15 | 15 | | An act relating to Florida citrus; providing a short 2 |
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16 | 16 | | title; amending s. 601.04, F.S.; revising the 3 |
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17 | 17 | | membership of the Florida Citrus Commission; requiring 4 |
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18 | 18 | | members to meet certain requirements; revising 5 |
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19 | 19 | | commission appointments to achieve staggered terms for 6 |
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20 | 20 | | the newly appointed members; revising the requirements 7 |
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21 | 21 | | for a quorum; amending s. 601.09, F.S.; increasing the 8 |
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22 | 22 | | number of citrus districts in this state and revisi ng 9 |
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23 | 23 | | the counties that comprise each district; amending s. 10 |
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24 | 24 | | 601.13, F.S.; requiring certain entities to provide 11 |
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25 | 25 | | reports on citrus production research to the 12 |
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26 | 26 | | commission at specified intervals and upon request of 13 |
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27 | 27 | | the commission; specifying requirements for the 14 |
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28 | 28 | | reports; requiring that new varieties of citrus fruit 15 |
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29 | 29 | | developed as result of research or studies funded by 16 |
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30 | 30 | | state funds and certain technology be made exclusively 17 |
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31 | 31 | | available for licensing and commercialization to the 18 |
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32 | 32 | | Department of Citrus or its designee for a specified 19 |
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33 | 33 | | timeframe; authorizing the commission to retain the 20 |
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34 | 34 | | exclusivity for a specified timeframe; amending s. 21 |
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35 | 35 | | 601.992, F.S.; revising eligibility requirements of 22 |
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36 | 36 | | not-for-profit corporations on whose behalf the 23 |
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37 | 37 | | Department of Citrus or the Department of Agriculture 24 |
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38 | 38 | | and Consumer Services may collect certain financial 25 |
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46 | 46 | | Page 2 of 12 |
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47 | 47 | | 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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48 | 48 | | |
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49 | 49 | | |
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50 | 50 | | |
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51 | 51 | | payments; reenacting s. 600.051(1), F.S., relating to 26 |
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52 | 52 | | marketing agreements and the powers of the Department 27 |
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53 | 53 | | of Citrus, to incorporate the amendment made to s. 28 |
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54 | 54 | | 601.09, F.S., in a reference the reto; reenacting s. 29 |
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55 | 55 | | 601.15(7)(b), F.S., relating to the use of moneys in 30 |
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56 | 56 | | the Florida Citrus Advertising Trust Fund, to 31 |
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57 | 57 | | incorporate the amendment made to s. 601.13, F.S., in 32 |
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58 | 58 | | a reference thereto; providing an effective date. 33 |
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59 | 59 | | 34 |
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60 | 60 | | Be It Enacted by the Legisla ture of the State of Florida: 35 |
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61 | 61 | | 36 |
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62 | 62 | | Section 1. This act may be cited as the "Citrus Recovery 37 |
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63 | 63 | | Act." 38 |
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64 | 64 | | Section 2. Section 601.04, Florida Statutes, is amended to 39 |
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65 | 65 | | read: 40 |
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66 | 66 | | 601.04 Florida Citrus Commission; creation and 41 |
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67 | 67 | | membership.— 42 |
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68 | 68 | | (1)(a) There is created w ithin the department the Florida 43 |
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69 | 69 | | Citrus Commission, which shall be composed of 11 nine members 44 |
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70 | 70 | | appointed by the Governor. Each member must be a resident 45 |
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71 | 71 | | citizen of this the state who is and has been actively engaged 46 |
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72 | 72 | | in the growing, growing and shipping, or growing and processing 47 |
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73 | 73 | | of citrus fruit in the state for at least 5 years immediately 48 |
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74 | 74 | | before appointment to the commission and has, during that 5 -year 49 |
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75 | 75 | | period: 50 |
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83 | 83 | | Page 3 of 12 |
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84 | 84 | | 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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85 | 85 | | |
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86 | 86 | | |
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87 | 87 | | |
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88 | 88 | | 1. Derived a major portion of her or his income from such 51 |
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89 | 89 | | growing, growing and shipping, or gro wing and processing of 52 |
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90 | 90 | | citrus fruit; or 53 |
