Senate Bill sb1770er

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  1                                 

  2         An act relating to the Florida beef industry;

  3         creating s. 570.9135, F.S.; providing a popular

  4         name; 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 to be deducted from the sale of

11         each head of cattle; allowing the council to

12         accept grants and gifts; providing guidelines

13         for payments to other organizations; providing

14         for the collection of assessments at the time

15         of marketing; providing duties of marketing

16         agents and collecting agents; requiring the

17         council to maintain a separate accounting of

18         moneys received from assessments; providing for

19         legal action to collect delinquent assessments;

20         providing for the collection of penalties,

21         enforcement costs, court costs, and reasonable

22         attorney's fees; providing for a collection

23         allowance; providing for refunds; providing for

24         a referendum on continuing this act; providing

25         for council bylaws; providing a contingent

26         effective date.

27  

28  Be It Enacted by the Legislature of the State of Florida:

29  

30         Section 1.  Section 570.9135, Florida Statutes, is

31  created to read:


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 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)  POPULAR NAME.--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.


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 1         (d)  "Department" means the Department of Agriculture

 2  and Consumer Services.

 3         (e)  "Collection agent" means a person who sells,

 4  offers for sale, markets, distributes, trades, or processes

 5  cattle that have been purchased or acquired from a producer or

 6  that are marketed on behalf of a producer. The term also

 7  includes meatpacking firms and their agents that purchase or

 8  consign to purchase cattle.

 9         (f)  "Person" means any natural person, partnership,

10  corporation, company, association, society, trust, or other

11  business unit or organization.

12         (g)  "Producer" means a person that has owned or sold

13  cattle in the previous calendar year or presently owns cattle.

14         (4)  FLORIDA BEEF COUNCIL, INC.; CREATION; PURPOSES.--

15         (a)  There is created the Florida Beef Council, Inc., a

16  not-for-profit corporation organized under the laws of this

17  state and operating as a direct-service organization of the

18  department.

19         (b)  The council is authorized to impose an assessment

20  of not more than $1 on each head of cattle sold in the state

21  if the imposition of the assessment is approved by referendum

22  pursuant to subsection (6). The proceeds of the assessment

23  shall be used to fund the activities of the council. The

24  council shall:

25         1.  Establish the amount of the assessment at not more

26  than $1 per head of cattle.

27         2.  Develop, implement, and monitor a collection system

28  for the assessment.

29         3.  Coordinate the collection of the assessment with

30  other states.

31         4.  Establish refund procedures.


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 1         5.  Conduct referendums under subsections (6) and (12).

 2         (c)  The council shall:

 3         1.  Plan, implement, and conduct programs of promotion,

 4  research, and consumer information or industry information

 5  which are designed to strengthen the cattle industry's market

 6  position in this state and in the nation and to maintain and

 7  expand domestic and foreign markets and expand uses for beef

 8  and beef products.

 9         2.  Use the proceeds of the assessment for the purpose

10  of funding cattle production and beef research, education,

11  promotion, and consumer and industry information in this state

12  and in the nation.

13         3.  Plan and implement a cattle and beef industry

14  feedback program in this state.

15         4.  Coordinate research, education, promotion,

16  industry, and consumer information programs with any national

17  programs or programs of other states.

18         5.  Develop new uses and markets for beef and beef

19  products.

20         6.  Develop and improve methods of distributing beef

21  and beef products to the consumer.

22         7.  Develop methods of improving the quality of beef

23  and beef products for the benefit of consumers.

24         8.  Inform and educate the public concerning the

25  nutritive and economic values of beef and beef products.

26         9.  Serve as a liaison within the beef and other food

27  industries of the state and elsewhere in matters that would

28  increase efficiencies that ultimately benefit both consumers

29  and industry.

30  

31  


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 1         10.  Buy, sell, mortgage, rent, or improve, in any

 2  manner that the council considers expedient, real property or

 3  personal property, or both.

