3-448

3-448. Assessments; procedures; failure to pay;
penalty and interest; hearing

A. In order to provide the necessary monies to enforce this article and article 4
of this chapter, the supervisor shall assess a charge against each shipper in an amount
of not more than one and one-fourth cents per standard carton, or the equivalent weight,
of each kind of fruit and vegetable, including citrus, shipped and regulated under this
article and article 4 of this chapter. For bulk shipments of citrus used for by-products
with destinations both inside and outside this state a charge is assessed of not more
than two dollars for each lot.

B. All monies collected from the assessments under this section shall be paid to
the citrus, fruit and vegetable revolving fund.

C. The supervisor, pursuant to section 3-527.02, shall set the amount of the
charges under this section annually with the approval of the director, but not in amounts
greater than necessary to provide revenues to defray all of the proper expenses of
carrying out the provisions of this article and article 4 of this chapter. The
supervisor may establish assessments for each commodity based on the time that is
necessary to inspect the commodity.

D. Before the supervisor may set or the director may approve an increase in the
assessment, the supervisor shall provide thirty days' advance notice of a public hearing
and the amount of the proposed assessment to all shippers who are licensed under sections
3-449 and 3-492 and to any other interested party. The supervisor shall receive
testimony at the hearing regarding the proposed increase in the assessment. Title 41,
chapter 6 does not apply to setting or collecting assessments under this section.

E. The supervisor shall compute the amount of assessments within the limits of this
section and may bill the assessments twice monthly. Each shipper shall pay the charges
to the supervisor within sixty days after the billing date.

F. A shipper who fails to pay the required assessment within sixty days after the
billing date is subject to a penalty of ten per cent of the amount of the total
assessment plus interest at a rate of two per cent per month on the unpaid balance.

G. A shipper may request a hearing before the supervisor to protest the amount of
assessment, penalty or interest imposed. If requested, the supervisor shall hold the
hearing. After the hearing the supervisor shall enter an order determining the amount of
the fee, penalty and interest. The shipper shall pay that amount within ten days after
notice of the supervisor's determination unless the decision is appealed to the
director. The shipper may appeal the decision of the supervisor to the director. If the
supervisor's decision is appealed, the director shall review the record of the hearing
and affirm, modify or reverse the supervisor's decision.

H. For the purposes of this section, in addition to the definition of shipper
contained in section 3-441, "shipper" shall also include shipper as defined in section
3-481.