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91 | 91 | | 2. Been the owner of, member of, officer of, or paid 54 |
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92 | 92 | | employee of a corporation, firm, or partnership that has, during 55 |
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93 | 93 | | that 5-year period, derived the major portion of its income from 56 |
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94 | 94 | | such growing, growing and shipp ing, or growing and processing of 57 |
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95 | 95 | | citrus fruit. 58 |
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96 | 96 | | (b)1. Seven Six members of the commission shall be 59 |
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97 | 97 | | classified as grower members and shall be primarily engaged in 60 |
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98 | 98 | | the growing of citrus fruit as an individual owner; as the owner 61 |
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99 | 99 | | of, or as stockholder of, a corporation; or as a member of a 62 |
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100 | 100 | | firm or partnership primarily engaged in citrus growing. Such 63 |
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101 | 101 | | members may not receive any compensation from any licensed 64 |
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102 | 102 | | citrus fruit dealer or handler, as defined in s. 601.03, other 65 |
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103 | 103 | | than gift fruit shippers, but any of t he grower members may 66 |
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104 | 104 | | shall not be disqualified as a member if, individually, or as 67 |
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105 | 105 | | the owner of, a member of, an officer of, or a stockholder of a 68 |
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106 | 106 | | corporation, firm, or partnership primarily engaged in citrus 69 |
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107 | 107 | | growing which processes, packs, and markets it s own fruit and 70 |
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108 | 108 | | whose business is primarily not purchasing and handling fruit 71 |
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109 | 109 | | grown by others. 72 |
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110 | 110 | | 2. Three members of the commission shall be classified as 73 |
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111 | 111 | | processor grower-handler members and shall be engaged as owners, 74 |
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112 | 112 | | or as paid officers or employees, of a corporation, firm, 75 |
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120 | 120 | | Page 4 of 12 |
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121 | 121 | | 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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122 | 122 | | |
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123 | 123 | | |
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124 | 124 | | |
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125 | 125 | | partnership, or other business unit engaged in canning, 76 |
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126 | 126 | | concentrating, or otherwise processing citrus fruit for market 77 |
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127 | 127 | | other than for shipment in fresh fruit form handling citrus 78 |
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128 | 128 | | fruit. One such member shall be primarily engaged in th e fresh 79 |
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129 | 129 | | fruit business, and two such members shall be primarily engaged 80 |
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130 | 130 | | in the processing of citrus fruits. 81 |
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131 | 131 | | 3. One member shall be classified as a packer member and 82 |
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132 | 132 | | shall be engaged as an owner, or as a paid officer or employee, 83 |
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133 | 133 | | of a corporation, firm, p artnership, or other business unit that 84 |
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134 | 134 | | operates as a packinghouse as defined in s. 601.03. The member 85 |
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135 | 135 | | shall reside in the Indian River production area of this state 86 |
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136 | 136 | | as defined in s. 601.091(2). 87 |
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137 | 137 | | 4. For purposes of this section, a member's residence is 88 |
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138 | 138 | | his or her actual physical and permanent residence. 89 |
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139 | 139 | | (2)(a) One grower member Three commission members shall be 90 |
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140 | 140 | | appointed from each of the three citrus districts designated in 91 |
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141 | 141 | | s. 601.09. Members appointed from the same citrus district shall 92 |
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142 | 142 | | serve staggered terms, such that the term of one of the 93 |
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143 | 143 | | district's three members expires each year . Each member must 94 |
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144 | 144 | | reside or grow citrus in the district from which she or he was 95 |
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145 | 145 | | appointed. For the purposes of this section, a member's 96 |
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146 | 146 | | residence is her or his actual physi cal and permanent residence. 97 |
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147 | 147 | | (b) One grower member shall be a grower with a citrus 98 |
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148 | 148 | | producing area of more than 5,001 acres. The grower must reside 99 |
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149 | 149 | | and grow citrus in this state. 100 |
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157 | 157 | | Page 5 of 12 |
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158 | 158 | | 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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159 | 159 | | |
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160 | 160 | | |
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161 | 161 | | |
