Florida Statutes

Fla. Stat. § 601.04 (2025)

Florida Citrus Commission; creation and membership.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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601.04 Florida Citrus Commission; creation and membership.—

(1)(a) There is created within the department the Florida Citrus Commission, which shall be composed of 11 members appointed by the Governor. Each member must be a resident of this state who is and has been actively engaged in the growing, growing and shipping, or growing and processing of citrus fruit in the state for at least 5 years immediately before appointment to the commission and has, during that 5-year period:

1. Derived a major portion of her or his income from such growing, growing and shipping, or growing and processing of citrus fruit; or

2. Been the owner of, member of, officer of, or paid employee of a corporation, firm, or partnership that has, during that 5-year period, derived the major portion of its income from such growing, growing and shipping, or growing and processing of citrus fruit.

(b)1. Seven members of the commission shall be classified as grower members and shall be primarily engaged in the growing of citrus fruit as an individual owner; as the owner of, or as stockholder of, a corporation; or as a member of a firm or partnership primarily engaged in citrus growing. Such members may not receive any compensation from any licensed citrus fruit dealer or handler, as defined in s. 601.03, other than gift fruit shippers, but any of the grower members may not be disqualified as a member if, individually, or as the owner of, a member of, an officer of, or a stockholder of a corporation, firm, or partnership primarily engaged in citrus growing which processes, packs, and markets its own fruit and whose business is primarily not purchasing and handling fruit grown by others.

2. Three members of the commission shall be classified as processor members and shall be engaged as owners, or as paid officers or employees, of a corporation, firm, partnership, or other business unit engaged in canning, concentrating, or otherwise processing citrus fruit for market other than for shipment in fresh fruit form.

3. One member shall be classified as a packer member and shall be engaged as an owner, or as a paid officer or employee, of a corporation, firm, partnership, or other business unit that operates as a packinghouse as defined in s. 601.03. The member shall reside in the Indian River production area of this state as defined in s. 601.091(2).

4. For purposes of this section, a member’s residence is his or her actual physical and permanent residence.

(2)(a) One grower member shall be appointed from each of the citrus districts designated in s. 601.09. Each member must reside or grow citrus in the district from which she or he was appointed.

(b) One grower member shall be a grower with a citrus producing area of more than 5,001 acres. The grower must reside and grow citrus in this state.

(c)1. Members shall be appointed to terms of 3 years each, except that, to establish staggered terms of members from each citrus district, the terms of members appointed before July 1, 2022, shall be as follows:

a. The terms of two grower members and one packer member shall expire June 30, 2022, and their successors shall be appointed to terms beginning July 1, 2022, and expiring May 31, 2025.

b. The terms of two grower members and one processor member shall expire June 30, 2023, and their successors shall be appointed to terms beginning July 1, 2023, and expiring May 31, 2026.

c. The terms of two grower members and one processor member shall expire June 30, 2024, and their successors shall be appointed to terms beginning July 1, 2024, and ending May 31, 2027.

2. One grower member and one processor member shall be appointed on or after July 1, 2022, with terms ending May 31, 2025.

3. Subsequent appointments shall be made in accordance with this section.

Appointments shall be made by February 1 preceding the commencement of the term and are subject to confirmation by the Senate in the following legislative session. Each member is eligible for reappointment and shall serve until her or his successor is appointed and qualified. The regular terms begin on June 1 and expire on May 31 of the third year after such appointment.

(d) When appointments are made, the Governor shall publicly announce the actual classification and district that each appointee represents. A majority of the currently appointed members of the commission constitutes a quorum for the transaction of all business and the carrying out of the duties of the commission. Before entering upon the discharge of their duties as members of the commission, each member shall take and subscribe to the oath of office prescribed in s. 5, Art. II of the State Constitution. The qualifications and classification required of each member by this section continue to be required throughout the respective term of office, and if a member, after appointment, fails to meet the qualifications or classification that she or he possessed at the time of appointment, the member must resign or be removed and be replaced with a member possessing the proper qualifications and classification.

(e) When making an appointment to the commission, the Governor shall announce the district, classification, and term of the person appointed.

(3)(a) The commission shall elect a chair and secretary and may elect a vice chair and such other officers as the commission deems advisable.

(b) The chair, subject to commission concurrence, may appoint such advisory committees or councils composed of industry representatives as the chair deems appropriate, setting forth the committee or council concerns that are consistent with the statutory powers and duties of the commission and the department.

History.—s. 3, ch. 16854, 1935; CGL 1936 Supp. (57); s. 1, ch. 20449, 1941; s. 1, ch. 22535, 1945; s. 4, ch. 25149, 1949; s. 10, ch. 26484, 1951; s. 1, ch. 59-11; s. 1, ch. 65-71; s. 33, ch. 69-216; ss. 29, 35, ch. 69-106; s. 257, ch. 71-377; s. 1, ch. 79-84; s. 1, ch. 82-46; s. 2, ch. 83-265; s. 1, ch. 85-49; ss. 1, 2, 3, ch. 88-55; s. 1, ch. 90-127; s. 1, ch. 91-11; s. 5, ch. 91-429; s. 3, ch. 95-174; s. 968, ch. 97-103; s. 78, ch. 2000-154; s. 2, ch. 2005-6; s. 1, ch. 2009-112; s. 13, ch. 2011-56; s. 6, ch. 2012-182; s. 2, ch. 2022-117.

Note.—Former s. 595.01; s. 601.10.

Notes of Decisions

Cited in 4 cases, 1956–2004 · leading case: Florida Citrus Comm'n v. United States, 144 F. Supp. 517 (N.D. Fla. 1956).

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Florida Citrus Comm'n v. United States, 144 F. Supp. 517 (N.D. Fla. 1956). · cites it 2× “…Comp. Myers v. Bethlehem Shipbuilding Corp., 303 U.S. 41 , at pages 50-51, 58 S.Ct. 459 , 82 L.Ed. 638 . 1 . Now F.S.A. § 601.04 et seq.”

Mizlou Television Network, Inc. v. Nat'l Broad. Co., 603 F. Supp. 677 (D.D.C. 1984). “Fla. Stat. §§ 601.04 , 20.04 (1983). Plaintiff does not dispute that by virtue of this statutory organizational structure, the Florida Citrus Commission is a sub-unit of the State of Florida.”

Griffin v. Florida Citrus Comm'n, 32 Fla. Supp. 139 (Fla. Cir. Ct., Lake Cty. 1969). “Notwithstanding recognition of the foregoing, the issues presented to this court include the problem of whether the common law prohibition against a public official sitting in judgment upon matters affecting his own financial interests, which has been codified in chapter 112,…”

Dep't of Citrus v. Graves Bros. Co., 889 So. 2d 831 (Fla. 2d DCA 2004). · cites it 2× “Section 601.04(1)(a) creates within the DOC the Florida Citrus Commission, which is made up of persons who are actively engaged in growing, shipping, or processing citrus fruit in the state of Florida.”

— 601.04(1) — 1 case

— 601.04(1)(a) — 1 case

Dep't of Citrus v. Graves Bros. Co., 889 So. 2d 831 (Fla. 2d DCA 2004). “Section 601.04(1)(a) creates within the DOC the Florida Citrus Commission, which is made up of persons who are actively engaged in growing, shipping, or processing citrus fruit in the state of Florida.”

— 601.04(2)(a) — 1 case

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