The 2012 Legislature undertook a major rewrite of Chapter 601 resulting in rule amendments including changing the word "tax" to "assessment(s)"

 

DEPARTMENT OF CITRUS

RULE NO.: RULE TITLE:
20-44.001: Intrastate Shipments

PURPOSE AND EFFECT: The 2012 Legislature undertook a major rewrite of Chapter 601, FS., resulting in rule amendments including changing the word “tax” to “assessment(s)”.

SUMMARY: Changing the word “tax” to “assessment(s)”.

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: The amendment is housekeeping in nature, bringing the rules into compliance with changes made to Chapter 601, FS. by the 2012 Legislature.

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),(7), 601.11, 601.50 FS.

LAW IMPLEMENTED: 601.03(8), 601.10(7), 601.11, 601.50(1) FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: October 24, 2012, 9:00 a.m.

PLACE: Florida Department of Citrus, 605 East Main Street, Bartow, Florida 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]

THE FULL TEXT OF THE PROPOSED RULE IS:

20-44.001 Intrastate Shipments.

(1) Grade and Size: The following are minimum grade and size requirements for intrastate shipment or sale of all varieties of citrus fruit:

(a) through (b) No change.

(c) Exception: Fruit sold at retail or offered for retail sale by the owner of the grove on which the fruit was produced shall be subject to U.S. No. 2 internal grade requirements and no other grade or size requirements provided:

1. through 2. No change.

3. A grove owner selling or offering citrus fruit for sale under this provision shall, prior to sale each season, file with the Department of Agriculture proof of ownership of the grove or groves on which said citrus fruit was or will be produced. Such proof shall include a legal description of all grove properties on which such citrus fruit was or will be produced and shall designate the place where said citrus fruit will be sold or offered for sale. On request of the Department of Agriculture or its designated agent, the grove owner shall identify the grove origin of all such fruit being sold or offered for sale by him at any given time. In addition, the grower shall pay all applicable assessments excise taxes and inspection fees.

(2) through (3) No change.

Rulemaking Specific Authority 601.10(1),(7), 601.11, 601.50 FS. Law Implemented 601.03(8), 601.10(7), 601.11, 601.50(1) FS. History–Formerly 105-1.35(1), Revised 1-1-75, Amended 8-28-84, Formerly 20-44.01, Amended 1-22-92, 11-14-94, 11-30-94,________.

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: May 16, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 1, 2012