Senate Bill sb1770
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1770
By Senators Argenziano, Dockery, Crist, Hill, Bullard,
Wasserman Schultz, Siplin, Pruitt, Aronberg, Posey, Smith,
Peaden, Campbell, Alexander and Bennett
3-857-04
1 A bill to be entitled
2 An act relating to the Florida beef industry;
3 creating s. 570.9135, F.S.; providing a short
4 title; providing legislative intent; defining
5 terms; creating the Florida Beef Council, Inc.;
6 providing purposes; providing powers and duties
7 of the council and restrictions upon actions of
8 the council; providing for a board of directors
9 of the council; providing for a referendum on
10 assessments proposed to be deducted from the
11 sale of each head of cattle; allowing the
12 council to accept grants and gifts; providing
13 guidelines for payments to other organizations;
14 providing for the collection of assessments at
15 the time of marketing; providing duties of
16 marketing agents and collecting agents;
17 requiring the council to maintain a separate
18 accounting of moneys received from assessments;
19 providing for legal action to collect
20 delinquent assessments; providing for the
21 collection of penalties, enforcement costs, and
22 court costs; providing for refunds; providing
23 for a referendum on continuing this act;
24 providing for council bylaws; providing a
25 contingent effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Section 570.9135, Florida Statutes, is
30 created to read:
31
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1770
3-857-04
1 570.9135 Beef Market Development Act; definitions;
2 Florida Beef Council, Inc., creation, purposes, governing
3 board, powers, and duties; referendum on assessments imposed
4 on gross receipts from cattle sales; payments to organizations
5 for services; collecting and refunding assessments; vote on
6 continuing the act; council bylaws.--
7 (1) SHORT TITLE.--This act may be cited as the "Beef
8 Market Development Act."
9 (2) LEGISLATIVE INTENT.--The Legislature intends by
10 this act to promote the growth of the cattle industry in this
11 state; to assure the public an adequate and wholesome food
12 supply; to provide for the general economic welfare of
13 producers and consumers of beef and the state; and to provide
14 the beef cattle production and feeding industry of this state
15 with the authority to establish a self-financed, self-governed
16 program to help develop, maintain, and expand the state,
17 national, and foreign markets for beef and beef products that
18 are produced, processed, or manufactured in this state.
19 (3) DEFINITIONS.--As used in this act, the term:
20 (a) "Beef" or "beef products" means the products of
21 beef intended for human consumption which are derived from any
22 bovine animal, regardless of age, including, but not limited
23 to, veal.
24 (b) "Cattle" means such animals as are so designated
25 by federal law, including any marketing, promotion, and
26 research orders as are in effect. Unless such federal law
27 provides to the contrary, the term "cattle" includes all
28 bovine animals, regardless of age, including, but not limited
29 to, calves. A cow and nursing calf sold together are
30 considered one unit.
31 (c) "Council" means the Florida Beef Council, Inc.
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1770
3-857-04
1 (d) "Department" means the Department of Agriculture
2 and Consumer Services.
3 (e) "Market agent," "market agency," "collection
4 agent," or "collection agency" means a person who sells,
5 offers for sale, markets, distributes, trades, or processes
6 cattle that have been purchased or acquired from a producer or
7 that are marketed on behalf of a producer. The terms also
8 include meatpacking firms and their agents which purchase or
9 consign to purchase cattle.
10 (f) "Person" means any natural person, partnership,
11 corporation, company, association, society, trust, or other
12 business unit or organization.
13 (g) "Producer" means a person that has owned or sold
14 cattle in the previous calendar year or presently owns cattle.
15 (4) FLORIDA BEEF COUNCIL, INC.; CREATION; PURPOSES.--
16 (a) There is created the Florida Beef Council, Inc., a
17 not-for-profit corporation organized under the laws of this
18 state and operating as a direct-service organization of the
19 department.
20 (b) The intents and purposes of this act shall be
21 financed through an assessment imposed on each head of cattle
22 sold in this state, which assessment must be approved by a
23 simple majority vote of beef producers in this state.
24 (c) The purposes and objectives of the program are to:
25 1. Plan, implement, and conduct programs of promotion,
26 research, and consumer information or industry information
27 which are designed to strengthen the cattle industry's market
28 position in this state and in the nation and to maintain and
29 expand domestic and foreign markets and uses for beef and beef
30 products.
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1770
3-857-04
1 2. Administer and receive assessments from any cattle
2 sold in this state for the purpose of funding cattle
3 production and beef research, education, promotion, and
4 consumer and industry information in this state and in the
5 nation.
6 3. Develop, implement, and monitor the
7 assessment-collection system for this state.
