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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to Florida citrus; providing a short 2
title; amending s. 601.04, F.S.; revising the 3
membership of the Florida Citrus Commission; requiring 4
members to meet certain requirements; revising 5
commission appointments to achieve staggered terms for 6
the newly appointed members; revising the requirements 7
for a quorum; amending s. 601.09, F.S.; increasing the 8
number of citrus districts in this state and revising 9
the counties that comprise each district; amending s. 10
601.13, F.S.; requiring certain entities to provide 11
reports on citrus production research to the 12
commission at specified intervals and upon request of 13
the commission; specifying requirements for the 14
reports; requiring that new varieties of citrus fruit 15
produced from research or studies funded by state 16
funds be made exclusively available for licensing and 17
purchase to certain Florida producers for a specified 18
timeframe; requiring producers who receive such 19
exclusivity to retain the exclusivity for a specified 20
timeframe; providing pricing requirements for such 21
arrangements; reenacting s. 600.051(1), F.S., relating 22
to marketing agreements and the powers of the 23
Department of Citrus, to incorporate the amendment 24
made to s. 601.09, F.S., in a reference thereto; 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
reenacting ss. 601.10(8)(c) and 601.15(7)(b), F.S., 26
relating to powers of the department and the use of 27
moneys in the Florida Citrus Advertising Trust Fund, 28
respectively, to incorporate the amendment made to s. 29
601.13, F.S., in references thereto ; providing an 30
effective date. 31
32
Be It Enacted by the Legislature o f the State of Florida: 33
34
Section 1. This act may be cited as the "Citrus Recovery 35
Act." 36
Section 2. Section 601.04, Florida Statutes, is amended to 37
read: 38
601.04 Florida Citrus Commission; creation and 39
membership.— 40
(1)(a) There is created within the department the Florida 41
Citrus Commission, which shall be composed of 11 nine members 42
appointed by the Governor. Each member must be a resident 43
citizen of this the state who is and has been actively engaged 44
in the growing, growing and shipping, or growi ng and processing 45
of citrus fruit in the state for at least 5 years immediately 46
before appointment to the commission and has, during that 5 -year 47
period: 48
1. Derived a major portion of her or his income from such 49
growing, growing and shipping, or growing a nd processing of 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
citrus fruit; or 51
2. Been the owner of, member of, officer of, or paid 52
employee of a corporation, firm, or partnership that has, during 53
that 5-year period, derived the major portion of its income from 54
such growing, growing and shipping, o r growing and processing of 55
citrus fruit. 56
(b)1. Seven Six members of the commission shall be 57
classified as grower members and shall be primarily engaged in 58
the growing of citrus fruit as an individual owner; as the owner 59
of, or as stockholder of, a corpo ration; or as a member of a 60
firm or partnership primarily engaged in citrus growing. Such 61
members may not receive any compensation from any licensed 62
citrus fruit dealer or handler, as defined in s. 601.03, other 63
than gift fruit shippers, but any of the gro wer members may 64
shall not be disqualified as a member if, individually, or as 65
the owner of, a member of, an officer of, or a stockholder of a 66
corporation, firm, or partnership primarily engaged in citrus 67
growing which processes, packs, and markets its own fruit and 68
whose business is primarily not purchasing and handling fruit 69
grown by others. 70
2. Three members of the commission shall be classified as 71
processor grower-handler members and shall be engaged as owners, 72
or as paid officers or employees, of a cor poration, firm, 73
partnership, or other business unit engaged in canning, 74
concentrating, or otherwise processing citrus fruit for market 75
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other than for shipment in fresh fruit form handling citrus 76
fruit. One such member shall be primarily engaged in the fres h 77
fruit business, and two such members shall be primarily engaged 78
in the processing of citrus fruits. 79
3. One member shall be classified as a packer member and 80
shall be engaged as an owner, or as a paid officer or employee, 81
of a corporation, firm, partner ship, or other business unit that 82
operates as a packinghouse as defined in s. 601.03. The member 83
shall reside in the Indian River production area of this state 84
as defined in s. 601.091(2). 85
4. For purposes of this section, a member's residence is 86
his or her actual physical and permanent residence. 87
(2)(a) One grower member Three commission members shall be 88
appointed from each of the three citrus districts designated in 89
s. 601.09. Each such member must be a grower with a citrus 90
producing area between 250 a nd 5,000 acres Members appointed 91
from the same citrus district shall serve staggered terms, such 92
that the term of one of the district's three members expires 93
each year. Each member must reside or grow citrus in the 94
district from which she or he was appoint ed. For the purposes of 95
this section, a member's residence is her or his actual physical 96
and permanent residence. 97
(b) One grower member shall be a grower with a citrus 98
producing area of more than 5,001 acres. The grower must reside 99
and grow citrus in this state. 100
