Bill Text: FL S1220 | 2015 | Regular Session | Comm Sub
Bill Title: Cattle Market Development Act
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2015-05-01 - Died on Calendar [S1220 Detail]
Download: Florida-2015-S1220-Comm_Sub.html
Florida Senate - 2015 CS for SB 1220
By the Committee on Fiscal Policy; and Senators Grimsley, Evers,
and Soto
594-03402-15 20151220c1
1 A bill to be entitled
2 An act relating to the Cattle Market Development Act;
3 amending s. 570.83, F.S.; renaming the Beef Market
4 Development Act as the Cattle Market Development Act;
5 renaming the Florida Beef Council, Inc., as the
6 Florida Cattle Enhancement Board, Inc.; conforming
7 intent and definitions; removing a provision that
8 deems a cow and nursing calf sold together as one
9 unit; removing provisions providing for a $1 per head
10 assessment and referenda; providing for the
11 Commissioner of Agriculture to appoint a voting member
12 rather than an ex officio, nonvoting member to the
13 governing board of the Cattle Enhancement Board;
14 providing for staggered terms of governing board
15 members; providing for initial and subsequent
16 appointment of governing board members; removing
17 provisions requiring the board to maintain frequent
18 communication with officers and industry
19 representatives at the state and national levels;
20 revising the authority of the board; revising the date
21 of the scheduled repeal of the act; making technical
22 changes; providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Section 570.83, Florida Statutes, is amended to
27 read:
28 570.83 Cattle Beef Market Development Act; definitions;
29 Florida Cattle Enhancement Board Beef Council, Inc., creation,
30 purposes, governing board, powers, and duties; referendum on
31 assessments imposed on gross receipts from cattle sales;
32 payments to organizations for services; collecting and refunding
33 assessments; vote on continuing the act; board council bylaws.—
34 (1) SHORT TITLE POPULAR NAME.—This section act may be cited
35 as the “Cattle Beef Market Development Act.”
36 (2) LEGISLATIVE INTENT.—The Legislature intends by this act
37 to promote the growth of the cattle industry in this state; to
38 assure the public an adequate and wholesome food supply; to
39 provide for the general economic welfare of producers and
40 consumers of beef and the state; and to provide the beef cattle
41 production and feeding industry of this state with the authority
42 to establish a self-financed, self-governed program to help
43 develop, maintain, and expand the state, national, and foreign
44 markets for beef and beef products that are produced, processed,
45 or manufactured in this state.
46 (3) DEFINITIONS.—As used in this section act, the term:
47 (a) “Beef” or “beef products” means the products of beef
48 intended for human consumption which are derived from any bovine
49 animal, regardless of age, including, but not limited to, veal.
50 (c)(b) “Cattle” means such animals as are so designated by
51 federal law, including any marketing, promotion, and research
52 orders as are in effect. Unless such federal law provides to the
53 contrary, the term “cattle” includes all bovine animals,
54 regardless of age, including, but not limited to, calves. A cow
55 and nursing calf sold together are considered one unit.
56 (b)(c) “Board” or “Florida Cattle Enhancement Board”
57 “Council” means the Florida Cattle Enhancement Board Beef
58 Council, Inc.
59 (d) “Department” means the Department of Agriculture and
60 Consumer Services.
61 (e) “Collection agent” means a person who sells, offers for
62 sale, markets, distributes, trades, or processes cattle that
63 have been purchased or acquired from a producer or that are
64 marketed on behalf of a producer. The term also includes
65 meatpacking firms and their agents that purchase or consign to
66 purchase cattle.
67 (e)(f) “Person” means any natural person, partnership,
68 corporation, company, association, society, trust, or other
69 business unit or organization.
70 (f)(g) “Producer” means a person that has owned or sold
71 cattle in the previous calendar year or presently owns cattle.
72 (4) FLORIDA CATTLE ENHANCEMENT BOARD BEEF COUNCIL, INC.;
73 CREATION; PURPOSES.—
74 (a) There is created the Florida Cattle Enhancement Board
75 Beef Council, Inc., a not-for-profit corporation organized under
76 the laws of this state for the purpose of and operating as a
77 direct-support organization to of the department pursuant to
78 this section.
