Florida 2022 Regular Session

Florida House Bill H1097 Compare Versions

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1010 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
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14+A bill to be entitled 1
1515 An act relating to Florida citrus; providing a short 2
1616 title; amending s. 601.04, F.S.; revising the 3
1717 membership of the Florida Citrus Commission; requiring 4
1818 members to meet certain requirements; revising 5
1919 commission appointments to achieve staggered terms for 6
2020 the newly appointed members; revising the requirements 7
2121 for a quorum; amending s. 601.09, F.S.; increasing the 8
2222 number of citrus districts in this state and revisi ng 9
2323 the counties that comprise each district; amending s. 10
2424 601.13, F.S.; requiring certain entities to provide 11
2525 reports on citrus production research to the 12
2626 commission at specified intervals and upon request of 13
2727 the commission; specifying requirements for the 14
2828 reports; requiring that new varieties of citrus fruit 15
2929 developed as result of research or studies funded by 16
3030 state funds and certain technology be made exclusively 17
3131 available for licensing and commercialization to the 18
3232 Department of Citrus or its designee for a specified 19
3333 timeframe; authorizing the commission to retain the 20
3434 exclusivity for a specified timeframe; amending s. 21
3535 601.992, F.S.; revising eligibility requirements of 22
3636 not-for-profit corporations on whose behalf the 23
3737 Department of Citrus or the Department of Agriculture 24
3838 and Consumer Services may collect certain financial 25
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4747 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
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5151 payments; reenacting s. 600.051(1), F.S., relating to 26
5252 marketing agreements and the powers of the Department 27
5353 of Citrus, to incorporate the amendment made to s. 28
5454 601.09, F.S., in a reference the reto; reenacting s. 29
5555 601.15(7)(b), F.S., relating to the use of moneys in 30
5656 the Florida Citrus Advertising Trust Fund, to 31
5757 incorporate the amendment made to s. 601.13, F.S., in 32
5858 a reference thereto; providing an effective date. 33
5959 34
6060 Be It Enacted by the Legisla ture of the State of Florida: 35
6161 36
6262 Section 1. This act may be cited as the "Citrus Recovery 37
6363 Act." 38
6464 Section 2. Section 601.04, Florida Statutes, is amended to 39
6565 read: 40
6666 601.04 Florida Citrus Commission; creation and 41
6767 membership.— 42
6868 (1)(a) There is created w ithin the department the Florida 43
6969 Citrus Commission, which shall be composed of 11 nine members 44
7070 appointed by the Governor. Each member must be a resident 45
7171 citizen of this the state who is and has been actively engaged 46
7272 in the growing, growing and shipping, or growing and processing 47
7373 of citrus fruit in the state for at least 5 years immediately 48
7474 before appointment to the commission and has, during that 5 -year 49
7575 period: 50
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8484 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
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8888 1. Derived a major portion of her or his income from such 51
8989 growing, growing and shipping, or gro wing and processing of 52
9090 citrus fruit; or 53
9191 2. Been the owner of, member of, officer of, or paid 54
9292 employee of a corporation, firm, or partnership that has, during 55
9393 that 5-year period, derived the major portion of its income from 56
9494 such growing, growing and shipp ing, or growing and processing of 57
9595 citrus fruit. 58
9696 (b)1. Seven Six members of the commission shall be 59
9797 classified as grower members and shall be primarily engaged in 60
9898 the growing of citrus fruit as an individual owner; as the owner 61
9999 of, or as stockholder of, a corporation; or as a member of a 62
100100 firm or partnership primarily engaged in citrus growing. Such 63
101101 members may not receive any compensation from any licensed 64
102102 citrus fruit dealer or handler, as defined in s. 601.03, other 65
103103 than gift fruit shippers, but any of t he grower members may 66
104104 shall not be disqualified as a member if, individually, or as 67
105105 the owner of, a member of, an officer of, or a stockholder of a 68
106106 corporation, firm, or partnership primarily engaged in citrus 69
107107 growing which processes, packs, and markets it s own fruit and 70
108108 whose business is primarily not purchasing and handling fruit 71
109109 grown by others. 72
110110 2. Three members of the commission shall be classified as 73
111111 processor grower-handler members and shall be engaged as owners, 74
112112 or as paid officers or employees, of a corporation, firm, 75
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121121 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
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125125 partnership, or other business unit engaged in canning, 76
