Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. CS for SB 286 Ì458180'Î458180 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/03/2014 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— (Benacquisto) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. This section may be cited as the “Concrete 6 Masonry Education Act.” 7 Section 2. Concrete masonry education.— 8 (1)(a) The Florida Concrete Masonry Education Council, 9 Inc., is created as a nonprofit corporation organized under the 10 laws of this state and operating as a direct-support 11 organization of the Department of Economic Opportunity. 12 (b) The council shall operate under a written contract with 13 the department which provides, at a minimum, for: 14 1. Approval of the articles of incorporation and bylaws of 15 the council by the department. 16 2. Submission of an annual budget for approval by the 17 department. 18 3. Reversion of moneys and property held in trust by the 19 council for concrete masonry education to the department if the 20 council ceases to exist or to the state if the department ceases 21 to exist. 22 (c) The council shall: 23 1. Plan, implement, and conduct programs of education for 24 the purpose of training individuals in the field of concrete 25 masonry. 26 2. Develop and improve access to education for individuals 27 seeking employment in the field of concrete masonry. 28 3. Develop and implement outreach programs to ensure 29 diversity among individuals trained in the programs conducted 30 pursuant to this section. 31 4. Coordinate educational programs with national programs 32 or programs of other states. 33 5. Inform and educate the public about the sustainability 34 and economic benefits of concrete masonry products in order to 35 increase employment opportunities for individuals trained in the 36 programs conducted pursuant to this section. 37 6. Develop, implement, and monitor a system for the 38 collection of a self-imposed voluntary assessment on each 39 concrete masonry unit produced and sold by concrete masonry 40 manufacturers in this state. 41 7. Submit a report to the Governor, the President of the 42 Senate, and the Speaker of the House of Representatives by 43 January 15 of each year outlining the revenues received by the 44 council, the percentage of the industry participating in the 45 programs, the use of the funds received, the goals and 46 objectives for the year and the methods of achieving such goals 47 and objectives, the number of individuals who have received 48 training or assistance from the programs supported by the 49 council, and information relating to job placements and industry 50 workforce needs. 51 (d) The council may: 52 1. Provide to governmental bodies, on request, information 53 relating to subjects of concern to the concrete masonry industry 54 and act jointly or in cooperation with the state or Federal 55 Government, and agencies thereof, in the development or 56 administration of programs that the council considers to be 57 consistent with the objectives of this section. 58 2. Sue and be sued as a council without individual 59 liability of the members for actions of the council when acting 60 within the scope of the powers conferred by this section and in 61 the manner prescribed by the laws of this state. 62 3. Maintain a financial reserve for emergency use, the 63 total of which must not exceed 10 percent of the council’s 64 anticipated annual income. 65 4. Employ subordinate officers and employees of the 66 council, prescribe their duties, and fix their compensation and 67 terms of employment. 68 5. Cooperate with any local, state, regional, or nationwide 69 organization or agency engaged in work or activities consistent 70 with the objectives of this section. 71 6. Meet with concrete masonry manufacturers in this state 72 to coordinate the collection of self-imposed voluntary 73 assessments on concrete masonry units. 74 (e)1. The council may not participate or intervene in any 75 political campaign on behalf of or in opposition to any 76 candidate for public office or any state or local ballot 77 initiative, including, but not limited to, the publication or 78 distribution of any statement. 79 2. The net receipts of the council may not in any part 80 inure to the benefit of or be distributable to its directors, 81 its officers, or other private persons; however, the council may 82 pay reasonable compensation for services rendered by council 83 officers and employees and may make payments and distributions 84 in furtherance of the purposes of this section. 85 3. Notwithstanding any other provision of law, the council 86 may not carry on any other activity not permitted to be carried 87 on by a corporation: 88 a. That is exempt from federal income taxation under s. 89 501(c)(3) of the Internal Revenue Code; or 90 b. To which charitable contributions are deductible under 91 s. 170(c)(2) of the Internal Revenue Code. 92 (2)(a) The Florida Concrete Masonry Education Council, 93 Inc., shall be governed by a board of directors composed of 13 94 voting members as follows: 95 1. Eight members representing concrete masonry 96 manufacturers of various sizes. After receiving recommendations 97 from the Masonry Association of Florida, the Governor shall 98 appoint two of these board members, and the President of the 99 Senate and the Speaker of the House of Representatives shall 100 each appoint three of these board members. Of the eight board 101 members appointed under this subparagraph, at least five members 102 must be representatives of manufacturers that are members of the 103 Masonry Association of Florida. A manufacturer may not be 104 represented by more than one board member. 105 2. One member representing a major building industry 106 association in the state appointed by the Governor. 107 3. One member having expertise in apprenticeship or 108 workforce education training appointed by the Speaker of the 109 House of Representatives. 