Bill Text: FL H0403 | 2012 | Regular Session | Introduced

---

Bill Title: Assessment on the Sale of Masonry Units

Spectrum: Moderate Partisan Bill (Republican 8-1)

Status: (Failed) 2012-03-09 - Died in Business and Consumer Affairs Subcommittee [H0403 Detail]

Download: Florida-2012-H0403-Introduced.html

---

HB 403

1	A bill to be entitled
2	An act relating to an assessment on the sale of
3	masonry units; creating the "Concrete Masonry Products
4	Research, Education, and Promotion Act"; providing
5	definitions; creating the Florida Concrete Masonry
6	Council, Inc., as a nonprofit corporation; authorizing
7	the council to levy an assessment on the sale of
8	masonry units by a manufacturer, under certain
9	circumstances; specifying the powers and duties of the
10	council; prohibiting the council from participating or
11	intervening in any political campaign; prohibiting the
12	council from using any receipt to benefit its
13	directors, officers, or other private persons;
14	prohibiting the council from engaging in certain
15	activities or exercising certain powers; providing for
16	the appointment of the governing board of the council;
17	providing that board members serve without
18	compensation; entitling members to receive
19	reimbursement for per diem and travel expenses;
20	authorizing the council to submit a referendum to
21	manufacturers of masonry units for authorization to
22	levy an assessment on the sale of concrete masonry
23	units; providing for the administrative powers and
24	duties of the council; authorizing the council to
25	accept grants, donations, contributions, or gifts
26	under certain circumstances; authorizing the council
27	to make payments to other organizations under certain
28	circumstances; requiring that a manufacturer of
29	concrete masonry products collect the assessment from
30	a purchaser at the time of sale of a concrete masonry
31	unit; authorizing the council to initiate legal action
32	against a manufacturer that fails to remit the
33	assessment; providing a procedure for manufacturers to
34	petition for a referendum to continue the assessment;
35	requiring the council to adopt bylaws; providing an
36	effective date.
37
38	WHEREAS, the Legislature intends to promote the growth of
39	the concrete masonry industry in this state; to assure the
40	public that a superior, sustainable construction material is
41	produced by a skilled and educated workforce; to provide for the
42	general economic welfare of the state and of the producers,
43	contractors, and end-use consumers of masonry products; and to
44	provide the masonry industry of this state with the authority to
45	establish a self-financed, self-governed program to help
46	develop, maintain, and expand the state, national, and foreign
47	markets for masonry products and services that are mined,
48	manufactured, produced, or processed in this state, NOW,
49	THEREFORE,
50
51	Be It Enacted by the Legislature of the State of Florida:
52
53	Section 1.  Concrete Masonry Products Research, Education,
54	and Promotion Act.-
55	(1)  SHORT TITLE.-This section may be cited as the
56	"Concrete Masonry Products Research, Education, and Promotion
57	Act."
58	(2)  DEFINITIONS.-As used in this section, the term:
59	(a)  "Commission" means the Florida Building Commission.
60	(b)  "Concrete masonry products" refers to a broad class of
61	products, including, but not limited to, concrete masonry units
62	and hardscape products such as concrete pavers and segmental
63	retaining wall units that are manufactured on a block machine
64	using dry-cast concrete.
65	(c)  "Concrete masonry unit" means a concrete masonry
66	product that is a man-made masonry unit having a nominal width
67	of 3 inches or greater and manufactured by a block machine using
68	dry-cast concrete. The term includes, but is not limited to,
69	gray block, architectural block, concrete brick, concrete
70	masonry units to be post-tensioned, concrete masonry units to be
71	surface-bonded, sound wall block, and fence block. The term does
72	not include concrete veneer units having a width of less than 3
73	inches, segmental retaining wall units, concrete pavers, clay
74	brick, clay masonry units, precast panels, cast stone, adhered
75	manufactured stone masonry veneer, calcium silicate units,
76	lintels and sills, articulating concrete or revetment block,
77	autoclave-aerated concrete, and dimension stone.
78	(d)  "Council" means the Florida Concrete Masonry Council,
79	Inc.
80	(e)  "Machine cavity" means the open space in the mold of a
81	block machine capable of forming a single masonry unit that has
82	nominal plan dimensions of 8 inches by 16 inches.
83	(f)  "Manufacturer" means a person engaged in the business
84	of manufacturing concrete masonry units.
85	(g)  "Masonry unit" means a noncombustible building product
86	intended to be laid by hand or to be joined using mortar, grout,
87	surface bonding, post-tensioning, or some combination of these
88	methods.
89	(3)  FLORIDA CONCRETE MASONRY COUNCIL, INC.; CREATION;
90	PURPOSES.-
91	(a)  There is created the Florida Concrete Masonry Council,
92	Inc., a nonprofit corporation organized under the laws of this
93	state and operating as a direct-support organization of the
94	commission.
95	(b)  The council may levy an assessment of 1 cent per
96	concrete masonry unit that is produced and sold by a
97	manufacturer in the state if the imposition of the assessment is
98	approved by referendum pursuant to subsection (5). The proceeds
99	of the assessment shall be used to fund the activities of the
100	council. With respect to the administration of the assessment,