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(c) Members shall be appointed to terms of 3 years each, 101
except that, to establish staggered terms of members from each 102
citrus district, the terms of members appointed before July 1, 103
2022 2012, shall be shortened as follows: 104
1. The terms term of two grower members and one processor 105
member one member from each citrus district shall expire June 106
30, 2022 2012, and their successors her or his successor shall 107
be appointed to terms a term beginning July 1, 2022 2012, and 108
expiring May 31, 2025 2015. 109
2. The terms term of two grower members and two processor 110
members one member from each citrus district shall expire June 111
30, 2023 2013, and their successors her or his successor shall 112
be appointed to terms a term beginning July 1, 2023 2013, and 113
expiring May 31, 2026 2016. 114
3. The terms term of three grower members and one packer 115
member one member from each citrus district shall expire June 116
30, 2024 2014, and their successors her or his successor shall 117
be appointed to terms a term beginning July 1, 2024 2014, and 118
ending May 31, 2027 2017. 119
4. Subsequent appointments shall be made in accordance 120
with this section. 121
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Appointments shall be made by February 1 preceding the 123
commencement of the term and are subject to confirmation by the 124
Senate in the following legislative session. Each member is 125
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eligible for reappointment and shall serve until her or his 126
successor is appointed and qualified. The regular terms begin on 127
June 1 and expire on May 31 of the third year after such 128
appointment. 129
(d)(c) When appointments are made, the Governor shall 130
publicly announce the actual classification and district that 131
each appointee repre sents. A majority of the members of the 132
commission currently appointed constitutes shall constitute a 133
quorum for the transaction of all business and the carrying out 134
of the duties of the commission. Before entering upon the 135
discharge of their duties as mem bers of the commission, each 136
member shall take and subscribe to the oath of office prescribed 137
in s. 5, Art. II of the State Constitution. The qualifications 138
and classification required of each member by this section 139
continue to be required throughout the r espective term of 140
office, and if a member, after appointment, fails to meet the 141
qualifications or classification that she or he possessed at the 142
time of appointment, the member must resign or be removed and be 143
replaced with a member possessing the proper q ualifications and 144
classification. 145
(e)(d) When making an appointment to the commission, the 146
Governor shall announce the district, classification, and term 147
of the person appointed. 148
(3)(a) The commission shall elect a chair and secretary 149
and may elect a vice chair and such other officers as the 150
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commission deems advisable. 151
(b) The chair, subject to commission concurrence, may 152
appoint such advisory committees or councils composed of 153
industry representatives as the chair deems appropriate, setting 154
forth the committee or council concerns that are consistent with 155
the statutory powers and duties of the commission and the 156
department. 157
Section 3. Section 601.09, Florida Statutes, is amended to 158
read: 159
601.09 Citrus districts. — 160
(1) For purposes of this chapte r, the state is divided 161
into six three districts composed of: 162
(a) Citrus District One: Collier, Hendry, and Lee Levy, 163
Alachua, Brevard, Putnam, St. Johns, St. Lucie, Flagler, Indian 164
River, Marion, Seminole, Orange, Okeechobee, Polk, Volusia, and 165
Osceola Counties. 166
(b) Citrus District Two: Charlotte and Hardee, DeSoto, 167
Highlands, and Glades Counties. 168
(c) Citrus District Three: Glades, Highlands, and 169
Okeechobee Charlotte, Citrus, Collier, Hernando, Hendry, 170
Hillsborough, Lake, Lee, Manatee, Monroe, Martin , Pasco, Palm 171
Beach, Pinellas, Sarasota, Sumter, Broward, and Miami -Dade 172
Counties. 173
(d) Citrus District Four: Hardee, Hillsborough, Manatee, 174
Pinellas, and Sarasota Counties. 175
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(e) Citrus District Five: Citrus, Hernando, Levy, Osceola, 176
Pasco, Polk, and Sum ter Counties. 177
(f) Citrus District Six: Alachua, Brevard, Broward, 178
Flagler, Indian River, Lake, Marion, Martin, Miami -Dade, Monroe, 179
Orange, Palm Beach, Putnam, St. Johns, Seminole, St. Lucie, and 180
Volusia Counties. 181
(2) The Legislature intends that the ci trus districts be 182
reviewed and, if necessary to maintain substantially equal 183
volumes of citrus production within each district, redistricted 184
every 5 years. The commission may, once every 5 years, review 185
the citrus districts based on the total boxes produce d within 186
each district during the preceding 5 years and, based on the 187
commission's findings, submit recommendations to the Legislature 188
for redistricting in accordance with this subsection. 189
Section 4. Present subsection (3) of section 601.13, 190
Florida Statutes, is redesignated as subsection (5), and a new 191
subsection (3) and subsection (4) are added to that section, to 192
read: 193
601.13 Citrus research; administration by Department of 194
Citrus; appropriation. — 195
(3) An entity that expends funds received from th e State 196
Treasury on citrus production research conducted pursuant to 197
