1 | A bill to be entitled |
2 | An act relating to an assessment on the sale of |
3 | masonry units; creating the "Concrete Masonry Products |
4 | Research, Education, and Promotion Act"; providing |
5 | definitions; creating the Florida Concrete Masonry |
6 | Council, Inc., as a nonprofit corporation; authorizing |
7 | the council to levy an assessment on the sale of |
8 | masonry units by a manufacturer, under certain |
9 | circumstances; specifying the powers and duties of the |
10 | council; prohibiting the council from participating or |
11 | intervening in any political campaign; prohibiting the |
12 | council from using any receipt to benefit its |
13 | directors, officers, or other private persons; |
14 | prohibiting the council from engaging in certain |
15 | activities or exercising certain powers; providing for |
16 | the appointment of the governing board of the council; |
17 | providing that board members serve without |
18 | compensation; entitling members to receive |
19 | reimbursement for per diem and travel expenses; |
20 | authorizing the council to submit a referendum to |
21 | manufacturers of masonry units for authorization to |
22 | levy an assessment on the sale of concrete masonry |
23 | units; providing for the administrative powers and |
24 | duties of the council; authorizing the council to |
25 | accept grants, donations, contributions, or gifts |
26 | under certain circumstances; authorizing the council |
27 | to make payments to other organizations under certain |
28 | circumstances; requiring that a manufacturer of |
29 | concrete masonry products collect the assessment from |
30 | a purchaser at the time of sale of a concrete masonry |
31 | unit; authorizing the council to initiate legal action |
32 | against a manufacturer that fails to remit the |
33 | assessment; providing a procedure for manufacturers to |
34 | petition for a referendum to continue the assessment; |
35 | requiring the council to adopt bylaws; providing an |
36 | effective date. |
37 |
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38 | WHEREAS, the Legislature intends to promote the growth of |
39 | the concrete masonry industry in this state; to assure the |
40 | public that a superior, sustainable construction material is |
41 | produced by a skilled and educated workforce; to provide for the |
42 | general economic welfare of the state and of the producers, |
43 | contractors, and end-use consumers of masonry products; and to |
44 | provide the masonry industry of this state with the authority to |
45 | establish a self-financed, self-governed program to help |
46 | develop, maintain, and expand the state, national, and foreign |
47 | markets for masonry products and services that are mined, |
48 | manufactured, produced, or processed in this state, NOW, |
49 | THEREFORE, |
50 |
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51 | Be It Enacted by the Legislature of the State of Florida: |
52 |
|
53 | Section 1. Concrete Masonry Products Research, Education, |
54 | and Promotion Act.- |
55 | (1) SHORT TITLE.-This section may be cited as the |
56 | "Concrete Masonry Products Research, Education, and Promotion |
57 | Act." |
58 | (2) DEFINITIONS.-As used in this section, the term: |
59 | (a) "Commission" means the Florida Building Commission. |
60 | (b) "Concrete masonry products" refers to a broad class of |
61 | products, including, but not limited to, concrete masonry units |
62 | and hardscape products such as concrete pavers and segmental |
63 | retaining wall units that are manufactured on a block machine |
64 | using dry-cast concrete. |
65 | (c) "Concrete masonry unit" means a concrete masonry |
66 | product that is a man-made masonry unit having a nominal width |
67 | of 3 inches or greater and manufactured by a block machine using |
68 | dry-cast concrete. The term includes, but is not limited to, |
69 | gray block, architectural block, concrete brick, concrete |
70 | masonry units to be post-tensioned, concrete masonry units to be |
71 | surface-bonded, sound wall block, and fence block. The term does |
72 | not include concrete veneer units having a width of less than 3 |
73 | inches, segmental retaining wall units, concrete pavers, clay |
74 | brick, clay masonry units, precast panels, cast stone, adhered |
75 | manufactured stone masonry veneer, calcium silicate units, |
76 | lintels and sills, articulating concrete or revetment block, |
77 | autoclave-aerated concrete, and dimension stone. |
78 | (d) "Council" means the Florida Concrete Masonry Council, |
79 | Inc. |
80 | (e) "Machine cavity" means the open space in the mold of a |
81 | block machine capable of forming a single masonry unit that has |
82 | nominal plan dimensions of 8 inches by 16 inches. |