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162 | 162 | | (c)1. Members shall be appointed to terms of 3 years each, 101 |
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163 | 163 | | except that, to establish staggered terms of members from each 102 |
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164 | 164 | | citrus district, the terms of members appointed before July 1, 103 |
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165 | 165 | | 2022 2012, shall be shortened as follows: 104 |
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166 | 166 | | a.1. The terms term of two grower members and one packer 105 |
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167 | 167 | | member one member from each citrus district shall expire June 106 |
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168 | 168 | | 30, 2022 2012, and their successors her or his successor shall 107 |
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169 | 169 | | be appointed to terms a term beginning July 1, 2022 2012, and 108 |
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170 | 170 | | expiring May 31, 2025 2015. 109 |
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171 | 171 | | b.2. The terms term of two grower members and one 110 |
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172 | 172 | | processor member one member from each citrus district shall 111 |
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173 | 173 | | expire June 30, 2023 2013, and their successors her or his 112 |
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174 | 174 | | successor shall be appointed to terms a term beginning July 1, 113 |
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175 | 175 | | 2023 2013, and expiring May 31, 2026 2016. 114 |
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176 | 176 | | c.3. The terms term of two grower members and one 115 |
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177 | 177 | | processor member one member from each citrus district shall 116 |
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178 | 178 | | expire June 30, 2024 2014, and their successors her or his 117 |
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179 | 179 | | successor shall be appointed to terms a term beginning July 1, 118 |
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180 | 180 | | 2024 2014, and ending May 31, 2027 2017. 119 |
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181 | 181 | | 2. One grower member and one processor member shall be 120 |
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182 | 182 | | appointed on or after July 1, 2022, with terms ending May 31, 121 |
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183 | 183 | | 2025. 122 |
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184 | 184 | | 3.4. Subsequent appointments shall be made in accordance 123 |
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185 | 185 | | with this section. 124 |
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186 | 186 | | 125 |
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194 | 194 | | Page 6 of 12 |
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195 | 195 | | 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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196 | 196 | | |
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197 | 197 | | |
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198 | 198 | | |
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199 | 199 | | Appointments shall b e made by February 1 preceding the 126 |
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200 | 200 | | commencement of the term and are subject to confirmation by the 127 |
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201 | 201 | | Senate in the following legislative session. Each member is 128 |
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202 | 202 | | eligible for reappointment and shall serve until her or his 129 |
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203 | 203 | | successor is appointed and qualified. The regular terms begin on 130 |
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204 | 204 | | June 1 and expire on May 31 of the third year after such 131 |
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205 | 205 | | appointment. 132 |
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206 | 206 | | (d)(c) When appointments are made, the Governor shall 133 |
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207 | 207 | | publicly announce the actual classification and district that 134 |
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208 | 208 | | each appointee represents. A majority of the currently appointed 135 |
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209 | 209 | | members of the commission constitutes shall constitute a quorum 136 |
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210 | 210 | | for the transaction of all business and the carrying out of the 137 |
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211 | 211 | | duties of the commission. Before entering upon the discharge of 138 |
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212 | 212 | | their duties as members of the commissi on, each member shall 139 |
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213 | 213 | | take and subscribe to the oath of office prescribed in s. 5, 140 |
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214 | 214 | | Art. II of the State Constitution. The qualifications and 141 |
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215 | 215 | | classification required of each member by this section continue 142 |
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216 | 216 | | to be required throughout the respective term of of fice, and if 143 |
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217 | 217 | | a member, after appointment, fails to meet the qualifications or 144 |
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218 | 218 | | classification that she or he possessed at the time of 145 |
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219 | 219 | | appointment, the member must resign or be removed and be 146 |
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220 | 220 | | replaced with a member possessing the proper qualifications and 147 |
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221 | 221 | | classification. 148 |
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222 | 222 | | (e)(d) When making an appointment to the commission, the 149 |
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223 | 223 | | Governor shall announce the district, classification, and term 150 |
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231 | 231 | | Page 7 of 12 |
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232 | 232 | | 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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233 | 233 | | |
