1999 Florida Code
TITLE XXXV AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY
Chapter 601 Florida Citrus Code  
601.154   Citrus Stabilization Act of Florida.

601.154  Citrus Stabilization Act of Florida.--

(1)  The purposes of this section are:

(a)  To enable producers of oranges (Citrus sinensis Osbeck), grapefruit (Citrus paradisi Macf.), tangerines (Citrus reticulata Blanco), or citrus hybrids regulated by the Department of Citrus in the State of Florida, which producers deliver or cause such oranges, grapefruit, tangerines, or citrus hybrids to be delivered into the primary channel of trade, with the aid and under the direction and control of the state, more effectively to correlate the supply of their oranges, grapefruit, tangerines, or citrus hybrids with market demands therefor.

(b)  To establish and maintain orderly marketing of oranges, grapefruit, tangerines, or citrus hybrids grown in Florida or the products thereof.

(c)  To provide methods and means for the development of new and larger markets for oranges, grapefruit, tangerines, or citrus hybrids grown in Florida, or the products thereof.

(d)  To eliminate or reduce economic waste in the production, handling, and marketing of oranges, grapefruit, tangerines, or citrus hybrids grown in Florida.

(e)  To restore and maintain adequate purchasing power for orange, grapefruit, tangerine, or citrus hybrid producers of Florida.

(f)  To conserve the agricultural wealth of the state.

(g)  To stabilize the production and marketing of oranges, grapefruit, tangerines, or citrus hybrids and products thereof in the Florida citrus industry, as the Legislature finds it will promote and protect the health, peace, safety, and general welfare of the people of this state, which in turn will promote the general welfare and social and political economy of this state.

(2)(a)  The Department of Citrus shall administer and enforce the provisions of this section. In order to effectuate the declared purposes of this section, the Department of Citrus is hereby authorized to issue, administer, and enforce the provisions of marketing orders hereunder in the way and manner hereinafter provided.

(b)  Whenever the commission has reason to believe that the issuance of a marketing order, or any amendment thereof after its issuance, will tend to effectuate the declared purposes of this section, it shall at a regular or special meeting of the commission, either upon its own motion or upon application of any producer or group or association of producers of oranges, grapefruit, tangerines, or citrus hybrids, provide for a public hearing upon a proposed marketing order or amendment thereof.

(c)  Due notice of any hearing called for such purpose shall be given by the commission by publishing notice one time of the time and place of such hearing in at least eight daily newspapers of wide circulation within the citrus producing area of the state to be selected by the commission. Such notice shall be so published not fewer than 7 days or more than 60 days prior to the date set for such hearing. A copy of the proposed marketing order or amendment thereto shall be available at the commission for examination or copying by any interested party on or before the date of publication of notice of hearing, and such notice shall so state. Such hearing shall be open to the public. All testimony shall be received under oath and a full and complete record of all proceedings at any such hearing shall be made and filed by the commission in its offices, which record signed by the chair of the commission and authenticated by the seal of the commission shall constitute prima facie evidence of such proceedings in all courts of the state.

(3)(a)  After such notice and hearing, the Department of Citrus may issue a marketing order or amendment as originally proposed or as the same may be modified based on evidence submitted at the hearing if it finds and sets forth in such marketing order or amendment that such order or amendment, as the case may be, will tend to:

1.  Return to producers of oranges, grapefruit, tangerines, or citrus hybrids in Florida at least average cost of production.

2.  Prevent the unreasonable or unnecessary waste of the wealth of the orange, grapefruit, tangerine, or citrus hybrid industry and of the economy of the state.

3.  Protect the interests of consumers of oranges, grapefruit, tangerines, or citrus hybrids and the products thereof.

(b)  In making the findings set forth in this subsection, the Department of Citrus shall take into consideration any and all relevant and material facts available to it, including but not limited to the following factors:

1.  The quantity and quality of oranges, grapefruit, tangerines, or citrus hybrids and products thereof available for sale and distribution.

2.  The quantity and quality of oranges, grapefruit, tangerines, or citrus hybrids and products thereof being purchased by consumers.

