Florida Senate - 2014                       CS for CS for SB 286
       By the Committees on Governmental Oversight and Accountability;
       and Regulated Industries; and Senators Richter, Latvala, Detert,
       Garcia, Bradley, Flores, Smith, and Bean
       585-03741-14                                           2014286c2
    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.; requiring the council
    5         to operate under a written contract with the
    6         Department of Economic Opportunity; providing powers
    7         and duties of the council; providing restrictions;
    8         providing for appointment and terms of the governing
    9         board of the council; authorizing the council to
   10         accept grants, donations, contributions, and gifts
   11         under certain circumstances; authorizing the council
   12         to make payments to other organizations under certain
   13         circumstances; providing for collection of a voluntary
   14         assessment on concrete masonry units; requiring
   15         manufacturers who elect to pay the assessment to
   16         commit to paying the assessment for a specified
   17         period; requiring the council to adopt bylaws;
   18         providing for the adoption of bylaws and amendments to
   19         bylaws; providing an effective date.
   21  Be It Enacted by the Legislature of the State of Florida:
   23         Section 1. This section may be cited as the “Concrete
   24  Masonry Education Act.”
   25         Section 2. Concrete masonry education.—
   26         (1)(a) The Florida Concrete Masonry Education Council,
   27  Inc., is created as a nonprofit corporation organized under the
   28  laws of this state and operating as a direct-support
   29  organization of the Department of Economic Opportunity.
   30         (b) The council shall operate under a written contract with
   31  the department which provides, at a minimum, for:
   32         1. Approval of the articles of incorporation and bylaws of
   33  the council by the department.
   34         2. Submission of an annual budget for approval by the
   35  department.
   36         3. Reversion of moneys and property held in trust by the
   37  council for concrete masonry education to the department if the
   38  council ceases to exist or to the state if the department ceases
   39  to exist.
   40         (c) The council shall:
   41         1. Plan, implement, and conduct programs of education for
   42  the purpose of training individuals in the field of concrete
   43  masonry.
   44         2. Develop and improve access to education for individuals
   45  seeking employment in the field of concrete masonry.
   46         3. Develop and implement outreach programs to ensure
   47  diversity among individuals trained in the programs conducted
   48  pursuant to this section.
   49         4. Coordinate educational programs with national programs
   50  or programs of other states.
   51         5. Inform and educate the public about the sustainability
   52  and economic benefits of concrete masonry products in order to
   53  increase employment opportunities for individuals trained in the
   54  programs conducted pursuant to this section.
   55         6. Develop, implement, and monitor a system for the
   56  collection of a self-imposed voluntary assessment on each
   57  concrete masonry unit produced and sold by concrete masonry
   58  manufacturers in this state.
   59         7. Submit a report to the Governor, the President of the
   60  Senate, and the Speaker of the House of Representatives by
   61  January 15 of each year outlining the revenues received by the
   62  council, the percentage of the industry participating in the
   63  programs, the use of the funds received, the goals and
   64  objectives for the year and the methods of achieving such goals
   65  and objectives, the number of individuals who have received
   66  training or assistance from the programs supported by the
   67  council, and information relating to job placements and industry
   68  workforce needs.
   69         (d) The council may:
   70         1. Provide to governmental bodies, on request, information
   71  relating to subjects of concern to the concrete masonry industry
   72  and act jointly or in cooperation with the state or Federal
   73  Government, and agencies thereof, in the development or
   74  administration of programs that the council considers to be
   75  consistent with the objectives of this section.
   76         2. Sue and be sued as a council without individual
   77  liability of the members for actions of the council when acting
   78  within the scope of the powers conferred by this section and in
   79  the manner prescribed by the laws of this state.
   80         3. Maintain a financial reserve for emergency use, the
   81  total of which must not exceed 10 percent of the council’s
   82  anticipated annual income.
   83         4. Employ subordinate officers and employees of the
   84  council, prescribe their duties, and fix their compensation and
   85  terms of employment.
   86         5. Cooperate with any local, state, regional, or nationwide
   87  organization or agency engaged in work or activities consistent
   88  with the objectives of this section.
   89         6. Meet with concrete masonry manufacturers in this state
   90  to coordinate the collection of self-imposed voluntary
   91  assessments on concrete masonry units.
   92         (e)1. The council may not participate or intervene in any
   93  political campaign on behalf of or in opposition to any
   94  candidate for public office or any state or local ballot
   95  initiative, including, but not limited to, the publication or
   96  distribution of any statement.
   97         2. The net receipts of the council may not in any part
   98  inure to the benefit of or be distributable to its directors,
   99  its officers, or other private persons; however, the council may
  100  pay reasonable compensation for services rendered by council
  101  officers and employees and may make payments and distributions
  102  in furtherance of the purposes of this section.
  103         3. Notwithstanding any other provision of law, the council
  104  may not carry on any other activity not permitted to be carried
  105  on by a corporation:
  106         a. That is exempt from federal income taxation under s.
  107  501(c)(3) of the Internal Revenue Code; or
  108         b. To which charitable contributions are deductible under
  109  s. 170(c)(2) of the Internal Revenue Code.
