Florida Senate - 2015                                    SB 1220
       
       
        
       By Senator Grimsley
       
       
       
       
       
       21-01246A-15                                          20151220__
    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; authorizing the Cattle Enhancement Board to
   10         impose additional assessments; revising the powers and
   11         duties of the board; providing for the Commissioner of
   12         Agriculture to appoint a voting member rather than an
   13         ex officio, nonvoting member to the governing board of
   14         the Cattle Enhancement Board; providing for staggered
   15         terms of governing board members; providing for
   16         initial and subsequent appointment of governing board
   17         members; authorizing the commissioner to initiate a
   18         referendum on assessments with certain notice;
   19         directing the commissioner to designate a specified
   20         number of days for a referendum to take place;
   21         limiting referenda on per-head-of-cattle assessments
   22         to once every 3 years; removing provisions requiring
   23         the board to maintain frequent communication with
   24         officers and industry representatives at the state and
   25         national levels; removing provisions authorizing the
   26         board to sue and be sued without individual liability
   27         of the members, to maintain a financial reserve for
   28         emergency use, to appoint advisory groups, to accept
   29         grants, donations, contributions, or gifts from any
   30         source, and to pay other organizations for work or
   31         services; specifying a date by which collection agents
   32         must collect and forward assessments to the board;
   33         removing provisions entitling collection agents to
   34         deduct a fee from the amount of assessments collected;
   35         removing a future repeal; providing an effective date.
   36          
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Section 570.83, Florida Statutes, is amended to
   40  read:
   41         570.83 Cattle Beef Market Development Act; definitions;
   42  Florida Cattle Enhancement Board Beef Council, Inc., creation,
   43  purposes, governing board, powers, and duties; referendum on
   44  assessments imposed on gross receipts from cattle sales;
   45  payments to organizations for services; collecting and refunding
   46  assessments; vote on continuing the act; board council bylaws.—
   47         (1) SHORT TITLE POPULAR NAME.—This section act may be cited
   48  as the “Cattle Beef Market Development Act.”
   49         (2) LEGISLATIVE INTENT.—The Legislature intends by this act
   50  to promote the growth of the cattle industry in this state; to
   51  assure the public an adequate and wholesome food supply; to
   52  provide for the general economic welfare of producers and
   53  consumers of beef and the state; and to provide the beef cattle
   54  production and feeding industry of this state with the authority
   55  to establish a self-financed, self-governed program to help
   56  develop, maintain, and expand the state, national, and foreign
   57  markets for beef and beef products that are produced, processed,
   58  or manufactured in this state.
   59         (3) DEFINITIONS.—As used in this section act, the term:
   60         (a) “Beef” or “beef products” means the products of beef
   61  intended for human consumption which are derived from any bovine
   62  animal, regardless of age, including, but not limited to, veal.
   63         (c)(b) “Cattle” means such animals as are so designated by
   64  federal law, including any marketing, promotion, and research
   65  orders as are in effect. Unless such federal law provides to the
   66  contrary, the term “cattle” includes all bovine animals,
   67  regardless of age, including, but not limited to, calves. A cow
   68  and nursing calf sold together are considered one unit.
   69         (b)(c)“Board” or “Florida Cattle Enhancement Board”
   70  “Council” means the Florida Cattle Enhancement Board Beef
   71  Council, Inc.
   72         (e)(d) “Department” means the Department of Agriculture and
   73  Consumer Services.
   74         (d)(e) “Collection agent” means a person who sells, offers
   75  for sale, markets, distributes, trades, or processes cattle that
   76  have been purchased or acquired from a producer or that are
   77  marketed on behalf of a producer. The term also includes
   78  meatpacking firms and their agents that purchase or consign to
   79  purchase cattle.
   80         (f) “Person” means any natural person, partnership,
   81  corporation, company, association, society, trust, or other
   82  business unit or organization.
   83         (g) “Producer” means a person that has owned or sold cattle
   84  in the previous calendar year or presently owns cattle.