3.  The cost of producing oranges, grapefruit, tangerines, or citrus hybrids as determined by available records, statistics, and surveys.

4.  The level of prices of commodities which compete with Florida oranges, grapefruit, tangerines, or citrus hybrids and products thereof.

5.  The level of prices of commodities, services, and articles which orange, grapefruit, tangerine, or citrus hybrid producers and handlers commonly buy and utilize.

(4)(a)  Every marketing order issued pursuant to the provisions of this section shall provide for an advisory council to advise the Department of Citrus in the administration thereof. Two members of such advisory council shall be appointed by the commission chair, subject to commission concurrence, from each of the three citrus districts as defined in s. 601.09 from producer nominees submitted by producers on or before the date of the hearing provided for in subsection (2). To qualify for appointment, such producer nominees shall meet the same qualifications as those for grower members of the commission set forth in s. 601.04(1).

(b)  If the marketing order contains provisions authorized by paragraph (5)(c) or paragraph (5)(e) pertaining to processed citrus products, six additional members of such advisory council shall be appointed by the commission chair, subject to commission concurrence, from processor nominees, each of whom shall be experienced in and actively engaged in an executive capacity as an officer, employee, or owner of a corporation or other business unit engaged in processing the type of processed orange, grapefruit, tangerine, or citrus hybrid products to be purchased or marketed pursuant to the provisions of such marketing order, which processor nominees shall have been submitted by processors on or before the date of such hearing.

(c)  If the marketing order contains provisions authorized by paragraph (5)(b) or paragraph (5)(e) pertaining to fresh citrus fruits, six additional members of such advisory council shall be appointed by the commission chair, subject to commission concurrence, from shipper nominees, each of whom shall be experienced in and actively engaged in an executive capacity as an officer, employee, or owner of a corporation or other business unit engaged in shipping fresh oranges, grapefruit, tangerines, or citrus hybrids to be purchased or marketed pursuant to the provisions of such marketing order, which fresh fruit shipper nominees shall have been submitted by fresh fruit shippers on or before the date of such hearing.

(d)  Members appointed pursuant to paragraph (a), paragraph (b), or paragraph (c) shall initially include two such members appointed for 4-year terms and two such members appointed for 2-year terms. Thereafter, members shall be appointed for 4-year terms. An appointment to fill a vacancy shall be for the remainder of the unexpired term. Upon expiration of the terms of members of existing advisory councils created pursuant to this section, members shall be appointed for 4-year terms.

(e)  The advisory council shall elect annually a chair, a vice chair, and a secretary. The advisory council shall meet at the call of its chair, at the request of a majority of its membership, at the request of the department, or at such times as may be prescribed by its rules of procedure. A complete record of the proceedings of each meeting shall be kept, which shall show the names of the members present and the actions taken.

(f)  The Department of Citrus may, if it sees fit, appoint one or more advisory committees to advise the department in the administration of each marketing order created pursuant to this section. The majority of the members of any such advisory committee or committees shall be producers.

(g)  No member of the advisory council or advisory committees shall receive a salary, but each member of the advisory council shall be entitled to reimbursement for per diem and travel expenses as provided in s. 112.061.

(h)  The Department of Citrus may employ necessary personnel, including those performing or furnishing professional or technical services, fix their compensation and terms of employment, and may incur such expenses to be paid from moneys collected as hereinafter provided as the Department of Citrus may deem necessary to perform properly such of its duties and those of the advisory council as are authorized herein. The duties of such advisory council shall include the following:

1.  To recommend to the Department of Citrus administrative rules and regulations relating to the marketing order. With respect to rules and regulations relating to the provisions of paragraph (5)(c) or paragraph (5)(e), the same may be adopted by the Department of Citrus only upon the recommendation of the advisory council by a vote of both a majority of the producer members and a majority of the processor members of such advisory council. With respect to rules and regulations relating to paragraph (5)(b), the same may be adopted by the Department of Citrus only upon the recommendation of the advisory council by a vote of both a majority of the producer members and a majority of the fresh orange, grapefruit, tangerine, or citrus hybrid shipper members of such advisory council.