83 | (f) "Manufacturer" means a person engaged in the business |
84 | of manufacturing concrete masonry units. |
85 | (g) "Masonry unit" means a noncombustible building product |
86 | intended to be laid by hand or to be joined using mortar, grout, |
87 | surface bonding, post-tensioning, or some combination of these |
88 | methods. |
89 | (3) FLORIDA CONCRETE MASONRY COUNCIL, INC.; CREATION; |
90 | PURPOSES.- |
91 | (a) There is created the Florida Concrete Masonry Council, |
92 | Inc., a nonprofit corporation organized under the laws of this |
93 | state and operating as a direct-support organization of the |
94 | commission. |
95 | (b) The council may levy an assessment of 1 cent per |
96 | concrete masonry unit that is produced and sold by a |
97 | manufacturer in the state if the imposition of the assessment is |
98 | approved by referendum pursuant to subsection (5). The proceeds |
99 | of the assessment shall be used to fund the activities of the |
100 | council. With respect to the administration of the assessment, |
101 | the council shall: |
102 | 1. Develop, implement, and monitor a collection system for |
103 | the assessment which must be administered by an independent |
104 | third party. |
105 | 2. Conduct referenda under subsections (5) and (11). |
106 | (c) The council shall: |
107 | 1. Plan, implement, and conduct programs of education, |
108 | promotion, research, and consumer information and industry |
109 | information which are designed to strengthen the market position |
110 | of the concrete masonry industry in this state and in the |
111 | nation, to maintain and expand domestic and foreign markets, and |
112 | to expand the uses for concrete masonry products. |
113 | 2. Use the proceeds of the assessment for the purpose of |
114 | funding research, education, promotion, and consumer and |
115 | industry information of concrete masonry products in this state |
116 | and in the nation. |
117 | 3. Coordinate research, education, promotion, industry, |
118 | and consumer information programs with national programs or |
119 | programs of other states. |
120 | 4. Develop new uses and markets for concrete masonry |
121 | products. |
122 | 5. Develop and improve educational access to individuals |
123 | seeking employment in the field of concrete masonry. |
124 | 6. Develop methods of improving the quality of concrete |
125 | masonry products for the purpose of windstorm protection. |
126 | 7. Develop methods of improving the energy efficiency |
127 | attributes of concrete masonry products. |
128 | 8. Inform and educate the public concerning the |
129 | sustainability and economic benefits of concrete masonry |
130 | products. |
131 | 9. Serve as a liaison within the concrete masonry and |
132 | other construction industries of the state and elsewhere in |
133 | matters that would increase efficiencies that ultimately benefit |
134 | both the consumer and the concrete masonry industry. |
135 | 10. Buy, sell, mortgage, rent, or improve, in any manner |
136 | that the council considers expedient, real property or personal |
137 | property, or both. |
138 | 11. Publish and distribute such papers or periodicals as |
139 | the board of directors considers necessary to encourage and |
140 | accomplish the purposes of the council. |
141 | 12. Do all other acts necessary or expedient for the |
142 | administration of the affairs and attainment of the purposes of |
143 | the council. |
144 | 13. Approve an annual plan, budget, and audit for the |
145 | council. |
146 | (d)1. The council may not participate or intervene in any |
147 | political campaign on behalf of or in opposition to any |
148 | candidate for public office. This restriction includes, but is |
149 | not limited to, a prohibition against publishing or distributing |
150 | any statement. |
151 | 2. The net receipts of the council may not in any part |
152 | inure to the benefit of or be distributable to its directors, |
153 | its officers, or other private persons, except that the council |
154 | may pay reasonable compensation for services rendered by staff |
155 | employees and may make payments and distributions in furtherance |
156 | of the purposes of this section. |
157 | 3. Notwithstanding any other provision of law, the council |
158 | may not carry on any other activity not permitted to be carried |
159 | on by a corporation: |
160 | a. That is exempt from federal income tax under s. |
161 | 501(c)(3) of the Internal Revenue Code; or |
162 | b. To which charitable contributions are deductible under |
163 | s. 170(c)(2) of the Internal Revenue Code. |
164 | 4. Notwithstanding any other statement of the purposes and |
165 | responsibilities of the council, the council may not engage in |
