Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. CS for SB 1252
Barcode 228936
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/11/2013 .
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The Committee on Regulated Industries (Galvano) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Between lines 870 and 871
4 insert:
5 Section 22. Concrete Masonry Products Research, Education,
6 and Promotion Act.—
7 (1) SHORT TITLE.—This section may be cited as the “Concrete
8 Masonry Products Research, Education, and Promotion Act.”
9 (2) FLORIDA CONCRETE MASONRY COUNCIL, INC.; CREATION;
10 PURPOSES.—
11 (a) There is created the Florida Concrete Masonry Council,
12 Inc., a nonprofit corporation organized under the laws of this
13 state and operating as a direct-support organization of the
14 Florida Building Commission.
15 (b) The council shall:
16 1. Develop, implement, and monitor a system for the
17 definition of masonry products and for the collection of self
18 imposed voluntary assessments.
19 2. Plan, implement, and conduct programs of education,
20 promotion, research, and consumer information and industry
21 information which are designed to strengthen the market position
22 of the concrete masonry industry in this state and in the
23 nation, to maintain and expand domestic and foreign markets, and
24 to expand the uses for concrete masonry products.
25 3. Use the means authorized by this subsection for the
26 purpose of funding research, education, promotion, and consumer
27 and industry information of concrete masonry products in this
28 state and in the nation.
29 4. Coordinate research, education, promotion, industry, and
30 consumer information programs with national programs or programs
31 of other states.
32 5. Develop new uses and markets for concrete masonry
33 products.
34 6. Develop and improve educational access to individuals
35 seeking employment in the field of concrete masonry.
36 7. Develop methods of improving the quality of concrete
37 masonry products for the purpose of windstorm protection.
38 8. Develop methods of improving the energy efficiency
39 attributes of concrete masonry products.
40 9. Inform and educate the public concerning the
41 sustainability and economic benefits of concrete masonry
42 products.
43 10. Do all other acts necessary or expedient for the
44 administration of the affairs and attainment of the purposes of
45 the council.
46 (c) The council may:
47 1. Conduct or contract for scientific research with any
48 accredited university, college, or similar institution and enter
49 into other contracts or agreements that will aid in carrying out
50 the purposes of this section, including contracts for the
51 purchase or acquisition of facilities or equipment necessary to
52 carry out the purposes of this section.
53 2. Disseminate reliable information benefiting the consumer
54 and the concrete masonry industry.
55 3. Provide to governmental bodies, on request, information
56 relating to subjects of concern to the concrete masonry industry
57 and act jointly or in cooperation with the state or Federal
58 Government, and agencies thereof, in the development or
59 administration of programs that the council considers to be
60 consistent with the objectives of this section.
61 4. Sue and be sued as a council without individual
62 liability of the members for acts of the council when acting
63 within the scope of the powers of this section and in the manner
64 prescribed by the laws of this state.
65 5. Maintain a financial reserve for emergency use, the
66 total of which must not exceed 50 percent of the council’s
67 anticipated annual income.
68 6. Employ subordinate officers and employees of the
69 council, prescribe their duties, and fix their compensation and
70 terms of employment.
71 7. Cooperate with any local, state, regional, or nationwide
72 organization or agency engaged in work or activities consistent
73 with the objectives of the program.
74 8. Do all other things necessary to further the intent of
75 this section which are not prohibited by law.
76 (d) The council and concrete masonry manufacturers may meet
77 and coordinate the collection of self-imposed voluntary
78 assessments for each concrete masonry unit that is produced and
79 sold by manufacturers in the state.
80 (e)1. The council may not participate or intervene in any
81 political campaign on behalf of or in opposition to any
82 candidate for public office or any state or local ballot
83 initiative. This restriction includes, but is not limited to, a
84 prohibition against publishing or distributing any statement.
85 2. The net receipts of the council may not in any part
86 inure to the benefit of or be distributable to its directors,
87 its officers, or other private persons, except that the council
88 may pay reasonable compensation for services rendered by staff
89 employees and may make payments and distributions in furtherance
90 of the purposes of this section.
91 3. Notwithstanding any other provision of law, the council
92 may not carry on any other activity not permitted to be carried
93 on by a corporation:
94 a. That is exempt from federal income tax under s.
95 501(c)(3) of the Internal Revenue Code; or
96 b. To which charitable contributions are deductible under
97 s. 170(c)(2) of the Internal Revenue Code.
98 (3) GOVERNING BOARD.—
99 (a) The Florida Concrete Masonry Council, Inc., shall be
100 governed by a board of directors composed of 15 members as
101 follows:
102 1. Nine members representing concrete masonry
103 manufacturers. Of these board members, at least five must be a
104 representative of a manufacturer that is a member of the Masonry
105 Association of Florida. These members must be representatives of
106 concrete masonry manufacturers of various sizes. A manufacturer
107 may not be represented by more than one member of the board.