   85         (4) FLORIDA CATTLE ENHANCEMENT BOARD BEEF COUNCIL, INC.;
   86  CREATION; PURPOSES.—
   87         (a) There is created the Florida Cattle Enhancement Board
   88  Beef Council, Inc., a not-for-profit corporation organized under
   89  the laws of this state for the purpose of and operating as a
   90  direct-support organization to of the department pursuant to
   91  this section.
   92         (b) The board may council is authorized to impose an
   93  initial assessment, in addition to any other assessment provided
   94  by law, of not more than $1 on each head of cattle sold in the
   95  state if the imposition of the assessment is approved by
   96  referendum pursuant to subsection (6). The proceeds of the
   97  assessment shall be used to fund the activities of the board
   98  council. The council shall:
   99         1. Establish the amount of the assessment at not more than
  100  $1 per head of cattle.
  101         2. Develop, implement, and monitor a collection system for
  102  the assessment.
  103         3. Coordinate the collection of the assessment with other
  104  states.
  105         4. Establish refund procedures.
  106         5. Conduct referenda under subsections (6) and (12).
  107         (c) The council shall:
  108         1. Plan, implement, and conduct programs of promotion,
  109  research, and consumer information or industry information which
  110  are designed to strengthen the cattle industry’s market position
  111  in this state and in the nation and to maintain and expand
  112  domestic and foreign markets and expand uses for beef and beef
  113  products.
  114         2. Use the proceeds of the assessment for the purpose of
  115  funding cattle production and beef research, education,
  116  promotion, and consumer and industry information in this state
  117  and in the nation.
  118         3. Plan and implement a cattle and beef industry feedback
  119  program in this state.
  120         4. Coordinate research, education, promotion, industry, and
  121  consumer information programs with any national programs or
  122  programs of other states.
  123         5. Develop new uses and markets for beef and beef products.
  124         6. Develop and improve methods of distributing beef and
  125  beef products to the consumer.
  126         7. Develop methods of improving the quality of beef and
  127  beef products for the benefit of consumers.
  128         8. Inform and educate the public concerning the nutritive
  129  and economic values of beef and beef products.
  130         9. Serve as a liaison within the beef and other food
  131  industries of the state and elsewhere in matters that would
  132  increase efficiencies that ultimately benefit both consumers and
  133  industry.
  134         10. Buy, sell, mortgage, rent, or improve, in any manner
  135  that the council considers expedient, real property or personal
  136  property, or both.
  137         11. Publish and distribute such papers or periodicals as
  138  the board of directors considers necessary to encourage and
  139  accomplish the purposes of the council.
  140         12. Do all other acts necessary or expedient for the
  141  administration of the affairs and attainment of the purposes of
  142  the council.
  143         13. Approve an annual plan, budget, and audit for the
  144  council.
  145         (c)(d)1. The board council may not participate in or
  146  intervene in any political campaign on behalf of or in
  147  opposition to any candidate for public office. This restriction
  148  includes, but is not limited to, a prohibition against
  149  publishing or distributing any statements.
  150         (d)2.No part of The net receipts of the board may not
  151  council shall inure to the benefit of or be distributable to its
  152  directors, its officers, or other private persons, except that
  153  the board council may pay reasonable compensation for services
  154  rendered by staff employees and may make payments and
  155  distributions in furtherance of the purposes of this section
  156  act.
  157         (e)3. Notwithstanding any other provision of law, the board
  158  council may not carry on any other activities prohibited for not
  159  permitted to be carried on:
  160         1.a.By A corporation exempt from federal income tax under
  161  s. 501(c)(3) of the Internal Revenue Code of 1986, as amended;
  162  or
  163         2.b.By A corporation to which contributions are deductible
  164  under s. 170(c)(2) of the Internal Revenue Code of 1986, as
  165  amended.
  166         (f)4. Notwithstanding any other statement of the purposes
  167  and responsibilities of the board council, the board council may
  168  not engage in any activities or exercise any powers that are not
  169  in furtherance of its specific and primary purposes.