 4         11.  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         12.  Do all other acts necessary or expedient for the

 8  administration of the affairs and attainment of the purposes

 9  of the council.

10         13.  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.


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 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 and one is a practicing order buyer; one a

11  representative of the Dairy Farmers, Inc.; one a

12  representative of the Florida CattleWomen, Inc.; one a

13  representative of the Florida Farm Bureau Federation; one an

14  allied-industry representative; and one an Institute of Food

15  and Agricultural Sciences representative.

16         (b)  The initial board of directors shall be appointed

17  by the Commissioner of Agriculture for a term of 1 year. Each

18  subsequent vacancy shall be filled in accordance with the

19  bylaws of the council. Thereafter, each board member shall be

20  appointed to serve a 3-year term and may be reappointed to

21  serve an additional consecutive term. A member may not serve

22  more than two consecutive terms. A member must be a resident

23  of this state and must be a producer who has been a producer

24  for at least the 5 years immediately preceding the first day

25  of his or her service on the board, except that the

26  representative of the Florida Farm Bureau Federation, the

27  allied-industry representative, and the Institute of Food and

28  Agricultural Sciences representative need not be producers.

29  All beef council board positions shall be unsalaried; however,

30  the board members are entitled to reimbursement as provided in

31  


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 1  s. 112.061 for travel and other expenses incurred in carrying

 2  out the intents and purposes of 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 ex officio 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 producers in this

13  state shall have the opportunity to vote in a referendum to

14  determine whether the council shall be authorized to impose an

15  assessment of not more than $1 per head on cattle sold in the

16  state. The referendum shall pose the question:  "Do you

17  approve of an assessment program, up to $1 per head of cattle

18  pursuant to section 570.9135, Florida Statutes, to be funded

19  through specific contributions that are mandatory and

20  refundable upon request?"

21         (a)  A referendum held under this section must be

22  conducted by secret ballot at extension offices of the

23  Institute of Food and Agricultural Sciences of the University

24  of Florida or at offices of the United States Department of

25  Agriculture with the cooperation of the department.

26         (b)  Notice of a referendum to be held under this act

27  must be given at least once in trade publications, the public

28  press, and statewide newspapers at least 30 days before the

29  referendum is held.

30         (c)  Additional referendums may be held to authorize

31  the council to increase the assessment to more than $1 per


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 1  head of cattle. Such referendum shall pose the question:  "Do

 2  you approve of granting the Florida Beef Council, Inc.,

 3  authority to increase the per-head-of-cattle assessment

 4  pursuant to section 570.9135, Florida Statutes, from (present

 5  rate) to up to a maximum of (proposed rate) per head?"

 6  Referendums may not be held more often than once every 3

 7  years.

 8         (d)  Each cattle producer is entitled to only one vote

 9  in a referendum held under this act. Proof of identification

10  and cattle ownership must be presented before voting.

11         (e)  A simple majority of those casting ballots shall

12  determine any issue that requires a referendum under this act.

13         (7)  POWERS AND DUTIES OF THE COUNCIL.--

14         (a)  The council shall:

15         1.  Receive and disburse funds, as prescribed elsewhere

16  in this act, to be used in administering and implementing the

17  act.

18         2.  Maintain a permanent record of its business

19  proceedings.

20         3.  Maintain a permanent, detailed record of its

21  financial dealings.

22         4.  Prepare periodic reports and an annual report of

23  its activities for the fiscal year, for review by the beef

24  industry in this state, and file its annual report with the

25  department.

26         5.  Prepare, for review by the beef industry in this

27  state, periodic reports and an annual accounting for each

28  fiscal year of all receipts and expenditures, and shall retain

29  a certified public accountant for this purpose.

30  

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 1         6.  Appoint a licensed banking institution to serve as

 2  the depository for program funds and to handle disbursements

 3  of those funds.

 4         7.  Maintain frequent communication with officers and

 5  industry representatives at the state and national levels,

 6  including the department.

 7         8.  Maintain an office in this state.

