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2011 Florida Statutes
Chapter 601
FLORIDA CITRUS CODE
FLORIDA CITRUS CODE
CHAPTER 601
FLORIDA CITRUS CODE
601.01 Short title.
601.02 Purposes.
601.03 Definitions.
601.04 Florida Citrus Commission; creation and membership.
601.045 Department auditor’s report; commission meeting agenda item.
601.05 Department of Citrus a body corporate.
601.06 Compensation and expenses of commission members.
601.07 Location of executive offices.
601.08 Authenticated copies of commission records as evidence.
601.09 Citrus districts.
601.091 Florida SunRidge, Indian River, and Gulf production areas, boundaries and designation.
601.10 Powers of the Department of Citrus.
601.101 Ownership of rights under patent and trademark laws developed or acquired pursuant to the authorities of this chapter.
601.11 Power of Department of Citrus to establish standards.
601.111 Department of Citrus authorized to lower maturity standards.
601.13 Citrus research; administration by Department of Citrus; appropriation.
601.15 Advertising campaign; methods of conducting; excise tax; emergency reserve fund; citrus research.
601.152 Special marketing orders.
601.155 Equalizing excise tax; credit; exemption.
601.16 Grapefruit maturity standards; fresh and processed.
601.17 Grapefruit; minimum ratios of solids to acid.
601.18 Grapefruit; minimum juice content.
601.19 Oranges; maturity standards.
601.20 Oranges; minimum ratios of solids to acid.
601.21 Tangerine maturity standards.
601.22 Tangerines; minimum ratios of solids to acid.
601.24 Department of Citrus to prescribe methods of testing and grading.
601.25 Determination of soluble solids and acid.
601.27 Department of Agriculture; citrus inspectors.
601.28 Inspection fees.
601.281 Road guard fees.
601.29 Powers of Department of Agriculture and Consumer Services.
601.31 Citrus inspectors; employment.
601.32 Compensation of inspectors.
601.33 Interference with inspectors.
601.34 Duties of law enforcement officers.
601.35 Disputes as to quality, etc.; procedure.
601.36 Inspection information required when two or more lots of fruit run simultaneously.
601.37 Unlawful acts of inspectors.
601.38 Citrus inspectors; authority.
601.39 Special inspectors.
601.40 Registration of citrus packinghouses, processing plants with department.
601.41 Operation without registration unlawful.
601.42 Revocation of registration.
601.43 Immature and unfit citrus fruit; individual sampling.
601.44 Destruction of immature fruit.
601.45 Grading of fresh citrus fruit.
601.46 Condition precedent to sale of citrus fruit.
601.461 Falsification of weights; penalty.
601.47 Condition precedent to processing citrus.
601.471 Definition of “canned or concentrated citrus fruit products” expanded.
601.48 Grading processed citrus products.
601.49 Condition precedent to selling processed citrus products.
601.50 Exemptions; sale or shipment of citrus or citrus products for certain purposes.
601.501 Charitable shipments tax-exempt.
601.51 Certification required for shipment of citrus fruit or products.
601.52 Carriers not to accept fruit unless same bears evidence of payment of excise taxes.
601.53 Unlawful to process unwholesome citrus.
601.54 Seizure of unwholesome fruit by Department of Agriculture’s agents.
601.55 Citrus fruit dealer; license required.
601.56 Application for dealers’ licenses; requirements.
601.57 Examination of application; approval of dealers’ licenses.
601.58 Application approval or disapproval.
601.59 Dealer’s license fee; agent’s registration fee.
601.60 Issuance of dealers’ licenses.
601.601 Registration of dealers’ agents.
601.61 Bond requirements of citrus fruit dealers.
601.611 Applicable law in event ch. 61-389 held invalid.
601.64 Citrus fruit dealers; unlawful acts.
601.641 Fraudulent representations, penalties.
601.65 Liability of citrus fruit dealers.
601.66 Complaints of violations by citrus fruit dealers; procedure; bond distribution; court action on bond.
601.67 Disciplinary action by Department of Agriculture and Consumer Services against citrus fruit dealers.
601.671 Appropriation of fines collected.
601.68 Investigation of violations.
601.69 Records to be kept by citrus fruit dealers.
601.70 Inspection of records by Department of Agriculture and Consumer Services.
601.701 Penalty for failure to keep records.
601.72 Penalties for violations.
601.73 Additional methods of enforcement.
601.731 Transporting citrus on highways; name and dealer designation on vehicles; load identification; penalty.
601.74 Adoption of rules; fees for licensing and analysis of processing materials.
601.75 Dyes and coloring matter for citrus fruit to be certified prior to use.
601.76 Manufacturer to furnish formula and other information.
601.77 Subsequent analysis of coloring matter; inspection of packinghouses for application.
601.78 Manufacturer to post bond.
601.79 To color grapefruit and tangerines prohibited.
601.80 Unlawful to use uncertified coloring matter.
601.85 Standard shipping box for fresh fruit.
601.86 Standard field boxes for fresh citrus fruit.
601.87 Use of cleats on boxes.
601.88 Oversized boxes to be stamped.
601.89 Citrus fruit; when damaged by freezing.
601.90 Freeze-damaged citrus fruit; power of commission.
601.901 Use of freeze-damaged fruit in frozen concentrated citrus products.
601.91 Unlawful to sell, transport, prepare, receive, or deliver freeze-damaged citrus.
601.92 Use of arsenic in connection with citrus.
601.93 Sale of citrus containing arsenic.
601.94 Fruit containing arsenic; powers of inspection.
601.95 Seizure of citrus fruit containing arsenic.
601.96 Seized fruit; taking samples for analysis.
601.97 Destruction of certain fruit containing arsenic.
601.98 Shipment, sale, or offer of imported citrus fruit or citrus products.
601.981 Permits for export to foreign countries.
601.99 Unlawful to misbrand wrappers or packages containing citrus fruit.
601.9901 Certificates of inspection; form.
601.9902 Payment of salaries and expenses; Department of Citrus.
601.9903 Annual report of Department of Citrus.
601.99035 Annual travel report of Department of Citrus.
601.99036 Approval of specified salary changes.
601.9904 Rules and regulations; frozen citrus juices.
601.9905 Canned orange juice; standards; labeling.
601.9906 Processed grapefruit juice products; standards.
601.9907 Canned blended juice; standards; labeling.
601.9908 Canned tangerine juice; standards; labeling.
601.9909 Frozen concentrated orange juice; requirements; labeling.
601.9910 Legislative findings of fact; strict enforcement of maturity standard in public interest.
601.9911 Fruit may be sold or transported direct from producer.
601.9912 Penalties.
601.9913 High-density frozen concentrated orange juice; standards; labeling.
601.9914 Commission authorized to modify standards by rule.
601.9916 Addition of optional nutritive sweetening ingredients to concentrated orange juice; rules.
601.9918 Rules related to issuance and use of symbols.
601.992 Collection of dues and other payments on behalf of certain nonprofit corporations engaged in market news and grower education.
601.01 Short title.—This chapter may be known and cited as “The Florida Citrus Code of 1949.”
History.—s. 1, ch. 25149, 1949.
601.02 Purposes.—This chapter is passed:
(1) In the exercise of the police power to protect health and welfare and to stabilize and protect the citrus industry of the state.
(2) Because the planting, growing, cultivating, spraying, pruning, and fertilizing of citrus groves and the harvesting, hauling, processing, packing, canning, and concentrating of the citrus crop produced thereon is the major agricultural enterprise of Florida and, together with the sale and distribution of said crop, affects the health, morals, and general economy of a vast number of citizens of the state who are either directly or indirectly dependent thereon for a livelihood, and said business is therefore of vast public interest.
(3) Because it is wise, necessary, and expedient to protect and enhance the quality and reputation of Florida citrus fruit and the canned and concentrated products thereof in domestic and foreign markets.
(4) To provide means whereby producers, packers, canners, and concentrators of citrus fruit and the canned and concentrated products thereof may secure prompt and efficient inspection and classification of grades of citrus fruit and the canned and concentrated products thereof at reasonable costs, it being hereby recognized that the standardization of the citrus fruit industry of Florida by the proper grading and classification of citrus fruit and the canned and concentrated products thereof by prompt and efficient inspection under competent authority is beneficial alike to producer, packer, shipper, canner, concentrator, carrier, receiver, and consumer in that it furnishes them prima facie evidence of the quality and condition of such products and informs the carrier and receiver of the quality of the products carried and received by them and assures the ultimate consumer of the quality of the products purchased.
(5) To enable citrus producers collectively to pay assessments to fund marketing and research programs for the direct benefit of the citrus industry of this state. It is the intent of the Legislature that all funds collected under this chapter and the interest accrued on such funds are consideration for a social contract between the state and the citrus growers of the state whereby the state must hold such funds in trust and inviolate and use them only for the purposes prescribed in this chapter.
(6) To stabilize the Florida citrus industry and to protect the public against fraud, deception, and financial loss through unscrupulous practices and haphazard methods in connection with the processing and marketing of citrus fruit and the canned or concentrated products thereof.
(7) Because said act is designed to promote the general welfare of the Florida citrus industry, which in turn will promote the general welfare and social and political economy of the state.
In the event any word, phrase, clause, sentence, paragraph, or section of this chapter is declared unconstitutional by any court of competent jurisdiction, then such declaration of such unconstitutionality shall not affect the remainder of this chapter, and the unconstitutional portion shall be considered severable, it being the intent of the Legislature that the remainder of this chapter shall continue in full force and effect.
History.—s. 2, ch. 25149, 1949; s. 1, ch. 71-77; s. 1, ch. 97-118.
601.03 Definitions.—In construing this chapter, where the context permits the word, phrase, or term:
(1) “Additive” means any foreign substance which, when added to any citrus fruit juice, will change the amount of total soluble solids or anhydrous citric acid therein, or the color or taste thereof, or act as an artificial preservative thereof;
(2) “Agent” means any person who, on behalf of any citrus fruit dealer, negotiates the consignment, purchase, or sale of citrus fruit, or weighs citrus fruit so that the weight thereof may be used in computing the amount to be paid therefor;
(3) “Broker” means any person engaged in the business of negotiating the sale or purchase of citrus fruit for others;
(4) “Canned products” means juices, segments, or sections of citrus fruits sealed in hermetically sealed containers at a concentration of not exceeding 20 degrees Brix and sufficiently processed by heat to ensure preservation of the product, and when regulated by the Department of Citrus, these same products packed in any other manner or in any other type container;
(5) “Canning plant” means any building, structure, or place where citrus fruit or the juice thereof is canned or prepared for canning at a concentration of not exceeding 20 degrees Brix for market or shipment;
(6) “Cash buyer” means any person who purchases citrus fruit in this state from the producer for the purpose of resale;
(7) “Citrus fruit” means all varieties and regulated hybrids of citrus fruit and also means processed citrus products containing 20 percent or more citrus fruit or citrus fruit juice, but, for the purposes of this chapter, shall not mean limes, lemons, marmalade, jellies, preserves, candies, or citrus hybrids for which no specific standards have been established by the Department of Citrus;
(8) “Citrus fruit dealer” means any consignor, commission merchant, consignment shipper, cash buyer, broker, association, cooperative association, express or gift fruit shipper, or person who in any manner makes or attempts to make money or other thing of value on citrus fruit in any manner whatsoever, other than of growing or producing citrus fruit, but the term shall not include retail establishments whose sales are direct to consumers and not for resale or persons or firms trading solely in citrus futures contracts on a regulated commodity exchange;
(9) “Citrus producing area” means that part or parts of the state in which citrus fruit is grown or produced;
(10) “Color-add” or “color-added” means the application or use of any coloring matter to any citrus fruit;
(11) “Coloring matter” means any dye, or any liquid or concentrate or material containing a dye or materials which react to form a dye, used or intended to be used for the purpose of enhancing the color of citrus fruit by the addition of artificial color to the peel thereof; provided that said term shall not include any process or treatment of fruit which merely brings out or accelerates the natural color of the fruit;
(12) “Coloring room” means any room or place where citrus fruit is placed, with or without the use of heat or any gas, for the purpose of bringing out the natural color of the fruit;
(13) “Commission” means the Florida Citrus Commission as head of the Department of Citrus;
(14) “Department of Agriculture” means the Department of Agriculture and Consumer Services of the State of Florida;
(15) “Commission merchant” means any person engaged in the business of receiving any citrus fruit for sale on commission for or on behalf of another;
(16) “Concentrated products” means:
(a) Frozen citrus fruit juice frozen at a concentration of exceeding 20 degrees Brix and kept at a sufficiently freezing temperature to ensure preservation of the product; and
(b) Citrus fruit juice sealed in hermetically sealed containers at a concentration of exceeding 20 degrees Brix and sufficiently processed by heat to ensure preservation of the product;
(17) “Concentrating plant” means any building, structure, or place where citrus fruit is canned, frozen, or prepared for canning or freezing at a concentration of more than 20 degrees Brix for market or shipment;
(18) “Consignment shipper” means any person who contracts with the producer of citrus fruit for the marketing thereof for the sole account and risk of such producer and who agrees to pay such producer the net proceeds derived from such sale;
(19) “Consignor” means any person, other than a producer, who ships or delivers to any commission merchant or dealer any citrus fruit for handling, sale, or resale;
(20) “Express or gift fruit shipper” means any person having an established place of business who ships or delivers for transportation in any manner, citrus fruit to a consumer and not for the purpose of resale;
(21) “Fresh fruit juice distributor” means any person extracting and preparing for market or shipment any citrus fruit juice in fresh form;
(22) “Grapefruit” means the fruit Citrus paradisi Macf., commonly called grapefruit and shall include white, red, and pink meated varieties;
(23) “Handler” means any person engaged within this state in the business of distributing citrus fruit in the primary channel of trade or any person engaged as a processor in the business of processing citrus fruit;
(24) “Manufacturer” means any person who shall manufacture, sell or offer for sale, or license or offer for license for use any coloring matter, or any soaps, oils, waxes, gases, gas-forming material, or other similar compositions, or the component parts thereof on or in the processing of citrus fruits;
(25) “Oranges” means the fruit Citrus sinensis Osbeck, commonly called sweet oranges;
(26) “Packinghouse” means any building, structure, or place where citrus fruit is packed or otherwise prepared for market or shipment in fresh form;
(27) “Person” means any natural person, partnership, association, corporation, trust, estate, or other legal entity;
(28) “Primary channel of trade” means that fruit shall be deemed to have been delivered into the primary channel of trade when it is sold or delivered for shipment in fresh form, or when it is received and accepted at a canning, concentrating, or processing plant for canning, concentrating, or processing;
(29) “Producer” means any person growing or producing citrus in this state for market;
(30) “Ship” or “shipping” means to move or cause citrus fruit or the canned or concentrated products thereof to be moved in intrastate, interstate, or foreign commerce by rail, truck, boat, or airplane, or any other means;
(31) “Shipper” means any person engaged in shipping, or causing to be shipped, citrus fruit or the canned or concentrated products thereof in intrastate, interstate, or foreign commerce, whether as owner, agent, or otherwise;
(32) “Shipping season” means that period of time beginning August 1 of one year and ending July 31 of the following year;
(33) “Standard packed box” means 13/5 bushels of citrus fruit, whether in bulk or containers;
(34) “Tangerines” means the fruit Citrus reticulata Blanco, commonly called tangerines;
(35) “Lemons” including “rough” lemons means the acid lemons of Citrus limon, including the varieties eureka, genoa, wheatley, amerfo, belair, and villafranca of the Eureka group; varieties bonnie brae, kennedy, lisbon, messer, messina, and sicily of the Lisbon group; varieties meyer, cuban, ponderosa, and rough of the Anomalous group; varieties dorshapo and millsweet of the Sweet Lemon group, and other varieties not included above such as everbearing, palestine sweet, perrine, and spheriola;
(36) “Sour oranges”—“sour” or “bitter” oranges means the fruit of Citrus aurantium L. and contains several subspecies. Among the most important are varieties african, brazilian, rubidoux, and standard of the Normal group; varieties daidai, goleta, bouquet of the Aberrant group; variety chinooto of the Myrtifolia group; and varieties bittersweet and paraguay of the Bittersweet group;
(37) “Citrus hybrids” means but shall not be limited to hybrids between or among sour orange (C. aurantium), pummelo (C. grandis), lemon (C. limon), lime (C. aurantifolia), citron (C. medica), grapefruit (C. paradisi), tangerine or mandarin orange (C. reticulata), sweet orange (C. sinensis), tangelo (C. reticulata x C. paradisi or C. grandis), tangor (C. reticulata x C. sinensis), kumquat (Fortunella, species), trifoliate orange (Poncirus trifoliata), and varieties of these species;
(38) “Processor” means any person engaged within this state in the business of canning, concentrating, or otherwise processing citrus fruit for market other than for shipment in fresh fruit form.
History.—s. 3, ch. 25149, 1949; ss. 1-5, ch. 26492, 1951; s. 2, ch. 29757, 1955; ss. 1-8, ch. 57-28; s. 1, ch. 59-12; s. 1, ch. 59-16; ss. 1-3, ch. 59-20; ss. 1, 2, ch. 61-91; s. 1, ch. 63-71; s. 1, ch. 65-85; s. 5, ch. 67-220; ss. 14, 29, 35, ch. 69-106; s. 6, ch. 71-185; ss. 1-3, 22, ch. 71-186; s. 256, ch. 71-377; s. 1, ch. 73-13; s. 1, ch. 76-8.
601.04 Florida Citrus Commission; creation and membership.—
(1)(a) There is created and established within the Department of Citrus a board to be known and designated as the “Florida Citrus Commission” to be composed of nine practical citrus fruit persons who are resident citizens of the state, each of whom is and has been actively engaged in growing, growing and shipping, or growing and processing of citrus fruit in the state for a period of at least 5 years immediately prior to appointment to the said commission and has, during said period, derived a major portion of her or his income therefrom or, during said time, has been the owner of, member of, officer of, or paid employee of a corporation, firm, or partnership which has, during said time, derived the major portion of its income from the growing, growing and shipping, or growing and processing of citrus fruit.
(b) Six members of the commission shall be designated as grower members and shall be primarily engaged in the growing of citrus fruit as an individual owner; as the owner of, or as stockholder of, a corporation; or as a member of a firm or partnership primarily engaged in citrus growing. None of such members shall receive any compensation from any licensed citrus fruit dealer or handler, as defined in s. 601.03, other than gift fruit shippers, but any of the grower members shall not be disqualified as a member if, individually, or as the owner of, a member of, an officer of, or a stockholder of a corporation, firm, or partnership primarily engaged in citrus growing which processes, packs, and markets its own fruit and whose business is primarily not purchasing and handling fruit grown by others. Three members of the commission shall be designated as grower-handler members and shall be engaged as owners, or as paid officers or employees, of a corporation, firm, partnership, or other business unit engaged in handling citrus fruit. One of such three grower-handler members shall be primarily engaged in the fresh fruit business, and two of such three grower-handler members shall be primarily engaged in the processing of citrus fruits.
(c) There shall be three members of the commission from each of the three citrus districts. Each member must reside in the district from which she or he was appointed. For the purposes of this section, the residence of a member shall be the actual physical and permanent residence of the member.
(2)(a) The members of such commission shall possess the qualifications herein provided and shall be appointed by the Governor for terms of 3 years each. Appointments shall be made by February 1 preceding the commencement of the term and shall be subject to confirmation by the Senate in the following legislative session. Four members shall be appointed each year. Such members shall serve until their respective successors are appointed and qualified. The regular terms shall begin on June 1 and shall end on May 31 of the third year after such appointment. Effective July 1, 2011, the terms of all members of the commission appointed on or before May 1, 2011, are terminated and the Governor shall appoint the members of the commission in accordance with the provisions of this act.
(b) When appointments are made, the Governor shall publicly announce the actual classification and district that each appointee represents. A majority of the members of the commission shall constitute a quorum for the transaction of all business and the carrying out of the duties of the commission. Before entering upon the discharge of their duties as members of the commission, each member shall take and subscribe to the oath of office prescribed in s. 5, Art. II of the State Constitution. The qualification of each member as herein required shall continue throughout the respective term of office, and in the event a member should, after appointment, fail to meet the qualifications or classification which she or he possessed at the time of appointment as above set forth, such member shall resign or be removed and be replaced with a member possessing the proper qualifications and classification.
(c) When making an appointment to the commission, the Governor shall announce the district and classification of the person appointed.
(3)(a) The commission is authorized to elect a chair and vice chair and such other officers as it may deem advisable.
(b) The chair, subject to commission concurrence, may appoint such advisory committees or councils composed of industry representatives as the chair deems appropriate, setting forth areas of committee or council concern which are consistent with the statutory powers and duties of the commission and the Department of Citrus.
(4) It is the intent of the Legislature that the commission be redistricted every 5 years. Redistricting shall be based on the total boxes produced from each of the three districts during that 5-year period.
History.—s. 3, ch. 16854, 1935; CGL 1936 Supp. (57); s. 1, ch. 20449, 1941; s. 1, ch. 22535, 1945; s. 4, ch. 25149, 1949; s. 10, ch. 26484, 1951; s. 1, ch. 59-11; s. 1, ch. 65-71; s. 33, ch. 69-216; ss. 29, 35, ch. 69-106; s. 257, ch. 71-377; s. 1, ch. 79-84; s. 1, ch. 82-46; s. 2, ch. 83-265; s. 1, ch. 85-49; ss. 1, 2, 3, ch. 88-55; s. 1, ch. 90-127; s. 1, ch. 91-11; s. 5, ch. 91-429; s. 3, ch. 95-174; s. 968, ch. 97-103; s. 78, ch. 2000-154; s. 2, ch. 2005-6; s. 1, ch. 2009-112; s. 13, ch. 2011-56.
Note.—Former s. 595.01; s. 601.10.
601.045 Department auditor’s report; commission meeting agenda item.—The Florida Citrus Commission shall include as an agenda item at each regularly scheduled meeting a report by the internal auditor of the Department of Citrus.
History.—s. 2, ch. 2004-36.
601.05 Department of Citrus a body corporate.—The Department of Citrus shall be a body corporate, shall have power to contract and be contracted with, and shall have and possess all the powers of a body corporate for all purposes necessary for fully carrying out the provisions and requirements of this chapter. The Department of Citrus shall adopt a corporate seal with which it shall authenticate its proceedings.
History.—s. 5, ch. 25149, 1949; s. 22, ch. 71-186; s. 1, ch. 2009-112.
601.06 Compensation and expenses of commission members.—Each member of the commission shall receive the sum of $25 per day for each day or fraction thereof spent while en route to or from, or in actual attendance at, regular or special meetings of the commission or meetings of committees of the commission, or in transacting other business authorized by the Department of Citrus in addition to per diem and reimbursement of expenses as authorized by law.
History.—s. 6, ch. 25149, 1949; s. 16, ch. 63-400; s. 1, ch. 65-70; s. 1, ch. 71-184; s. 22, ch. 71-186; s. 969, ch. 97-103.
1601.07 Location of executive offices.—The executive offices of the Department of Citrus shall be established and maintained at Bartow.
History.—s. 7, ch. 25149, 1949; s. 22, ch. 71-186; s. 1, ch. 2010-145; ss. 9, 11, ch. 2010-277; HJR 5-A, 2010 Special Session A.
1Note.—Section 11, ch. 2010-277, provides that “[t]his act shall take effect July 1, 2010.” Passed by the Senate and the House of Representatives over the Governor’s veto November 16, 2010. House Joint Resolution 5-A, 2010 Special Session A, provides that C.S. for C.S. for C.S. for H.B. 981, which became ch. 2010-277, is effective November 17, 2010.
601.08 Authenticated copies of commission records as evidence.—Copies of the proceedings, records, and acts of the commission and certificates purporting to relate the facts concerning such proceedings, records, and acts signed by the chair of the commission and authenticated by the seal of the Department of Citrus shall be prima facie evidence thereof in all the courts of the state.
History.—s. 8, ch. 25149, 1949; s. 22, ch. 71-186; s. 970, ch. 97-103.
601.09 Citrus districts.—For purposes of this chapter, the state is divided into three districts composed of:
(1) Citrus District One: Levy, Alachua, Brevard, Putnam, St. Johns, St. Lucie, Flagler, Indian River, Marion, Seminole, Orange, Okeechobee, Polk, Volusia, and Osceola Counties.
(2) Citrus District Two: Hardee, DeSoto, Highlands, and Glades Counties.
(3) Citrus District Three: Charlotte, Citrus, Collier, Hernando, Hendry, Hillsborough, Lake, Lee, Manatee, Monroe, Martin, Pasco, Palm Beach, Pinellas, Sarasota, Sumter, Broward, and Miami-Dade Counties.
History.—s. 9, ch. 25149, 1949; s. 2, ch. 85-49; s. 2, ch. 90-127; s. 1, ch. 95-174; s. 1, ch. 2000-205; s. 1, ch. 2005-6; s. 14, ch. 2011-56.
601.091 Florida SunRidge, Indian River, and Gulf production areas, boundaries and designation.—
(1) Unless otherwise specifically provided by final court order entered as a result of a legal proceeding instituted prior to July 1, 1976, only citrus fruit grown within the boundaries of a specified production area of this state, or processed citrus products prepared solely from such citrus fruit, may be identified, classified, labeled, or otherwise designated with the name of such production area or identified, classified, labeled, or otherwise designated in any manner so as to imply that such citrus fruit, or processed citrus product produced therefrom, was grown in the specified production area.
(2) The “Indian River” production area of this state shall encompass only that part of the state particularly described as follows: Beginning at a point on the shore of the Atlantic Ocean where the line between Flagler and Volusia Counties intersects said shore, thence follow the line between said two counties to the southwest corner of Section 23, Township 14 South, Range 31 East; thence continue south to the southwest corner of Section 35, Township 14 South, Range 31 East; thence east to the northwest corner of Township 15 South, Range 32 East; thence south to the southwest corner of Township 17 South, Range 32 East; thence east to the northwest corner of Township 18 South, Range 33 East; thence south to the St. Johns River, thence along the main channel of the St. Johns River and through Lake Harney, Lake Poinsett, Lake Winder, Lake Washington, Sawgrass Lake, and Lake Helen Blazes to the range line between Ranges 35 East and 36 East; thence south to the south line of Brevard County; thence east to the line between Ranges 36 East and 37 East; thence south to the southwest corner of St. Lucie County; thence east to the line between Ranges 39 East and 40 East; thence south to the south line of Martin County; thence east to the line between Ranges 40 East and 41 East; thence south to the West Palm Beach Canal (also known as the Okeechobee Canal); thence follow said canal eastward to the mouth thereof; thence east to the shore of the Atlantic Ocean; thence northerly along the shore of the Atlantic Ocean to the point of beginning.
(3) The “Gulf” production area of this state shall encompass all of Charlotte, Collier, Glades, Hendry, and Lee Counties.
(4) The “Florida SunRidge” production area of this state shall encompass all the area of the state not included within the boundaries established by subsections (2) and (3).
History.—s. 1, ch. 76-87; s. 1, ch. 77-174; s. 2, ch. 91-11; s. 2, ch. 95-174.
601.10 Powers of the Department of Citrus.—The Department of Citrus shall have and shall exercise such general and specific powers as are delegated to it by this chapter and other statutes of the state, which powers shall include, but shall not be confined to, the following:
(1) To adopt and, from time to time, alter, rescind, modify, or amend all proper and necessary rules, regulations, and orders for the exercise of its powers and the performance of its duties under this chapter and other statutes of the state, which rules and regulations shall have the force and effect of law when not inconsistent therewith.
(2) To act as the general supervisory authority over the administration and enforcement of this chapter and to exercise such other powers and perform such other duties as may be imposed upon it by other laws of the state.
1(3) To employ and, at its pleasure, discharge an executive director as it deems necessary and to outline his or her powers and duties and fix his or her compensation.
(a) The executive director of the department shall be appointed by a majority vote of the commission for a term of 4 years, except for the initial term, and the executive director shall be subject to confirmation by the Senate in the legislative session following appointment.
1. The initial term of the executive director ends June 30, 2011, and each subsequent 4-year term begins July 1, and shall be filled in the same manner as the original appointment.
2. A vacancy for the executive director shall be filled for the unexpired portion of the term in the same manner as the original appointment.
(b) The Department of Citrus may pay, or participate in the payment of, premiums for health, accident, and life insurance for its full-time employees, pursuant to such rules or regulations as it may adopt; and such payments are in addition to the regular salaries of such full-time employees. The payment of such or similar benefits to its employees in foreign countries, including, but not limited to, social security, retirement, and other similar fringe benefit costs, may be in accordance with laws in effect in the country of employment, except that no benefits will be payable to employees not authorized for other state employees, as provided in the Career Service System.
(c) Employees of the department shall work a 5-day, 40-hour week. Unless an employee is on approved leave, an employee’s salary shall be decreased by 20 percent for each day not worked during the 5-day work week if the employee chooses to regularly work less than a 5-day work week.