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234 | 234 | | |
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235 | 235 | | |
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236 | 236 | | of the person appointed. 151 |
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237 | 237 | | (3)(a) The commission shall elect a chair and secretary 152 |
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238 | 238 | | and may elect a vice chair and such o ther officers as the 153 |
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239 | 239 | | commission deems advisable. 154 |
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240 | 240 | | (b) The chair, subject to commission concurrence, may 155 |
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241 | 241 | | appoint such advisory committees or councils composed of 156 |
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242 | 242 | | industry representatives as the chair deems appropriate, setting 157 |
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243 | 243 | | forth the committee or counci l concerns that are consistent with 158 |
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244 | 244 | | the statutory powers and duties of the commission and the 159 |
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245 | 245 | | department. 160 |
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246 | 246 | | Section 3. Section 601.09, Florida Statutes, is amended to 161 |
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247 | 247 | | read: 162 |
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248 | 248 | | 601.09 Citrus districts. — 163 |
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249 | 249 | | (1) For purposes of this chapter, the state is divi ded 164 |
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250 | 250 | | into six three districts composed of: 165 |
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251 | 251 | | (a) Citrus District One: Collier, Hendry, and Lee Levy, 166 |
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252 | 252 | | Alachua, Brevard, Putnam, St. Johns, St. Lucie, Flagler, Indian 167 |
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253 | 253 | | River, Marion, Seminole, Orange, Okeechobee, Polk, Volusia, and 168 |
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254 | 254 | | Osceola Counties. 169 |
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255 | 255 | | (b) Citrus District Two: Charlotte and Hardee, DeSoto, 170 |
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256 | 256 | | Highlands, and Glades Counties. 171 |
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257 | 257 | | (c) Citrus District Three: Glades, Highlands, and 172 |
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258 | 258 | | Okeechobee Charlotte, Citrus, Collier, Hernando, Hendry, 173 |
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259 | 259 | | Hillsborough, Lake, Lee, Manatee, Monroe, Martin, Pasco, Palm 174 |
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260 | 260 | | Beach, Pinellas, Sarasota, Sumter, Broward, and Miami -Dade 175 |
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268 | 268 | | Page 8 of 12 |
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269 | 269 | | 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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270 | 270 | | |
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271 | 271 | | |
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272 | 272 | | |
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273 | 273 | | Counties. 176 |
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274 | 274 | | (d) Citrus District Four: Hardee, Hillsborough, Manatee, 177 |
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275 | 275 | | Pinellas, and Sarasota Counties. 178 |
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276 | 276 | | (e) Citrus District Five: Citrus, Hernando, Levy, Osceola, 179 |
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277 | 277 | | Pasco, Polk, and Sumter Counties. 180 |
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278 | 278 | | (f) Citrus District Six: Alachua, Brevard, Broward, 181 |
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279 | 279 | | Flagler, Indian River, Lake, Marion, Martin, Miami -Dade, Monroe, 182 |
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280 | 280 | | Orange, Palm Beach, Putnam, St. Johns, Seminole, St. Lucie, and 183 |
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281 | 281 | | Volusia Counties. 184 |
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282 | 282 | | (2) The Legislature intends that the citrus districts be 185 |
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283 | 283 | | reviewed and, if necessary to maintain substantially equal 186 |
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284 | 284 | | volumes of citrus production within each district, redistricted 187 |
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285 | 285 | | every 5 years. The commission may, once every 5 years, review 188 |
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286 | 286 | | the citrus districts based on the total boxes produced within 189 |
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287 | 287 | | each district during the preceding 5 years and, based on the 190 |
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288 | 288 | | commission's findings, submit recommendations to the Legislature 191 |
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289 | 289 | | for redistricting in accordance with this subsection. 192 |
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290 | 290 | | Section 4. Subsection (3) of section 601.13, Florida 193 |
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291 | 291 | | Statutes, is renumbered as sub section (5), and a new subsection 194 |
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292 | 292 | | (3) and subsection (4) are added to that section to read: 195 |
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293 | 293 | | 601.13 Citrus research; administration by Department of 196 |
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294 | 294 | | Citrus; appropriation. — 197 |
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295 | 295 | | (3) An entity that solicits research proposals and awards 198 |
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296 | 296 | | funding for those prop osals expending funds received from the 199 |
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297 | 297 | | State Treasury on citrus production research conducted pursuant 200 |
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305 | 305 | | Page 9 of 12 |