2.  To receive and report to the Department of Citrus any and all complaints with respect to alleged violations of the marketing order and rules and regulations thereunder.

3.  To recommend to the Department of Citrus amendments to the marketing order and request a public hearing and referendum thereon.

4.  To advise the Department of Citrus in the assessment and the collection of funds hereunder.

5.  To advise the Department of Citrus in the collection of such necessary information and data as the Department of Citrus may deem necessary to the proper administration of this section.

(5)  Subject to the legislative restrictions and limitations set forth herein, any marketing order issued by the Department of Citrus pursuant to this section may contain one or more of the following provisions relating to oranges, grapefruit, tangerines, or citrus hybrids, or products thereof, produced within this state, but no others:

(a)  Provisions for determining, or providing methods for determining, the present and future existence and extent of the supply of oranges, grapefruit, tangerines, or citrus hybrids or products thereof.

(b)  Provisions authorizing the imposition of quality standards for oranges, grapefruit, tangerines, or citrus hybrids, fixing the minimum ratios of total soluble solids of the juice of such oranges, grapefruit, tangerines, or citrus hybrids to the anhydrous citric acid thereof or the minimum total soluble solids of the juice thereof or both at levels higher than those provided in s. 601.20(1)-(31) or s. 601.17, or in the Department of Citrus rules governing the same.

(c)  Provisions for the establishment of a reserve pool of frozen concentrated orange or grapefruit juice or any other type of processed orange or grapefruit product which can be stored without expectation of significant quality loss for a period of not less than 20 years, for disposition following serious freezes, hurricanes, or other catastrophes which result in a shortage of oranges or grapefruit or processed orange or grapefruit products as hereinafter provided, and for the renting or leasing of facilities for the storage thereof.

(d)  Provisions for the establishing of assessments as hereinafter provided on producers, or associations of producers, to provide funds for the formulation, issuance, administration, operation, and enforcement of any marketing order promulgated hereunder.

(e)  Provisions for underwriting or subsidizing the development or expansion of markets for oranges, grapefruit, tangerines, or citrus hybrids, or the products thereof.

(f)  Provisions for the borrowing of money by the Department of Citrus to effectuate the particular marketing order.

(g)  Provisions for the establishment of such plans or programs for advertising, merchandising, and sales promotion to create new or larger domestic or foreign markets for oranges, grapefruit, tangerines, or citrus hybrids grown in the state and the processed products and byproducts thereof as circumstances may warrant.

(h)  Provisions incidental to and not inconsistent with the foregoing provisions.

(6)(a)  No marketing order, or amendment thereto, issued pursuant to this section shall become effective unless and until the Department of Citrus finds that such order has been assented to in writing by at least 65 percent of the producers voting in a referendum on the marketing order. The marketing order must also be consented to in writing by producers voting in the referendum who, during a preceding representative shipping season determined by the Department of Citrus, produced and delivered or caused to be delivered into the primary channel of trade not less than 65 percent of the total number of standard-packed boxes of oranges, grapefruit, tangerines, or citrus hybrids, or the equivalent thereof which were found by the Department of Citrus to have been produced and delivered by such voting producers into the primary channel of trade during such representative period.

(b)  No marketing order or amendment thereto issued pursuant to this section which contains provisions authorized by paragraph (5)(c) or paragraph (5)(e) pertaining to processed citrus products shall become effective unless and until such order has also been submitted to processors who, during a preceding representative shipping season determined by the Department of Citrus, handled in the primary channel of trade the type or types of processed orange, grapefruit, tangerine, or citrus hybrid products specified for purchase or marketing by the provisions of such marketing order, and the Department of Citrus finds that such order has been assented to in writing by at least 51 percent of such processors voting in such referendum who processed, from oranges, grapefruit, tangerines, or citrus hybrids delivered into the primary channels of trade during such representative period, not less than 65 percent of the number of gallons of such processed orange, grapefruit, tangerine, or citrus hybrid products, expressed on a single-strength basis, so processed by such voting processors from oranges, grapefruit, tangerines, or citrus hybrids delivered into the primary channel of trade during such representative period.