79 (b) The council is authorized to impose an assessment of
80 not more than $1 on each head of cattle sold in the state if the
81 imposition of the assessment is approved by referendum pursuant
82 to subsection (6). The proceeds of the assessment shall be used
83 to fund the activities of the council. The council shall:
84 1. Establish the amount of the assessment at not more than
85 $1 per head of cattle.
86 2. Develop, implement, and monitor a collection system for
87 the assessment.
88 3. Coordinate the collection of the assessment with other
89 states.
90 4. Establish refund procedures.
91 5. Conduct referenda under subsections (6) and (12).
92 (c) The council shall:
93 1. Plan, implement, and conduct programs of promotion,
94 research, and consumer information or industry information which
95 are designed to strengthen the cattle industry’s market position
96 in this state and in the nation and to maintain and expand
97 domestic and foreign markets and expand uses for beef and beef
98 products.
99 2. Use the proceeds of the assessment for the purpose of
100 funding cattle production and beef research, education,
101 promotion, and consumer and industry information in this state
102 and in the nation.
103 3. Plan and implement a cattle and beef industry feedback
104 program in this state.
105 4. Coordinate research, education, promotion, industry, and
106 consumer information programs with any national programs or
107 programs of other states.
108 5. Develop new uses and markets for beef and beef products.
109 6. Develop and improve methods of distributing beef and
110 beef products to the consumer.
111 7. Develop methods of improving the quality of beef and
112 beef products for the benefit of consumers.
113 8. Inform and educate the public concerning the nutritive
114 and economic values of beef and beef products.
115 9. Serve as a liaison within the beef and other food
116 industries of the state and elsewhere in matters that would
117 increase efficiencies that ultimately benefit both consumers and
118 industry.
119 10. Buy, sell, mortgage, rent, or improve, in any manner
120 that the council considers expedient, real property or personal
121 property, or both.
122 11. Publish and distribute such papers or periodicals as
123 the board of directors considers necessary to encourage and
124 accomplish the purposes of the council.
125 12. Do all other acts necessary or expedient for the
126 administration of the affairs and attainment of the purposes of
127 the council.
128 13. Approve an annual plan, budget, and audit for the
129 council.
130 (b)(d)1. The board council may not participate in or
131 intervene in any political campaign on behalf of or in
132 opposition to any candidate for public office. This restriction
133 includes, but is not limited to, a prohibition against
134 publishing or distributing any statements.
135 (c)2. No part of The net receipts of the board may not
136 council shall inure to the benefit of or be distributable to its
137 directors, its officers, or other private persons, except that
138 the board council may pay reasonable compensation for services
139 rendered by staff employees and may make payments and
140 distributions in furtherance of the purposes of this section
141 act.
142 (d)3. Notwithstanding any other provision of law, the board
143 council may not carry on any other activities prohibited for not
144 permitted to be carried on:
145 1.a. By A corporation exempt from federal income tax under
146 s. 501(c)(3) of the Internal Revenue Code of 1986, as amended;
147 or
148 2.b. By A corporation to which contributions are deductible
149 under s. 170(c)(2) of the Internal Revenue Code of 1986, as
150 amended.
151 (e)4. Notwithstanding any other statement of the purposes
152 and responsibilities of the board council, the board council may
153 not engage in any activities or exercise any powers that are not
154 in furtherance of its specific and primary purposes.
155 (5) GOVERNING BOARD.—
156 (a) The Florida Cattle Enhancement Board Beef Council,
157 Inc., shall be governed by a board of directors composed of 14
158 13 members as follows:
159 1. Eight, including 8 representatives of the Florida
160 Cattlemen’s Association, of whom one is a representative of the
161 Florida Association of Livestock Markets and one is a practicing
162 order buyer.;
163 2. One a representative of the Dairy Farmers, Inc.;
164 3. One a representative of the Florida CattleWomen, Inc.;
165 4. One a representative of the Florida Farm Bureau
166 Federation.;
167 5. One representative of an allied-industry.
