HB 0905

1	A bill to be entitled
2	An act relating to the Florida beef industry; creating s.
3	570.9135, F.S.; providing a popular name; providing
4	legislative intent; defining terms; creating the Florida
5	Beef Council, Inc.; providing purposes; providing powers
6	and duties of the council and restrictions upon actions of
7	the council; providing for a board of directors of the
8	council; providing for a referendum on assessments
9	proposed to be deducted from the sale of each head of
10	cattle; allowing the council to accept grants and gifts;
11	providing guidelines for payments to other organizations;
12	providing for the collection of assessments at the time of
13	marketing; providing duties of marketing agents and
14	collecting agents; requiring the council to maintain a
15	separate accounting of moneys received from assessments;
16	providing for legal action to collect delinquent
17	assessments; providing for the collection of penalties,
18	enforcement costs, and court costs; providing for refunds;
19	providing for a referendum on continuing this act;
20	providing for council bylaws; providing a contingent
21	effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Section 570.9135, Florida Statutes, is created
26	to read:
27	570.9135  Beef Market Development Act; definitions; Florida
28	Beef Council, Inc., creation, purposes, governing board, powers,
29	and duties; referendum on assessments imposed on gross receipts
30	from cattle sales; payments to organizations for services;
31	collecting and refunding assessments; vote on continuing the
32	act; council bylaws.--
33	(1)  POPULAR NAME.--This act shall be known by the popular
34	name the "Beef Market Development Act."
35	(2)  LEGISLATIVE INTENT.--The Legislature intends by this
36	act to promote the growth of the cattle industry in this state;
37	to assure the public an adequate and wholesome food supply; to
38	provide for the general economic welfare of producers and
39	consumers of beef and the state; and to provide the beef cattle
40	production and feeding industry of this state with the authority
41	to establish a self-financed, self-governed program to help
42	develop, maintain, and expand the state, national, and foreign
43	markets for beef and beef products that are produced, processed,
44	or manufactured in this state.
45	(3)  DEFINITIONS.--As used in this act, the term:
46	(a)  "Beef" or "beef products" means the products of beef
47	intended for human consumption which are derived from any bovine
48	animal, regardless of age, including, but not limited to, veal.
49	(b)  "Cattle" means such animals as are so designated by
50	federal law, including any marketing, promotion, and research
51	orders as are in effect. Unless such federal law provides to the
52	contrary, the term "cattle" includes all bovine animals,
53	regardless of age, including, but not limited to, calves. A cow
54	and nursing calf sold together are considered one unit.
55	(c)  "Council" means the Florida Beef Council, Inc.
56	(d)  "Department" means the Department of Agriculture and
57	Consumer Services.
58	(e)  "Market agent," "market agency," "collection agent,"
59	or "collection agency" means a person who sells, offers for
60	sale, markets, distributes, trades, or processes cattle that
61	have been purchased or acquired from a producer or that are
62	marketed on behalf of a producer. The terms also include
63	meatpacking firms and their agents which purchase or consign to
64	purchase cattle.
65	(f)  "Person" means any natural person, partnership,
66	corporation, company, association, society, trust, or other
67	business unit or organization.
68	(g)  "Producer" means a person that has owned or sold
69	cattle in the previous calendar year or presently owns cattle.
70	(4)  FLORIDA BEEF COUNCIL, INC.; CREATION; PURPOSES.--
71	(a)  There is created the Florida Beef Council, Inc., a
72	not-for-profit corporation organized under the laws of this
73	state and operating as a direct-service organization of the
74	department.
75	(b)  The intents and purposes of this act shall be financed
76	through an assessment imposed on each head of cattle sold in
77	this state, which assessment must be approved by a simple
78	majority vote of beef producers in this state.
79	(c)  The purposes and objectives of the program are to:
80	1.  Plan, implement, and conduct programs of promotion,
81	research, and consumer information or industry information which
82	are designed to strengthen the cattle industry's market position
83	in this state and in the nation and to maintain and expand
84	domestic and foreign markets and uses for beef and beef
85	products.
86	2.  Administer and receive assessments from any cattle sold
87	in this state for the purpose of funding cattle production and
88	beef research, education, promotion, and consumer and industry
89	information in this state and in the nation.
90	3.  Develop, implement, and monitor the assessment-
91	collection system for this state.
92	4.  Plan and implement a cattle and beef industry feedback
93	program in this state.