  110         (2)(a) The Florida Concrete Masonry Education Council,
  111  Inc., shall be governed by a board of directors composed of 13
  112  voting members as follows:
  113         1. Eight members representing concrete masonry
  114  manufacturers of various sizes. After receiving recommendations
  115  from the Masonry Association of Florida, the Governor shall
  116  appoint two of these board members, and the President of the
  117  Senate and the Speaker of the House of Representatives shall
  118  each appoint three of these board members. Of the eight board
  119  members appointed under this subparagraph, at least five members
  120  must be representatives of manufacturers that are members of the
  121  Masonry Association of Florida. A manufacturer may not be
  122  represented by more than one board member.
  123         2. One member representing a major building industry
  124  association in the state appointed by the Governor.
  125         3. One member having expertise in apprenticeship or
  126  workforce education training appointed by the Speaker of the
  127  House of Representatives.
  128         4. One member who is not a masonry contractor or
  129  manufacturer or an employee of a masonry contractor or
  130  manufacturer but who is otherwise a stakeholder in the masonry
  131  industry. This member shall be appointed by the President of the
  132  Senate.
  133         5. Two members who are masonry contractors and who are
  134  members of the Masonry Association of Florida, one of whom shall
  135  be appointed by the President of the Senate and one of whom
  136  shall be appointed by the Speaker of the House of
  137  Representatives.
  138         (b)1. Five of the initial board members shall be appointed
  139  to serve 1-year terms. Of the five members, one shall be
  140  appointed by the Governor, two shall be appointed by the
  141  President of the Senate, and two shall be appointed by the
  142  Speaker of the House of Representatives.
  143         2. Four of the initial board members shall be appointed to
  144  serve 2-year terms. Of the four members, one shall be appointed
  145  by the Governor, one shall be appointed by the President of the
  146  Senate, and two shall be appointed by the Speaker of the House
  147  of Representatives.
  148         3. Four of the initial board members shall be appointed to
  149  serve 3-year terms. Of the four members, one shall be appointed
  150  by the Governor, two shall be appointed by the President of the
  151  Senate, and one shall be appointed by the Speaker of the House
  152  of Representatives.
  153         4. Each subsequent vacancy on the board of directors shall
  154  be filled in accordance with the initial appointment.
  155  Thereafter, each board member shall be appointed to serve a 3
  156  year term and may be reappointed to serve an additional
  157  consecutive term. However, a member may not serve more than two
  158  consecutive terms.
  159         (c) A board member may not be required to participate in a
  160  voluntary assessment on concrete masonry units as a condition of
  161  appointment. A member representing a manufacturer must have been
  162  employed by a manufacturer engaging in the trade of manufacture
  163  of concrete masonry products for at least 5 years immediately
  164  preceding the first day of his or her service on the board. All
  165  members of the board shall serve without compensation but are
  166  entitled to reimbursement for per diem and travel expenses
  167  incurred in carrying out the intents and purposes of this
  168  section in accordance with s. 112.061, Florida Statutes.
  169         (d) In addition to the 13 voting members described in
  170  paragraph (a), the executive director of the Department of
  171  Economic Opportunity, or his or her designee, shall serve ex
  172  officio as a nonvoting member of the board of directors of the
  173  council.
  174         (3) The council may accept grants, donations,
  175  contributions, or gifts from any source if the use of such
  176  resources is not restricted in a manner that the council
  177  considers to be inconsistent with the objectives of this
  178  section.
  179         (4)(a) The council may make payments to other organizations
  180  for work or services performed that are consistent with the
  181  objectives of this section.
  182         (b) Before making payments described in this subsection,
  183  the council must secure a written agreement that the
  184  organization receiving payment will furnish at least annually,
  185  or more frequently upon request of the council, written or
  186  printed reports of program activities and reports of financial
  187  data that are relative to the council’s funding of such
  188  activities.
  189         (c) The council may require adequate proof of security
  190  bonding on the payments to any individual, business, or other
  191  organization.
  192         (5)(a) The self-imposed voluntary assessment shall be paid
  193  for each masonry unit produced and sold by the manufacturer.
  194         (b) Each manufacturer that elects to pay the self-imposed
  195  voluntary assessment must commit to paying the assessment for at
  196  least 1 year. Thereafter, the manufacturer may elect to
  197  terminate payment or continue payment for the next year.
  198         (c) The manufacturer shall collect all such moneys and
  199  forward them quarterly to the council.
  200         (d) The council shall maintain within its financial records
  201  a separate accounting of all moneys received under this
  202  subsection. The council shall provide for an annual financial
  203  audit of its accounts and records in accordance with s. 215.981,
  204  Florida Statutes.
  205         (6)(a) The council shall, by September 30, 2014, adopt
  206  bylaws to carry out the intents and purposes of this section.
  207  Before adoption by the council, the bylaws must be approved by
  208  the department. The bylaws must conform to the requirements of
  209  this section but may also address any matter not in conflict
  210  with the general laws of this state.
  211         (b) Amendments to adopted bylaws may be proposed with 30
  212  days’ notice to board members at any regular or special meeting
  213  called for such purpose and may be adopted by the council
  214  following approval by the department.
  215         Section 3. This act shall take effect July 1, 2014.