101	the council shall:
102	1.  Develop, implement, and monitor a collection system for
103	the assessment which must be administered by an independent
104	third party.
105	2.  Conduct referenda under subsections (5) and (11).
106	(c)  The council shall:
107	1.  Plan, implement, and conduct programs of education,
108	promotion, research, and consumer information and industry
109	information which are designed to strengthen the market position
110	of the concrete masonry industry in this state and in the
111	nation, to maintain and expand domestic and foreign markets, and
112	to expand the uses for concrete masonry products.
113	2.  Use the proceeds of the assessment for the purpose of
114	funding research, education, promotion, and consumer and
115	industry information of concrete masonry products in this state
116	and in the nation.
117	3.  Coordinate research, education, promotion, industry,
118	and consumer information programs with national programs or
119	programs of other states.
120	4.  Develop new uses and markets for concrete masonry
121	products.
122	5.  Develop and improve educational access to individuals
123	seeking employment in the field of concrete masonry.
124	6.  Develop methods of improving the quality of concrete
125	masonry products for the purpose of windstorm protection.
126	7.  Develop methods of improving the energy efficiency
127	attributes of concrete masonry products.
128	8.  Inform and educate the public concerning the
129	sustainability and economic benefits of concrete masonry
130	products.
131	9.  Serve as a liaison within the concrete masonry and
132	other construction industries of the state and elsewhere in
133	matters that would increase efficiencies that ultimately benefit
134	both the consumer and the concrete masonry industry.
135	10.  Buy, sell, mortgage, rent, or improve, in any manner
136	that the council considers expedient, real property or personal
137	property, or both.
138	11.  Publish and distribute such papers or periodicals as
139	the board of directors considers necessary to encourage and
140	accomplish the purposes of the council.
141	12.  Do all other acts necessary or expedient for the
142	administration of the affairs and attainment of the purposes of
143	the council.
144	13.  Approve an annual plan, budget, and audit for the
145	council.
146	(d)1.  The council may not participate or intervene in any
147	political campaign on behalf of or in opposition to any
148	candidate for public office. This restriction includes, but is
149	not limited to, a prohibition against publishing or distributing
150	any statement.
151	2.  The net receipts of the council may not in any part
152	inure to the benefit of or be distributable to its directors,
153	its officers, or other private persons, except that the council
154	may pay reasonable compensation for services rendered by staff
155	employees and may make payments and distributions in furtherance
156	of the purposes of this section.
157	3.  Notwithstanding any other provision of law, the council
158	may not carry on any other activity not permitted to be carried
159	on by a corporation:
160	a.  That is exempt from federal income tax under s.
161	501(c)(3) of the Internal Revenue Code; or
162	b.  To which charitable contributions are deductible under
163	s. 170(c)(2) of the Internal Revenue Code.
164	4.  Notwithstanding any other statement of the purposes and
165	responsibilities of the council, the council may not engage in
166	any activity or exercise any power that is not in furtherance of
167	its specific and primary purposes.
168	(4)  GOVERNING BOARD.-
169	(a)  The Florida Concrete Masonry Council, Inc., shall be
170	governed by a board of directors composed of 15 members as
171	follows:
172	1.  Nine members representing concrete masonry
173	manufacturers. Of these board members, at least five must be a
174	representative of a manufacturer that is a member of the Masonry
175	Association of Florida. These members must be representatives of
176	concrete masonry manufacturers of various sizes. A manufacturer
177	may not be represented by more than one member of the board.
178	2.  One member representing the Florida Building
179	Commission.
180	3.  One member representing the Florida Homebuilders
181	Association.
182	4.  One member having expertise in apprenticeship or
183	vocational training.
184	5.  Two members who are masonry contractors and who are
185	members of the Masonry Association of Florida.
186	6.  One member who is not a masonry contractor or
187	manufacturer or an employee of a masonry contractor or
188	manufacturer, but who is otherwise a stakeholder in the masonry
189	industry.
190	(b)  The initial board of directors shall be appointed by
191	the chair of the commission based on recommendations from the
192	Masonry Association of Florida. Five of the initial board
193	members shall be appointed to a 1-year term. Five shall be
194	appointed for a 2-year term. The remaining board members shall
195	be appointed for a 3-year term. Thereafter, each member shall be
196	appointed to serve a 3-year term and may be reappointed to serve
197	an additional consecutive term. After the initial appointments
198	are made, each subsequent vacancy must be filled in accordance
199	with the bylaws of the council. A member may not serve more than
200	two consecutive terms. A member representing a manufacturer or a
201	contractor must be employed by a manufacturer or contractor
202	engaging in the trade or manufacture of concrete masonry
203	products for at least 5 years immediately preceding the first