8 4. Plan and implement a cattle and beef industry
9 feedback program in this state.
10 5. Coordinate the assessment system for this state
11 with any national program, as well as with other states, so as
12 to coordinate research, education, promotion, industry, and
13 consumer information programs.
14 6. Develop new uses and markets for beef and beef
15 products.
16 7. Develop and improve methods of distributing beef
17 and beef products to the consumer.
18 8. Develop methods of improving the quality of beef
19 and beef products for the benefit of consumers.
20 9. Inform and educate the public concerning the
21 nutritive and economic values of beef and beef products.
22 10. Serve as a liaison within the beef and other food
23 industries of the state and elsewhere in matters that would
24 increase efficiencies that ultimately benefit both consumers
25 and industry.
26 11. Establish the amount per head for an assessment to
27 be collected for this state.
28 12. Coordinate collection of assessments among
29 neighboring states.
30 13. Establish refund procedures and criteria for any
31 producer from whom an assessment has been collected.
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1770
3-857-04
1 14. Buy, sell, mortgage, rent, or improve, in any
2 manner that the council considers expedient, real property or
3 personal property, or both.
4 15. Publish and distribute such papers or periodicals
5 as the board of directors considers necessary to encourage and
6 accomplish the purposes of the council.
7 16. Do all other acts necessary or expedient for the
8 administration of the affairs and attainment of the purposes
9 of the council.
10 17. Approve an annual plan, budget, and audit for the
11 council.
12 (d)1. The council may not participate in or intervene
13 in any political campaign on behalf of or in opposition to any
14 candidate for public office. This restriction includes, but is
15 not limited to, a prohibition against publishing or
16 distributing any statements.
17 2. No part of the net receipts of the council shall
18 inure to the benefit of or be distributable to its directors,
19 its officers, or other private persons, except that the
20 council may pay reasonable compensation for services rendered
21 by staff employees and may make payments and distributions in
22 furtherance of the purposes of this act.
23 3. Notwithstanding any other provision of law, the
24 council may not carry on any other activities not permitted to
25 be carried on:
26 a. By a corporation exempt from federal income tax
27 under s. 501(c)(3) of the Internal Revenue Code of 1986, as
28 amended; or
29 b. By a corporation to which contributions are
30 deductible under s. 170(c)(2) of the Internal Revenue Code of
31 1986, as amended.
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1770
3-857-04
1 4. Notwithstanding any other statement of the purposes
2 and responsibilities of the council, the council may not
3 engage in any activities or exercise any powers that are not
4 in furtherance of its specific and primary purposes.
5 (5) GOVERNING BOARD.--
6 (a) The Florida Beef Council, Inc., shall be governed
7 by a board of directors composed of 13 members, including 8
8 representatives of the Florida Cattlemen's Association, of
9 whom one is a representative of the Florida Association of
10 Livestock Markets; one a representative of the Dairy Farmers,
11 Inc.; one a representative of the Florida CattleWomen, Inc.;
12 one a representative of the Florida Farm Bureau Federation;
13 one an allied-industry representative; and one an Institute of
14 Food and Agricultural Sciences representative.
15 (b) The initial board of directors shall be appointed
16 by the Commissioner of Agriculture for a term of 1 year. Each
17 subsequent vacancy shall be filled in accordance with the
18 bylaws of the council. Thereafter, each board member shall be
19 appointed to serve a 3-year term and may be reappointed to
20 serve an additional consecutive term. A member may not serve
21 more than two consecutive terms. A member must be a resident
22 of this state and must be a beef producer who has been a beef
23 producer for at least the 5 years immediately preceding the
24 first day of his or her service on the board, except that the
25 representative of the Florida Farm Bureau Federation, the
26 allied-industry representative, and the Institute of Food and
27 Agricultural Sciences representative need not be beef
28 producers. All beef council board positions shall be
29 unsalaried; however, the board members are entitled to
30 reimbursement as provided in s. 112.061 for travel and other
31
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1770
3-857-04
1 expenses incurred in carrying out the intents and purposes of
2 this act.
3 (c) The council shall provide for its officers through
4 its bylaws, including the ability to set forth offices and
5 responsibilities and form committees necessary for the
6 implementation of this act. The Commissioner of Agriculture
7 may designate an exofficio nonvoting member of the board of
8 directors.
9 (d) If a member of the board misses three consecutive,
10 officially called meetings, the board of directors may declare
11 that position vacant.
12 (6) REFERENDUM ON ASSESSMENTS.--All beef producers in
13 this state shall have the opportunity to vote in a referendum
14 to determine the amount of assessments to be deducted from the
15 gross receipts of the sale of cattle in this state to be used
16 to finance this act.
