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.