Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 1220
       
       
       
       
       
       
                                Ì108472-Î108472                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/02/2015           .                                
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       The Committee on Fiscal Policy (Hays) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 570.83, Florida Statutes, is amended to
    6  read:
    7         570.83 Cattle Beef Market Development Act; definitions;
    8  Florida Cattle Enhancement Board Beef Council, Inc., creation,
    9  purposes, governing board, powers, and duties; referendum on
   10  assessments imposed on gross receipts from cattle sales;
   11  payments to organizations for services; collecting and refunding
   12  assessments; vote on continuing the act; board council bylaws.—
   13         (1) SHORT TITLE POPULAR NAME.—This section act may be cited
   14  as the “Cattle Beef Market Development Act.”
   15         (2) LEGISLATIVE INTENT.—The Legislature intends by this act
   16  to promote the growth of the cattle industry in this state; to
   17  assure the public an adequate and wholesome food supply; to
   18  provide for the general economic welfare of producers and
   19  consumers of beef and the state; and to provide the beef cattle
   20  production and feeding industry of this state with the authority
   21  to establish a self-financed, self-governed program to help
   22  develop, maintain, and expand the state, national, and foreign
   23  markets for beef and beef products that are produced, processed,
   24  or manufactured in this state.
   25         (3) DEFINITIONS.—As used in this section act, the term:
   26         (a) “Beef” or “beef products” means the products of beef
   27  intended for human consumption which are derived from any bovine
   28  animal, regardless of age, including, but not limited to, veal.
   29         (c)(b) “Cattle” means such animals as are so designated by
   30  federal law, including any marketing, promotion, and research
   31  orders as are in effect. Unless such federal law provides to the
   32  contrary, the term “cattle” includes all bovine animals,
   33  regardless of age, including, but not limited to, calves. A cow
   34  and nursing calf sold together are considered one unit.
   35         (b)(c)“Board” or “Florida Cattle Enhancement Board”
   36  “Council” means the Florida Cattle Enhancement Board Beef
   37  Council, Inc.
   38         (d) “Department” means the Department of Agriculture and
   39  Consumer Services.
   40         (e) “Collection agent” means a person who sells, offers for
   41  sale, markets, distributes, trades, or processes cattle that
   42  have been purchased or acquired from a producer or that are
   43  marketed on behalf of a producer. The term also includes
   44  meatpacking firms and their agents that purchase or consign to
   45  purchase cattle.
   46         (e)(f) “Person” means any natural person, partnership,
   47  corporation, company, association, society, trust, or other
   48  business unit or organization.
   49         (f)(g) “Producer” means a person that has owned or sold
   50  cattle in the previous calendar year or presently owns cattle.
   51         (4) FLORIDA CATTLE ENHANCEMENT BOARD BEEF COUNCIL, INC.;
   52  CREATION; PURPOSES.—
   53         (a) There is created the Florida Cattle Enhancement Board
   54  Beef Council, Inc., a not-for-profit corporation organized under
   55  the laws of this state for the purpose of and operating as a
   56  direct-support organization to of the department pursuant to
   57  this section.
   58         (b) The council is authorized to impose an assessment of
   59  not more than $1 on each head of cattle sold in the state if the
   60  imposition of the assessment is approved by referendum pursuant
   61  to subsection (6). The proceeds of the assessment shall be used
   62  to fund the activities of the council. The council shall:
   63         1. Establish the amount of the assessment at not more than
   64  $1 per head of cattle.
   65         2. Develop, implement, and monitor a collection system for
   66  the assessment.
   67         3. Coordinate the collection of the assessment with other
   68  states.
   69         4. Establish refund procedures.
   70         5. Conduct referenda under subsections (6) and (12).
   71         (c) The council shall:
   72         1. Plan, implement, and conduct programs of promotion,
   73  research, and consumer information or industry information which
   74  are designed to strengthen the cattle industry’s market position
   75  in this state and in the nation and to maintain and expand
   76  domestic and foreign markets and expand uses for beef and beef
   77  products.
   78         2. Use the proceeds of the assessment for the purpose of
   79  funding cattle production and beef research, education,
   80  promotion, and consumer and industry information in this state
   81  and in the nation.
   82         3. Plan and implement a cattle and beef industry feedback
   83  program in this state.