  170         (5) GOVERNING BOARD.—
  171         (a) The Florida Cattle Enhancement Board Beef Council,
  172  Inc., shall be governed by a board of directors composed of 14
  173  13 members as follows:
  174         1. Eight, including 8 representatives of the Florida
  175  Cattlemen’s Association, of whom one is a representative of the
  176  Florida Association of Livestock Markets and one is a practicing
  177  order buyer.;
  178         2. One a representative of the Dairy Farmers, Inc.;
  179         3. One a representative of the Florida CattleWomen, Inc.;
  180         4. One a representative of the Florida Farm Bureau
  181  Federation.;
  182         5. One representative of an allied-industry.
  183         6. One representative of the department appointed by the
  184  Commissioner of Agriculture. representative; and
  185         7. One representative of the an Institute of Food and
  186  Agricultural Sciences representative.
  187         (b) The initial board of directors shall be appointed by
  188  the Commissioner of Agriculture for staggered terms a term of 1
  189  year for three members, 2 years for three members, 3 years for
  190  four members, and 4 years for four members. Each subsequent
  191  vacancy shall be filled in accordance with the bylaws of the
  192  Florida Cattle Enhancement Board council. Thereafter, each board
  193  member of the board of directors shall be appointed by the
  194  Florida Cattle Enhancement Board to serve a 3-year term and may
  195  be reappointed to serve an additional consecutive term. A member
  196  may not serve more than two consecutive terms. A member must be
  197  a resident of this state and must be a producer who has been a
  198  producer for at least the 5 years immediately preceding the
  199  first day of his or her service on the board, except that the
  200  representative of the Florida Farm Bureau Federation, the
  201  allied-industry representative, the department representative,
  202  and the Institute of Food and Agricultural Sciences
  203  representative need not be producers. All members of the beef
  204  council board of directors positions shall serve without
  205  compensation but be unsalaried ; however, the board members are
  206  entitled to reimbursement as provided in s. 112.061 for travel
  207  and other expenses incurred in carrying out the intents and
  208  purposes of this section act.
  209         (c) The Florida Cattle Enhancement Board council shall
  210  provide for its officers through its bylaws, including the
  211  ability to set forth offices and responsibilities and form
  212  committees necessary for the implementation of this section act.
  213  The Commissioner of Agriculture may designate an ex officio
  214  nonvoting member of the board of directors.
  215         (d) If a member of the board of directors misses three
  216  consecutive, officially called meetings, the board of directors
  217  may declare that position vacant.
  218         (6) REFERENDUM ON ASSESSMENTS.—
  219         (a) All producers in this state shall have the opportunity
  220  to vote in a referendum to determine whether the Florida Cattle
  221  Enhancement Board may council shall be authorized to impose an
  222  assessment of not more than $1 per head on cattle sold in the
  223  state. The referendum shall pose the question: “Do you approve
  224  of a Florida an assessment program, up to $1 per head of cattle
  225  pursuant to section 570.83, Florida Statutes, to be funded
  226  through specific contributions that are mandatory and refundable
  227  upon request?” The initial referendum under this paragraph shall
  228  take place within 180 days after July 1, 2015. Such referendum
  229  may not be held more often than once every 3 years.
  230         (b) Additional referenda may be held to authorize the board
  231  to increase the assessment to more than $1 per head of cattle if
  232  the board receives petitions from at least 1,800 producers or 10
  233  percent of Florida’s producers as determined by the department,
  234  whichever is less, requesting an increase in the assessment or
  235  if the board, by a two-thirds vote of its voting members,
  236  approves a motion to increase the assessment. All petition
  237  signatures must be collected within a consecutive 12-month
  238  period. The referendum shall pose the question: “Do you approve
  239  of granting the Florida Cattle Enhancement Board, Inc.,
  240  authority to increase the per-head-of-cattle assessment pursuant
  241  to section 570.83, Florida Statutes, from ...(present rate)...
  242  to up to a maximum of ...(proposed rate)... per head?” Such
  243  referendum may not be held more often than once every 3 years.
