Amended rule placing the citrus fruit dealer bond schedule into Chapter 20 as a result of the schedule being removed from Chapter 601, FS. by the 2012 Legislature and allowing the industry more flexibility to deal with issues of bonding for the ...

 

DEPARTMENT OF CITRUS

RULE NO.: RULE TITLE:
20-108.004: Determination of Minimum Bond Required

PURPOSE AND EFFECT: Amended rule placing the citrus fruit dealer bond schedule into Chapter 20, F.A.C., as a result of the schedule being removed from Chapter 601, FS. by the 2012 Legislature and allowing the industry more flexibility to deal with issues of bonding for the purposes of paying growers should the dealer fail to do so.

SUMMARY: Amended rule placing the citrus fruit dealer bond schedule into Chapter 20, F.A.C.

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: This rule amendment is a result of the 2012 Legislature removing the bond schedule from statute thereby allowing their placement into Chapter 20 rules; as the statute wording has been brought directly into the rule, there will be no impact to the industry.

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), 601.56 FS.

LAW IMPLEMENTED: 601.03(8), 601.10(1),(5),(7), 601.55, 601.56, 601.57, 601.58, 601.60, 601.61 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:

20-108.004 Determination of Minimum Bond Required.

(1) The following schedule shall be used in determining the minimum amount of surety bond, certificate of deposit, or cash bond to be posted in support of the applicant’s citrus fruit dealer’s license:

(a) $1,000 up to 2,000 boxes;

(b) $2,000 up to 5,000 boxes;

(c) $3,750 up to 7,500 boxes;

(d) $5,000 up to 10,000 boxes;

(e) $10,000 up to 20,000 boxes;

(f) $1,000 for each additional 20,000 boxes or fraction thereof in excess of 20,000 boxes, with a maximum bond of $100,000.

(2)(1) Repeat applications:

(3)(2) New applications:

PROPOSED EFFECTIVE DATE: January 1, 2013.

Rulemaking Authority 601.10(1),(7), 601.56 FS. Law Implemented 601.03(8), 601.10(1),(5),(7), 601.55, 601.56, 601.57, 601.58, 601.60, 601.61 FS. History–Revised 12-18-74, Effective 12-31-74, Formerly 105-2.02(4), Formerly 20-108.04, Amended 4-23-95, 1-1-13.

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