   84         4. Coordinate research, education, promotion, industry, and
   85  consumer information programs with any national programs or
   86  programs of other states.
   87         5. Develop new uses and markets for beef and beef products.
   88         6. Develop and improve methods of distributing beef and
   89  beef products to the consumer.
   90         7. Develop methods of improving the quality of beef and
   91  beef products for the benefit of consumers.
   92         8. Inform and educate the public concerning the nutritive
   93  and economic values of beef and beef products.
   94         9. Serve as a liaison within the beef and other food
   95  industries of the state and elsewhere in matters that would
   96  increase efficiencies that ultimately benefit both consumers and
   97  industry.
   98         10. Buy, sell, mortgage, rent, or improve, in any manner
   99  that the council considers expedient, real property or personal
  100  property, or both.
  101         11. Publish and distribute such papers or periodicals as
  102  the board of directors considers necessary to encourage and
  103  accomplish the purposes of the council.
  104         12. Do all other acts necessary or expedient for the
  105  administration of the affairs and attainment of the purposes of
  106  the council.
  107         13. Approve an annual plan, budget, and audit for the
  108  council.
  109         (b)(d)1. The board council may not participate in or
  110  intervene in any political campaign on behalf of or in
  111  opposition to any candidate for public office. This restriction
  112  includes, but is not limited to, a prohibition against
  113  publishing or distributing any statements.
  114         (c)2.No part of The net receipts of the board may not
  115  council shall inure to the benefit of or be distributable to its
  116  directors, its officers, or other private persons, except that
  117  the board council may pay reasonable compensation for services
  118  rendered by staff employees and may make payments and
  119  distributions in furtherance of the purposes of this section
  120  act.
  121         (d)3. Notwithstanding any other provision of law, the board
  122  council may not carry on any other activities prohibited for not
  123  permitted to be carried on:
  124         1.a.By A corporation exempt from federal income tax under
  125  s. 501(c)(3) of the Internal Revenue Code of 1986, as amended;
  126  or
  127         2.b.By A corporation to which contributions are deductible
  128  under s. 170(c)(2) of the Internal Revenue Code of 1986, as
  129  amended.
  130         (e)4. Notwithstanding any other statement of the purposes
  131  and responsibilities of the board council, the board council may
  132  not engage in any activities or exercise any powers that are not
  133  in furtherance of its specific and primary purposes.
  134         (5) GOVERNING BOARD.—
  135         (a) The Florida Cattle Enhancement Board Beef Council,
  136  Inc., shall be governed by a board of directors composed of 14
  137  13 members as follows:
  138         1. Eight, including 8 representatives of the Florida
  139  Cattlemen’s Association, of whom one is a representative of the
  140  Florida Association of Livestock Markets and one is a practicing
  141  order buyer.;
  142         2. One a representative of the Dairy Farmers, Inc.;
  143         3. One a representative of the Florida CattleWomen, Inc.;
  144         4. One a representative of the Florida Farm Bureau
  145  Federation.;
  146         5. One representative of an allied-industry.
  147         6. One representative of the department. representative;
  148  and
  149         7. One representative of the an Institute of Food and
  150  Agricultural Sciences representative.
  151         (b) The initial board of directors shall be appointed by
  152  the Commissioner of Agriculture for staggered terms a term of 1
  153  year for three members, 2 years for three members, 3 years for
  154  four members, and 4 years for four members. Each subsequent
  155  vacancy shall also be filled by the Commissioner of Agriculture
  156  with in accordance with the bylaws of the council. Thereafter,
  157  each board member of the board of directors shall be appointed
  158  to serve a 3-year term and may be reappointed to serve an
  159  additional consecutive term. A member may not serve more than
  160  two consecutive terms. A member must be a resident of this state
  161  and must be a producer who has been a producer for at least the
  162  5 years immediately preceding the first day of his or her
  163  service on the board, except that the representative of the
  164  Florida Farm Bureau Federation, the allied-industry
  165  representative, the department representative, and the Institute
  166  of Food and Agricultural Sciences representative need not be
  167  producers. All members of the beef council board of directors
  168  positions shall serve without compensation but be unsalaried ;
  169  however, the board members are entitled to reimbursement as
  170  provided in s. 112.061 for travel and other expenses incurred in
  171  carrying out the intents and purposes of this section act.
