Bill Text: FL S1220 | 2015 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Cattle Market Development Act
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2015-05-01 - Died on Calendar [S1220 Detail]
Download: Florida-2015-S1220-Introduced.html
Bill Title: Cattle Market Development Act
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2015-05-01 - Died on Calendar [S1220 Detail]
Download: Florida-2015-S1220-Introduced.html
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.
