to accept fruit withoutunless same2094bearsevidence of payment of assessments and feesexcise taxes. 2095 ANocommon carrier or other carrier or person, except as 2096 provided in s. 601.50, may notshallaccept for shipment, ship, 2097 or transport any citrus fruit or processed citrus products 2098 unless the grade certificate, manifest, or bill of lading 2099 covering suchsaidcitrus fruit or processed citrus products 2100 bears evidence of the payment, as provided by law, of thetaxes,2101 assessments,and fees imposed by this chapter. 2102 Section 41. Subsection (1) of section 601.54, Florida 2103 Statutes, is amended to read: 2104 601.54 Seizure of unwholesome fruit by Department of 2105 Agriculture’s agents.— 2106 (1) The Department of Agriculture or its duly authorized 2107 inspectors shall seize and destroy all citrus fruit found by the 2108saidDepartment of Agriculture or inspectors to be unwholesome 2109 or decomposed so that it is unfit for canning or concentrating 2110 purposes as defined by law or by any rule adopted byregulation2111ofthe Department of Citrus underpursuant to authority given in2112 this chapter, and,in the event any inspector findsshall find2113 that any canner or concentrator is canning or concentrating 2114 fruit prohibited to be used, she or he may seize and destroy not 2115 only such fresh fruit found in the canning or concentrating 2116 plant but also citrus fruit or juice in the process of being 2117 canned or concentrated or thatwhichhas been canned or 2118 concentrated from the same lot or shipment wherein the fresh 2119 fruit is found by suchsaidinspector to be subject to seizure 2120 underthe provisions ofthis section. 2121 Section 42. Subsection (3) of section 601.55, Florida 2122 Statutes, is amended to read: 2123 601.55 Citrus fruit dealer; license required.— 2124 (3) An applicant isshall belimited to the filing of one 2125 application for each citrus shipping season, which application 2126 may be amended if necessary to comply with the requirements of 2127 this chapter andregulations of thedepartment rulesof Citrus. 2128 Section 43. Section 601.56, Florida Statutes, is amended to 2129 read: 2130 601.56 Application for dealers’ licenses; requirements.—Any 2131 person desiring to engage in the business of a citrus fruit 2132 dealer in the state must applyshall make applicationto the 2133 departmentof Citrusfor a license. The departmentof Citrus2134 shall adopt rules prescribingby regulation prescribethe 2135 information to be contained in such application. 2136 (1) All such applications, in addition to other information 2137 thatwhichmay be prescribed by the departmentof Citrus, must 2138 contain the following information: 2139 (a) Name and address of the individual, firm, partnership, 2140 association, corporation, or other business unit applying for a 2141 license.;2142 (b) Names and addresses of the principal stockholders, 2143 officers, partners, or other individuals belonging to or 2144 connected with the applicant if the applicant for a license is a 2145 firm, partnership, association, corporation, or other business 2146 unit, whether it be for profit or otherwise.;2147 (c) The length of time the applicant has been engaged in 2148 the citrus fruit business in the stateFloridain any manner 2149 whatsoever.;2150 (d) A statement of delinquent accounts, if any, growing out 2151 of the ordinary course of business with producers., if any there2152be;2153 (e) A financial statement of the applicant, if required by 2154 the departmentof Citrus, showing such information as the 2155 departmentof Citrusmay prescribe regarding the financial 2156 conditions of the applicant.;2157 (f) Whether or not the applicant or any of its officers, 2158 directors, or stockholders have previously been licensed as a 2159 citrus fruit dealer,or connected with a licensed citrus fruit 2160 dealer in the state and, if so, the date all such licenses were 2161 obtained.; and2162 (g) The number of boxes of citrus fruit, measured in terms 2163 of standard-packed boxes, thatwhichthe applicant intends to 2164 deal with during the current or ensuing shipping season. 2165 (2) If the applicant is an individual and is shown to be a 2166 nonresident of the state,or is a copartnership and each member 2167 is shown to be a nonresident of the state,in either event,the 2168saidapplicant shall designate some bona fide resident of the 2169 state as such applicant’s resident agent upon whom process may 2170 be served. The service of process of any of the courts of this 2171 state upon such resident agent shall be as effectual and binding 2172 upon suchsaidapplicant as if personally served upon suchsaid2173 applicant. 2174 (3) If the applicant is a corporation,thensuch 2175 corporation must be one organized and existing under the laws of 2176 this state or having an unrevoked permit authorizing it to 2177 transact business in this state. 2178 (4) When a license application is submitted for a person or 2179 business entity thatwhichhas an unpaid balance due and owing 2180 the departmentof Citrusfor any citrus assessmentsexcise taxes2181 or delinquency fees levied and imposed under the authority of 2182 this chapter, the applicant shall be notified immediately by the 2183 department,;and such application mayshallnot be further 2184 processed or presented to the commission for action until such 2185 assessmentstaxesand fees are paid in full. However, any 2186 applicant whose assessmentstaxesare under review by the 2187 departmentof Citrusor are contested in the appropriate 2188 administrative agency or court shall not have its application 2189 denied solely on the basis of owed assessmentstaxesor fees,2190 until the matter is determined by the department, agency, or 2191 court. 2192 Section 44. Subsections (1), (6), and (7) of section 2193 601.57, Florida Statutes, are amended to read: 2194 601.57 Examination of application; approval of dealers’ 2195 licenses.— 2196 (1) The departmentof Citrusshall, within a reasonable 2197 time, examine the application and consider the information 2198 submitted therewith, including the applicant’s financial 2199 statement and the reputation of the applicant as shown by 2200 applicant’s past and current history and activities, including 2201 applicant’s method and manner of doing business. The department 2202of Citrusshall also consider the past history of any applicant, 2203 either individually or in connection with any individual, 2204 copartnership, corporation, association, or other business unit 2205 with whom any applicant hasshall havebeen connected in any 2206 capacity, and may in proper cases impute to any individual, 2207 corporation, copartnership, association, or other business unit 2208 liability for any wrong or unlawful act previously done or 2209 performed by such individual, corporation, copartnership, 2210 association, or other business unit. 2211 (6) The departmentof Citrusshall designate not more than 2212 three employees directly involved in the processing of citrus 2213 fruit dealer license applications, who shall be a part of, and 2214 shall have access to, the criminal justice information system 2215 described in chapter 943, for purposes of investigating license 2216 applicants. 