  172         (c) The Florida Cattle Enhancement Board council shall
  173  provide for its officers through its bylaws, including the
  174  ability to set forth offices and responsibilities and form
  175  committees necessary for the implementation of this section act.
  176  The Commissioner of Agriculture may designate an ex officio
  177  nonvoting member of the board of directors.
  178         (d) If a member of the board of directors misses three
  179  consecutive, officially called meetings, the board of directors
  180  may declare that position vacant.
  181         (6) REFERENDUM ON ASSESSMENTS.— All producers in this state
  182  shall have the opportunity to vote in a referendum to determine
  183  whether the council shall be authorized to impose an assessment
  184  of not more than $1 per head on cattle sold in the state. The
  185  referendum shall pose the question: “Do you approve of an
  186  assessment program, up to $1 per head of cattle pursuant to
  187  section 570.83, Florida Statutes, to be funded through specific
  188  contributions that are mandatory and refundable upon request?”
  189         (a) A referendum held under this section must be conducted
  190  by secret ballot at extension offices of the Institute of Food
  191  and Agricultural Sciences of the University of Florida or at
  192  offices of the United States Department of Agriculture with the
  193  cooperation of the department.
  194         (b) Notice of a referendum to be held under this act must
  195  be given at least once in trade publications, the public press,
  196  and statewide newspapers at least 30 days before the referendum
  197  is held.
  198         (c) Additional referenda may be held to authorize the
  199  council to increase the assessment to more than $1 per head of
  200  cattle. Such referendum shall pose the question: “Do you approve
  201  of granting the Florida Beef Council, Inc., authority to
  202  increase the per-head-of-cattle assessment pursuant to section
  203  570.83, Florida Statutes, from ...(present rate)... to up to a
  204  maximum of ...(proposed rate)... per head?” Referenda may not be
  205  held more often than once every 3 years.
  206         (d) Each cattle producer is entitled to only one vote in a
  207  referendum held under this section. Proof of identification and
  208  cattle ownership must be presented before voting.
  209         (e) A simple majority of those casting ballots shall
  210  determine any issue that requires a referendum under this
  211  section.
  212         (6)(7) POWERS AND DUTIES OF THE BOARD COUNCIL.—
  213         (a) The board council shall:
  214         1. Serve as a liaison within the beef and other food
  215  industries of the state and elsewhere in matters that would
  216  increase efficiencies that ultimately benefit consumers and the
  217  industry.
  218         2. Buy, sell, mortgage, rent, or improve, in any manner
  219  that the board considers expedient, real property or personal
  220  property, or both.
  221         3. Publish and distribute papers or periodicals as the
  222  board of directors considers necessary to encourage and
  223  accomplish the purposes of the Florida Cattle Enhancement Board.
  224         4.1. Receive and disburse funds, as prescribed elsewhere in
  225  this act, to be used in administering and implementing this
  226  section the act.
  227         5.2. Maintain a permanent record of its business
  228  proceedings.
  229         6.3. Maintain a permanent, detailed record of its financial
  230  dealings.
  231         7.4. Prepare periodic reports and an annual report of its
  232  activities for the fiscal year, for review by the beef industry
  233  in this state, and file its annual report with the department.
  234         8.5. Prepare, for review by the beef industry in this
  235  state, periodic reports and an annual accounting for each fiscal
  236  year of all receipts and expenditures to be filed with the
  237  department, and shall retain a certified public accountant for
  238  this purpose.
  239         9.6. Appoint a licensed banking institution to serve as the
  240  depository for program funds and to handle disbursements of
  241  those funds.
  242         7. Maintain frequent communication with officers and
  243  industry representatives at the state and national levels,
  244  including the department.
  245         10.8. Maintain an office in this state.
  246         (b) The board council may:
  247         1. Conduct or contract for scientific research with any
  248  accredited university, college, or similar institution, and
  249  enter into other contracts or agreements that will aid in
  250  carrying out the purposes of the program, including contracts
  251  for the purchase or acquisition of facilities or equipment
  252  necessary to carry out the purposes of the program.
  253         2. Disseminate reliable information benefiting the consumer
  254  and the cattle beef industry on subjects such as, but not
  255  limited to, the purchase, identification, care, storage,
  256  handling, cookery, preparation, serving, and nutritive value of
  257  beef and beef products.