94	5.  Coordinate the assessment system for this state with
95	any national program, as well as with other states, so as to
96	coordinate research, education, promotion, industry, and
97	consumer information programs.
98	6.  Develop new uses and markets for beef and beef
99	products.
100	7.  Develop and improve methods of distributing beef and
101	beef products to the consumer.
102	8.  Develop methods of improving the quality of beef and
103	beef products for the benefit of consumers.
104	9.  Inform and educate the public concerning the nutritive
105	and economic values of beef and beef products.
106	10.  Serve as a liaison within the beef and other food
107	industries of the state and elsewhere in matters that would
108	increase efficiencies that ultimately benefit both consumers and
109	industry.
110	11.  Establish the amount per head for an assessment to be
111	collected for this state.
112	12.  Coordinate collection of assessments among neighboring
113	states.
114	13.  Establish refund procedures and criteria for any
115	producer from whom an assessment has been collected.
116	14.  Buy, sell, mortgage, rent, or improve, in any manner
117	that the council considers expedient, real property or personal
118	property, or both.
119	15.  Publish and distribute such papers or periodicals as
120	the board of directors considers necessary to encourage and
121	accomplish the purposes of the council.
122	16.  Do all other acts necessary or expedient for the
123	administration of the affairs and attainment of the purposes of
124	the council.
125	17.  Approve an annual plan, budget, and audit for the
126	council.
127	(d)1.  The council may not participate in or intervene in
128	any political campaign on behalf of or in opposition to any
129	candidate for public office. This restriction includes, but is
130	not limited to, a prohibition against publishing or distributing
131	any statements.
132	2.  No part of the net receipts of the council shall inure
133	to the benefit of or be distributable to its directors, its
134	officers, or other private persons, except that the council may
135	pay reasonable compensation for services rendered by staff
136	employees and may make payments and distributions in furtherance
137	of the purposes of this act.
138	3.  Notwithstanding any other provision of law, the council
139	may not carry on any other activities not permitted to be
140	carried on:
141	a.  By a corporation exempt from federal income tax under
142	s. 501(c)(3) of the Internal Revenue Code of 1986, as amended;
143	or
144	b.  By a corporation to which contributions are deductible
145	under s. 170(c)(2) of the Internal Revenue Code of 1986, as
146	amended.
147	4.  Notwithstanding any other statement of the purposes and
148	responsibilities of the council, the council may not engage in
149	any activities or exercise any powers that are not in
150	furtherance of its specific and primary purposes.
151	(5)  GOVERNING BOARD.--
152	(a)  The Florida Beef Council, Inc., shall be governed by a
153	board of directors composed of 13 members, including 8
154	representatives of the Florida Cattlemen's Association, of whom
155	one is a representative of the Florida Association of Livestock
156	Markets; one a representative of the Dairy Farmers, Inc.; one a
157	representative of the Florida CattleWomen, Inc.; one a
158	representative of the Florida Farm Bureau Federation; one an
159	allied-industry representative; and one an Institute of Food and
160	Agricultural Sciences representative.
161	(b)  The initial board of directors shall be appointed by
162	the Commissioner of Agriculture for a term of 1 year. Each
163	subsequent vacancy shall be filled in accordance with the bylaws
164	of the council. Thereafter, each board member shall be appointed
165	to serve a 3-year term and may be reappointed to serve an
166	additional consecutive term. A member may not serve more than
167	two consecutive terms. A member must be a resident of this state
168	and must be a beef producer who has been a beef producer for at
169	least the 5 years immediately preceding the first day of his or
170	her service on the board, except that the representative of the
171	Florida Farm Bureau Federation, the allied-industry
172	representative, and the Institute of Food and Agricultural
173	Sciences representative need not be beef producers. All beef
174	council board positions shall be unsalaried; however, the board
175	members are entitled to reimbursement as provided in s. 112.061
176	for travel and other expenses incurred in carrying out the
177	intents and purposes of this act.
178	(c)  The council shall provide for its officers through its
179	bylaws, including the ability to set forth offices and
180	responsibilities and form committees necessary for the
181	implementation of this act. The Commissioner of Agriculture may
182	designate an ex officio nonvoting member of the board of
183	directors.
184	(d)  If a member of the board misses three consecutive,
185	officially called meetings, the board of directors may declare
186	that position vacant.
187	(6)  REFERENDUM ON ASSESSMENTS.--All beef producers in this
188	state shall have the opportunity to vote in a referendum to
189	determine the amount of assessments to be deducted from the
190	gross receipts of the sale of cattle in this state to be used to
191	finance this act.
