10129533, 5H-2.003 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 10129533

Notice of Proposed Rule

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Marketing and Development

Chapter:

MARKETING ORDERS GENERALLY

Overview

RULE:

5H-2.003	Assessments; Collections (Transferred)
5H-2.004	Rate of Assessments; Exemptions (Repealed)

PURPOSE:

These changes will implement HB 7103. A referendum of citrus growers was held and passed in November 2009 to increase the assessment rate to a maximum of $.03 per box and to establish the Citrus Research and Development Foundation as the research advisory council to the Department. Florida Statute 573 was amended accordingly. A referendum of tobacco growers was held and passed unanimously in May 2009 to increase the assessment rate to a maximum of $1.00 per 100 pounds of tobacco. The Citrus Research and Development Foundation serving as the advisory council recommended commencement of rule making by the Department as may be appropriate to administer the changes.

SUMMARY:

Recent tobacco and citrus marketing order referendums passed with overwhelming industry support. The proposed rules are being developed to update the assessment and collection procedures of commodity marketing orders. The proposed amendments to Rule 5H-2.003, F.A.C., would permit the Department to adjust or suspend the assessment rates upon recommendation of the commodity advisory council. The proposed amendments also clarify the rule by removing the assessment amounts language from the rule. The assessment amounts are set by the marketing order and not by Department rule. This rulemaking also proposes to repeal existing Rule 5H-2.004, F.A.C., which has become outdated. No additional assessments will be collected under these rules.

RULEMAKING AUTHORITY:

573.118(2), 573.119 FS.

LAW:

573.112, 573.118(2), 573.119 FS.

PRINT PUBLISH DATE:

7/22/2011 Vol. 37/29

COMMENTS:

From 7/22/2011 To 8/12/2011 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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