  258         3. Provide to government bodies, on request, information
  259  relating to subjects of concern to the cattle beef industry, and
  260  may act jointly or in cooperation with the state or Federal
  261  Government, and agencies thereof, in the development or
  262  administration of programs that the board council considers to
  263  be consistent with the objectives of the program.
  264         4. Sue and be sued as a board council without individual
  265  liability of the members for acts of the council when acting
  266  within the scope of the powers of this act and in the manner
  267  prescribed by the laws of this state.
  268         5. Borrow from licensed lending institutions money in
  269  amounts that are not cumulatively greater than 50 percent of the
  270  board’s council’s anticipated annual income.
  271         6. Maintain a financial reserve for emergency use, the
  272  total of which must not exceed 50 percent of the council’s
  273  anticipated annual income.
  274         7. Appoint advisory groups composed of representatives from
  275  organizations, institutions, governments, or businesses related
  276  to or interested in the welfare of the beef industry and the
  277  consuming public.
  278         6.8. Employ staff subordinate officers and employees of the
  279  council, prescribe their duties, and fix their compensation and
  280  terms of employment.
  281         7.9. Cooperate with any local, state, regional, or
  282  nationwide organization or agency engaged in work or activities
  283  consistent with the objectives of the program.
  284         10. Cause any duly authorized agent or representative to
  285  enter upon the premises of any market agency, market agent,
  286  collection agency, or collection agent and examine or cause to
  287  be examined by the authorized agent only books, papers, and
  288  records that deal with the payment of the assessment provided
  289  for in this act or with the enforcement of this act.
  290         8. Fund cattle production and beef research, education,
  291  promotion, and consumer and industry information in this state
  292  and in the nation.
  293         9. Plan, implement, and conduct programs of promotion,
  294  research, and consumer and industry information which are
  295  designed to strengthen the market position of the cattle
  296  industry in this state and in the nation and to maintain and
  297  expand domestic and foreign markets and expand uses for beef and
  298  beef products.
  299         10. Plan and implement a cattle and beef industry feedback
  300  program in this state.
  301         11. Coordinate research, education, promotion, industry,
  302  and consumer information programs with any national programs or
  303  programs of other states.
  304         12.11. Do all other things necessary to further the intent
  305  of this act which are not prohibited by law.
  306         (7)(8) ACCEPTANCE OF GRANTS AND GIFTS.—The board council
  307  may accept grants, donations, contributions, or gifts from any
  308  source if the use of such resources is not restricted in any
  309  manner that the board council considers to be inconsistent with
  310  the objectives of the program.
  311         (8)(9) PAYMENTS TO ORGANIZATIONS.—
  312         (a) The board council may pay funds to other organizations
  313  for work or services performed which are consistent with the
  314  objectives of the program.
  315         (b) Before making payments pursuant to described in this
  316  subsection, the board council must secure a written agreement
  317  that the organization receiving payment will:
  318         1. Furnish at least annually, or more frequently on request
  319  of the board council, written or printed reports of program
  320  activities and reports of financial data that are relative to
  321  the board’s council’s funding of such activities; and
  322         2. Agree to have appropriate representatives attend
  323  business meetings of the board council as reasonably requested
  324  by the chairperson of the board council.
  325         (c) The board council may require adequate proof of
  326  security bonding on such said funds to any individual, business,
  327  or other organization.
  328         (10) COLLECTION OF MONEYS AT TIME OF MARKETING.—
  329         (a) Each collection agent may deduct from the gross
  330  receipts of the producer, at the time of sale, the assessment
  331  imposed by the council.
  332         (b) The collection agent shall collect all such moneys and
  333  forward them to the council periodically, at least once a month,
  334  and the council shall provide appropriate business forms for the
  335  convenience of the collecting agent in executing this duty.
  336         (c) The council shall maintain within its financial records
  337  a separate accounting of all moneys received under this
  338  subsection.
  339         (d) The assessment is due and payable upon the sale of
  340  cattle in this state. The assessment constitutes a personal debt
  341  of the producer who is so assessed or who otherwise owes the
  342  assessment. If a producer fails to remit any properly due
  343  assessment, the council may bring a civil action against that
  344  person in the circuit court of any county for the collection
  345  thereof, and may add a penalty in the amount of 10 percent of
  346  the assessment owed, the cost of enforcing the collection of the
  347  assessment, court costs, and reasonable attorney’s fees. The
  348  action shall be tried and judgment rendered as in any other
  349  cause of action for debts due and payable. All assessments,
  350  penalties, and enforcement costs are due and payable to the
  351  council.
