Fla. Admin. Code Ann. R. 20-9.005 - Requirements to Guarantee Payment of Assessment

To qualify to guarantee to the Department of Citrus payment of any assessment imposed by law:

(1) Each handler of citrus fruit shall deposit with the Department of Citrus a good and sufficient:

(a) Cash bond, or

(b) Surety bond executed by the handler as principal and by a surety company qualified and authorized to do business in this State as surety, to be approved by the Department of Citrus, or

(c) Certificate of deposit in accordance with the provisions of Rule 20-9.008, F.A.C., or

(d) Letter of credit from an issuing financial institution located in the United States.

(2) The total amount of cash bond, surety bond, certificate of deposit, or letter of credit shall be in an amount based upon the following formula:

(a) To determine the total estimated assessment liability of the handler, multiply the number of boxes or equivalent boxes utilized in the prior season, or estimated utilization during the current season, including the exercised privileges of imported products, whichever is greater, times the total average assessment rate from the prior season for fresh form and processed form.

(b) Divide the total estimated assessment (A) by the number of weeks for which assessment returns were required to be filed during the previous season (B) to determine the estimated weekly assessment due (C) [A ÷ B = (C)]. Department has the discretion to reduce the number of weeks used in this calculation due to late payments received during the prior season. If returns were filed late four (4) times or more during the previous season, the Department will recalculate the estimated weekly assessment due (C) by substituting the number of times payments were received the prior season for (B).

(c) Multiply by two the estimated weekly assessment due, as computed by such formula, to determine the amount of surety bond, cash bond, certificate of deposit, or letter of credit required.

Notes

Fla. Admin. Code Ann. R. 20-9.005

Rulemaking Authority 601.10(1), 601.15(1), (5), (6), (10)(a) FS. Law Implemented 601.15(1), (5), (6), 601.152, 601.154, 601.155 FS.

Formerly 105-1.15(5), Revised 1-1-75, Amended 11-21-77, 8-1-80, 2-1-81, 8-1-83, Formerly 20-9.05, Amended 11-27-01, 10-21-08, 11-28-12.

Formerly 105-1.15(5), Amended 1-1-75, 11-21-77, 8-1-80, 2-1-81, 8-1-83, Formerly 20-9.05, Amended 11-27-01, 10-21-08, 11-28-12.