Florida Senate - 2022 SB 1002 By Senator Burgess 20-00784-22 20221002__ 1 A bill to be entitled 2 An act relating to Florida citrus; providing a short 3 title; amending s. 601.04, F.S.; revising the 4 membership of the Florida Citrus Commission; requiring 5 members to meet certain requirements; revising 6 commission appointments to achieve staggered terms for 7 the newly appointed members; revising the requirements 8 for a quorum; amending s. 601.09, F.S.; increasing the 9 number of citrus districts in this state and revising 10 the counties that comprise each district; amending s. 11 601.13, F.S.; requiring certain entities to provide 12 reports on citrus production research to the 13 commission at specified intervals and upon request of 14 the commission; specifying requirements for the 15 reports; requiring that new varieties of citrus fruit 16 produced from research or studies funded by state 17 funds be made exclusively available for licensing and 18 purchase to certain Florida producers for a specified 19 timeframe; requiring producers who receive such 20 exclusivity to retain the exclusivity for a specified 21 timeframe; providing pricing requirements for such 22 arrangements; reenacting s. 600.051(1), F.S., relating 23 to marketing agreements and the powers of the 24 Department of Citrus, to incorporate the amendment 25 made to s. 601.09, F.S., in a reference thereto; 26 reenacting ss. 601.10(8)(c) and 601.15(7)(b), F.S., 27 relating to powers of the department and the use of 28 moneys in the Florida Citrus Advertising Trust Fund, 29 respectively, to incorporate the amendment made to s. 30 601.13, F.S., in references thereto; providing an 31 effective date. 32 33 Be It Enacted by the Legislature of the State of Florida: 34 35 Section 1.This act may be cited as the Citrus Recovery 36 Act. 37 Section 2.Section 601.04, Florida Statutes, is amended to 38 read: 39 601.04Florida Citrus Commission; creation and 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 growing 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 and processing of 50 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, or 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 corporation; 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 grower 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 corporation, firm, 73 partnership, or other business unit engaged in canning, 74 concentrating, or otherwise processing citrus fruit for market 75 other than for shipment in fresh fruit form handling citrus 76 fruit. One such member shall be primarily engaged in the fresh 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, partnership, 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. 85 4.For purposes of this section, a members 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 and 5,000 acres Members appointed 91 from the same citrus district shall serve staggered terms, such 92 that the term of one of the districts three members expires 93 each year. Each member must reside or grow citrus in the 94 district from which she or he was appointed. For the purposes of 95 this section, a members 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 (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 with 120 this section. 121 122 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 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 represents. 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 members 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 respective 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 qualifications 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 and 149 may elect a vice chair and such other officers as the commission 150 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: 159 601.09Citrus districts. 160 (1)For purposes of this chapter, the state is divided into 161 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 (e)Citrus District Five: Citrus, Hernando, Levy, Osceola, 176 Pasco, Polk, and Sumter 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 citrus 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 produced within 186 each district during the preceding 5 years and, based on the 187 commissions 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: 193 601.13Citrus research; administration by Department of 194 Citrus; appropriation. 195 (3)An entity that expends funds received from the 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 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 developed 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, excluding 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 United 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 available to Florida producers, including a 225 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, subsection (1) of section 600.051, Florida 230 Statutes, is reenacted to read: 231 600.051Marketing agreements; powers of department. 232 (1)In order to effectuate the declared policy and purposes 233 of this act, the department shall have the power to enter into, 234 administer, and enforce marketing agreements with handlers and 235 distributors engaged in any one or more of the citrus districts 236 established in and by s. 601.09, in the handling and 237 distributing of citrus fruit in fresh fruit form or any variety 238 or varieties, grade, size, or quality thereof, regulating the 239 handling of such citrus fruit in the way and manner and to the 240 extent therein prescribed and agreed upon, which said marketing 241 agreements shall be binding only upon the signatories thereto 242 exclusively. The execution of any such marketing agreement shall 243 in no manner affect the issuance, administration, or enforcement 244 of any marketing order otherwise provided for by chapter 601, 245 and any marketing agreement executed hereunder shall be 246 ineffective to the extent that it is in conflict with any rule, 247 regulation, marketing order, or marketing agreement under any 248 federal law relating to the handling of citrus fruit grown in 249 Florida. 250 Section 6.For the purpose of incorporating the amendment 251 made by this act to section 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: 254 601.10Powers of the Department of Citrus.The department 255 shall have and shall exercise such general and specific 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 conducted, 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 7.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: 268 601.15Advertising campaign; methods of conducting; 269 assessments; emergency reserve fund; citrus research. 270 (7)All assessments levied and collected under this chapter 271 shall be paid into the State Treasury on or before the 15th day 272 of each month. Such moneys shall be accounted for in a special 273 fund to be designated as the Florida Citrus Advertising Trust 274 Fund, and all moneys in such fund are appropriated to the 275 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, maintenance, 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, salaries, 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 Trust Fund. 288 Section 8.This act shall take effect July 1, 2022.