126126 concentrating, or otherwise processing citrus fruit for market 77
127127 other than for shipment in fresh fruit form handling citrus 78
128128 fruit. One such member shall be primarily engaged in th e fresh 79
129129 fruit business, and two such members shall be primarily engaged 80
130130 in the processing of citrus fruits. 81
131131 3. One member shall be classified as a packer member and 82
132132 shall be engaged as an owner, or as a paid officer or employee, 83
133133 of a corporation, firm, p artnership, or other business unit that 84
134134 operates as a packinghouse as defined in s. 601.03. The member 85
135135 shall reside in the Indian River production area of this state 86
136136 as defined in s. 601.091(2). 87
137137 4. For purposes of this section, a member's residence is 88
138138 his or her actual physical and permanent residence. 89
139139 (2)(a) One grower member Three commission members shall be 90
140140 appointed from each of the three citrus districts designated in 91
141141 s. 601.09. Members appointed from the same citrus district shall 92
142142 serve staggered terms, such that the term of one of the 93
143143 district's three members expires each year . Each member must 94
144144 reside or grow citrus in the district from which she or he was 95
145145 appointed. For the purposes of this section, a member's 96
146146 residence is her or his actual physi cal and permanent residence. 97
147147 (b) One grower member shall be a grower with a citrus 98
148148 producing area of more than 5,001 acres. The grower must reside 99
149149 and grow citrus in this state. 100
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158158 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
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162162 (c)1. Members shall be appointed to terms of 3 years each, 101
163163 except that, to establish staggered terms of members from each 102
164164 citrus district, the terms of members appointed before July 1, 103
165165 2022 2012, shall be shortened as follows: 104
166166 a.1. The terms term of two grower members and one packer 105
167167 member one member from each citrus district shall expire June 106
168168 30, 2022 2012, and their successors her or his successor shall 107
169169 be appointed to terms a term beginning July 1, 2022 2012, and 108
170170 expiring May 31, 2025 2015. 109
171171 b.2. The terms term of two grower members and one 110
172172 processor member one member from each citrus district shall 111
173173 expire June 30, 2023 2013, and their successors her or his 112
174174 successor shall be appointed to terms a term beginning July 1, 113
175175 2023 2013, and expiring May 31, 2026 2016. 114
176176 c.3. The terms term of two grower members and one 115
177177 processor member one member from each citrus district shall 116
178178 expire June 30, 2024 2014, and their successors her or his 117
179179 successor shall be appointed to terms a term beginning July 1, 118
180180 2024 2014, and ending May 31, 2027 2017. 119
181181 2. One grower member and one processor member shall be 120
182182 appointed on or after July 1, 2022, with terms ending May 31, 121
183183 2025. 122
184184 3.4. Subsequent appointments shall be made in accordance 123
185185 with this section. 124
186186 125
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195195 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
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199199 Appointments shall b e made by February 1 preceding the 126
200200 commencement of the term and are subject to confirmation by the 127
201201 Senate in the following legislative session. Each member is 128
202202 eligible for reappointment and shall serve until her or his 129
203203 successor is appointed and qualified. The regular terms begin on 130
204204 June 1 and expire on May 31 of the third year after such 131
205205 appointment. 132
206206 (d)(c) When appointments are made, the Governor shall 133
207207 publicly announce the actual classification and district that 134
208208 each appointee represents. A majority of the currently appointed 135
209209 members of the commission constitutes shall constitute a quorum 136
210210 for the transaction of all business and the carrying out of the 137
211211 duties of the commission. Before entering upon the discharge of 138
212212 their duties as members of the commissi on, each member shall 139
213213 take and subscribe to the oath of office prescribed in s. 5, 140
214214 Art. II of the State Constitution. The qualifications and 141
215215 classification required of each member by this section continue 142
216216 to be required throughout the respective term of of fice, and if 143
217217 a member, after appointment, fails to meet the qualifications or 144
218218 classification that she or he possessed at the time of 145
219219 appointment, the member must resign or be removed and be 146
220220 replaced with a member possessing the proper qualifications and 147
221221 classification. 148
222222 (e)(d) When making an appointment to the commission, the 149
223223 Governor shall announce the district, classification, and term 150