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306 | 306 | | 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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307 | 307 | | |
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308 | 308 | | |
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309 | 309 | | |
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310 | 310 | | to chapter 573, as recommended by the Citrus Research and 201 |
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311 | 311 | | Development Foundation, Inc., or conducted through contract with 202 |
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312 | 312 | | the department shall deliver a report that includes all of the 203 |
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313 | 313 | | following information to the commission biannually and at the 204 |
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314 | 314 | | request of the commission: 205 |
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315 | 315 | | (a) Project plans selected for funding. 206 |
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316 | 316 | | (b) The financial status of the projects. 207 |
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317 | 317 | | (c) Current findings of the funded research. 208 |
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318 | 318 | | (d) Availability of citrus products or application of 209 |
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319 | 319 | | growers' practices found through funded research. 210 |
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320 | 320 | | (e) The status of the commercialization process of such 211 |
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321 | 321 | | products or practices. 212 |
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322 | 322 | | (4) Before being released for sale to the general public, 213 |
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323 | 323 | | any new variety of citrus fruit which is developed as a result 214 |
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324 | 324 | | of any research or study accomplished using any percentage of 215 |
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325 | 325 | | funds from the State Treasury as well as any technology that 216 |
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326 | 326 | | enhances the marketability of new or current citrus fruit 217 |
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327 | 327 | | varieties must be mad e available as a first option for licensing 218 |
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328 | 328 | | and commercialization for a period of 90 days, under 219 |
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329 | 329 | | commercially reasonable terms, exclusively to the department or 220 |
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330 | 330 | | its designee. If the department or its designee exercises such 221 |
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331 | 331 | | exclusive license, the Florida C itrus Commission may retain the 222 |
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332 | 332 | | exclusivity for up to 8 years after the date of execution. 223 |
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333 | 333 | | Section 5. Section 601.992, Florida Statutes, is amended 224 |
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334 | 334 | | to read: 225 |
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342 | 342 | | Page 10 of 12 |
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343 | 343 | | 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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344 | 344 | | |
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345 | 345 | | |
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346 | 346 | | |
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347 | 347 | | 601.992 Collection of dues and other payments on behalf of 226 |
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348 | 348 | | certain nonprofit corporations eng aged in market news and grower 227 |
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349 | 349 | | education.—The Department of Citrus or the Department of 228 |
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350 | 350 | | Agriculture or their successors may collect or compel the 229 |
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351 | 351 | | entities regulated by the Department of Citrus to collect dues, 230 |
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352 | 352 | | contributions, or any other financial payment upon request by, 231 |
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353 | 353 | | and on behalf of, any not -for-profit corporation and its related 232 |
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354 | 354 | | not-for-profit corporations located in this state that receive 233 |
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355 | 355 | | payments or dues from their members. Such not -for-profit 234 |
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356 | 356 | | corporation must be engaged, to the exclusion of agric ultural 235 |
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357 | 357 | | commodities other than citrus, in market news and grower 236 |
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358 | 358 | | education solely for citrus growers, and must have at least 237 |
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359 | 359 | | 2,500 5,000 members who are engaged in growing citrus in this 238 |
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360 | 360 | | state for commercial sale. The Department of Citrus may adopt 239 |
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361 | 361 | | rules to administer this section. The rules may establish 240 |
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362 | 362 | | indemnity requirements for the requesting corporation and for 241 |
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363 | 363 | | fees to be charged to the corporation that are sufficient but do 242 |
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364 | 364 | | not exceed the amount necessary to ensure that any direct costs 243 |
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365 | 365 | | incurred by the Department of Citrus in implementing this 244 |
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366 | 366 | | section are borne by the requesting corporation and not by the 245 |
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367 | 367 | | Department of Citrus. 246 |
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368 | 368 | | Section 6. For the purpose of incorporating the amendment 247 |
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369 | 369 | | made by this act to section 601.09, Florida Statutes, in a 248 |
