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

    1         Senate Amendment 
    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.