  244         (c) If the board receives petitions from at least 1,800
  245  producers or 10 percent of Florida’s producers as determined by
  246  the department, whichever is less, asking, “Shall the assessment
  247  authorized by the Cattle Market Development Act continue?” the
  248  board shall, within 90 days, conduct a referendum to determine
  249  whether a majority of the producers voting in the referendum
  250  support the continuation of the Cattle Market Development Act.
  251  All petition signatures must be collected within a consecutive
  252  12-month period. Such referendum may not be held more often than
  253  once every 3 years.
  254         (d) The Commissioner of Agriculture may initiate a
  255  referendum with a 90-day notice, but not more often that once
  256  every 3 years.
  257         (e)(a) A referendum held under this subsection section must
  258  be conducted by secret ballot at extension offices of the
  259  Institute of Food and Agricultural Sciences of the University of
  260  Florida or at offices of the United States Department of
  261  Agriculture with the cooperation of the department to ensure
  262  fairness in the referendum process.
  263         (f) The Commissioner of Agriculture shall designate at
  264  least 5 but not more than 10 consecutive business days for the
  265  referendum to take place.
  266         (g)(b) Notice of a referendum to be held under this act
  267  must be given at least once in trade publications, the public
  268  press, and statewide newspapers at least 30 days before the
  269  referendum is held.
  270         (c) Additional referenda may be held to authorize the
  271  council to increase the assessment to more than $1 per head of
  272  cattle. Such referendum shall pose the question: “Do you approve
  273  of granting the Florida Beef Council, Inc., authority to
  274  increase the per-head-of-cattle assessment pursuant to section
  275  570.83, Florida Statutes, from ...(present rate)... to up to a
  276  maximum of ...(proposed rate)... per head?” Referenda may not be
  277  held more often than once every 3 years.
  278         (h)(d) Each cattle producer is entitled to only one vote in
  279  a referendum held under this subsection section. Proof of
  280  identification and cattle ownership must be presented before
  281  voting.
  282         (i)(e) A simple majority of those casting ballots shall
  283  determine any issue that requires a referendum under this
  284  subsection section.
  285         (7) POWERS AND DUTIES OF THE BOARD COUNCIL.—
  286         (a) The board council shall:
  287         1. Establish the amount of the assessment at not more than
  288  $1 per head of cattle.
  289         2. Develop, implement, and monitor a collection system for
  290  the assessment.
  291         3. Coordinate the collection of the assessment with other
  292  states.
  293         4. Establish refund procedures.
  294         5. Conduct referenda under subsection (6).
  295         6. Plan, implement, and conduct programs of promotion,
  296  research, and consumer and industry information which are
  297  designed to strengthen the market position of the cattle
  298  industry in this state and in the nation and to maintain and
  299  expand domestic and foreign markets and expand uses for beef and
  300  beef products.
  301         7. Use the proceeds of the assessment for the purpose of
  302  funding cattle production and beef research, education,
  303  promotion, and consumer and industry information in this state
  304  and in the nation.
  305         8. Plan and implement a cattle and beef industry feedback
  306  program in this state.
  307         9. Coordinate research, education, promotion, industry, and
  308  consumer information programs with any national programs or
  309  programs of other states.
  310         10. Serve as a liaison within the beef and other food
  311  industries of the state and elsewhere in matters that would
  312  increase efficiencies that ultimately benefit consumers and the
  313  industry.
  314         11. Buy, sell, mortgage, rent, or improve, in any manner
  315  that the board considers expedient, real property or personal
  316  property, or both.
  317         12. Publish and distribute such papers or periodicals as
  318  the board of directors considers necessary to encourage and
  319  accomplish the purposes of the Florida Cattle Enhancement Board.
  320         13.1. Receive and disburse funds, pursuant to as prescribed
  321  elsewhere in this section act, to be used in administering and
  322  implementing this section the act.
  323         2. Maintain a permanent record of its business proceedings.
  324         3. Maintain a permanent, detailed record of its financial
  325  dealings.
  326         4. Prepare periodic reports and an annual report of its
  327  activities for the fiscal year, for review by the beef industry
  328  in this state, and file its annual report with the department.