(4) To purchase or authorize the purchase of all office equipment and supplies and to incur all necessary expenses in connection with and required for the proper carrying out of the provisions of this chapter and other applicable laws.
(5) To investigate violations of the provisions of this chapter and other laws conferring powers and duties upon the Department of Citrus, and to report its findings or recommendations in connection therewith to the Department of Agriculture and Consumer Services.
(6) To incur such reasonable obligations and expenses as may be necessary and proper for the discharge of its powers and duties under this or other laws, and to have such obligations and expenses paid out of the funds authorized by law to be collected and expended. The executive director of the Department of Citrus, or such other person specifically designated by the commission to act in the event the executive director is either unable or not available to act, is authorized to execute contracts and agreements previously approved by the commission during a regular or special meeting, on behalf of the Department of Citrus; and the secretary or assistant secretary of the commission is authorized to attest to the signature of the executive director or other designated person.
(7) To adopt, promulgate, alter, rescind, modify, amend, and enforce rules and regulations and establish minimum maturity and quality standards for citrus fruits not inconsistent with existing laws, to regulate and control methods and practices followed or used in harvesting, grading, packing, extracting, canning, concentrating, sectionizing, or otherwise processing citrus fruits or citrus juices or the products thereof for human consumption, including the addition or prohibition of any and all additives, and including application to or use of coloring matter thereon and coloring of fruit by placing in coloring room with or without use of heat or any form of gas in such process, to the end that such methods and practices as affect the eating and keeping qualities and depreciate the value of citrus fruits or the juices or other food products thereof in any form may be minimized to the greatest extent possible, if not altogether eliminated.
(8) To prepare and disseminate information of importance to citrus growers, handlers, shippers, processors, and industry-related and interested persons and organizations, relating to Department of Citrus activities and the production, handling, shipping, processing, and marketing of citrus fruit and processed citrus products. Any information which consists of a trade secret as defined in s. 812.081(1)(c) is confidential and exempt from the provisions of s. 119.07(1), and shall not be disclosed. For referendum and other notice and informational purposes, the Department of Citrus may prepare and maintain, from the best available sources, a citrus grower mailing list. Such list shall be a public record available as other public records, but it shall not be subject to the purging provisions of s. 283.55.
(9) When, in the opinion of the Department of Citrus, the tax revenues collected pursuant to this chapter, whether allocated for research, advertising or promotion, reserve funds, advertising incentive plans, or other purposes, are not immediately needed for the purpose for which such funds are provided, the Chief Financial Officer is authorized and shall, upon the request and approval of the Department of Citrus, or its general manager if she or he has been given such authority, invest and reinvest the funds designated and for the period of time specified in such request. In the investment of such funds, the Chief Financial Officer shall have the powers and be subject to the limitations provided for in s. 17.61.
(10) Subject to the concurrence of the Chief Financial Officer, whenever the department contracts with a foreign entity for performance of services or the purchase of materials, and such contract requires payment in equivalent foreign currency, the department may, for payment of such contract obligation, deposit sufficient state funds in a foreign bank, or purchase foreign currency at the current market rate, up to an amount not in excess of the contract obligation. All payments from these funds must have prior audit approval from the office of the Chief Financial Officer.
(11) To conduct an annual merchandising and management meeting in this state for department field personnel and to make direct payment, by means of vendor contracts approved by the commission, for all necessary lodging, meals, facilities, and training expenses for department employees attending such annual meeting, in lieu of payment of individual employee per diem allowances as established by s. 112.061.
(12) Notwithstanding the provisions of part I of chapter 287, to promulgate rules for the purpose of entering into contracts which are primarily for promotional and advertising services and promotional events which may include commodities involving a service. Such rules shall include the authority to negotiate costs with the offerors of such services and commodities who have been determined to be qualified on the basis of technical merit, creative ability, and professional competency. Contracts pursuant to this subsection may provide for advance payments when the department determines that such provision is essential to acquiring the service.
(13) To investigate or address the transportation problems affecting the citrus industry.
(14) To investigate or research the mechanical harvesting of citrus fruit grown in Florida.
(15) To provide by rule a list of forms used in conducting its business. The adoption of such rule constitutes sufficient notice to the public of the existence of the forms and negates the need to place specific citation to such list throughout the related chapters of the Florida Administrative Code.
History.—ss. 3A, 8, ch. 16854, 1935; ss. 1-4, ch. 16863, 1935; CGL 1936 Supp. 3254(62), (63); ss. 1-4, ch. 19309, 1939; CGL 1940 Supp. 3254(177)-(181); s. 2, ch. 20449, 1941; s. 1, ch. 23680, 1947; s. 10, ch. 25149, 1949; s. 1, ch. 57-14; s. 1, ch. 65-65; s. 1, ch. 65-66; s. 1, ch. 67-68; ss. 3, 14, 35, ch. 69-106; s. 1, ch. 70-444; s. 1, ch. 71-158; s. 7, ch. 71-185; s. 22, ch. 71-186; s. 1, ch. 76-134; s. 1, ch. 77-27; s. 1, ch. 79-137; s. 1, ch. 79-155; s. 1, ch. 80-4; s. 1, ch. 80-5; s. 15, ch. 81-295; s. 12, ch. 82-196; ss. 4, 6, ch. 83-252; s. 1, ch. 87-44; s. 21, ch. 87-331; s. 4, ch. 88-32; s. 2, ch. 89-12; s. 44, ch. 90-335; s. 1, ch. 92-43; s. 355, ch. 96-406; s. 1191, ch. 97-103; s. 2, ch. 98-41; s. 742, ch. 2003-261; ss. 30, 31, 82, ch. 2011-47; s. 15, ch. 2011-56.
1Note.—Section 30, ch. 2011-47, amended subsection (3), “in order to implement Specific Appropriations 2173 through 2195 of the 2011-2012 General Appropriations Act.”
Note.—Former s. 595.07.
601.101 Ownership of rights under patent and trademark laws developed or acquired pursuant to the authorities of this chapter.—Notwithstanding any provision of chapter 286, the legal title and every right, interest, claim, or demand of any kind in and to any patent, trademark, copyright, certification mark, or other right acquired under the patent and trademark laws of the United States or this state or any foreign country, or the application for the same, now, heretofore, or as may be hereafter owned or held, acquired, or developed by the Department of Citrus, under the authority and directions given it by this chapter, is vested in the Department of Citrus for the use, benefit, and purposes provided in this chapter. The Department of Citrus is hereby vested with and is authorized to exercise any and all of the normal incidents of such ownership, including the receipt and disposition of royalties. Any sums received as royalties from any such rights are hereby appropriated to the Department of Citrus for any and all of the purposes and uses provided in this chapter.
History.—s. 1, ch. 72-191.
601.11 Power of Department of Citrus to establish standards.—The Department of Citrus shall have full and plenary power to, and may, establish state grades and minimum maturity and quality standards not inconsistent with existing laws for citrus fruits and food products thereof containing 20 percent or more citrus or citrus juice, whether canned or concentrated, or otherwise processed, including standards for frozen concentrate for manufacturing purposes, and for containers therefor, and shall prescribe rules or regulations governing the marking, branding, labeling, tagging, or stamping of citrus fruit, or products thereof whether canned or concentrated, or otherwise processed, and upon containers therefor for the purpose of showing the name and address of the person marketing such citrus fruit or products thereof whether canned or concentrated or otherwise processed; the grade, quality, variety, type, or size of citrus fruit, the grade, quality, variety, type, and amount of the products thereof whether canned or concentrated or otherwise processed, and the quality, type, size, dimensions, and shape of containers therefor, and to regulate or prohibit the use of containers which have been previously used for the sale, transportation, or shipment of citrus fruit or the products thereof whether canned or concentrated or otherwise processed, or any other commodity; provided, however, that the use of secondhand containers for sale and delivery of citrus fruit for retail consumption within the state shall not be prohibited; provided, however, that no standard, regulation, rule, or order under this section which is repugnant to any requirement made mandatory under federal law or regulations shall apply to citrus fruit, or the products thereof, whether canned or concentrated or otherwise processed, or to containers therefor, which are being shipped from this state in interstate commerce. All citrus fruit and the products thereof whether canned or concentrated or otherwise processed sold, or offered for sale, or offered for shipment within or without the state shall be graded and marked as required by this section and the regulations, rules, and orders adopted and made under authority of this section, which regulations, rules, and orders shall, when not inconsistent with state or federal law, have the force and effect of law.
History.—s. 11, ch. 25149, 1949; s. 1, ch. 57-30; s. 22, ch. 71-186.
601.111 Department of Citrus authorized to lower maturity standards.—
(1) The Legislature of the state finds and declares that emergencies creating abnormal conditions in the Florida citrus industry, such as unusual climatic conditions that produce unusual growing conditions of citrus fruit, freezes and hurricanes, or other acts of God that may affect a substantial part of the citrus industry, require that the Department of Citrus be given the power and authority to lower the maturity standards established by law for citrus fruit or any variety thereof, not including oranges except as specified in subsection (2), under and subject to the limitations, conditions, restrictions, and provisions and within the standards hereinafter prescribed and established.
(2) In the event of an emergency such as is mentioned in subsection (1), the said Department of Citrus, in addition to all other powers and authority which it now possesses, which have heretofore been granted or delegated to it by the Legislature shall have the additional power to issue rules and regulations to:
(a) Lower by not more than 10 percent the existing minimum requirement as to the total soluble solids of the juice of citrus fruit or any variety, except oranges, or size thereof;
(b) Lower by not more than 10 percent the existing ratio of total soluble solids of the juice of citrus fruit or any variety thereof, except oranges, to the anhydrous citric acid;
(c) Lower by not more than 10 percent the existing minimum requirement for juice content of citrus fruit or any variety or size thereof; and
(d) Lower by not more than 10 percent the existing minimum requirement for the content of anhydrous citric acid for oranges.
Any action under this subsection shall not be taken without the consent of at least nine members of the Florida Citrus Commission. Any regulation adopted pursuant to this section shall be by the affirmative vote of at least nine members of said Florida Citrus Commission, and every such regulation shall contain an expiration date not later than 1 year from its effective date.
(3) This act shall not repeal any other section or part of this chapter, but shall be deemed as supplemental and additional to the express power vested in the Department of Citrus, subject only to the limitations, restrictions, conditions, provisions, and standards herein set forth.
History.—s. 1, ch. 63-104; s. 22, ch. 71-186; s. 10, ch. 78-95; s. 1, ch. 92-347.
601.13 Citrus research; administration by Department of Citrus; appropriation.—
(1) The administration of this section shall be vested in the Department of Citrus which shall prescribe suitable and reasonable rules and regulations for the proper carrying out of the provisions hereof.
(2) It shall be the duty of the Department of Citrus, and it is empowered:
(a) To conduct or cause to be conducted a thorough and comprehensive study of citrus fruit and the juices thereof
1. With respect to the quality and maturity of said fruit and the juices thereof, including proper effort to assemble data and arrive at a proper standard of quality, grade, and maturity with reference to its texture, stability, and general marketability and so far as possible reduce such findings to specific and readily understood chemical, mathematical, or descriptive terms, and
2. With respect to the nutritional and other value or values of such fruit and the juices thereof
and to provide suitable facilities and equipment of every kind whatsoever proper and necessary in connection with all such work.
(b) To conduct or cause to be conducted such study and research as is necessary to provide all the information and data required to be disseminated pursuant to the provisions of this section.
(c) To provide suitable and sufficient laboratory facilities and equipment, making use of the laboratory facilities and equipment of the University of Florida, insofar as it is practicable for the purpose of conducting thorough and comprehensive study and research to determine all possible new and further uses for citrus fruit and citrus fruit juices and the products and byproducts into which the same can be converted or manufactured, as well as to determine and develop new and profitable methods and instruments of distribution thereof.
(d) To carry on, or cause to be carried on, suitable experiments in an effort to prove the commercial value of each, and determine and develop new and further use for citrus fruit and citrus fruit juices or the products and byproducts into which the same can be converted or manufactured.
(e) To carry on or cause to be carried on suitable experiments in an effort to prove the commercial value of any and all new profitable methods and instruments of distribution of citrus fruit and citrus fruit juices and the products and byproducts into which the same can be converted or manufactured.
(f) To carry on or cause to be carried on an economic and marketing research program relating to citrus fruits, products or byproducts thereof.
(g) To enter into any mutually satisfactory contracts or agreements with any person, firm, institution, corporation, or business unit, as well as any state or federal agency, which the Department of Citrus deems wise, necessary, and expedient in the carrying out of any of the provisions of this chapter.
(h) To incur and pay such expenses and obligations as are necessary in connection with and required for the proper carrying out of the provisions of this chapter.
(3) There is hereby appropriated and made available for defraying the expenses of the administration of this section from the moneys derived from advertising excise taxes levied on citrus fruit such amounts as the Department of Citrus may deem necessary within the percentage limitations imposed by s. 601.15.
History.—s. 13, ch. 25149, 1949; s. 7, ch. 26492, 1951; s. 1, ch. 61-48; s. 1, ch. 63-80; s. 1, ch. 65-67; s. 22, ch. 71-186.
601.15 Advertising campaign; methods of conducting; excise tax; emergency reserve fund; citrus research.—
(1) The administration of this section shall be vested in the Department of Citrus, which shall prescribe suitable and reasonable rules and regulations for the enforcement hereof, and the Department of Citrus shall administer the taxes levied and imposed hereby. All funds collected under this section and the interest accrued on such funds are consideration for a social contract between the state and the citrus growers of the state whereby the state must hold such funds in trust and inviolate and use them only for the purposes prescribed in this chapter. The Department of Citrus shall have power to cause its duly authorized agent or representative to enter upon the premises of any handler of citrus fruits and to examine or cause to be examined any books, papers, records, or memoranda bearing on the amount of taxes payable and to secure other information directly or indirectly concerned in the enforcement hereof. Any person who is required to pay the taxes levied and imposed and who by any practice or evasion makes it difficult to enforce the provisions hereof by inspection, or any person who, after demand by the Department of Citrus or any agent or representative designated by it for that purpose, refuses to allow full inspection of the premises or any part thereof or any books, records, documents, or other instruments in any manner relating to the liability of the taxpayer for the tax imposed or hinders or in anywise delays or prevents such inspection, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(2) The Department of Citrus shall plan and conduct campaigns for commodity advertising, publicity, and sales promotion, and may conduct campaigns to encourage noncommodity advertising, to increase the consumption of citrus fruits and may contract for any such advertising, publicity, and sales promotion service. To accomplish such purpose, the Department of Citrus shall have power, and it shall be its duty:
(a) To disseminate information relating to:
1. Citrus fruits and the importance thereof in preserving the public health, the economy thereof in the diet of the people, and the importance thereof in the nutrition of children;
2. The manner, method, and means used and employed in the production and marketing of citrus fruits and information relating to laws of the state regulating and safeguarding such production and marketing;
3. The added cost to the producer and dealer in producing and handling citrus fruits to meet the high standards imposed by the state that ensure a pure and wholesome product;
4. The effect upon the public health which would result from a breakdown of the Florida citrus industry or any part thereof;
5. The reasons why producers and dealers should receive a reasonable return on their labor and investment;
6. The problem of furnishing the consumer at all times with an abundant supply of fine quality citrus fruits at reasonable prices;
7. Factors of instability peculiar to the citrus fruit industry, such as unbalanced production, the effect of the weather, the influence of consumer purchasing power, and price relative to the cost of other items of food in the normal diet of people, all to the end that an intelligent and increasing consumer demand may be created;
8. The possibilities with particular reference to increased consumption of citrus fruits; and
9. Such other, further, and additional information which tends to promote increased consumption of citrus fruits and which fosters a better understanding and more efficient cooperation among producers, dealers, and the consuming public; and
(b) To decide upon some distinctive and suggestive trade name and to promote its use in all ways to advertise Florida citrus fruit.
(3)1(a) There is hereby levied and imposed upon each standard-packed box of citrus fruit grown and placed into the primary channel of trade in this state an excise tax at maximum annual rates for each citrus season as determined from the tables in this paragraph and based upon the previous season’s actual statewide production as reported in the United States Department of Agriculture Citrus Crop Production Forecast as of June 1. The rates may be set at any lower rate in any year pursuant to paragraph (e).
1. The following maximum tax rates, expressed in cents per box, shall apply to grapefruit which enters the primary channel of trade for use in fresh form:
| Previous season crop size (millions of boxes) | 1995-1996 | 1996-1997 | 1997-1998 | 1998-1999 | 1999-2000 and thereafter |
| 80 and greater | 33 | 34 | 35 | 36 | 37 |
| 75-79.99 | 35 | 36 | 37 | 38 | 39 |
| 70-74.99 | 37 | 38 | 39 | 41 | 42 |
| 65-69.99 | 40 | 41 | 42 | 44 | 45 |
| 60-64.99 | 43 | 44 | 46 | 47 | 49 |
| 55-59.99 | 47 | 48 | 50 | 51 | 53 |
| 50-54.99 | 51 | 53 | 55 | 56 | 58 |
| 45-49.99 | 57 | 59 | 60 | 62 | 64 |
| 40-44.99 | 63 | 65 | 67 | 69 | 71 |
| Less than 40 | 72 | 74 | 76 | 79 | 81 |
However, effective July 1, 2011, the tax rate per box on grapefruit that enters the primary channel of trade for use in fresh form may not exceed the tax rate per box in effect on May 1, 2011.
2. The following maximum tax rates, expressed in cents per box, shall apply to grapefruit which enters the primary channel of trade for use in processed forms:
| Previous season crop size (millions of boxes) | 1995-1996 | 1996-1997 | 1997-1998 | 1998-1999 | 1999-2000 and thereafter |
| 80 and greater | 23 | 24 | 25 | 25 | 26 |
| 75-79.99 | 25 | 25 | 26 | 27 | 28 |
| 70-74.99 | 26 | 27 | 28 | 29 | 30 |
| 65-69.99 | 28 | 29 | 30 | 31 | 32 |
| 60-64.99 | 31 | 32 | 32 | 33 | 34 |
| 55-59.99 | 33 | 34 | 35 | 36 | 37 |
| 50-54.99 | 36 | 38 | 39 | 40 | 41 |
| 45-49.99 | 40 | 41 | 43 | 44 | 45 |
| 40-44.99 | 45 | 46 | 48 | 49 | 51 |
| Less than 40 | 51 | 53 | 54 | 56 | 57 |
However, effective July 1, 2011, the tax rate per box on grapefruit that enters the primary channel of trade for use in processed forms may not exceed the tax rate per box in effect on May 1, 2011.
3. The following maximum tax rates, expressed in cents per box, shall apply to oranges which enter the primary channel of trade for use in fresh form:
| Previous season crop size (millions of boxes) | 1995-1996 | 1996-1997 | 1997-1998 | 1998-1999 | 1999-2000 and thereafter |
| 255 and greater | 23 | 24 | 25 | 26 | 26 |
| 245-254.9 | 24 | 25 | 26 | 27 | 27 |
| 235-244.9 | 25 | 26 | 27 | 28 | 28 |
| 225-234.9 | 26 | 27 | 28 | 29 | 30 |
| 215-224.9 | 28 | 28 | 29 | 30 | 31 |
| 205-214.9 | 29 | 30 | 31 | 32 | 33 |
| 195-204.9 | 30 | 31 | 32 | 33 | 34 |
| 185-194.9 | 32 | 33 | 34 | 35 | 36 |
| 175-184.9 | 34 | 35 | 36 | 37 | 38 |
| 165-174.9 | 36 | 37 | 38 | 39 | 40 |
| 155-164.9 | 38 | 39 | 40 | 41 | 43 |
| Less than 155 | 41 | 42 | 43 | 44 | 46 |
However, effective July 1, 2011, the tax rate per box on oranges that enter the primary channel of trade for use in fresh form may not exceed the tax rate per box in effect on May 1, 2011.
4. The following maximum tax rates, expressed in cents per box, shall apply to oranges which enter the primary channel of trade for use in processed form:
| Previous season crop size (millions of boxes) | 1995-1996 | 1996-1997 | 1997-1998 | 1998-1999 | 1999-2000 and thereafter |
| 255 and greater | 15 | 16 | 16 | 17 | 17 |
| 245-254.9 | 16 | 16 | 17 | 17 | 18 |
| 235-244.9 | 17 | 17 | 18 | 18 | 19 |
| 225-234.9 | 17 | 18 | 18 | 19 | 19 |
| 215-224.9 | 18 | 19 | 19 | 20 | 20 |
| 205-214.9 | 19 | 20 | 20 | 21 | 21 |
| 195-204.9 | 20 | 21 | 21 | 22 | 22 |
| 185-194.9 | 21 | 22 | 22 | 23 | 24 |
| 175-184.9 | 22 | 23 | 23 | 24 | 25 |
| 165-174.9 | 23 | 24 | 25 | 26 | 26 |
| 155-164.9 | 25 | 26 | 26 | 27 | 28 |
| Less than 155 | 27 | 27 | 28 | 29 | 30 |
However, effective July 1, 2011, the tax rate per box on oranges that enter the primary channel of trade for use in processed form may not exceed 25 cents per box.
5. The actual tax rate levied each year upon oranges which enter the primary channel of trade for use in processed form, pursuant to this paragraph, paragraph (e), and subsection (4), shall also apply in that year to tangerines and citrus hybrids regulated by the Department of Citrus which enter the primary channel of trade for use in processed form.
6. The following maximum tax rates, expressed in cents per box, shall apply to tangerines and citrus hybrids regulated by the Department of Citrus which enter the primary channel of trade for use in fresh form:
| Previous season crop size (millions of boxes) | 1995-1996 | 1996-1997 | 1997-1998 | 1998-1999 | 1999-2000 and thereafter |
| 13 and greater | 24 | 24 | 25 | 26 | 27 |
| 12 - 12.99 | 26 | 26 | 27 | 28 | 29 |
| 11 - 11.99 | 28 | 29 | 30 | 30 | 31 |
| 10 - 10.99 | 31 | 31 | 32 | 33 | 34 |
| 9 - 9.99 | 34 | 35 | 36 | 37 | 38 |
| 8 - 8.99 | 38 | 39 | 40 | 41 | 42 |
| 7 - 7.99 | 43 | 44 | 45 | 47 | 48 |
| Less than 7 | 49 | 51 | 52 | 54 | 56 |
However, effective July 1, 2011, the tax rate per box on tangerines and citrus hybrids regulated by the Department of Citrus which enter the primary channel of trade for use in fresh form may not exceed the tax rate per box in effect on May 1, 2011.
(b) Whenever citrus fruit is purchased, acquired, or handled on a weight basis, the following weights shall be deemed the equivalent of one standard-packed box for tax purposes under this section:
1. Grapefruit, 85 pounds.
2. Oranges, 90 pounds.
3. Tangerines, 95 pounds.
4. Citrus hybrids, 90 pounds.
(c) The excise taxes imposed by this section do not apply to citrus fruit used for noncommercial domestic consumption on the premises where produced.
(d) For purposes of this subsection, a citrus season begins on August 1 of a year and ends on July 31 of the following year.
(e) The commission, upon an affirmative vote of a majority of its members and by an order entered by it prior to November 1 of any year, may set the tax rates up to the maximum rates specified in this subsection. The tax rate shall apply only to the citrus season which began on August 1 of the same calendar year. Such tax rate may be applied by variety and on the basis of whether the fruit enters the primary channel of trade for use in fresh or processed form. If the commission cannot agree on a box tax rate, the tax rate for the previous year shall remain in effect until the commission approves a new rate.
(4) Every handler shall keep a complete and accurate record of all citrus fruit handled by her or him. Such record shall be in such form and contain such other information as the Department of Citrus shall by rule or regulation prescribe. Such records shall be preserved by such handlers for a period of 1 year and shall be offered for inspection at any time upon oral or written demand by the Department of Citrus or its duly authorized agents or representatives.
(5) Every handler shall, at such times and in such manner as the Department of Citrus may by rule require, file with the Department of Citrus a return certified as true and correct, on forms furnished by the Department of Citrus, stating, in addition to other information, the number of standard-packed boxes of each kind of citrus fruit handled by such handler in the primary channel of trade during the period of time covered by the return. Full payment of all excise taxes due for the period reported shall accompany each handler’s return.
(6)(a) All excise taxes levied and imposed pursuant to the provisions of this section shall be due and payable and shall be paid, or the amount thereof guaranteed as hereinafter provided, at the time the citrus fruit is first handled in the primary channels of trade. All such taxes shall be paid, or the payment thereof shall be guaranteed, to the Department of Citrus by the person first handling the fruit in the primary channel of trade, except that payment of taxes on fruit delivered or sold for processing in this state shall be paid, or payment thereof shall be guaranteed in accordance with Department of Citrus rules, by the person processing such fruit.
(b) Periodic payment of excise taxes upon citrus fruit by the person liable for such payment shall be permitted only in accordance with Department of Citrus rules; and the payment thereof shall be guaranteed by the posting of a good and sufficient cash bond, an appropriate certificate of deposit, or an approved surety bond in an amount and manner as prescribed by Department of Citrus rule. Evidence of such guarantee of payment of excise taxes shall be made on the grade certificate in such manner and form as may be prescribed by Department of Citrus rule.
(c) All taxes collected by the Department of Citrus shall be delivered to the State Treasury for payment into the proper advertising fund.
(7) All excise taxes levied and collected under the provisions of this chapter shall be paid into the State Treasury on or before the 15th day of each month; such moneys shall be accounted for in a special fund to be designated as the Florida Citrus Advertising Trust Fund, and all moneys in such fund are hereby appropriated to the Department of Citrus for the following purposes:
(a) Four percent of all income of a revenue nature deposited in this fund, including transfers from any subsidiary accounts thereof and any interest income, shall be deposited in the General Revenue Fund pursuant to chapter 215.
(b) Moneys in the Florida Citrus Advertising Trust Fund shall be expended for the activities authorized by s. 601.13 and for the cost of those general overhead, research and development, maintenance, salaries, professional fees, enforcement costs, and other such expenses which are not related to advertising, merchandising, public relations, trade luncheons, publicity, and other associated activities. The cost of general overhead, maintenance, salaries, professional fees, enforcement costs, and other such expenses which are related to advertising, merchandising, public relations, trade luncheons, publicity, and associated activities shall be paid from the balance of the Florida Citrus Advertising Trust Fund.
(c) Moneys in the Florida Citrus Advertising Trust Fund shall also be used by the Department of Citrus for defraying those expenses not included in paragraph (b). After payment of such expenses, the money levied and collected under the provisions of subsection (3) shall be used exclusively for commodity and noncommodity advertising, merchandising, publicity, or sales promotion of citrus products in both fresh form and processed form, including citrus cattle feed and all other products of citrus fruits, produced in the state, in such equitable manner and proration as the Department of Citrus may determine, but funds expended for commodity advertising thereunder shall be expended through an established advertising agency. A proration of moneys between commodity programs and noncommodity programs, and among types of citrus products, shall be made on or before November 1 of each shipping season and may not thereafter be modified for that shipping season unless the department finds such action necessary to preserve the economic welfare of the citrus industry.
(d) The pro rata portion of moneys allocated to each type of citrus product in noncommodity programs shall be used by the department to encourage substantial increases in the effectiveness, frequency, and volume of noncommodity advertising, merchandising, publicity, and sales promotion of such citrus products through rebates and incentive payments to handlers and trade customers for these activities. The Department of Citrus is authorized and directed to adopt rules providing for the use of such moneys. The rules shall establish alternate incentive programs, including at least one incentive program for product sold under advertised brands, one incentive program for product sold under private label brands, and one incentive program for product sold in bulk. For each incentive program, the rules shall establish eligibility and performance requirements and shall provide appropriate limitations on amounts payable to a handler or trade customer for a particular season. Such limitations may relate to the amount of citrus excise taxes levied and collected on the citrus product handled by such handler or trade customer during a 12-month representative period. The department may require from participants in noncommodity advertising and promotional programs commercial information necessary to determine eligibility for and performance in such programs. Any information so required which constitutes a “trade secret” as defined in s. 812.081 is confidential and exempt from the provisions of s. 119.07(1).
(8)(a) On certification by any employee of the Department of Citrus that her or his actual and necessary expenses on any particular day while traveling outside the state exceeded the per diem provided by law, such employee shall show such excess on her or his regular expense voucher and support the same by the proof required pursuant to rules and regulations to be promulgated by the Department of Citrus.
(b) The Department of Citrus is authorized to spend such amount as it deems advisable for guests involved in promotional activities in the sale of Florida citrus fruits and products.
(c) All obligations, expenses, and costs incurred under the provisions of this section shall be paid out of the Citrus Advertising Fund upon warrant of the Chief Financial Officer when vouchers thereof, approved by the Department of Citrus, are exhibited.