108 2. One member representing the Florida Building Commission.
109 3. One member representing the Florida Home Builders
110 Association.
111 4. One member having expertise in apprenticeship or
112 vocational training.
113 5. Two members who are masonry contractors and who are
114 members of the Masonry Association of Florida.
115 6. One member who is not a masonry contractor or
116 manufacturer or an employee of a masonry contractor or
117 manufacturer, but who is otherwise a stakeholder in the masonry
118 industry.
119 (b) The initial board of directors shall be appointed by
120 the chair of the commission based on recommendations from the
121 Masonry Association of Florida. Five of the initial board
122 members shall be appointed to a 1-year term. Five shall be
123 appointed for a 2-year term. The remaining board members shall
124 be appointed for a 3-year term. Thereafter, each member shall be
125 appointed to serve a 3-year term and may be reappointed to serve
126 an additional consecutive term. After the initial appointments
127 are made, each subsequent vacancy shall be filled in accordance
128 with the bylaws of the council. A member may not serve more than
129 two consecutive terms. A member representing a manufacturer or a
130 contractor must be employed by a manufacturer or contractor
131 engaging in the trade of manufacture of concrete masonry
132 products for at least 5 years immediately preceding the first
133 day of his or her service on the board. All members of the board
134 shall serve without compensation. However, the board members are
135 entitled to reimbursement for per diem and travel expenses
136 incurred in carrying out the intents and purposes of this
137 section in accordance with s. 112.061, Florida Statutes.
138 (c) The council shall elect from its members a chair, vice
139 chair, and a secretary-treasurer to a 2-year term each. The
140 chair of the board must be a concrete masonry manufacturer.
141 (d) The initial board of directors shall adopt bylaws to
142 govern initial terms of directors, governance of board members
143 and meetings, term limits, and procedures for filling vacancies.
144 (4) ACCEPTANCE OF GRANTS AND GIFTS.—The council may accept
145 grants, donations, contributions, or gifts from any source if
146 the use of such resources is not restricted in any manner that
147 the council considers to be inconsistent with the objectives of
148 this section.
149 (5) PAYMENTS TO ORGANIZATIONS.—
150 (a) The council may make payments to other organizations
151 for work or services performed which are consistent with the
152 objectives of the program.
153 (b) Before making payments described in this subsection,
154 the council must secure a written agreement that the
155 organization receiving payment will furnish at least annually,
156 or more frequently on request of the council, written or printed
157 reports of program activities and reports of financial data that
158 are relative to the council’s funding of such activities.
159 (c) The council may require adequate proof of security
160 bonding on the payments to any individual, business, or other
161 organization.
162 (6) COLLECTION OF MONEYS AT TIME OF SALE.—
163 (a) If a self-imposed voluntary assessment is paid by a
164 manufacturer, each manufacturer shall list on its invoice to the
165 purchaser, at the time of sale by the manufacturer, such
166 assessment. The amount of the assessment must be separately
167 stated on all receipts, invoices, or other evidence of sale as
168 the “Florida Building Sustainability Assessment.”
169 (b) Each manufacturer that elects to self-impose a
170 voluntary assessment shall commit to the assessment for a period
171 of not less than 1 year and shall annually be authorized to
172 renew or end the self-imposed voluntary assessment.
173 (c) The manufacturer shall collect all such moneys and
174 forward them quarterly to the council.
175 (d) The council shall maintain within its financial records
176 a separate accounting of all moneys received under this
177 subsection. The council shall provide for an annual financial
178 audit of its accounts and records to be conducted by an
179 independent certified public accountant licensed under chapter
180 473.
181 (7) BYLAWS.—The council shall, by September 30, 2013, adopt
182 bylaws to carry out the intents and purposes of this section.
183 These bylaws may be amended upon 30 days’ notice to board
184 members at any regular or special meeting called for this
185 purpose. The bylaws must conform to the requirements of this
186 section but may also address any matter not in conflict with the
187 general laws of this state.
188
189 ================= T I T L E A M E N D M E N T ================
190 And the title is amended as follows:
191 Delete line 67
192 and insert:
193 and certification program to certify raters; providing
194 a short title; creating the Florida Concrete Masonry
195 Council, Inc.; authorizing the council to levy an
196 assessment on the sale of concrete masonry units under
197 certain circumstances; providing the powers and duties
198 of the council and restrictions upon actions of the
199 council; providing for appointment of the governing
200 board of the council; authorizing the council to
201 submit a referendum to manufacturers of concrete
202 masonry units for authorization to levy an assessment
203 on the sale of concrete masonry units; providing
204 procedure for holding the referendum; authorizing the
205 council to accept grants, donations, contributions,
206 and gifts under certain circumstances; authorizing the
207 council to make payments to other organizations under
208 certain circumstances; providing requirements for the
209 manufacturer’s collection of assessments; requiring
210 the council to adopt bylaws; providing