(c)  No marketing order or amendment thereto issued pursuant to this section which contains provisions authorized by paragraph (5)(b) or paragraph (5)(e) pertaining to fresh citrus fruit shall become effective unless and until such order has also been submitted to shippers of fresh oranges, grapefruit, tangerines, or citrus hybrids who, during a preceding representative shipping season determined by the Department of Citrus, handled oranges, grapefruit, tangerines, or citrus hybrids in the primary channel of trade, and the Department of Citrus finds that such order has been assented to in writing by at least 51 percent of such shippers of fresh oranges, grapefruit, tangerines, or citrus hybrids voting in such referendum who, during such representative period, handled in the primary channel of trade not less than 65 percent of the number of standard-packed boxes of such oranges, grapefruit, tangerines, or citrus hybrids handled by such voting shippers of fresh oranges, grapefruit, tangerines, or citrus hybrids in the primary channel of trade during such representative period.

(7)  The Department of Citrus is authorized to prescribe by rule or regulation such procedures as it deems necessary or required to properly conduct a referendum hereunder.

(8)  Every marketing order and amendment thereto issued by the Department of Citrus, under the provisions of this section, shall be published one time, within 10 days after the same is adopted, in at least one daily newspaper of general circulation in each of two cities within the citrus-producing area of the state, to be selected by the Department of Citrus. All such orders shall become effective 5 days after the orders are found by the Department of Citrus to be so assented to, unless the Department of Citrus orders a later date. In case written protest by any affected person shall be made to any such order within 15 days after the Department of Citrus has found it so assented to, a hearing shall be conducted at a place and time determined by the Department of Citrus or its authorized agent or representative; all interested persons shall have an opportunity to be heard. Due notice of the time and place of such hearing by the Department of Citrus or its designated agent, representative, or administrative law judge shall be given to the persons making such protest. In all cases such written protests shall be filed with the Department of Citrus; however, the filing thereof shall not stay the effective date of such order. The Department of Citrus may, on application of the protestant and for good cause shown, stay the effective date of the order for such time as the Department of Citrus may direct. Any action of the Department of Citrus refusing to modify the order protested or refusing to stay the effective date of such order shall be subject to review by any court of competent jurisdiction.

(9)  For the purpose of carrying out any and all provisions of this section, the commission, or its duly authorized or designated representative or representatives, may hold hearings, take testimony, and administer oaths and may, after any marketing order has become final, subpoena witnesses and issue subpoenas for the production of books, records, or documents relevant and material to the marketing order. 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 commission, shall be prima facie evidence thereof in all the courts of the state.

(10)(a)  The Department of Citrus shall suspend or terminate any marketing order, or any provision thereof, whenever it finds such order or provision does not tend to effectuate the declared purposes of this section within the standards and subject to the limitations and restrictions herein imposed. Such suspension or termination shall not be effective until the expiration of the then-current marketing, shipping, or harvesting season, unless otherwise provided in any such marketing order.

(b)  If the Department of Citrus finds that the termination or suspension of any marketing order is requested in writing by producers who produced for market during the last preceding shipping season more than 51 percent of the total standard-packed boxes of the variety of citrus fruit covered by the marketing order, the Department of Citrus shall terminate or suspend for a specified period such marketing order or provision thereof.

(11)  Upon the issuance of any order of suspension or termination of any marketing order, a notice thereof shall be published one time in at least one daily newspaper of general circulation in each of two cities within the citrus-producing area of the state to be selected by the Department of Citrus. No order of suspension or termination shall become effective until the expiration of a period of 5 days from the date of such publication.

(12)  For the privilege of delivering the variety of citrus fruit covered by a marketing order into the primary channel of trade, every person so engaged shall pay to the Department of Citrus an assessment specified in the marketing order. However, the aggregate of all assessments levied against any variety of citrus fruit with respect to one or more marketing orders shall not exceed 10 cents per standard-packed box or the equivalent thereof with respect to any shipping season in which such marketing order or orders are in effect. The Department of Citrus shall prescribe rules and regulations with respect to the assessment and collection of such funds.

