ENROLLED
       2013 Legislature                                   CS for SB 298
       
       
       
       
       
       
                                                              2013298er
    1  
    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; requiring the repeal of certain rules
   10         adopted by the Department of Agriculture and Consumer
   11         Services; providing an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (d) of subsection (1) of section
   16  601.152, Florida Statutes, is amended to read:
   17         601.152 Special marketing orders.—
   18         (1)
   19         (d) Copies of the proposed marketing order shall be made
   20  available to the public at the offices of the department at
   21  Lakeland at least 5 days before such hearing and shall be in
   22  sufficient detail to apprise all persons having an interest
   23  therein of the approximate amount of moneys proposed to be
   24  expended; the assessments to be levied thereunder; and the
   25  general details of the proposed marketing order for a special
   26  marketing campaign of advertising or sales promotion or market
   27  or product research and development. Among the details so
   28  specified shall be the period of time during which the
   29  assessment imposed pursuant to subsection (8) will be levied
   30  upon the privilege so assessed, which period may not be greater
   31  than 2 years. The order may, however, provide that the
   32  expenditure of the funds received from the imposition of such
   33  assessments shall not be so confined but may be expended during
   34  such time or times as shall be specified in the proposed
   35  marketing order, which may be either during the shipping season
   36  immediately preceding the shipping seasons during which such
   37  assessments are imposed or during, or at any time subsequent to,
   38  the shipping seasons during which such assessments are imposed.
   39  This section does not prevent the imposition of a subsequent
   40  marketing order before, during, or after the expenditure of
   41  funds collected under a previously imposed marketing order,
   42  provided the aggregate of the assessments imposed may not exceed
   43  the maximum permitted under subsection (8).
   44         Section 2. Section 601.9918, Florida Statutes, is amended
   45  to read:
   46         601.9918 Rules related to issuance and use of symbols.—In
   47  rules related to the issuance and voluntary use of symbols,
   48  certification marks, service marks, or trademarks, the
   49  commission may make general references to national or state
   50  requirements that the license applicant would be compelled to
   51  meet regardless of the department’s Department of Agriculture’s
   52  issuance of the license applied for.
   53         Section 3. Section 601.992, Florida Statutes, is amended to
   54  read:
   55         601.992 Collection of dues and other payments on behalf of
   56  certain nonprofit corporations engaged in market news and grower
   57  education.—The Department of Citrus or the Department of
   58  Agriculture or their successors may collect or compel the
   59  entities regulated by the Department of Citrus Agriculture to
   60  collect dues, contributions, or any other financial payment upon
   61  request by, and on behalf of, any not-for-profit corporation and
   62  its related not-for-profit corporations located in this state
   63  that receive payments or dues from their members. Such not-for
   64  profit corporation must be engaged, to the exclusion of
   65  agricultural commodities other than citrus, in market news and
   66  grower education solely for citrus growers, and must have at
   67  least 5,000 members who are engaged in growing citrus in this
   68  state for commercial sale. The Department of Citrus Agriculture
   69  may adopt rules to administer this section. The rules may
   70  establish indemnity requirements for the requesting corporation
   71  and for fees to be charged to the corporation that are
   72  sufficient but do not exceed the amount necessary to ensure that
   73  any direct costs incurred by the Department of Citrus
   74  Agriculture in implementing this section are borne by the
   75  requesting corporation and not by the Department of Citrus
   76  Agriculture.
   77         Section 4. (1) The amendments made by this act to ss.
   78  601.9918 and 601.992, Florida Statutes, are remedial in nature
   79  and apply retroactively to July 1, 2012.
   80         (2)(a) Rules 20-109.005 and 20-112.003, Florida
   81  Administrative Code, adopted by the Department of Citrus to
   82  implement s. 601.9918, Florida Statutes, and rules 20-7.001, 20
   83  7.002, 20-7.003, 20-7.004, and 20-7.005, Florida Administrative
   84  Code, adopted by the Department of Citrus to implement s.
   85  601.992, Florida Statutes, all of which were in effect on July
   86  1, 2012, continue in effect as rules until modified pursuant to
   87  s. 120.54, Florida Statutes. This paragraph applies
   88  retroactively to July 1, 2012.
   89         (b) Rules adopted by the Department of Agriculture and
   90  Consumer Services to implement ss. 601.9918 or 601.992, Florida
   91  Statutes, between July 1, 2012, and the effective date of this
   92  act shall be repealed.
   93         Section 5. This act shall take effect upon becoming a law.