Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 286
Ì413454%Î413454
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/17/2014 .
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following:
1 Senate Amendment
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Concrete masonry education.—
6 (1) This section may be cited as the “Concrete Masonry
7 Education Act.”
8 (2)(a) There is created the Florida Concrete Masonry
9 Education Council, Inc., a nonprofit corporation organized under
10 the laws of this state and operating as a direct-support
11 organization of the Department of Economic Opportunity.
12 (b) The council shall:
13 1. Plan, implement, and conduct programs of education for
14 the purpose of training individuals in the field of concrete
15 masonry.
16 2. Develop and improve access to education for individuals
17 seeking employment in the field of concrete masonry.
18 3. Develop and implement outreach programs to ensure
19 diversity among individuals trained in the programs conducted
20 pursuant to this section.
21 4. Coordinate educational programs with national programs
22 or programs of other states.
23 5. Inform and educate the public about the sustainability
24 and economic benefits of concrete masonry products in order to
25 increase employment opportunities for individuals trained in the
26 programs conducted pursuant to this section.
27 6. Develop, implement, and monitor a system for the
28 collection of a self-imposed voluntary assessment on each
29 concrete masonry unit produced and sold by concrete masonry
30 manufacturers in this state.
31 7. Do all other things necessary or expedient for the
32 administration of the affairs and achievement of the purposes of
33 the council.
34 8. By January 15 of each year, provide a report to the
35 Governor, the President of the Senate, and the Speaker of the
36 House of Representatives outlining the revenues received by the
37 council, the percentage of the industry participating in the
38 program, the use of the funds received, the number of
39 individuals who have received training or assistance in the
40 reporting year from the programs supported by the council, the
41 goals and objectives for the year and methods of achieving those
42 goals, and information relating to job placement and industry
43 workforce needs.
44 (c) The council may:
45 1. Provide to governmental bodies, upon request,
46 information relating to subjects of concern to the concrete
47 masonry industry and act jointly or in cooperation with the
48 state or Federal Government and their agencies in the
49 development or administration of programs that the council
50 considers to be consistent with the objectives of this section.
51 2. Sue and be sued as a council without incurring
52 individual liability of the members for actions of the council
53 when acting within the scope of the powers conferred by this
54 section and in the manner prescribed by the laws of this state.
55 3. Maintain a financial reserve for emergency use, which
56 may not exceed 10 percent of the council’s income.
57 4. Employ subordinate officers and employees of the
58 council, prescribe their duties, and fix their compensation and
59 terms of employment.
60 5. Cooperate with any local, state, regional, or nationwide
61 organization or agency engaged in work or activities consistent
62 with the objectives of this section.
63 6. Meet with concrete masonry manufacturers in this state
64 to coordinate the collection of self-imposed voluntary
65 assessments on concrete masonry units.
66 7. Do all other things necessary to further the intent of
67 this section which are not prohibited by law.
68 (d)1. The council may not participate or intervene in any
69 political campaign on behalf of or in opposition to any
70 candidate for public office or any state or local ballot
71 initiative, including, but not limited to, the publication or
72 distribution of any statement.
73 2. The net receipts of the council may not inure to the
74 benefit of or be distributable to its directors, its officers,
75 or other private persons; however, the council may pay
76 reasonable compensation for services rendered by council
77 officers and employees and may make payments and distributions
78 in furtherance of the purposes of this section.
79 3. Notwithstanding any other provision of law, the council
80 may not carry on any other activity not permitted to be carried
81 on by a corporation:
82 a. That is exempt from federal income taxation under s.
83 501(c)(3) of the Internal Revenue Code; or
84 b. To which charitable contributions are deductible under
85 s. 170(c)(2) of the Internal Revenue Code.
86 (3)(a) The Florida Concrete Masonry Education Council,
87 Inc., shall be governed by a board of directors consisting of 15
88 members, as follows:
89 1. Nine members representing concrete masonry manufacturers
90 of various sizes, each of whom must represent a different
91 manufacturer. Of these members, at least five must be
92 representatives of manufacturers that are members of the Masonry
93 Association of Florida.
94 2. One member representing a major building industry
95 association in the state.
