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

A. In order to provide the necessary monies to enforce this article and article 4 of this chapter, the associate director 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, that is 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 deposited in the citrus, fruit and vegetable trust fund.

C. The associate director, 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 this article and article 4 of this chapter. The associate director may establish assessments for each commodity based on the time that is necessary to inspect the commodity.

D. Before the associate director may set or the director may approve an increase in the assessment, the associate director shall provide thirty days' advance notice of a public hearing and the amount of the proposed assessment to all shippers that are licensed under sections 3-449 and 3-492 and to any other interested party. The associate director 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 associate director 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 associate director within sixty days after the billing date.

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

G. A shipper may request a hearing before the associate director to protest the amount of assessment, penalty or interest imposed. If requested, the associate director shall hold the hearing. After the hearing the associate director 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 associate director's determination unless the decision is appealed to the director. The shipper may appeal the decision of the associate director to the director. If the associate director's decision is appealed, the director shall review the record of the hearing and affirm, modify or reverse the associate director's decision.

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