Removal of date qualifiers no longer necessary at the request of JAPC

 

DEPARTMENT OF CITRUS

RULE NOS.:RULE TITLES:

20-2.0032Containers to be Standardized and Marked With Capacity

20-2.007Bond Disclaimer on Producer Contracts

PURPOSE AND EFFECT: Removal of date qualifiers no longer necessary at the request of JAPC

SUMMARY: Removal of date qualifiers

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 Department used a checklist to conduct an economic analysis and determine if there is an adverse impact or regulatory costs associated with this rule that exceeds the economic criteria in section 120.541(2)(a), F.S. Based upon this analysis, the Department has determined that the proposed rule is not expected to require legislative ratification.

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, 601.69 FS.

LAW IMPLEMENTED: 1.61, 601.69 FS.

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

DATE AND TIME: October 21, 2020 at 9:00 a.m.

PLACE: Via ZOOM, link to be provided in the meeting notice posted in FAR and emailed to industry organizations and press corps and all other interested persons who have asked to be notified

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Alice Wiggins, Legal Assistant, P O Box 9010, Bartow, FL 33831 or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

20-2.0032 Containers to be Standardized and Marked With Capacity

(1) through (12) No change.

(13) Citrus fruit dealers purchasing new containers after October 1, 1994, shall be required to obtain from the manufacturer a letter of certification as to their volumetric capacity.

Rulemaking Authority 601.10(1), (7), 601.11, 601.69 FS. Law Implemented 601.69 FS. History–New 8-1-90, Amended 12-13-92, 6-23-94, 10-23-94,                              .

 

20-2.007 Bond Disclaimer on Producer Contracts.

All written contracts executed after August 1, 1988, between citrus fruit dealers and producers shall bear the following statement in a prominent place on the contract: A BOND OR CERTIFICATE OF DEPOSIT POSTED WITH THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DOES NOT NECESSARILY INSURE FULL PAYMENT OF CLAIMS FOR ANY NONPERFORMANCE UNDER THIS CONTRACT.

Rulemaking Authority 601.10(1), (7), 601.61 FS. Law Implemented 601.61 FS. History–New 8-2-88, Amended_____ .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Elliott Mitchell, General Counsel

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Citrus Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 16, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 15, 2020