17 (a) A referendum held under this section must be
18 conducted by secret ballot at extension offices of the
19 Institute of Food and Agricultural Sciences of the University
20 of Florida or at offices of the United States Department of
21 Agriculture with the cooperation of the department.
22 (b) Notice of a referendum to be held under this act
23 must be given at least once in trade publications, the public
24 press, and statewide newspapers at least 30 days before the
25 referendum is held.
26 (c) Only one referendum on a prospective increase in
27 the amount of assessments to be deducted from the gross
28 receipts of the sale of cattle in this state may be conducted
29 in a 5-year period.
30
31
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1770
3-857-04
1 (d) Each cattle producer is entitled to only one vote
2 in a referendum held under this act. Proof of identification
3 and cattle ownership must be presented before voting.
4 (e) A simple majority of those casting ballots shall
5 determine any issue that requires a referendum under this act.
6 (7) POWERS AND DUTIES OF THE COUNCIL.--
7 (a) The council shall:
8 1. Receive and disburse funds, as prescribed elsewhere
9 in this act, to be used in administering and implementing the
10 act.
11 2. Maintain a permanent record of its business
12 proceedings.
13 3. Maintain a permanent, detailed record of its
14 financial dealings.
15 4. Prepare periodic reports and an annual report of
16 its activities for the fiscal year, for review by the beef
17 industry in this state, and file its annual report with the
18 department.
19 5. Prepare, for review by the beef industry in this
20 state, periodic reports and an annual accounting for each
21 fiscal year of all receipts and expenditures, and shall retain
22 a certified public accountant for this purpose.
23 6. Appoint a licensed banking institution to serve as
24 the depository for program funds and to handle disbursements
25 of those funds.
26 7. Maintain frequent communication with officers and
27 industry representatives at the state and national levels,
28 including the department.
29 8. Maintain an office in this state.
30 (b) The council may:
31
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1770
3-857-04
1 1. Conduct or contract for scientific research with
2 any accredited university, college, or similar institution,
3 and enter into other contracts or agreements that will aid in
4 carrying out the purposes of the program, including contracts
5 for the purchase or acquisition of facilities or equipment
6 necessary to carry out the purposes of the program.
7 2. Disseminate reliable information benefiting the
8 consumer and the beef industry on subjects such as, but not
9 limited to, the purchase, identification, care, storage,
10 handling, cookery, preparation, serving, and nutritive value
11 of beef and beef products.
12 3. Provide to government bodies, on request,
13 information relating to subjects of concern to the beef
14 industry, and may act jointly or in cooperation with the state
15 or Federal Government, and agencies thereof, in the
16 development or administration of programs that the council
17 considers to be consistent with the objectives of the program.
18 4. Sue and be sued as a council without individual
19 liability of the members for acts of the council when acting
20 within the scope of the powers of this act and in the manner
21 prescribed by the laws of this state.
22 5. Borrow from licensed lending institutions money in
23 amounts that are not cumulatively greater than 50 percent of
24 the council's anticipated annual income.
25 6. Maintain a financial reserve for emergency use, the
26 total of which must not exceed 50 percent of the council's
27 anticipated annual income.
28 7. Appoint advisory groups composed of representatives
29 from organizations, institutions, governments, or businesses
30 related to or interested in the welfare of the beef industry
31 and the consuming public.
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1770
3-857-04
1 8. Employ subordinate officers and employees of the
2 council, prescribe their duties, and fix their compensation
3 and terms of employment.
4 9. Cooperate with any local, state, regional, or
5 nationwide organization or agency engaged in work or
6 activities consistent with the objectives of the program.
7 10. Cause any duly authorized agent or representative
8 to enter upon the premises of any market agency, market agent,
9 collection agency, or collection agent and examine or cause to
10 be examined by the authorized agent only books, papers, and
11 records that deal with the payment of the assessment provided
12 for in this act or with the enforcement of this act.
13 11. Do all other things necessary to further the
14 intent of this act which are not prohibited by law.
15 (8) ACCEPTANCE OF GRANTS AND GIFTS.--The council may
16 accept grants, donations, contributions, or gifts from any
17 source if the use of such resources is not restricted in any
18 manner that the council considers to be inconsistent with the
19 objectives of the program.
20 (9) PAYMENTS TO ORGANIZATIONS.--
21 (a) The council may pay funds to other organizations
22 for work or services performed which are consistent with the
23 objectives of the program.
24 (b) Before making payments described in this
25 subsection, the council must secure a written agreement that
26 the organization receiving payment will:
27 1. Furnish at least annually, or more frequently on
28 request of the council, written or printed reports of program
29 activities and reports of financial data that are relative to
30 the council's funding of such activities; and
31
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1770
3-857-04
1 2. Agree to have appropriate representatives attend
2 business meetings of the council as reasonably requested by
3 the chairperson of the council.