2217 (7) The department may adopt rules establishingof Citrus2218is authorized to establish by rulethe procedure and guidelines 2219 for granting interim conditional staff approval for issuance of 2220 a conditional citrus fruit dealer’s license, which license shall 2221 at all times be subject to final approval or other action by the 2222 commission at its next regular meeting. Any license so issued 2223 shall clearly and conspicuously indicate thereon the conditional 2224 nature of the approval and pendency of final action. 2225 Section 45. Subsection (1) of section 601.58, Florida 2226 Statutes, is amended to read: 2227 601.58 Application approval or disapproval.— 2228 (1) Each citrus fruit dealer’s license application that 2229whichis approved, or approved subject to conditions, shall be 2230 forwarded immediately to the Department of Agricultureand2231Consumer Services, which shall, upon satisfaction of the stated 2232 conditions, if any are endorsed thereon, issue to the applicant 2233 an appropriate license as prescribed in s. 601.60. 2234 Section 46. Section 601.60, Florida Statutes, is amended to 2235 read: 2236 601.60 Issuance of dealers’ licenses.— 2237 (1) Whenever an application bears the approved endorsement 2238 of the Department of Citrus and satisfactions of conditions of 2239 approval, if any, and the applicant has paid the prescribed fee, 2240 the Department of Agricultureand Consumer Servicesshall issue 2241 to such applicant a license, as approved by the Department of 2242 Citrus, which shall entitle the licensee to do business as a 2243 citrus fruit dealer during the effective term of such license in 2244 accordance with s. 601.55 or, if applicable, until such license 2245 ismay besuspended or revoked by the Department of Agriculture 2246and Consumer Servicesin accordance withthe provisions oflaw. 2247 The Department of Agricultureand Consumer Servicesmay issue a 2248 provisional license for a period of no longer than 1 year to an 2249 applicant who is under investigation for an action that would 2250 constitute a violation of this chapter or has pending against 2251 such applicant an administrative or civil proceeding thatwhich2252 alleges an action that would constitute a violation of this 2253 chapter. The department shall establish by rule requirements for 2254 renewal of a provisional license. When the investigation is 2255 complete or the pending proceeding has been disposed of, the 2256 Department of Agriculture may issue a regular license under this 2257 section. 2258 (2) If, during the effective term of such license, there is 2259 any change in the ownership, officers, managership, or 2260 stockholders of any copartnership, association, corporation, or 2261 other business unit to which a license has been issued, the 2262 licensee shall immediately notify the Department of Citrus in 2263 writing specifying the change in detail. The Department of 2264 Citrus mayshall be entitled toreceive, and the licensee must 2265shall be required topromptly furnish, such additional 2266 information as if the licensee were applying for a new license. 2267 If, after investigating the facts and applying the standards 2268 prescribed for the issuance of new licenses, the commission 2269 finds that the licensee is not entitled to a citrus fruit 2270 dealer’s license, the commission shall recommend to the 2271 Department of Agricultureand Consumer Servicesthat such 2272 existing license be suspended or revoked, and,upon such 2273 recommendation, the Department of Agricultureand Consumer2274Servicesshall immediately take necessary steps to suspend or 2275 revoke such existing license. 2276 Section 47. Section 601.601, Florida Statutes, is amended 2277 to read: 2278 601.601 Registration of dealers’ agents.—EachEvery2279 licensed citrus fruit dealer shall: 2280 (1) Register with the Department of Agriculture eachand2281everyagent,as defined in s. 601.03(2),who is authorized to 2282 represent such dealer; applymake applicationfor registration 2283 of such agent or agents on a form approved by the Department of 2284 Agriculture and filed with the Department of Agriculture at 2285 leastnot less than5 days beforeprior tothe active 2286 participation of the agent or agents on behalf of such dealer in 2287 any transaction described in s. 601.03(2); and be held fully 2288 liable for and legally bound by all contracts and agreements, 2289 verbal or written, involving the consignment, purchase, or sale 2290 of citrus fruit executed by a duly registered agent on the 2291 dealer’s behalf during the entire period of valid registration 2292 of such agent the same as though such contracts or agreements 2293 were executed by the dealer. Registration of each agent shall be 2294 for the entire shipping season for which the applying dealer’s 2295 license is issued; however, a licensed dealer may cancel the 2296 registration of any agent registered by her or him by returning 2297 the agent’s identification card to the Department of Agriculture 2298 and giving formal written notice to the Department of 2299 Agriculture of at leastnot less than10 days. In addition, such 2300 dealer shall make every effort to alert the public to the fact 2301 that the agent is no longer authorized to represent her or him. 2302 An agent may be registered by more than one licensed dealer for 2303 the same shipping season, provided that each licensed dealer 2304 appliesshall applyindividually for registration of the agent 2305 and further provided that written consent is given by each and 2306 every dealer under whose license the agent has valid prior 2307 registration. 2308 (2) When theaboverequirements of subsection (1) and such 2309 additional requirementsas may beset forth by rulesregulations2310 adopted by the Department of Citrus for registration of an agent 2311 arehave beenmet and the fee required by s. 601.59(2) ishas2312beenpaid, the Department of Agriculture shall duly register the 2313 agent and issue an identification card certifying such 2314 registration. The identification card, among other things, shall 2315 show in a prominent manner: 2316 (a) The name and address of the agent.;2317 (b) The authorizing dealer’s name, address, and license 2318 number.;2319 (c) The effective date and season for which registration is 2320 made.;2321 (d)1. A space for signature of the agent.;2322 2. A space to be countersigned by the licensed dealer.;2323 3. A statement providing that the card is not valid unless 2324 so signed and countersigned. 2325 2326 The departmentof Citrusmay periodically, from time to time,2327 adopt, as necessary, additional requirements or conditions 2328 relating to the registration of agentsas may be necessary. 2329 Section 48. Section 601.61, Florida Statutes, is amended to 2330 read: 2331 601.61 Bond requirements of citrus fruit dealers.