(13)(a)  Every handler, producer, or other person delivering oranges, grapefruit, tangerines, or citrus hybrids to any handler or other person shall keep a complete and accurate record of all oranges, grapefruit, tangerines, or citrus hybrids handled by her or him. Such record shall be in such form and contain such information as the Department of Citrus shall by rule or regulation prescribe. Such records shall be preserved by all such persons for a period of at least 1 year after the termination of the marketing order to which such records relate and shall be offered for inspection at any time upon oral or written demand by the Department of Citrus or its duly authorized agent or representative.

(b)  Every handler shall, at such times as the Department of Citrus may by rule or regulation require, file with the Department of Citrus a return on forms to be prescribed and furnished by the Department of Citrus certifying the number of standard-packed boxes of the variety of citrus fruit covered by a marketing order handled by her or him in the primary channel of trade during the period of time prescribed by the Department of Citrus.

(c)  All assessments levied and imposed under and pursuant to the provisions of this section shall be due and payable and shall be paid, or the amount thereof provided for and guaranteed as hereinafter provided, at such times and in such installments as the Department of Citrus shall by regulation prescribe. All such assessments shall be paid by the producer or other person delivering the oranges, grapefruit, tangerines, or citrus hybrids into the primary channel of trade. However, the handler who receives the citrus fruit in the primary channel of trade shall not be construed to be the person delivering the citrus fruit into the primary channel of trade, except when such handler and the producer are one and the same person. Such assessments shall be collected from the producer or other person delivering the oranges, grapefruit, tangerines, or citrus hybrids into the primary channel of trade by the handler first handling the citrus fruit in the primary channel of trade and shall be guaranteed and transmitted to the Department of Citrus by the handler so shipping or processing such citrus fruit by the giving of a security bond or cash deposit under rules and regulations promulgated by the Department of Citrus. Such assessments shall not be absorbed by the handler, unless the handler is one and the same person as the producer, but shall be deducted by the handler from the price paid or to be paid by the handler to the producer or other person who delivered the citrus fruit into the primary channel of trade.

(14)(a)  All money so collected by the Department of Citrus under this section, including the net proceeds received by the Department of Citrus from the sale of any processed orange product pursuant to paragraph (5)(c), shall be set aside in the Florida Citrus Advertising Trust Fund as a special fund to be known as the "Citrus Stabilization 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 payment of the actual expenses incurred by the Department of Citrus in the formulation, issuance, administration, enforcement, and operation of the marketing order pursuant to which such funds are so collected, except as hereinafter provided. The marketing order may provide that any moneys remaining in such fund upon the termination of a marketing order shall be refunded on a pro rata basis to all persons assessed pursuant to such marketing order; may provide that such moneys may be used to pay expenses incurred by the Department of Citrus in the formulation, issuance, administration, enforcement, and operation of any other marketing order issued pursuant to this chapter; or may provide that such moneys may be deposited to and made a part of the Citrus Advertising Trust Fund created by s. 601.15. During the administration, enforcement, and operation of any marketing order adopted hereunder, if the commission determines that funds derived pursuant to that marketing order exceed the requirements for the desired operation of that marketing order, it may transfer such funds as it determines by its vote are excess to the Florida Citrus Advertising Trust Fund established by s. 601.15. Such transfer shall be for the purposes of advertising and promoting, including brand advertising rebate promotions, merchandising and research in regard to the particular form of citrus fruit or processed citrus product for which the funds were collected pursuant to the marketing order. The commission may also transfer any excess for the purpose of the formulation, issuance, administrative enforcement, or operation of any other marketing order adopted hereunder that is directed to the same form of citrus fruit or processed citrus product. No such transfer shall be accomplished without a public hearing and a subsequent referendum being conducted to approve such a transfer. If, after any such transfer of excess funds, it is subsequently determined that additional funds are needed for the administration, enforcement, and operation of the marketing order from which funds were transferred, and there are sufficient funds available in the fund which was the recipient of the funds transferred, the commission, upon an affirmative vote of nine of its members, may retransfer, from the recipient fund to the original fund, an amount not to exceed that originally transferred.