 8         (b)  The council may:

 9         1.  Conduct or contract for scientific research with

10  any accredited university, college, or similar institution,

11  and enter into other contracts or agreements that will aid in

12  carrying out the purposes of the program, including contracts

13  for the purchase or acquisition of facilities or equipment

14  necessary to carry out the purposes of the program.

15         2.  Disseminate reliable information benefiting the

16  consumer and the beef industry on subjects such as, but not

17  limited to, the purchase, identification, care, storage,

18  handling, cookery, preparation, serving, and nutritive value

19  of beef and beef products.

20         3.  Provide to government bodies, on request,

21  information relating to subjects of concern to the beef

22  industry, and may act jointly or in cooperation with the state

23  or Federal Government, and agencies thereof, in the

24  development or administration of programs that the council

25  considers to be consistent with the objectives of the program.

26         4.  Sue and be sued as a council without individual

27  liability of the members for acts of the council when acting

28  within the scope of the powers of this act and in the manner

29  prescribed by the laws of this state.

30  

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 1         5.  Borrow from licensed lending institutions money in

 2  amounts that are not cumulatively greater than 50 percent of

 3  the council's anticipated annual income.

 4         6.  Maintain a financial reserve for emergency use, the

 5  total of which must not exceed 50 percent of the council's

 6  anticipated annual income.

 7         7.  Appoint advisory groups composed of representatives

 8  from organizations, institutions, governments, or businesses

 9  related to or interested in the welfare of the beef industry

10  and the consuming public.

11         8.  Employ subordinate officers and employees of the

12  council, prescribe their duties, and fix their compensation

13  and terms of employment.

14         9.  Cooperate with any local, state, regional, or

15  nationwide organization or agency engaged in work or

16  activities consistent with the objectives of the program.

17         10.  Cause any duly authorized agent or representative

18  to enter upon the premises of any market agency, market agent,

19  collection agency, or collection agent and examine or cause to

20  be examined by the authorized agent only books, papers, and

21  records that deal with the payment of the assessment provided

22  for in this act or with the enforcement of this act.

23         11.  Do all other things necessary to further the

24  intent of this act which are not prohibited by law.

25         (8)  ACCEPTANCE OF GRANTS AND GIFTS.--The council may

26  accept grants, donations, contributions, or gifts from any

27  source if the use of such resources is not restricted in any

28  manner that the council considers to be inconsistent with the

29  objectives of the program.

30         (9)  PAYMENTS TO ORGANIZATIONS.--

31  


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 1         (a)  The council may pay funds to other organizations

 2  for work or services performed which are consistent with the

 3  objectives of the program.

 4         (b)  Before making payments described in his

 5  subsection, the council must secure a written agreement that

 6  the organization receiving payment will:

 7         1.  Furnish at least annually, or more frequently on

 8  request of the council, written or printed reports of program

 9  activities and reports of financial data that are relative to

10  the council's funding of such activities; and

11         2.  Agree to have appropriate representatives attend

12  business meetings of the council as reasonably requested by

13  the chairperson of the council.

14         (c)  The council may require adequate proof of security

15  bonding on said funds to any individual, business, or other

16  organization.

17         (10)  COLLECTION OF MONEYS AT TIME OF MARKETING.--

18         (a)  Each collection agent may deduct from the gross

19  receipts of the producer, at the time of sale, the assessment

20  imposed by the council.

21         (b)  The collection agent shall collect all such moneys

22  and forward them to the council periodically, at least once a

23  month, and the council shall provide appropriate business

24  forms for the convenience of the collecting agent in executing

25  this duty.

26         (c)  The council shall maintain within its financial

27  records a separate accounting of all moneys received under

28  this subsection.

