Florida Senate - 2014 CS for SB 286 By the Committee on Regulated Industries; and Senators Richter, Latvala, Detert, Garcia, Bradley, Flores, and Smith 580-01791-14 2014286c1 1 A bill to be entitled 2 An act relating to concrete masonry education; 3 providing a short title; creating the Florida Concrete 4 Masonry Education Council, Inc.; specifying the powers 5 and duties of the council; providing restrictions; 6 providing for appointment and terms of the governing 7 board of the council; authorizing the council to 8 accept grants, donations, contributions, and gifts 9 under certain circumstances; authorizing the council 10 to make payments to other organizations under certain 11 circumstances; providing for collection of a voluntary 12 assessment on concrete masonry units; requiring 13 manufacturers who elect to pay the assessment to 14 commit to paying the assessment for a specified 15 period; requiring the council to adopt bylaws by a 16 specified date; providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Concrete masonry education.— 21 (1) This section may be cited as the “Concrete Masonry 22 Education Act.” 23 (2)(a) There is created the Florida Concrete Masonry 24 Education Council, Inc., a nonprofit corporation organized under 25 the laws of this state and operating as a direct-support 26 organization of the Department of Economic Opportunity. 27 (b) The council shall: 28 1. Plan, implement, and conduct programs of education for 29 the purpose of training individuals in the field of concrete 30 masonry. 31 2. Develop and improve access to education for individuals 32 seeking employment in the field of concrete masonry. 33 3. Develop and implement outreach programs to ensure 34 diversity among individuals trained in the programs conducted 35 pursuant to this section. 36 4. Coordinate educational programs with national programs 37 or programs of other states. 38 5. Inform and educate the public about the sustainability 39 and economic benefits of concrete masonry products in order to 40 increase employment opportunities for individuals trained in the 41 programs conducted pursuant to this section. 42 6. Develop, implement, and monitor a system for the 43 collection of a self-imposed voluntary assessment on each 44 concrete masonry unit produced and sold by concrete masonry 45 manufacturers in this state. 46 7. Do all other things necessary or expedient for the 47 administration of the affairs and achievement of the purposes of 48 the council. 49 8. By January 15 of each year, provide a report to the 50 Governor, the President of the Senate, and the Speaker of the 51 House of Representatives outlining the revenues received by the 52 council, the percentage of the industry participating in the 53 program, the use of the funds received, the number of 54 individuals who have received training or assistance in the 55 reporting year from the programs supported by the council, the 56 goals and objectives for the year and methods of achieving those 57 goals, and information relating to job placement and industry 58 workforce needs. 59 (c) The council may: 60 1. Provide to governmental bodies, upon request, 61 information relating to subjects of concern to the concrete 62 masonry industry and act jointly or in cooperation with the 63 state or Federal Government and their agencies in the 64 development or administration of programs that the council 65 considers to be consistent with the objectives of this section. 66 2. Sue and be sued as a council without incurring 67 individual liability of the members for actions of the council 68 when acting within the scope of the powers conferred by this 69 section and in the manner prescribed by the laws of this state. 70 3. Maintain a financial reserve for emergency use, which 71 may not exceed 10 percent of the council’s income. 72 4. Employ subordinate officers and employees of the 73 council, prescribe their duties, and fix their compensation and 74 terms of employment. 75 5. Cooperate with any local, state, regional, or nationwide 76 organization or agency engaged in work or activities consistent 77 with the objectives of this section. 78 6. Meet with concrete masonry manufacturers in this state 79 to coordinate the collection of self-imposed voluntary 80 assessments on concrete masonry units. 81 7. Do all other things necessary to further the intent of 82 this section which are not prohibited by law. 83 (d)1. The council may not participate or intervene in any 84 political campaign on behalf of or in opposition to any 85 candidate for public office or any state or local ballot 86 initiative, including, but not limited to, the publication or 87 distribution of any statement. 88 2. The net receipts of the council may not inure to the 89 benefit of or be distributable to its directors, its officers, 90 or other private persons; however, the council may pay 91 reasonable compensation for services rendered by council 92 officers and employees and may make payments and distributions 93 in furtherance of the purposes of this section. 