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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 revisi ng 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
developed as result of research or studies funded by 16
state funds and certain technology be made exclusively 17
available for licensing and commercialization to the 18
Department of Citrus or its designee for a specified 19
timeframe; authorizing the commission to retain the 20
exclusivity for a specified timeframe; amending s. 21
601.992, F.S.; revising eligibility requirements of 22
not-for-profit corporations on whose behalf the 23
Department of Citrus or the Department of Agriculture 24
and Consumer Services may collect certain financial 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
payments; reenacting s. 600.051(1), F.S., relating to 26
marketing agreements and the powers of the Department 27
of Citrus, to incorporate the amendment made to s. 28
601.09, F.S., in a reference the reto; reenacting s. 29
601.15(7)(b), F.S., relating to the use of moneys in 30
the Florida Citrus Advertising Trust Fund, to 31
incorporate the amendment made to s. 601.13, F.S., in 32
a reference thereto; providing an effective date. 33
34
Be It Enacted by the Legisla ture of the State of Florida: 35
36
Section 1. This act may be cited as the "Citrus Recovery 37
Act." 38
Section 2. Section 601.04, Florida Statutes, is amended to 39
read: 40
601.04 Florida Citrus Commission; creation and 41
membership.— 42
(1)(a) There is created w ithin the department the Florida 43
Citrus Commission, which shall be composed of 11 nine members 44
appointed by the Governor. Each member must be a resident 45
citizen of this the state who is and has been actively engaged 46
in the growing, growing and shipping, or growing and processing 47
of citrus fruit in the state for at least 5 years immediately 48
before appointment to the commission and has, during that 5 -year 49
period: 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
1. Derived a major portion of her or his income from such 51
growing, growing and shipping, or gro wing and processing of 52
citrus fruit; or 53
2. Been the owner of, member of, officer of, or paid 54
employee of a corporation, firm, or partnership that has, during 55
that 5-year period, derived the major portion of its income from 56
such growing, growing and shipp ing, or growing and processing of 57
citrus fruit. 58
(b)1. Seven Six members of the commission shall be 59
classified as grower members and shall be primarily engaged in 60
the growing of citrus fruit as an individual owner; as the owner 61
of, or as stockholder of, a corporation; or as a member of a 62
firm or partnership primarily engaged in citrus growing. Such 63
members may not receive any compensation from any licensed 64
citrus fruit dealer or handler, as defined in s. 601.03, other 65
than gift fruit shippers, but any of t he grower members may 66
shall not be disqualified as a member if, individually, or as 67
the owner of, a member of, an officer of, or a stockholder of a 68
corporation, firm, or partnership primarily engaged in citrus 69
growing which processes, packs, and markets it s own fruit and 70
whose business is primarily not purchasing and handling fruit 71
grown by others. 72
2. Three members of the commission shall be classified as 73
processor grower-handler members and shall be engaged as owners, 74
or as paid officers or employees, of a corporation, firm, 75
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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
partnership, or other business unit engaged in canning, 76
concentrating, or otherwise processing citrus fruit for market 77
other than for shipment in fresh fruit form handling citrus 78
fruit. One such member shall be primarily engaged in th e fresh 79
fruit business, and two such members shall be primarily engaged 80
in the processing of citrus fruits. 81
3. One member shall be classified as a packer member and 82
shall be engaged as an owner, or as a paid officer or employee, 83
of a corporation, firm, p artnership, or other business unit that 84
operates as a packinghouse as defined in s. 601.03. The member 85
shall reside in the Indian River production area of this state 86
as defined in s. 601.091(2). 87
4. For purposes of this section, a member's residence is 88
his or her actual physical and permanent residence. 89
(2)(a) One grower member Three commission members shall be 90
appointed from each of the three citrus districts designated in 91
s. 601.09. Members appointed from the same citrus district shall 92
serve staggered terms, such that the term of one of the 93
district's three members expires each year . Each member must 94
reside or grow citrus in the district from which she or he was 95
appointed. For the purposes of this section, a member's 96
residence is her or his actual physi cal 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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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
(c)1. 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
a.1. The terms term of two grower members and one packer 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
b.2. The terms term of two grower members and one 110
processor member one member from each citrus district shall 111
expire June 30, 2023 2013, and their successors her or his 112
successor shall be appointed to terms a term beginning July 1, 113
2023 2013, and expiring May 31, 2026 2016. 114
c.3. The terms term of two grower members and one 115
