Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1252
                                Barcode 228936                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/11/2013           .                                

       The Committee on Regulated Industries (Galvano) recommended the
    1         Senate Amendment (with title amendment)
    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.”
   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.
  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.
  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.
  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