(b)  If the commission finds it necessary to do so, it may transfer to the Citrus Stabilization Fund from the Florida Citrus Advertising Trust Fund created in this chapter only such sum of money as the commission determines is required to formulate and issue any such marketing order until moneys in the Citrus Stabilization Fund derived from assessments imposed and collected pursuant to this section are sufficient to finance the administration, enforcement, and operation of such marketing order and to replace such transferred funds.

(15)(a)  Any marketing order which contains provisions authorized by paragraph (5)(c) shall include provisions specifying:

1.  The type and form of processed orange or grapefruit product proposed to be purchased, stored, and sold.

2.  The maximum price at which the processed orange or grapefruit product to be pooled may be purchased or the criteria to be used in computing such maximum price.

3.  The criteria to be used in determining whether a freeze, hurricane, or other catastrophe which results in a shortage of oranges or grapefruit or processed orange or grapefruit products is sufficiently serious to justify the sale of all or part of the processed orange or grapefruit products then held in the reserve pool.

4.  The minimum price at which the pooled processed orange or grapefruit product will be sold after a determination pursuant to subparagraph 3., or the criteria to be used in computing such minimum price.

5.  The criteria to be used in determining upon what basis or allocation, or both, and upon what time schedule the pooled processed orange or grapefruit product may be sold to Florida processors of processed orange or grapefruit products after a determination pursuant to subparagraph 3.

6.  The quality standards to which the processed orange or grapefruit product to be pooled will be required to conform.

7.  The criteria for determining at what level the quantity of processed orange or grapefruit products in the reserve pool will be sufficient to accomplish the purposes intended.

8.  The criteria to be used in determining to what limited extent processed orange or grapefruit products held in such reserve pool may be sold to defray costs of storage at such times when no other funds are available for such purpose.

(b)  Notwithstanding any other provision of this section, the provisions of any marketing order authorized by paragraph (5)(c) may not, under any circumstances, be suspended, terminated, or amended within 12 months following a catastrophe which, under the criteria established pursuant to subparagraph (a)3., is sufficiently serious to justify the sale of all or part of the processed citrus products then held in the reserve pool.

(16)  Any person who violates any provision of this section, any provision of any marketing order, or any rule or regulation of the Department of Citrus relating thereto is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(17)  The several circuit courts of the state are hereby vested with jurisdiction specifically to enforce and to enjoin and restrain any person from violating any provisions of this section, or of any marketing order, rules, or regulations duly issued by the Department of Citrus hereunder, in any proceeding brought by the Department of Citrus in any of the circuit courts; and in any such proceeding it shall not be necessary for the Department of Citrus to post any bond or to allege or prove that an adequate remedy at law does not exist. A circuit court may issue a temporary restraining order and preliminary injunction, as in other actions for injunctive relief, and, upon final hearing, if the final decree is in favor of the Department of Citrus, the court shall permanently enjoin the defendant or defendants from further violations, and any such final decree in favor of the Department of Citrus shall provide that the defendant or defendants pay it reasonable costs of such suit, including reasonable attorney's fees. Any such action may be commenced either in the county where the defendant resides, or in the county where any other defendant resides, if more than one defendant, or in the county where any act or omission, or part thereof, complained of occurred.

(18)  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.

(19)  Nothing herein shall be construed to authorize the Department of Citrus in any manner to fix prices of citrus.

History.--ss. 1, 2, 4, ch. 67-220; s. 623, ch. 71-136; s. 22, ch. 71-186; s. 156A, ch. 71-355; s. 2, ch. 74-85; s. 1, ch. 77-3; s. 4, ch. 78-323; ss. 1, 2, 3, ch. 81-72; ss. 1, 4, ch. 82-46; s. 2, ch. 83-265; s. 13, ch. 83-339; s. 3, ch. 87-44; ss. 1, 2, 3, ch. 88-56; s. 3, ch. 90-127; s. 71, ch. 91-220; s. 5, ch. 91-429; s. 12, ch. 92-4; s. 2, ch. 92-43; s. 257, ch. 96-410; s. 1194, ch. 97-103.