94 3. Notwithstanding any other provision of law, the council 95 may not carry on any other activity not permitted to be carried 96 on by a corporation: 97 a. That is exempt from federal income taxation under s. 98 501(c)(3) of the Internal Revenue Code; or 99 b. To which charitable contributions are deductible under 100 s. 170(c)(2) of the Internal Revenue Code. 101 (3)(a) The Florida Concrete Masonry Education Council, 102 Inc., shall be governed by a board of directors consisting of 15 103 members, as follows: 104 1. Nine members representing concrete masonry manufacturers 105 of various sizes, each of whom must represent a different 106 manufacturer. Of these members, at least five must be 107 representatives of manufacturers that are members of the Masonry 108 Association of Florida. 109 2. One member representing a major building industry 110 association in the state. 111 3. One member having expertise in apprenticeship or 112 workforce education training. 113 4. Two members who are masonry contractors and who are 114 members of the Masonry Association of Florida. 115 5. 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 6. The Chancellor of Career and Adult Education or his or 120 her designee. 121 (b) The initial board of directors shall consist of 15 122 voting members, with the Governor, the President of the Senate, 123 and the Speaker of the House of Representatives each making five 124 appointments after soliciting recommendations from the Masonry 125 Association of Florida. Five of the initial board members shall 126 be appointed to a 1-year term: two who are appointed by the 127 Governor, two who are appointed by the President of the Senate, 128 and one who is appointed by the Speaker of the House of 129 Representatives. Five of the initial board members shall be 130 appointed to 2-year terms: two who are appointed by the 131 Governor, one who is appointed by the President of the Senate, 132 and two who are appointed by the Speaker of the House of 133 Representatives. Five of the initial board members shall be 134 appointed to 3-year terms: one appointed by the Governor, two 135 appointed by the President of the Senate, and two appointed by 136 the Speaker of the House of Representatives. Each subsequent 137 vacancy shall be filled in accordance with the initial 138 appointment. Participation in the voluntary assessment on 139 concrete masonry units is not a requirement of appointment. 140 Thereafter, members shall be appointed to 3-year terms and may 141 be reappointed to one additional consecutive term. In addition 142 to the 15 voting members, the executive director of the 143 Department of Economic Opportunity, or his or her designee, 144 shall serve as an ex officio nonvoting member. A member 145 representing a manufacturer must have been employed by a 146 manufacturer engaging in the trade of manufacture of concrete 147 masonry products for at least 5 years immediately preceding the 148 first day of his or her service on the board. All members of the 149 board shall serve without compensation but are entitled to 150 reimbursement for per diem and travel expenses incurred in 151 carrying out the intent and purposes of this section in 152 accordance with s. 112.061, Florida Statutes. 153 (4) The council may accept grants, donations, 154 contributions, or gifts from any source if the use of such 155 resources is not restricted in a manner that the council 156 considers to be inconsistent with the objectives of this 157 section. 158 (5)(a) The council may make payments to other organizations 159 for work or services performed which are consistent with the 160 objectives of this section. 161 (b) Before making such payments, the council must secure a 162 written agreement that the organization receiving payment will 163 furnish at least annually, or more frequently on the request of 164 the council, printed or written reports of program activities. 165 The reports must include financial data relative to the 166 council’s funding of such activities. 167 (c) The council may require adequate proof of security 168 bonding on the payments to any individual, business, or other 169 organization. 170 (6)(a) The self-imposed voluntary assessment shall be paid 171 for each masonry unit produced and sold by the manufacturer. 172 (b) Each manufacturer that elects to pay the self-imposed 173 voluntary assessment must commit to paying the assessment for at 174 least 1 year. Thereafter, the manufacturer may elect to 175 terminate payment or continue payment for the next year. 176 (c) The manufacturer shall collect all such moneys and 177 forward them quarterly to the council. 178 (d) The council shall maintain within its financial records 179 a separate accounting of all moneys received under this 180 subsection. The council shall provide for an annual financial 181 audit of its accounts and records to be conducted by an 182 independent certified public accountant licensed under chapter 183 473, Florida Statutes. 184 (7) The council shall, by September 30, 2014, adopt bylaws 185 to carry out the intent and purposes of this section. These 186 bylaws may be amended upon 30 days’ written notice to board 187 members at any regular or special meeting called for such 188 purpose. The bylaws must conform to the requirements of this 189 section but may also address any matter not in conflict with the 190 general laws of this state. 191 Section 2. This act shall take effect July 1, 2014.