166 | any activity or exercise any power that is not in furtherance of |
167 | its specific and primary purposes. |
168 | (4) GOVERNING BOARD.- |
169 | (a) The Florida Concrete Masonry Council, Inc., shall be |
170 | governed by a board of directors composed of 15 members as |
171 | follows: |
172 | 1. Nine members representing concrete masonry |
173 | manufacturers. Of these board members, at least five must be a |
174 | representative of a manufacturer that is a member of the Masonry |
175 | Association of Florida. These members must be representatives of |
176 | concrete masonry manufacturers of various sizes. A manufacturer |
177 | may not be represented by more than one member of the board. |
178 | 2. One member representing the Florida Building |
179 | Commission. |
180 | 3. One member representing the Florida Homebuilders |
181 | Association. |
182 | 4. One member having expertise in apprenticeship or |
183 | vocational training. |
184 | 5. Two members who are masonry contractors and who are |
185 | members of the Masonry Association of Florida. |
186 | 6. One member who is not a masonry contractor or |
187 | manufacturer or an employee of a masonry contractor or |
188 | manufacturer, but who is otherwise a stakeholder in the masonry |
189 | industry. |
190 | (b) The initial board of directors shall be appointed by |
191 | the chair of the commission based on recommendations from the |
192 | Masonry Association of Florida. Five of the initial board |
193 | members shall be appointed to a 1-year term. Five shall be |
194 | appointed for a 2-year term. The remaining board members shall |
195 | be appointed for a 3-year term. Thereafter, each member shall be |
196 | appointed to serve a 3-year term and may be reappointed to serve |
197 | an additional consecutive term. After the initial appointments |
198 | are made, each subsequent vacancy must be filled in accordance |
199 | with the bylaws of the council. A member may not serve more than |
200 | two consecutive terms. A member representing a manufacturer or a |
201 | contractor must be employed by a manufacturer or contractor |
202 | engaging in the trade or manufacture of concrete masonry |
203 | products for at least 5 years immediately preceding the first |
204 | day of his or her service on the board. All members of the board |
205 | shall serve without compensation. However, the board members are |
206 | entitled to reimbursement for per diem and travel expenses |
207 | incurred in carrying out the intents and purposes of this |
208 | section in accordance with s. 112.061, Florida Statutes. |
209 | (c) The council shall elect from its members a chair, vice |
210 | chair, and a secretary-treasurer to a 2-year term. The chair of |
211 | the board must be a concrete masonry manufacturer. |
212 | (d) The council shall provide for its officers through its |
213 | bylaws, including the ability to set forth offices and |
214 | responsibilities and form committees necessary for the |
215 | administration of this section. |
216 | (e) If a member of the board is absent for two |
217 | consecutive, officially called meetings, the board of directors |
218 | may declare that position vacant. |
219 | (f) The council shall provide through its bylaws a |
220 | mechanism for selecting board members which will require the |
221 | council to solicit candidates from throughout the concrete |
222 | masonry industry. The mechanism must ensure a fair and equitable |
223 | representation on the board of manufacturers of various sizes |
224 | and manufacturers from regions throughout the state. |
225 | (5) REFERENDUM ON ASSESSMENTS.-All concrete masonry |
226 | manufacturers in this state may vote in a referendum to |
227 | determine whether the council may levy an assessment of 1 cent |
228 | per concrete masonry unit. The referendum shall pose the |
229 | question: "Do you approve of authorizing the Florida Concrete |
230 | Masonry Council, Inc., to levy an assessment, pursuant to |
231 | Florida law, of $0.01 per concrete masonry unit sold by a |
232 | manufacturer in this state, to be used for the education of |
233 | concrete masonry workers, research, and the promotion of |
234 | concrete masonry products?" The ballot provided to each |
235 | manufacturer must be accompanied with a copy of this section. |
236 | The duration of an authorization to levy the assessment may not |
237 | exceed 5 years following the date of the approval of the levy |
238 | unless reauthorized pursuant to subsection (11). |
239 | (a) A referendum held under this section must be conducted |
240 | by the Bureau of Economic and Business Research at the |
241 | University of Florida by secret ballot in a manner prescribed by |
