Florida 2022 Regular Session Status: In Committee 1 R cosponsors

SB 1002 — Florida Citrus

Last action — Laid on Table, companion bill(s) passed, see CS/HB 1097 (Ch. 2022-117)

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Florida Citrus; Citing this act as the "Citrus Recovery Act"; revising the membership of the Florida Citrus Commission; increasing the number of citrus districts in this state and revising the counties that comprise each district; requiring certain entities to provide reports on citrus production research to the commission at specified intervals and upon request of the commission; requiring that new varieties of citrus fruit produced from research or studies funded by state funds be made exclusively available for licensing and commercialization to the Department of Citrus or its designee for a specified timeframe, etc.

Bill Text

What changed in the latest version

234 added · 227 removed

234 line(s) added, 227 removed.

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Florida Senate - 2022 SB 1002 By Senator Burgess 20-00784-22 20221002__ A bill to be entitled An act relating to Florida citrus;
Florida Senate - 2022 CS for SB 1002 By the Committee on Community Affairs;
and Senator Burgess 578-02647-22 20221002c1 A bill to be entitled An act relating to Florida citrus;
requiring that new varieties of citrus fruit produced from research or studies funded by state funds be made exclusively available for licensing and purchase to certain Florida producers for a specified timeframe;
requiring that new varieties of citrus fruit produced from research or studies funded by state funds be made exclusively available for licensing and commercialization to the Department of Citrus or its designee for a specified timeframe;
requiring producers who receive such exclusivity to retain the exclusivity for a specified timeframe;
amending s.
providing pricing requirements for such arrangements;
601.992, F.S.;
revising eligibility requirements for not-for-profit corporations that may be required to collect certain payments from their members;
600.051(1), F.S., relating to marketing agreements and the powers of the Department of Citrus, to incorporate the amendment made to s.
600.051(1), F.S., relating to marketing agreements and the powers of the department, to incorporate the amendment made to s.
reenacting ss.
reenacting s.
601.10(8)(c) and 601.15(7)(b), F.S., relating to powers of the department and the use of moneys in the Florida Citrus Advertising Trust Fund, respectively, to incorporate the amendment made to s.
601.15(7)(b), F.S., relating to the use of moneys in the Florida Citrus Advertising Trust Fund, to incorporate the amendment made to s.
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601.13, F.S., in references thereto;
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Florida Senate - 2022 SB 1002 20-00784-22 20221002__ 601.13, F.S., in references thereto;
Florida Senate - 2022 CS for SB 1002 578-02647-22 20221002c1 providing an effective date.
providing an effective date.
as the owner Page 2 of 10 CODING:
as the owner of, or as stockholder of, a corporation;
or as a member of a Page 2 of 11 CODING:
Florida Senate - 2022 SB 1002 20-00784-22 20221002__ of, or as stockholder of, a corporation;
Florida Senate - 2022 CS for SB 1002 578-02647-22 20221002c1 firm or partnership primarily engaged in citrus growing.
or as a member of a firm or partnership primarily engaged in citrus growing.
601.091.
601.091(2).
(2)(a) One grower member Three commission members shall be Page 3 of 10 CODING:
(2)(a) One grower member Three commission members shall be appointed from each of the three citrus districts designated in Page 3 of 11 CODING:
Florida Senate - 2022 SB 1002 20-00784-22 20221002__ appointed from each of the three citrus districts designated in s.
Florida Senate - 2022 CS for SB 1002 578-02647-22 20221002c1 s.
Each such member must be a grower with a citrus producing area between 250 and 5,000 acres Members appointed from the same citrus district shall serve staggered terms, such that the term of one of the district’s three members expires each year.
Members appointed from the same citrus district shall serve staggered terms, such that the term of one of the district’s three members expires each year.
The terms term of two grower members and one processor member one member from each citrus district shall expire June 30, 2022 2012, and their successors her or his successor shall be appointed to terms a term beginning July 1, 2022 2012, and expiring May 31, 2025 2015.
The terms term of two grower members and one packer member one member from each citrus district shall expire June 30, 2022 2012, and their successors her or his successor shall be appointed to terms a term beginning July 1, 2022 2012, and expiring May 31, 2025 2015.
The terms term of two grower members and two processor members one member from each citrus district shall expire June 30, 2023 2013, and their successors her or his successor shall be appointed to terms a term beginning July 1, 2023 2013, and expiring May 31, 2026 2016.
The terms term of two grower members and one processor member one member from each citrus district shall expire June 30, 2023 2013, and their successors her or his successor shall be appointed to terms a term beginning July 1, 2023 2013, and expiring May 31, 2026 2016.
The terms term of three grower members and one packer member one member from each citrus district shall expire June 30, 2024 2014, and their successors her or his successor shall Page 4 of 10 CODING:
The terms term of two grower members and one processor member one member from each citrus district shall expire June 30, 2024 2014, and their successors her or his successor shall be appointed to terms a term beginning July 1, 2024 2014, and ending May 31, 2027 2017.
4.
One grower member and one processor member shall be Page 4 of 11 CODING:
Florida Senate - 2022 SB 1002 20-00784-22 20221002__ be appointed to terms a term beginning July 1, 2024 2014, and ending May 31, 2027 2017.
Florida Senate - 2022 CS for SB 1002 578-02647-22 20221002c1 appointed on or after July 1, 2022, with terms ending May 31, 2025.
4.
5.
(e)(d) When making an appointment to the commission, the Page 5 of 10 CODING:
(e)(d) When making an appointment to the commission, the Page 5 of 11 CODING:
Florida Senate - 2022 SB 1002 20-00784-22 20221002__ Governor shall announce the district, classification, and term of the person appointed.
Florida Senate - 2022 CS for SB 1002 578-02647-22 20221002c1 Governor shall announce the district, classification, and term of the person appointed.
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Florida Senate - 2022 SB 1002 20-00784-22 20221002__ (e) Citrus District Five:
Florida Senate - 2022 CS for SB 1002 578-02647-22 20221002c1 (e) Citrus District Five:
appropriation.— (3) An entity that expends funds received from the State Treasury on citrus production research conducted pursuant to chapter 573, as recommended by the Citrus Research and Development Foundation, Inc., or conducted through contract with the department shall deliver a report that includes all of the following information to the commission biannually and at the request of the commission:
appropriation.— (3) An entity that solicits research proposals and awards funding for those proposals expending funds received from the State Treasury on citrus production research conducted pursuant to chapter 573, as recommended by the Citrus Research and Development Foundation, Inc., or conducted through contract with the department shall deliver a report that includes all of the following information to the commission biannually and at the request of the commission:
(b) The financial status of the projects.
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Florida Senate - 2022 SB 1002 20-00784-22 20221002__ (c) Current findings of the funded research.
Florida Senate - 2022 CS for SB 1002 578-02647-22 20221002c1 (b) The financial status of the projects.
(c) Current findings of the funded research.
(4) Before being released for sale to the general public, any new variety of citrus fruit which is developed as a result of any research or study accomplished using funds from the State Treasury must be made available:
(4) Before being released for sale to the general public, any new variety of citrus fruit which is developed as a result of any research or study accomplished using any percentage of funds from the State Treasury as well as any technology that enhances the marketability of new or current citrus varieties must be made available as a first option for licensing and commercialization for a period of 90 days, under commercially reasonable terms, exclusively to the Florida Department of Citrus or its designee.
(a) For licensing and purchase for a period of 90 days exclusively to any Florida not-for-profit corporation that is a producer engaged, excluding engagement in agricultural commodities other than citrus, in citrus rootstock or scion breeding, research, or licensing, by agreement with a state land grant university, the department, the Department of Agriculture and Consumer Services, or the United States Department of Agriculture.
If the Florida Department of Citrus or its designee exercises such exclusive license, the Florida Citrus Commission may retain the exclusivity for up to 8 years after the date of execution.
If a producer exercises such exclusive availability, the producer must retain the exclusivity for 8 years after the date of execution.
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(b) At the 5-year rolling average cost of citrus bud or grafting material available to Florida producers, including a development incentive that does not exceed 10 percent of the 5- year average.
For the purpose of incorporating the amendment made by this act to section 601.09, Florida Statutes, in a reference thereto, subsection (1) of section 600.051, Florida Statutes, is reenacted to read:
Section 601.992, Florida Statutes, is amended to read:
600.051 Marketing agreements;
601.992 Collection of dues and other payments on behalf of certain nonprofit corporations engaged in market news and grower education.—The Department of Citrus or the Department of Agriculture or their successors may collect or compel the entities regulated by the Department of Citrus 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 that receive payments or dues from their members.
powers of department.— (1) In order to effectuate the declared policy and purposes Page 8 of 10 CODING:
Such not-for-profit Page 8 of 11 CODING:
Florida Senate - 2022 SB 1002 20-00784-22 20221002__ of this act, the department shall have the power to enter into, administer, and enforce marketing agreements with handlers and distributors engaged in any one or more of the citrus districts established in and by s.
Florida Senate - 2022 CS for SB 1002 578-02647-22 20221002c1 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 2,500 5,000 members who are engaged in growing citrus in this state for commercial sale.
601.09, in the handling and distributing of citrus fruit in fresh fruit form or any variety or varieties, grade, size, or quality thereof, regulating the handling of such citrus fruit in the way and manner and to the extent therein prescribed and agreed upon, which said marketing agreements shall be binding only upon the signatories thereto exclusively.
The Department of Citrus may adopt rules to administer this section.
The execution of any such marketing agreement shall in no manner affect the issuance, administration, or enforcement of any marketing order otherwise provided for by chapter 601, and any marketing agreement executed hereunder shall be ineffective to the extent that it is in conflict with any rule, regulation, marketing order, or marketing agreement under any federal law relating to the handling of citrus fruit grown in Florida.
The rules may establish indemnity requirements for the requesting corporation and for fees to be charged to the corporation that are sufficient but do not exceed the amount necessary to ensure that any direct costs incurred by the Department of Citrus in implementing this section are borne by the requesting corporation and not by the Department of Citrus.
For the purpose of incorporating the amendment made by this act to section 601.13, Florida Statutes, in a reference thereto, paragraph (c) of subsection (8) of section 601.10, Florida Statutes, is reenacted to read:
For the purpose of incorporating the amendment made by this act to section 601.09, Florida Statutes, in a reference thereto, subsection (1) of section 600.051, Florida Statutes, is reenacted to read:
601.10 Powers of the Department of Citrus.—The department 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 are not limited to, the following:
600.051 Marketing agreements;
(8) (c) Any nonpublished reports or data related to studies or research conducted, caused to be conducted, or funded by the Page 9 of 10 CODING:
powers of department.— (1) In order to effectuate the declared policy and purposes of this act, the department shall have the power to enter into, administer, and enforce marketing agreements with handlers and distributors engaged in any one or more of the citrus districts established in and by s.
601.09, in the handling and distributing of citrus fruit in fresh fruit form or any variety or varieties, grade, size, or quality thereof, regulating the handling of such citrus fruit in the way and manner and to the extent therein prescribed and agreed upon, which said marketing agreements shall be binding only upon the signatories thereto exclusively.
The execution of any such marketing agreement shall in no manner affect the issuance, administration, or enforcement Page 9 of 11 CODING:
Florida Senate - 2022 SB 1002 20-00784-22 20221002__ department under s.
Florida Senate - 2022 CS for SB 1002 578-02647-22 20221002c1 of any marketing order otherwise provided for by chapter 601, and any marketing agreement executed hereunder shall be ineffective to the extent that it is in conflict with any rule, regulation, marketing order, or marketing agreement under any federal law relating to the handling of citrus fruit grown in Florida.
601.13 is confidential and exempt from s.
119.07(1) and s.
24(a), Art.
I of the State Constitution.
The cost of general overhead, maintenance, salaries, professional fees, enforcement costs, and other such expenses that 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.
The cost of general overhead, maintenance, salaries, professional fees, enforcement costs, and other such expenses that are related to advertising, merchandising, public relations, trade luncheons, publicity, and associated activities shall be paid from the Page 10 of 11 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 1002 578-02647-22 20221002c1 balance of the Florida Citrus Advertising Trust Fund.
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Action History