— 2332 (1)(a) Except ashereinafterprovided in this section, 2333 beforeprior tothe approval of a citrus fruit dealer’s license, 2334 the applicantthereformust deliver to the Department of 2335 Agricultureand Consumer Servicesa good and sufficient cash 2336 bond, an appropriate certificate of deposit, or a surety bond 2337 executed by the applicant as principal and by a surety company 2338 qualified to do business in this state as surety, in an amount 2339asdetermined by the Department of Citrus pursuant to rules 2340 adopted by the department under chapter 120. The rules shall 2341 allow the department to consider any of following factors for 2342 determining the amount of such bonds or certificates of deposit 2343amount of such bond or certificate of deposit shall be2344determined by taking into consideration any one or more of the2345following: the number of standard packed boxes of citrus fruit, 2346 or the equivalent thereof, thatwhichthe applicant intends to 2347 handle during the term of the license as set forth in the 2348 application; the total volume of fruit handled by the dealer the 2349 previous season; the highest month’s volume handled the previous 2350 season; the anticipated increase in the total citrus crop during 2351 the season for which the application for license is made; orand2352 other relevant factorsbased on the following schedule:2353(a) $1,000 up to 2,000 boxes;2354(b) $2,000 up to 5,000 boxes;2355(c) $3,750 up to 7,500 boxes;2356(d) $5,000 up to 10,000 boxes;2357(e) $10,000 up to 20,000 boxes;2358(f) $1,000 for each additional 20,000 boxes or fraction2359thereof in excess of 20,000 boxes, with a maximum bond of2360$100,000. 2361 (b) If a citrus fruit dealer during the term of her or his 2362 license finds that she or he has handled, or can reasonably 2363 expect to handle, a volume of fruit greater than that covered by 2364 a posted bond or certificate of deposit, the dealer hasshall2365havethe affirmative duty toofimmediately notifynotifyingthe 2366 Department of Agricultureand Consumer Servicesand initiate a 2367 review by the Department of Citrus to determine anyinitiating2368anincrease required in the amount of such bond or certificate 2369 of deposit to comply with the department’s rules for determining 2370 theanamount of such bonds or certificates of depositthat will2371meet the requirements set forth above. 2372 (2) SuchSaidbond shall be in the form approved by the 2373 Department of Agricultureand Consumer Servicesand shall be 2374 conditioned as provided in s. 601.66(9);, and alsoto fully 2375 comply with the terms and conditions of all contracts, verbal or 2376 written, made by the citrus fruit dealer with producers or with 2377 other citrus fruit dealers,relative to the purchasing, 2378 handling, sale, and accounting of purchases and sales of citrus 2379 fruit;, andupon the dealer’sdealeraccounting for the proceeds 2380 from, and paying for, any citrus fruit purchased or contracted 2381 for,in accordance with the terms of the contracts with 2382 producers;,and upon the dealer’sdealeraccounting for any 2383 advance payments or deposits made, and delivering all citrus 2384 fruit contracted for, in accordance with the terms of the 2385 contracts with other citrus fruit dealers. The commission may 2386 prescribe by rule that such a producer contract contain 2387 information that it considers necessary to protect the producer 2388 from deceptive practices. For purposes of this chapter, every 2389 such contract shall be conclusively deemed to have been made and 2390 entered into during the shipping season in which the delivery of 2391 fruit into the primary channel of trade is made. 2392 (3) SuchSaidbond shall be to the Department of 2393 Agriculture,for the use and benefit of every producer and of 2394 every citrus fruit dealer with whom the dealer deals in the 2395 purchase, handling, sale, and accounting of purchases and sales 2396 of citrus fruit. The aggregate accumulative liability under any 2397 bond mayshallnot exceed the amount of the bondnamed therein. 2398 SuchSaidbond shall provide that the surety company executing 2399 the bond isthereon shallnotbeliable to any citrus fruit 2400 dealer claiming to be injured or damaged by suchthe saiddealer 2401 if the aggregate of the amounts found to be due to producers 2402 pursuant tothe provisions ofthis chapter equals or exceeds the 2403 amount of the bond, unless such citrus fruit dealer is also a 2404 producer and is acting in the capacity of a producer and not in 2405 the capacity of a citrus fruit dealer in the transaction wherein 2406 she or he claims to have been injured or damaged by applicant; 2407 however,butif the aggregate of such amounts is less than the 2408 amount of the bond,thenthe surety may be held liable to such 2409 citrus fruit dealers, but not in excess of the sum by which the 2410 amount of the bond exceeds the aggregate of the amounts found to 2411 be due to producers pursuant tothe provisions ofthis chapter. 2412 (4) The Department of Citrus or the Department of 2413 Agriculture, or any officer or employee designated by the 2414 Department of Citrus or the Department of Agriculture, is 2415 authorizedshall have the right toinspect such accounts and 2416 records of any citrus fruit dealer as may be deemed necessary to 2417 determine whether a bond thatwhichhas been delivered to the 2418 Department of Agriculture is in the amount required by this 2419 section or whether a previously licensed nonbonded dealer should 2420 be required to furnish bond. If any such citrus fruit dealer 2421 refuses to permit such inspection, the Department of Agriculture 2422 may publish the facts and circumstances and by order suspend the 2423 license of the offender until permission to make such inspection 2424 is given. Upon a finding by the Department of Agriculture that 2425 any citrus fruit dealer has dealt or probably will deal with 2426 more fruit during the season than shown by the application, the 2427 Department of Agriculture may order such bond increased to such 2428 an amount as will meet the requirementsasset forth in the 2429 rules adopted by the Department of Citrus for determining the 2430 amountbond scheduleof such bondssubsection (1). Upon failure 2431 to file such increased bond within the time fixed by the 2432 Department of Agriculture, the Department of Agriculture may 2433 publish the facts and circumstances and by order suspend the 2434 license of such citrus fruit dealer until suchthe saidbond is 2435 increased as ordered. 2436 (5)(a) The following citrus fruit, subject to such rules as 2437 may be prescribed by the Department of Citrus, isshallnotbe2438 consideredasfruit with which the applicant intends to deal for 2439 the purpose of determining the amount of the bond required under 2440 subsection (1):;2441 1. Citrus fruit thatwhichthe applicant produces. 2442 2. Citrus fruit thatwhichis handled for its members by a 2443 cooperative marketing association organized and existing under 2444the provisions of eitherchapter 618 or chapter 619. 2445 3. Fresh citrus fruit handled by the applicant that, which2446 has been prepared and packaged by a registered packinghouse 2447 other than the applicant and has been inspected and certified 2448 for shipment. 2449 4. Citrus fruit handled by the applicant from citrus groves 2450 for which the applicant provides complete grove management 2451 services under direct contract with the owner or producer. 2452 5. Citrus fruit handled by a corporate or partnership 2453 applicant that is from citrus groves owned by officers or 2454 stockholders of the corporation or from citrus groves owned by 2455 the partnership, the parent corporation, or a wholly owned 2456 subsidiary corporation or its corporate officers or 2457 stockholders, or any partner of a partnership, if; provided that2458 appropriate waivers of right to any claim against the bond 2459 required to be posted by this section arebeattached to and 2460 made a part of the license applicationfor license. 