204	day of his or her service on the board. All members of the board
205	shall serve without compensation. However, the board members are
206	entitled to reimbursement for per diem and travel expenses
207	incurred in carrying out the intents and purposes of this
208	section in accordance with s. 112.061, Florida Statutes.
209	(c)  The council shall elect from its members a chair, vice
210	chair, and a secretary-treasurer to a 2-year term. The chair of
211	the board must be a concrete masonry manufacturer.
212	(d)  The council shall provide for its officers through its
213	bylaws, including the ability to set forth offices and
214	responsibilities and form committees necessary for the
215	administration of this section.
216	(e)  If a member of the board is absent for two
217	consecutive, officially called meetings, the board of directors
218	may declare that position vacant.
219	(f)  The council shall provide through its bylaws a
220	mechanism for selecting board members which will require the
221	council to solicit candidates from throughout the concrete
222	masonry industry. The mechanism must ensure a fair and equitable
223	representation on the board of manufacturers of various sizes
224	and manufacturers from regions throughout the state.
225	(5)  REFERENDUM ON ASSESSMENTS.-All concrete masonry
226	manufacturers in this state may vote in a referendum to
227	determine whether the council may levy an assessment of 1 cent
228	per concrete masonry unit. The referendum shall pose the
229	question: "Do you approve of authorizing the Florida Concrete
230	Masonry Council, Inc., to levy an assessment, pursuant to
231	Florida law, of $0.01 per concrete masonry unit sold by a
232	manufacturer in this state, to be used for the education of
233	concrete masonry workers, research, and the promotion of
234	concrete masonry products?" The ballot provided to each
235	manufacturer must be accompanied with a copy of this section.
236	The duration of an authorization to levy the assessment may not
237	exceed 5 years following the date of the approval of the levy
238	unless reauthorized pursuant to subsection (11).
239	(a)  A referendum held under this section must be conducted
240	by the Bureau of Economic and Business Research at the
241	University of Florida by secret ballot in a manner prescribed by
242	the council and approved by the commission. The council may
243	solicit and accept contributions to fund costs incurred for the
244	referendum.
245	(b)  Notice of a referendum to be held under this section
246	must be given by certified mail to each manufacturer at least 30
247	days before the referendum is held.
248	(c)  Each manufacturer is entitled to at least one vote
249	plus one vote for every 10 machine cavities that are owned by
250	the manufacturer and located in this state 90 days before the
251	date of the referendum. However, a manufacturer may not have
252	more than four votes. Proof of identification of the
253	manufacturing of concrete masonry products and of the number of
254	machine cavities must be presented before voting.
255	(d)  A simple majority vote shall determine any issue that
256	requires a referendum under this section.
257	(6)  ADMINISTRATIVE POWERS AND DUTIES OF THE COUNCIL.-
258	(a)  The council shall:
259	1.  Receive and disburse funds, as prescribed elsewhere in
260	this section, to be used in administering and implementing this
261	section.
262	2.  Maintain a permanent record of its business
263	proceedings.
264	3.  Maintain a permanent, detailed record of its financial
265	dealings.
266	4.  Prepare, for review by the concrete masonry industry in
267	this state, periodic reports and an annual report for each
268	fiscal year of its activities, and file the annual report with
269	the commission.
270	5.  Prepare, for review by the concrete masonry industry in
271	this state, periodic reports and an annual accounting for each
272	fiscal year of all receipts and expenditures, and retain a
273	certified public accountant for this purpose.
274	6.  Appoint a licensed banking institution to serve as the
275	depository for program funds and handle disbursements of those
276	funds.
277	7.  Maintain frequent communication with public officers at
278	the state and national levels, including the commission.
279	8.  Maintain an office in this state.
280	(b)  The council may:
281	1.  Conduct or contract for scientific research with any
282	accredited university, college, or similar institution, and
283	enter into other contracts or agreements that will aid in
284	carrying out the purposes of this section, including contracts
285	for the purchase or acquisition of facilities or equipment
286	necessary to carry out the purposes of this section.
287	2.  Disseminate reliable information benefiting the
288	consumer and the concrete masonry industry.
289	3.  Provide to governmental bodies, on request, information
290	relating to subjects of concern to the concrete masonry
291	industry, and act jointly or in cooperation with the state or
292	Federal Government, and agencies thereof, in the development or
293	administration of programs that the council considers to be
294	consistent with the objectives of this section.
295	4.  Sue and be sued as a council without individual
296	liability of the members for acts of the council when acting
297	within the scope of the powers of this section and in the manner
298	prescribed by the laws of this state.
299	5.  Borrow from licensed lending institutions money in
300	amounts that are not cumulatively greater than 50 percent of the
301	council's anticipated annual income.
302	6.  Maintain a financial reserve for emergency use, the
