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Founding Statute 446.53

​The Florida Concrete Masonry Education Council, Inc., is created as a nonprofit corporation organized under the laws of this state and operating as a direct-support organization of the Department of Economic Opportunity. 

The statute is available in full text below, or to download and print by following this link:

446.53 Concrete Masonry Education.pdf

Alternately, you can view the statute via Online Sunshine, the official Internet site of the Florida Legislature:
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446.53 Concrete Masonry Education


Florida Statute 446.53 

Concrete masonry education

Title XXXI
LABOR
Chapter 446
JOB TRAINING
View Entire Chapter

(1)(a) The Florida Concrete Masonry Education Council, Inc., is created as a nonprofit corporation 
           organized under the laws of this state and operating as a direct-support organization of the
           Department of Economic Opportunity.


     (b) The council shall operate under a written contract with the department which provides, at a
              minimum, for:

      1. Approval of the articles of incorporation and bylaws of the council by the department.

      2. Submission of an annual budget for approval by the department.

      3. Reversion of moneys and property held in trust by the council for concrete masonry education to the department
            if the council ceases to exist or to the state if the department ceases to exist.


    (c) The council shall:
      1. Plan, implement, and conduct programs of education for the purpose of training individuals in the field of
            concrete masonry.

      2. Develop and improve access to education for individuals seeking employment in the field of concrete masonry.

      3. Develop and implement outreach programs to ensure diversity among individuals trained in the programs
            conducted pursuant to this section.

      4. Coordinate educational programs with national programs or programs of other states.

      5. Inform and educate the public about the sustainability and economic benefits of concrete masonry products in
            order to increase employment opportunities for individuals trained in the programs conducted pursuant to this

            section.

      6. Develop, implement, and monitor a system for the collection of a self-imposed voluntary assessment on each

            concrete masonry unit produced and sold by concrete masonry manufacturers in this state.

      7. Submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives

            by January 15 of each year outlining the revenues received by the council, the percentage of the industry
            participating in the programs, the use of the funds received, the goals and objectives for the year and the methods
            of achieving such goals and objectives, the number of individuals who have received training or assistance from
            the programs supported by the council, and information relating to job placements and industry workforce
            needs.


      (d) The council may:
       1. Provide to governmental bodies, on request, information relating to subjects of concern to the concrete masonry
            industry and act jointly or in cooperation with the state or Federal Government, and agencies thereof, in the
            development or administration of programs that the council considers to be consistent with the objectives of this
            section.

       2. Sue and be sued as a council without individual liability of the members for actions of the council when acting

            within the scope of the powers conferred by this section and in the manner prescribed by the laws of this state.

       3. Maintain a financial reserve for emergency use, the total of which must not exceed 10 percent of the council’s

            anticipated annual income.

       4. Employ subordinate officers and employees of the council, prescribe their duties, and fix their compensation

            and terms of employment.

       5. Cooperate with any local, state, regional, or nationwide organization or agency engaged in work or activities

            consistent with the objectives of this section.

       6. Meet with concrete masonry manufacturers in this state to coordinate the collection of self-imposed voluntary

            assessments on concrete masonry units.


      (e)1. The council may not participate or intervene in any political campaign on behalf of or in
               opposition to any candidate for public office or any state or local ballot initiative, including,
               but not limited to, the publication or distribution of any statement.


       2. The net receipts of the council may not in any part inure to the benefit of or be distributable to its directors, its
             officers, or other private persons; however, the council may pay reasonable compensation for services rendered 
             by council officers and employees and may make payments and distributions in furtherance of the purposes of
             this section.

        3. Notwithstanding any other provision of law, the council may not carry on any other activity not permitted to

             be carried on by a corporation:
               a. That is exempt from federal income taxation under s. 501(c)(3) of the Internal Revenue Code; or

               b. To which charitable contributions are deductible under s. 170(c)(2) of the Internal Revenue Code.