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370 | 370 | | reference thereto, subsection (1) of section 600.051, Florida 249 |
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371 | 371 | | Statutes, is reenacted to read: 250 |
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379 | 379 | | Page 11 of 12 |
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380 | 380 | | 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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381 | 381 | | |
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382 | 382 | | |
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383 | 383 | | |
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384 | 384 | | 600.051 Marketing agreements; powers of department. — 251 |
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385 | 385 | | (1) In order to effectuate the declared policy and 252 |
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386 | 386 | | purposes of this act, the department shall have the power to 253 |
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387 | 387 | | enter into, administer, and enforce marketing agreements with 254 |
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388 | 388 | | handlers and distributors engaged in any one or more of the 255 |
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389 | 389 | | citrus districts established in and by s. 601.09, in the 256 |
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390 | 390 | | handling and distributing of citrus fruit in fresh fruit form or 257 |
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391 | 391 | | any variety or varieties, grade, size, or quality thereof, 258 |
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392 | 392 | | regulating the handling of such citrus fruit in the way and 259 |
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393 | 393 | | manner and to the extent therein prescribed and agreed upon, 260 |
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394 | 394 | | which said marketing agreements shall be binding only upon the 261 |
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395 | 395 | | signatories thereto excl usively. The execution of any such 262 |
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396 | 396 | | marketing agreement shall in no manner affect the issuance, 263 |
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397 | 397 | | administration, or enforcement of any marketing order otherwise 264 |
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398 | 398 | | provided for by chapter 601, and any marketing agreement 265 |
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399 | 399 | | executed hereunder shall be ineffective to the extent that it is 266 |
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400 | 400 | | in conflict with any rule, regulation, marketing order, or 267 |
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401 | 401 | | marketing agreement under any federal law relating to the 268 |
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402 | 402 | | handling of citrus fruit grown in Florida. 269 |
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403 | 403 | | Section 7. For the purpose of incorporating the amendment 270 |
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404 | 404 | | made by this act to section 601.13, Florida Statutes, in a 271 |
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405 | 405 | | reference thereto, paragraph (b) of subsection (7) of section 272 |
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406 | 406 | | 601.15, Florida Statutes, is reenacted to read: 273 |
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407 | 407 | | 601.15 Advertising campaign; methods of conducting; 274 |
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408 | 408 | | assessments; emergency reserve fund; citru s research.— 275 |
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416 | 416 | | Page 12 of 12 |
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417 | 417 | | 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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418 | 418 | | |
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419 | 419 | | |
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420 | 420 | | |
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421 | 421 | | (7) All assessments levied and collected under this 276 |
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422 | 422 | | chapter shall be paid into the State Treasury on or before the 277 |
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423 | 423 | | 15th day of each month. Such moneys shall be accounted for in a 278 |
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424 | 424 | | special fund to be designated as the Florida Citrus Advertisin g 279 |
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425 | 425 | | Trust Fund, and all moneys in such fund are appropriated to the 280 |
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426 | 426 | | department for the following purposes: 281 |
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427 | 427 | | (b) Moneys in the Florida Citrus Advertising Trust Fund 282 |
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428 | 428 | | shall be expended for the activities authorized by s. 601.13 and 283 |
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429 | 429 | | for the cost of those genera l overhead, research and 284 |
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430 | 430 | | development, maintenance, salaries, professional fees, 285 |
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431 | 431 | | enforcement costs, and other such expenses that are not related 286 |
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432 | 432 | | to advertising, merchandising, public relations, trade 287 |
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433 | 433 | | luncheons, publicity, and other associated activities. Th e cost 288 |
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434 | 434 | | of general overhead, maintenance, salaries, professional fees, 289 |
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435 | 435 | | enforcement costs, and other such expenses that are related to 290 |
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436 | 436 | | advertising, merchandising, public relations, trade luncheons, 291 |
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437 | 437 | | publicity, and associated activities shall be paid from the 292 |
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438 | 438 | | balance of the Florida Citrus Advertising Trust Fund. 293 |
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439 | 439 | | Section 8. This act shall take effect July 1, 2022. 294 |
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