303	total of which must not exceed 50 percent of the council's
304	anticipated annual income.
305	7.  Appoint advisory groups composed of representatives
306	from organizations, institutions, governments, or businesses
307	related to or interested in the welfare of the concrete masonry
308	industry and the end-use consumer.
309	8.  Employ subordinate officers and employees of the
310	council, prescribe their duties, and fix their compensation and
311	terms of employment.
312	9.  Cooperate with any local, state, regional, or
313	nationwide organization or agency engaged in work or activities
314	consistent with the objectives of the program.
315	10.  Cause any duly authorized agent or representative to
316	enter upon the premises of any market agency, market agent,
317	collection agency, or manufacturer and examine or cause to be
318	examined by the authorized agent only books, papers, and records
319	that deal with the payment of the assessment provided for in
320	this section or with the enforcement of this section.
321	11.  Do all other things necessary to further the intent of
322	this section which are not prohibited by law.
323	(7)  ACCEPTANCE OF GRANTS AND GIFTS.-The council may accept
324	grants, donations, contributions, or gifts from any source if
325	the use of such resources is not restricted in any manner that
326	the council considers to be inconsistent with the objectives of
327	this section.
328	(8)  PAYMENTS TO ORGANIZATIONS.-
329	(a)  The council may make payments to other organizations
330	for work or services performed which are consistent with the
331	objectives of the program.
332	(b)  Before making payments described in this subsection,
333	the council must secure a written agreement that the
334	organization receiving payment will:
335	1.  Furnish at least annually, or more frequently on
336	request of the council, written or printed reports of program
337	activities and reports of financial data that are relative to
338	the council's funding of such activities; and
339	2.  Agree to have appropriate representatives attend
340	business meetings of the council as reasonably requested by the
341	chair of the council.
342	(c)  The council may require adequate proof of security
343	bonding on the payments to any individual, business, or other
344	organization.
345	(9)  COLLECTION OF MONEYS AT TIME OF SALE.-
346	(a)  Each manufacturer shall assess from the purchaser, at
347	the time of sale by the manufacturer, the assessment levied by
348	the council. The amount of the assessment must be separately
349	stated on all receipts, invoices, or other evidence of sale as
350	the "Florida Building Sustainability Fee."
351	(b)  The manufacturer shall collect all such moneys and
352	forward them quarterly to the council, and the council shall
353	provide appropriate business forms for the convenience of the
354	collecting agent in executing this duty.
355	(c)  The council shall maintain within its financial
356	records a separate accounting of all moneys received under this
357	subsection. The council shall provide for an annual financial
358	audit of its accounts and records to be conducted by an
359	independent certified public accountant pursuant to rules
360	adopted by the Auditor General under s. 11.45, Florida Statutes.
361	(d)  The assessment is due and payable upon the sale of
362	concrete masonry units that are produced in this state,
363	regardless of the location of the purchaser. The assessment
364	constitutes a personal debt of the manufacturer of concrete
365	masonry units who collects the assessment or who otherwise owes
366	the assessment. If a manufacturer fails to remit any properly
367	due assessment, the council may bring a civil action against the
368	manufacturer in the circuit court of any county for the
369	collection thereof, and may add a penalty in the amount of 10
370	percent of the assessment owed, the cost of enforcing the
371	collection of the assessment, court costs, and reasonable
372	attorney's fees. The action shall be tried and judgment rendered
373	as in any other cause of action for debts due and payable. All
374	assessments, penalties, and enforcement costs are due and
375	payable to the council.
376	(10)  VOTE ON CONTINUING THE ASSESSMENT.-Upon the delivery
377	by certified mail to the council of petitions that represent at
378	least 25 percent of the votes allocated under subsection (5) and
379	that ask, "Shall the assessment authorized by the Concrete
380	Masonry Products Research, Education, and Promotion Act
381	continue?" the council shall, within 90 days after the receipt
382	of the petitions, conduct a referendum to determine whether a
383	majority of the votes cast in the referendum support the
384	continuation of the Concrete Masonry Products Research,
385	Education, and Promotion Act. All signatures must be collected
386	within a 12-month period. A referendum held under this
387	subsection may not be held more than one time in a 3-year
388	period. Before each referendum, votes shall be reallocated using
389	the method described in subsection (5).
390	(11)  BYLAWS.-The council shall, by September 30, 2012,
391	adopt bylaws to carry out the intents and purposes of this
392	section. These bylaws may be amended upon 30-days' notice to
393	board members at any regular or special meeting called for this
394	purpose. The bylaws must conform to the requirements of this
395	section but may also address any matter not in conflict with the
396	general laws of this state.
397	Section 2.  This act shall take effect July 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.