Florida Senate - 2014                              CS for SB 286
       By the Committee on Regulated Industries; and Senators Richter,
       Latvala, Detert, Garcia, Bradley, Flores, and Smith
       580-01791-14                                           2014286c1
    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 Economic Opportunity.
   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         8. By January 15 of each year, provide a report to the
   50  Governor, the President of the Senate, and the Speaker of the
   51  House of Representatives outlining the revenues received by the
   52  council, the percentage of the industry participating in the
   53  program, the use of the funds received, the number of
   54  individuals who have received training or assistance in the
   55  reporting year from the programs supported by the council, the
   56  goals and objectives for the year and methods of achieving those
   57  goals, and information relating to job placement and industry
   58  workforce needs.
   59         (c) The council may:
   60         1. Provide to governmental bodies, upon request,
   61  information relating to subjects of concern to the concrete
   62  masonry industry and act jointly or in cooperation with the
   63  state or Federal Government and their agencies in the
   64  development or administration of programs that the council
   65  considers to be consistent with the objectives of this section.
   66         2. Sue and be sued as a council without incurring
   67  individual liability of the members for actions of the council
   68  when acting within the scope of the powers conferred by this
   69  section and in the manner prescribed by the laws of this state.
   70         3. Maintain a financial reserve for emergency use, which
   71  may not exceed 10 percent of the council’s income.
   72         4. Employ subordinate officers and employees of the
   73  council, prescribe their duties, and fix their compensation and
   74  terms of employment.
   75         5. Cooperate with any local, state, regional, or nationwide
   76  organization or agency engaged in work or activities consistent
   77  with the objectives of this section.
   78         6. Meet with concrete masonry manufacturers in this state
   79  to coordinate the collection of self-imposed voluntary
   80  assessments on concrete masonry units.
   81         7. Do all other things necessary to further the intent of
   82  this section which are not prohibited by law.
   83         (d)1. The council may not participate or intervene in any
   84  political campaign on behalf of or in opposition to any
   85  candidate for public office or any state or local ballot
   86  initiative, including, but not limited to, the publication or
   87  distribution of any statement.
   88         2. The net receipts of the council may not inure to the
   89  benefit of or be distributable to its directors, its officers,
   90  or other private persons; however, the council may pay
   91  reasonable compensation for services rendered by council
   92  officers and employees and may make payments and distributions
   93  in furtherance of the purposes of this section.
   94         3. Notwithstanding any other provision of law, the council
   95  may not carry on any other activity not permitted to be carried
   96  on by a corporation:
   97         a. That is exempt from federal income taxation under s.
   98  501(c)(3) of the Internal Revenue Code; or
   99         b. To which charitable contributions are deductible under
  100  s. 170(c)(2) of the Internal Revenue Code.
  101         (3)(a) The Florida Concrete Masonry Education Council,
  102  Inc., shall be governed by a board of directors consisting of 15
  103  members, as follows:
  104         1. Nine members representing concrete masonry manufacturers
  105  of various sizes, each of whom must represent a different
  106  manufacturer. Of these members, at least five must be
  107  representatives of manufacturers that are members of the Masonry
  108  Association of Florida.
  109         2. One member representing a major building industry
  110  association in the state.
  111         3. One member having expertise in apprenticeship or
  112  workforce education training.
  113         4. Two members who are masonry contractors and who are
  114  members of the Masonry Association of Florida.
  115         5. 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         6. The Chancellor of Career and Adult Education or his or
  120  her designee.
  121         (b) The initial board of directors shall consist of 15
  122  voting members, with the Governor, the President of the Senate,
  123  and the Speaker of the House of Representatives each making five
  124  appointments after soliciting recommendations from the Masonry
  125  Association of Florida. Five of the initial board members shall
  126  be appointed to a 1-year term: two who are appointed by the
  127  Governor, two who are appointed by the President of the Senate,
  128  and one who is appointed by the Speaker of the House of
  129  Representatives. Five of the initial board members shall be
  130  appointed to 2-year terms: two who are appointed by the
  131  Governor, one who is appointed by the President of the Senate,
  132  and two who are appointed by the Speaker of the House of
  133  Representatives. Five of the initial board members shall be
  134  appointed to 3-year terms: one appointed by the Governor, two
  135  appointed by the President of the Senate, and two appointed by
  136  the Speaker of the House of Representatives. Each subsequent
  137  vacancy shall be filled in accordance with the initial
  138  appointment. Participation in the voluntary assessment on
  139  concrete masonry units is not a requirement of appointment.
  140  Thereafter, members shall be appointed to 3-year terms and may
  141  be reappointed to one additional consecutive term. In addition
  142  to the 15 voting members, the executive director of the
  143  Department of Economic Opportunity, or his or her designee,
  144  shall serve as an ex officio nonvoting member. A member
  145  representing a manufacturer must have been employed by a
  146  manufacturer engaging in the trade of manufacture of concrete
  147  masonry products for at least 5 years immediately preceding the
  148  first day of his or her service on the board. All members of the
  149  board shall serve without compensation but are entitled to
  150  reimbursement for per diem and travel expenses incurred in
  151  carrying out the intent and purposes of this section in
  152  accordance with s. 112.061, Florida Statutes.
  153         (4) The council may accept grants, donations,
  154  contributions, or gifts from any source if the use of such
  155  resources is not restricted in a manner that the council
  156  considers to be inconsistent with the objectives of this
  157  section.
  158         (5)(a) The council may make payments to other organizations
  159  for work or services performed which are consistent with the
  160  objectives of this section.
  161         (b) Before making such payments, the council must secure a
  162  written agreement that the organization receiving payment will
  163  furnish at least annually, or more frequently on the request of
  164  the council, printed or written reports of program activities.
  165  The reports must include financial data relative to the
  166  council’s funding of such activities.
  167         (c) The council may require adequate proof of security
  168  bonding on the payments to any individual, business, or other
  169  organization.
  170         (6)(a) The self-imposed voluntary assessment shall be paid
  171  for each masonry unit produced and sold by the manufacturer.
  172         (b) Each manufacturer that elects to pay the self-imposed
  173  voluntary assessment must commit to paying the assessment for at
  174  least 1 year. Thereafter, the manufacturer may elect to
  175  terminate payment or continue payment for the next year.
  176         (c) The manufacturer shall collect all such moneys and
  177  forward them quarterly to the council.
  178         (d) The council shall maintain within its financial records
  179  a separate accounting of all moneys received under this
  180  subsection. The council shall provide for an annual financial
  181  audit of its accounts and records to be conducted by an
  182  independent certified public accountant licensed under chapter
  183  473, Florida Statutes.
  184         (7) The council shall, by September 30, 2014, adopt bylaws
  185  to carry out the intent and purposes of this section. These
  186  bylaws may be amended upon 30 days’ written notice to board
  187  members at any regular or special meeting called for such
  188  purpose. The bylaws must conform to the requirements of this
  189  section but may also address any matter not in conflict with the
  190  general laws of this state.
  191         Section 2. This act shall take effect July 1, 2014.