Fla. Stat. § 601.111
Maturity standards; modification by emergency rule
Redline — January 1, 2011 → current.View current text →
Current — January 1, 2012
As of January 1, 2011
(1) The Legislature of the state finds and declares that emergencies creating abnormal conditions in the Florida citrus industry, such as unusual climatic conditions that produce unusual growing conditions of citrus fruit, freezes and hurricanes, or other acts of God that may affect a substantial part of the citrus industry, require that the Department of Citrus be given the power and authority to lower the maturity standards established by law for citrus fruit or any variety thereof, not including oranges except as specified in subsection (2), under and subject to the limitations, conditions, restrictions, and provisions and within the standards hereinafter prescribed and established.
(1) The Legislature finds that emergencies creating abnormal conditions in the state’s citrus industry, which may include, but are not limited to, unusual climatic conditions that produce unusual growing conditions of citrus fruit, freezes and hurricanes, or other acts of God that may affect a substantial part of the citrus industry, require that the department have the power and authority to modify the maturity standards established by rule for citrus fruit or any variety thereof.
(2) In the event of an emergency such as is mentioned in subsection (1), the said Department of Citrus, in addition to all other powers and authority which it now possesses, which have heretofore been granted or delegated to it by the Legislature shall have the additional power to issue rules and regulations to:
(a) Lower by not more than 10 percent the existing minimum requirement as to the total soluble solids of the juice of citrus fruit or any variety, except oranges, or size thereof;
(b) Lower by not more than 10 percent the existing ratio of total soluble solids of the juice of citrus fruit or any variety thereof, except oranges, to the anhydrous citric acid;
(c) Lower by not more than 10 percent the existing minimum requirement for juice content of citrus fruit or any variety or size thereof; and
(d) Lower by not more than 10 percent the existing minimum requirement for the content of anhydrous citric acid for oranges.Any action under this subsection shall not be taken without the consent of at least nine members of the Florida Citrus Commission. Any regulation adopted pursuant to this section shall be by the affirmative vote of at least nine members of said Florida Citrus Commission, and every such regulation shall contain an expiration date not later than 1 year from its effective date.
(2)(a) Upon the determination by the department that an emergency exists that creates abnormal conditions in the state’s citrus industry, the department, in addition to all other powers and authority provided by law, may adopt emergency rules pursuant to s. 120.54(4) that temporarily modify the maturity standards previously adopted by rule.
(b) An emergency rule adopted under this subsection does not take effect unless the emergency rule is adopted by the affirmative vote of at least seven members of the commission. Notwithstanding the limitation on the effective period for emergency rules in s. 120.54(4)(c), each such emergency rule adopted under this section must contain an expiration date of not later than 1 year after its effective date.
(3) This act shall not repeal any other section or part of this chapter, but shall be deemed as supplemental and additional to the express power vested in the Department of Citrus, subject only to the limitations, restrictions, conditions, provisions, and standards herein set forth.
(3) This section does not repeal any other section or part of this chapter and shall be deemed as supplemental and additional to the express power vested in the department, subject only to the limitations, restrictions, conditions, provisions, and standards provided in this section.
Official source: Online Sunshine (Florida Legislature). Reproduced from public-domain Florida statutes; confirm against the official source for the current text. Not legal advice.