Florida Senate - 2013 COMMITTEE AMENDMENT Bill No. CS for SB 1252 Barcode 228936 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/11/2013 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Regulated Industries (Galvano) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 870 and 871 4 insert: 5 Section 22. Concrete Masonry Products Research, Education, 6 and Promotion Act.— 7 (1) SHORT TITLE.—This section may be cited as the “Concrete 8 Masonry Products Research, Education, and Promotion Act.” 9 (2) FLORIDA CONCRETE MASONRY COUNCIL, INC.; CREATION; 10 PURPOSES.— 11 (a) There is created the Florida Concrete Masonry Council, 12 Inc., a nonprofit corporation organized under the laws of this 13 state and operating as a direct-support organization of the 14 Florida Building Commission. 15 (b) The council shall: 16 1. Develop, implement, and monitor a system for the 17 definition of masonry products and for the collection of self 18 imposed voluntary assessments. 19 2. Plan, implement, and conduct programs of education, 20 promotion, research, and consumer information and industry 21 information which are designed to strengthen the market position 22 of the concrete masonry industry in this state and in the 23 nation, to maintain and expand domestic and foreign markets, and 24 to expand the uses for concrete masonry products. 25 3. Use the means authorized by this subsection for the 26 purpose of funding research, education, promotion, and consumer 27 and industry information of concrete masonry products in this 28 state and in the nation. 29 4. Coordinate research, education, promotion, industry, and 30 consumer information programs with national programs or programs 31 of other states. 32 5. Develop new uses and markets for concrete masonry 33 products. 34 6. Develop and improve educational access to individuals 35 seeking employment in the field of concrete masonry. 36 7. Develop methods of improving the quality of concrete 37 masonry products for the purpose of windstorm protection. 38 8. Develop methods of improving the energy efficiency 39 attributes of concrete masonry products. 40 9. Inform and educate the public concerning the 41 sustainability and economic benefits of concrete masonry 42 products. 43 10. Do all other acts necessary or expedient for the 44 administration of the affairs and attainment of the purposes of 45 the council. 46 (c) The council may: 47 1. Conduct or contract for scientific research with any 48 accredited university, college, or similar institution and enter 49 into other contracts or agreements that will aid in carrying out 50 the purposes of this section, including contracts for the 51 purchase or acquisition of facilities or equipment necessary to 52 carry out the purposes of this section. 53 2. Disseminate reliable information benefiting the consumer 54 and the concrete masonry industry. 55 3. Provide to governmental bodies, on request, information 56 relating to subjects of concern to the concrete masonry industry 57 and act jointly or in cooperation with the state or Federal 58 Government, and agencies thereof, in the development or 59 administration of programs that the council considers to be 60 consistent with the objectives of this section. 61 4. Sue and be sued as a council without individual 62 liability of the members for acts of the council when acting 63 within the scope of the powers of this section and in the manner 64 prescribed by the laws of this state. 65 5. Maintain a financial reserve for emergency use, the 66 total of which must not exceed 50 percent of the council’s 67 anticipated annual income. 68 6. Employ subordinate officers and employees of the 69 council, prescribe their duties, and fix their compensation and 70 terms of employment. 71 7. Cooperate with any local, state, regional, or nationwide 72 organization or agency engaged in work or activities consistent 73 with the objectives of the program. 74 8. Do all other things necessary to further the intent of 75 this section which are not prohibited by law. 76 (d) The council and concrete masonry manufacturers may meet 77 and coordinate the collection of self-imposed voluntary 78 assessments for each concrete masonry unit that is produced and 79 sold by manufacturers in the state. 80 (e)1. The council may not participate or intervene in any 81 political campaign on behalf of or in opposition to any 82 candidate for public office or any state or local ballot 83 initiative. This restriction includes, but is not limited to, a 84 prohibition against publishing or distributing any statement. 85 2. The net receipts of the council may not in any part 86 inure to the benefit of or be distributable to its directors, 87 its officers, or other private persons, except that the council 88 may pay reasonable compensation for services rendered by staff 89 employees and may make payments and distributions in furtherance 90 of the purposes of this section. 91 3. Notwithstanding any other provision of law, the council 92 may not carry on any other activity not permitted to be carried 93 on by a corporation: 94 a. That is exempt from federal income tax under s. 95 501(c)(3) of the Internal Revenue Code; or 96 b. To which charitable contributions are deductible under 97 s. 170(c)(2) of the Internal Revenue Code. 98 (3) GOVERNING BOARD.— 99 (a) The Florida Concrete Masonry Council, Inc., shall be 100 governed by a board of directors composed of 15 members as 101 follows: 102 1. Nine members representing concrete masonry 103 manufacturers. Of these board members, at least five must be a 104 representative of a manufacturer that is a member of the Masonry 105 Association of Florida. These members must be representatives of 106 concrete masonry manufacturers of various sizes. A manufacturer 107 may not be represented by more than one member of the board. 