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:
20-91.008: Assessment Forms Provided by Department

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), 601.15(10)(a) FS.

LAW IMPLEMENTED: 601.152(8)(b),(c) 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 and Regulation Specialist, P. O. Box 9010, Bartow, FL 33831 or [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

20-91.008 Assessment Forms Provided by Department.

(1) No change.

(2) When any Order adopted pursuant to Section 601.152, FS. Florida Statutes, provides for a brand advertising rebate promotional campaign, the Department of Citrus shall prescribe an additional form for handlers who are required to pay assessments levied and imposed by any such Order, which form shall provide the individual brand and customer identification necessary for the Department of Citrus staff to administratively determine the proper individual customer and brand accounts for the accumulation of rebate credits and for the payment of rebate claims. Inasmuch as public inspection of this form would provide business competitors of the handlers filing the form with an unfair advantage in the channels of trade, the form and all information supplied thereby shall be held in strict confidence by those employees of the Department of Citrus to whom it is entrusted, and no such employee or former employee shall make a disclosure of the form or any information furnished by the form to any person except an employee or agent of the Department of Citrus engaged in the assessment, collection and rebates of the assessment tax imposed or the Auditor General charged with the audit of the affairs of the Department of Citrus.

Rulemaking Specific Authority 601.10(1), 601.15(10)(a) FS. Law Implemented 601.152(8)(b),(c) FS. History–Formerly 105-1.38(7), Revised 1-1-75, Formerly 20-91.08, Amended_________.

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