2461 6. Processed citrus fruit handled by the applicant that 2462whichhas been processed and packaged by a registered citrus 2463 processing plant other than the applicant and has been inspected 2464 and certified for shipment. 2465 (b) If the applicant does not intend to deal with any 2466 citrus fruit other than that described in paragraph (a)which2467comes within the foregoing classifications, the Department of 2468 Agricultureand Consumer Servicesshall issue a license without 2469 the posting of a bond. Such a license shall bear a descriptive 2470 statement to the effect that the licensee is not a bonded citrus 2471 fruit dealer. 2472 (c) A claim against any citrus fruit dealer’s bond required 2473 to be posted by this section shall not be accepted with respect 2474 to any damages in connection with fruit handled underthe2475provisions ofsubparagraphs (a)1.-6.of paragraph (a)if such 2476 claim is filed against the bond of the dealer who was granted 2477 bond exempt status for suchsaidfruit. 2478(6) If any of the provisions of this act shall be held to2479be unconstitutional or invalid for any reason by any court of2480competent jurisdiction or if such court shall find or declare2481that no applicant shall be required to furnish the bond required2482by this act, then and in that event this entire act shall be2483ineffective for any and all purposes and the laws in effect on2484July 31, 1965, which are amended by this act, shall not be2485deemed to be amended or repealed by this act but shall instead2486remain in full force and effect it being the intention of the2487Legislature that in such event this entire act shall be2488ineffective for any and all purposes and the laws in effect on2489July 31, 1965, which are amended or repealed by this act shall2490instead not be deemed to be amended or repealed by this act but2491shall remain in full force and effect.2492 Section 49. Subsection (7) of section 601.64, Florida 2493 Statutes, is amended to read: 2494 601.64 Citrus fruit dealers; unlawful acts.—It is unlawful 2495 in, or in connection with, any transaction relative to the 2496 purchase, handling, sale, and accounting of sales of citrus 2497 fruit: 2498 (7) For any citrus fruit dealer to violate or aid or abet 2499 in the violation of any rule adoptedor regulation duly2500promulgatedby the departmentof Citrus. 2501 Section 50. Subsections (1), (6), (7), and (8) of section 2502 601.66, Florida Statutes, are amended to read: 2503 601.66 Complaints of violations by citrus fruit dealers; 2504 procedure; bond distribution; court action on bond.— 2505 (1) Any person may complain of any violation ofany of the2506provisions ofthis chapter by any citrus fruit dealer during any 2507 shipping season,by filing of a written complaint with the 2508 Department of Agricultureand Consumer Servicesat any time 2509 beforeprior toMay 1 of the year immediately afterfollowing2510 the end of such shipping season. SuchSaidcomplaint shall 2511 briefly state the facts, and the Department of Agricultureand2512Consumer Servicesshall thereupon, if the facts alleged prima 2513 facie warrant such action, forward true copies of suchsaid2514 complaint to the dealer in question and also to the surety 2515 company on the dealer’s bond. The dealer at such time shall be 2516 called upon, within a reasonable time to be prescribed by the 2517 Department of Agricultureand Consumer Services, either to 2518 satisfy the complaint or to answer the complaint in writing, 2519 either admitting or denying the liability. 2520 (6) Upon failure by a dealer to comply with an order of the 2521 Department of Agricultureand Consumer Servicesdirecting 2522 payment, the Department of Agricultureand Consumer Services2523 shall call upon the surety company to pay over to the Department 2524 of Agricultureand Consumer Services, out of the bond 2525 theretofore posted by the surety for such dealer, the amount of 2526 damages sustained but not exceeding the amount of the bond. The 2527 proceeds to the Department of Agricultureand Consumer Services2528 by the surety company shall, in the discretion of the Department 2529 of Agricultureand Consumer Services, beeitherpaid to the 2530 original complainant or held by the Department of Agriculture 2531and Consumer Servicesfor later disbursement, depending upon the 2532 time during the shipping season when the complaint was made, 2533 when liability was admitted by the dealer, when the proceeds 2534 were so paid by the surety company to the Department of 2535 Agricultureand Consumer Services, the amount of other claims 2536 then pending against the same dealer, the amount of other claims 2537 already adjudicated against the dealer, and such other pertinent 2538 facts as the Department of Agricultureand Consumer Servicesin 2539 its discretion may consider material. The Department of 2540 Agricultureand Consumer Services, if it decides to pay the 2541 proceeds to the original complainant, mayhas authority toorder 2542 an increase in the original bond of the dealer to such higher 2543 sum astothe Department of Agricultureand Consumer Services2544 would be justified under all the circumstances so as to protect 2545 other possible claimants and to exercise all powers otherwise 2546 confided to it under this chapter to enforce the posting of such 2547 increased bond. The Department of Agricultureand Consumer2548Servicesalso, in its discretion as the facts and circumstances 2549 might appear to it, may hold the amount of such proceeds until 2550 such later time, up to the time when all claims have been filed 2551 during the allotted period after the closing of the shipping 2552 season and such claims adjudicated, and maythendisburse the 2553 total proceeds in its possession paid over to it by the surety 2554 company on the dealer’s bond as such claims were adjudicated to 2555 the various claimants, paying first to the producers the amount 2556 of their claims in full, if such proceeds are sufficient for 2557 such purpose, and if not, then in pro rata shares to such 2558 producer claimants. The balance of any; and if there then exist2559 additional proceeds in the hands of the Department of 2560 Agricultureand Consumer Services, after all claims of producers 2561 have been paid in full,the balance of such proceedsshall be 2562 paid to claimants who are citrus fruit dealers, either in whole 2563 or in pro rata portion, as the aggregate of their claims may 2564 bear to the amount of such additional proceeds. 2565 (7) Upon failure of a surety company to comply with a 2566 demand for payment of the proceeds of a citrus fruit dealer’s 2567 bond pursuant to administrative orders entered by the Department 2568 of Agriculture fixing amounts due claimants, the Department of 2569 Agriculture shall within a reasonable time file in the Circuit 2570 Court in and for Polk County,an original petition or complaint 2571 setting forth the administrative proceedings before the 2572 Department of Agriculture and ask for final order of the court 2573 directing the surety company to pay the proceeds of thesaid2574 bond to the Department of Agriculture for distribution to the 2575 claimants. 