192	(a)  A referendum held under this section must be conducted
193	by secret ballot at extension offices of the Institute of Food
194	and Agricultural Sciences of the University of Florida or at
195	offices of the United States Department of Agriculture with the
196	cooperation of the department.
197	(b)  Notice of a referendum to be held under this act must
198	be given at least once in trade publications, the public press,
199	and statewide newspapers at least 30 days before the referendum
200	is held.
201	(c)  Only one referendum on a prospective increase in the
202	amount of assessments to be deducted from the gross receipts of
203	the sale of cattle in this state may be conducted in a 5-year
204	period.
205	(d)  Each cattle producer is entitled to only one vote in a
206	referendum held under this act. Proof of identification and
207	cattle ownership must be presented before voting.
208	(e)  A simple majority of those casting ballots shall
209	determine any issue that requires a referendum under this act.
210	(7)  POWERS AND DUTIES OF THE COUNCIL.--
211	(a)  The council shall:
212	1.  Receive and disburse funds, as prescribed elsewhere in
213	this act, to be used in administering and implementing the act.
214	2.  Maintain a permanent record of its business
215	proceedings.
216	3.  Maintain a permanent, detailed record of its financial
217	dealings.
218	4.  Prepare periodic reports and an annual report of its
219	activities for the fiscal year, for review by the beef industry
220	in this state, and file its annual report with the department.
221	5.  Prepare, for review by the beef industry in this state,
222	periodic reports and an annual accounting for each fiscal year
223	of all receipts and expenditures, and shall retain a certified
224	public accountant for this purpose.
225	6.  Appoint a licensed banking institution to serve as the
226	depository for program funds and to handle disbursements of
227	those funds.
228	7.  Maintain frequent communication with officers and
229	industry representatives at the state and national levels,
230	including the department.
231	8.  Maintain an office in this state.
232	(b)  The council may:
233	1.  Conduct or contract for scientific research with any
234	accredited university, college, or similar institution, and
235	enter into other contracts or agreements that will aid in
236	carrying out the purposes of the program, including contracts
237	for the purchase or acquisition of facilities or equipment
238	necessary to carry out the purposes of the program.
239	2.  Disseminate reliable information benefiting the
240	consumer and the beef industry on subjects such as, but not
241	limited to, the purchase, identification, care, storage,
242	handling, cookery, preparation, serving, and nutritive value of
243	beef and beef products.
244	3.  Provide to government bodies, on request, information
245	relating to subjects of concern to the beef industry, and may
246	act jointly or in cooperation with the state or Federal
247	Government, and agencies thereof, in the development or
248	administration of programs that the council considers to be
249	consistent with the objectives of the program.
250	4.  Sue and be sued as a council without individual
251	liability of the members for acts of the council when acting
252	within the scope of the powers of this act and in the manner
253	prescribed by the laws of this state.
254	5.  Borrow from licensed lending institutions money in
255	amounts that are not cumulatively greater than 50 percent of the
256	council's anticipated annual income.
257	6.  Maintain a financial reserve for emergency use, the
258	total of which must not exceed 50 percent of the council's
259	anticipated annual income.
260	7.  Appoint advisory groups composed of representatives
261	from organizations, institutions, governments, or businesses
262	related to or interested in the welfare of the beef industry and
263	the consuming public.
264	8.  Employ subordinate officers and employees of the
265	council, prescribe their duties, and fix their compensation and
266	terms of employment.
267	9.  Cooperate with any local, state, regional, or
268	nationwide organization or agency engaged in work or activities
269	consistent with the objectives of the program.
270	10.  Cause any duly authorized agent or representative to
271	enter upon the premises of any market agency, market agent,
272	collection agency, or collection agent and examine or cause to
273	be examined by the authorized agent only books, papers, and
274	records that deal with the payment of the assessment provided
275	for in this act or with the enforcement of this act.
276	11.  Do all other things necessary to further the intent of
277	this act which are not prohibited by law.
278	(8)  ACCEPTANCE OF GRANTS AND GIFTS.--The council may
279	accept grants, donations, contributions, or gifts from any
280	source if the use of such resources is not restricted in any
281	manner that the council considers to be inconsistent with the
282	objectives of the program.
283	(9)  PAYMENTS TO ORGANIZATIONS.--
284	(a)  The council may pay funds to other organizations for
285	work or services performed which are consistent with the
286	objectives of the program.