  1. Laid on Table, companion bill(s) passed, see CS/HB 1097 (Ch. 2022-117)

  2. Substituted CS/HB 1097

  3. Read 2nd time

  4. Placed on Special Order Calendar, 03/02/22

  5. Retained on Calendar

  6. Placed on Special Order Calendar, 02/17/22

  7. Placed on Calendar, on 2nd reading

  8. Favorable by- Rules; YEAS 17 NAYS 0

  9. CS by Community Affairs read 1st time

  10. On Committee agenda-- Rules, 02/10/22, 11:00 am, 412 Knott Building

  11. Now in Rules

  12. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  13. CS by Community Affairs; YEAS 9 NAYS 0

  14. On Committee agenda-- Community Affairs, 02/02/22, 8:30 am, 37 Senate Building

  15. Now in Community Affairs

  16. Favorable by Agriculture; YEAS 8 NAYS 0

  17. Introduced

  18. On Committee agenda-- Agriculture, 01/13/22, 11:00 am, 110 Senate Building

  19. Referred to Agriculture; Community Affairs; Rules

  20. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 162 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (162)

162 members have not signed on to this bill.

Show all 162 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Favorable

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 6000
Unaffiliated 11000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Baxley — Yea
Bean — Yea
Book — Yea
Bracy — Yea
Brandes — Yea
Diaz — Yea
Farmer — Yea
Gibson — Yea
Hutson — Yea
Powell — Yea
Stargel — Yea
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Garcia, Ileana Republican Yea
Gruters, Joe Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea

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Subjects

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Frequently asked questions

What does SB 1002 do?
Florida Citrus; Citing this act as the "Citrus Recovery Act"; revising the membership of the Florida Citrus Commission; increasing the number of citrus districts in this state and revising the counties that comprise each district; requiring certain entities to provide reports on citrus production research to the commission at specified intervals and upon request of the commission; requiring that new varieties of citrus fruit produced from research or studies funded by state funds be made exclusively available for licensing and commercialization to the Department of Citrus or its designee for a specified timeframe, etc.
Who sponsors SB 1002?
SB 1002 is sponsored by Community Affairs and Burgess, Danny (Republican).
What is the current status of SB 1002?
This bill died with 2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1002?
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