(2)(a) The Florida Concrete Masonry Education Council, Inc., shall be governed by a board of     
           directors composed of 13 voting members appointed by the Governor as follows:


        1. Upon receipt of recommendations from the Masonry Association of Florida, eight members who represent
              concrete masonry manufacturers of various sizes, at least five of whom must be representatives of
              manufacturers that are members of the Masonry Association of Florida. A manufacturer may not be             
              represented by more than one board member.

        2. One member who represents a major building industry association in the state.

        3. One member who has expertise in apprenticeship or workforce education training.

        4. One member who is not a masonry contractor or manufacturer or an employee of a masonry contractor or
                    manufacturer but who is otherwise a stakeholder in the masonry industry.

        5. Two members who are masonry contractors and who are members of the Masonry Association of Florida.


      (b)1. Five of the initial board members shall be appointed to serve 1-year terms, four of the initial
                board members shall be appointed to serve 2-year terms, and four of the initial board
                members 
shall be appointed to serve 3-year terms.

2. Each subsequent vacancy on the board of directors shall be filled in accordance with the initial

       appointment. Thereafter, each board member shall be appointed to serve a 3-year term and may
       be reappointed to serve an additional consecutive term. However, a member may not serve more
       than two consecutive terms.

        (c) A board member may not be required to participate in a voluntary assessment on concrete masonry units as a                condition of appointment. A member representing a manufacturer must have been employed by a
               manufacturer engaging in the trade of manufacture of concrete masonry products for at least 5 years
               immediately preceding the first day of his or her service on the board. All members of the board shall serve
               without compensation but are entitled to reimbursement for per diem and travel expenses incurred in carrying
               out the intents and purposes of this section in accordance with s. 112.061.

        (d) In addition to the 13 voting members described in paragraph (a), the executive director of the Department of

               Economic Opportunity, or his or her designee, shall serve ex officio as a nonvoting member of the board of
               directors of the council.

(3) The council may accept grants, donations, contributions, or gifts from any source if the use of such resources is not restricted in a manner that the council considers to be inconsistent with the objectives of this section.


(4)(a) The council may make payments to other organizations for work or services performed that
            are consistent with the objectives of this section.


        (b) Before making payments described in this subsection, the council must secure a written agreement that the
               organization receiving payment will furnish at least annually, or more frequently upon request of the council,
               written or printed reports of program activities and reports of financial data that are relative to the council’s
               funding of such activities.

         (c) The council may require adequate proof of security bonding on the payments to any individual, business, or

               other organization.


(5)(a) The self-imposed voluntary assessment shall be paid for each masonry unit produced and sold
           by the manufacturer.


         (b) Each manufacturer that elects to pay the self-imposed voluntary assessment must commit to paying the
               assessment for at least 1 year. Thereafter, the manufacturer may elect to terminate payment or continue
               payment for the next year.

         (c) The manufacturer shall collect all such moneys and forward them quarterly to the council.

         (d) The council shall maintain within its financial records a separate accounting of all moneys received under

               this subsection. The council shall provide for an annual financial audit of its accounts and records in
               accordance with s. 215.981.


(6)(a) The council shall, by September 30, 2014, adopt bylaws to carry out the intents and purposes
           of this section. Before adoption by the council, the bylaws must be approved by the
           department. The bylaws must conform to the requirements of this section but may also address
           any matter not in conflict with the general laws of this state.


        (b) Amendments to adopted bylaws may be proposed with 30 days’ notice to board members at any
               regular or special meeting called for such purpose and may be adopted by the council following
            ​   approval by the department.

History.—s. 2, ch. 2014-175.
Copyright © 1995-2015 The Florida Legislature • Privacy Statement • Contact Us
Contact:  Jim Painter, Executive Director 407-988-4614 or jim@floridamasonrycouncil.org
Florida Concrete Masonry Education Council, Inc.
6353 Lee Vista Blvd.                   P.O. Box 12018
Orlando, FL 32822                      Gainesville, FL 32604

(c) Copyright
Florida Concrete Masonry Education Council, Inc. - 2015 - 2021. All rights
​     reserved.
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