Florida Administrative Code › 20 - DEPARTMENT OF CITRUS › 20 - Departmental › Chapter 20-7 - DUES COLLECTION ON BEHALF OF CERTAIN NOT-FOR-PROFIT CORPORATIONS › Section 20-7.002 - Request Procedure and Conditions

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Any not-for-profit corporation meeting the requirements of Section
				 601.992, F.S., may request the
				Department to consider the issuance of an order to require licensed citrus
				fruit dealers to collect and remit dues, contributions, or other financial
				payments on behalf of that corporation pursuant to this Chapter 20-7, F.A.C.
				Such request shall be initiated by the requesting corporation submitting a
				written request, which request shall be executed by the president of the
				corporation under penalty of perjury as outlined in Section
				 837.06, F.S., and shall contain
				affirmations and, where applicable, proof or descriptions, as to each of the
				following:
(a) The requesting corporation is
				an active, not-for-profit corporation organized in, and whose principle office
				is located in, the State of Florida and which corporation is registered with
				the Florida Department of State, Division of Corporations;
(b) The specific dues structure of the
				requesting corporation, including, but not limited to, a detailed statement of
				how dues, contributions, or other financial payments are calculated and
				assessed to members of the corporation, and which such dues, contributions, or
				other financial payments are requested to be collected under this Chapter 20-7,
				F.A.C.;
(c) The specific
				mechanism/protocol for how licensed citrus fruit dealers are to collect and
				remit such dues, contributions, or other financial payments;
(d) A detailed description of the mechanism
				for the requesting corporation to process any refund requests from its members
				or licensed citrus fruit dealers;
(e) The specific reporting format requested
				of the licensed citrus fruit dealers and the specific mechanism for how
				adjustments by the corporation in such dues, contributions, or other financial
				payments are to be calculated, and how such adjustments shall be communicated
				to licensed citrus fruit dealers for collection, adjustment;
(f) A draft of a proposed order, as outlined
				in subsection  20-7.003(2),
				F.A.C.;
(g) A statement affirming
				that the requesting corporation is engaged, to the exclusion of agricultural
				commodities other than citrus, in market news and grower education solely for
				citrus growers;
(h) A statement
				affirming that the requesting corporation has at least 5, 000 members who are
				engaged in growing citrus in Florida for commercial sale;
(i) A statement acknowledging that all
				activities undertaken by the Department pursuant to this Chapter 20-7, F.A.C.,
				including, but not limited to, all submissions to the Department, are subject
				to Florida's Public Records and Government in the Sunshine Laws, as may be
				amended from time to time;
(j) A
				statement acknowledging that, if the corporation's request is granted by the
				Department, then the corporation agrees to execute a contract, the duration of
				which shall not exceed five years, including a continuing indemnity
				agreement;
(k) A statement
				acknowledging that the Department is in no way an agent, for any purposes, of
				the requesting corporation, and in no way endorses the activities of the
				corporation; and
(l) A statement
				acknowledging that, annually, the corporation shall pay to the Department a
				reasonable fee calculated by the Department to reimburse the Department for any
				and all direct costs (as defined in Rule
				 20-7.005, F.A.C.) attributable
				to such corporation's dues collection as implemented by this Chapter 20-7,
				F.A.C.