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Florida Administrative Code (Last Updated: April 18, 2024) |
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20. Department of Citrus |
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D20. Departmental |
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20-7. Dues Collection On Behalf Of Certain Not-For-Profit Corporations |
1(1) Upon the Department’s receipt of any request pursuant to this Chapter 20-7, F.A.C., the Department shall determine whether any such request meets the requirements of this Chapter 20-7, F.A.C. Any request meeting Chapter 20-7, F.A.C., requirements shall be considered a properly submitted request and such properly submitted request, including all attachments thereto, shall be posted on the Department’s website. Such properly submitted request shall be placed as an agenda item for consideration by the Florida Citrus Commission at a Commission meeting occurring no sooner than 15 days, but no later than 90 days, after such website posting. In deciding upon any such properly submitted request, the Commission may consider the following factors:
114(a) The logistics and impacts of requiring licensed citrus fruit dealers to collect and remit the requested dues, contributions or other financial payments;
137(b) Whether approval of the properly submitted request advances the purposes of The Florida Citrus Code, as may be amended from time to time;
161(c) Public comments; and
165(d) Recommendations by Department staff.
170(2) If the Commission, by majority vote, approves the properly submitted request, then such approval shall be manifested in the form of a Department Order issued pursuant to Section 199601.10(1), F.S. 201The Order shall contain sufficient information, logistical and otherwise, to allow licensed citrus fruit dealers to collect dues, contributions, or any other financial payments on behalf of the corporation identified in the Order, and to remit those collected funds to said corporation.
243(3) After issuance of the Order, the Department shall cause a contract, the duration of which shall be not greater than five years, but which shall be terminable by the Department without cause upon providing the requesting corporation 60 days written notice, and a continuing indemnity agreement to be presented to the requesting corporation identified in the Order. Each such contract shall include a requirement that the requesting corporation pay to the Department a fee equal to, but not exceeding, the amount necessary to ensure that any direct costs incurred by the Department in administering the contract are paid by the requesting corporation as calculated pursuant to Rule 35120-7.005, 352F.A.C. Each such contract shall also include provisions to ensure that the requesting corporation continues to meet the requirements outlined in Section 374601.992, F.S., 376and this Chapter 20-7, F.A.C., throughout the term of said contract. If the requesting corporation and the Department have not mutually agreed to a contract and indemnification agreement, for submission to the Commission for approval, within 63 days of the date of the Department Order, then the Order shall be of no force and effect, except that the Department’s Executive Director or Secretary of the Commission may expand this 63-day time limit if, in their sound discretion, more time is needed to effectuate a contract consistent with the Order.
465Rulemaking Authority 467601.10(1), 468601.992 FS. 470Law Implemented 472601.992 FS. 474History–New 1-15-07.
