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.
   18  Be It Enacted by the Legislature of the State of Florida:
   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.