110 4. One member who is not a masonry contractor or 111 manufacturer or an employee of a masonry contractor or 112 manufacturer but who is otherwise a stakeholder in the masonry 113 industry. This member shall be appointed by the President of the 114 Senate. 115 5. Two members who are masonry contractors and who are 116 members of the Masonry Association of Florida, one of whom shall 117 be appointed by the President of the Senate and one of whom 118 shall be appointed by the Speaker of the House of 119 Representatives. 120 (b)1. Five of the initial board members shall be appointed 121 to serve 1-year terms. Of the five members, one shall be 122 appointed by the Governor, two shall be appointed by the 123 President of the Senate, and two shall be appointed by the 124 Speaker of the House of Representatives. 125 2. Four of the initial board members shall be appointed to 126 serve 2-year terms. Of the four members, one shall be appointed 127 by the Governor, one shall be appointed by the President of the 128 Senate, and two shall be appointed by the Speaker of the House 129 of Representatives. 130 3. Four of the initial board members shall be appointed to 131 serve 3-year terms. Of the four members, one shall be appointed 132 by the Governor, two shall be appointed by the President of the 133 Senate, and one shall be appointed by the Speaker of the House 134 of Representatives. 135 4. Each subsequent vacancy on the board of directors shall 136 be filled in accordance with the initial appointment. 137 Thereafter, each board member shall be appointed to serve a 3 138 year term and may be reappointed to serve an additional 139 consecutive term. However, a member may not serve more than two 140 consecutive terms. 141 (c) A board member may not be required to participate in a 142 voluntary assessment on concrete masonry units as a condition of 143 appointment. A member representing a manufacturer must have been 144 employed by a manufacturer engaging in the trade of manufacture 145 of concrete masonry products for at least 5 years immediately 146 preceding the first day of his or her service on the board. All 147 members of the board shall serve without compensation but are 148 entitled to reimbursement for per diem and travel expenses 149 incurred in carrying out the intents and purposes of this 150 section in accordance with s. 112.061, Florida Statutes. 151 (d) In addition to the 13 voting members described in 152 paragraph (a), the executive director of the Department of 153 Economic Opportunity, or his or her designee, shall serve ex 154 officio as a nonvoting member of the board of directors of the 155 council. 156 (3) The council may accept grants, donations, 157 contributions, or gifts from any source if the use of such 158 resources is not restricted in a manner that the council 159 considers to be inconsistent with the objectives of this 160 section. 161 (4)(a) The council may make payments to other organizations 162 for work or services performed that are consistent with the 163 objectives of this section. 164 (b) Before making payments described in this subsection, 165 the council must secure a written agreement that the 166 organization receiving payment will furnish at least annually, 167 or more frequently upon request of the council, written or 168 printed reports of program activities and reports of financial 169 data that are relative to the council’s funding of such 170 activities. 171 (c) The council may require adequate proof of security 172 bonding on the payments to any individual, business, or other 173 organization. 174 (5)(a) The self-imposed voluntary assessment shall be paid 175 for each masonry unit produced and sold by the manufacturer. 176 (b) Each manufacturer that elects to pay the self-imposed 177 voluntary assessment must commit to paying the assessment for at 178 least 1 year. Thereafter, the manufacturer may elect to 179 terminate payment or continue payment for the next year. 180 (c) The manufacturer shall collect all such moneys and 181 forward them quarterly to the council. 182 (d) The council shall maintain within its financial records 183 a separate accounting of all moneys received under this 184 subsection. The council shall provide for an annual financial 185 audit of its accounts and records in accordance with s. 215.981, 186 Florida Statutes. 187 (6)(a) The council shall, by September 30, 2014, adopt 188 bylaws to carry out the intents and purposes of this section. 189 Before adoption by the council, the bylaws must be approved by 190 the department. The bylaws must conform to the requirements of 191 this section but may also address any matter not in conflict 192 with the general laws of this state. 193 (b) Amendments to adopted bylaws may be proposed with 30 194 days’ notice to board members at any regular or special meeting 195 called for such purpose and may be adopted by the council 196 following approval by the department. 197 Section 3. This act shall take effect July 1, 2014. 198 199 ================= T I T L E A M E N D M E N T ================ 200 And the title is amended as follows: 201 Delete everything before the enacting clause 202 and insert: 203 A bill to be entitled 204 An act relating to concrete masonry education; 205 providing a short title; creating the Florida Concrete 206 Masonry Education Council, Inc.; requiring the council 207 to operate under a written contract with the 208 Department of Economic Opportunity; providing powers 209 and duties of the council; providing restrictions; 210 providing for appointment and terms of the governing 211 board of the council; authorizing the council to 212 accept grants, donations, contributions, and gifts 213 under certain circumstances; authorizing the council 214 to make payments to other organizations under certain 215 circumstances; providing for collection of a voluntary 216 assessment on concrete masonry units; requiring 217 manufacturers who elect to pay the assessment to 218 commit to paying the assessment for a specified 219 period; requiring the council to adopt bylaws; 220 providing for the adoption of bylaws and amendments to 221 bylaws; providing an effective date.