Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for SB 286
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/03/2014           .                                

       (Benacquisto) recommended the following:
    1         Senate Amendment (with title amendment)
    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.
  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.