29         (d)  The assessment is due and payable upon the sale of

30  cattle in this state. The assessment constitutes a personal

31  debt of the producer who is so assessed or who otherwise owes


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 1  the assessment. If a producer fails to remit any properly due

 2  assessment, the council may bring a civil action against that

 3  person in the circuit court of any county for the collection

 4  thereof, and may add a penalty in the amount of 10 percent of

 5  the assessment owed, the cost of enforcing the collection of

 6  the assessment, court costs, and reasonable attorney's fees.

 7  The action shall be tried and judgment rendered as in any

 8  other cause of action for debts due and payable. All

 9  assessments, penalties, and enforcement costs are due and

10  payable to the council.

11         (e)  The council may adopt reciprocal agreements with

12  other beef councils or similar organizations relating to

13  moneys collected at Florida collection agents on cattle from

14  other states and to Florida cattle sold at other state

15  markets.

16         (f)  The collection agents shall be entitled to deduct

17  2.5 percent of the amount collected to retain as a reasonable

18  collection allowance prior to remitting the funds to the

19  council.

20         (11)  REFUNDS.--

21         (a)  A producer who has had moneys deducted from his or

22  her gross sales receipts under this act is entitled to a

23  prompt and full refund on request.

24         (b)  The council shall make available to all collection

25  agents business forms permitting request for refund, which

26  forms are to be submitted by the objecting producer within 45

27  days after the sale transaction takes place.

28         (c)  A refund claim must include the claimant's

29  signature, date of sale, place of sale, number of cattle, and

30  amount of assessment deducted, and must have attached thereto

31  proof of the assessment deducted.


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 1         (d)  If the council has reasonable doubt that a refund

 2  claim is valid, it may withhold payment and take such action

 3  as it considers necessary to determine the validity of the

 4  claim. Any dispute arising under this subsection shall be

 5  determined as specified in paragraph (10)(d).

 6         (e)  The council shall take action on refund requests

 7  within 30 calendar days following the date of receipt of the

 8  request.

 9         (f)  Only the producer may initiate a request for

10  refund.

11         (12)  VOTE ON CONTINUING THE ASSESSMENT.--Upon the

12  delivery by certified mail to the Florida Beef Council office

13  of petitions from at least 1,800 producers or ten percent of

14  Florida's producers as determined by the department, whichever

15  is less, and stating "Shall the assessment authorized by the

16  Beef Market Development Act continue?" The council shall,

17  within 90 days, conduct a referendum to determine whether a

18  majority of the producers voting in the referendum support the

19  continuation of the Beef Market Development Act. All

20  signatures must be collected within a 12-month period. A

21  referendum held under this subsection may not be held more

22  than one time in a 3-year period. Qualifications for signature

23  and vote are the same as those required in subsection (6).

24         (13)  BYLAWS.--The Florida Beef Council shall, within

25  90 days after this act becomes a law, adopt bylaws to carry

26  out the intents and purposes of this act. These bylaws may be

27  amended with a 30-day notice to board members at any regular

28  or special meeting called for this purpose. The bylaws must

29  conform to the requirements of this act, but may also address

30  any matter not in conflict with the general laws of this

31  state.


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 1         Section 2.  This act shall take effect upon becoming a

 2  law; however, an assessment on a head of cattle sold may not

 3  be imposed under this act, nor may a referendum relating to

 4  such assessment be conducted, before the effective date that

 5  the stay is vacated for the injunction issued by the United

 6  States District Court of the District of South Dakota,

 7  Northern Division in Livestock Marketing Association et al. v.

 8  USDA and Nebraska Cattlemen, Inc. et al., 207 F. Supp.2d 992,

 9  of collection of the assessment authorized by the Beef

10  Promotion and Research Act, 7 U.S.C. s. 2901, et seq., and the

11  Beef Order promulgated thereunder, or before the assessment

12  authorized by the Beef Promotion and Research Act, 7 U.S.C. s.

13  2901, et seq., and the Beef Order promulgated thereunder, is

14  otherwise repealed, stayed, or enjoined by the United States

15  Congress, by a court, or by other operation of law. Such date

16  shall be determined by the Florida Commissioner of

17  Agriculture.

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