2576 (8) In any court proceeding filed under subsection (7), the 2577 findings of facts and orders of the Department of Agriculture 2578 shall be prima facie evidence of the facts therein stated, and 2579 if in such suit the Department of Agriculture is successful and 2580 the court affirms the Department of Agriculture’sdepartment’s2581 demand for payment from the surety company, the Department of 2582 Agriculture shall be allowed all court costs incurred therein 2583 and alsoareasonable attorney feesattorney’s feeto be fixed 2584 and collected as a part of the costs of the suit. 2585 Section 51. Section 601.67, Florida Statutes, is amended to 2586 read: 2587 601.67 Disciplinary action by Department of Agricultureand2588Consumer Servicesagainst citrus fruit dealers.— 2589 (1) The Department of Agricultureand Consumer Servicesmay 2590 impose a fine not exceeding $50,000 per violation against any 2591 licensed citrus fruit dealer for violation of any provision of 2592 this chapter and, in lieu of, or in addition to, such fine, may 2593 revoke or suspend the license of any such dealer when it has 2594 been satisfactorily shown that such dealer, in her or his 2595 activities as a citrus fruit dealer, has: 2596 (a) Obtained a license by means of fraud, 2597 misrepresentation, or concealment; 2598 (b) Violated or aided or abetted in the violation of any 2599 law of this state governing or applicable to citrus fruit 2600 dealers or any lawful rules of the Department of Citrus; 2601 (c) Been guilty of a crime against the laws of this or any 2602 other state or government involving moral turpitude or dishonest 2603 dealing,or has become legally incompetent to contract or be 2604 contracted with; 2605 (d) Made, printed, published, distributed, or caused, 2606 authorized, or knowingly permitted the making, printing, 2607 publication, or distribution of false statements, descriptions, 2608 or promises of such a character as to reasonably induce any 2609 person to act to her or his damage or injury, if such citrus 2610 fruit dealer then knew, or,by the exercise of reasonable care 2611 and inquiry,could have known, of the falsity of such 2612 statements, descriptions, or promises; 2613 (e) Knowingly committed or been a party to any material 2614 fraud, misrepresentation, concealment, conspiracy, collusion, 2615 trick, scheme, or device whereby any other person lawfully 2616 relying upon the word, representation, or conduct of the citrus 2617 fruit dealer has acted to her or his injury or damage; 2618 (f) Committed any act or conduct of the same or different 2619 character of that hereinabove enumerated which constitutes 2620 fraudulent or dishonest dealing; or 2621 (g) Violated any of the provisions of ss. 506.19-506.28, 2622 both sections inclusive. 2623 (2) The Department of Agriculture may impose a fine not 2624 exceeding $100,000 per violation against any person who operates 2625 as a citrus fruit dealer without a current citrus fruit dealer 2626 license issued by the Department of Agriculture pursuant to s. 2627 601.60. In addition, the Department of Agriculture may order 2628 such person to cease and desist operating as a citrus fruit 2629 dealer without a license. An administrative order entered by the 2630 Department of Agriculture under this subsection may be enforced 2631 pursuant to s. 601.73. 2632 (3) The Department of Agriculture shall impose a fine of 2633 not less than $10,000 nor more than $100,000 per violation 2634 against any licensed citrus fruit dealer and shall suspend, for 2635 60 days during the first available period between September 1 2636 and May 31, the license of any citrus fruit dealer who: 2637 (a) Falsely labels or otherwise misrepresents that a fresh 2638 citrus fruit was grown in a specific production area specified 2639 in s. 601.091; or 2640 (b) Knowingly, falsely labels or otherwise misrepresents 2641 that a processed citrus fruit product was prepared solely with 2642 citrus fruit grown in a specific production area specified in s. 2643 601.091. 2644 (4) Any fine imposed pursuant to subsection (1), subsection 2645 (2), or subsection (3), when paid, shall be deposited by the 2646 Department of Agricultureand Consumer Servicesinto its General 2647 Inspection Trust Fund. 2648 (5) Whenever any administrative order has been made and 2649 entered by the Department of Agriculture thatand Consumer2650Services whichimposes a fine pursuant to this section, such 2651 order shall specify a time limit for payment of the fine, not 2652 exceeding 15 days. The failure of the dealer involved to pay the 2653 fine within that time shall result in the immediate suspension 2654 of such citrus fruit dealer’s current license, or any 2655 subsequently issued license, until such time as the order has 2656 been fully satisfied. Any order suspending a citrus fruit 2657 dealer’s license shall include a provision that such suspension 2658 shall be for a specified period of time not to exceed 60 days, 2659 and such period of suspension may commence at any designated 2660 date within the current license period or subsequent license 2661 period. Whenever an order has been entered thatwhichsuspends a 2662 citrus fruit dealer’s license for a definite period of time and 2663 that license, by law, expires during the period of suspension, 2664 the suspension order shall continue automatically and shall be 2665 effective against any subsequent citrus fruit dealer’s license 2666 issued to such dealer until such time as the entire period of 2667 suspension has elapsed. Whenever any such administrative order 2668 of the Department of Agricultureand Consumer Servicesis sought 2669 to be reviewed by the offending dealer involved in a court of 2670 competent jurisdiction, if such court proceedings should finally 2671 terminate in such administrative order being upheld or not 2672 quashed, such order shall thereupon, upon the filing with the 2673 Department of Agricultureand Consumer Servicesof a certified 2674 copy of the mandate or other order of the last court having to 2675 do with the matter in the judicial process, become immediately 2676 effective and shall then be carried out and enforced 2677 notwithstanding such time will be during a new and subsequent 2678 shipping season from that during which the administrative order 2679 was first originally entered by the Department of Agriculture 2680and Consumer Services. 2681 Section 52. Subsection (9) of section 601.69, Florida 2682 Statutes, is amended to read: 2683 601.69 Records to be kept by citrus fruit dealers.—Every 2684 citrus fruit dealer shall make and keep a correct record showing 2685 in detail the following with reference to the purchase, 2686 handling, sale, and accounting of sale of citrus fruit handled 2687 by her or him, namely: 2688 (9) Any other record or account required to be kept and 2689 maintained by such dealer by rule adopted byor regulation of2690 the departmentof Citrus duly promulgated. 2691 Section 53. Section 601.70, Florida Statutes, is amended to 2692 read: 2693 601.70 Inspection of records by Department of Agriculture 2694and Consumer Services.—The Department of Agricultureand2695Consumer Services,or its duly authorized agents, shallhave the 2696 right to inspect all accounts, records, and memoranda of any 2697 citrus fruit dealer required to be kept underpursuant to the2698provisions ofthis chapter. If any such citrus fruit dealer 2699 refuses to permit such inspection, the Department of Agriculture 2700 may publish the facts and circumstances and by order suspend the 2701 license of the offender until permission to make such inspection 2702 is given. 