168 6. One representative of the department. representative;
169 and
170 7. One representative of the an Institute of Food and
171 Agricultural Sciences representative.
172 (b) The initial board of directors shall be appointed by
173 the Commissioner of Agriculture for staggered terms a term of 1
174 year for three members, 2 years for three members, 3 years for
175 four members, and 4 years for four members. Each subsequent
176 vacancy shall also be filled by the Commissioner of Agriculture
177 with in accordance with the bylaws of the council. Thereafter,
178 each board member of the board of directors shall be appointed
179 to serve a 3-year term and may be reappointed to serve an
180 additional consecutive term. A member may not serve more than
181 two consecutive terms. A member must be a resident of this state
182 and must be a producer who has been a producer for at least the
183 5 years immediately preceding the first day of his or her
184 service on the board, except that the representative of the
185 Florida Farm Bureau Federation, the allied-industry
186 representative, the department representative, and the Institute
187 of Food and Agricultural Sciences representative need not be
188 producers. All members of the beef council board of directors
189 positions shall serve without compensation but be unsalaried ;
190 however, the board members are entitled to reimbursement as
191 provided in s. 112.061 for travel and other expenses incurred in
192 carrying out the intents and purposes of this section act.
193 (c) The Florida Cattle Enhancement Board council shall
194 provide for its officers through its bylaws, including the
195 ability to set forth offices and responsibilities and form
196 committees necessary for the implementation of this section act.
197 The Commissioner of Agriculture may designate an ex officio
198 nonvoting member of the board of directors.
199 (d) If a member of the board of directors misses three
200 consecutive, officially called meetings, the board of directors
201 may declare that position vacant.
202 (6) REFERENDUM ON ASSESSMENTS.— All producers in this state
203 shall have the opportunity to vote in a referendum to determine
204 whether the council shall be authorized to impose an assessment
205 of not more than $1 per head on cattle sold in the state. The
206 referendum shall pose the question: “Do you approve of an
207 assessment program, up to $1 per head of cattle pursuant to
208 section 570.83, Florida Statutes, to be funded through specific
209 contributions that are mandatory and refundable upon request?”
210 (a) A referendum held under this section must be conducted
211 by secret ballot at extension offices of the Institute of Food
212 and Agricultural Sciences of the University of Florida or at
213 offices of the United States Department of Agriculture with the
214 cooperation of the department.
215 (b) Notice of a referendum to be held under this act must
216 be given at least once in trade publications, the public press,
217 and statewide newspapers at least 30 days before the referendum
218 is held.
219 (c) Additional referenda may be held to authorize the
220 council to increase the assessment to more than $1 per head of
221 cattle. Such referendum shall pose the question: “Do you approve
222 of granting the Florida Beef Council, Inc., authority to
223 increase the per-head-of-cattle assessment pursuant to section
224 570.83, Florida Statutes, from ...(present rate)... to up to a
225 maximum of ...(proposed rate)... per head?” Referenda may not be
226 held more often than once every 3 years.
227 (d) Each cattle producer is entitled to only one vote in a
228 referendum held under this section. Proof of identification and
229 cattle ownership must be presented before voting.
230 (e) A simple majority of those casting ballots shall
231 determine any issue that requires a referendum under this
232 section.
233 (6)(7) POWERS AND DUTIES OF THE BOARD COUNCIL.—
234 (a) The board council shall:
235 1. Serve as a liaison within the beef and other food
236 industries of the state and elsewhere in matters that would
237 increase efficiencies that ultimately benefit consumers and the
238 industry.
239 2. Buy, sell, mortgage, rent, or improve, in any manner
240 that the board considers expedient, real property or personal
241 property, or both.
242 3. Publish and distribute papers or periodicals as the
243 board of directors considers necessary to encourage and
244 accomplish the purposes of the Florida Cattle Enhancement Board.
245 4.1. Receive and disburse funds, as prescribed elsewhere in
246 this act, to be used in administering and implementing this
247 section the act.
248 5.2. Maintain a permanent record of its business
249 proceedings.
250 6.3. Maintain a permanent, detailed record of its financial
251 dealings.