  329         14.5. Prepare, for review by the cattle beef industry in
  330  this state, periodic reports and an annual accounting for each
  331  fiscal year of all receipts and expenditures to be filed with
  332  the department, and shall retain a certified public accountant
  333  for this purpose.
  334         15.6. Appoint a licensed banking institution to serve as
  335  the depository for program funds and to handle disbursements of
  336  those funds.
  337         7. Maintain frequent communication with officers and
  338  industry representatives at the state and national levels,
  339  including the department.
  340         16.8. Maintain an office in this state.
  341         17. Do all other acts necessary and permitted by law to
  342  further the intent of this section.
  343         (b) The board council may:
  344         1. Conduct or contract for scientific research with any
  345  accredited university, college, or similar institution, and
  346  enter into other contracts or agreements that will aid in
  347  carrying out the purposes of the program, including contracts
  348  for the purchase or acquisition of facilities or equipment
  349  necessary to carry out the purposes of the program.
  350         2. Disseminate reliable information benefiting the consumer
  351  and the beef industry on subjects such as, but not limited to,
  352  the purchase, identification, care, storage, handling, cookery,
  353  preparation, serving, and nutritive value of beef and beef
  354  products.
  355         3. Provide to government bodies, on request, information
  356  relating to subjects of concern to the beef industry, and may
  357  Act jointly or in cooperation with the state or Federal
  358  Government, and agencies thereof, in the development or
  359  administration of programs that the board council considers to
  360  be consistent with the objectives of the program.
  361         4. Sue and be sued as a council without individual
  362  liability of the members for acts of the council when acting
  363  within the scope of the powers of this act and in the manner
  364  prescribed by the laws of this state.
  365         4.5. Borrow from licensed lending institutions money in
  366  amounts that are not cumulatively greater than 50 percent of the
  367  board’s council’s anticipated annual income.
  368         6. Maintain a financial reserve for emergency use, the
  369  total of which must not exceed 50 percent of the council’s
  370  anticipated annual income.
  371         7. Appoint advisory groups composed of representatives from
  372  organizations, institutions, governments, or businesses related
  373  to or interested in the welfare of the beef industry and the
  374  consuming public.
  375         5.8. Employ staff subordinate officers and employees of the
  376  council, prescribe their duties, and fix their compensation and
  377  terms of employment.
  378         6.9. Cooperate with any local, state, regional, or
  379  nationwide organization or agency engaged in work or activities
  380  consistent with the objectives of the program.
  381         7.10. Cause any duly authorized agent or representative to
  382  enter upon the premises of any market agency, market agent,
  383  collection agency, or collection agent and examine or cause to
  384  be examined, only by the authorized agent, only books, papers,
  385  and records that deal with the payment of the assessment
  386  provided for in this section act or with the enforcement of this
  387  section act.
  388         11. Do all other things necessary to further the intent of
  389  this act which are not prohibited by law.
  390         (8) ACCEPTANCE OF GRANTS AND GIFTS.—The council may accept
  391  grants, donations, contributions, or gifts from any source if
  392  the use of such resources is not restricted in any manner that
  393  the council considers to be inconsistent with the objectives of
  394  the program.
  395         (9) PAYMENTS TO ORGANIZATIONS.—
  396         (a) The council may pay funds to other organizations for
  397  work or services performed which are consistent with the
  398  objectives of the program.
  399         (b) Before making payments described in this subsection,
  400  the council must secure a written agreement that the
  401  organization receiving payment will:
  402         1. Furnish at least annually, or more frequently on request
  403  of the council, written or printed reports of program activities
  404  and reports of financial data that are relative to the council’s
  405  funding of such activities; and
  406         2. Agree to have appropriate representatives attend
  407  business meetings of the council as reasonably requested by the
  408  chairperson of the council.
  409         (c) The council may require adequate proof of security
  410  bonding on said funds to any individual, business, or other
  411  organization.
  412         (8)(10) COLLECTION OF MONEYS AT TIME OF MARKETING.—
  413         (a) Each collection agent shall may deduct from the gross
  414  receipts of the producer, at the time of sale, the assessment
  415  imposed by the board council.