  352         (e) The council may adopt reciprocal agreements with other
  353  beef councils or similar organizations relating to moneys
  354  collected at Florida collection agents on cattle from other
  355  states and to Florida cattle sold at other state markets.
  356         (f) The collection agents shall be entitled to deduct 2.5
  357  percent of the amount collected to retain as a reasonable
  358  collection allowance prior to remitting the funds to the
  359  council.
  360         (11) REFUNDS.—
  361         (a) A producer who has had moneys deducted from his or her
  362  gross sales receipts under this act is entitled to a prompt and
  363  full refund on request.
  364         (b) The council shall make available to all collection
  365  agents business forms permitting request for refund, which forms
  366  are to be submitted by the objecting producer within 45 days
  367  after the sale transaction takes place.
  368         (c) A refund claim must include the claimant’s signature,
  369  date of sale, place of sale, number of cattle, and amount of
  370  assessment deducted, and must have attached thereto proof of the
  371  assessment deducted.
  372         (d) If the council has reasonable doubt that a refund claim
  373  is valid, it may withhold payment and take such action as it
  374  considers necessary to determine the validity of the claim. Any
  375  dispute arising under this subsection shall be determined as
  376  specified in paragraph (10)(d).
  377         (e) The council shall take action on refund requests within
  378  30 calendar days following the date of receipt of the request.
  379         (f) Only the producer may initiate a request for refund.
  380         (12) VOTE ON CONTINUING THE ASSESSMENT.—Upon the delivery
  381  by certified mail to the Florida Beef Council office of
  382  petitions from at least 1,800 producers or 10 percent of
  383  Florida’s producers as determined by the department, whichever
  384  is less, and stating “Shall the assessment authorized by the
  385  Beef Market Development Act continue?” the council shall, within
  386  90 days, conduct a referendum to determine whether a majority of
  387  the producers voting in the referendum support the continuation
  388  of the Beef Market Development Act. All signatures must be
  389  collected within a 12-month period. A referendum held under this
  390  subsection may not be held more than one time in a 3-year
  391  period. Qualifications for signature and vote are the same as
  392  those required in subsection (6).
  393         (9)(13) BYLAWS.—The Florida Cattle Enhancement Board Beef
  394  Council shall, within 90 days after the governing board is
  395  appointed this act becomes a law, adopt bylaws to carry out the
  396  intents and purposes of this section act. The These bylaws may
  397  be amended with a 30-day notice to governing board members at
  398  any regular or special meeting called for such this purpose. The
  399  bylaws must conform to the requirements of this section act but
  400  may also address any matter not in conflict with the general
  401  laws of this state.
  402         (10)(14) REPEAL.—This section is repealed October 1, 2020
  403  2019, unless reviewed and saved from repeal by the Legislature.
  404         Section 2. This act shall take effect July 1, 2015.
  405  
  406  ================= T I T L E  A M E N D M E N T ================
  407  And the title is amended as follows:
  408         Delete everything before the enacting clause
  409  and insert:
  410                        A bill to be entitled                      
  411         An act relating to the Cattle Market Development Act;
  412         amending s. 570.83, F.S.; renaming the Beef Market
  413         Development Act as the Cattle Market Development Act;
  414         renaming the Florida Beef Council, Inc., as the
  415         Florida Cattle Enhancement Board, Inc.; conforming
  416         intent and definitions; removing a provision that
  417         deems a cow and nursing calf sold together as one
  418         unit; removing provisions providing for a $1 per head
  419         assessment and referenda; providing for the
  420         Commissioner of Agriculture to appoint a voting member
  421         rather than an ex officio, nonvoting member to the
  422         governing board of the Cattle Enhancement Board;
  423         providing for staggered terms of governing board
  424         members; providing for initial and subsequent
  425         appointment of governing board members; removing
  426         provisions requiring the board to maintain frequent
  427         communication with officers and industry
  428         representatives at the state and national levels;
  429         revising the authority of the board; revising the date
  430         of the scheduled repeal of the act; making technical
  431         changes; providing an effective date.