252 7.4. Prepare periodic reports and an annual report of its
253 activities for the fiscal year, for review by the beef industry
254 in this state, and file its annual report with the department.
255 8.5. Prepare, for review by the beef industry in this
256 state, periodic reports and an annual accounting for each fiscal
257 year of all receipts and expenditures to be filed with the
258 department, and shall retain a certified public accountant for
259 this purpose.
260 9.6. Appoint a licensed banking institution to serve as the
261 depository for program funds and to handle disbursements of
262 those funds.
263 7. Maintain frequent communication with officers and
264 industry representatives at the state and national levels,
265 including the department.
266 10.8. Maintain an office in this state.
267 (b) The board council may:
268 1. Conduct or contract for scientific research with any
269 accredited university, college, or similar institution, and
270 enter into other contracts or agreements that will aid in
271 carrying out the purposes of the program, including contracts
272 for the purchase or acquisition of facilities or equipment
273 necessary to carry out the purposes of the program.
274 2. Disseminate reliable information benefiting the consumer
275 and the cattle beef industry on subjects such as, but not
276 limited to, the purchase, identification, care, storage,
277 handling, cookery, preparation, serving, and nutritive value of
278 beef and beef products.
279 3. Provide to government bodies, on request, information
280 relating to subjects of concern to the cattle beef industry, and
281 may act jointly or in cooperation with the state or Federal
282 Government, and agencies thereof, in the development or
283 administration of programs that the board council considers to
284 be consistent with the objectives of the program.
285 4. Sue and be sued as a board council without individual
286 liability of the members for acts of the council when acting
287 within the scope of the powers of this act and in the manner
288 prescribed by the laws of this state.
289 5. Borrow from licensed lending institutions money in
290 amounts that are not cumulatively greater than 50 percent of the
291 board’s council’s anticipated annual income.
292 6. Maintain a financial reserve for emergency use, the
293 total of which must not exceed 50 percent of the council’s
294 anticipated annual income.
295 7. Appoint advisory groups composed of representatives from
296 organizations, institutions, governments, or businesses related
297 to or interested in the welfare of the beef industry and the
298 consuming public.
299 6.8. Employ staff subordinate officers and employees of the
300 council, prescribe their duties, and fix their compensation and
301 terms of employment.
302 7.9. Cooperate with any local, state, regional, or
303 nationwide organization or agency engaged in work or activities
304 consistent with the objectives of the program.
305 10. Cause any duly authorized agent or representative to
306 enter upon the premises of any market agency, market agent,
307 collection agency, or collection agent and examine or cause to
308 be examined by the authorized agent only books, papers, and
309 records that deal with the payment of the assessment provided
310 for in this act or with the enforcement of this act.
311 8. Fund cattle production and beef research, education,
312 promotion, and consumer and industry information in this state
313 and in the nation.
314 9. Plan, implement, and conduct programs of promotion,
315 research, and consumer and industry information which are
316 designed to strengthen the market position of the cattle
317 industry in this state and in the nation and to maintain and
318 expand domestic and foreign markets and expand uses for beef and
319 beef products.
320 10. Plan and implement a cattle and beef industry feedback
321 program in this state.
322 11. Coordinate research, education, promotion, industry,
323 and consumer information programs with any national programs or
324 programs of other states.
325 12.11. Do all other things necessary to further the intent
326 of this act which are not prohibited by law.
327 (7)(8) ACCEPTANCE OF GRANTS AND GIFTS.—The board council
328 may accept grants, donations, contributions, or gifts from any
329 source if the use of such resources is not restricted in any
330 manner that the board council considers to be inconsistent with
331 the objectives of the program.
332 (8)(9) PAYMENTS TO ORGANIZATIONS.—
333 (a) The board council may pay funds to other organizations
334 for work or services performed which are consistent with the
335 objectives of the program.
336 (b) Before making payments pursuant to described in this
337 subsection, the board council must secure a written agreement
338 that the organization receiving payment will:
339 1. Furnish at least annually, or more frequently on request
340 of the board council, written or printed reports of program
341 activities and reports of financial data that are relative to
342 the board’s council’s funding of such activities; and
343 2. Agree to have appropriate representatives attend
344 business meetings of the board council as reasonably requested
345 by the chairperson of the board council.