processor member one member from each citrus district shall 116
expire June 30, 2024 2014, and their successors her or his 117
successor shall be appointed to terms a term beginning July 1, 118
2024 2014, and ending May 31, 2027 2017. 119
2. One grower member and one processor member shall be 120
appointed on or after July 1, 2022, with terms ending May 31, 121
2025. 122
3.4. Subsequent appointments shall be made in accordance 123
with this section. 124
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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
Appointments shall b e made by February 1 preceding the 126
commencement of the term and are subject to confirmation by the 127
Senate in the following legislative session. Each member is 128
eligible for reappointment and shall serve until her or his 129
successor is appointed and qualified. The regular terms begin on 130
June 1 and expire on May 31 of the third year after such 131
appointment. 132
(d)(c) When appointments are made, the Governor shall 133
publicly announce the actual classification and district that 134
each appointee represents. A majority of the currently appointed 135
members of the commission constitutes shall constitute a quorum 136
for the transaction of all business and the carrying out of the 137
duties of the commission. Before entering upon the discharge of 138
their duties as members of the commissi on, each member shall 139
take and subscribe to the oath of office prescribed in s. 5, 140
Art. II of the State Constitution. The qualifications and 141
classification required of each member by this section continue 142
to be required throughout the respective term of of fice, and if 143
a member, after appointment, fails to meet the qualifications or 144
classification that she or he possessed at the time of 145
appointment, the member must resign or be removed and be 146
replaced with a member possessing the proper qualifications and 147
classification. 148
(e)(d) When making an appointment to the commission, the 149
Governor shall announce the district, classification, and term 150
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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
of the person appointed. 151
(3)(a) The commission shall elect a chair and secretary 152
and may elect a vice chair and such o ther officers as the 153
commission deems advisable. 154
(b) The chair, subject to commission concurrence, may 155
appoint such advisory committees or councils composed of 156
industry representatives as the chair deems appropriate, setting 157
forth the committee or counci l concerns that are consistent with 158
the statutory powers and duties of the commission and the 159
department. 160
Section 3. Section 601.09, Florida Statutes, is amended to 161
read: 162
601.09 Citrus districts. — 163
(1) For purposes of this chapter, the state is divi ded 164
into six three districts composed of: 165
(a) Citrus District One: Collier, Hendry, and Lee Levy, 166
Alachua, Brevard, Putnam, St. Johns, St. Lucie, Flagler, Indian 167
River, Marion, Seminole, Orange, Okeechobee, Polk, Volusia, and 168
Osceola Counties. 169
(b) Citrus District Two: Charlotte and Hardee, DeSoto, 170
Highlands, and Glades Counties. 171
(c) Citrus District Three: Glades, Highlands, and 172
Okeechobee Charlotte, Citrus, Collier, Hernando, Hendry, 173
Hillsborough, Lake, Lee, Manatee, Monroe, Martin, Pasco, Palm 174
Beach, Pinellas, Sarasota, Sumter, Broward, and Miami -Dade 175
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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
Counties. 176
(d) Citrus District Four: Hardee, Hillsborough, Manatee, 177
Pinellas, and Sarasota Counties. 178
(e) Citrus District Five: Citrus, Hernando, Levy, Osceola, 179
Pasco, Polk, and Sumter Counties. 180
(f) Citrus District Six: Alachua, Brevard, Broward, 181
Flagler, Indian River, Lake, Marion, Martin, Miami -Dade, Monroe, 182
Orange, Palm Beach, Putnam, St. Johns, Seminole, St. Lucie, and 183
Volusia Counties. 184
(2) The Legislature intends that the citrus districts be 185
reviewed and, if necessary to maintain substantially equal 186
volumes of citrus production within each district, redistricted 187
every 5 years. The commission may, once every 5 years, review 188
the citrus districts based on the total boxes produced within 189
each district during the preceding 5 years and, based on the 190
commission's findings, submit recommendations to the Legislature 191
for redistricting in accordance with this subsection. 192
Section 4. Subsection (3) of section 601.13, Florida 193
Statutes, is renumbered as sub section (5), and a new subsection 194
(3) and subsection (4) are added to that section to read: 195
601.13 Citrus research; administration by Department of 196
Citrus; appropriation. — 197
(3) An entity that solicits research proposals and awards 198
funding for those prop osals expending funds received from the 199
State Treasury on citrus production research conducted pursuant 200
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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
to chapter 573, as recommended by the Citrus Research and 201
Development Foundation, Inc., or conducted through contract with 202
the department shall deliver a report that includes all of the 203
following information to the commission biannually and at the 204
request of the commission: 205
(a) Project plans selected for funding. 206
(b) The financial status of the projects. 207
(c) Current findings of the funded research. 208
(d) Availability of citrus products or application of 209