2703 Section 54. Subsection (1) of section 601.701, Florida 2704 Statutes, is amended to read: 2705 601.701 Penalty for failure to keep records.— 2706 (1) It isshall beunlawful to fail to keep any records 2707 required to be kept underthe provisions ofthe Florida Citrus 2708 Codeof 1949, or any amendments thereto,or required to be kept 2709 by any other law or by any rule adopted byauthorized regulation2710ofthe Department of Agriculture or the Department of Citrus, or 2711 to falsify or cause the falsification of any such records or to 2712 keep false records. 2713 Section 55. Paragraph (a) of subsection (1) and subsection 2714 (2) of section 601.731, Florida Statutes, are amended to read: 2715 601.731 Transporting citrus on highways; name and dealer 2716 designation on vehicles; load identification; penalty.— 2717 (1)(a) It is unlawful to operate any truck, tractor, 2718 trailer, or other motor vehicle hauling citrus fruit in bulk or 2719 in unclosed containers for commercial purposes on the highways 2720 of this state unless such truck, tractor, trailer, or other 2721 motor vehicle is: 2722 1. Designated by a number assigned or permitted for use in 2723 the way and manner and to the extent prescribed byregulation of2724thedepartment ruleof Citrus. 2725 2. Identified by lettering plainly showing the name of the 2726 person owning same, or the name of any lessee or other person 2727 operating same. The lettering shall not be less than 3 inches in 2728 height on both sides of the vehicle or on the front end and the 2729 rear end of the vehicle, except that lettering on flatbed 2730 semitrailers shall not be less than 1 1/2 inches in height on 2731 the rear end of the trailer. 2732 (2) Any person driving any truck, tractor, trailer, or 2733 other motor vehicle hauling citrus fruit in bulk or in unclosed 2734 containers for commercial purposes on the highways of the state 2735 mustshallhave on her or his person whilewhendriving such 2736 vehicle a certificate or other paper showing the approximate 2737 amount of fruit being hauled; the name of the owner and the 2738 grove or other origin of such fruit; the number painted or 2739 affixed by decal, as well as the number of the motor vehicle 2740 license tag, on the vehicle in which such fruit is being hauled; 2741 and such other information and data as may be prescribed by 2742regulation of thedepartment ruleof Citrus, and it is unlawful 2743 to drive any such vehicle on the highways of this state without 2744 having such certificate or other paper. The failure of any such 2745 person to have such certificate or other paper on her or his 2746 person whilewhendriving such vehicle, as aforesaid,is prima 2747 facie evidence of intent to violate and of the violation of this 2748 sectionact. 2749 Section 56. Section 601.74, Florida Statutes, is amended to 2750 read: 2751 601.74 Adoption of rules; fees for licensing and analysis 2752 of processing materials.—The Department of Agricultureand2753Consumer Servicesmay adopt rules and set fees with respect to 2754 the licensing and analysis of materials and composition used on 2755 or in the packing of citrus fruits. Such rules may include fees 2756 for permitting dyes and coloring matter. Fees shall be not less 2757 thanthe amount of$30 nor more than $100 for each manufacturer 2758 applyingmaking applicationto the Department of Agriculture. 2759 All such license fees collected under this sectionhereunder2760 shall be paid monthly by the Department of Agricultureand2761Consumer Servicesinto the State Treasury to the credit of the 2762 General Inspection Trust Fund and shall be appropriated and made 2763 available for defraying the expenses incurred in the 2764 administration of this law. 2765 Section 57. Section 601.75, Florida Statutes, is amended to 2766 read: 2767 601.75 Dyes and coloring matter for citrus fruit to be 2768 certified prior to use.—The Department of Agricultureand2769Consumer Servicesmay adopt rules with respect to the permitting 2770 and certification of dyes and coloring matter for citrus fruit 2771 prior to use on any citrus fruit. 2772 Section 58. Section 601.76, Florida Statutes, is amended to 2773 read: 2774 601.76 Manufacturer to furnish formula and other 2775 information.—The Department of Agricultureand Consumer Services2776 may adopt rules with respect to requirements for information 2777 thatwhichmust be furnished by manufacturers of coloring matter 2778 for use on citrus fruit. Such information may include product 2779 formulas. Any formula required to be filed with the Department 2780 of Agricultureand Consumer Servicesshall be deemed a trade 2781 secret as defined in s. 812.081, is confidential and exempt from 2782the provisions ofs. 119.07(1), and shall only be divulged to 2783 the Department of Agricultureand Consumer Servicesor to its 2784 duly authorized representatives or upon orders of a court of 2785 competent jurisdiction when necessary in the enforcement of this 2786 law. A person who receives such a formula from the Department of 2787 Agriculture under this section shall maintain the 2788 confidentiality of the formula. 2789 Section 59. Section 601.77, Florida Statutes, is amended to 2790 read: 2791 601.77 Subsequent analysis of coloring matter; inspection 2792 of packinghouses for application.—The Department of Agriculture 2793and Consumer Servicesmay, by rule, provide for subsequent 2794 analysis of coloring matter, for inspection of packinghouses or 2795 other places where coloring matter is applied to citrus fruit, 2796 and for grounds for revocation of a license to use coloring 2797 matter on fruit. 2798 Section 60. Section 601.78, Florida Statutes, is amended to 2799 read: 2800 601.78 Manufacturer to post bond.—The Department of 2801 Agricultureand Consumer Servicesmay, by rule, require cash or 2802 surety bonds to be posted by manufacturers of coloring matter 2803 used on citrus fruit. The Department of Agricultureand Consumer2804Servicesshall adopt rules prescribing the amount and form of 2805 such bonds and the grounds and procedures for forfeiture of 2806 same. The amount of the bond mayshallnot exceed $5,000. 2807 Section 61. Section 601.80, Florida Statutes, is amended to 2808 read: 2809 601.80 Unlawful to use uncertified coloring matter.—It is 2810 unlawful for any person to use on oranges or citrus hybrids any 2811 coloring matter which has not first received the approval of the 2812 Department of Agricultureand Consumer Servicesas provided by 2813 rule adopted underpursuant tos. 601.76. 2814 Section 62. Section 601.85, Florida Statutes, is amended to 2815 read: 2816 601.85 Standard shipping box for fresh fruit.—The 2817 specifications for the standardlegalshipping box, whencrate,2818or container to beused as a unit of trade or for reporting 2819 purposes,in shipping fresh citrus fruitsshall be as 2820 established by the department,of Citrus;butprovided thatthe 2821 unit of a standard-packed box, commonly called 1 3/5 bushels, 2822 shall contain an inside cubical measurement of 3,456 cubic 2823 inches. 2824 Section 63. Section 601.86, Florida Statutes, is amended to 2825 read: 2826 601.86 Standard field boxes for fresh citrus fruit.