(9)(a) Any handler who fails to file a return or to pay any tax within the time required shall thereby forfeit to the Department of Citrus a penalty of 5 percent of the amount of tax determined to be due; but the Department of Citrus, if satisfied that the delay was excusable, may remit all or any part of such penalty. Such penalty shall be paid to the Department of Citrus and disposed of as provided with respect to moneys derived from the taxes levied and imposed by subsection (3).
(b) The Department of Citrus may collect any taxes levied and assessed by this chapter in any or all of the following methods:
1. By the voluntary payment by the person liable therefor.
2. By a suit at law.
3. By a suit in equity to enjoin and restrain any handler, citrus fruit dealer, or other person owing such taxes from operating her or his business or engaging in business as a citrus fruit dealer until the delinquent taxes are paid. Such action may include an accounting to determine the amount of taxes plus delinquencies due. In any such proceeding, it is not necessary to allege or prove that an adequate remedy at law does not exist.
(10) The powers and duties of the Department of Citrus include the following:
(a) To adopt and from time to time alter, rescind, modify, and amend all proper and necessary rules, regulations, and orders for the exercise of its powers and the performance of its duties under this chapter.
(b) To employ and at its pleasure discharge an advertising manager, agents, advertising agencies, and such clerical and other help as it deems necessary and to outline their powers and duties and fix their compensation.
(c) To make in the name of the Department of Citrus such advertising contracts and other agreements as may be necessary.
(d) To keep books, records, and accounts of all of its activities, which books, records, and accounts shall be open to inspection, audit, and examination by the Auditor General and the Office of Program Policy Analysis and Government Accountability.
(e) To purchase or authorize the purchase of all office equipment and supplies and to incur all other reasonable and necessary expenses and obligations in connection with and required for the proper carrying out of the provisions of this chapter.
(f) To conduct, and pay out of the Florida Citrus Advertising Trust Fund, premium and prize promotions designed to increase the use of citrus in any form.
(g) To advertise citrus cattle feed and promote its use.
(h) To conduct marketing activities in foreign countries and other programs designed to develop and protect domestic and international markets.
History.—s. 15, ch. 25149, 1949; s. 10, ch. 26484, 1951; ss. 9-11, ch. 26492, 1951; s. 2, ch. 29737, 1955; ss. 3, 6, ch. 29757, 1955; ss. 1-3, ch. 57-31; ss. 1-4, ch. 57-49; ss. 1-3, ch. 59-5; s. 1, ch. 59-10; s. 5, ch. 59-20; s. 2, ch. 61-119; s. 1, ch. 61-297; s. 1, ch. 62-2; s. 1, ch. 63-78; s. 1, ch. 63-79; ss. 1, 2, ch. 63-320; ss. 1, 2, ch. 65-62; s. 1, ch. 65-69; s. 1, ch. 65-91; s. 1, ch. 67-103; s. 8, ch. 69-82; ss. 12, 35, ch. 69-106; s. 1, ch. 70-161; s. 621, ch. 71-136; ss. 5, 6, 22, ch. 71-186; s. 5, ch. 71-187; s. 1, ch. 76-98; s. 1, ch. 78-392; s. 1, ch. 80-7; s. 1, ch. 80-89; s. 1, ch. 82-29; s. 1, ch. 82-35; s. 1, ch. 83-233; s. 10, ch. 83-339; s. 1, ch. 84-81; s. 1, ch. 85-171; s. 2, ch. 87-44; s. 3, ch. 88-199; s. 97, ch. 90-201; s. 40, ch. 91-5; s. 10, ch. 92-4; s. 1, ch. 95-358; s. 356, ch. 96-406; s. 1192, ch. 97-103; s. 2, ch. 97-118; s. 124, ch. 2001-266; s. 743, ch. 2003-261; s. 53, ch. 2003-399; s. 21, ch. 2005-3; s. 10, ch. 2006-45; s. 10, ch. 2008-107; s. 4, ch. 2009-78; ss. 28, 29, 82, ch. 2011-47; s. 16, ch. 2011-56.
1Note.—Section 28, ch. 2011-47, amended paragraph (3)(a) “[i]n order to implement Specific Appropriations 2173 through 2195 of the 2011-2012 General Appropriations Act.”
601.152 Special marketing orders.—
(1)(a) Whenever, upon its own motion or upon petition of any handler or producer or group or association of handlers or producers of citrus fruit, the commission, upon affirmative vote of nine of its members, determines:
1. That the conduct of a special advertising and promotional marketing campaign or the conduct of market and product research and development, in addition to the advertising campaign being conducted pursuant to s. 601.15 and the research being conducted pursuant to the other provisions of the Florida Citrus Code, may substantially further increase the consumer acceptance and consumption of, and strengthen the market for, any type, variety, or form of citrus fruit or processed citrus product by further increasing the number of families buying such citrus fruit or such processed citrus product or by further increasing the quantity of such citrus fruit or processed citrus product purchased by buying families; and
2. That such substantial further increase and strengthening may be of substantial benefit to handlers thereof, producers thereof, and to the economy and well-being of the state
the commission shall direct that a proposed marketing order be formulated for a special marketing campaign of advertising and sales promotion, including, but not limited to, brand advertising rebate promotions or the conduct of market and product research and development for such type, variety, or form of citrus fruit or processed citrus product, and shall designate a public hearing to consider adoption and implementation of such proposed marketing order.
(b) Notice of the time, place, and purpose of such public hearing shall be:
1. Mailed, not less than 10 days prior to such hearing, to each handler who, during the 12 months immediately preceding such mailing, has first handled in the primary channel of trade in Florida the type, variety, and form of citrus fruit or citrus product specified in the proposed marketing order, and to each handler who the Department of Citrus has good cause to believe will, during the period of time covered by the proposed marketing order, first handle in the primary channel of trade in Florida the type, variety, and form of citrus fruit or processed citrus product specified in such proposed marketing order.
2. Published in the Florida Administrative Weekly not less than 10 days prior to such hearing.
(c) A full and complete record of all proceedings at such public hearing shall be made and filed by the department at its offices, which record, when signed by the chair of the commission and authenticated by the seal of the department, shall constitute prima facie evidence of such proceedings in all courts of this state.
(d) Copies of the proposed marketing order shall be made available to the public at the offices of the Department of Citrus at Lakeland at least 5 days prior to such hearing and shall be in sufficient detail to apprise all persons having an interest therein of the approximate amount of moneys proposed to be expended; the assessments to be levied thereunder; and the general details of the proposed marketing order for a special marketing campaign of advertising or sales promotion or market or product research and development. Among the details so specified shall be the period of time during which the assessment imposed pursuant to subsection (8) will be levied upon the privilege so assessed, which period may not be greater than 2 years. The order may, however, provide that the expenditure of the funds received from the imposition of such assessments shall not be so confined, but may be expended during such time or times as shall be specified in the proposed marketing order, which may be either during the shipping season immediately preceding the shipping seasons during which such assessments are imposed or during, or at any time subsequent to, the shipping seasons during which such assessments are imposed. Nothing herein shall be construed to prevent the imposition of a subsequent marketing order either before, during, or after the expenditure of funds collected pursuant to a previously imposed marketing order, provided the aggregate of the assessments imposed may not exceed the maximum permitted under subsection (8).
(e) A proposed marketing order shall specify the type, variety, and form of citrus fruit or processed citrus product to be covered by the order and whether it applies:
1. To such citrus fruit or processed citrus product if it was so packed or processed from fruit first placed in the primary channel of trade in Florida during the period of time specified in the marketing order for the imposition of such assessments, or
2. To such citrus fruit or processed citrus product if it was so packed, processed, or shipped in such type, variety, and form during the period of time specified in the marketing order for the imposition of such assessments.
(f) If a marketing order provides for a brand advertising rebate promotion, the details specified shall include the requirements which must be met by the handler, broker, distributor, or grower in order to be eligible for rebate of advertising or promotional expenditures; the amount, or a method for computing the amount, rebatable; and the procedure for making rebates.
(g) Any marketing order may provide that policy decisions with respect to details not specifically set forth in such marketing order may be made either by the commission upon its own motion or by the commission upon the recommendation of any handlers’ committee that may be established by the order. Otherwise such policy decisions shall be made by the commission.
(2) After such notice and hearing, the commission shall determine whether or not implementation of the new special marketing order, as originally proposed or as amended at the public hearing, will substantially further increase the consumer acceptance and consumption of the citrus fruit or processed citrus product specified in such marketing order and that such substantial further increase in the consumer acceptance and consumption thereof will be of substantial benefit to the handlers and producers thereof and to the economy and well-being of the state. If the commission so determines and if it adopts a marketing order, the commission shall direct that such marketing order be subjected to a referendum of the handlers who have, during a representative period to be selected by the commission, handled in the primary channel of trade in Florida the type, variety, and form of citrus fruit or processed citrus product specified in such marketing order.
(3) No marketing order adopted pursuant to this section shall be effective unless and until the commission, at a public meeting, determines such marketing order to have been assented to by referendum by at least 67 percent of the handlers covered by the marketing order who, during the representative period determined by the commission, first handled in the primary channel of trade in Florida not less than 51 percent of the total volume of the type, variety, and form of citrus fruit or processed citrus product specified in the marketing order.
(4) The Department of Citrus is authorized to prescribe such procedures as it deems necessary properly to conduct a referendum among handlers covered by the marketing order to determine whether such marketing order has been so assented to.
(5)(a) Any marketing order adopted pursuant to this section and subsequently approved by referendum as provided herein shall become effective 15 days after referendum approval is officially determined by the commission. Chapter 120 does not apply to this section. Any such marketing order shall be reviewable by any person adversely affected, by certiorari to the district courts of appeal in the manner prescribed by the Florida Rules of Appellate Procedure. The venue of the proceeding for such review shall be the appellate district which includes the county in which the hearings were conducted or, if the venue cannot be thus determined, the appellate district wherein the Department of Citrus executive offices are located.
(b) In cases in which certiorari is granted pursuant to this section, the court may issue its mandate or order with directions to the agency to enter in the proceedings as is appropriate on the record, or the court may remand the cause for such further proceedings, including the taking of testimony, as may to the court seem necessary or proper:
1. To accord the parties due process of law;
2. To establish a sufficient record for review;
3. To accord the parties their constitutional, statutory, or procedural rights; or
4. To accomplish the purposes and objectives of the law pursuant to which the administrative proceeding was initiated.
(6) Any marketing order so implemented under this section may be amended subsequent to its implementation, provided such amendment has been formulated, published, subjected to public hearing, determined by the commission to meet the requirements set forth in the other subsections hereof, and assented to in the same manner and in accordance with all of the procedures and requirements set forth in this section for implementation of the original marketing order. Any such amendment may:
(a) Terminate, extend, accelerate, or defer the conduct of the campaign.
(b) Defer for one or more shipping seasons the imposition of assessments thereunder.
(c) Extend by not more than 2 additional years the period of time during which the assessments imposed pursuant to subsection (8) may be levied upon the privilege so assessed.
(d) Increase (subject to the maximum limitations imposed herein) or reduce the assessments or the amount of moneys to be expended.
(e) Alter the general details of the campaign.
(f) Otherwise amend the originally implemented marketing order.
(7) For the purpose of carrying out any and all provisions of this section, the department, or its duly authorized or designated representative or representatives, may hold hearings, take testimony, and administer oaths. Copies of the proceedings, records, and acts of the department and the handlers’ committee, if any, established by the marketing order and certificates purporting to relate the facts concerning such proceedings, records, and acts signed by the chair of the commission and authenticated by the seal of the department shall be prima facie evidence thereof in all the courts of the state.
(8)(a) Each person who, during the period of time specified in any marketing order implemented pursuant to this section, first handles in the primary channel of trade in Florida any citrus fruit or processed citrus product of the type, variety, and form specified in such marketing order shall, for the privilege of so handling such citrus fruit or such citrus product, pay to the Department of Citrus such assessments as are levied and imposed thereon by such marketing order, which funds shall be used by the Department of Citrus to defray the necessary expenses incurred in the formation, issuance, administration, and enforcement of such marketing order and in the conduct of the special marketing campaign or market and product research and development provided for in such marketing order. However, such assessments levied and imposed pursuant hereto shall be at a rate not to exceed 8 cents per standard-packed box on citrus fruits in fresh form, 1.3 cents per gallon on single strength citrus juices or sections, or 1.3 cents per pound of soluble citrus solids on concentrated citrus juices.
(b) The Department of Citrus shall prescribe procedures for the assessment and collection of such funds to defray the necessary expenses incurred, or expected to be incurred, by the Department of Citrus in the formation, issuance, administration, and enforcement of any marketing order implemented pursuant to the provisions of this section.
(c) Every handler shall, at such times as the department may require, file with the Department of Citrus a return, not under oath, on forms to be prescribed and furnished by the Department of Citrus, certified as true and correct, stating the quantity of the type, variety, and form of citrus fruit or citrus product specified in the marketing order first handled in the primary channels of trade in Florida by such handler during the period of time specified in the marketing order. Such returns shall contain any further information deemed by the Department of Citrus to be reasonably necessary to properly administer or enforce the provisions of this section or any marketing order implemented hereunder. Information that, if disclosed, would reveal a trade secret, as defined in s. 812.081, of any person subject to a marketing order is confidential and exempt from the provisions of s. 119.07(1).
(d) All assessments imposed under and pursuant to the provisions of this section shall be due and payable and shall be paid by such handlers at such times and in such installments as the commission shall prescribe in such marketing order, or the amount thereof shall be provided for and guaranteed by giving a surety bond or cash deposit or as the Department of Citrus may otherwise prescribe.
(9)(a) All moneys collected by the Department of Citrus under this section shall be set aside in the Florida Citrus Advertising Trust Fund as a special fund to be known as the “Citrus Special Marketing Order Fund.” All moneys in such fund, after deducting the service charge provided in s. 601.15(7), are hereby appropriated to the Department of Citrus for the actual expenses incurred by the Department of Citrus with respect to the formulation, issuance, administration, and enforcement of any marketing order so implemented and in the conduct of the special marketing campaign or market and product research and development to be carried out pursuant to any such marketing order so implemented. Upon the completion of the special marketing campaign or market and product research and development provided for pursuant to any marketing order so implemented hereunder, any and all moneys remaining and not required by the Department of Citrus to defray the expenses of such marketing order shall be deposited to and made a part of the Florida Citrus Advertising Trust Fund created by s. 601.15.
(b) If the Department of Citrus finds it necessary to do so, it may transfer to the Citrus Special Marketing Order Fund from any other portion of the Florida Citrus Advertising Trust Fund, including the Emergency Reserve Fund and any other special or reserve fund, such sum of money as the Department of Citrus determines is initially required to formulate, issue, administer, and enforce any such marketing order and conduct the special marketing campaign or market and product research and development to be carried out pursuant to such marketing order until moneys in the Citrus Special Marketing Order Fund derived from assessments imposed and collected pursuant to this section are sufficient for such purposes, and thereafter repay such advance out of the Citrus Special Marketing Order Fund.
(10)(a) Any handler who fails to file a return or to pay any assessment within the time required shall thereby forfeit to the Department of Citrus a penalty of 5 percent of the amount of assessment then due; but the Department of Citrus, upon good cause shown, may waive all or any part of such penalty. Such penalty shall be paid to the Department of Citrus and disposed of as provided with respect to moneys derived from the assessments imposed pursuant to this section.
(b) The Department of Citrus may collect the assessments imposed pursuant to this section in either or all of the following methods:
1. The voluntary payment by the handler liable therefor;
2. By a suit at law;
3. By a suit in equity to enjoin and restrain any handler owing such assessments from operating his or her business or engaging in business as a citrus fruit dealer until the delinquent assessments are paid. Such action may include an accounting to determine the amount of assessments plus delinquencies due. In any such proceeding, it shall not be necessary to allege or prove that an adequate remedy at law does not exist.
(11) This section shall be liberally construed to effectuate the purposes set forth and as additional and supplemental powers vested in the Department of Citrus under the police power of this state.
History.—ss. 1, 3, ch. 61-87; s. 2, ch. 61-119; s. 1, ch. 63-81; s. 1, ch. 65-90; s. 1, ch. 67-85; s. 1, ch. 69-267; s. 22, ch. 71-186; s. 154, ch. 73-333; s. 1, ch. 76-9; s. 1, ch. 77-174; s. 10, ch. 78-95; s. 12, ch. 83-339; s. 11, ch. 92-4; s. 357, ch. 96-406; s. 1193, ch. 97-103.
601.155 Equalizing excise tax; credit; exemption.—
(1) The first person who exercises in this state the privilege of processing, reprocessing, blending, or mixing processed orange products or processed grapefruit products or the privilege of packaging or repackaging processed orange products or processed grapefruit products into retail or institutional size containers or, except as provided in subsection (9) or except if a tax is levied and collected on the exercise of one of the foregoing privileges, the first person having title to or possession of any processed orange product or any processed grapefruit product who exercises the privilege in this state of storing such product or removing any portion of such product from the original container in which it arrived in this state for purposes other than official inspection or direct consumption by the consumer and not for resale shall be assessed and shall pay an excise tax upon the exercise of such privilege at the rate described in subsection (2).
(2) Upon the exercise of any privilege described in subsection (1), the excise tax levied by this section shall be at the same rate per box of oranges or grapefruit utilized in the initial production of the processed citrus products so handled as that imposed, at the time of exercise of the taxable privilege, by s. 601.15 per box of oranges.
(3) For the purposes of this section, the number of boxes of oranges or grapefruit utilized in the initial production of processed citrus products subject to the taxable privilege shall be:
(a) The actual number of boxes so utilized, if known and verified in accordance with Department of Citrus rules; or
(b) An equivalent number established by Department of Citrus rule which, on the basis of existing data, reasonably equates to the quantity of citrus contained in the product, when the actual number of boxes so utilized is not known or properly verified.
(4) For purposes of this section:
(a) “Processed orange products” means products for human consumption consisting of 20 percent or more single strength equivalent orange juice; orange sections, segments, or edible components; or whole peeled fruit.
(b) “Processed grapefruit products” means products for human consumption consisting of 20 percent or more single strength equivalent grapefruit juice; grapefruit sections, segments, or edible components; or whole peeled fruit.
(c) “Original container” includes any vessel, tanker or tank car or other transport vehicle.
(d) “Retail or institutional container” means a container having a capacity of 10 gallons or less.
(5) Products made in whole or in part from citrus fruit on which an equivalent tax is levied pursuant to s. 601.15 are exempt from the tax imposed by this section. In the case of products made in part from citrus fruit exempt from the tax imposed by this section, it shall be the burden of the persons liable for the excise tax to show the Department of Citrus, through competent evidence, proof of that part which is not subject to a taxable privilege.
(6) Every person liable for the excise tax imposed by this section shall keep a complete and accurate record of the receipt, storage, handling, exercise of any taxable privilege under this section, and shipment of all products subject to the tax imposed by this section. Such record shall be preserved for a period of 1 year and shall be offered for inspection upon oral or written request by the Department of Citrus or its duly authorized agent.
(7) Every person liable for the excise tax imposed by this section shall, at such times and in such manner as the Department of Citrus may by rule require, file with the Department of Citrus a return, certified as true and correct, on forms to be prescribed and furnished by the Department of Citrus, stating, in addition to other information reasonably required by the Department of Citrus, the number of units of processed orange or grapefruit products subject to this section upon which any taxable privilege under this section was exercised during the period of time covered by the return. Full payment of excise taxes due for the period reported shall accompany each return.
(8) All taxes levied and imposed by this section shall be due and payable within 61 days after the first of the taxable privileges is exercised in this state. Periodic payment of the excise taxes imposed by this section by the person first exercising the taxable privileges and liable for such payment shall be permitted only in accordance with Department of Citrus rules, and the payment thereof shall be guaranteed by the posting of an appropriate certificate of deposit, approved surety bond, or cash deposit in an amount and manner as prescribed by the Department of Citrus.
(9) When any processed orange or grapefruit product is stored or removed from its original container as provided in subsection (1), the equalizing excise tax is levied on such storage or removal, and such product is subsequently shipped out of the state in a vessel, tanker or tank car, or container having a capacity greater than 10 gallons, the person who is liable for the tax shall be entitled to a tax refund, if such tax has been paid, or to a tax credit, provided she or he can provide satisfactory proof that such product has been shipped out of the state and that no privilege taxable under subsection (1) other than storage or removal from the original container was exercised prior to such shipment out of the state.
(10) Notwithstanding any other provision of law, the Department of Citrus shall develop a process by which any person liable for the excise tax imposed under this section may annually object to payment of the tax. Any such objection must be allowed without discretion as to the validity thereof, and that person shall be granted the immediate right to elect not to pay two-thirds of the applicable tax rate. The Department of Citrus may not expend any of the remaining one-third of the applicable tax rate on any advertising, marketing, or public relations activities to which any person liable for the excise tax imposed under this section objects; however, such funds may be used for research, administrative, and regulatory activities. Effective July 1, 2004, upon any necessary legislative appropriation of moneys due under the settlement agreement of Consolidated Case No. 2002-CA-4686 in the Circuit Court of the Tenth Judicial Circuit in Polk County, the plaintiffs shall agree to the dismissal of their claim under the foreign commerce clause with prejudice.
(11) All excise taxes levied and collected under the provisions of this section, including penalties, shall be paid into the State Treasury to be made a part of the Florida Citrus Advertising Trust Fund in the same manner, for the same purposes, and in the same proportions as set forth in s. 601.15(7). Any person failing to file a return or pay any assessment within the time required shall thereby forfeit to the Department of Citrus a penalty of 5 percent of the amount of assessment then due; but the Department of Citrus, on good cause shown, may waive all or any part of such penalty.
(12) This section shall be liberally construed to effectuate the purposes set forth and as additional and supplemental powers vested in the Department of Citrus under the police power of this state.
History.—s. 1, ch. 70-142; s. 1, ch. 70-439; s. 22, ch. 71-186; s. 1, ch. 73-29; s. 1, ch. 78-99; s. 1, ch. 83-143; s. 3, ch. 85-170; s. 4, ch. 87-44; s. 971, ch. 97-103; s. 79, ch. 2000-154; s. 2, ch. 2002-26; s. 1, ch. 2004-36.
601.16 Grapefruit maturity standards; fresh and processed.—
(1)(a) Seedless grapefruit for fresh use, except as provided herein, shall not be deemed mature until:
1. Each fruit, after having been severed from the tree, shows a break in color, with yellow color predominating on not less than 25 percent of the fruit’s surface in the aggregate;
2. The total soluble solids (Brix) of the juice is not less than 7.5 percent;
3. The ratio of the total soluble solids to anhydrous citric acid meets the requirements of s. 601.17; and
4. The juice content of each fruit is not less than the minimum requirements for the respective fruit size as set forth in s. 601.18.
(b) Except for the period January 1 through July 31, seedless grapefruit meeting minimum color break, ratio, and juice content requirements of paragraph (a) shall be deemed mature when the total soluble solids (Brix) of the juice is not less than 7 percent.
(c) Except for the period April 15 through July 31, seedless grapefruit meeting minimum color break, soluble solids, and juice content requirements of paragraph (a) shall be deemed mature when the ratio of soluble solids to anhydrous citric acid is not less than six to one.
(d) Except the commission may, by rule, during the period November 1 through July 31, lower by not more than 0.5 percent the minimum total soluble solids requirement established by this section for pink and red seedless grapefruit. Any such rule shall automatically expire on July 31 next following its adoption.
(2)(a) Seeded grapefruit for fresh use, except as provided herein, shall not be deemed mature until:
1. Each fruit, after having been severed from the tree, shows a break in color, with yellow color predominating on not less than 25 percent of the fruit’s surface in the aggregate;
2. The total soluble solids (Brix) of the juice is not less than 8 percent;
3. The ratio of the total soluble solids to anhydrous citric acid meets the requirements of s. 601.17; and
4. The juice content of each fruit is not less than the minimum requirements for the respective fruit size as set forth in s. 601.18.
(b) Except for the period January 1 through July 31, seeded grapefruit meeting minimum color break, ratio, and juice content requirements of paragraph (a) shall be deemed mature when the total soluble solids (Brix) of the juice is not less than 7.5 percent.
(c) Except for the period April 15 through July 31, seeded grapefruit meeting minimum color break, soluble solids, and juice content requirements of paragraph (a) shall be deemed mature when the ratio of soluble solids to anhydrous citric acid is not less than six to one.
(3) Grapefruit for processing into juices and juice products shall be deemed mature as follows:
(a) For the period August 1 through November 30, maturity requirements for juice content, acid, and color break shall be the same as established herein for grapefruit for fresh use. After November 30, there shall be no minimum requirement for juice content, acid, or color break.
(b) For the period August 1 through November 30, the total soluble solids (Brix) of the juice from seedy grapefruit shall be not less than 8 percent, and the minimum ratio of total soluble solids to anhydrous citric acid shall be not less than eight to one.
(c) For the period August 1 through November 30, the total soluble solids (Brix) of the juice from seedless grapefruit shall be not less than 7.5 percent, and the minimum ratio of total soluble solids to anhydrous citric acid shall be not less than eight to one.
(d) For the period December 1 through December 31, the total soluble solids (Brix) of the juice from seedy and seedless grapefruit shall be not less than 7 percent, and the minimum ratio of total soluble solids to anhydrous citric acid shall be not less than eight to one.
(e) For the period January 1 through January 31, the total soluble solids (Brix) of the juice from seedy and seedless grapefruit shall be not less than 6.5 percent, and the minimum ratio of total soluble solids to anhydrous citric acid shall be not less than eight to one.
(f) For the period February 1 through April 14, the total soluble solids (Brix) of the juice from seedy and seedless grapefruit shall be not less than 6.5 percent, and the minimum ratio of total soluble solids to anhydrous citric acid shall be not less than six and one-half to one.
(g) For the period April 15 through July 31, the total soluble solids (Brix) of the juice from seedy and seedless grapefruit shall be not less than 6.5 percent, and the minimum ratio of total soluble solids to anhydrous citric acid shall be not less than six to one.
(h) All grapefruit subject to inspection at a registered packinghouse, eliminated from final packing, and legally diverted from the packinghouse for processing into juice and juice products shall be deemed mature as provided in paragraphs (a)-(g), except that, for the period August 1 through January 31, the minimum ratio of total soluble solids to anhydrous citric acid shall be not less than seven and one-half to one. For the period August 1 through January 31, such fruit failing to meet maturity standards as provided may be used in the production of products as provided in s. 601.9906(2).
(i) Any grapefruit which is subject to inspection at a registered citrus processing plant for processing into grapefruit sections and salads, eliminated from processing into grapefruit sections and salads, and diverted for processing into juice and juice products shall be deemed mature as provided in subsection (4).
(4) Grapefruit for processing into grapefruit sections and salads shall be deemed mature as follows:
(a) For the period August 1 through November 30, maturity requirements shall be the same as established herein for grapefruit for fresh use.
(b) After November 30, there shall be no minimum requirements for juice content, acid, or color break.
(c) For the period December 1 through December 31, the total soluble solids (Brix) of the juice shall be not less than 7 percent, and the minimum ratio of total soluble solids to anhydrous citric acid shall meet the requirements of s. 601.17.
(d) For the period January 1 through April 14, the total soluble solids (Brix) of the juice shall be not less than 6.5 percent, and the minimum ratio of total soluble solids to anhydrous citric acid shall be not less than six and one-half to one.
(e) For the period April 15 through July 31, the total soluble solids (Brix) of the juice shall be not less than 6.5 percent, and the minimum ratio of total soluble solids to anhydrous citric acid shall be not less than six to one.
(5) The commission may, by rule, for the period April 15 through July 31, adjust any minimum total soluble solids requirement for grapefruit for processing purposes established by this section. Any such rule shall automatically expire on July 31 following its adoption.
History.—s. 16, ch. 25149, 1949; s. 12, ch. 26492, 1951; s. 1, ch. 28090, 1953; s. 1, ch. 59-13; s. 1, ch. 61-50; s. 22, ch. 71-186; s. 1, ch. 78-61; s. 1, ch. 85-50; s. 4, ch. 87-226; s. 1, ch. 96-228.
601.17 Grapefruit; minimum ratios of solids to acid.—The minimum ratios of the total soluble solids of the juice of grapefruit to the anhydrous citric acid shall be as follows:
(1) When the total soluble solids of the juice is not less than 6.5 percent and not more than 9.1 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 7 to 1.
(2) When the total soluble solids of the juice is not less than 9.1 percent and not more than 9.2 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 6.95 to 1.
(3) When the total soluble solids of the juice is not less than 9.2 percent and not more than 9.3 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 6.90 to 1.
(4) When the total soluble solids of the juice is not less than 9.3 percent and not more than 9.4 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 6.85 to 1.
(5) When the total soluble solids of the juice is not less than 9.4 percent and not more than 9.5 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 6.80 to 1.
(6) When the total soluble solids of the juice is not less than 9.5 percent and not more than 9.6 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 6.75 to 1.