96 3. One member having expertise in apprenticeship or
97 workforce education training.
98 4. Two members who are masonry contractors and who are
99 members of the Masonry Association of Florida.
100 5. One member who is not a masonry contractor or
101 manufacturer or an employee of a masonry contractor or
102 manufacturer but who is otherwise a stakeholder in the masonry
103 industry.
104 6. The Chancellor of Career and Adult Education or his or
105 her designee.
106 (b) The initial board of directors shall consist of 15
107 voting members, with the Governor, the President of the Senate,
108 and the Speaker of the House of Representatives each making five
109 appointments after soliciting recommendations from the Masonry
110 Association of Florida. Five of the initial board members shall
111 be appointed to a 1-year term: two who are appointed by the
112 Governor, two who are appointed by the President of the Senate,
113 and one who is appointed by the Speaker of the House of
114 Representatives. Five of the initial board members shall be
115 appointed to 2-year terms: two who are appointed by the
116 Governor, one who is appointed by the President of the Senate,
117 and two who are appointed by the Speaker of the House of
118 Representatives. Five of the initial board members shall be
119 appointed to 3-year terms: one appointed by the Governor, two
120 appointed by the President of the Senate, and two appointed by
121 the Speaker of the House of Representatives. Each subsequent
122 vacancy shall be filled in accordance with the initial
123 appointment. Participation in the voluntary assessment on
124 concrete masonry units is not a requirement of appointment.
125 Thereafter, members shall be appointed to 3-year terms and may
126 be reappointed to one additional consecutive term. In addition
127 to the 15 voting members, the executive director of the
128 Department of Economic Opportunity, or his or her designee,
129 shall serve as an ex officio nonvoting member. A member
130 representing a manufacturer must have been employed by a
131 manufacturer engaging in the trade of manufacture of concrete
132 masonry products for at least 5 years immediately preceding the
133 first day of his or her service on the board. All members of the
134 board shall serve without compensation but are entitled to
135 reimbursement for per diem and travel expenses incurred in
136 carrying out the intent and purposes of this section in
137 accordance with s. 112.061, Florida Statutes.
138 (4) The council may accept grants, donations,
139 contributions, or gifts from any source if the use of such
140 resources is not restricted in a manner that the council
141 considers to be inconsistent with the objectives of this
142 section.
143 (5)(a) The council may make payments to other organizations
144 for work or services performed which are consistent with the
145 objectives of this section.
146 (b) Before making such payments, the council must secure a
147 written agreement that the organization receiving payment will
148 furnish at least annually, or more frequently on the request of
149 the council, printed or written reports of program activities.
150 The reports must include financial data relative to the
151 council’s funding of such activities.
152 (c) The council may require adequate proof of security
153 bonding on the payments to any individual, business, or other
154 organization.
155 (6)(a) The self-imposed voluntary assessment shall be paid
156 for each masonry unit produced and sold by the manufacturer.
157 (b) Each manufacturer that elects to pay the self-imposed
158 voluntary assessment must commit to paying the assessment for at
159 least 1 year. Thereafter, the manufacturer may elect to
160 terminate payment or continue payment for the next year.
161 (c) The manufacturer shall collect all such moneys and
162 forward them quarterly to the council.
163 (d) The council shall maintain within its financial records
164 a separate accounting of all moneys received under this
165 subsection. The council shall provide for an annual financial
166 audit of its accounts and records to be conducted by an
167 independent certified public accountant licensed under chapter
168 473, Florida Statutes.
169 (7) The council shall, by September 30, 2014, adopt bylaws
170 to carry out the intent and purposes of this section. These
171 bylaws may be amended upon 30 days’ written notice to board
172 members at any regular or special meeting called for such
173 purpose. The bylaws must conform to the requirements of this
174 section but may also address any matter not in conflict with the
175 general laws of this state.
176 Section 2. This act shall take effect July 1, 2014.