4 (c) The council may require adequate proof of security
5 bonding on funds paid to any individual, business, or other
6 organization.
7 (10) COLLECTION OF MONEYS AT TIME OF MARKETING.--
8 (a) Each marketing agency licensed to do business in
9 this state shall deduct from the gross receipts of the seller,
10 at the time of sale, an assessment established by referendum
11 in an amount of up to $1 per head, as recommended by the
12 council, on all cattle marketed in this state.
13 (b) The collecting agent shall collect all such moneys
14 and forward them to the council periodically, at least once a
15 month, and the council shall provide appropriate business
16 forms for the convenience of the collecting agent in executing
17 this duty. Failure of the collecting agent to deduct or
18 forward funds under this subsection is grounds for the council
19 to request that the department suspend or refuse to issue the
20 collecting agent's license.
21 (c) The council shall maintain within its financial
22 records a separate accounting of all moneys received under
23 this subsection.
24 (d) Any due and payable assessment required under this
25 act constitutes a personal debt of the person who is so
26 assessed or who otherwise owes the assessment. If a person
27 fails to remit any properly due assessment, the council may
28 bring a civil action against that person in the circuit court
29 of any county for the collection thereof, and may add a
30 penalty in the amount of 10 percent of the assessment owed,
31 the cost of enforcing the collection of the assessment, and
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1770
3-857-04
1 court costs. The action shall be tried and judgment rendered
2 as in any other cause of action for debts due and payable. All
3 assessments, penalties, and enforcement costs are due and
4 payable to the council.
5 (e) All moneys deducted under this subsection are
6 considered to be bona fide business expenses for the seller as
7 provided for under the tax laws of this state.
8 (f) The council may adopt reciprocal agreements with
9 other beef councils or similar organizations relating to
10 moneys collected at Florida collecting agencies on cattle from
11 other states and to Florida cattle sold at other state
12 markets.
13 (11) REFUNDS.--
14 (a) A seller of cattle who has had moneys deducted
15 from his gross sales receipts under this act is entitled to a
16 prompt and full refund on request.
17 (b) The council shall make available to all collecting
18 agents business forms permitting requests for refund, which
19 forms are to be submitted by the objecting cattle producer or
20 owner within 45 days after the sale transaction takes place.
21 (c) A refund claim made by the cattle producer or
22 owner must include the claimant's signature, date of sale,
23 place of sale, number of cattle, and amount of assessment
24 deducted, and must have attached thereto proof of the
25 assessment deducted.
26 (d) If the council has reasonable doubt that a refund
27 claim is valid, it may withhold payment and take such action
28 as it considers necessary to determine the validity of the
29 claim.
30 (e) Only the producer may initiate a request for
31 refund.
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1770
3-857-04
1 (12) VOTE ON CONTINUING THE ACT.--Upon the delivery by
2 certified mail to the Florida Beef Council office of petitions
3 from at least 15 counties containing signatures of at least
4 200 beef producers from each county and stating "Shall the
5 Beef Market Development Act continue," the council shall,
6 within 90 days, conduct a referendum to determine whether a
7 majority of the beef producers voting in the referendum
8 support the continuation of the Beef Market Development Act. A
9 referendum held under this subsection may not be held more
10 than one time in each 5-year period. Qualifications for
11 signature and vote are the same as those required in
12 subsection (6).
13 (13) BYLAWS.--The Florida Beef Council shall, within
14 90 days after this act becomes a law, adopt bylaws to carry
15 out the intents and purposes of this act. These bylaws may be
16 amended with a 30-day notice to board members at any regular
17 or special meeting called for this purpose. The bylaws must
18 conform to the requirements of this act, but may also address
19 any matter not in conflict with the general laws of this
20 state.
21 Section 2. This act shall take effect upon becoming a
22 law; however, an assessment on head of cattle sold may not be
23 imposed under this act, nor may a referendum relating to such
24 assessments be conducted, before the effective date of
25 dissolution of the Beef Promotion and Research Act of 1985,
26 Pub. L. No. 99-198, which date shall be determined by the
27 Florida Commissioner of Agriculture.
28
29
30
31
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1770
3-857-04
1 *****************************************
2 SENATE SUMMARY
3 Creates the "Beef Market Development Act." Creates the
Florida Beef Council, Inc. Provides for a program of
4 assessing fees on the sale of cattle, contingent on the
dissolution of a federal program. (See bill for details.)
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
14
CODING: Words stricken are deletions; words underlined are additions.