(7) When the total soluble solids of the juice is not less than 9.6 percent and not more than 9.7 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 6.70 to 1.
(8) When the total soluble solids of the juice is not less than 9.7 percent and not more than 9.8 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 6.65 to 1.
(9) When the total soluble solids of the juice is not less than 9.8 percent and not more than 9.9 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 6.60 to 1.
(10) When the total soluble solids of the juice is not less than 9.9 percent and not more than 10 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 6.55 to 1.
(11) When the total soluble solids of the juice is not less than 10 percent and not more than 10.1 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 6.50 to 1.
(12) When the total soluble solids of the juice is not less than 10.1 percent and not more than 10.2 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 6.475 to 1.
(13) When the total soluble solids of the juice is not less than 10.2 percent and not more than 10.3 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 6.45 to 1.
(14) When the total soluble solids of the juice is not less than 10.3 percent and not more than 10.4 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 6.425 to 1.
(15) When the total soluble solids of the juice is not less than 10.4 percent and not more than 10.5 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 6.40 to 1.
(16) When the total soluble solids of the juice is not less than 10.5 percent and not more than 10.6 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 6.375 to 1.
(17) When the total soluble solids of the juice is not less than 10.6 percent and not more than 10.7 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 6.35 to 1.
(18) When the total soluble solids of the juice is not less than 10.7 percent and not more than 10.8 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 6.325 to 1.
(19) When the total soluble solids of the juice is not less than 10.8 percent and not more than 10.9 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 6.30 to 1.
(20) When the total soluble solids of the juice is not less than 10.9 percent and not more than 11 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 6.275 to 1.
(21) When the total soluble solids of the juice is not less than 11 percent and not more than 11.1 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 6.25 to 1.
(22) When the total soluble solids of the juice is not less than 11.1 percent and not more than 11.2 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 6.225 to 1.
(23) When the total soluble solids of the juice is not less than 11.2 percent and not more than 11.3 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 6.20 to 1.
(24) When the total soluble solids of the juice is not less than 11.3 percent and not more than 11.4 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 6.175 to 1.
(25) When the total soluble solids of the juice is not less than 11.4 percent and not more than 11.5 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 6.15 to 1.
(26) When the total soluble solids of the juice is not less than 11.5 percent and not more than 11.6 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 6.125 to 1.
(27) When the total soluble solids of the juice is not less than 11.6 percent and not more than 11.7 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 6.10 to 1.
(28) When the total soluble solids of the juice is not less than 11.7 percent and not more than 11.8 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 6.075 to 1.
(29) When the total soluble solids of the juice is not less than 11.8 percent and not more than 11.9 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 6.05 to 1.
(30) When the total soluble solids of the juice is not less than 11.9 percent and not more than 12 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 6.025 to 1.
(31) When the total soluble solids of the juice is not less than 12 percent or is more than 12 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 6 to 1.
History.—s. 17, ch. 25149, 1949; s. 2, ch. 28090, 1953.
601.18 Grapefruit; minimum juice content.—
(1) During that period of time beginning with August 1 of each year and ending with November 15 of the same year, both dates inclusive, the minimum juice content of the juice of the respective sizes of grapefruit is as follows, each size being designated by the commercial number assigned to it based on the number of grapefruit of said size packed commercially in a standard 4/5 Florida packed box of grapefruit:
(a) A grapefruit of size 14 shall contain not less than 400 cubic centimeters of juice.
(b) A grapefruit of size 18 shall contain not less than 350 cubic centimeters of juice.
(c) A grapefruit of size 23 shall contain not less than 305 cubic centimeters of juice.
(d) A grapefruit of size 27 shall contain not less than 275 cubic centimeters of juice.
(e) A grapefruit of size 32 shall contain not less than 245 cubic centimeters of juice.
(f) A grapefruit of size 36 shall contain not less than 230 cubic centimeters of juice.
(g) A grapefruit of size 40 shall contain not less than 210 cubic centimeters of juice.
(h) A grapefruit of size 48 shall contain not less than 185 cubic centimeters of juice.
(i) A grapefruit of size 56 shall contain not less than 170 cubic centimeters of juice.
(j) A grapefruit of size 64 shall contain not less than 165 cubic centimeters of juice.
(2) During that period of time beginning with November 16 of each year and ending with March 1 of the following year, both dates inclusive, the minimum juice content of the juice of the respective sizes of grapefruit shall be as follows:
(a) A grapefruit of size 14 shall contain not less than 380 cubic centimeters of juice.
(b) A grapefruit of size 18 shall contain not less than 335 cubic centimeters of juice.
(c) A grapefruit of size 23 shall contain not less than 290 cubic centimeters of juice.
(d) A grapefruit of size 27 shall contain not less than 265 cubic centimeters of juice.
(e) A grapefruit of size 32 shall contain not less than 230 cubic centimeters of juice.
(f) A grapefruit of size 36 shall contain not less than 220 cubic centimeters of juice.
(g) A grapefruit of size 40 shall contain not less than 200 cubic centimeters of juice.
(h) A grapefruit of size 48 shall contain not less than 180 cubic centimeters of juice.
(i) A grapefruit of size 56 shall contain not less than 165 cubic centimeters of juice.
(j) A grapefruit of size 64 shall contain not less than 160 cubic centimeters of juice.
(3) During that period of time beginning with March 2 of each year and ending with July 31 of the same year, both dates inclusive, the minimum juice content of the juice of respective sizes of grapefruit shall be as follows:
(a) A grapefruit of size 14 shall contain not less than 360 cubic centimeters of juice.
(b) A grapefruit of size 18 shall contain not less than 320 cubic centimeters of juice.
(c) A grapefruit of size 23 shall contain not less than 275 cubic centimeters of juice.
(d) A grapefruit of size 27 shall contain not less than 250 cubic centimeters of juice.
(e) A grapefruit of size 32 shall contain not less than 220 cubic centimeters of juice.
(f) A grapefruit of size 36 shall contain not less than 210 cubic centimeters of juice.
(g) A grapefruit of size 40 shall contain not less than 190 cubic centimeters of juice.
(h) A grapefruit of size 48 shall contain not less than 170 cubic centimeters of juice.
(i) A grapefruit of size 56 shall contain not less than 155 cubic centimeters of juice.
(j) A grapefruit of size 64 shall contain not less than 150 cubic centimeters of juice.
(4) Provided, however, that if the Department of Citrus determines that unusual or abnormal conditions exist and a change in the juice requirements will be in the best interests of the citrus industry, it may, by resolution, decrease the required juice content of grapefruit, by varieties, during the period beginning November 16 and ending March 1 of the following year, both dates inclusive as provided in subsection (2), but in no event shall the required juice content during this period be less than the juice content required during the period beginning March 2 of each year and ending July 31 of the same year, as provided in subsection (3).
(5) Provided further, however, that the Department of Citrus is hereby authorized to establish by regulation different sizes, including changes in diameter ranges for existing sizes, for grapefruit based on the number of grapefruit as packed commercially. At that time it shall also fix for each period the minimum juice content for the respective sizes so established, but in no event shall the juice content, during any period, be proportionately less than as above fixed.
History.—s. 18, ch. 25149, 1949; s. 1, ch. 29760, 1955; s. 1, ch. 57-12; s. 1, ch. 61-93; s. 1, ch. 67-22; s. 22, ch. 71-186; s. 2, ch. 96-228.
601.19 Oranges; maturity standards.—
(1) During that period of time beginning with August 1 of each year and ending with October 31 of the same year, both dates inclusive, oranges shall be deemed to be mature only when each orange, after having been clipped, picked, or otherwise severed from the tree, shows a break in color, with yellow color predominating on not less than 50 percent of the fruit’s surface in the aggregate, except that oranges of the Parson Brown variety need show only such a break in color on not less than 25 percent of the fruit’s surface in the aggregate; when the total soluble solids of the juice of the sample thereof is not less than 9 percent; when the ratio of total soluble solids of the juice of the sample thereof to the anhydrous citric acid is as set forth in s. 601.20; when the juice of the sample contains not less than 0.4 percent of anhydrous citric acid; and when the juice content of said orange sample is in an amount not less than at the rate of 41/2 gallons of juice per standard-packed box.
(2) During that period of time beginning with November 1 of each year and ending with November 15 of the same year, both dates inclusive, oranges shall be deemed to be mature only when each orange, after having been clipped, picked, or otherwise severed from the tree, shows a break in color, with yellow color predominating on not less than 50 percent of the fruit’s surface in the aggregate, except that oranges of the Parson Brown variety need show only such a break in color on not less than 25 percent of the fruit’s surface in the aggregate; when the total soluble solids of the juice of the sample thereof is not less than 8.7 percent; when the ratio of total soluble solids of the juice of the sample thereof to the anhydrous citric acid is as set forth in s. 601.20; when the juice of the sample contains not less than 0.4 percent of anhydrous citric acid; and when the juice content of said orange sample is in an amount not less than at the rate of 41/2 gallons of juice per standard-packed box.
(3) During that period of time beginning with November 16 of each year and ending with July 31 of the following year, both dates inclusive, oranges shall be deemed to be mature only when each orange, after having been clipped, picked, or otherwise severed from the tree, shows a break in color, with yellow color predominating on not less than 25 percent of the fruit’s surface in the aggregate; when the total soluble solids of the juice of the sample thereof is not less than 8.5 percent; when the ratio of the total soluble solids of the juice of the sample thereof to the anhydrous citric acid is as set forth in s. 601.20; when the juice of the sample contains not less than 0.4 percent of anhydrous citric acid; and when the juice content of said orange sample is in an amount not less than at the rate of 41/2 gallons of juice per standard-packed box. If in any particular shipping season it shall appear to the Department of Citrus, after a public hearing held not earlier than October 5 and called and held to determine such question, that oranges are then maturing earlier than normally as herein defined in this section, then the Department of Citrus may by order, rule, or regulation to be issued or promulgated and to become effective not later than October 10, declare and provide that during that period of time beginning with August 1 and ending with October 16, both dates inclusive, oranges meeting all other maturity standards shall be deemed to be mature when the total soluble solids of the juice of the sample thereof is not less than 9 percent, and during that period of time beginning with October 17 and ending with October 31, both dates inclusive, oranges meeting all other maturity standards shall be deemed to be mature when the total soluble solids of the juice of the sample thereof is not less than 8.7 percent, and during that period of time beginning with November 1 and ending July 31 of the following year, both dates inclusive, oranges meeting all other maturity standards shall be deemed to be mature when the total soluble solids of the juice of the sample thereof is not less than 8.5 percent.
(4) However, from December 1 of each year to July 31 of the following year, both dates inclusive, oranges shall be deemed to be mature for canning and concentrating purposes when the total soluble solids of the juice thereof is not less than 8 percent and when the minimum ratio of the total soluble solids of the juice thereof to the anhydrous citric acid is as set forth in s. 601.20, with no minimum requirement as to juice content, acid, or color break.
History.—s. 19, ch. 25149, 1949; s. 8, ch. 71-186; s. 3, ch. 96-228.
601.20 Oranges; minimum ratios of solids to acid.—The minimum ratios of the total soluble solids of the juice of oranges to the anhydrous citric acid shall be as follows:
(1) When the total soluble solids of the juice is not less than 8 percent and not more than 8.1 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 10.50 to 1.
(2) When the total soluble solids of the juice is not less than 8.1 percent and not more than 8.2 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 10.45 to 1.
(3) When the total soluble solids of the juice is not less than 8.2 percent and not more than 8.3 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 10.40 to 1.
(4) When the total soluble solids of the juice is not less than 8.3 percent and not more than 8.4 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 10.35 to 1.
(5) When the total soluble solids of the juice is not less than 8.4 percent and not more than 8.5 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 10.30 to 1.
(6) When the total soluble solids of the juice is not less than 8.5 percent and not more than 8.6 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 10.25 to 1.
(7) When the total soluble solids of the juice is not less than 8.6 percent and not more than 8.7 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 10.20 to 1.
(8) When the total soluble solids of the juice is not less than 8.7 percent and not more than 8.8 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 10.15 to 1.
(9) When the total soluble solids of the juice is not less than 8.8 percent and not more than 8.9 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 10.10 to 1.
(10) When the total soluble solids of the juice is not less than 8.9 percent and not more than 9 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 10.05 to 1.
(11) When the total soluble solids of the juice is not less than 9 percent and not more than 9.1 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 10 to 1.
(12) When the total soluble solids of the juice is not less than 9.1 percent and not more than 9.2 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 9.95 to 1.
(13) When the total soluble solids of the juice is not less than 9.2 percent and not more than 9.3 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 9.90 to 1.
(14) When the total soluble solids of the juice is not less than 9.3 percent and not more than 9.4 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 9.85 to 1.
(15) When the total soluble solids of the juice is not less than 9.4 percent and not more than 9.5 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 9.80 to 1.
(16) When the total soluble solids of the juice is not less than 9.5 percent and not more than 9.6 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 9.75 to 1.
(17) When the total soluble solids of the juice is not less than 9.6 percent and not more than 9.7 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 9.70 to 1.
(18) When the total soluble solids of the juice is not less than 9.7 percent and not more than 9.8 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 9.65 to 1.
(19) When the total soluble solids of the juice is not less than 9.8 percent and not more than 9.9 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 9.60 to 1.
(20) When the total soluble solids of the juice is not less than 9.9 percent and not more than 10 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 9.55 to 1.
(21) When the total soluble solids of the juice is not less than 10 percent and not more than 10.1 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 9.50 to 1.
(22) When the total soluble solids of the juice is not less than 10.1 percent and not more than 10.2 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 9.45 to 1.
(23) When the total soluble solids of the juice is not less than 10.2 percent and not more than 10.3 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 9.40 to 1.
(24) When the total soluble solids of the juice is not less than 10.3 percent and not more than 10.4 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 9.35 to 1.
(25) When the total soluble solids of the juice is not less than 10.4 percent and not more than 10.5 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 9.30 to 1.
(26) When the total soluble solids of the juice is not less than 10.5 percent and not more than 10.6 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 9.25 to 1.
(27) When the total soluble solids of the juice is not less than 10.6 percent and not more than 10.7 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 9.20 to 1.
(28) When the total soluble solids of the juice is not less than 10.7 percent and not more than 10.8 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 9.15 to 1.
(29) When the total soluble solids of the juice is not less than 10.8 percent and not more than 10.9 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 9.10 to 1.
(30) When the total soluble solids of the juice is not less than 10.9 percent and not more than 11 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 9.05 to 1.
(31) When the total soluble solids of the juice is 11 percent or more, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 9 to 1.
History.—s. 20, ch. 25149, 1949; s. 10, ch. 26484, 1951; s. 1, ch. 59-8; s. 1, ch. 67-23; s. 9, ch. 71-186.
601.21 Tangerine maturity standards.—
(1) Tangerines shall be deemed to be mature only when each tangerine after having been clipped, picked, or otherwise severed from the tree, shows a break in color, with yellow color predominating on not less than 50 percent of the fruit’s surface in the aggregate; when the total soluble solids of the juice thereof is not less than 9 percent; and when the ratio of total soluble solids of the juice thereof to the anhydrous citric acid is as set forth in s. 601.22.
(2) From November 15th of each year to July 31st of the following year, both dates inclusive, tangerines shall be deemed to be mature only when each tangerine, after having been clipped, picked, or otherwise severed from the tree, shows a break in color, with yellow color predominating on not less than 50 percent of the fruit’s surface in the aggregate; and when the total soluble solids of the juice thereof is not less than 8.75 percent; and when the ratio of total soluble solids of the juice thereof to the anhydrous citric acid is as set forth in s. 601.22.
(3) From November 15th of each year to July 31 of the following year, both dates inclusive, tangerines shall be deemed to be mature for canning and concentrating purposes when the total soluble solids of the juice thereof is not less than 8.75 percent and when the minimum ratio of the juice thereof to the anhydrous citric acid is as set forth in s. 601.22, with no minimum requirements as to juice content, acid, or color break.
History.—s. 21, ch. 25149, 1949; s. 13, ch. 26492, 1951; s. 1, ch. 57-13; s. 1, ch. 59-17; ss. 10, 11, ch. 71-186; s. 4, ch. 96-228.
601.22 Tangerines; minimum ratios of solids to acid.—The minimum ratios of the total soluble solids of the juice of tangerines to the anhydrous citric acid shall be as follows:
(1) When the total soluble solids of the juice is not less than 9 percent and not more than 9.1 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 9 to 1.
(2) When the total soluble solids of the juice is not less than 9.1 percent and not more than 9.2 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 8.9 to 1.
(3) When the total soluble solids of the juice is not less than 9.2 percent and not more than 9.3 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 8.8 to 1.
(4) When the total soluble solids of the juice is not less than 9.3 percent and not more than 9.4 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 8.7 to 1.
(5) When the total soluble solids of the juice is not less than 9.4 percent and not more than 9.5 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 8.6 to 1.
(6) When the total soluble solids of the juice is not less than 9.5 percent and not more than 9.6 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 8.5 to 1.
(7) When the total soluble solids of the juice is not less than 9.6 percent and not more than 9.7 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 8.4 to 1.
(8) When the total soluble solids of the juice is not less than 9.7 percent and not more than 9.8 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 8.3 to 1.
(9) When the total soluble solids of the juice is not less than 9.8 percent and not more than 9.9 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 8.2 to 1.
(10) When the total soluble solids of the juice is not less than 9.9 percent and not more than 10 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 8.1 to 1.
(11) When the total soluble solids of the juice is not less than 10 percent and not more than 10.1 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 8 to 1.
(12) When the total soluble solids of the juice is not less than 10.1 percent and not more than 10.2 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 7.9 to 1.
(13) When the total soluble solids of the juice is not less than 10.2 percent and not more than 10.3 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 7.8 to 1.
(14) When the total soluble solids of the juice is not less than 10.3 percent and not more than 10.4 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 7.7 to 1.
(15) When the total soluble solids of the juice is not less than 10.4 percent and not more than 10.5 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 7.6 to 1.
(16) When the total soluble solids of the juice is not less than 10.5 percent or is more than 10.5 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 7.5 to 1.
(17) Provided, however, that after November 15th of each year to July 31st of the following year, both dates inclusive, the minimum ratio of the total soluble solids of the juice of tangerines to the anhydrous citric acid shall be as follows:
(a) When the total soluble solids of the juice is not less than 8.75 percent and not more than 8.80 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 8.75 to 1.
(b) When the total soluble solids of the juice is not less than 8.80 percent and not more than 8.90 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 8.75 to 1.
(c) When the total soluble solids of the juice is not less than 8.90 percent and not more than 9 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 8.75 to 1.
(d) When the total soluble solids of the juice is not less than 9 percent and not more than 9.10 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 8.75 to 1.
(e) When the total soluble solids of the juice is not less than 9.10 percent and not more than 9.20 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 8.65 to 1.
(f) When the total soluble solids of the juice is not less than 9.20 percent and not more than 9.30 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 8.55 to 1.
(g) When the total soluble solids of the juice is not less than 9.30 percent and not more than 9.40 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 8.45 to 1.
(h) When the total soluble solids of the juice is not less than 9.40 percent and not more than 9.50 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 8.35 to 1.
(i) When the total soluble solids of the juice is not less than 9.50 percent and not more than 9.60 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 8.25 to 1.
(j) When the total soluble solids of the juice is not less than 9.60 percent and not more than 9.70 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 8.15 to 1.
(k) When the total soluble solids of the juice is not less than 9.70 percent and not more than 9.80 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 8.05 to 1.
(l) When the total soluble solids of the juice is not less than 9.80 percent and not more than 9.90 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 7.95 to 1.
(m) When the total soluble solids of the juice is not less than 9.90 percent and not more than 10 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 7.85 to 1.
(n) When the total soluble solids of the juice is not less than 10 percent and not more than 10.10 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 7.75 to 1.
(o) When the total soluble solids of the juice is not less than 10.10 percent and not more than 10.20 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 7.65 to 1.
(p) When the total soluble solids of the juice is not less than 10.20 percent and not more than 10.30 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 7.55 to 1.
(q) When the total soluble solids of the juice is not less than 10.30 percent and not more than 10.40 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 7.45 to 1.
(r) When the total soluble solids of the juice is not less than 10.40 percent and not more than 10.50 percent, the minimum ratio of the total soluble solids to anhydrous citric acid shall be 7.35 to 1.
(s) When the total soluble solids of the juice is not less than 10.50 percent or is more than 10.50 percent the minimum ratio of the total soluble solids to anhydrous citric acid shall be 7.25 to 1.
History.—s. 22, ch. 25149, 1949; ss. 13, 14, ch. 26492, 1951; s. 12, ch. 71-186.
601.24 Department of Citrus to prescribe methods of testing and grading.—The Department of Citrus shall by rule or regulation provide the manner and method to be used in drawing samples and the quantity to be used in testing and grading of citrus fruit and the canned and concentrated products thereof and shall provide specifications and methods for use of juice extractors to be used in extracting juice for such tests and grading purposes.
History.—s. 24, ch. 25149, 1949; s. 1, ch. 61-49; s. 22, ch. 71-186.
601.25 Determination of soluble solids and acid.—The Department of Citrus by rule or regulation shall determine the method by which juice is tested for percentage of total soluble solids, the method by which juice is tested for acidity, and the method for testing fruit for juice content. Until such time as the Department of Citrus may see fit to determine such method by rule or regulation, the Brix hydrometer shall be used and the reading of the hydrometer corrected for temperature shall be considered as the percent of the total soluble solids; and anhydrous citric acid shall be determined by titration of the juice using standard alkali and phenolphthalein as indicator, the total acidity being calculated as anhydrous citric acid.
History.—s. 25, ch. 25149, 1949; s. 1, ch. 61-68; s. 22, ch. 71-186.
601.27 Department of Agriculture; citrus inspectors.—The inspection in the state of all citrus fruit and the canned and concentrated products thereof, and the certifying as to grades and qualifications thereof, and the enforcement of all provisions of this chapter and rules and orders made pursuant to and under authority of this chapter shall be under the direction, supervision, and control of the Department of Agriculture. The sampling, testing, and inspection of all processed citrus products shall be done by authorized agents or inspectors of the Department of Agriculture or pursuant to cooperative agreement between the Department of Agriculture and any agency of the Federal Government.
History.—s. 27, ch. 25149, 1949; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185; s. 1, ch. 90-195.
601.28 Inspection fees.—
(1) There is hereby levied upon citrus fruit and processed citrus products the following inspection fees:
(a) Upon each standard-packed box or equivalent, including hourly rate equivalent, thereof of citrus fruit inspected and certified for shipment in fresh form other than fruit on which a fee is imposed by paragraph (b), such fee, to be fixed annually promptly following the release by the United States Department of Agriculture of the October citrus crop estimate, as is determined by the Department of Agriculture to be necessary to pay:
1. The costs expected to be incurred during the then-current shipping season by the Bureau of Citrus Inspection in performing its duties with respect to such citrus fruit and by the Bureau of Citrus Technical Control in performing its duties with respect to such citrus fruit;
2. A pro rata portion of the costs expected to be incurred during the then-current shipping season by the Bureau of Citrus License and Bond;
3. A pro rata portion of the costs expected to be incurred during the then-current shipping season, by the Department of Agriculture through its cooperative agreement with the United States Department of Agriculture, which are directly attributable to the estimation of the size of the citrus crop in Florida; and
4. The amount, if any, by which the costs actually incurred with respect to the foregoing during the preceding shipping season may have exceeded the income received during that season, or less the amounts, if any, by which the income received during the preceding shipping season may have exceeded the costs actually incurred with respect to the foregoing during that season. For the purpose of this subparagraph, income received during the preceding season shall be deemed to include all fees collected under this paragraph, plus a pro rata portion of all fees collected under s. 601.59, plus a pro rata portion of all fines and penalties collected pursuant to this chapter, and plus all interest earned on the investment of the foregoing funds.
(b) Upon each unit, as defined by the Department of Citrus, of citrus fruit inspected and certified for shipment in fresh form as gift fruit or for sale at roadside retail fruit stands, such fee, to be fixed annually promptly following the release by the United States Department of Agriculture of the October citrus crop estimate, as is determined by the Department of Agriculture to be necessary to pay:
1. The costs expected to be incurred during the then-current shipping season by the Bureau of Citrus Inspection in performing its duties with respect to such citrus fruit and by the Bureau of Citrus Technical Control in performing its duties with respect to such citrus fruit;
2. A pro rata portion of the costs expected to be incurred during the then-current shipping season by the Bureau of Citrus License and Bond;
3. A pro rata portion of the costs expected to be incurred during the then-current shipping season by the Department of Agriculture through its cooperative agreement with the United States Department of Agriculture which are directly attributable to the estimation of the size of the citrus crop in Florida; and
4. The amount, if any, by which the costs actually incurred with respect to the foregoing during the preceding shipping season may have exceeded the income received during that season, or less the amounts, if any, by which the income received during the preceding shipping season may have exceeded the costs actually incurred with respect to the foregoing during that season. For the purpose of this subparagraph, income received during the preceding shipping season shall be deemed to include all fees collected under this paragraph, plus a pro rata portion of all fees collected under s. 601.59, plus a pro rata portion of all fines and penalties collected pursuant to this chapter, and all interest earned on the investment of the foregoing funds.
(c) Upon each standard-packed box or equivalent thereof of citrus fruit inspected and certified for processing, such fee, to be fixed annually promptly following the release by the United States Department of Agriculture of the October citrus crop estimate, as is determined by the Department of Agriculture to be necessary to pay:
1. The costs expected to be incurred during the then-current shipping season by the Bureau of Citrus Inspection in performing its duties with respect to such citrus fruit and by the Bureau of Citrus Technical Control in performing its duties with respect to such citrus fruit;
2. A pro rata portion of the costs expected to be incurred during the then-current shipping season by the Bureau of Citrus License and Bond;
3. A pro rata portion of the costs expected to be incurred during the then-current shipping season by the Department of Agriculture through its cooperative agreement with the United States Department of Agriculture directly attributable to the estimation of the size of the citrus crop in Florida; and
4. The amount, if any, by which the costs actually incurred with respect to the foregoing during the preceding shipping season may have exceeded the income received during that season, or less the amount, if any, by which the income received during the preceding shipping season may have exceeded the costs actually incurred with respect to the foregoing during that season. For the purpose of this subparagraph, income received during the preceding shipping season shall be deemed to include all fees collected under this paragraph, a pro rata portion of all fees collected under s. 601.59, a pro rata portion of all fines and penalties collected pursuant to this chapter, and all interest earned on the investments of the foregoing funds.
(d) Upon each standard case of 24 No. 2 cans, or the equivalent thereof, of processed citrus products inspected and certified within this state, such fee, to be fixed annually promptly following the release by the United States Department of Agriculture of the October citrus crop estimate, as is determined by the Department of Agriculture to be necessary to pay:
1. The costs expected to be incurred during the then-current shipping season by the Bureau of Citrus Inspection, through the cooperative agreement between the Department of Agriculture and the United States Department of Agriculture, in performing its duties with respect to processed citrus products; and
2. The amount, if any, by which the costs actually incurred with respect to the foregoing during the preceding shipping season may have exceeded the fees collected under this paragraph during that season, or less the amount, if any, by which the fees collected under this paragraph during the preceding shipping season may have exceeded the costs actually incurred with respect to the foregoing during that season.
(2)(a) Costs and income required to be prorated under the terms of paragraphs (a), (b), and (c) of subsection (1) shall be prorated on the basis of the number of boxes on which fees were assessed under the particular paragraph as compared to the total number of boxes of citrus fruit delivered into the primary channel of trade during the particular shipping season. Expenditures of funds for estimation of the size of the citrus crop in Florida by the Department of Agriculture through its cooperative agreement with the United States Department of Agriculture shall be for service and research work related to estimating and forecasting citrus production in Florida, including, but not limited to, tree counts, using aerial photography and ground surveys, fruit counts, fruit measurement, maturity and yield surveys, damage surveys, opinion surveys, season average price determinations, and related activities.
(b) If, after the release of the October citrus crop estimate, a subsequent citrus crop estimate is so substantially different that any of the foregoing fees fixed following the October estimate are determined by the Department of Agriculture to be insufficient to pay the estimated costs expected to be incurred as set forth in the preceding paragraphs, then the Department of Agriculture shall determine the fee necessary to pay such estimated costs based upon such revised citrus crop estimate and shall amend such fee accordingly.
(c) In fixing the foregoing fees, the Department of Agriculture shall provide for adequate reserves to pay costs expected to be incurred during those periods when costs are expected to exceed income.
(d) The computations of the fees provided for herein and information as to the data upon which they are based shall be furnished by the Department of Agriculture upon request to any person liable for fees hereunder.