  416         (b) The collection agent shall collect all such moneys and
  417  forward them to the board by the 15th of each council
  418  periodically, at least once a month., and The board council
  419  shall provide appropriate business forms for the convenience of
  420  the collecting agent in executing this duty.
  421         (c) The board council shall maintain within its financial
  422  records a separate accounting of all moneys received under this
  423  section subsection.
  424         (d) The assessment is due and payable upon the sale of
  425  cattle in this state. The assessment constitutes a personal debt
  426  of the producer who is so assessed or who otherwise owes the
  427  assessment. If a producer fails to remit any properly due
  428  assessment, the board council may bring a civil action against
  429  that person in the circuit court of any county for the
  430  collection thereof, and may add a penalty in the amount of 10
  431  percent of the assessment owed, the cost of enforcing the
  432  collection of the assessment, court costs, and reasonable
  433  attorney attorney’s fees. The action shall be tried and judgment
  434  rendered as in any other cause of action for debts due and
  435  payable. All assessments, penalties, and enforcement costs are
  436  due and payable to the board council.
  437         (e) The board council may adopt reciprocal agreements with
  438  other beef councils or similar organizations relating to moneys
  439  collected by at Florida collection agents on cattle from other
  440  states and to Florida cattle sold at other state markets.
  441         (f) The collection agents shall be entitled to deduct 2.5
  442  percent of the amount collected to retain as a reasonable
  443  collection allowance prior to remitting the funds to the
  444  council.
  445         (9)(11) REFUNDS.—
  446         (a) A producer who has had moneys deducted from his or her
  447  gross sales receipts under this section act is entitled to a
  448  prompt and full refund on request.
  449         (b) The board council shall make available to all
  450  collection agents business forms for requesting refunds
  451  permitting request for refund, which forms are to be submitted
  452  by the objecting producer within 45 days after the sale
  453  transaction takes place.
  454         (c) A refund claim must include the claimant’s signature,
  455  date of sale, place of sale, number of cattle, and amount of
  456  assessment deducted, and must have attached thereto proof of the
  457  assessment deducted.
  458         (d) If the board council has reasonable doubt that a refund
  459  claim is valid, it may withhold payment and take such action as
  460  it considers necessary to determine the validity of the claim.
  461  Any dispute arising under this subsection shall be determined as
  462  specified in paragraph (8)(d) (10)(d).
  463         (e) The board council shall take action on refund requests
  464  within 30 calendar days following the date of receipt of the
  465  request.
  466         (f) Only the producer may initiate a request for refund.
  467         (12) VOTE ON CONTINUING THE ASSESSMENT.—Upon the delivery
  468  by certified mail to the Florida Beef Council office of
  469  petitions from at least 1,800 producers or 10 percent of
  470  Florida’s producers as determined by the department, whichever
  471  is less, and stating “Shall the assessment authorized by the
  472  Beef Market Development Act continue?” the council shall, within
  473  90 days, conduct a referendum to determine whether a majority of
  474  the producers voting in the referendum support the continuation
  475  of the Beef Market Development Act. All signatures must be
  476  collected within a 12-month period. A referendum held under this
  477  subsection may not be held more than one time in a 3-year
  478  period. Qualifications for signature and vote are the same as
  479  those required in subsection (6).
  480         (10)(13) BYLAWS.—The Florida Cattle Enhancement Board Beef
  481  Council shall, within 90 days after the governing board is
  482  appointed this act becomes a law, adopt bylaws to carry out the
  483  intents and purposes of this section act. The These bylaws may
  484  be amended with a 30-day notice to governing board members at
  485  any regular or special meeting called for such this purpose. The
  486  bylaws must conform to the requirements of this section act but
  487  may also address any matter not in conflict with the general
  488  laws of this state.
  489         (14) REPEAL.—This section is repealed October 1, 2019,
  490  unless reviewed and saved from repeal by the Legislature.
  491         Section 2. This act shall take effect July 1, 2015.