Florida Senate - 2014 SB 286 By Senator Richter 23-00309-14 2014286__ 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.; specifying the powers 5 and duties of the council; providing restrictions; 6 providing for appointment and terms of the governing 7 board of the council; authorizing the council to 8 accept grants, donations, contributions, and gifts 9 under certain circumstances; authorizing the council 10 to make payments to other organizations under certain 11 circumstances; providing for collection of a voluntary 12 assessment on concrete masonry units; requiring 13 manufacturers who elect to pay the assessment to 14 commit to paying the assessment for a specified 15 period; requiring the council to adopt bylaws by a 16 specified date; providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Concrete masonry education.— 21 (1) This section may be cited as the “Concrete Masonry 22 Education Act.” 23 (2)(a) There is created the Florida Concrete Masonry 24 Education Council, Inc., a nonprofit corporation organized under 25 the laws of this state and operating as a direct-support 26 organization of the Department of Education. 27 (b) The council shall: 28 1. Plan, implement, and conduct programs of education for 29 the purpose of training individuals in the field of concrete 30 masonry. 31 2. Develop and improve access to education for individuals 32 seeking employment in the field of concrete masonry. 33 3. Develop and implement outreach programs to ensure 34 diversity among individuals trained in the programs conducted 35 pursuant to this section. 36 4. Coordinate educational programs with national programs 37 or programs of other states. 38 5. Inform and educate the public about the sustainability 39 and economic benefits of concrete masonry products in order to 40 increase employment opportunities for individuals trained in the 41 programs conducted pursuant to this section. 42 6. Develop, implement, and monitor a system for the 43 collection of a self-imposed voluntary assessment on each 44 concrete masonry unit produced and sold by concrete masonry 45 manufacturers in this state. 46 7. Do all other things necessary or expedient for the 47 administration of the affairs and achievement of the purposes of 48 the council. 49 (c) The council may: 50 1. Provide to governmental bodies, upon request, 51 information relating to subjects of concern to the concrete 52 masonry industry and act jointly or in cooperation with the 53 state or Federal Government and their agencies in the 54 development or administration of programs that the council 55 considers to be consistent with the objectives of this section. 56 2. Sue and be sued as a council without incurring 57 individual liability of the members for actions of the council 58 when acting within the scope of the powers conferred by this 59 section and in the manner prescribed by the laws of this state. 60 3. Maintain a financial reserve for emergency use, which 61 may not exceed 50 percent of the council’s anticipated annual 62 income. 63 4. Employ subordinate officers and employees of the 64 council, prescribe their duties, and fix their compensation and 65 terms of employment. 66 5. Cooperate with any local, state, regional, or nationwide 67 organization or agency engaged in work or activities consistent 68 with the objectives of this section. 69 6. Meet with concrete masonry manufacturers in this state 70 to coordinate the collection of self-imposed voluntary 71 assessments on concrete masonry units. 72 7. Do all other things necessary to further the intent of 73 this section which are not prohibited by law. 74 (d)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 inure to the 80 benefit of or be distributable to its directors, its officers, 81 or other private persons; however, the council may pay 82 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 (3)(a) The Florida Concrete Masonry Education Council, 93 Inc., shall be governed by a board of directors consisting of 15 94 members, as follows: 95 1. Nine members representing concrete masonry manufacturers 96 of various sizes, each of whom must represent a different 97 manufacturer. Of these members, at least five must be 98 representatives of manufacturers that are members of the Masonry 99 Association of Florida. 100 2. One member representing a major building industry 101 association in the state. 102 3. One member having expertise in apprenticeship or 103 workforce education training. 104 4. Two members who are masonry contractors and who are 105 members of the Masonry Association of Florida. 106 5. One member who is not a masonry contractor or 107 manufacturer or an employee of a masonry contractor or 108 manufacturer but who is otherwise a stakeholder in the masonry 109 industry. 110 6. The Chancellor of Career and Adult Education or his or 111 her designee. 112 (b) The initial board of directors shall be appointed by 113 the Governor after soliciting recommendations from the Masonry 114 Association of Florida. Five of the initial board members shall 115 be appointed to serve 1-year terms, five shall be appointed to 116 serve 2-year terms, and the remaining five shall be appointed to 117 serve 3-year terms. Each subsequent vacancy shall be filled in 118 accordance with the bylaws of the council. Thereafter, each 119 board member shall be appointed to serve a 3-year term and may 120 be reappointed to serve an additional consecutive term. A member 121 may not serve more than two consecutive terms. A member 122 representing a manufacturer must have been employed by a 123 manufacturer engaging in the trade of manufacture of concrete 124 masonry products for at least 5 years immediately preceding the 125 first day of his or her service on the board. All members of the 126 board shall serve without compensation but are entitled to 127 reimbursement for per diem and travel expenses incurred in 128 carrying out the intent and purposes of this section in 129 accordance with s. 112.061, Florida Statutes. 130 (4) The council may accept grants, donations, 131 contributions, or gifts from any source if the use of such 132 resources is not restricted in a manner that the council 133 considers to be inconsistent with the objectives of this 134 section. 135 (5)(a) The council may make payments to other organizations 136 for work or services performed which are consistent with the 137 objectives of this section. 138 (b) Before making such payments, the council must secure a 139 written agreement that the organization receiving payment will 140 furnish at least annually, or more frequently on the request of 141 the council, printed or written reports of program activities. 142 The reports must include financial data relative to the 143 council’s funding of such activities. 144 (c) The council may require adequate proof of security 145 bonding on the payments to any individual, business, or other 146 organization. 147 (6)(a) The self-imposed voluntary assessment shall be paid 148 for each masonry unit produced and sold by the manufacturer. 149 (b) Each manufacturer that elects to pay the self-imposed 150 voluntary assessment must commit to paying the assessment for at 151 least 1 year. Thereafter, the manufacturer may elect to 152 terminate payment or continue payment for the next year. 153 (c) The manufacturer shall collect all such moneys and 154 forward them quarterly to the council. 155 (d) The council shall maintain within its financial records 156 a separate accounting of all moneys received under this 157 subsection. The council shall provide for an annual financial 158 audit of its accounts and records to be conducted by an 159 independent certified public accountant licensed under chapter 160 473, Florida Statutes. 161 (7) The council shall, by September 30, 2014, adopt bylaws 162 to carry out the intent and purposes of this section. These 163 bylaws may be amended upon 30 days’ written notice to board 164 members at any regular or special meeting called for such 165 purpose. The bylaws must conform to the requirements of this 166 section but may also address any matter not in conflict with the 167 general laws of this state. 168 Section 2. This act shall take effect July 1, 2014.