(3)(a) All fees levied by this section shall be applicable retroactively to a date to be fixed by the Department of Agriculture. Such fees shall be paid to the Department of Agriculture or the payment thereof guaranteed by the person who is the owner or operator of the facility at which the citrus fruit or processed citrus products so certified are handled under the provisions of this chapter. Payment of such fees shall be due upon the certification of the citrus fruit or processed citrus products and shall be paid periodically under such rules and regulations as shall be prescribed by the Department of Agriculture. Payment shall be secured by the filing and posting of a bond or cash deposit in the form and amount required by the Department of Agriculture.
(b) All fees levied and collected under the provisions of this section shall be paid into the State Treasury on or before the 15th day of each month. Such moneys shall be deposited to and made a part of the Citrus Inspection Trust Fund and are hereby appropriated to the Department of Agriculture to be used to pay the costs incurred in its performance of the duties of the Bureau of Citrus Inspection and under the cooperative agreements referred to in subsection (1) with respect to citrus fruit and processed citrus products.
(4)(a) All persons liable for the fees imposed by this section shall keep a complete and accurate record of the receipt, sale, shipment, and processing of citrus fruit and processed citrus products subject to the fees imposed hereby. Such records shall be preserved by such persons for a period of 1 year following the end of the shipping season to which they pertain and shall be offered for inspection at any time upon oral or written demand by the Department of Agriculture.
(b) All persons liable for the fees imposed by this section shall, at such times as the Department of Agriculture may by rule or regulation require, file with the Department of Agriculture a return certified as true and correct on forms to be prescribed and furnished by the Department of Agriculture stating the number of applicable units of citrus fruit and processed citrus products which were subject to fees hereunder during the period of time covered by the return.
(5) The Department of Agriculture shall have the power to adopt rules providing for the imposition of special fees for inspections conducted during hours not contemplated by regular state work hours. Such rules shall prescribe circumstances under which the fees levied pursuant to paragraphs (1)(a) and (b) would not apply and the fees imposed pursuant to such rules would apply. The rules shall provide that said fees shall be levied when specifically actuated by contract between the department and persons liable for the fees created by this subsection. The rules shall not allow fees to be charged which are in excess of the department’s actual cost of the inspection to be made, nor shall such fees be less than those imposed by paragraphs (1)(a) and (b).
(6) When any portion of the revenues deposited to the Citrus Inspection Trust Fund is not immediately needed for the purpose for which such funds are appropriated, the Chief Financial Officer shall invest and reinvest such funds, and the earnings thereon shall be deposited to and made a part of the Citrus Inspection Trust Fund.
(7) The duties of the Department of Agriculture and Consumer Services shall include the duty to conduct hearings, through a hearing officer who shall be an attorney authorized to practice law within this state, on violations of this section and rules promulgated thereunder. Said hearing officer shall be selected by the Commissioner of Agriculture and shall be in addition to her or his regular legal staff authorized by law. Said hearing officer shall, in addition to conducting such hearings, be available to the Division of Fruit and Vegetables for other legal services on matters pertaining to violations of this chapter and rules promulgated thereunder.
History.—s. 28, ch. 25149, 1949; s. 16, ch. 26492, 1951; s. 5, ch. 29757, 1955; s. 1, ch. 57-84; s. 1, ch. 59-15; ss. 7, 8, ch. 59-20; s. 1, ch. 61-97; s. 2, ch. 61-119; s. 1, ch. 63-108; ss. 1-4, ch. 65-2442; ss. 1-3, ch. 67-219; s. 1, ch. 69-226; ss. 14, 35, ch. 69-106; s. 1, ch. 71-185; s. 16, ch. 81-295; s. 1, ch. 86-61; s. 1, ch. 89-12; s. 53, ch. 92-291; s. 972, ch. 97-103; s. 3, ch. 97-118; s. 744, ch. 2003-261.
601.281 Road guard fees.—There is hereby levied upon all citrus fruit upon which inspection fees are imposed by s. 601.28 an additional fee in the amount of 1 mill per standard-packed box or the equivalent thereof. This additional fee shall be collected at the same time and in the same manner as citrus inspection fees imposed by s. 601.28. All fees levied and collected under the provisions of this section shall be paid into the State Treasury on or before the 15th day of each month. Such money shall be deposited in the General Inspection Trust Fund and is hereby appropriated to the Department of Agriculture to defray that portion of the cost of operating road guard stations that is attributable to the services performed by the road guard stations with respect to citrus fruit. All such money not required to defray that portion of such costs shall be deposited in the Citrus Inspection Trust Fund and is hereby appropriated in the manner provided by s. 601.28(3)(b).
History.—s. 2, ch. 71-185.
601.29 Powers of Department of Agriculture and Consumer Services.—The powers of the Department of Agriculture and Consumer Services or its authorized representative include, but are not limited to, the following:
(1) To enter and inspect any place within the state where citrus fruit is being prepared, colored, packed, loaded, or stored for shipment, either in fresh or processed form, and to stop and inspect any shipment of citrus fruit or processed citrus products.
(2) To enter and survey, at any reasonable hour of the day, all commercial citrus groves for the purpose of estimating and forecasting citrus production in Florida. The property owner or lessee shall not be liable for injury to any employee or agent during the course of entry.
(3) To forbid and prohibit the shipment or sale of any citrus fruit or the canned or concentrated products thereof found to be in violation of any of the provisions of this chapter or order made or adopted under the authority of this chapter.
(4) To provide complete and adequate inspection of citrus fruit and canned and concentrated citrus products in order to permit any shipper or canning or concentrating plant to have citrus fruit or canned or concentrated citrus products graded according to the standards fixed by the United States Department of Agriculture and adopted by the Department of Agriculture and Consumer Services by rule. The Department of Agriculture and Consumer Services is authorized to enter into all necessary contracts and agreements with the United States Department of Agriculture to implement this section.
(5) To prosecute for violation of any of the citrus laws or for violation of any rule, regulation, or order promulgated by the commission or by the Department of Agriculture and Consumer Services.
(6) To institute such action at law or in equity as may appear necessary to enforce compliance with any provisions of this chapter, or to enforce compliance with any rule, regulation, or order of the Department of Citrus or the Department of Agriculture and Consumer Services made pursuant to the provisions of this chapter, and, in addition to any other remedy, to apply to any circuit court of this state for relief by injunction, if necessary, to protect the public interest without being compelled to allege or prove that an adequate remedy at law does not exist.
(7) To employ and fix the compensation of attorneys as it deems necessary to assist in exercising the powers and discharging the duties conferred and imposed upon the Department of Agriculture and Consumer Services by law, and particularly by subsections (5) and (6).
History.—s. 29, ch. 25149, 1949; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185; ss. 14, 22, ch. 71-186; s. 31, ch. 92-151.
601.31 Citrus inspectors; employment.—The Department of Agriculture may in each year employ as many citrus fruit inspectors for such period or periods, not exceeding 1 year, as said Department of Agriculture shall deem necessary for the effective enforcement of the citrus fruit laws of this state. All persons authorized to inspect and certify to the maturity and grade of citrus fruit shall be governed in the discharge of their duties as such inspectors by the provisions of law and by the rules and regulations prescribed by the Department of Citrus and the Department of Agriculture and shall perform their duties under the direction and supervision of the Department of Agriculture. All citrus inspectors appointed for the enforcement of this chapter shall be persons who are duly licensed or certified by the United States Department of Agriculture as citrus fruit inspectors.
History.—s. 31, ch. 25149, 1949; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185; s. 22, ch. 71-186.
601.32 Compensation of inspectors.—The salaries of the chief citrus inspector, the chief laboratory inspector, the district supervising inspectors, the junior and senior inspectors, and all other necessary inspectors shall be in the amount as determined and fixed by the Department of Agriculture and, in addition thereto, each of said inspectors shall be reimbursed for travel expenses as provided in s. 112.061, which shall be paid upon approval of accounts therefor by the Department of Agriculture. The Department of Agriculture may employ such additional field and other agents and clerical assistance at such times and for such periods and incur and pay any other expenses, including travel expenses, as provided in s. 112.061, of the Department of Agriculture during the citrus fruit season, as may be necessary for the effective enforcement of the citrus fruit laws of this state and of the regulations of the Department of Citrus and assure the payments of the inspection fees imposed or that may be imposed under the authority of law.
History.—s. 32, ch. 25149, 1949; s. 19, ch. 63-400; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185; s. 22, ch. 71-186.
601.33 Interference with inspectors.—It is unlawful for any person to obstruct, hinder, resist, interfere with, or attempt to obstruct, hinder, resist, or interfere with any authorized inspector in the discharge of any duty imposed upon or required of her or him by the provisions of law or by any rule or regulation prescribed by the Department of Citrus or the Department of Agriculture, or to change or attempt to change any instrument, substance, article, or fluid used by such inspector or emergency inspector in making tests of citrus fruit or the canned or concentrated products thereof.
History.—s. 33, ch. 25149, 1949; s. 1, ch. 59-19; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185; s. 22, ch. 71-186; s. 973, ch. 97-103.
601.34 Duties of law enforcement officers.—Each state or county law enforcement officer shall make arrests for violations of the citrus fruit laws of this state or of any rule, regulation, or order promulgated by the commission or the Department of Agriculture and Consumer Services under authority of law when notified of such violation by the department or its duly authorized agent or representative.
History.—s. 34, ch. 25149, 1949; ss. 14, 35, ch. 69-106.
601.35 Disputes as to quality, etc.; procedure.—When any dispute as to quality, grade, or condition of citrus fruit or the canned or concentrated products thereof arises, the shipper or any financially interested person may call in at his, her, or its expense an inspector licensed or certified only by the United States Department of Agriculture to inspect such citrus fruit or its canned or concentrated products. Such inspector shall issue a regular official certificate to the applicant showing the quality, grade, and condition thereof and, in all cases, such certificate shall be prima facie evidence. If such certificate shows the citrus fruit or the canned or concentrated products thereof therein-mentioned and described to conform to the provisions of this chapter and the rules, regulations, or orders of the Department of Citrus and of the Department of Agriculture, such shipper or such financially interested person may present the original certificate to the person or representative of the person having charge of the vehicle of transportation by which such citrus fruit or the canned or concentrated products thereof is to be transported, which person or representative shall then accept such citrus fruit or the canned or concentrated products thereof for shipment provided that all other provisions of this chapter and of the rules, regulations, and orders of the Department of Citrus and of the Department of Agriculture have been met and complied with.
History.—s. 35, ch. 25149, 1949; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185; s. 22, ch. 71-186.
601.36 Inspection information required when two or more lots of fruit run simultaneously.—In the event that any packinghouse packing citrus fruit or canning plant canning citrus fruit or concentrating plant concentrating citrus fruit shall have present therein or shall be packing, canning, or concentrating two or more lots of fruit simultaneously, the manager or other person in charge of said packinghouse or said canning plant or said concentrating plant shall notify the citrus fruit inspector conducting inspections at said packinghouse or canning plant or concentrating plant of said fact and furnish to said inspector full information as to the source of said several lots of fruit and the number of boxes in each several lots.
History.—s. 36, ch. 25149, 1949.
601.37 Unlawful acts of inspectors.—It is unlawful for any authorized inspector to make or deliver a certificate of inspection and maturity and quality of any citrus fruit or the canned or concentrated products thereof upon which the inspection fees and advertising taxes have not been paid or the payment thereof guaranteed, or to make or issue any false certificate as to inspection, maturity, quality, or payment of inspection fees.
History.—s. 37, ch. 25149, 1949.
601.38 Citrus inspectors; authority.—For the purpose of enforcing the provisions of the citrus fruit laws of this state, as well as the regulations of the Department of Citrus, citrus fruit inspectors may enter into any packinghouse or canning plant or concentrating plant at any hour of day or night and have and demand access and admission to any enclosed portion of said packinghouse, canning plant, or concentrating plant. Said citrus fruit inspectors may also inspect all packinghouse or canning plant records pertaining to receipts from groves and to details of receiving, handling, running, processing, packing, or canning citrus fruit.
History.—s. 38, ch. 25149, 1949; s. 10, ch. 26484, 1951; s. 22, ch. 71-186.
601.39 Special inspectors.—In cases of emergency or necessity, when no citrus fruit inspector is available for inspection of a particular lot of citrus fruit or the canned or concentrated products thereof, the Department of Agriculture may designate some fit and competent individual to inspect, test, and certify as to such lot of fruit or the canned or concentrated products thereof. Certificates made or issued by such designated individual shall be signed by her or him as “Special citrus fruit inspector.” The designated individual shall not be required to give any bond, but shall be subject to the penalties imposed for violation of any of the provisions of the citrus fruit laws.
History.—s. 39, ch. 25149, 1949; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185; s. 974, ch. 97-103.
601.40 Registration of citrus packinghouses, processing plants with department.—The owner, manager, or operator of each packinghouse, canning plant, or concentrating plant, at which it is intended to pack, can, concentrate, or prepare citrus fruit for market or transportation during the then-present or the next ensuing citrus fruit shipping season, shall register such packinghouse, canning plant, or concentrating plant and its location, shipping point, and post office with the Department of Agriculture not less than 10 days before packing, canning, concentrating, or otherwise preparing any citrus fruit or the canned or concentrated products thereof for sale or transportation in or at such packinghouse, canning plant, or concentrating plant; and she or he shall, in addition to such registration, give the said Department of Agriculture not less than 7 days’ written notice of the date on which packing, canning, concentrating, or other preparation for sale or transportation of citrus fruit of the then-current or the next ensuing season’s crop will be begun. The Department of Agriculture shall issue a certificate of registration to each such packinghouse, canning plant, or concentrating plant registering; provided, however, that no such certificate of registration shall be issued to any packinghouse, canning plant, or concentrating plant unless the operator thereof shall have first applied for and received her or his license as a citrus fruit dealer and furnished a bond as such citrus fruit dealer in accordance with law.
History.—s. 40, ch. 25149, 1949; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185; s. 975, ch. 97-103.
601.41 Operation without registration unlawful.—It is unlawful for any person to operate a citrus fruit packinghouse, canning plant, or concentrating plant, or to pack or otherwise prepare for sale or transportation any citrus fruit at such packinghouse, canning plant, or concentrating plant without having previously registered said packinghouse, canning plant, or concentrating plant and given the notice required in s. 601.40 and having received and still having unrevoked from the Department of Agriculture a certificate; provided, that no certificate of inspection and maturity of any fruit shall be issued by any authorized inspector except to a person who has registered with the Department of Agriculture during the then-current year and has an unrevoked certificate of registration and has given to said Department of Agriculture the notice required.
History.—s. 41, ch. 25149, 1949; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185.
601.42 Revocation of registration.—Whenever the Department of Agriculture shall issue a certificate of registration to any packinghouse, canning plant, or concentrating plant for the purpose of processing citrus fruit or citrus products, as provided by s. 601.40, and said Department of Agriculture shall thereafter revoke or suspend the license of any citrus fruit dealer who may own, operate, or have any proprietary or ownership interest in any such packinghouse, canning plant, or concentrating plant aforesaid, the certificate of registration as provided for in s. 601.40 shall automatically and without further proceedings stand suspended or revoked during the entire period of the suspension or revocation of the citrus fruit dealer’s license.
History.—s. 42, ch. 25149, 1949; s. 1, ch. 59-18; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185; s. 6, ch. 78-95.
601.43 Immature and unfit citrus fruit; individual sampling.—Any oranges, grapefruit, and tangerines not conforming to the minimum maturity requirements set forth in this chapter and any citrus hybrids not conforming to the minimum maturity requirements set forth in Department of Citrus regulations shall be deemed and held to be immature and unfit for human consumption. In the testing of fruit to determine whether the same conforms to such requirements, any inspector shall have the right and authority to test the individual fruit in any given sample of fruit drawn in the number and by the manner as prescribed by regulations of the Department of Citrus. If, upon the testing of the juice of said individual fruit in any sample, more than 10 percent of said individual fruit shall fail by more than one-half percentage point to meet the minimum ratio of total soluble solids to anhydrous citric acid which is required for such fruit, then all of the fruit in the lot from which said sample was drawn shall be deemed and held to be immature and unfit for human consumption.
History.—s. 43, ch. 25149, 1949; s. 15, ch. 71-186.
601.44 Destruction of immature fruit.—All citrus fruit or processed citrus products prepared for sale or transportation, which is being prepared for such purpose, or which has been or is being delivered for sale or transportation that may be found immature or otherwise unfit for human consumption upon inspection and testing shall be seized and destroyed by a citrus fruit inspector or the sheriff of the county where found as may be provided by regulations prescribed by the Department of Citrus. Said determination of immaturity or unfitness for human consumption may be made by a citrus fruit inspector at any place where such citrus fruit may be found after severance from the tree, and such seizure and destruction may likewise occur at any such place. However, in the event of seizure of citrus fruit upon the grounds that such citrus fruit fails to show a break in color required by this chapter or Department of Citrus regulations for that particular variety of citrus fruit, the owner or person in charge of such citrus fruit shall be allowed to separate and retain for subsequent use, in accordance with the provisions of this chapter or Department of Citrus regulations, that portion of such citrus fruit which shows a break in color required by this chapter or Department of Citrus regulations for that particular variety and, in such case, only that portion thereof which fails to show a break in color for such variety, as required by this chapter or Department of Citrus regulations, shall be destroyed by a citrus fruit inspector or the sheriff of the county, as may be prescribed by regulations of the Department of Citrus.
History.—s. 44, ch. 25149, 1949; s. 16, ch. 71-186.
601.45 Grading of fresh citrus fruit.—
(1) All citrus fruit, except as provided in s. 601.50, sold or shipped, or offered for sale or shipment, for consumption in fresh form shall be graded in a registered packinghouse in this state according to standards established by the Department of Citrus, and the grade of such fruit shall be indicated as hereinafter provided.
(2) Fresh citrus fruit being transported in bulk form shall have stamped upon such fruit, subject to department rules:
(a) The actual grade thereof; or
(b) Brands or trademarks properly registered with the department to represent state or U.S. grades, as provided in subsection (4).
(3) For fresh citrus fruit being transported when packed in a closed container approved or otherwise authorized by the Department of Citrus, it shall be sufficient if the closed container has the grade indicated thereon, in accordance with department rules, by:
(a) Stamping the grade of the fruit on the container; or
(b) Use of labels, brands, or trademarks properly registered with the department to represent state or U.S. grades, as provided in subsection (4).
(4) In accordance with such rules as the Department of Citrus may prescribe, licensed citrus fruit dealers in this state shall be entitled to register labels, brands, or trademarks for grade identification purposes. The department shall maintain a record of all labels, brands, or trademarks registered for grade identification purposes, which record may be purged as necessary.
History.—s. 45, ch. 25149, 1949; s. 1, ch. 57-29; s. 22, ch. 71-186; s. 1, ch. 77-4.
601.46 Condition precedent to sale of citrus fruit.—
(1) It is unlawful, except as provided in s. 601.50, for any person to sell or offer for sale, to transport, prepare, receive, or deliver for transportation or market any citrus fruit in fresh form unless such fruit has matured in accordance with the maturity standards and is accompanied by a certificate of inspection and maturity thereof issued by a duly authorized citrus fruit inspector of the Department of Agriculture and Consumer Services. However, the Department of Citrus may by regulation provide that, in lieu of the accompaniment of such shipment by a certificate of inspection and maturity, the fact of such inspection may be shown by appropriate means on the manifest or bill of lading covering such shipment.
(2) Inspection for maturity may be made at any time, anywhere, after the fruit is severed from the tree until the shipment, after inspection and certification, is accepted by common carrier or until it has been transported beyond the state lines where being transported other than by a common carrier.
(3) Shipments in bulk, either by common carrier or otherwise, to a packinghouse for repacking in Florida must be reinspected and certified before final delivery to a carrier. However, only one inspection fee shall be paid by the shipper.
(4) It shall be unlawful at any time for any person to sell or offer for sale, transport, prepare, receive, or deliver for transportation or market any citrus fruit which is immature or otherwise unfit for human consumption, or for any person to receive any such citrus fruit under a contract of sale, or for the purpose of sale, offering for sale, transportation, or delivery for transportation thereof. However, these provisions shall not apply to sale of citrus fruit “on the trees” or to common carriers or their agents when the fruit accepted for transportation or transported by any common carrier is accompanied by proper proof of inspection, maturity, and grade.
History.—s. 46, ch. 25149, 1949; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185; ss. 1, 2, 3, 4, ch. 73-11.
601.461 Falsification of weights; penalty.—
(1) It shall be unlawful for any person, firm, association, or corporation to falsify or alter any certificate, slip, or other document evidencing or pretending to evidence the weight of citrus fruit bought by weight or knowingly to make, utter, or deliver any such certificate, slip, or document which shall be false or to counsel, assist in, or procure any such act.
(2) Any person, firm, association, or corporation convicted of the violation of any provision of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—ss. 1, 2, ch. 29814, 1955; s. 624, ch. 71-136.
601.47 Condition precedent to processing citrus.—It is unlawful for any person to can any citrus fruits or to can or concentrate the juices thereof unless such fruit is mature in accordance with the maturity standards and is accompanied by a certificate of inspection and maturity thereof issued by a duly authorized citrus fruit inspector of the Department of Agriculture. Inspection for maturity shall be made at the canning or concentrating plant with the further proviso that shipments either by common carrier or otherwise to a canning plant or a concentrating plant in Florida must be reinspected and recertified before use by the canner or concentrator.
History.—s. 47, ch. 25149, 1949; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185.
601.471 Definition of “canned or concentrated citrus fruit products” expanded.—The term “canned or concentrated citrus fruit products” when used in ss. 601.48-601.54 shall include chilled citrus juice, chilled citrus sections, or otherwise processed products of citrus fruit.
History.—s. 1, ch. 65-72.
601.48 Grading processed citrus products.—
(1) If processed citrus products meet the requirements of the two highest grades as established by the Department of Citrus or, at the option of the processor, the two highest grades established by the United States Department of Agriculture, the processor shall have the privilege of using labels, brands, or trademarks properly registered with the Department of Citrus, as provided in subsection (2), to represent state or U.S. grades.
(2) In accordance with such rules as the Department of Citrus may prescribe, licensed citrus fruit dealers in this state shall be entitled to register labels, brands, or trademarks for grade identification purposes. The department shall maintain a record of all labels, brands, and trademarks registered for grade identification purposes, which record may be purged as necessary.
(3) The grade labeling requirements of this section shall not apply to intrastate shipments of processed citrus products between licensed citrus fruit dealers who are operators of processing plants duly registered under s. 601.40.
History.—s. 48, ch. 25149, 1949; s. 1, ch. 71-78; s. 22, ch. 71-186; s. 1, ch. 77-5; s. 52, ch. 2001-279; s. 97, ch. 2004-5.
601.49 Condition precedent to selling processed citrus products.—It is unlawful for any person, except as provided in s. 601.50, to sell or offer for sale, to transport, receive, or deliver for transportation, or market any canned or concentrated products of citrus fruits unless the same has been inspected and is accompanied by a certificate of inspection issued by a duly authorized inspector of the Department of Agriculture, provided, however, that the Department of Citrus shall by regulation provide that in lieu of the accompaniment of such shipment by a certificate of inspection, the fact of such inspection may be shown by appropriate means on the manifest or bill of lading covering such shipment.
History.—s. 49, ch. 25149, 1949; s. 17, ch. 26492, 1951; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185; s. 22, ch. 71-186.
601.50 Exemptions; sale or shipment of citrus or citrus products for certain purposes.—Irrespective of the provisions of ss. 601.45, 601.46, 601.48, 601.49, 601.51, and 601.52, the Department of Citrus under such precautionary rules and regulations as it may deem expedient may permit sale or shipment of citrus fruit or the canned or concentrated products thereof without the issuance of and filing of inspection certificate and without the grade being shown on the container thereof, of:
(1) Intrastate shipments of fresh citrus fruit for consumption or use within the state;
(2) Shipments to be used for charitable or unemployment relief purposes;
(3) Shipments to the United States Government or any of its agencies and interstate shipments to any packinghouse, canning plant, or concentrate plant for commercial processing, as may be defined by the Department of Citrus; or to fresh fruit juice distributors outside the state;
(4) Shipments by any method of transportation by “gift fruit shippers,” as defined by the Department of Citrus, but such shipments shall not be for the purpose of resale by the consignee thereof;
but, provided however that, no such rule or regulation issued hereunder shall permit or allow the sale or shipment of citrus fruit deemed by this section to be immature and unfit for human consumption nor of canned or concentrated products thereof prepared or made from citrus fruit deemed by this law to be immature and unfit for human consumption; but, provided further, that shipments under subsections (1) and (4) shall meet such minimum grade standards as may, from time to time, be established by the Department of Citrus; and, provided further that such rules and regulations shall provide for the due collection of any advertising taxes and inspection fees that may be due thereon.
History.—s. 50, ch. 25149, 1949; s. 18, ch. 26492, 1951; s. 1, ch. 59-41; s. 1, ch. 63-100; s. 1, ch. 67-24; s. 22, ch. 71-186.
601.501 Charitable shipments tax-exempt.—Shipments of citrus fruit when permitted under s. 601.50 for charitable purposes shall be exempt from all advertising taxes.
History.—s. 3, ch. 28197, 1953.
601.51 Certification required for shipment of citrus fruit or products.—No common carrier or other carrier or person, except as provided in s. 601.50, shall accept for shipment, ship, or transport any citrus fruit or the canned or concentrated products thereof until a grade certificate is issued showing the grade thereof, which certificate or a duplicate thereof shall be filed with the carrier at the point of shipment, nor shall any common carrier or other carrier or person accept for shipment or ship any citrus fruit or the canned or concentrated products thereof where written notice has been given to such common carrier, other carrier or person, or her or his representative or agent by the Department of Agriculture or its authorized agent, employee, or inspector that said citrus fruit or the canned or concentrated products thereof does not comply with the provisions of law or the rules and regulations promulgated by the Department of Citrus or the Department of Agriculture; provided that the shipper or handler of such citrus fruit or the canned or concentrated products thereof shall have the privilege of repacking or remarking, and that, if or when the same shall have been repacked or remarked to conform to the provisions of law or said rules, regulations, or orders promulgated by the Department of Citrus or the Department of Agriculture, the Department of Agriculture or its authorized inspector or agent shall notify said common carrier, other carrier or person, or her or his agent that such citrus fruit or the canned or concentrated products thereof may be accepted for shipment, and such shipper or handler shall not be considered as having violated this chapter or said rules, regulations, or orders, but provided further that this section shall be deemed to have been complied with if the shipper shall have conformed to regulations issued by the Department of Citrus under the provisions of s. 601.49.
History.—s. 51, ch. 25149, 1949; s. 10, ch. 26492, 1951; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185; s. 22, ch. 71-186; s. 976, ch. 97-103.
601.52 Carriers not to accept fruit unless same bears evidence of payment of excise taxes.—No common carrier or other carrier or person, except as provided in s. 601.50, shall accept for shipment, ship, or transport any citrus fruit or processed citrus products unless the grade certificate, manifest, or bill of lading covering said citrus fruit or processed citrus products bears evidence of the payment, as provided by law, of the taxes, assessments, and fees imposed by this chapter.
History.—s. 52, ch. 25149, 1949; s. 20, ch. 26492, 1951; s. 3, ch. 71-187.
601.53 Unlawful to process unwholesome citrus.—It is unlawful for any person to can or concentrate, or buy for canning or concentrating purposes, or sell for canning or concentrating purposes in Florida any citrus fruit that is unwholesome or decomposed so that it is unfit for canning or concentrating purposes.
History.—s. 53, ch. 25149, 1949.
601.54 Seizure of unwholesome fruit by Department of Agriculture’s agents.—
(1) The Department of Agriculture or its duly authorized inspectors shall seize and destroy all citrus fruit found by said Department of Agriculture or inspectors to be unwholesome or decomposed so that it is unfit for canning or concentrating purposes as defined by law or by any regulation of the Department of Citrus pursuant to authority given in this chapter and, in the event any inspector shall find that any canner or concentrator is canning or concentrating fruit prohibited to be used, she or he may seize and destroy not only such fresh fruit found in the canning or concentrating plant but also citrus fruit or juice in the process of being canned or concentrated or which has been canned or concentrated from the same lot or shipment wherein the fresh fruit is found by said inspector to be subject to seizure under the provisions of this section.
(2) Whenever any inspector finds citrus fruit in the canning or concentrating plant which should be destroyed under the provisions of this law, the operator, manager, or other person in charge of the canning or concentrating plant shall make known to the inspector the code number or other manner of identifying any fruit or the canned or concentrated products thereof that has been canned or concentrated from the same lot or shipment wherein is found the said fruit subject to be seized.
History.—s. 54, ch. 25149, 1949; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185; s. 22, ch. 71-186; s. 977, ch. 97-103.
601.55 Citrus fruit dealer; license required.—
(1) No person shall act as a citrus fruit dealer in this state without first having applied for and obtained the issuance of a current license for each shipping season, or portion thereof.
(2) An application for a citrus fruit dealer’s license shall be within one of the following classifications, and any license that may be issued upon such application shall have an effective date as herein prescribed.