346 (c) The board council may require adequate proof of
347 security bonding on such said funds to any individual, business,
348 or other organization.
349 (10) COLLECTION OF MONEYS AT TIME OF MARKETING.—
350 (a) Each collection agent may deduct from the gross
351 receipts of the producer, at the time of sale, the assessment
352 imposed by the council.
353 (b) The collection agent shall collect all such moneys and
354 forward them to the council periodically, at least once a month,
355 and the council shall provide appropriate business forms for the
356 convenience of the collecting agent in executing this duty.
357 (c) The council shall maintain within its financial records
358 a separate accounting of all moneys received under this
359 subsection.
360 (d) The assessment is due and payable upon the sale of
361 cattle in this state. The assessment constitutes a personal debt
362 of the producer who is so assessed or who otherwise owes the
363 assessment. If a producer fails to remit any properly due
364 assessment, the council may bring a civil action against that
365 person in the circuit court of any county for the collection
366 thereof, and may add a penalty in the amount of 10 percent of
367 the assessment owed, the cost of enforcing the collection of the
368 assessment, court costs, and reasonable attorney’s fees. The
369 action shall be tried and judgment rendered as in any other
370 cause of action for debts due and payable. All assessments,
371 penalties, and enforcement costs are due and payable to the
372 council.
373 (e) The council may adopt reciprocal agreements with other
374 beef councils or similar organizations relating to moneys
375 collected at Florida collection agents on cattle from other
376 states and to Florida cattle sold at other state markets.
377 (f) The collection agents shall be entitled to deduct 2.5
378 percent of the amount collected to retain as a reasonable
379 collection allowance prior to remitting the funds to the
380 council.
381 (11) REFUNDS.—
382 (a) A producer who has had moneys deducted from his or her
383 gross sales receipts under this act is entitled to a prompt and
384 full refund on request.
385 (b) The council shall make available to all collection
386 agents business forms permitting request for refund, which forms
387 are to be submitted by the objecting producer within 45 days
388 after the sale transaction takes place.
389 (c) A refund claim must include the claimant’s signature,
390 date of sale, place of sale, number of cattle, and amount of
391 assessment deducted, and must have attached thereto proof of the
392 assessment deducted.
393 (d) If the council has reasonable doubt that a refund claim
394 is valid, it may withhold payment and take such action as it
395 considers necessary to determine the validity of the claim. Any
396 dispute arising under this subsection shall be determined as
397 specified in paragraph (10)(d).
398 (e) The council shall take action on refund requests within
399 30 calendar days following the date of receipt of the request.
400 (f) Only the producer may initiate a request for refund.
401 (12) VOTE ON CONTINUING THE ASSESSMENT.—Upon the delivery
402 by certified mail to the Florida Beef Council office of
403 petitions from at least 1,800 producers or 10 percent of
404 Florida’s producers as determined by the department, whichever
405 is less, and stating “Shall the assessment authorized by the
406 Beef Market Development Act continue?” the council shall, within
407 90 days, conduct a referendum to determine whether a majority of
408 the producers voting in the referendum support the continuation
409 of the Beef Market Development Act. All signatures must be
410 collected within a 12-month period. A referendum held under this
411 subsection may not be held more than one time in a 3-year
412 period. Qualifications for signature and vote are the same as
413 those required in subsection (6).
414 (9)(13) BYLAWS.—The Florida Cattle Enhancement Board Beef
415 Council shall, within 90 days after the governing board is
416 appointed this act becomes a law, adopt bylaws to carry out the
417 intents and purposes of this section act. The These bylaws may
418 be amended with a 30-day notice to governing board members at
419 any regular or special meeting called for such this purpose. The
420 bylaws must conform to the requirements of this section act but
421 may also address any matter not in conflict with the general
422 laws of this state.
423 (10)(14) REPEAL.—This section is repealed October 1, 2020
424 2019, unless reviewed and saved from repeal by the Legislature.
425 Section 2. This act shall take effect July 1, 2015.
