DUES COLLECTION ON BEHALF OF CERTAIN NOT-FOR-PROFIT CORPORATIONS, Request Procedure and Conditions, Commission Consideration of Properly Submitted Requests, Licensed Citrus Fruit Dealer Collection and Remittance Responsibilities, Fees

DEPARTMENT OF CITRUS
Departmental

RULE NO: RULE TITLE
20-7: DUES COLLECTION ON BEHALF OF CERTAIN NOT-FOR-PROFIT CORPORATIONS
20-7.002: Request Procedure and Conditions
20-7.003: Commission Consideration of Properly Submitted Requests
20-7.004: Licensed Citrus Fruit Dealer Collection and Remittance Responsibilities
20-7.005: Fees

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 32 No. 44, November 3, 2006 issue of the Florida Administrative Weekly.

20-7.001   No Change

 

20-7.002 Request Procedure and Conditions.

(1) No Change.

(a) - (i) No Change.

(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, in the form attached to this Chapter 20-7 as Appendix A, Eff 10-25-06, incorporated herein by reference;

(k) - (l) No Change.

(2) No Change.

Specific Authority 601.10(1), 601.992, 837.06 FS. Law Implemented 601.992 FS. History–New ____________.

 

20-7.003  Commission Consideration of Properly Submitted Requests.

(1) - (2) No Change.

(3) After issuance of the Order, the Department shall cause a contract, the duration of which shall be not greater than five years, but which shall be terminable by the Department without cause upon providing the requesting corporation 60 days written notice, and a continuing indemnity agreement in the form attached to this Chapter 20-7 as Appendix A, Eff 10-25-06, incorporated herein by reference to be presented to the requesting corporation identified in the Order. Each such contract shall include a requirement that the requesting corporation pay to the Department a fee equal to, but not exceeding, the amount necessary to ensure that any direct costs incurred by the Department in administering the contract are paid by the requesting corporation as calculated pursuant to section 20-7.005. Each such contract shall also include provisions to ensure that the requesting corporation continues to meet the requirements outlined in 601.992, F.S., and this Chapter 20-7, throughout the term of said contract. If the requesting corporation and the Department have not mutually agreed to a contract and indemnification agreement, for submission to the Commission for approval, within 63 days of the date of the Commission Order, then the Order shall be of no force and effect, except that the Department’s Executive Director or Secretary of the Commission may expand this 63-day time limit if, in their sound discretion, more time is needed to effectuate a contract consistent with the Order.

(4) Upon a majority vote of the Commission, any time limit herein may be expanded, condensed, or waived.

Specific Authority 601.10(1), 601.992 FS. Law Implemented 601.992 FS. History–New ____________.

 

20-7.004 Licensed Citrus Fruit Dealer Collection and Remittance Responsibilities.

 Upon the execution of a Commission-approved contract as contemplated by this Chapter 20-7, the Department shall cause a copy of the Order to be sent to each affected licensed citrus fruit dealer licensed by the Department. Pursuant to the terms of the Order, each affected licensed citrus fruit dealer shall collect the dues, contributions, or any other financial payments on behalf of the corporation named in the Order and shall remit such funds as outlined in the Order.

(2) Licensed citrus fruit dealers found by the Department to be in non-compliance with any Resolution duly-promulgated hereunder may be subject to disciplinary action of the Florida Department of Agriculture and Consumer Services, including, but not limited to, fines, license suspension or revocation as prescribed in 601.67, F.S. and 601.68, F.S.

Specific Authority 601.10(1), 601.992 FS. Law Implemented 601.992 FS. History–New ____________.

 

20-7.005 Fees and Other Related Costs.

(1) - (5) No Change.

(6) The annual contract administration fee established hereunder shall be due as established by contract provision.

Specific Authority 601.10(1), 601.992 FS. Law Implemented 601.992 FS. History–New ____________.