—The 2827 standard field box or its equivalent, when used as a unit of 2828 trade or for reporting purposes,All field boxes used in the2829purchase, sale, or handling of citrus fruit from or for the2830grower by a citrus fruit dealer in the stateshall be of the 2831 uniform standard size of 31 1/2 inches long, 13 inches high, and 2832 12 inches wide, inside measurements, and shall be divided into 2833 two compartments by a center partition of at least three-fourths 2834 inch thickness,;and each of these compartments thus created 2835 shall have a cubical capacity that doesofnottoexceed 2,400 2836 cubic inches. 2837 Section 64. Subsection (3) of section 601.91, Florida 2838 Statutes, is amended to read: 2839 601.91 Unlawful to sell, transport, prepare, receive, or 2840 deliver freeze-damaged citrus.— 2841 (3) The manner and method of drawing samples and conducting 2842 tests under this section shall be prescribed by rulesand2843regulationsof the Department of Citrus. The inspection in the 2844 state of all citrus fruits seriously damaged by freezing and the 2845 enforcement of this section and of rules, regulations,and 2846 orders ofmade bythe departmentof Citruspursuant to and under 2847 authority of this section shall be under the direction, 2848 supervision, and control of the Department of Agriculture and 2849 its duly authorized agents and inspectors who are qualified 2850 under existing laws to inspect for grade and maturity,;and all 2851 citrus fruits that may be found to be seriously damaged by 2852 freezing, as defined by s. 601.89, upon inspection and testing 2853 shall be seized and may be confiscated and destroyed under the 2854 supervision of the citrus fruit inspector at the expense of the 2855 owner unless previous disposition is made by the owner or other 2856 person who offered the same for inspection, all the provisions 2857 of this section being subject to such reasonable rulesand2858regulationsas may be adoptedpromulgatedby the Department of 2859 Citrus. 2860 Section 65. Section 601.9901, Florida Statutes, is amended 2861 to read: 2862 601.9901 Certificates of inspection; form.—All certificates 2863 of inspection prescribed by this chapter shall be of such 2864 number, form, size, and character as the departmentof Citrus2865 may by ruleand regulationprescribe and shall be used in such 2866 manner as to identify the fruit or the canned or concentrated 2867 products thereof to which they relate. 2868 Section 66. Section 601.9902, Florida Statutes, is amended 2869 to read: 2870 601.9902 Payment of salaries and expenses; Department of 2871 Citrus.—All salaries, costs, and expenses incurred by the 2872 departmentof Citrusin the administration andtheenforcement 2873 of this chapter and in the performance of the department’sits2874 duties and the exercise of its powers under the laws of this 2875 state shall be proratably paid from the moneys derived from the 2876 citrus advertising assessmentstaxesimposed on the various 2877 types of citrus fruit in such proportion as the departmentof2878Citrusmay find each respective typeisaffected by such 2879 expenditures. 2880 Section 67. Section 601.9903, Florida Statutes, is amended 2881 to read: 2882 601.9903 Annual report of Department of Citrus.—The 2883 departmentof Citrusshall submitmakean annual report to the 2884 Governor concerninguponthe work of the departmentof Citrus. 2885 The departmentItshall also submitmakesuch special reports 2886 concerninguponany phase of the department’s workof the2887Department of Citrusas may be requestedcalled forby the 2888 Governor or the Legislature or either house thereof. 2889 Section 68. Section 601.99035, Florida Statutes, is amended 2890 to read: 2891 601.99035 Annual travel report of Department of Citrus.—The 2892 departmentof Citrusshall, at the end of each fiscal year, 2893 publish an annual travel report that states, for each department 2894 staff memberof the Department of Citrusand each commission 2895 memberof the Florida Citrus Commissionwho has traveled during 2896 that year, the name of the person, the person’s position title, 2897 the date on which a claim for reimbursement was submitted, the 2898 dates of travel, the destinations, the purpose of the travel, 2899 and all expenditures that resulted from the travel. 2900 Section 69. Section 601.99036, Florida Statutes, is amended 2901 to read: 2902 601.99036 Approval of specified salary changes.—Any change 2903 in the annual salary of an employee of the department who earns 2904of Citrus which is at or above$100,000 or moreannuallymust be 2905 approved by a majoritythe full membershipof theFlorida Citrus2906 commissionat the meeting of the commission in July 2003, or at2907the first subsequent meeting, andbefore theany subsequent2908 salary adjustment is made. 2909 Section 70. Section 601.9904, Florida Statutes, is amended 2910 to read: 2911 601.9904Rules and regulations;Frozen citrus juices; rules 2912 of Department of Citrus.—The department shall adoptof Citrus is2913hereby authorized and required to promulgateand enforce rules 2914and regulationsconcerning the contents, preparation, 2915 concentrating, other processing, and keeping or storing of 2916 frozen concentrated fresh citrus juices, and such rulesand2917regulationsmay govern,coverbut are not limited to, the 2918 sanitary conditions under which such product is prepared, the 2919 type of equipment and machinery used therein,andthe manner and 2920 method of storage within this state, and the manner and method 2921 of shipment. 2922 Section 71. Subsection (6) of section 601.9908, Florida 2923 Statutes, is amended to read: 2924 601.9908 Canned tangerine juice; standards; labeling.—No 2925 canned tangerine juice shall be sold or offered for sale or 2926 shipped or offered for shipment which: 2927 (6) Does not meet requirements to be established by the 2928 departmentof Citrusregarding color, absence of defects, taste, 2929 and flavor; unless the immediate container thereof shall be 2930 labeled in accordance with regulations of the departmentof2931Citrusand there shall appear on such label the word 2932 “substandard” in bold type not less than 1/4 inch high printed 2933 or stamped diagonally thereon. 2934 Section 72. Paragraphs (c) and (d) of subsection (1) and 2935 subsections (2) and (3) of section 601.9910, Florida Statutes, 2936 are amended to read: 2937 601.9910 Legislative findings of fact; strict enforcement 2938 of maturity standard in public interest.— 2939 (1) FINDINGS.