108 2. One member representing the Florida Building Commission. 109 3. One member representing the Florida Home Builders 110 Association. 111 4. One member having expertise in apprenticeship or 112 vocational training. 113 5. Two members who are masonry contractors and who are 114 members of the Masonry Association of Florida. 115 6. One member who is not a masonry contractor or 116 manufacturer or an employee of a masonry contractor or 117 manufacturer, but who is otherwise a stakeholder in the masonry 118 industry. 119 (b) The initial board of directors shall be appointed by 120 the chair of the commission based on recommendations from the 121 Masonry Association of Florida. Five of the initial board 122 members shall be appointed to a 1-year term. Five shall be 123 appointed for a 2-year term. The remaining board members shall 124 be appointed for a 3-year term. Thereafter, each member shall be 125 appointed to serve a 3-year term and may be reappointed to serve 126 an additional consecutive term. After the initial appointments 127 are made, each subsequent vacancy shall be filled in accordance 128 with the bylaws of the council. A member may not serve more than 129 two consecutive terms. A member representing a manufacturer or a 130 contractor must be employed by a manufacturer or contractor 131 engaging in the trade of manufacture of concrete masonry 132 products for at least 5 years immediately preceding the first 133 day of his or her service on the board. All members of the board 134 shall serve without compensation. However, the board members are 135 entitled to reimbursement for per diem and travel expenses 136 incurred in carrying out the intents and purposes of this 137 section in accordance with s. 112.061, Florida Statutes. 138 (c) The council shall elect from its members a chair, vice 139 chair, and a secretary-treasurer to a 2-year term each. The 140 chair of the board must be a concrete masonry manufacturer. 141 (d) The initial board of directors shall adopt bylaws to 142 govern initial terms of directors, governance of board members 143 and meetings, term limits, and procedures for filling vacancies. 144 (4) ACCEPTANCE OF GRANTS AND GIFTS.—The council may accept 145 grants, donations, contributions, or gifts from any source if 146 the use of such resources is not restricted in any manner that 147 the council considers to be inconsistent with the objectives of 148 this section. 149 (5) PAYMENTS TO ORGANIZATIONS.— 150 (a) The council may make payments to other organizations 151 for work or services performed which are consistent with the 152 objectives of the program. 153 (b) Before making payments described in this subsection, 154 the council must secure a written agreement that the 155 organization receiving payment will furnish at least annually, 156 or more frequently on request of the council, written or printed 157 reports of program activities and reports of financial data that 158 are relative to the council’s funding of such activities. 159 (c) The council may require adequate proof of security 160 bonding on the payments to any individual, business, or other 161 organization. 162 (6) COLLECTION OF MONEYS AT TIME OF SALE.— 163 (a) If a self-imposed voluntary assessment is paid by a 164 manufacturer, each manufacturer shall list on its invoice to the 165 purchaser, at the time of sale by the manufacturer, such 166 assessment. The amount of the assessment must be separately 167 stated on all receipts, invoices, or other evidence of sale as 168 the “Florida Building Sustainability Assessment.” 169 (b) Each manufacturer that elects to self-impose a 170 voluntary assessment shall commit to the assessment for a period 171 of not less than 1 year and shall annually be authorized to 172 renew or end the self-imposed voluntary assessment. 173 (c) The manufacturer shall collect all such moneys and 174 forward them quarterly to the council. 175 (d) The council shall maintain within its financial records 176 a separate accounting of all moneys received under this 177 subsection. The council shall provide for an annual financial 178 audit of its accounts and records to be conducted by an 179 independent certified public accountant licensed under chapter 180 473. 181 (7) BYLAWS.—The council shall, by September 30, 2013, adopt 182 bylaws to carry out the intents and purposes of this section. 183 These bylaws may be amended upon 30 days’ notice to board 184 members at any regular or special meeting called for this 185 purpose. The bylaws must conform to the requirements of this 186 section but may also address any matter not in conflict with the 187 general laws of this state. 188 189 ================= T I T L E A M E N D M E N T ================ 190 And the title is amended as follows: 191 Delete line 67 192 and insert: 193 and certification program to certify raters; providing 194 a short title; creating the Florida Concrete Masonry 195 Council, Inc.; authorizing the council to levy an 196 assessment on the sale of concrete masonry units under 197 certain circumstances; providing the powers and duties 198 of the council and restrictions upon actions of the 199 council; providing for appointment of the governing 200 board of the council; authorizing the council to 201 submit a referendum to manufacturers of concrete 202 masonry units for authorization to levy an assessment 203 on the sale of concrete masonry units; providing 204 procedure for holding the referendum; authorizing the 205 council to accept grants, donations, contributions, 206 and gifts under certain circumstances; authorizing the 207 council to make payments to other organizations under 208 certain circumstances; providing requirements for the 209 manufacturer’s collection of assessments; requiring 210 the council to adopt bylaws; providing