(a) A “repeat application” is defined as an application filed by a dealer who held a valid license during the season immediately preceding that for which application is made; and, if the application is approved on or before August 1, such license shall be in effect for the period August 1 through July 31 of the shipping season applied for. Any license issued upon approval of such application, if approval is granted after August 1, shall be effective from the date of license issuance through July 31 of the shipping season applied for.
(b) Any application filed by an applicant who was not licensed during the immediately preceding shipping season for which the license application is made shall be considered a “new application.” Any license subsequently issued upon approval of such application shall be effective from the date of license issuance through July 31 of the shipping season applied for.
The termination dates of citrus fruit dealers’ licenses as set forth above shall not apply to a temporary license approved and issued in accordance with s. 601.57(3).
(3) An applicant shall be limited to the filing of one application for each citrus shipping season, which application may be amended if necessary to comply with the requirements of this chapter and regulations of the Department of Citrus.
History.—s. 55, ch. 25149, 1949; s. 1, ch. 73-12; s. 1, ch. 80-6; s. 2, ch. 81-318; ss. 2, 7, ch. 82-29; ss. 1, 3, ch. 85-129; s. 4, ch. 91-429.
601.56 Application for dealers’ licenses; requirements.—Any person desiring to engage in the business of citrus fruit dealer in the state shall make application to the Department of Citrus for a license. The Department of Citrus shall by regulation prescribe the information to be contained in such application.
(1) All such applications, in addition to other information which may be prescribed by the Department of Citrus, must contain the following information:
(a) Name and address of the individual, firm, partnership, association, corporation, or other business unit applying for a license;
(b) Names and addresses of the principal stockholders, officers, partners, or other individuals belonging to or connected with the applicant if the applicant for a license is a firm, partnership, association, corporation, or other business unit, whether it be for profit or otherwise;
(c) The length of time the applicant has been engaged in the citrus fruit business in Florida in any manner whatsoever;
(d) A statement of delinquent accounts growing out of the ordinary course of business with producers, if any there be;
(e) A financial statement of the applicant, if required by the Department of Citrus, showing such information as the Department of Citrus may prescribe regarding the financial conditions of the applicant;
(f) Whether or not the applicant or any of its officers, directors, or stockholders have previously been licensed as a citrus fruit dealer, or connected with a licensed citrus fruit dealer in the state and, if so, the date all such licenses were obtained; and
(g) The number of boxes of citrus fruit, measured in terms of standard-packed boxes, which the applicant intends to deal with during the current or ensuing shipping season.
(2) If the applicant is an individual and is shown to be a nonresident of the state, or is a copartnership and each member is shown to be a nonresident of the state, in either event, the said applicant shall designate some bona fide resident of the state as such applicant’s resident agent upon whom process may be served. The service of process of any of the courts of this state upon such resident agent shall be as effectual and binding upon said applicant as if personally served upon said applicant.
(3) If the applicant is a corporation, then such corporation must be one organized and existing under the laws of this state or having an unrevoked permit authorizing it to transact business in this state.
(4) When a license application is submitted for a person or business entity which has an unpaid balance due and owing the Department of Citrus for any citrus excise taxes or delinquency fees levied and imposed under the authority of this chapter, the applicant shall be notified immediately by the department; and such application shall not be further processed or presented to the commission for action until such taxes and fees are paid in full. However, any applicant whose taxes are under review by the Department of Citrus or are contested in the appropriate administrative agency or court shall not have its application denied solely on the basis of owed taxes or fees, until the matter is determined by the department, agency, or court.
History.—s. 56, ch. 25149, 1949; s. 22, ch. 71-186; s. 2, ch. 81-318; ss. 3, 7, ch. 82-29; ss. 1, 3, ch. 85-129; s. 4, ch. 91-429.
601.57 Examination of application; approval of dealers’ licenses.—
(1) The Department of Citrus shall, within a reasonable time, examine the application and consider the information submitted therewith, including the applicant’s financial statement and the reputation of the applicant as shown by applicant’s past and current history and activities, including applicant’s method and manner of doing business. The Department of Citrus shall also consider the past history of any applicant, either individually or in connection with any individual, copartnership, corporation, association, or other business unit with whom any applicant shall have been connected in any capacity, and may in proper cases impute to any individual, corporation, copartnership, association, or other business unit liability for any wrong or unlawful act previously done or performed by such individual, corporation, copartnership, association, or other business unit.
(2) If the Florida Citrus Commission shall, by a majority vote, be of the opinion that the applicant is qualified and entitled to a license as a citrus fruit dealer, the commission shall approve the application; otherwise the application shall be disapproved. However, commission approval of any application may be contingent upon such reasonable conditions as may be endorsed thereon by the commission, or commission action on an application may, by majority vote, be deferred to a subsequent date.
(3) In cases of deferred action, as set forth in subsection (2), if the applicant so requests and the factual circumstances are deemed by the commission so to justify, the commission may approve the granting of a temporary license to be valid for a period to be set by the commission, not to exceed 60 days. No more than one temporary license shall be approved for any applicant during a shipping season. No temporary license may be approved unless all requirements relating to bonds or fees required to be posted or paid by the applicant have been met the same as though the approval were not of a temporary nature.
(4) Grounds for the disapproval of the application include, but are not limited to:
(a) Any previous conduct of the applicant which would have been grounds for revocation or suspension of a license as hereinafter provided if the applicant had been licensed.
(b) Delinquent accounts of the applicant owing to and growing out of the ordinary course of business with producers and other persons or firms.
(c) Delinquent accounts of the applicant with any person or persons with whom applicant has dealt in its operations under a previous license.
(d) Failure of the applicant or its owners, partners, officers, or agents to comply with any valid order of the Department of Agriculture or the Department of Citrus relating to citrus fruit laws or rules.
(e) Applicant’s violation, or aiding or abetting in the violation, of any federal or Florida law or governmental agency rule or regulation governing or applicable to citrus fruit dealers.
(5) When the applicant is a corporate or other business entity, the term “applicant” as used in this section shall be deemed to include within its meaning those individuals who have been, or can reasonably be expected to be, actively engaged in the managerial affairs of the corporate or other business entity applicant.
(6) The Department of Citrus shall designate not more than three employees directly involved in the processing of citrus fruit dealer license applications, who shall be a part of, and shall have access to, the criminal justice information system described in chapter 943, for purposes of investigating license applicants.
(7) The Department of Citrus is authorized to establish by rule the procedure and guidelines for granting interim conditional staff approval for issuance of a conditional citrus fruit dealer’s license, which license shall at all times be subject to final approval or other action by the commission at its next regular meeting. Any license so issued shall clearly and conspicuously indicate thereon the conditional nature of the approval and pendency of final action.
History.—s. 57, ch. 25149, 1949; s. 22, ch. 71-186; s. 1, ch. 73-17; s. 1, ch. 76-10; s. 1, ch. 77-8; s. 1, ch. 80-8; s. 2, ch. 81-318; ss. 4, 7, ch. 82-29; ss. 1, 3, ch. 85-129; s. 4, ch. 91-429; s. 13, ch. 92-4; s. 358, ch. 96-406.
601.58 Application approval or disapproval.—
(1) Each citrus fruit dealer’s license application which is approved, or approved subject to conditions, shall be forwarded immediately to the Department of Agriculture and Consumer Services, which shall, upon satisfaction of the stated conditions, if any are endorsed thereon, issue to the applicant an appropriate license as prescribed in s. 601.60.
(2) Each temporary license granted under s. 601.57(3), license with conditions approved by the commission under s. 601.57(2), or conditional license issued upon interim staff approval under s. 601.57(7) shall clearly and conspicuously show thereon the specific conditions, or the temporary or conditional nature, thereof.
(3) No license shall be issued to any applicant whose application has been finally disapproved by the commission. Once an application has been finally disapproved by the commission, the application shall remain disapproved for the remainder of the subject shipping season.
History.—s. 58, ch. 25149, 1949; s. 10, ch. 26484, 1951; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185; s. 22, ch. 71-186; s. 1, ch. 73-250; s. 10, ch. 78-95; s. 2, ch. 81-318; ss. 5, 7, ch. 82-29; s. 52, ch. 83-216; ss. 1, 3, ch. 85-129; s. 4, ch. 91-429; s. 54, ch. 92-291; s. 11, ch. 97-220.
601.59 Dealer’s license fee; agent’s registration fee.—
(1) Each applicant who qualifies for a citrus fruit dealer’s license shall pay to the Department of Agriculture, prior to issuance of such license, a license fee of $25 per shipping season or portion thereof covered by the license.
(2) A registration fee of $10 per shipping season or portion thereof covered by the dealer’s license shall be paid to the Department of Agriculture for the registration of each agent of a licensed citrus fruit dealer.
(3) All license and registration fees imposed and collected under the provisions of this section shall be paid to the State Treasury on or before the 15th day of each month. Such moneys shall be deposited in the Citrus Inspection Trust Fund and are hereby appropriated in the manner provided by s. 601.28(3)(b).
History.—s. 59, ch. 25149, 1949; s. 2, ch. 61-119; s. 1, ch. 65-80; s. 1, ch. 67-104; ss. 14, 35, ch. 69-106; ss. 4, 7, ch. 71-185; s. 1, ch. 76-25; s. 2, ch. 81-318; s. 1, ch. 83-142; ss. 1, 3, ch. 85-129; s. 4, ch. 91-429.
601.60 Issuance of dealers’ licenses.—
(1) Whenever an application bears the approved endorsement of the Department of Citrus and satisfactions of conditions of approval, if any, and the applicant has paid the prescribed fee, the Department of Agriculture and Consumer Services shall issue to such applicant a license, as approved by the Department of Citrus, which shall entitle the licensee to do business as a citrus fruit dealer during the effective term of such license in accordance with s. 601.55 or until such license may be suspended or revoked by the Department of Agriculture and Consumer Services in accordance with the provisions of law. The Department of Agriculture and Consumer Services may issue a provisional license for a period of no longer than 1 year to an applicant who is under investigation for an action that would constitute a violation of this chapter or has pending against such applicant an administrative or civil proceeding which alleges an action that would constitute a violation of this chapter. The department shall establish by rule requirements for renewal of a provisional license. When the investigation is complete or the pending proceeding has been disposed of, the department may issue a regular license under this section.
(2) If, during the effective term of such license, there is any change in the ownership, officers, managership, or stockholders of any copartnership, association, corporation, or other business unit to which a license has been issued, the licensee shall immediately notify the Department of Citrus in writing specifying the change in detail. The Department of Citrus shall be entitled to receive, and the licensee shall be required to promptly furnish, such additional information as if the licensee were applying for a new license. If, after investigating the facts and applying the standards prescribed for the issuance of new licenses, the commission finds that the licensee is not entitled to a citrus fruit dealer’s license, the commission shall recommend to the Department of Agriculture and Consumer Services that such existing license be suspended or revoked and, upon such recommendation, the Department of Agriculture and Consumer Services shall immediately take necessary steps to suspend or revoke such existing license.
History.—s. 60, ch. 25149, 1949; s. 1, ch. 65-81; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185; s. 22, ch. 71-186; s. 1, ch. 76-11; s. 2, ch. 81-318; ss. 1, 3, ch. 85-129; s. 4, ch. 91-429; s. 12, ch. 97-220.
601.601 Registration of dealers’ agents.—Every licensed citrus fruit dealer shall:
(1) Register with the Department of Agriculture each and every agent, as defined in s. 601.03(2), authorized to represent such dealer; make application for registration of such agent or agents on a form approved by the Department of Agriculture and filed with the Department of Agriculture not less than 5 days prior to the active participation of the agent or agents on behalf of such dealer in any transaction described in s. 601.03(2); and be held fully liable for and legally bound by all contracts and agreements, verbal or written, involving the consignment, purchase, or sale of citrus fruit executed by a duly registered agent on the dealer’s behalf during the entire period of valid registration of such agent the same as though such contracts or agreements were executed by the dealer. Registration of each agent shall be for the entire shipping season for which the applying dealer’s license is issued; however, a licensed dealer may cancel the registration of any agent registered by her or him by returning the agent’s identification card to the Department of Agriculture and giving formal written notice to the Department of Agriculture of not less than 10 days. In addition, such dealer shall make every effort to alert the public to the fact that the agent is no longer authorized to represent her or him. An agent may be registered by more than one licensed dealer for the same shipping season, provided that each licensed dealer shall apply individually for registration of the agent and further provided that written consent is given by each and every dealer under whose license the agent has valid prior registration.
(2) When the above requirements and such additional requirements as may be set forth by regulations adopted by the Department of Citrus for registration of an agent have been met and the fee required by s. 601.59(2) has been paid, the Department of Agriculture shall duly register the agent and issue an identification card certifying such registration. The identification card, among other things, shall show in a prominent manner:
(a) The name and address of the agent;
(b) The authorizing dealer’s name, address, and license number;
(c) The effective date and season for which registration is made;
(d)1. A space for signature of the agent;
2. A space to be countersigned by the licensed dealer;
3. A statement providing that the card is not valid unless so signed and countersigned.
The Department of Citrus may, from time to time, adopt additional requirements or conditions relating to the registration of agents as may be necessary.
History.—s. 1, ch. 63-75; s. 1, ch. 65-86; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185; s. 22, ch. 71-186; s. 2, ch. 81-318; s. 2, ch. 83-142; ss. 1, 3, ch. 85-129; s. 4, ch. 91-429; s. 978, ch. 97-103.
601.61 Bond requirements of citrus fruit dealers.—
(1) Except as hereinafter provided, prior to the approval of a citrus fruit dealer’s license, the applicant therefor must deliver to the Department of Agriculture and Consumer Services a good and sufficient cash bond, appropriate certificate of deposit, or a surety bond executed by the applicant as principal and by a surety company qualified to do business in this state as surety, in an amount as determined by the Department of Citrus. The amount of such bond or certificate of deposit shall be determined by taking into consideration any one or more of the following: The number of standard packed boxes of citrus fruit, or the equivalent thereof, which the applicant intends to handle during the term of the license as set forth in the application; the total volume of fruit handled by the dealer the previous season; the highest month’s volume handled the previous season; the anticipated increase in the total citrus crop during the season for which the application for license is made; and other relevant factors based on the following schedule:
(a) $1,000 up to 2,000 boxes;
(b) $2,000 up to 5,000 boxes;
(c) $3,750 up to 7,500 boxes;
(d) $5,000 up to 10,000 boxes;
(e) $10,000 up to 20,000 boxes;
(f) $1,000 for each additional 20,000 boxes or fraction thereof in excess of 20,000 boxes, with a maximum bond of $100,000.
If a citrus fruit dealer during the term of her or his license finds that she or he has handled, or can reasonably expect to handle a volume of fruit greater than that covered by a posted bond or certificate of deposit, the dealer shall have the affirmative duty of immediately notifying the Department of Agriculture and Consumer Services and initiating an increase in such bond or certificate of deposit to an amount that will meet the requirements set forth above.
(2) Said bond shall be in the form approved by the Department of Agriculture and Consumer Services and shall be conditioned as provided in s. 601.66(9), and also to fully comply with the terms and conditions of all contracts, verbal or written, made by the citrus fruit dealer with producers or with other citrus fruit dealers, relative to the purchasing, handling, sale, and accounting of purchases and sales of citrus fruit, and upon the dealer accounting for the proceeds from, and paying for, any citrus fruit purchased or contracted for, in accordance with the terms of the contracts with producers, and upon the dealer accounting for any advance payments or deposits made, and delivering all citrus fruit contracted for, in accordance with the terms of the contracts with other citrus fruit dealers. The commission may prescribe by rule that such a producer contract contain information that it considers necessary to protect the producer from deceptive practices. For purposes of this chapter, every such contract shall be conclusively deemed to have been made and entered into during the shipping season in which the delivery of fruit into the primary channel of trade is made.
(3) Said bond shall be to the Department of Agriculture, for the use and benefit of every producer and of every citrus fruit dealer with whom the dealer deals in the purchase, handling, sale, and accounting of purchases and sales of citrus fruit. The aggregate accumulative liability under any bond shall not exceed the amount named therein. Said bond shall provide that the surety company thereon shall not be liable to any citrus fruit dealer claiming to be injured or damaged by the said dealer if the aggregate of the amounts found to be due to producers pursuant to the provisions of this chapter equals or exceeds the amount of the bond, unless such citrus fruit dealer is also a producer and is acting in the capacity of a producer and not in the capacity of a citrus fruit dealer in the transaction wherein she or he claims to have been injured or damaged by applicant; but if the aggregate of such amounts is less than the amount of the bond, then the surety may be held liable to such citrus fruit dealers, but not in excess of the sum by which the amount of the bond exceeds the aggregate of the amounts found to be due to producers pursuant to the provisions of this chapter.
(4) The Department of Citrus or the Department of Agriculture, or any officer or employee designated by the Department of Citrus or the Department of Agriculture, shall have the right to inspect such accounts and records of any citrus fruit dealer as may be deemed necessary to determine whether a bond which has been delivered to the Department of Agriculture is in the amount required by this section or whether a previously licensed nonbonded dealer should be required to furnish bond. If any such citrus fruit dealer refuses to permit such inspection, the Department of Agriculture may publish the facts and circumstances and by order suspend the license of the offender until permission to make such inspection is given. Upon a finding by the Department of Agriculture that any citrus fruit dealer has dealt or probably will deal with more fruit during the season than shown by the application, the Department of Agriculture may order such bond increased to such an amount as will meet the requirements as set forth in the bond schedule of subsection (1). Upon failure to file such increased bond within the time fixed by the Department of Agriculture, the Department of Agriculture may publish the facts and circumstances and by order suspend the license of such citrus fruit dealer until the said bond is increased as ordered.
(5)(a) The following citrus fruit, subject to such rules as may be prescribed by the Department of Citrus, shall not be considered as fruit with which the applicant intends to deal for the purpose of determining the amount of the bond required under subsection (1);
1. Citrus fruit which the applicant produces.
2. Citrus fruit which is handled for its members by a cooperative marketing association organized and existing under the provisions of either chapter 618 or chapter 619.
3. Fresh citrus fruit handled by the applicant, which has been prepared and packaged by a registered packinghouse other than the applicant and has been inspected and certified for shipment.
4. Citrus fruit handled by the applicant from citrus groves for which applicant provides complete grove management services under direct contract with the owner or producer.
5. Citrus fruit handled by a corporate or partnership applicant that is from citrus groves owned by officers or stockholders of the corporation or from citrus groves owned by the partnership, the parent corporation, or a wholly owned subsidiary corporation or its corporate officers or stockholders, or any partner of a partnership; provided that appropriate waivers of right to any claim against the bond required to be posted by this section be attached to and made a part of the application for license.
6. Processed citrus fruit handled by the applicant which has been processed and packaged by a registered citrus processing plant other than the applicant and has been inspected and certified for shipment.
(b) If the applicant does not intend to deal with any citrus fruit other than that which comes within the foregoing classifications, the Department of Agriculture and Consumer Services shall issue a license without the posting of a bond. Such a license shall bear a descriptive statement to the effect that the licensee is not a bonded citrus fruit dealer.
(c) A claim against any citrus fruit dealer’s bond required to be posted by this section shall not be accepted with respect to any damages in connection with fruit handled under the provisions of subparagraphs 1.-6. of paragraph (a) if such claim is filed against the bond of the dealer who was granted bond exempt status for said fruit.
(6) If any of the provisions of this act shall be held to be unconstitutional or invalid for any reason by any court of competent jurisdiction or if such court shall find or declare that no applicant shall be required to furnish the bond required by this act, then and in that event this entire act shall be ineffective for any and all purposes and the laws in effect on July 31, 1965, which are amended by this act, shall not be deemed to be amended or repealed by this act but shall instead remain in full force and effect it being the intention of the Legislature that in such event this entire act shall be ineffective for any and all purposes and the laws in effect on July 31, 1965, which are amended or repealed by this act shall instead not be deemed to be amended or repealed by this act but shall remain in full force and effect.
History.—s. 61, ch. 25149, 1949; s. 21, ch. 26492, 1951; s. 2, ch. 28197, 1953; s. 1, ch. 29762, 1955; s. 1, ch. 61-45; s. 1, ch. 61-389; s. 1, ch. 63-61; ss. 1, 2, ch. 65-73; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185; s. 22, ch. 71-186; ss. 1, 2, 3, ch. 73-199; s. 1, ch. 75-102; s. 2, ch. 78-100; s. 2, ch. 81-318; ss. 1, 3, ch. 85-129; s. 4, ch. 91-429; s. 979, ch. 97-103; s. 3, ch. 98-41.
601.611 Applicable law in event ch. 61-389 held invalid.—If any of the provisions of s. 601.61 be held unconstitutional or invalid for any reason by any court of competent jurisdiction, or if any such court shall find or declare that no applicant shall be required to furnish the bond required by this act, then and in that event this entire act, including s. 5 thereof, shall be ineffective for any and all purposes, and the Laws of Florida in effect on August 1, 1961, which are amended or repealed by this act shall not be deemed to be amended or repealed by this act but shall instead remain in full force and effect, it being the intention of the Legislature that in that event this entire act shall be ineffective for any and all purposes and the Laws of Florida in effect on August 1, 1961, including chapter 61-45, which are amended or repealed by this act shall not be deemed to be amended or repealed by this act but shall instead remain in full force and effect.
History.—s. 4, ch. 61-389; s. 2, ch. 81-318; ss. 1, 3, ch. 85-129; s. 4, ch. 91-429.
601.64 Citrus fruit dealers; unlawful acts.—It is unlawful in, or in connection with, any transaction relative to the purchase, handling, sale, and accounting of sales of citrus fruit:
(1) For any citrus fruit dealer to make or exact any fraudulent charge to or from any person;
(2) For any citrus fruit dealer to reject or fail to deliver in accordance with the terms of the contract without reasonable cause any citrus fruit bought, sold, or contracted to be bought or sold by such citrus fruit dealer;
(3) For any citrus fruit dealer to discard, dump, or destroy without reasonable cause any citrus fruit received by such citrus fruit dealer;
(4) For any citrus fruit dealer to make, for a fraudulent purpose, any false or misleading statement concerning the condition, quality, quantity, or disposition of, or the condition of the market for, any citrus fruit which is received by such citrus fruit dealer or bought or sold or contracted to be bought or sold by such citrus fruit dealer; or the purchase or sale of which is negotiated by such citrus fruit dealer; or to fail or refuse truly and correctly to account and make full payment promptly in respect of any such transaction in any such citrus fruit to the person with whom such transaction is had, or to fail or refuse on such account to make full payment of such amounts as may be due thereon, or to fail without reasonable cause to perform any specification or duty express or implied arising out of any undertaking in connection with any such transaction;
(5) For any citrus fruit dealer to knowingly buy, sell, receive, process, or handle stolen citrus fruit;
(6) For any citrus fruit dealer to violate, or aid or abet in the violation of, any law of Florida governing or applicable to citrus fruit dealers, including any of the provisions of this chapter not herein specifically set forth;
(7) For any citrus fruit dealer to violate or aid or abet in the violation of any rule or regulation duly promulgated by the Department of Citrus.
History.—s. 64, ch. 25149, 1949; s. 10, ch. 26484, 1951; s. 1, ch. 65-82; s. 22, ch. 71-186; s. 2, ch. 81-318; ss. 1, 3, ch. 85-129; s. 4, ch. 91-429.
601.641 Fraudulent representations, penalties.—
(1) It shall be unlawful for any person, firm, association, or corporation to claim or represent to be a licensed citrus fruit dealer, licensed and bonded citrus dealer, or agent of a licensed citrus fruit dealer unless such person, firm, association, or corporation is licensed, licensed and bonded, or a registered agent of a licensed citrus fruit dealer under the Laws of Florida.
(2) It shall be unlawful for any person, firm, association, or corporation to advertise or in any way represent falsely as to her or his status as a seller of citrus fruit, to make any false claim as to the status of such seller of citrus fruit, or to make any false claim as to the condition, grade, quality, quantity, grove origin, or producer’s name and address of any citrus fruit sold by any such person, firm, association, or corporation.
(3) It shall be unlawful for any person, firm, association, or corporation licensed under this chapter to advertise or to use on her or his letterhead, or on any advertising material, or in any way pretend to be a bonded shipper unless said person, firm, association, or corporation has filed and had approved a performance bond in addition to the bond required under this chapter.
(4) This section is supplemental, making provisions in addition to any other provisions of law and shall be construed liberally.
(5) Any person, firm, association, or corporation violating any of the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Such criminal penalties shall be in addition to any other penalties provided by law. If the violator be a licensed citrus fruit dealer, then such license may be revoked or suspended in the manner provided by s. 601.67.
History.—ss. 1-5, ch. 57-4; s. 1, ch. 61-92; s. 1, ch. 65-84; s. 625, ch. 71-136; s. 2, ch. 81-318; ss. 1, 3, ch. 85-129; s. 4, ch. 91-429; s. 980, ch. 97-103.
601.65 Liability of citrus fruit dealers.—If any licensed citrus fruit dealer violates any provision of this chapter, such dealer shall be liable to the person allegedly injured thereby for the full amount of damages sustained in consequence of such violation. Such liability may be enforced either by proceeding in an administrative action to and before the Department of Agriculture and pursuing such action to its ultimate termination if desired or by filing of a judicial suit at law in a court of competent jurisdiction; however, in such court suit the bond of such citrus fruit dealer theretofore posted with the Department of Agriculture pursuant to s. 601.61 shall not be amenable or subject to any judgment or other legal process issuing out of or from such court in connection with such law suit, whether cash bond or surety company bond, but such bonds shall be amenable to and enforceable only by and through administrative proceedings before the Department of Agriculture, it being the intent and purpose of the Legislature that such citrus dealer’s bond so posted with the Department of Agriculture shall be applicable and liable only for the payment of claims duly adjudicated by order of the Department of Agriculture and the determination of such adjudicated claim if and in the event such order is appealed by any aggrieved party to the administrative proceeding.
History.—s. 65, ch. 25149, 1949; s. 1, ch. 65-76; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185; s. 157, ch. 71-355; s. 6, ch. 78-95; s. 2, ch. 81-318; ss. 1, 3, ch. 85-129; s. 4, ch. 91-429.
601.66 Complaints of violations by citrus fruit dealers; procedure; bond distribution; court action on bond.—
(1) Any person may complain of any violation of any of the provisions of this chapter by any citrus fruit dealer during any shipping season, by filing of a written complaint with the Department of Agriculture and Consumer Services at any time prior to May 1 of the year immediately following the end of such shipping season. Said complaint shall briefly state the facts, and the Department of Agriculture and Consumer Services shall thereupon, if the facts alleged prima facie warrant such action, forward true copies of said complaint to the dealer in question and also to the surety company on the dealer’s bond. The dealer at such time shall be called upon, within a reasonable time to be prescribed by the Department of Agriculture and Consumer Services, either to satisfy the complaint or to answer the complaint in writing, either admitting or denying the liability.
(2) If the dealer admits the violation but fails to satisfy the complaint within the time fixed by the Department of Agriculture, the Department of Agriculture shall thereupon order payment by the dealer of the damages sustained.
(3) If the dealer, in her or his answer to the original complaint, denies the violation alleged, the Department of Agriculture shall thereupon determine whether the facts and circumstances set forth in the complaint have been established by competent substantial evidence.
(4) If the Department of Agriculture determines that the complaint has not been so established as aforesaid, the order shall, among other things, dismiss the proceeding.
(5) If the Department of Agriculture determines that the allegations of the complaint have been established as aforesaid, it shall make its findings of fact accordingly and thereupon adjudicate the amount of indebtedness or damages due to be paid by the dealer to the complainant. The administrative order shall fix a reasonable time within which said indebtedness shall be paid by the dealer.
(6) Upon failure by a dealer to comply with an order of the Department of Agriculture and Consumer Services directing payment, the Department of Agriculture and Consumer Services shall call upon the surety company to pay over to the Department of Agriculture and Consumer Services, out of the bond theretofore posted by the surety for such dealer, the amount of damages sustained but not exceeding the amount of the bond. The proceeds to the Department of Agriculture and Consumer Services by the surety company shall, in the discretion of the Department of Agriculture and Consumer Services, be either paid to the original complainant or held by the Department of Agriculture and Consumer Services for later disbursement, depending upon the time during the shipping season when the complaint was made, when liability was admitted by the dealer, when the proceeds were so paid by the surety company to the Department of Agriculture and Consumer Services, the amount of other claims then pending against the same dealer, the amount of other claims already adjudicated against the dealer, and such other pertinent facts as the Department of Agriculture and Consumer Services in its discretion may consider material. The Department of Agriculture and Consumer Services, if it decides to pay the proceeds to the original complainant, has authority to order an increase in the original bond of the dealer to such higher sum as to the Department of Agriculture and Consumer Services would be justified under all the circumstances so as to protect other possible claimants and to exercise all powers otherwise confided to it under this chapter to enforce the posting of such increased bond. The Department of Agriculture and Consumer Services also, in its discretion as the facts and circumstances might appear to it, may hold the amount of such proceeds until such later time, up to the time when all claims have been filed during the allotted period after the closing of the shipping season and such claims adjudicated, and may then disburse the total proceeds in its possession paid over to it by the surety company on the dealer’s bond as such claims were adjudicated to the various claimants, paying first to the producers the amount of their claims in full, if such proceeds are sufficient for such purpose, and if not, then in pro rata shares to such producer claimants; and if there then exist additional proceeds in the hands of the Department of Agriculture and Consumer Services, after all claims of producers have been paid in full, the balance of such proceeds shall be paid to claimants who are citrus fruit dealers, either in whole or in pro rata portion, as the aggregate of their claims may bear to the amount of such additional proceeds.