— 2940 (c) The Legislature finds and determines and so declares 2941 that there is no better method of determining when such raw and 2942 immature flavor leaves Florida citrus than by the standards 2943 authorized byset forth inthis chapter and set forth in 2944 department rule;andthat experience has demonstrated over a 2945 period of many years, by the best available records and under 2946 various climatic conditions and various seasonal changes, that 2947 generally speaking, beforeprior toNovember 1 of each season, 2948 oranges thatwhichdo not have a total soluble solids of 9 2949 percent with a minimum ratio of total soluble solids, as set 2950 forth in department rules.601.20, still have a raw, immature 2951 flavor;andthat,beginning on or about November 1 of each 2952 season, such raw, immature fruit flavor gradually disappears 2953 from the orange, and by November 15 the same orange may have a 2954 still lower soluble solids percentage and not be immature; that 2955andafter November 15 the same orange can still have a further 2956 lower soluble solids percentage without being immature; and that 2957 by December 1 nature has completed its process of removing the 2958 raw, immature flavor thatwhichmight have existed beforeprior2959tothat time, provided such fruit meets the other minimum 2960 maturity requirements authorized byset forth inthis chapter 2961 and set forth in department rule. On December 1 oranges meeting 2962 the requirements set forth in department ruleof s.601.19(4), 2963 while not being sufficiently mature to ship in fresh form, may 2964 be safely used in some processed products without the finished 2965 product having a raw, immature flavor. On December 1 grapefruit 2966 meeting the requirements set forth in department ruleof s.2967601.16(4), while not being sufficiently mature to ship in fresh 2968 form, may be safely used in some processed products without the 2969 finished product having a raw, immature flavor. 2970 (d) The Legislature finds and determines and so declares 2971 that the enforcement of the maturity standards, authorized byas2972set forth inthis chapter and set forth in department rule, will 2973 not result in preventing any grower from marketing her or his 2974 fruit at some time during the marketing season, whenever nature 2975 has removed the raw, immature flavor,;and,if there is a delay 2976 in such marketing, it will result in higher prices for the 2977 entire season, bringing additional millions of dollars to the 2978 state’s growers ofFloridaand resulting in benefit to all 2979 growers, including the grower or growers who were delayed a 2980 short time in the shipment of their fruit. 2981 (2) DECLARATION.—Therefore, the Legislature declares that 2982 the strict enforcement of the maturity standards authorized by,2983as set forth inthis chapter and set forth in department rule,2984 is definitely in the public’s interest and for the public’s 2985 welfare,and that no citrus thatshould be shipped from Florida2986and sold in the consuming markets whichhas a raw, immature 2987 flavor,and thatwhichcould be classed by the consuming public 2988 as “Florida green fruit.” should be shipped from the state and 2989 sold in consuming markets. 2990 (3) RULES SETTING FORTHREGULATIONS REGARDINGMATURITY 2991 STANDARDS FOR HYBRIDS.—The Legislature finds and determines that 2992 the classifications of and maturity standards for citrus hybrids 2993 should be established by rules adoptedregulations promulgated2994 by the departmentof Citruspursuant to this chapter. 2995 Section 73. Section 601.9911, Florida Statutes, is amended 2996 to read: 2997 601.9911 Fruit may be sold or transported direct from 2998 producer.—Any citrus producer may transport her or his own 2999 citrus fruit or any citrus fruit may be sold or purchased and 3000 transported in interstate or intrastate commerce in truckload 3001 lots direct from a producer, and any such fruit so sold, 3002 purchased, or transported need not be processed, handled by any 3003 packinghouse, washed, polished, graded, stamped, labeled, 3004 branded, placed in containers, or otherwise prepared for market 3005 asmay beprovided in this chapterherein. Such fruit shall be 3006 certified at the time of inspection as tree run grade of fruit,3007 but shall otherwise remain subject to the maturity standards and 3008 all other conditions, restrictions, emergency quality assurance 3009 orders, and other requirements of this chapter and shall be 3010 inspected for such compliance as all other fruit is inspected at 3011 such convenient locations as may be determined by the Department 3012 of Agriculture. Any such fruit violating any provision ofthe3013provisions ofthis chapter, or any rule adopted byor regulation3014ofthe department underof Citrus made pursuant tothis chapter, 3015 but not inconsistent with this section, may be seized, 3016 condemned, and destroyed as provided in this chapterherein. At 3017 the time of such inspection, all fees and,assessments, and3018excise taxesprovided in this chapter shall be paid and 3019 collected at the same rate as paid by all other fresh fruit 3020 growers or shippers. 3021 Section 74. Section 601.9918, Florida Statutes, is amended 3022 to read: 3023 601.9918 Rules related to issuance and use of symbols.—In 3024 rules related to the issuance and voluntary use of symbols, 3025 certification marks, service marks, or trademarks, the 3026 commission may make general references to national or state 3027 requirements that the license applicant would be compelled to 3028 meet regardless of the Department of Agriculture’sdepartment’s3029 issuance of the license applied for. 3030 Section 75. Section 601.992, Florida Statutes, is amended 3031 to read: 3032 601.992 Collection of dues and other payments on behalf of 3033 certain nonprofit corporations engaged in market news and grower 3034 education.—TheFloridaDepartment of Citrus or the Department of 3035 Agricultureand Consumer Servicesor their successors may 3036 collect or compel the entities regulated by the Department of 3037 Agriculture to collect dues, contributions, or any other 3038 financial payment upon request by, and on behalf of, any not 3039 for-profit corporation,and its related not-for-profit 3040 corporations,located in this state that receivewhich receives3041 payments or dues from theiritsmembers. Such not-for-profit 3042 corporation must be engaged, to the exclusion of agricultural 3043 commodities other than citrus, in market news and grower 3044 education solely for citrus growers, and must have at least 3045 5,000 members who are engaged in growing citrus in this state 3046 for commercial sale. The Department of Agriculture may adopt 3047 rules under chapter 120pursuant to ss.120.536(1) and120.54to 3048 administerimplementthis section. The rules may establish 3049 indemnity requirements for the requesting corporation and for 3050 fees to be charged to the corporation thatwhichare sufficient 3051 but do not exceed the amount necessary to ensure that any direct 3052 costs incurred by the Department of Agriculture in implementing 3053 this section are borne by the requesting corporation and not by 3054 the Department of Agriculture. 3055 Section 76. Subsection (1) of section 603.161, Florida 3056 Statutes, is amended to read: 3057 603.161 Sales certificates, work orders to accompany 3058 certain fruit.— 3059 (1) This section applies to tropical or subtropical fruit. 3060 “Tropical or subtropical fruit” means avocados, bananas, 3061 calamondins, carambolas, guavas, kumquats, limes, longans, 3062 loquats, lychees, mameys, mangoes, papayas, passion fruit, 3063 sapodillas, and fruit that must be grown in tropical or 3064 semitropical regions, except citrus fruit as defined in s. 3065 601.03(7). 3066 Section 77. Effective January 1, 2013, sections 601.16, 3067 601.17, 601.18, 601.19, 601.20, 601.21, 601.22, 601.87, 601.90, 3068 601.901, 601.981, 601.9905, 601.9906, 601.9907, 601.9909, 3069 601.9913, 601.9914, and 601.9916, Florida Statutes, are 3070 repealed. 3071 Section 78. Except as otherwise expressly provided in this 3072 act, this act shall take effect July 1, 2012.