20-3.007. Post-Estimate Price Report

(1) All licensed citrus fruit dealers engaged in the processing or toll pack processing of processed citrus products shall provide to the Department of Citrus the following information:

(a) Summaries of the quantities and average purchase prices for raw fruit delivered to any dealer during the reporting period, reported by type and pricing category (e.g., fixed final contract prices, intermediate pricing only, or with floor and a known rise, week of delivery).

(b) The varieties of raw citrus fruit to be reported:

1. Oranges: Hamlin, Parson Brown, Pineapple, Valencia and other sweet/round oranges. Does not include Navels, Ambersweets, Tangelos, Mandarins, Tangerines and Murcotts.

2. Grapefruit designated as Red/Pink or White.

(c) Processor to Processor transactions shall not be reported.

(d) Purchases of spot priced fruit for oranges and grapefruit shall not be reported.

(e) Eliminations for oranges shall not be reported.

(f) Eliminations for grapefruit shall be reported.

(2) The information shall be provided on a weekly basis by the licensed facility and reports shall be filed no later than 5:00 p.m. Wednesday of each week, with reports required regardless of volume to report. The reporting period shall begin on the first week following the release by USDA of its initial Crop Estimate for the current processing season (generally released in October of each year). Information shall be submitted on forms provided by the Department of Citrus and incorporated by reference into Rule 20-100.004, F.A.C., and shall be delivered by electronic transfer to the location designated on the aforementioned forms. The burden of proof of delivery of the requisite information rests with the licensed citrus fruit dealer.

(3) Data is reported only for fruit for which a contract has been executed after the release of the initial USDA Crop Estimate for the current fruit season (generally released in October of each year). Data shall be reported for all qualifying contract boxes processed by a facility and for boxes paid for by that facility and delivered for processing to a second facility during the ‘current reporting week.’ For delivered boxes, the data shall be reported during the week the facility paid for the boxes, not necessarily the week the boxes were processed by another facility. The Department of Citrus reports Post Estimate details in three pricing categories for early & mids, Valencia and Red/Pink and White grapefruit:

(a) Category 1: Final prices known week of delivery;

(b) Category 2: Intermediate prices week of delivery with a defined index for known rise and final payment is based accordingly; and,

(c) Category 3: Intermediate prices with final price not known week of delivery, only boxes are reported.

(4)(a) The Department of Citrus shall compile and publish, subsequent to the initial USDA Crop Estimate (generally released in October of each year), audited Post-Estimate Price Reports six times during the citrus season: upon the early/mid season varieties harvest being 50% complete, 75% complete and 100% complete; and upon the late season varieties harvest being 50% complete, 75% complete and 100% complete. Unaudited reports shall be posted to the website beginning four weeks after the Department of Citrus has received data from a licensed facility or facilities and additional reports shall be submitted every four weeks thereafter. Audited reports may be posted in place of unaudited reports when the harvest thresholds are met before the unaudited report is to be published. The number of facilities reporting activity shall not be disclosed within the facility data that is ultimately reported by the Department of Citrus. Calculations used in this report are on a weighted average basis.

(b) Any data reported to the Florida Department of Citrus that a reporting facility deems to be trade secret (i) shall be clearly labeled as “Trade Secret” at the time it is submitted to the Department of Citrus and (ii) shall be designated a trade secret on a Statement of Trade Secret Form under Rule 20-100.004, F.A.C. Absent a written declaration that the facility deems the data to be a trade secret in compliance with the process set forth in this subsection, the data provided to the Department of Citrus will not be treated as a trade secret, as defined in Section 688.002, F.S.

(5) Each entity required to report shall have a representative attend reporting training to be held at the Florida Department of Citrus building, led by staff, on a date to be announced prior to the beginning of each fruit season.

Rulemaking Authority 601.10(1), 601.15(10)(a) FS. Law Implemented 601.10(8), 601.15(4), 601.69, 119.0715 FS. History–New 8-31-15, Amended 1-24-19, 2-2-20, 11-26-20, 6-23-22, 8-1-23.