Is the Florida Department of Citrus a state agency?

Plain-English summary

The Department of Citrus had asked the federal Environmental Protection Agency about a possible exemption from fees under the Pesticide Registration Improvement Act for a compound that would lower harvesting costs for Florida citrus growers. The EPA required, as part of that request, a letter from the state Attorney General confirming that the department is a state agency. Attorney General Bill McCollum supplied the confirmation.

The analysis was short and structural. Chapter 20, Florida Statutes, organizes the executive branch of state government, and section 20.02(2) directs that executive agencies be consolidated into no more than 25 departments. Section 20.03(2) defines a "department" as the principal administrative unit within the executive branch. Section 20.29 continues the former State Citrus Commission and renames it the Department of Citrus, with the Florida Citrus Commission as its head and all of its powers drawn from Chapter 601. Reading those provisions together, the Attorney General concluded that the Florida Department of Citrus constitutes an agency of the State of Florida.

Currency note

This opinion was issued in 2009. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: What did the Attorney General actually conclude?
A: That the Florida Department of Citrus is an agency of the State of Florida. The letter was prepared so the department could give the federal EPA the state-agency confirmation it required for a pesticide-fee exemption request.

Q: Why did the EPA need a letter from the Attorney General?
A: The department was pursuing a possible exemption from fees imposed by the federal Pesticide Registration Improvement Act, and one of the EPA's requirements was a letter from the state Attorney General stating that the department is a state agency.

Q: What statutes made the Department of Citrus a state agency?
A: Chapter 20, Florida Statutes, which organizes the executive branch. Section 20.29 continues and renames the State Citrus Commission as the Department of Citrus, section 20.03(2) defines a department as a principal administrative unit of the executive branch, and section 20.02(2) and Article IV, section 6 of the constitution cap the executive branch at 25 departments.

Background and statutory framework

Florida's executive branch is structured by Chapter 20, Florida Statutes, which implements Article IV, section 6 of the state constitution. That constitutional provision requires the functions of the executive branch to be allotted among no more than twenty-five departments, exclusive of those the constitution itself provides for. Section 20.02(2) restates that consolidation requirement, and section 20.03(2) defines a "department" as the principal administrative unit within the executive branch.

Section 20.29 places the Department of Citrus within that structure. It continues the State Citrus Commission, created under Chapter 601, and renames it the Department of Citrus, with the Florida Citrus Commission (established by section 601.04) as its head. The department derives its powers, duties, and functions from Chapter 601, and section 601.05 provides that it constitutes a body corporate. Those provisions are what allowed the Attorney General to confirm the department's status as a state agency for the EPA's purposes.

Citations and references

Statutes and constitutional provisions:

• s. 20.29, Fla. Stat. (Department of Citrus)
• s. 20.02, Fla. Stat. (executive branch consolidation)
• s. 20.03(2), Fla. Stat. (definition of department)
• Art. IV, s. 6, Fla. Const. (executive branch departments)
• ch. 601, Fla. Stat. (Florida Citrus Commission); ss. 601.04, 601.05

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/department-of-citrus-as-state-agency
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/8206

Original opinion text

Mr. Ken Keck
Executive Director
Department of Citrus
Post Office Box 148
Lakeland, Florida 33802-0148

Attention: Ms. Debra J. Funkhouser
Comptroller

Dear Mr. Keck:

This office has received a letter from the Department of Citrus indicating that the department has contacted the federal Environmental Protection Agency regarding a possible exemption from the fees imposed by the Pesticide Registration Improvement Act for a chemical compound that will reduce harvesting costs for Florida citrus growers. One of the requirements from the federal agency is a letter from the state Attorney General stating that the department is a state agency.

Chapter 20, Florida Statutes, sets forth the organizational structure of the executive branch of state government. As stated in section 20.02(2), Florida Statutes,

"Within constitutional limitations, the agencies that compose the executive branch must be consolidated into no more than 25 departments, exclusive of those specifically provided for or authorized in the State Constitution, consistent with executive capacity to administer effectively at all levels. The agencies in the executive branch should be integrated into one of the departments of the executive branch to achieve maximum efficiency and effectiveness as intended by s. 6, Art. IV of the State Constitution."[1]

Section 20.03(2), Florida Statutes, defining "Department" for purposes of the chapter to mean "the principal administrative unit within the executive branch of state government."

Section 20.29, Florida Statutes, provides:

"Department of Citrus.—The State Citrus Commission, created under chapter 601, is continued and renamed the Department of Citrus.

(1) The head of the Department of Citrus is the board, established by s. 601.04, and said board is hereby named the 'Florida Citrus Commission.'

(2) All of the powers, duties, and functions of the Florida Citrus Commission are continued in the board, as head of the department. The board shall derive all of its powers, duties, and functions from chapter 601.

(3) All of the personnel, records, property, and unexpended balances of appropriations and other funds are continued with the Department of Citrus as presently held."[2]

In light of the above, I am of the opinion that the Florida Department of Citrus constitutes an agency of the State of Florida.

Sincerely,

Bill McCollum
Attorney General of Florida

BM/tjw

[1] See Art. IV, s. 6, Fla. Const., providing in part that "[a]ll functions of the executive branch of state government shall be allotted among not more than twenty-five departments, exclusive of those specifically provided for or authorized in this constitution."

[2] And see s. 601.04, Fla. Stat., establishing the Florida Citrus Commission, and s. 601.05, Fla. Stat., providing that the Department of Citrus constitutes a body corporate.