Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. SB 286 Ì413454%Î413454 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/17/2014 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.