chapter 573, as recommended by the Citrus Research and 198
Development Foundation, Inc., or conducted through contract with 199
the department shall deliver a report that includes all of the 200
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following information to the commission biannually and at the 201
request of the commission: 202
(a) Project plans selected for funding. 203
(b) The financial status of the projects. 204
(c) Current findings of the funded research. 205
(d) Availability of citrus products or application of 206
growers' practices found through funded research. 207
(e) The status of the commercialization process of such 208
products or practices. 209
(4) Before being released for sale to the general public, 210
any new variety of citrus fruit which is develo ped as a result 211
of any research or study accomplished using funds from the State 212
Treasury must be made available: 213
(a) For licensing and purchase for a period of 90 days 214
exclusively to any Florida not -for-profit corporation that is a 215
producer engaged, exc luding engagement in agricultural 216
commodities other than citrus, in citrus rootstock or scion 217
breeding, research, or licensing, by agreement with a state land 218
grant university, the department, the Department of Agriculture 219
and Consumer Services, or the Uni ted States Department of 220
Agriculture. If a producer exercises such exclusive 221
availability, the producer must retain the exclusivity for 8 222
years after the date of execution. 223
(b) At the 5-year rolling average cost of citrus bud or 224
grafting material availab le to Florida producers, including a 225
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development incentive that does not exceed 10 percent of the 5 -226
year average. 227
Section 5. For the purpose of incorporating the amendment 228
made by this act to section 601.09, Florida Statutes, in a 229
reference thereto, subse ction (1) of section 600.051, Florida 230
Statutes, is reenacted to read: 231
600.051 Marketing agreements; powers of department. — 232
(1) In order to effectuate the declared policy and 233
purposes of this act, the department shall have the power to 234
enter into, administer, and enforce marketing agreements with 235
handlers and distributors engaged in any one or more of the 236
citrus districts established in and by s. 601.09, in the 237
handling and distributing of citrus fruit in fresh fruit form or 238
any variety or varieties, gra de, size, or quality thereof, 239
regulating the handling of such citrus fruit in the way and 240
manner and to the extent therein prescribed and agreed upon, 241
which said marketing agreements shall be binding only upon the 242
signatories thereto exclusively. The execu tion of any such 243
marketing agreement shall in no manner affect the issuance, 244
administration, or enforcement of any marketing order otherwise 245
provided for by chapter 601, and any marketing agreement 246
executed hereunder shall be ineffective to the extent that it is 247
in conflict with any rule, regulation, marketing order, or 248
marketing agreement under any federal law relating to the 249
handling of citrus fruit grown in Florida. 250
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Section 5. For the purpose of incorporating the amendment 251
made by this act to sectio n 601.13, Florida Statutes, in a 252
reference thereto, paragraph (c) of subsection (8) of section 253
601.10, Florida Statutes, is reenacted to read: 254
601.10 Powers of the Department of Citrus. —The department 255
shall have and shall exercise such general and specif ic powers 256
as are delegated to it by this chapter and other statutes of the 257
state, which powers shall include, but are not limited to, the 258
following: 259
(8) 260
(c) Any nonpublished reports or data related to studies or 261
research conducted, caused to be conducte d, or funded by the 262
department under s. 601.13 is confidential and exempt from s. 263
119.07(1) and s. 24(a), Art. I of the State Constitution. 264
Section 6. For the purpose of incorporating the amendment 265
made by this act to section 601.13, Florida Statutes, in a 266
reference thereto, paragraph (b) of subsection (7) of section 267
601.15, Florida Statutes, is reenacted to read: 268
601.15 Advertising campaign; methods of conducting; 269
assessments; emergency reserve fund; citrus research. — 270
(7) All assessments levied and collected under this 271
chapter shall be paid into the State Treasury on or before the 272
15th day of each month. Such moneys shall be accounted for in a 273
special fund to be designated as the Florida Citrus Advertising 274
Trust Fund, and all moneys in such fund are appropriated to the 275
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department for the following purposes: 276
(b) Moneys in the Florida Citrus Advertising Trust Fund 277
shall be expended for the activities authorized by s. 601.13 and 278
for the cost of those general overhead, research and 279
development, mainten ance, salaries, professional fees, 280
enforcement costs, and other such expenses that are not related 281
to advertising, merchandising, public relations, trade 282
luncheons, publicity, and other associated activities. The cost 283
of general overhead, maintenance, sala ries, professional fees, 284
enforcement costs, and other such expenses that are related to 285
advertising, merchandising, public relations, trade luncheons, 286
publicity, and associated activities shall be paid from the 287
balance of the Florida Citrus Advertising Tru st Fund. 288
Section 7. This act shall take effect July 1, 2022. 289