242 | the council and approved by the commission. The council may |
243 | solicit and accept contributions to fund costs incurred for the |
244 | referendum. |
245 | (b) Notice of a referendum to be held under this section |
246 | must be given by certified mail to each manufacturer at least 30 |
247 | days before the referendum is held. |
248 | (c) Each manufacturer is entitled to at least one vote |
249 | plus one vote for every 10 machine cavities that are owned by |
250 | the manufacturer and located in this state 90 days before the |
251 | date of the referendum. However, a manufacturer may not have |
252 | more than four votes. Proof of identification of the |
253 | manufacturing of concrete masonry products and of the number of |
254 | machine cavities must be presented before voting. |
255 | (d) A simple majority vote shall determine any issue that |
256 | requires a referendum under this section. |
257 | (6) ADMINISTRATIVE POWERS AND DUTIES OF THE COUNCIL.- |
258 | (a) The council shall: |
259 | 1. Receive and disburse funds, as prescribed elsewhere in |
260 | this section, to be used in administering and implementing this |
261 | section. |
262 | 2. Maintain a permanent record of its business |
263 | proceedings. |
264 | 3. Maintain a permanent, detailed record of its financial |
265 | dealings. |
266 | 4. Prepare, for review by the concrete masonry industry in |
267 | this state, periodic reports and an annual report for each |
268 | fiscal year of its activities, and file the annual report with |
269 | the commission. |
270 | 5. Prepare, for review by the concrete masonry industry in |
271 | this state, periodic reports and an annual accounting for each |
272 | fiscal year of all receipts and expenditures, and retain a |
273 | certified public accountant for this purpose. |
274 | 6. Appoint a licensed banking institution to serve as the |
275 | depository for program funds and handle disbursements of those |
276 | funds. |
277 | 7. Maintain frequent communication with public officers at |
278 | the state and national levels, including the commission. |
279 | 8. Maintain an office in this state. |
280 | (b) The council may: |
281 | 1. Conduct or contract for scientific research with any |
282 | accredited university, college, or similar institution, and |
283 | enter into other contracts or agreements that will aid in |
284 | carrying out the purposes of this section, including contracts |
285 | for the purchase or acquisition of facilities or equipment |
286 | necessary to carry out the purposes of this section. |
287 | 2. Disseminate reliable information benefiting the |
288 | consumer and the concrete masonry industry. |
289 | 3. Provide to governmental bodies, on request, information |
290 | relating to subjects of concern to the concrete masonry |
291 | industry, and act jointly or in cooperation with the state or |
292 | Federal Government, and agencies thereof, in the development or |
293 | administration of programs that the council considers to be |
294 | consistent with the objectives of this section. |
295 | 4. Sue and be sued as a council without individual |
296 | liability of the members for acts of the council when acting |
297 | within the scope of the powers of this section and in the manner |
298 | prescribed by the laws of this state. |
299 | 5. Borrow from licensed lending institutions money in |
300 | amounts that are not cumulatively greater than 50 percent of the |
301 | council's anticipated annual income. |
302 | 6. Maintain a financial reserve for emergency use, the |
303 | total of which must not exceed 50 percent of the council's |
304 | anticipated annual income. |
305 | 7. Appoint advisory groups composed of representatives |
306 | from organizations, institutions, governments, or businesses |
307 | related to or interested in the welfare of the concrete masonry |
308 | industry and the end-use consumer. |
309 | 8. Employ subordinate officers and employees of the |
310 | council, prescribe their duties, and fix their compensation and |
311 | terms of employment. |
312 | 9. Cooperate with any local, state, regional, or |
313 | nationwide organization or agency engaged in work or activities |
314 | consistent with the objectives of the program. |
315 | 10. Cause any duly authorized agent or representative to |
316 | enter upon the premises of any market agency, market agent, |
317 | collection agency, or manufacturer and examine or cause to be |
318 | examined by the authorized agent only books, papers, and records |
319 | that deal with the payment of the assessment provided for in |
320 | this section or with the enforcement of this section. |
321 | 11. Do all other things necessary to further the intent of |