287	(b)  Before making payments described in this subsection,
288	the council must secure a written agreement that the
289	organization receiving payment will:
290	1.  Furnish at least annually, or more frequently on
291	request of the council, written or printed reports of program
292	activities and reports of financial data that are relative to
293	the council's funding of such activities; and
294	2.  Agree to have appropriate representatives attend
295	business meetings of the council as reasonably requested by the
296	chairperson of the council.
297	(c)  The council may require adequate proof of security
298	bonding on funds paid to any individual, business, or other
299	organization.
300	(10)  COLLECTION OF MONEYS AT TIME OF MARKETING.--
301	(a)  Each marketing agency licensed to do business in this
302	state shall deduct from the gross receipts of the seller, at the
303	time of sale, an assessment established by referendum in an
304	amount of up to $1 per head, as recommended by the council, on
305	all cattle marketed in this state.
306	(b)  The collecting agent shall collect all such moneys and
307	forward them to the council periodically, at least once a month,
308	and the council shall provide appropriate business forms for the
309	convenience of the collecting agent in executing this duty.
310	Failure of the collecting agent to deduct or forward funds under
311	this subsection is grounds for the council to request that the
312	department suspend or refuse to issue the collecting agent's
313	license.
314	(c)  The council shall maintain within its financial
315	records a separate accounting of all moneys received under this
316	subsection.
317	(d)  Any due and payable assessment required under this act
318	constitutes a personal debt of the person who is so assessed or
319	who otherwise owes the assessment. If a person fails to remit
320	any properly due assessment, the council may bring a civil
321	action against that person in the circuit court of any county
322	for the collection thereof, and may add a penalty in the amount
323	of 10 percent of the assessment owed, the cost of enforcing the
324	collection of the assessment, and court costs. The action shall
325	be tried and judgment rendered as in any other cause of action
326	for debts due and payable. All assessments, penalties, and
327	enforcement costs are due and payable to the council.
328	(e)  All moneys deducted under this subsection are
329	considered to be bona fide business expenses for the seller as
330	provided for under the tax laws of this state.
331	(f)  The council may adopt reciprocal agreements with other
332	beef councils or similar organizations relating to moneys
333	collected at Florida collecting agencies on cattle from other
334	states and to Florida cattle sold at other state markets.
335	(11)  REFUNDS.--
336	(a)  A seller of cattle who has had moneys deducted from
337	his or her gross sales receipts under this act is entitled to a
338	prompt and full refund on request.
339	(b)  The council shall make available to all collecting
340	agents business forms permitting requests for refund, which
341	forms are to be submitted by the objecting cattle producer or
342	owner within 45 days after the sale transaction takes place.
343	(c)  A refund claim made by the cattle producer or owner
344	must include the claimant's signature, date of sale, place of
345	sale, number of cattle, and amount of assessment deducted, and
346	must have attached thereto proof of the assessment deducted.
347	(d)  If the council has reasonable doubt that a refund
348	claim is valid, it may withhold payment and take such action as
349	it considers necessary to determine the validity of the claim.
350	(e)  Only the producer may initiate a request for refund.
351	(12)  VOTE ON CONTINUING THE ACT.--Upon the delivery by
352	certified mail to the Florida Beef Council office of petitions
353	from at least 15 counties containing signatures of at least 200
354	beef producers from each county and stating "Shall the Beef
355	Market Development Act continue," the council shall, within 90
356	days, conduct a referendum to determine whether a majority of
357	the beef producers voting in the referendum support the
358	continuation of the Beef Market Development Act. A referendum
359	held under this subsection may not be held more than one time in
360	each 5-year period. Qualifications for signature and vote are
361	the same as those required in subsection (6).
362	(13)  BYLAWS.--The Florida Beef Council shall, within 90
363	days after this act becomes a law, adopt bylaws to carry out the
364	intents and purposes of this act. These bylaws may be amended
365	with a 30-day notice to board members at any regular or special
366	meeting called for this purpose. The bylaws must conform to the
367	requirements of this act, but may also address any matter not in
368	conflict with the general laws of this state.
369	Section 2.  This act shall take effect upon becoming a law;
370	however, an assessment on head of cattle sold may not be imposed
371	under this act, nor may a referendum relating to such
372	assessments be conducted, before the effective date of
373	dissolution of the Beef Promotion and Research Act of 1985, Pub.
374	L. No. 99-198, which date shall be determined by the Florida
375	Commissioner of Agriculture.

CODING: Words stricken are deletions; words underlined are additions.