ENROLLED 2014 Legislature CS for CS for SB 286, 1st Engrossed 2014286er 1 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. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 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 appointed by the Governor as follows: 113 1. Upon receipt of recommendations from the Masonry 114 Association of Florida, eight members who represent concrete 115 masonry manufacturers of various sizes, at least five of whom 116 must be representatives of manufacturers that are members of the 117 Masonry Association of Florida. A manufacturer may not be 118 represented by more than one board member. 119 2. One member who represents a major building industry 120 association in the state. 121 3. One member who has expertise in apprenticeship or 122 workforce education training. 123 4. One member who is not a masonry contractor or 124 manufacturer or an employee of a masonry contractor or 125 manufacturer but who is otherwise a stakeholder in the masonry 126 industry. 127 5. Two members who are masonry contractors and who are 128 members of the Masonry Association of Florida. 129 (b)1. Five of the initial board members shall be appointed 130 to serve 1-year terms, four of the initial board members shall 131 be appointed to serve 2-year terms, and four of the initial 132 board members shall be appointed to serve 3-year terms. 133 2. Each subsequent vacancy on the board of directors shall 134 be filled in accordance with the initial appointment. 135 Thereafter, each board member shall be appointed to serve a 3 136 year term and may be reappointed to serve an additional 137 consecutive term. However, a member may not serve more than two 138 consecutive terms. 139 (c) A board member may not be required to participate in a 140 voluntary assessment on concrete masonry units as a condition of 141 appointment. A member representing a manufacturer must have been 142 employed by a manufacturer engaging in the trade of manufacture 143 of concrete masonry products for at least 5 years immediately 144 preceding the first day of his or her service on the board. All 145 members of the board shall serve without compensation but are 146 entitled to reimbursement for per diem and travel expenses 147 incurred in carrying out the intents and purposes of this 148 section in accordance with s. 112.061, Florida Statutes. 149 (d) In addition to the 13 voting members described in 150 paragraph (a), the executive director of the Department of 151 Economic Opportunity, or his or her designee, shall serve ex 152 officio as a nonvoting member of the board of directors of the 153 council. 154 (3) The council may accept grants, donations, 155 contributions, or gifts from any source if the use of such 156 resources is not restricted in a manner that the council 157 considers to be inconsistent with the objectives of this 158 section. 159 (4)(a) The council may make payments to other organizations 160 for work or services performed that are consistent with the 161 objectives of this section. 162 (b) Before making payments described in this subsection, 163 the council must secure a written agreement that the 164 organization receiving payment will furnish at least annually, 165 or more frequently upon request of the council, written or 166 printed reports of program activities and reports of financial 167 data that are relative to the council’s funding of such 168 activities. 169 (c) The council may require adequate proof of security 170 bonding on the payments to any individual, business, or other 171 organization. 172 (5)(a) The self-imposed voluntary assessment shall be paid 173 for each masonry unit produced and sold by the manufacturer. 174 (b) Each manufacturer that elects to pay the self-imposed 175 voluntary assessment must commit to paying the assessment for at 176 least 1 year. Thereafter, the manufacturer may elect to 177 terminate payment or continue payment for the next year. 178 (c) The manufacturer shall collect all such moneys and 179 forward them quarterly to the council. 180 (d) The council shall maintain within its financial records 181 a separate accounting of all moneys received under this 182 subsection. The council shall provide for an annual financial 183 audit of its accounts and records in accordance with s. 215.981, 184 Florida Statutes. 185 (6)(a) The council shall, by September 30, 2014, adopt 186 bylaws to carry out the intents and purposes of this section. 187 Before adoption by the council, the bylaws must be approved by 188 the department. The bylaws must conform to the requirements of 189 this section but may also address any matter not in conflict 190 with the general laws of this state. 191 (b) Amendments to adopted bylaws may be proposed with 30 192 days’ notice to board members at any regular or special meeting 193 called for such purpose and may be adopted by the council 194 following approval by the department. 195 Section 3. This act shall take effect July 1, 2014.