Amendment clarifying the process, deadline for filing and form to be used in the election to pay only one-third of the assessment on imports in order to make the process more clear to the industry.

 

DEPARTMENT OF CITRUS

RULE NO.:RULE TITLE:
20-9.002Processed Form
PURPOSE AND EFFECT: Amendment clarifying the process, deadline for filing and form to be used in the election to pay only one-third of the assessment on imports in order to make the process more clear to the industry.
SUMMARY: Clarification of information used in conjunction with opting out of paying two-thirds of the import assessment.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: upon review of the proposed changes to these rules and incorporated forms, the department has determined that the amendments will not exceed any one of the economic analysis criteria in a SERC as set forth in s. 120.541(2)(a), F.S.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 601.10(1), 601.15(1)(10)(a), 601.155(3), (7) FS.
LAW IMPLEMENTED: 601.15(5), (6), 601.155 FS
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: December 19, 2012, 9:00 a.m.
PLACE: Florida Department of Citrus, 605 E. Main Street, Bartow, FL 33830
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Alice Wiggins, License & Regulation Specialist, P. O. Box 9010, Bartow, FL 33831 or [e-mail] or [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

20-9.002 Processed Form.

(1) No change.

(2)All persons or entities required to file assessment returns pursuant to Section 601.155, Florida Statutes, shall file, each week, an assessment return on forms furnished by the Department of Citrus (incorporated by reference in Rule 20-100.004, F.A.C.).

(a)All persons liable for the assessment imposed by this section shall file with the Department of Citrus the Equalization Advertising Assessment Return B cit/rev/04r rev. 5-15-12, subsection 20-100.004(34), F.A.C., as furnished by the Department equalizing assessment returns, certified as true and correct.  The return, certified as true and correct as furnished by the Department, shall report information as to the number of units of processed orange or grapefruit products subject to this section upon which any assessable privilege was exercised during the period of time covered by the return, in addition to the status of inventoried product.  Each handler shall maintain records and documentation supporting declarations made on the assessment return filed with the Department of Citrus.  Unless the actual number of boxes is known to the processor and can be substantiated by appropriate records in his possession, the following table shall be used in determining the equivalent number of boxes:

Conversion Unit
Product	Oranges	Grapefruit	Number of Equivalent 1-3/5 Bushel Boxes
Concentrate	6.56 solids	4.91 solids	1
Single Strength	6.22 gallons	5.64 gallons	1

(Table to be updated every three years, based on five year weighted average of state test house yields.)

(b) Equalizing assessments shall be due and payable within 61 days after the first of the assessable privileges is exercised in this state.

1. Assessable privileges exercised during August are due and payable by November 10, after the assessment rate has been established in October.

2. By June 1 of each citrus season the Department of Citrus shall send by certified mail to all persons who during that citrus season paid equalization assessments to the Department, an Import Assessment Election (Opt-out form) [Cit/Rev10 rev. 5-15-12, subsection 20-100.004(41), F.A.C.] allowing the person liable for the payment of the equalization assessment to object to the assessment for the subsequent season and to not pay two-thirds of the applicable assessment otherwise due that citrus season, as contemplated in Section 601.155(10), F.S. The address to be used by the Department shall be the last address shown on the Equalization Advertising Assessment Return [cit/rev/04r rev. 5-15-12, subsection 20-100.004(34), F.A.C.] or on the prior year Import Assessment Election (Opt-out form), whichever address is deemed most deliverable. The form must be completed and returned to the Department via certified mail, courier, facsimile or e-mail to the address stated on the election form by July 15th or no later than 60 days before payment would be due. The election shall apply to all assessible privilege activity on and after the date of receipt by the Department of the Import Assessment Election (Opt-out form) for the balance of the citrus season. 

3. Persons who did not pay assessments the previous season or who did not receive the Import Assessment Election form by the Department under subparagraph 2 may, at any time during the citrus season, request an Import Assessment Election (Opt-out form) from the Department and the right to opt-out of paying two-thirds of the applicable assessment shall, pursuant to Section 601.155(10), F.S., be granted by the Department immediately upon receipt of such completed and returned Import Assessment Election (Opt-out form) so long as the Opt-out form is delivered to the Department by certified mail, courier delivery, facsimile or e-mail to the address stated on the election form. The election shall apply to all assessible privilege activity on and after the date of receipt by the Department for the balance of the citrus season.   

(c) through (d) No change.

(3) through (4) No change.

Rulemaking Authority 601.10(1), 601.15(1),(10)(a), 601.155(3),(7) FS. Law Implemented 601.15(5),(6), 601.155 FS.  History--Formerly 105-1.15(2), Revised 1-1-75, § (2), Amended 11-21-77, 8-1-80, § (3), 2-1-81, 8-1-83, Formerly 20-9.02, Amended 7-21-86, 8-30-89, 8-27-91, 7-13-94,10-22-95, 8-1-97,8-3-00, 11-27-01, 7-23-03, 7-25-06,                        .

NAME OF PERSON ORIGINATING PROPOSED RULE: William Roberts, Acting General Counsel
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Citrus Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 12, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 1, 2012