growers' practices found through funded research. 210
(e) The status of the commercialization process of such 211
products or practices. 212
(4) Before being released for sale to the general public, 213
any new variety of citrus fruit which is developed as a result 214
of any research or study accomplished using any percentage of 215
funds from the State Treasury as well as any technology that 216
enhances the marketability of new or current citrus fruit 217
varieties must be mad e available as a first option for licensing 218
and commercialization for a period of 90 days, under 219
commercially reasonable terms, exclusively to the department or 220
its designee. If the department or its designee exercises such 221
exclusive license, the Florida C itrus Commission may retain the 222
exclusivity for up to 8 years after the date of execution. 223
Section 5. Section 601.992, Florida Statutes, is amended 224
to read: 225
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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
601.992 Collection of dues and other payments on behalf of 226
certain nonprofit corporations eng aged in market news and grower 227
education.—The Department of Citrus or the Department of 228
Agriculture or their successors may collect or compel the 229
entities regulated by the Department of Citrus to collect dues, 230
contributions, or any other financial payment upon request by, 231
and on behalf of, any not -for-profit corporation and its related 232
not-for-profit corporations located in this state that receive 233
payments or dues from their members. Such not -for-profit 234
corporation must be engaged, to the exclusion of agric ultural 235
commodities other than citrus, in market news and grower 236
education solely for citrus growers, and must have at least 237
2,500 5,000 members who are engaged in growing citrus in this 238
state for commercial sale. The Department of Citrus may adopt 239
rules to administer this section. The rules may establish 240
indemnity requirements for the requesting corporation and for 241
fees to be charged to the corporation that are sufficient but do 242
not exceed the amount necessary to ensure that any direct costs 243
incurred by the Department of Citrus in implementing this 244
section are borne by the requesting corporation and not by the 245
Department of Citrus. 246
Section 6. For the purpose of incorporating the amendment 247
made by this act to section 601.09, Florida Statutes, in a 248
reference thereto, subsection (1) of section 600.051, Florida 249
Statutes, is reenacted to read: 250
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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
600.051 Marketing agreements; powers of department. — 251
(1) In order to effectuate the declared policy and 252
purposes of this act, the department shall have the power to 253
enter into, administer, and enforce marketing agreements with 254
handlers and distributors engaged in any one or more of the 255
citrus districts established in and by s. 601.09, in the 256
handling and distributing of citrus fruit in fresh fruit form or 257
any variety or varieties, grade, size, or quality thereof, 258
regulating the handling of such citrus fruit in the way and 259
manner and to the extent therein prescribed and agreed upon, 260
which said marketing agreements shall be binding only upon the 261
signatories thereto excl usively. The execution of any such 262
marketing agreement shall in no manner affect the issuance, 263
administration, or enforcement of any marketing order otherwise 264
provided for by chapter 601, and any marketing agreement 265
executed hereunder shall be ineffective to the extent that it is 266
in conflict with any rule, regulation, marketing order, or 267
marketing agreement under any federal law relating to the 268
handling of citrus fruit grown in Florida. 269
Section 7. For the purpose of incorporating the amendment 270
made by this act to section 601.13, Florida Statutes, in a 271
reference thereto, paragraph (b) of subsection (7) of section 272
601.15, Florida Statutes, is reenacted to read: 273
601.15 Advertising campaign; methods of conducting; 274
assessments; emergency reserve fund; citru s research.— 275
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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
(7) All assessments levied and collected under this 276
chapter shall be paid into the State Treasury on or before the 277
15th day of each month. Such moneys shall be accounted for in a 278
special fund to be designated as the Florida Citrus Advertisin g 279
Trust Fund, and all moneys in such fund are appropriated to the 280
department for the following purposes: 281
(b) Moneys in the Florida Citrus Advertising Trust Fund 282
shall be expended for the activities authorized by s. 601.13 and 283
for the cost of those genera l overhead, research and 284
development, maintenance, salaries, professional fees, 285
enforcement costs, and other such expenses that are not related 286
to advertising, merchandising, public relations, trade 287
luncheons, publicity, and other associated activities. Th e cost 288
of general overhead, maintenance, salaries, professional fees, 289
enforcement costs, and other such expenses that are related to 290
advertising, merchandising, public relations, trade luncheons, 291
publicity, and associated activities shall be paid from the 292
balance of the Florida Citrus Advertising Trust Fund. 293
Section 8. This act shall take effect July 1, 2022. 294