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232232 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
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236236 of the person appointed. 151
237237 (3)(a) The commission shall elect a chair and secretary 152
238238 and may elect a vice chair and such o ther officers as the 153
239239 commission deems advisable. 154
240240 (b) The chair, subject to commission concurrence, may 155
241241 appoint such advisory committees or councils composed of 156
242242 industry representatives as the chair deems appropriate, setting 157
243243 forth the committee or counci l concerns that are consistent with 158
244244 the statutory powers and duties of the commission and the 159
245245 department. 160
246246 Section 3. Section 601.09, Florida Statutes, is amended to 161
247247 read: 162
248248 601.09 Citrus districts. — 163
249249 (1) For purposes of this chapter, the state is divi ded 164
250250 into six three districts composed of: 165
251251 (a) Citrus District One: Collier, Hendry, and Lee Levy, 166
252252 Alachua, Brevard, Putnam, St. Johns, St. Lucie, Flagler, Indian 167
253253 River, Marion, Seminole, Orange, Okeechobee, Polk, Volusia, and 168
254254 Osceola Counties. 169
255255 (b) Citrus District Two: Charlotte and Hardee, DeSoto, 170
256256 Highlands, and Glades Counties. 171
257257 (c) Citrus District Three: Glades, Highlands, and 172
258258 Okeechobee Charlotte, Citrus, Collier, Hernando, Hendry, 173
259259 Hillsborough, Lake, Lee, Manatee, Monroe, Martin, Pasco, Palm 174
260260 Beach, Pinellas, Sarasota, Sumter, Broward, and Miami -Dade 175
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269269 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
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273273 Counties. 176
274274 (d) Citrus District Four: Hardee, Hillsborough, Manatee, 177
275275 Pinellas, and Sarasota Counties. 178
276276 (e) Citrus District Five: Citrus, Hernando, Levy, Osceola, 179
277277 Pasco, Polk, and Sumter Counties. 180
278278 (f) Citrus District Six: Alachua, Brevard, Broward, 181
279279 Flagler, Indian River, Lake, Marion, Martin, Miami -Dade, Monroe, 182
280280 Orange, Palm Beach, Putnam, St. Johns, Seminole, St. Lucie, and 183
281281 Volusia Counties. 184
282282 (2) The Legislature intends that the citrus districts be 185
283283 reviewed and, if necessary to maintain substantially equal 186
284284 volumes of citrus production within each district, redistricted 187
285285 every 5 years. The commission may, once every 5 years, review 188
286286 the citrus districts based on the total boxes produced within 189
287287 each district during the preceding 5 years and, based on the 190
288288 commission's findings, submit recommendations to the Legislature 191
289289 for redistricting in accordance with this subsection. 192
290290 Section 4. Subsection (3) of section 601.13, Florida 193
291291 Statutes, is renumbered as sub section (5), and a new subsection 194
292292 (3) and subsection (4) are added to that section to read: 195
293293 601.13 Citrus research; administration by Department of 196
294294 Citrus; appropriation. — 197
295295 (3) An entity that solicits research proposals and awards 198
296296 funding for those prop osals expending funds received from the 199
297297 State Treasury on citrus production research conducted pursuant 200
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306306 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
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310310 to chapter 573, as recommended by the Citrus Research and 201
311311 Development Foundation, Inc., or conducted through contract with 202
312312 the department shall deliver a report that includes all of the 203
313313 following information to the commission biannually and at the 204
314314 request of the commission: 205
315315 (a) Project plans selected for funding. 206
316316 (b) The financial status of the projects. 207
317317 (c) Current findings of the funded research. 208
318318 (d) Availability of citrus products or application of 209
319319 growers' practices found through funded research. 210
320320 (e) The status of the commercialization process of such 211
321321 products or practices. 212
322322 (4) Before being released for sale to the general public, 213
323323 any new variety of citrus fruit which is developed as a result 214
324324 of any research or study accomplished using any percentage of 215
325325 funds from the State Treasury as well as any technology that 216
326326 enhances the marketability of new or current citrus fruit 217
327327 varieties must be mad e available as a first option for licensing 218
328328 and commercialization for a period of 90 days, under 219
329329 commercially reasonable terms, exclusively to the department or 220
330330 its designee. If the department or its designee exercises such 221
331331 exclusive license, the Florida C itrus Commission may retain the 222
332332 exclusivity for up to 8 years after the date of execution. 223
333333 Section 5. Section 601.992, Florida Statutes, is amended 224
334334 to read: 225
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343343 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