(7) Upon failure of a surety company to comply with a demand for payment of the proceeds of a citrus fruit dealer’s bond pursuant to administrative orders entered by the Department of Agriculture fixing amounts due claimants, the department shall within a reasonable time file in the Circuit Court in and for Polk County, an original petition or complaint setting forth the administrative proceedings before the Department of Agriculture and ask for final order of the court directing the surety company to pay the proceeds of the said bond to the Department of Agriculture for distribution to the claimants.
(8) In any court proceeding filed under subsection (7), the findings of facts and orders of the Department of Agriculture shall be prima facie evidence of the facts therein stated, and if in such suit the Department of Agriculture is successful and the court affirms the department’s demand for payment from the surety company, the Department of Agriculture shall be allowed all court costs incurred therein and also a reasonable attorney’s fee to be fixed and collected as a part of the costs of the suit.
(9) The bond required to be posted by citrus fruit dealers under s. 601.61 shall be subject, and so conditioned therein, only to payment of claims duly adjudicated by the Department of Agriculture. All proceeds from such bonds shall be paid over by the surety company directly to the Department of Agriculture, to be disbursed by it to successful claimants in whose favor the Department of Agriculture has entered administrative order or orders. Such funds shall be considered trust funds in the hands of the Department of Agriculture for the exclusive purpose of satisfying orders of indebtedness duly adjudicated. Cash bonds which may be posted by citrus fruit dealers in lieu of surety company bonds shall occupy the same legal status as funds paid over by the surety company to the Department of Agriculture for payment of claims.
History.—s. 66, ch. 25149, 1949; s. 2, ch. 29737, 1955; s. 1, ch. 65-77; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185; ss. 4, 5, ch. 73-199; s. 1, ch. 77-117; s. 6, ch. 78-95; s. 1, ch. 78-100; s. 2, ch. 81-318; ss. 1, 3, ch. 85-129; s. 4, ch. 91-429; s. 55, ch. 92-291; s. 981, ch. 97-103.
601.67 Disciplinary action by Department of Agriculture and Consumer Services against citrus fruit dealers.—
(1) The Department of Agriculture and Consumer Services may impose a fine not exceeding $50,000 per violation against any licensed citrus fruit dealer for violation of any provision of this chapter and, in lieu of, or in addition to, such fine, may revoke or suspend the license of any such dealer when it has been satisfactorily shown that such dealer, in her or his activities as a citrus fruit dealer, has:
(a) Obtained a license by means of fraud, misrepresentation, or concealment;
(b) Violated or aided or abetted in the violation of any law of this state governing or applicable to citrus fruit dealers or any lawful rules of the Department of Citrus;
(c) Been guilty of a crime against the laws of this or any other state or government involving moral turpitude or dishonest dealing, or has become legally incompetent to contract or be contracted with;
(d) Made, printed, published, distributed, or caused, authorized, or knowingly permitted the making, printing, publication, or distribution of false statements, descriptions, or promises of such a character as to reasonably induce any person to act to her or his damage or injury, if such citrus fruit dealer then knew, or, by the exercise of reasonable care and inquiry, could have known of the falsity of such statements, descriptions, or promises;
(e) Knowingly committed or been a party to any material fraud, misrepresentation, concealment, conspiracy, collusion, trick, scheme, or device whereby any other person lawfully relying upon the word, representation, or conduct of the citrus fruit dealer has acted to her or his injury or damage;
(f) Committed any act or conduct of the same or different character of that hereinabove enumerated which constitutes fraudulent or dishonest dealing; or
(g) Violated any of the provisions of ss. 506.19-506.28, both sections inclusive.
(2) The department may impose a fine not exceeding $100,000 per violation against any person who operates as a citrus fruit dealer without a current citrus fruit dealer license issued by the department pursuant to s. 601.60. In addition, the department may order such person to cease and desist operating as a citrus fruit dealer without a license. An administrative order entered by the department under this subsection may be enforced pursuant to s. 601.73.
(3) The department shall impose a fine of not less than $10,000 nor more than $100,000 per violation against any licensed citrus fruit dealer and shall suspend, for 60 days during the first available period between September 1 and May 31, the license of any citrus fruit dealer who:
(a) Falsely labels or otherwise misrepresents that a fresh citrus fruit was grown in a specific production area specified in s. 601.091; or
(b) Knowingly, falsely labels or otherwise misrepresents that a processed citrus fruit product was prepared solely with citrus fruit grown in a specific production area specified in s. 601.091.
(4) Any fine imposed pursuant to subsection (1), subsection (2), or subsection (3), when paid, shall be deposited by the Department of Agriculture and Consumer Services into its General Inspection Trust Fund.
(5) Whenever any administrative order has been made and entered by the Department of Agriculture and Consumer Services which imposes a fine pursuant to this section, such order shall specify a time limit for payment of the fine, not exceeding 15 days. The failure of the dealer involved to pay the fine within that time shall result in the immediate suspension of such citrus fruit dealer’s current license, or any subsequently issued license, until such time as the order has been fully satisfied. Any order suspending a citrus fruit dealer’s license shall include a provision that such suspension shall be for a specified period of time not to exceed 60 days, and such period of suspension may commence at any designated date within the current license period or subsequent license period. Whenever an order has been entered which suspends a citrus fruit dealer’s license for a definite period of time and that license, by law, expires during the period of suspension, the suspension order shall continue automatically and shall be effective against any subsequent citrus fruit dealer’s license issued to such dealer until such time as the entire period of suspension has elapsed. Whenever any such administrative order of the Department of Agriculture and Consumer Services is sought to be reviewed by the offending dealer involved in a court of competent jurisdiction, if such court proceedings should finally terminate in such administrative order being upheld or not quashed, such order shall thereupon, upon the filing with the Department of Agriculture and Consumer Services of a certified copy of the mandate or other order of the last court having to do with the matter in the judicial process, become immediately effective and shall then be carried out and enforced notwithstanding such time will be during a new and subsequent shipping season from that during which the administrative order was first originally entered by the Department of Agriculture and Consumer Services.
History.—s. 67, ch. 25149, 1949; s. 1, ch. 61-90; s. 2, ch. 61-119; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185; s. 22, ch. 71-186; s. 6, ch. 78-95; s. 1, ch. 79-126; s. 2, ch. 81-318; ss. 6, 7, ch. 82-29; ss. 1, 3, ch. 85-129; s. 1, ch. 89-83; s. 4, ch. 91-429; s. 982, ch. 97-103; s. 4, ch. 97-118; s. 13, ch. 97-220.
601.671 Appropriation of fines collected.—All fines imposed and collected by the Department of Agriculture under the provisions of this chapter are hereby appropriated in the manner provided by s. 601.28(3)(b).
History.—s. 5, ch. 71-185; s. 2, ch. 81-318; ss. 1, 3, ch. 85-129; s. 4, ch. 91-429.
601.68 Investigation of violations.—The Department of Agriculture may instigate and make investigation of any citrus fruit dealer who it has reason to believe has violated any law of this state governing and applicable to citrus fruit dealers, and, whenever the Department of Agriculture determines that any citrus fruit dealer has violated any law of the state governing and applicable to citrus fruit dealers, it may publish the facts and circumstances of such violation and suspend the license of such offender for a specific period or revoke the same or make such other appropriate order as it may deem just and proper, and any such order shall specify the effective date thereof and any order other than one suspending or revoking a license shall automatically suspend such license until said order is complied with. Any administrative order of the Department of Agriculture issued under the provisions of ss. 601.66-601.68 or s. 601.70 shall be deemed to have been issued in the county wherein the licensee has her or his main office, as disclosed in the licensee’s application for citrus dealer’s license.
History.—s. 68, ch. 25149, 1949; s. 10, ch. 26484, 1951; s. 35, ch. 63-512; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185; s. 6, ch. 78-95; s. 2, ch. 81-318; ss. 1, 3, ch. 85-129; s. 4, ch. 91-429; s. 983, ch. 97-103.
601.69 Records to be kept by citrus fruit dealers.—Every citrus fruit dealer shall make and keep a correct record showing in detail the following with reference to the purchase, handling, sale, and accounting of sale of citrus fruit handled by her or him, namely:
(1) The name and address of the producers or other persons from whom the citrus fruit was procured, and, if same was procured from some person other than a licensed citrus fruit dealer, the name and address of the producer of said fruit;
(2) The date citrus fruit is received, the amount thereof, and the purchase price paid therefor if purchased for the purpose of resale;
(3) The condition of such citrus fruit upon receipt by the citrus fruit dealer;
(4) If the citrus fruit is handled on consignment for the account of the producer, the date of sale and the selling price;
(5) An itemized statement of the charges to be paid by the producer in connection with any sale;
(6) A detailed statement of all claims made by producers against the citrus fruit dealer, a copy of each when received to be certified and filed with the Department of Agriculture;
(7) A copy of the record and account of sale of citrus fruit handled on consignment or commission shall be delivered to the producer upon the consummation of the sale, together with all moneys received by the citrus fruit dealer in payment for such transaction made upon account of the producer, less the agreed commission and other charges which must be separately itemized, and said payment and accounting must be made by said citrus fruit dealer to the producer within 15 days after said citrus fruit dealer receives the money in payment of said citrus fruit unless otherwise specified in contract between citrus fruit dealers and producer;
(8) A detailed statement and record of the resale or commercial disposition of citrus fruit so purchased by the dealer for purpose of resale or other commercial disposition, showing the number of boxes resold, the moneys received by such dealer upon such resale of the fruit, the person or dealer and address thereof to whom sold, the date of such resale, and how delivered to such purchaser;
(9) Any other record or account required to be kept and maintained by such dealer by rule or regulation of the Department of Citrus duly promulgated.
History.—s. 69, ch. 25149, 1949; s. 1, ch. 65-78; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185; s. 22, ch. 71-186; s. 2, ch. 81-318; ss. 1, 3, ch. 85-129; s. 4, ch. 91-429; s. 984, ch. 97-103.
601.70 Inspection of records by Department of Agriculture and Consumer Services.—The Department of Agriculture and Consumer Services, or its duly authorized agents, shall have the right to inspect all accounts, records, and memoranda of any citrus fruit dealer required to be kept pursuant to the provisions of this chapter. If any such citrus fruit dealer refuses to permit such inspection, the department may publish the facts and circumstances and by order suspend the license of the offender until permission to make such inspection is given.
History.—s. 70, ch. 25149, 1949; s. 1, ch. 65-79; ss. 14, 35, ch. 69-106; s. 2, ch. 81-318; ss. 1, 3, ch. 85-129; s. 4, ch. 91-429.
601.701 Penalty for failure to keep records.—
(1) It shall be unlawful to fail to keep any records required to be kept under the provisions of the Florida Citrus Code of 1949, or any amendments thereto, or required to be kept by any other law or by any authorized regulation of the Department of Agriculture or the Department of Citrus, or to falsify or cause the falsification of any such records or to keep false records.
(2) The violation of any of the provisions of this act shall constitute a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—ss. 1, 2, ch. 61-96; ss. 14, 35, ch. 69-106; s. 626, ch. 71-136; s. 7, ch. 71-185; s. 22, ch. 71-186; s. 2, ch. 81-318; ss. 1, 3, ch. 85-129; s. 4, ch. 91-429.
601.72 Penalties for violations.—Any person who violates or aids or abets in the violation of any provision of this chapter shall for each offense be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083; provided further that a person shall be guilty hereunder upon conviction for nonpayment of a debt arising solely out of the purchase or sale of citrus fruits only when criminal fraud is proved. Civil suits against a citrus fruit dealer only, without resort to such dealer’s bond as provided in s. 601.65, and also criminal prosecutions arising by violation of any of the provisions of this chapter as herein provided, may be instituted or prosecuted in the county where the said citrus fruit was received by the dealer or in the county wherein the principal place of business of such dealer is located within the state, or within the county in which the alleged violation occurred; and if such violation occurs in more than one county, then within the county wherein such violation or any part thereof occurred.
History.—s. 72, ch. 25149, 1949; s. 1, ch. 65-83; s. 627, ch. 71-136; s. 2, ch. 81-318; ss. 1, 3, ch. 85-129; s. 4, ch. 91-429.
601.73 Additional methods of enforcement.—The several circuit courts of the state, sitting in chancery, are vested with jurisdiction specifically to enforce, and to enjoin and restrain any citrus fruit dealer from violating the provisions of this law, or any rule, regulation, or order made by the Department of Agriculture, in any proceeding brought by the Department of Agriculture in any of said circuit courts; and in any such proceeding it shall not be necessary for the Department of Agriculture to allege or prove that an adequate remedy at law does not exist.
History.—s. 73, ch. 25149, 1949; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185; s. 2, ch. 81-318; ss. 1, 3, ch. 85-129; s. 4, ch. 91-429.
601.731 Transporting citrus on highways; name and dealer designation on vehicles; load identification; penalty.—
(1)(a) It is unlawful to operate any truck, tractor, trailer, or other motor vehicle hauling citrus fruit in bulk or in unclosed containers for commercial purposes on the highways of this state unless such truck, tractor, trailer, or other motor vehicle is:
1. Designated by a number assigned or permitted for use in the way and manner and to the extent prescribed by regulation of the Department of Citrus.
2. Identified by lettering plainly showing the name of the person owning same, or the name of any lessee or other person operating same. The lettering shall not be less than 3 inches in height on both sides of the vehicle or on the front end and the rear end of the vehicle, except that lettering on flatbed semitrailers shall not be less than 11/2 inches in height on the rear end of the trailer.
(b) If the truck, tractor, trailer, or other motor vehicle is owned by a licensed fruit dealer under this chapter, there shall also appear, except on the rear end of a flatbed semitrailer or similar truck trailer, the words “Licensed Citrus Fruit Dealer” by lettering of not less than 3 inches minimum in height under the name of the owner of such vehicle. When both a tractor and trailer or when two units are used in the operation of hauling, both of such units shall be so marked.
(c) The designations aforesaid shall be painted or affixed by decal upon the vehicle or units so as to be of a permanent character, except that where vehicles are leased for a period of not more than 30 days, it shall be sufficient if the designations provided in paragraphs (a) and (b) are clearly legible and affixed by temporary means.
(d) A motor vehicle which is not so marked that is so hauling such citrus fruit on the highways of this state shall prima facie be considered to be hauling commercial fruit with intent to violate this section. The provisions of this subsection do not apply to any such fruit being hauled from the farm or grove by the producer of such fruit in her or his own vehicle to market or place of first commercial handling unless such producer is also a licensed citrus fruit dealer.
(2) Any person driving any truck, tractor, trailer, or other motor vehicle hauling citrus fruit in bulk or in unclosed containers for commercial purposes on the highways of the state shall have on her or his person when driving such vehicle a certificate or other paper showing the approximate amount of fruit being hauled; the name of the owner and the grove or other origin of such fruit; the number painted or affixed by decal, as well as the number of the motor vehicle license tag, on the vehicle in which such fruit is being hauled; and such other information and data as may be prescribed by regulation of the Department of Citrus, and it is unlawful to drive any such vehicle on the highways of this state without having such certificate or other paper. The failure of any such person to have such certificate or other paper on her or his person when driving, as aforesaid, is prima facie evidence of intent to violate and of the violation of this act.
(3)(a) A person who violates or fails to comply with any of the provisions of subsection (1) is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(b) A person who violates or fails to comply with any of the provisions of subsection (2) is, upon the first conviction, guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and upon any subsequent conviction, guilty of a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.
History.—ss. 1, 2, ch. 59-37; s. 2, ch. 63-77; s. 1, ch. 65-87; s. 628, ch. 71-136; s. 22, ch. 71-186; s. 1, ch. 79-23; s. 2, ch. 81-318; ss. 1, 2, ch. 84-212; ss. 1, 2, 3, ch. 85-129; s. 4, ch. 91-429; s. 3, ch. 92-43; s. 54, ch. 95-144; s. 985, ch. 97-103.
601.74 Adoption of rules; fees for licensing and analysis of processing materials.—The Department of Agriculture and Consumer Services may adopt rules and set fees with respect to the licensing and analysis of materials and composition used on or in the packing of citrus fruits. Such rules may include fees for permitting dyes and coloring matter. Fees shall be not less than the amount of $30 nor more than $100 for each manufacturer making application to the department. All such license fees collected hereunder shall be paid monthly by the Department of Agriculture and Consumer Services into the State Treasury to the credit of the General Inspection Trust Fund and shall be appropriated and made available for defraying the expenses incurred in the administration of this law.
History.—s. 74, ch. 25149, 1949; s. 2, ch. 61-119; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185; s. 2, ch. 81-318; ss. 1, 3, ch. 85-129; ss. 5, 12, ch. 87-44; s. 4, ch. 91-429.
601.75 Dyes and coloring matter for citrus fruit to be certified prior to use.—The Department of Agriculture and Consumer Services may adopt rules with respect to the permitting and certification of dyes and coloring matter for citrus fruit prior to use on any citrus fruit.
History.—s. 75, ch. 25149, 1949; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185; s. 2, ch. 81-318; ss. 1, 3, ch. 85-129; ss. 6, 12, ch. 87-44; s. 4, ch. 91-429.
601.76 Manufacturer to furnish formula and other information.—The Department of Agriculture and Consumer Services may adopt rules with respect to requirements for information which must be furnished by manufacturers of coloring matter for use on citrus fruit. Such information may include product formulas. Any formula required to be filed with the Department of Agriculture and Consumer Services shall be deemed a trade secret as defined in s. 812.081, is confidential and exempt from the provisions of s. 119.07(1), and shall only be divulged to the Department of Agriculture and Consumer Services or to its duly authorized representatives or upon orders of a court of competent jurisdiction when necessary in the enforcement of this law. A person who receives such a formula from the department under this section shall maintain the confidentiality of the formula.
History.—s. 76, ch. 25149, 1949; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185; s. 2, ch. 81-318; ss. 1, 3, ch. 85-129; ss. 7, 12, ch. 87-44; s. 4, ch. 91-429; s. 14, ch. 92-4; s. 359, ch. 96-406.
601.77 Subsequent analysis of coloring matter; inspection of packinghouses for application.—The Department of Agriculture and Consumer Services may, by rule, provide for subsequent analysis of coloring matter, for inspection of packinghouses or other places where coloring matter is applied to citrus fruit, and for grounds for revocation of a license to use coloring matter on fruit.
History.—s. 77, ch. 25149, 1949; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185; s. 6, ch. 78-95; s. 2, ch. 81-318; ss. 1, 3, ch. 85-129; ss. 8, 12, ch. 87-44; s. 4, ch. 91-429.
601.78 Manufacturer to post bond.—The Department of Agriculture and Consumer Services may, by rule, require cash or surety bonds to be posted by manufacturers of coloring matter used on citrus fruit. The Department of Agriculture and Consumer Services shall adopt rules prescribing the amount and form of such bonds and the grounds and procedures for forfeiture of same. The amount of the bond shall not exceed $5,000.
History.—s. 78, ch. 25149, 1949; s. 2, ch. 61-119; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185; s. 2, ch. 81-318; ss. 1, 3, ch. 85-129; ss. 9, 12, ch. 87-44; s. 4, ch. 91-429.
601.79 To color grapefruit and tangerines prohibited.—It is unlawful for any person to use on grapefruit or tangerines or apply thereto any coloring matter.
History.—s. 79, ch. 25149, 1949; ss. 1-3, ch. 29808, 1955; ss. 1-3, ch. 57-27; ss. 1-3, ch. 59-32; s. 1, ch. 61-89.
601.80 Unlawful to use uncertified coloring matter.—It is unlawful for any person to use on oranges or citrus hybrids any coloring matter which has not first received the approval of the Department of Agriculture and Consumer Services as provided by rule adopted pursuant to s. 601.76.
History.—s. 80, ch. 25149, 1949; s. 2, ch. 61-89; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185; s. 17, ch. 71-186; s. 10, ch. 87-44.
601.85 Standard shipping box for fresh fruit.—The specifications for the standard legal shipping box, crate, or container to be used in shipping fresh citrus fruits shall be as established by the Department of Citrus; but provided that the unit of a standard-packed box, commonly called 13/5 bushels, shall contain an inside cubical measurement of 3,456 cubic inches.
History.—s. 85, ch. 25149, 1949; s. 22, ch. 71-186.
601.86 Standard field boxes for fresh citrus fruit.—All field boxes used in the purchase, sale, or handling of citrus fruit from or for the grower by a citrus fruit dealer in the state shall be of the uniform standard size of 311/2 inches long, 13 inches high, and 12 inches wide, inside measurements, and shall be divided into two compartments by a center partition of at least three-fourths inch thickness; and each of these compartments thus created shall have a cubical capacity of not to exceed 2,400 cubic inches.
History.—s. 86, ch. 25149, 1949.
601.87 Use of cleats on boxes.—The height of the end heads and the center partition of field boxes shall in no case be increased more than 11/4 inches by the addition of cleats or any similar addition to the height so that the total height of said boxes from the inside bottom to the top of said cleats shall not exceed 141/4 inches. It is unlawful to place cleats or any other device or thing on the bottom or top, other than herein provided, of any standard citrus field box whereby the space between the field boxes when stacked will be greater than the space that exists between such standard field boxes as herein defined.
History.—s. 87, ch. 25149, 1949.
601.88 Oversized boxes to be stamped.—
(1) It is unlawful to use any field box that exceeds the total capacity of 4,900 cubic inches in the purchase, sale, or handling of oranges, grapefruit, or tangerines by a citrus fruit dealer from or for a grower, unless all field boxes exceeding this dimension shall have plainly stamped on both ends of the box in letters of the dimension of 1 inch in height and width the word “oversize.”
(2) It is unlawful to use any “tractor box” or other bulk harvesting equipment or special type field box that exceeds the total capacity of 4,900 cubic inches in the purchase, sale, or handling of oranges, grapefruit, or tangerines by a citrus fruit dealer from or for a grower, unless such tractor box or other bulk harvesting equipment or special type field box exceeding this dimension shall have plainly stamped on both ends of the tractor box or other bulk harvesting equipment or special type field box in letters of the dimension of 1 inch in height and width the actual content expressed in terms of standard field box equivalent as defined in s. 601.86.
History.—s. 88, ch. 25149, 1949; s. 9, ch. 59-20; s. 1, ch. 63-72.
601.89 Citrus fruit; when damaged by freezing.—
(1) Citrus fruit shall be deemed “seriously” damaged by freezing when such freezing causes:
(a) Marked dryness to extend into the segments of oranges and grapefruit more than 1/2 inch at the stem end; or into segments of mandarin or hybrid varieties more than 1/4 inch at the stem end; or more than an equivalent amount by volume of dryness to occur in any other portions of the fruit.
(b) Internal freeze-related injury, as defined in subsection (3), when such condition or combination of conditions is determined to affect the fruit to a degree equal in seriousness to that described in paragraph (a).
(2) Citrus fruit shall be deemed “damaged” by freezing when such freezing causes:
(a) Marked dryness to extend into the segments of oranges and grapefruit more than 1/4 inch but less than 1/2 inch at the stem end; or into segments of mandarin or hybrid varieties more than 1/8 inch but less than 1/4 inch at the stem end; or more than an equivalent amount by volume of dryness to occur in any portions of the fruit.
(b) Internal freeze-related injury, as defined by subsection (3), when such condition or combination of conditions is determined to affect the fruit to a degree equal in seriousness to that described in paragraph (a).
(3) Internal freeze-related injury to citrus fruit, caused by freezing, shall consist of any of the following:
(a) Wet cores or wet segment walls;
(b) Water soaking;
(c) Juice cell breakdown;
(d) Mushy condition;
(e) Honeycomb or open spaces in pulp; or
(f) Other evidence of internal breakdown, decay, or moldy condition.
History.—s. 89, ch. 25149, 1949; s. 1, ch. 81-97.
601.90 Freeze-damaged citrus fruit; power of commission.—
(1) Whenever freezing temperatures of sufficient degree to cause serious damage to citrus fruit occur in all major citrus-producing areas of the state, the commission, upon call of the chair and with such notice as may be appropriate under the circumstances, shall meet within 96 hours of the last occurrence of such freezing temperatures to determine whether or not such freezing temperatures have caused damage to citrus fruit as defined in s. 601.03 and, if so, the degree of such damage.
(2) If the commission, at such meeting, determines that serious damage, as defined in s. 601.89(1), has occurred to such citrus fruit, it may, upon majority vote, enter an emergency quality assurance order providing for one or more of the following:
(a) Prohibiting the preparation for market, sale, offering for sale, or shipment of citrus fruit for a period not to exceed 10 days after commencement of the order period.
(b) Prohibiting the sale, offering for sale, or shipment of any citrus fruit showing “damage,” as defined by s. 601.89(2), for a period not to exceed 14 days after commencement of the order period.
(c) Prohibiting the preparation for market, sale, offering for sale, or shipment of citrus fruit for a period not to exceed 10 days after commencement of the order period, and further prohibiting the sale, offering for sale, or shipment of citrus fruit showing “damage,” as defined by s. 601.89(2), for a subsequent period not to exceed 14 additional days.
(d) Prohibiting the sale, offering for sale, or shipment, in offshore export trade channels, of citrus fruit showing any degree of internal freeze-related injury, as defined by s. 601.89(3), for a period not to exceed 30 days from commencement of the order period.
(3) Any emergency order entered pursuant to this section shall become effective upon adoption by the commission, the provisions of chapter 120 to the contrary notwithstanding, and shall have the full force and effect of law. The order period shall commence at a time established by the commission in its order, but not sooner than 36 hours following adoption of the order.
(4) Emergency quality assurance orders shall not be applicable to any citrus fruit sold or transported to a citrus processing plant for processing purposes or to any citrus fruit inspected, packed, and certified for shipment prior to commencement of the order period; however, any such citrus fruit not shipped within 48 hours of commencement of the order period shall be reinspected, on a random basis, and recertified as damage-free.
(5) Any order may provide for reasonably extended packinghouse inspection hours prior to commencement of the order period.
History.—s. 90, ch. 25149, 1949; s. 1, ch. 59-7; s. 22, ch. 71-186; s. 2, ch. 81-97; s. 2, ch. 90-195; s. 986, ch. 97-103.
601.901 Use of freeze-damaged fruit in frozen concentrated citrus products.—
(1) At any time subsequent to a commission determination, pursuant to s. 601.90, that serious damage has resulted to citrus fruit from freezing temperatures, the commission may, at a regular or special meeting, establish by order the maximum degree of freeze damage or freeze-related injury to be permitted in citrus fruit used in preparation of any frozen concentrated products, including concentrate for manufacturing purposes, for the purpose of protecting the quality of such processed products.
(2) Notwithstanding the provisions of chapter 120, any order adopted by the commission pursuant to this section shall become effective at a time fixed by the commission, but not less than 24 hours from the time of adoption, and shall expire at a time fixed by the commission, but in no instance later than the end of the current shipping season.
(3) This section shall not repeal any other authority now or hereafter delegated to the Department of Citrus, but shall be deemed as additional and supplemental authority vested in the Department of Citrus, and should any part of this section be held to be unconstitutional or unenforceable by any court of competent jurisdiction, the decision of such court shall not affect the remaining portions of this section. It is the intention of the Legislature that this section would have been adopted had such unconstitutional or such unenforceable provision not been included herein.
History.—ss. 1-3, ch. 59-21; s. 22, ch. 71-186; s. 1, ch. 78-60; s. 10, ch. 78-95.
601.91 Unlawful to sell, transport, prepare, receive, or deliver freeze-damaged citrus.—
(1) It is unlawful at any time for any person to sell or offer for sale, to transport, or to prepare, receive, or deliver for transportation or market, except for canning, concentrating, or byproduct purposes within the state, any citrus fruit seriously damaged by freezing, as defined in s. 601.89. Not more than 15 percent by count of the citrus fruit in any one container or bulk lot may be seriously damaged by freezing injury; but not more than one-third of this tolerance shall be allowed for citrus fruit now or hereafter deemed adulterated by federal law or regulation.