322 | this section which are not prohibited by law. |
323 | (7) ACCEPTANCE OF GRANTS AND GIFTS.-The council may accept |
324 | grants, donations, contributions, or gifts from any source if |
325 | the use of such resources is not restricted in any manner that |
326 | the council considers to be inconsistent with the objectives of |
327 | this section. |
328 | (8) PAYMENTS TO ORGANIZATIONS.- |
329 | (a) The council may make payments to other organizations |
330 | for work or services performed which are consistent with the |
331 | objectives of the program. |
332 | (b) Before making payments described in this subsection, |
333 | the council must secure a written agreement that the |
334 | organization receiving payment will: |
335 | 1. Furnish at least annually, or more frequently on |
336 | request of the council, written or printed reports of program |
337 | activities and reports of financial data that are relative to |
338 | the council's funding of such activities; and |
339 | 2. Agree to have appropriate representatives attend |
340 | business meetings of the council as reasonably requested by the |
341 | chair of the council. |
342 | (c) The council may require adequate proof of security |
343 | bonding on the payments to any individual, business, or other |
344 | organization. |
345 | (9) COLLECTION OF MONEYS AT TIME OF SALE.- |
346 | (a) Each manufacturer shall assess from the purchaser, at |
347 | the time of sale by the manufacturer, the assessment levied by |
348 | the council. The amount of the assessment must be separately |
349 | stated on all receipts, invoices, or other evidence of sale as |
350 | the "Florida Building Sustainability Fee." |
351 | (b) The manufacturer shall collect all such moneys and |
352 | forward them quarterly to the council, and the council shall |
353 | provide appropriate business forms for the convenience of the |
354 | collecting agent in executing this duty. |
355 | (c) The council shall maintain within its financial |
356 | records a separate accounting of all moneys received under this |
357 | subsection. The council shall provide for an annual financial |
358 | audit of its accounts and records to be conducted by an |
359 | independent certified public accountant pursuant to rules |
360 | adopted by the Auditor General under s. 11.45, Florida Statutes. |
361 | (d) The assessment is due and payable upon the sale of |
362 | concrete masonry units that are produced in this state, |
363 | regardless of the location of the purchaser. The assessment |
364 | constitutes a personal debt of the manufacturer of concrete |
365 | masonry units who collects the assessment or who otherwise owes |
366 | the assessment. If a manufacturer fails to remit any properly |
367 | due assessment, the council may bring a civil action against the |
368 | manufacturer in the circuit court of any county for the |
369 | collection thereof, and may add a penalty in the amount of 10 |
370 | percent of the assessment owed, the cost of enforcing the |
371 | collection of the assessment, court costs, and reasonable |
372 | attorney's fees. The action shall be tried and judgment rendered |
373 | as in any other cause of action for debts due and payable. All |
374 | assessments, penalties, and enforcement costs are due and |
375 | payable to the council. |
376 | (10) VOTE ON CONTINUING THE ASSESSMENT.-Upon the delivery |
377 | by certified mail to the council of petitions that represent at |
378 | least 25 percent of the votes allocated under subsection (5) and |
379 | that ask, "Shall the assessment authorized by the Concrete |
380 | Masonry Products Research, Education, and Promotion Act |
381 | continue?" the council shall, within 90 days after the receipt |
382 | of the petitions, conduct a referendum to determine whether a |
383 | majority of the votes cast in the referendum support the |
384 | continuation of the Concrete Masonry Products Research, |
385 | Education, and Promotion Act. All signatures must be collected |
386 | within a 12-month period. A referendum held under this |
387 | subsection may not be held more than one time in a 3-year |
388 | period. Before each referendum, votes shall be reallocated using |
389 | the method described in subsection (5). |
390 | (11) BYLAWS.-The council shall, by September 30, 2012, |
391 | adopt bylaws to carry out the intents and purposes of this |
392 | section. These bylaws may be amended upon 30-days' notice to |
393 | board members at any regular or special meeting called for this |
394 | purpose. The bylaws must conform to the requirements of this |
395 | section but may also address any matter not in conflict with the |
396 | general laws of this state. |
397 | Section 2. This act shall take effect July 1, 2012. |