Florida Senate - 2013                                     SB 298
       
       
       
       By Senator Brandes
       
       
       
       
       22-00581A-13                                           2013298__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Citrus; amending
    3         s. 601.152, F.S.; deleting an obsolete reference;
    4         amending ss. 601.9918 and 601.992, F.S.; reverting
    5         certain references to the Department of Citrus that
    6         were changed to references to the Department of
    7         Agriculture and Consumer Services by chapter 2012-182,
    8         Laws of Florida; providing for retroactive
    9         application; providing for the transfer of certain
   10         rules of the Department of Agriculture and Consumer
   11         Services to the Department of Citrus; providing for
   12         retroactive application of such rules; providing an
   13         effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraph (d) of subsection (1) of section
   18  601.152, Florida Statutes, is amended to read:
   19         601.152 Special marketing orders.—
   20         (1)
   21         (d) Copies of the proposed marketing order shall be made
   22  available to the public at the offices of the department at
   23  Lakeland at least 5 days before such hearing and shall be in
   24  sufficient detail to apprise all persons having an interest
   25  therein of the approximate amount of moneys proposed to be
   26  expended; the assessments to be levied thereunder; and the
   27  general details of the proposed marketing order for a special
   28  marketing campaign of advertising or sales promotion or market
   29  or product research and development. Among the details so
   30  specified shall be the period of time during which the
   31  assessment imposed pursuant to subsection (8) will be levied
   32  upon the privilege so assessed, which period may not be greater
   33  than 2 years. The order may, however, provide that the
   34  expenditure of the funds received from the imposition of such
   35  assessments shall not be so confined but may be expended during
   36  such time or times as shall be specified in the proposed
   37  marketing order, which may be either during the shipping season
   38  immediately preceding the shipping seasons during which such
   39  assessments are imposed or during, or at any time subsequent to,
   40  the shipping seasons during which such assessments are imposed.
   41  This section does not prevent the imposition of a subsequent
   42  marketing order before, during, or after the expenditure of
   43  funds collected under a previously imposed marketing order,
   44  provided the aggregate of the assessments imposed may not exceed
   45  the maximum permitted under subsection (8).
   46         Section 2. Section 601.9918, Florida Statutes, is amended
   47  to read:
   48         601.9918 Rules related to issuance and use of symbols.—In
   49  rules related to the issuance and voluntary use of symbols,
   50  certification marks, service marks, or trademarks, the
   51  commission may make general references to national or state
   52  requirements that the license applicant would be compelled to
   53  meet regardless of the department’s Department of Agriculture’s
   54  issuance of the license applied for.
   55         Section 3. Section 601.992, Florida Statutes, is amended to
   56  read:
   57         601.992 Collection of dues and other payments on behalf of
   58  certain nonprofit corporations engaged in market news and grower
   59  education.—The Department of Citrus or the Department of
   60  Agriculture or their successors may collect or compel the
   61  entities regulated by the Department of Citrus Agriculture to
   62  collect dues, contributions, or any other financial payment upon
   63  request by, and on behalf of, any not-for-profit corporation and
   64  its related not-for-profit corporations located in this state
   65  that receive payments or dues from their members. Such not-for
   66  profit corporation must be engaged, to the exclusion of
   67  agricultural commodities other than citrus, in market news and
   68  grower education solely for citrus growers, and must have at
   69  least 5,000 members who are engaged in growing citrus in this
   70  state for commercial sale. The Department of Citrus Agriculture
   71  may adopt rules to administer this section. The rules may
   72  establish indemnity requirements for the requesting corporation
   73  and for fees to be charged to the corporation that are
   74  sufficient but do not exceed the amount necessary to ensure that
   75  any direct costs incurred by the Department of Citrus
   76  Agriculture in implementing this section are borne by the
   77  requesting corporation and not by the Department of Citrus
   78  Agriculture.
   79         Section 4. (1) The amendments made by this act to ss.
   80  601.9918 and 601.992, Florida Statutes, are remedial in nature
   81  and apply retroactively to the effective date of ss. 74 and 75
   82  of chapter 2012-182, Laws of Florida.
   83         (2) Rules adopted by the Department of Citrus to implement
   84  s. 601.992, Florida Statutes, which were in effect upon the
   85  effective date of s. 75 of chapter 2012-182, Laws of Florida, if
   86  transferred to the Department of Agriculture and Consumer
   87  Services are transferred by a type two transfer, as defined in
   88  s. 20.06(2), Florida Statutes, to the Department of Citrus and
   89  shall apply retroactively to the effective date of s. 75 of
   90  chapter 2012-182, Laws of Florida.
   91         (3) Rules adopted by the Department of Agriculture and
   92  Consumer Services on or after the effective date of s. 75 of
   93  chapter 2012-182, Laws of Florida, to implement s. 601.992,
   94  Florida Statutes, if any, are transferred by a type two
   95  transfer, as defined in s. 20.06(2), Florida Statutes, to the
   96  Department of Citrus.
   97         Section 5. This act shall take effect upon becoming a law.