(2) No lot of citrus fruit seriously damaged by freezing may be mixed with other lots of citrus fruit which are free from damage by freezing resulting in concealment of inferior fruit and thereby reducing the percentage of defective fruit in the seriously damaged lot to within the tolerance permitted for error in grading only.
(3) The manner and method of drawing samples and conducting tests under this section shall be prescribed by rules and regulations of the Department of Citrus. The inspection in the state of all citrus fruits seriously damaged by freezing and the enforcement of this section and of rules, regulations, and orders made by the Department of Citrus pursuant to and under authority of this section shall be under the direction, supervision, and control of the Department of Agriculture and its duly authorized agents and inspectors who are qualified under existing laws to inspect for grade and maturity; and all citrus fruits that may be found to be seriously damaged by freezing, as defined by s. 601.89, upon inspection and testing shall be seized and may be confiscated and destroyed under the supervision of the citrus fruit inspector at the expense of the owner unless previous disposition is made by the owner or other person who offered the same for inspection, all the provisions of this section being subject to such reasonable rules and regulations as may be promulgated by the Department of Citrus.
History.—s. 91, ch. 25149, 1949; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185; s. 22, ch. 71-186; s. 6, ch. 78-95.
601.92 Use of arsenic in connection with citrus.—Persons owning, managing, or tending and cultivating citrus groves or trees shall not use arsenic or any of its derivatives, or any combination, compound, or preparation containing arsenic as a fertilizer or spray on bearing citrus trees, except grapefruit trees.
History.—s. 92, ch. 25149, 1949.
601.93 Sale of citrus containing arsenic.—No person shall sell or offer for sale, transport, prepare, secure, or deliver for transportation or market any fruit of any variety except grapefruit which contains any arsenic or any compound or derivative of arsenic.
History.—s. 93, ch. 25149, 1949.
601.94 Fruit containing arsenic; powers of inspection.—Citrus fruit inspectors are authorized:
(1) To inspect citrus fruit, except grapefruit, for arsenic content at any packinghouse, canning plant, concentrating plant, or other place where citrus fruit, except grapefruit, is being received or prepared for sale or transportation, and
(2) To enforce the provisions of these arsenic laws under the direction and supervision of the Department of Agriculture in accordance with the law and rules and regulations prescribed by the said Department of Agriculture.
History.—s. 94, ch. 25149, 1949; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185.
601.95 Seizure of citrus fruit containing arsenic.—Whenever any citrus fruit inspector shall find citrus fruit, except grapefruit, at any packinghouse, canning plant, concentrating plant, or other place that the same is being received or prepared for sale or transportation which citrus fruit shall, when tested, show an abnormal and excessively high ratio of total soluble solids of the juice thereof to the anhydrous citric acid thereof indicating the presence of arsenic therein, said inspector shall at once seize and take possession of said citrus fruit, except grapefruit, pending the procuring of the chemical analysis provided for in this chapter notifying the manager or other person in charge of said packinghouse, canning plant, concentrating plant, or other place where the said fruit is being received of such seizure. It is unlawful for the manager of said packinghouse, canning plant, concentrating plant, or other place where the fruit is being received, or the owner of said citrus fruit, or any person whomsoever to sell, transport, or in any way move or dispose of any of said fruit from the time of seizure thereof until after the making of said chemical analysis and the receipt of the chemist’s report thereon; provided that no citrus fruit so seized may be held by any inspector more than 96 hours after the time of seizure thereof unless the same shall be shown by the chemist’s analysis to contain arsenic.
History.—s. 95, ch. 25149, 1949; s. 10, ch. 26484, 1951.
601.96 Seized fruit; taking samples for analysis.—Upon the making of seizure of any citrus fruit as provided in s. 601.95, the inspector making said seizure shall immediately draw samples therefrom, as shall be provided for by regulations to be issued by the Department of Agriculture, drawing said samples either from the packinghouse, canning plant, or concentrating plant bins, or elsewhere in the packinghouse, canning plant, or concentrating plant, or from field boxes or vehicles delivering said citrus fruit to said packinghouse. Such samples so drawn by said inspector shall be transported with all possible haste to such chemist as may be designated by the Department of Agriculture for the making by such chemist of a chemical analysis thereof to determine whether or not the said citrus fruit contains arsenic. Said chemist shall make said analysis with all the proper haste and report by the quickest means available the result of said analysis as soon as the same is completed to the inspector making the seizure. If the said analysis shall show that the said citrus fruit contains no arsenic, the inspector shall release the fruit from seizure as soon as she or he receives the report of the chemist thereon.
History.—s. 96, ch. 25149, 1949; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185; s. 987, ch. 97-103.
601.97 Destruction of certain fruit containing arsenic.—All citrus fruit, except grapefruit, prepared for sale or transportation, or which is being prepared for such purpose, or which has been or is being delivered for sale or transportation that may be shown by the chemical analysis provided for in s. 601.96 to contain arsenic, or any compound or derivative of arsenic, shall be destroyed by the inspector making seizure of the same, or by any citrus fruit inspector, or by the sheriff of the county where found, as may be provided by regulations prescribed by the Department of Agriculture. Regulations for the application and enforcement of ss. 601.92-601.97, inclusive, shall be promulgated by the Department of Agriculture.
History.—s. 97, ch. 25149, 1949; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185.
601.98 Shipment, sale, or offer of imported citrus fruit or citrus products.—
(1) It is unlawful for any person to quote, offer for sale, sell, ship, or invoice in or from Florida any citrus fruit or the canned or concentrated products thereof grown and canned or concentrated in any other state or country other than Florida in such manner as to indicate in any form whatsoever that the citrus fruit or the canned or concentrated products thereof were produced and canned in Florida.
(2) Every such person in Florida shall specifically advise and notify the buyer of any citrus fruit or the canned or concentrated product thereof produced and canned or concentrated in any state or country other than Florida which is being sold, quoted, offered for sale, or shipped to such buyer that the citrus fruit or the canned or concentrated products thereof were not produced in Florida; and the failure to so notify and advise such buyer will be construed as a violation of this section.
History.—s. 98, ch. 25149, 1949.
601.981 Permits for export to foreign countries.—During each shipping season the Department of Citrus is authorized and empowered to issue permits permitting citrus fruit grown in Florida, whether color-added or otherwise, to be exported to all foreign countries, other than Canada and Mexico, when the total soluble solids of the juice thereof and the minimum ratio of the total soluble solids of the juice thereof to the anhydrous citric acid and the juice content thereof is within a tolerance not exceeding 10 percent of the standards established by law, provided such citrus fruit is loaded on chartered vessels at a Florida port. The Department of Citrus shall promulgate such rules and regulations as it may deem necessary or required to control such permits.
History.—s. 1, ch. 61-94; s. 1, ch. 67-21; s. 1, ch. 70-15; s. 1, ch. 70-439; s. 22, ch. 71-186.
601.99 Unlawful to misbrand wrappers or packages containing citrus fruit.—It is unlawful for any person to misbrand any package or any wrapper containing citrus fruits or any container of the canned or concentrated products thereof, and all citrus fruits and the canned or concentrated products thereof shall be deemed misbranded if the package or the wrapper or the container thereof shall bear any statement, design, or device regarding the fruit therein contained which is false or misleading either as to the name, size, quality, or brand of such fruit or the canned or concentrated products thereof or as to the locality in which it was grown.
History.—s. 99, ch. 25149, 1949.
601.9901 Certificates of inspection; form.—All certificates of inspection prescribed by this chapter shall be of such number, form, size, and character as the Department of Citrus may by rule and regulation prescribe and shall be used in such manner as to identify the fruit or the canned or concentrated products thereof to which they relate.
History.—s. 100, ch. 25149, 1949; s. 22, ch. 71-186.
Note.—Former s. 601.0100.
601.9902 Payment of salaries and expenses; Department of Citrus.—All salaries, costs, and expenses incurred by the Department of Citrus in the administration and the enforcement of this chapter and in the performance of its duties and the exercise of its powers under the laws of this state shall be proratably paid from the moneys derived from the citrus advertising taxes imposed on the various types of citrus fruit in such proportion as the Department of Citrus may find each respective type is affected by such expenditures.
History.—s. 101, ch. 25149, 1949; s. 10, ch. 59-20; s. 20, ch. 71-186.
Note.—Former s. 601.0101.
601.9903 Annual report of Department of Citrus.—The Department of Citrus shall make an annual report to the Governor upon the work of the Department of Citrus. It shall also make such special reports upon any phase of the work of the Department of Citrus as may be called for by the Governor or the Legislature or either house thereof.
History.—s. 102, ch. 25149, 1949; s. 22, ch. 71-186.
Note.—Former s. 601.0102.
601.99035 Annual travel report of Department of Citrus.—The Department of Citrus shall, at the end of each fiscal year, publish an annual travel report that states, for each staff member of the Department of Citrus and each member of the Florida Citrus Commission who has traveled during that year, the name of the person, the person’s position title, the date on which a claim for reimbursement was submitted, the dates of travel, the destinations, the purpose of the travel, and all expenditures that resulted from the travel.
History.—s. 3, ch. 2003-144.
601.99036 Approval of specified salary changes.—Any change in the salary of an employee of the Department of Citrus which is at or above $100,000 annually must be approved by the full membership of the Florida Citrus Commission at the meeting of the commission in July 2003, or at the first subsequent meeting, and before any subsequent salary adjustment is made.
History.—s. 2, ch. 2003-144.
601.9904 Rules and regulations; frozen citrus juices.—The Department of Citrus is hereby authorized and required to promulgate and enforce rules and regulations concerning the contents, preparation, concentrating, other processing, and keeping or storing of frozen concentrated fresh citrus juices, and such rules and regulations may cover but are not limited to the sanitary conditions under which such product is prepared, the type of equipment and machinery used therein, and the manner and method of storage within this state and the manner and method of shipment.
History.—s. 103, ch. 25149, 1949; s. 22, ch. 71-186.
Note.—Former s. 601.0103.
601.9905 Canned orange juice; standards; labeling.—No canned orange juice shall be sold or offered for sale or shipped or offered for shipment which:
(1) Is prepared from raw juice containing before the addition of any additive less than 8.5 percent total soluble solids;
(2) When canned, contains less than 10 percent total soluble solids;
(3) Has a ratio of total soluble solids to anhydrous citric acid of less than 9 to 1;
(4) Contains less than 0.55 percent or more than 1.60 percent anhydrous citric acid;
(5) Contains more than 0.050 percent recoverable oil; or
(6) Does not meet requirements to be established by the Department of Citrus regarding color, absence of defects, taste, and flavor; unless the immediate container thereof shall be labeled in accordance with regulations of the Department of Citrus and there shall appear on such label the word “substandard” in bold type not less than 1/4 inch high printed or stamped diagonally thereon.
History.—s. 104, ch. 25149, 1949; s. 22, ch. 26492, 1951; s. 22, ch. 71-186.
Note.—Former s. 601.0104.
601.9906 Processed grapefruit juice products; standards.—
(1) The grapefruit juice products to which this section applies shall include canned grapefruit juice, chilled grapefruit juice, frozen concentrated grapefruit juice, concentrated grapefruit juice for manufacturing, and such other grapefruit juice products as the commission may by rule prescribe which may be consumed as juice or used to produce other grapefruit juice products which may be consumed as juice.
(2) This section shall not apply to any grapefruit juice products to which have been added readily detectable quantities of one or more readily detectable ingredients, which the commission shall by rule specify, which ingredients are impermissible in the grapefruit juice products described in subsection (1) but are appropriate for use in one or more other products which are not consumed as juice, such as diluted fruit juice beverages or beverage bases used to produce diluted fruit juice beverages.
(3) No grapefruit juice products shall be sold or offered for sale or shipped or offered for shipment which have a minimum ratio of total soluble solids to anhydrous citric acid of less than seven and one-half to one, or such higher ratio as the commission may by rule prescribe.
(4) The commission shall by rule prescribe quality standards for grapefruit juice products. Such standards shall be designed to further the acceptance and consumption of the grapefruit juice products so regulated.
History.—s. 105, ch. 25149, 1949; ss. 1, 2, ch. 63-107; s. 22, ch. 71-186; s. 2, ch. 85-50.
Note.—Former s. 601.0105.
601.9907 Canned blended juice; standards; labeling.—No canned blend of orange and grapefruit juice shall be sold or offered for sale or shipped or offered for shipment which:
(1) Is prepared from mixed raw juice of oranges and grapefruit containing before the addition of any additive less than 8 percent total soluble solids;
(2) When canned, contains less than 9.5 percent total soluble solids;
(3) Has a ratio of total soluble solids to anhydrous citric acid of less than 8 to 1;
(4) Contains less than 0.65 percent or more than 1.80 percent anhydrous citric acid;
(5) Contains more than 0.040 percent recoverable oil; or
(6) Contains when mixed and before canning more or less than the percentage of orange juice determined by rule or regulation of the Department of Citrus required to be contained therein and does not meet requirements to be established by the Department of Citrus regarding color, absence of defects, taste and flavor; unless the immediate container thereof shall be labeled in accordance with regulations of the Department of Citrus, and there shall appear on such label the word “substandard” in bold type not less than 1/4 inch high printed or stamped diagonally thereon.
History.—s. 106, ch. 25149, 1949; s. 22, ch. 71-186.
Note.—Former s. 601.0106.
601.9908 Canned tangerine juice; standards; labeling.—No canned tangerine juice shall be sold or offered for sale or shipped or offered for shipment which:
(1) Is prepared from raw juice containing before the addition of any additive less than 9 percent total soluble solids;
(2) When canned, contains less than 10 percent total soluble solids; or
(3) Has a ratio of total soluble solids to anhydrous citric acid of less than 9 to 1;
(4) Contains less than 0.55 percent or more than 1.60 percent anhydrous citric acid;
(5) Contains more than 0.050 percent recoverable oil; or
(6) Does not meet requirements to be established by the Department of Citrus regarding color, absence of defects, taste, and flavor; unless the immediate container thereof shall be labeled in accordance with regulations of the Department of Citrus and there shall appear on such label the word “substandard” in bold type not less than 1/4 inch high printed or stamped diagonally thereon.
History.—s. 107, ch. 25149, 1949; s. 22, ch. 71-186.
Note.—Former s. 601.0107.
601.9909 Frozen concentrated orange juice; requirements; labeling.—Subject to the provisions of ss. 601.9913 and 601.9914, no frozen concentrated orange juice shall be sold, offered for sale, shipped, or offered for shipment which:
(1) Is concentrated to less than 41.8 or more than 47 degrees Brix. The Brix reading, if determined refractometrically, shall include corrections for citric acid.
(2) Has a lower ratio of total soluble solids to anhydrous citric acid of less than 12 to 1 or a higher ratio of total soluble solids to anhydrous citric acid than 19.5 to 1.
(3) Contains more than 0.120 milliliters of recoverable oil per 100 grams of concentrate.
(4) Contains any additives of any kind.
(5) Does not taste essentially the same as freshly expressed orange juice of similar quality and is not completely free of all fermented, cooked, terpeny, or other off-flavors; or does not meet all requirements of the rules of the Department of Citrus regarding color, absence of defects, taste, and flavor; unless the immediate container thereof shall be labeled in accordance with rules of the Department of Citrus, and there shall appear on such label the word “substandard” in bold type not less than 1/4 inch high printed or stamped diagonally thereon.
History.—s. 108, ch. 25149, 1949; s. 1, ch. 29759, 1955; s. 1, ch. 61-67; s. 22, ch. 71-186; s. 1, ch. 77-6; s. 161, ch. 79-164.
Note.—Former s. 601.0108.
601.9910 Legislative findings of fact; strict enforcement of maturity standard in public interest.—
(1) FINDINGS.—
(a) The Legislature finds and determines and so declares that, for many years past, the shipment of raw, immature citrus fruit, generally designated as “green fruit,” from the state to consuming markets has caused the loss of millions of dollars to the citrus growers of Florida; also has resulted in the lowering of the standard of living of many of its citizens; adversely affected the economic conditions of the entire state; reduced the receipts in the collection of ad valorem taxes, thereby reducing revenue needed by counties and cities; caused financial loss to the growers and shippers and processors who did not engage in the shipment of green fruit; and that such practice each year hurts the good name and reputation of all Florida citrus.
(b) The Legislature, after extensive hearings conducted annually, and after many hearings attended by its citrus committees at various citrus industry meetings throughout the citrus area; and after having had the advice and counsel of the best qualified and most expert technical advisers in the Florida citrus industry, and after having had the benefit of the advice of some of the most expert and best informed growers, shippers, and processors, and after having made a careful study of the reaction of all citrus fruits by reason of changes in climatic conditions, and having found that regardless of the color of an orange or the color of a grapefruit or regardless of the juice content of such fruit, finds such fruit may be immature and unfit for human consumption. It is also recognized by experts that there are certain factors entering into the maturity of fruit which are not now measurable by chemical tests. There is a change brought about by time and nature in the blending of solids and acids into juice which characterizes maturity but not in a manner susceptible to chemical determination. Because of this, it is scientifically sound that the minimum requirements for solids and the ratio of solids to anhydrous citric acid in determining maturity be relaxed as the season progresses and the raw, immature flavor characteristic of fruit early in the season has disappeared through the workings of time and nature. Therefore, the Legislature hereby finds and determines and so declares that, until nature has completed its process of removing the raw, immature flavor, such citrus fruit will still be immature and unfit for human consumption and, when marketed, will result in dissatisfied consumers who will cease purchasing Florida citrus for some time and will classify that fruit which they had purchased as “Florida green fruit.”
(c) The Legislature finds and determines and so declares that there is no better method of determining when such raw and immature flavor leaves Florida citrus than by the standards set forth in this chapter; and that experience has demonstrated over a period of many years, by the best available records and under various climatic conditions and various seasonal changes, that generally speaking prior to November 1 of each season oranges which do not have a total soluble solids of 9 percent with a minimum ratio of total soluble solids, as set forth in s. 601.20, still have a raw, immature flavor; and that, beginning on or about November 1 of each season, such raw, immature fruit flavor gradually disappears from the orange and by November 15 the same orange may have a still lower soluble solids percentage and not be immature; and after November 15 can still have a further lower soluble solids percentage without being immature; and by December 1 nature has completed its process of removing the raw, immature flavor which might have existed prior to that time, provided such fruit meets the other minimum maturity requirements set forth in this chapter. On December 1 oranges meeting the requirements of s. 601.19(4), while not being sufficiently mature to ship in fresh form, may be safely used in some processed products without the finished product having a raw, immature flavor. On December 1 grapefruit meeting the requirements of s. 601.16(4), while not being sufficiently mature to ship in fresh form, may be safely used in some processed products without the finished product having a raw, immature flavor.
(d) The Legislature finds and determines and so declares that the enforcement of the maturity standards, as set forth in this chapter, will not result in preventing any grower from marketing her or his fruit at some time during the marketing season, whenever nature has removed the raw, immature flavor; and, if there is a delay in such marketing, it will result in higher prices for the entire season, bringing additional millions of dollars to the growers of Florida and resulting in benefit to all growers, including the grower or growers who were delayed a short time in the shipment of their fruit.
(2) DECLARATION.—Therefore, the Legislature declares that the strict enforcement of the maturity standards, as set forth in this chapter, is definitely in the public’s interest and for the public’s welfare, and that no citrus should be shipped from Florida and sold in the consuming markets which has a raw, immature flavor, and which could be classed by the consuming public as “Florida green fruit.”
(3) REGULATIONS REGARDING MATURITY STANDARDS FOR HYBRIDS.—The Legislature finds and determines that classifications of and maturity standards for citrus hybrids should be established by regulations promulgated by the Department of Citrus pursuant to this chapter.
History.—s. 109, ch. 25149, 1949; s. 1, ch. 67-25; s. 21, ch. 71-186; s. 988, ch. 97-103.
Note.—Former s. 601.0109.
601.9911 Fruit may be sold or transported direct from producer.—Any citrus producer may transport her or his own citrus fruit or any citrus fruit may be sold or purchased and transported in interstate or intrastate commerce in truckload lots direct from a producer and any such fruit so sold, purchased, or transported need not be processed, handled by any packinghouse, washed, polished, graded, stamped, labeled, branded, placed in containers, or otherwise prepared for market as may be provided herein. Such fruit shall be certified at the time of inspection as tree run grade of fruit, but shall otherwise remain subject to the maturity standards and all other conditions, restrictions, emergency quality assurance orders, and other requirements of this chapter and shall be inspected for such compliance as all other fruit is inspected at such convenient locations as may be determined by the Department of Agriculture. Any such fruit violating any of the provisions of this chapter, or any rule or regulation of the Department of Citrus made pursuant to this chapter, but not inconsistent with this section, may be seized, condemned, and destroyed as provided herein. At the time of such inspection, all fees, assessments, and excise taxes provided in this chapter shall be paid and collected at the same rate as paid by all other fresh fruit growers or shippers.
History.—s. 1091/2, ch. 25149, 1949; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185; s. 22, ch. 71-186; s. 3, ch. 90-195; s. 989, ch. 97-103.
Note.—Former s. 601.0110.
601.9912 Penalties.—Any person violating any provisions of this chapter or of the rules or regulations of the Department of Citrus or the Department of Agriculture shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 112, ch. 25149, 1949; ss. 14, 35, ch. 69-106; s. 629, ch. 71-136; s. 7, ch. 71-185; s. 22, ch. 71-186.
Note.—Former s. 601.0111.
601.9913 High-density frozen concentrated orange juice; standards; labeling.—
(1) “High-density frozen concentrated orange juice” is frozen concentrated orange juice which has been concentrated to a density greater than 47 degrees Brix.
(2) All high-density frozen concentrated orange juice sold or shipped, or offered for sale or shipment, in retail or institutional size containers shall comply with all requirements applicable to frozen concentrated orange juice in retail or institutional size containers, except as to the density of the concentrated food. The percent by weight of orange juice soluble solids contained in the reconstituted food made from high-density frozen concentrated orange juice when the label directions for dilution are followed shall be the same as is prescribed by the Department of Citrus for frozen concentrated orange juice in retail or institutional size containers.
(3) The name of high-density frozen concentrated orange juice, when sold in retail or institutional size containers, is “frozen concentrated orange juice, plus 1,” the blank being filled in with the whole number showing the dilution ratio in conspicuous type consistent with the size of the container and in conjunction with the product name. Where the label bears directions for making one quart or multiples of a quart, the blank may be filled in with a number that includes a fraction. The term “dilution ratio” means the number of volumes of water per volume of high-density frozen concentrated orange juice prescribed by the label for reconstituting the food. The nomenclature requirements of this subsection shall not apply to containers for postmix dispenser use, or to retail containers designed solely for use in foreign countries, provided the labeling thereof contains mixing instructions adequate to inform the institution or the consumer of the correct dilution ratio.
(4) The name of high-density frozen concentrated orange juice, when sold in bulk size containers, is the name provided in subsection (3), or “frozen concentrated orange juice, Brix,” the blank being filled in with the number which expresses the percent by weight of orange juice soluble solids contained in the food, in conspicuous size and in conjunction with the product name.
(5) The compositional requirements applicable to high-density frozen concentrated orange juice sold in bulk size containers shall be prescribed by the Department of Citrus by rule.
(6) The definition of retail, institutional, and bulk size containers for high-density frozen concentrated orange juice shall be prescribed by the department by rule.
(7) All high-density frozen concentrated orange juice sold or shipped or offered for sale or shipment shall be inspected as provided by law or rule for the inspection of frozen concentrated orange juice, and all fees and taxes shall be paid in the manner and as provided by law or rule.
History.—ss. 1-3, ch. 57-25; s. 22, ch. 71-186; s. 1, ch. 77-7; s. 11, ch. 87-44.
Note.—Former s. 601.0114.
601.9914 Commission authorized to modify standards by rule.—
(1) The commission may modify by rule, within the limitations herein specified, the requirements of ss. 601.9905-601.9909 if the commission first, upon the affirmative vote of nine members, determines that the adoption of such rule is likely to further increase the acceptance and consumption by a substantial segment of the consuming public of the citrus product or products regulated by such proposed rule and that such increase in acceptance and consumption will be of substantial benefit to handlers and producers of citrus fruit.
(2) The requirements of ss. 601.9905-601.9909 may be modified by rule within the following limitations:
(a) The existing requirements with respect to minimum or maximum Brix or the existing requirements with respect to minimum percent of total soluble solids may be raised;
(b) The existing requirements with respect to minimum ratio of total soluble solids to anhydrous citric acid may be raised, and the requirements with respect to maximum ratio of total soluble solids to anhydrous citric acid may be raised or lowered;
(c) The existing requirements with respect to the minimum or maximum amount of percentage of recoverable oil may be raised or lowered; and
(d) The existing requirements with respect to the minimum or maximum percentage of anhydrous citric acid may be raised or lowered.
History.—s. 2, ch. 65-63; ss. 29, 35, ch. 69-106; s. 33, ch. 69-216; s. 22, ch. 71-186; s. 10, ch. 78-95; ss. 3, 4, ch. 78-323; s. 232, ch. 79-400; s. 1, ch. 81-6.
Note.—Former s. 601.01151.
601.9916 Addition of optional nutritive sweetening ingredients to concentrated orange juice; rules.—
(1) The Department of Citrus, upon the affirmative vote of not less than nine members of the commission, is authorized to issue permits for the processing, shipping, and sale of frozen concentrated orange juice or concentrated orange juice for manufacturing to which has been added any of the following optional nutritive sweetening ingredients: sugar, sugar syrup, and invert sugar syrup.
(2) Each processor to whom a permit is issued pursuant to this section shall comply with rules established by the Department of Citrus which rules shall provide that:
(a) Such product shall be inspected immediately prior to the addition of the optional sweetening ingredient and shall be reinspected promptly after the addition of the optional sweetening ingredient.
(b) If such product is to be stored, sold, or shipped in retail or institutional size containers of less than 1 gallon, it shall, when reconstituted according to label directions, contain not less than 12.8 percent by weight of orange juice soluble solids, exclusive of the weight of any added optional nutritive sweetening ingredient, and shall, each time it is inspected, fully conform to the rules and standards of the Department of Citrus applicable to frozen concentrated orange juice in retail or institutional size containers.
(c) If such product is to be stored, sold, or shipped in bulk containers of 1 gallon or larger, it shall contain not less than 47 percent by weight of orange juice soluble solids, exclusive of the solids of any added optional sweetening ingredient, and shall, when reconstituted according to label directions, contain not less than 11.8 percent by weight of orange juice soluble solids, exclusive of any added optional nutritive sweetening ingredient, and shall, each time it is inspected, fully conform to the rules and standards of the Department of Citrus applicable to concentrated orange juice for manufacturing.
(d) If any such product has been filled into bulk containers of 1 gallon or larger, it shall not thereafter be filled into retail or institutional size containers unless it fully conforms to the requirements of paragraph (b).
(e) The product shall conform to such labeling requirements as the Department of Citrus shall by rule prescribe.
(3) The privilege of processing any such product under a permit issued hereunder shall expire at the end of the shipping season for which such processing was authorized by such permit but may be renewed annually upon the affirmative vote of not less than nine members of the commission.
(4) In addition to the disciplinary action that may be taken by the Department of Agriculture against a citrus fruit dealer for violations of this chapter, the commission may temporarily suspend and may revoke any permit issued hereunder for any violation of the provisions of this section or of the rules promulgated hereunder.
History.—ss. 1, 2, ch. 67-19; ss. 1, 2, ch. 69-384; ss. 14, 35, ch. 69-106; s. 1, ch. 70-16; s. 1, ch. 70-439; s. 22, ch. 71-186; s. 1, ch. 75-11; s. 10, ch. 78-95.
Note.—Former s. 601.01171.
601.9918 Rules related to issuance and use of symbols.—In rules related to the issuance and voluntary use of symbols, certification marks, service marks, or trademarks, the commission may make general references to national or state requirements that the license applicant would be compelled to meet regardless of the department’s issuance of the license applied for.
History.—s. 1, ch. 98-41.
601.992 Collection of dues and other payments on behalf of certain nonprofit corporations engaged in market news and grower education.—The Florida Department of Citrus or the Department of Agriculture and Consumer Services or their successors may collect or compel the entities regulated by the department to collect dues, contributions, or any other financial payment upon request by, and on behalf of, any not-for-profit corporation, and its related not-for-profit corporations, located in this state which receives payments or dues from its members. Such not-for-profit corporation must be engaged, to the exclusion of agricultural commodities other than citrus, in market news and grower education solely for citrus growers, and must have at least 5,000 members who are engaged in growing citrus in this state for commercial sale. The department may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this section. The rules may establish indemnity requirements for the requesting corporation and for fees to be charged to the corporation which are sufficient but do not exceed the amount necessary to ensure that any direct costs incurred by the department in implementing this section are borne by the requesting corporation and not by the department.
History.—s. 39, ch. 2001-201; s. 53, ch. 2001-279; s. 9, ch. 2006-255; s. 17, ch. 2006-289.