General Provisions, Bond Exempt Fruit, Application for Agent Registration, Examination of Agent Application
RULE NOS.:RULE TITLES:
20-108.001General Provisions
20-108.0041Bond Exempt Fruit
20-108.011Application for Agent Registration
20-108.012Examination of Agent Application
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. 41 No. 116, June 16, 2015 issue of the Florida Administrative Register.
20-108.001 General Provisions.
(1) Any person desiring to engage in business as a citrus fruit dealer in the state shall make application on forms provided by the department (CIT/LIC/01 Rev. _________, subsection 20-100.004(1) F.A.C.). F.A.C. and CIT/LIC/02 rev. 6-22-04, subsection 20-100.004(2) F.A.C.).
Rulemaking Authority 601.10(1), 601.56 FS. Law Implemented 601.03(8), 601.10(5), 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(1), Formerly 20-108.01, Amended 4-23-95, 7-2-03, 1-28-13,______________.
20-108.0041 Bond Exempt Fruit.
(4) Fruit handled by the applicant from citrus groves for which the applicant provides complete grove management services, under direct contract with the owner or producer.
5.(b) Submit the balance of all payment received, along with a full accounting of all expenditures, to the producer.
(b)(c) The contract shall be properly executed, cover the period for which the license is to be issued, and shall include show, among other things, the following:
(c)(d) A copy of all such contracts shall be filed with the Department of Citrus. If the Department finds that the contract or contracts conform with all requirements outlined above, it shall recommend to the Department of Agriculture that the contracting dealer not be required to post bond for that volume of fruit covered by such contracts.
(5) Fruit handled by a corporate or partnership applicant that is from citrus groves owned by officers or stockholders of the corporation, the parent corporation, a wholly owned subsidiary corporation or its corporate officers or stockholders, or any partner of a partnership. To qualify for bond exemption, properly executed waivers of right to any claim against any citrus fruit dealer's bond which may be posted by the applicant for other fruit handled shall be attached to and made a part of the application for license. The waivers shall cover the period of time for which the license is to be issued and shall include show, among other things, the following:
20-108.011 Application for Agent Registration.
(1) Any citrus fruit dealer desiring to register an agent shall make application on form FDACS-07054 Rev. 08/14, Application for Registration as Citrus Fruit Dealer's Agent, incorporated herein by reference, (http site to be provided) furnished by the Department of Agriculture for registration of such person as his duly authorized agent.
20-108.012 Examination of Agent Application.
(2) An application for agent registration from which questions arise as to their past history relating to citrus as outlined above or by a person, or spouse, parent, or sibling of a person, who has previously been denied a citrus fruit dealer license by the Florida Citrus Commission shall, prior to registration being granted, be referred to the Department of Citrus, together with a report detailing the facts and circumstances surrounding the application. Agent registration shall not be approved if the Florida Citrus Commission makes a finding that such person would not be qualified for license as a citrus fruit dealer.
