The “Florida Xtra Sweet” mark is no longer trademarked by the Department resulting in the rules governing use of the mark being unenforceable.

 

DEPARTMENT OF CITRUS

RULE NOS.:RULE TITLES:

20-114.001Ownership

20-114.002Permission Required for Use

20-114.003General Restrictions and Standards on the Use of "Florida Xtra Sweet" Mark

20-114.004Use on Fruit, Containers and Merchandise

20-114.005Withdrawal of License or Permission

PURPOSE AND EFFECT: The “Florida Xtra Sweet” mark is no longer trademarked by the Department resulting in the rules governing use of the mark being unenforceable.

SUMMARY: Repeal of chapter.

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), 601.11, 601.15 FS.

LAW IMPLEMENTED: 601.101 FS.

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

DATE AND TIME: August 24, 2021 at 9:00 a.m.

PLACE: Florida Department of Citrus, 605 E Main St, Bartow, FL 33830

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Alice Wiggins, Legal Assistant, P O Box 9010, Bartow, FL 33831, [e-mail] or [phone] or https://fdocgrower.box.com/s/m3rbnzq3fmeqs2xfcqxriutx4q0ncnzy

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

20-114.001 Ownership.

Rulemaking Authority 601.10(1), 601.11, 601.15 FS. Law Implemented 601.101 FS. History–New 10-21-03, Repealed                        .

 

20-114.002 Permission Required for Use.

Rulemaking Authority 601.10(1), 601.11, 601.15 FS. Law Implemented 601.101 FS. History–New 10-21-03, Repealed                        .

 

20-114.003 General Restrictions and Standards on the Use of “Florida Xtra Sweet” Mark.

Rulemaking Authority 601.10(1), 601.11, 601.15 FS. Law Implemented 601.101 FS. History–New 10-21-03, Repealed                        .

 

20-114.004 Use on Fruit, Containers and Merchandise.

Rulemaking Authority 601.10(1), 601.11, 601.15 FS. Law Implemented 601.101 FS. History–New 10-21-03, Repealed                        .

 

20-114.005 Withdrawal of License or Permission.

Rulemaking Authority 601.10(1), 601.11, 601.15 FS. Law Implemented 601.101 FS. History–New 10-21-03, Repealed                        .

 

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: June 23, 2021