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347347 601.992 Collection of dues and other payments on behalf of 226
348348 certain nonprofit corporations eng aged in market news and grower 227
349349 education.—The Department of Citrus or the Department of 228
350350 Agriculture or their successors may collect or compel the 229
351351 entities regulated by the Department of Citrus to collect dues, 230
352352 contributions, or any other financial payment upon request by, 231
353353 and on behalf of, any not -for-profit corporation and its related 232
354354 not-for-profit corporations located in this state that receive 233
355355 payments or dues from their members. Such not -for-profit 234
356356 corporation must be engaged, to the exclusion of agric ultural 235
357357 commodities other than citrus, in market news and grower 236
358358 education solely for citrus growers, and must have at least 237
359359 2,500 5,000 members who are engaged in growing citrus in this 238
360360 state for commercial sale. The Department of Citrus may adopt 239
361361 rules to administer this section. The rules may establish 240
362362 indemnity requirements for the requesting corporation and for 241
363363 fees to be charged to the corporation that are sufficient but do 242
364364 not exceed the amount necessary to ensure that any direct costs 243
365365 incurred by the Department of Citrus in implementing this 244
366366 section are borne by the requesting corporation and not by the 245
367367 Department of Citrus. 246
368368 Section 6. For the purpose of incorporating the amendment 247
369369 made by this act to section 601.09, Florida Statutes, in a 248
370370 reference thereto, subsection (1) of section 600.051, Florida 249
371371 Statutes, is reenacted to read: 250
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380380 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
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384384 600.051 Marketing agreements; powers of department. — 251
385385 (1) In order to effectuate the declared policy and 252
386386 purposes of this act, the department shall have the power to 253
387387 enter into, administer, and enforce marketing agreements with 254
388388 handlers and distributors engaged in any one or more of the 255
389389 citrus districts established in and by s. 601.09, in the 256
390390 handling and distributing of citrus fruit in fresh fruit form or 257
391391 any variety or varieties, grade, size, or quality thereof, 258
392392 regulating the handling of such citrus fruit in the way and 259
393393 manner and to the extent therein prescribed and agreed upon, 260
394394 which said marketing agreements shall be binding only upon the 261
395395 signatories thereto excl usively. The execution of any such 262
396396 marketing agreement shall in no manner affect the issuance, 263
397397 administration, or enforcement of any marketing order otherwise 264
398398 provided for by chapter 601, and any marketing agreement 265
399399 executed hereunder shall be ineffective to the extent that it is 266
400400 in conflict with any rule, regulation, marketing order, or 267
401401 marketing agreement under any federal law relating to the 268
402402 handling of citrus fruit grown in Florida. 269
403403 Section 7. For the purpose of incorporating the amendment 270
404404 made by this act to section 601.13, Florida Statutes, in a 271
405405 reference thereto, paragraph (b) of subsection (7) of section 272
406406 601.15, Florida Statutes, is reenacted to read: 273
407407 601.15 Advertising campaign; methods of conducting; 274
408408 assessments; emergency reserve fund; citru s research.— 275
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417417 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
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421421 (7) All assessments levied and collected under this 276
422422 chapter shall be paid into the State Treasury on or before the 277
423423 15th day of each month. Such moneys shall be accounted for in a 278
424424 special fund to be designated as the Florida Citrus Advertisin g 279
425425 Trust Fund, and all moneys in such fund are appropriated to the 280
426426 department for the following purposes: 281
427427 (b) Moneys in the Florida Citrus Advertising Trust Fund 282
428428 shall be expended for the activities authorized by s. 601.13 and 283
429429 for the cost of those genera l overhead, research and 284
430430 development, maintenance, salaries, professional fees, 285
431431 enforcement costs, and other such expenses that are not related 286
432432 to advertising, merchandising, public relations, trade 287
433433 luncheons, publicity, and other associated activities. Th e cost 288
434434 of general overhead, maintenance, salaries, professional fees, 289
435435 enforcement costs, and other such expenses that are related to 290
436436 advertising, merchandising, public relations, trade luncheons, 291
437437 publicity, and associated activities shall be paid from the 292
438438 balance of the Florida Citrus Advertising Trust Fund. 293
439439 Section 8. This act shall take effect July 1, 2022. 294