20-7.002. Request Procedure and Conditions

(1) Any not-for-profit corporation meeting the requirements of Section 601.992, F.S., may request the Department to consider the issuance of an order to require licensed citrus fruit dealers to collect and remit dues, contributions, or other financial payments on behalf of that corporation pursuant to this Chapter 20-7, F.A.C. Such request shall be initiated by the requesting corporation submitting a written request, which request shall be executed by the president of the corporation under penalty of perjury as outlined in Section 837.06, F.S., and shall contain affirmations and, where applicable, proof or descriptions, as to each of the following:

(a) The requesting corporation is an active, not-for-profit corporation organized in, and whose principle office is located in, the State of Florida and which corporation is registered with the Florida Department of State, Division of Corporations;

(b) The specific dues structure of the requesting corporation, including, but not limited to, a detailed statement of how dues, contributions, or other financial payments are calculated and assessed to members of the corporation, and which such dues, contributions, or other financial payments are requested to be collected under this Chapter 20-7, F.A.C.;

(c) The specific mechanism/protocol for how licensed citrus fruit dealers are to collect and remit such dues, contributions, or other financial payments;

(d) A detailed description of the mechanism for the requesting corporation to process any refund requests from its members or licensed citrus fruit dealers;

(e) The specific reporting format requested of the licensed citrus fruit dealers and the specific mechanism for how adjustments by the corporation in such dues, contributions, or other financial payments are to be calculated, and how such adjustments shall be communicated to licensed citrus fruit dealers for collection, adjustment;

(f) A draft of a proposed order, as outlined in subsection 20-7.003(2), F.A.C.;

(g) A statement affirming that the requesting corporation is engaged, to the exclusion of agricultural commodities other than citrus, in market news and grower education solely for citrus growers;

(h) A statement affirming that the requesting corporation has at least 5,000 members who are engaged in growing citrus in Florida for commercial sale;

(i) A statement acknowledging that all activities undertaken by the Department pursuant to this Chapter 20-7, F.A.C., including, but not limited to, all submissions to the Department, are subject to Florida’s Public Records and Government in the Sunshine Laws, as may be amended from time to time;

(j) A statement acknowledging that, if the corporation’s request is granted by the Department, then the corporation agrees to execute a contract, the duration of which shall not exceed five years, including a continuing indemnity agreement;

(k) A statement acknowledging that the Department is in no way an agent, for any purposes, of the requesting corporation, and in no way endorses the activities of the corporation; and

(l) A statement acknowledging that, annually, the corporation shall pay to the Department a reasonable fee calculated by the Department to reimburse the Department for any and all direct costs (as defined in Rule 20-7.005, F.A.C.) attributable to such corporation’s dues collection as implemented by this Chapter 20-7, F.A.C.

(2) Any such request must be accompanied by a non-refundable processing fee made payable to the Department in the amount to be determined pursuant to Rule 20-7.005, F.A.C., which fee is intended to pay for the direct administrative costs incurred by the Department associated with processing the requesting corporation’s application.

Rulemaking Authority 601.10(1), 601.992, 837.06 FS. Law Implemented 601.992 FS. History–New 1-15-07.