HB 0825CS

CHAMBER ACTION




1The Economic Development, Trade & Banking Committee recommends
2the following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to the Financial Literacy Council;
8creating the council; providing purposes; providing for
9membership; providing for reimbursement for per diem and
10travel expenses; providing for meetings, procedures, and
11records; providing powers and duties of the council;
12providing for resources of the council; requiring that any
13funds received by the council be deposited in the
14Department of Financial Services Administrative Trust
15Fund; providing for expiration of the council; requiring
16annual reports to the Governor and Legislature; providing
17a contingent appropriation; providing for construction;
18providing a limitation on expenditures of certain grant
19funds; providing an effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  Financial Literacy Council.--
24     (1)  CREATION.--A council, as defined in s. 20.03, Florida
25Statutes, named the Financial Literacy Council, is created as an
26adjunct to the Department of Financial Services. The council
27shall be subject to the provisions of s. 20.052, Florida
28Statutes.
29     (2)  PURPOSE.--The purpose of the council is to study
30financial problems that affect consumers, particularly small
31businesses, young people, working adults, and seniors that arise
32from a lack of basic knowledge of financial issues and to
33provide recommendations to the Department of Financial Services
34which will assist the department in developing financial
35literacy programs and resources and providing a single state
36resource for financial literacy for the general public in order
37to empower individuals and businesses to manage their financial
38matters in order to reduce debt, increase savings, and avoid
39bankruptcy. All recommendations are subject to approval by the
40Chief Financial Officer.
41     (3)  COMPOSITION.--
42     (a)  The council shall consist of nine members who shall be
43appointed by and serve at the pleasure of the Chief Financial
44Officer. Six members must be persons having experience in
45various areas of the financial industry, such as financial
46institutions as defined in s. 655.005, Florida Statutes,
47finance, insurance, real estate, and securities. One member must
48be a person who is not employed by and is not a representative
49of the financial industry. One member must be chosen from a list
50of three persons submitted to the Chief Financial Officer by a
51senior advocacy group. One member must be chosen from a list of
52three persons submitted to the Chief Financial Officer by the
53Florida Council on Economic Education. Members shall include
54persons who represent rural and urban interests and the ethnic
55and cultural diversity of the state's population.
56     (b)  The council shall meet at the call of the chair, who
57shall be elected by vote of a majority of the council at its
58first meeting, which shall be called by the Chief Financial
59Officer. Five of the initial members appointed to the council
60shall serve terms of 3 years each. All other members shall be
61appointed for terms of 4 years. Members shall serve until their
62successors are appointed. Vacancies shall be filled for the
63remainder of the unexpired term in the same manner as the
64original appointment.
65     (c)  Council members shall serve without compensation;
66however, each council member is entitled to reimbursement for
67per diem and travel expenses pursuant to s. 112.061, Florida
68Statutes.
69     (d)  The Department of Financial Services shall provide
70administrative and staff support to the council.
71     (4)  MEETINGS; PROCEDURES; RECORDS.--
72     (a)  The business of the council shall be presented to the
73council in the form of an agenda. The agenda shall be set by the
74Chief Financial Officer and shall include items of business
75requested by the council members.
76     (b)  A majority of the members constitutes a quorum, and
77action by a majority of a quorum shall be official.
78     (c)  The minutes for each meeting shall be submitted to the
79Chief Financial Officer within 14 days after each meeting.
80     (5)  POWERS AND DUTIES.--The council shall:
81     (a)  Study financial problems that affect consumers,
82particularly young persons, seniors, and working adults, and
83small businesses which arise from a lack of basic knowledge of
84financial issues.
85     (b)  Study and make recommendations to the department
86regarding the creation of a single state resource for consumers
87and small businesses to contact for financial assistance.
88     (c)  Study and make recommendations as to how the
89department may help equip small businesses, young people,
90working adults, and seniors with the tools and resources they
91need to make informed financial decisions.
92     (d)  Study and make recommendations as to how the
93department may help residents of this state learn more about
94personal finance issues, including, but not limited to, personal
95savings, applying for loans, managing debt, making sound
96investment choices, and saving for retirement.
97     (e)  Study and make recommendations to the department
98regarding the development of best practices for financial
99management which are characteristic of highly successful small
100businesses.
101     (f)  Study and make recommendations as to how the
102department can serve as an educational forum for resource
103planning, financial planning, and management issues for small
104businesses.
105     (g)  Assist the department in developing written materials
106that shall be available to educate consumers and small
107businesses about basic financial issues.
108     (h)  Study and make recommendations to the department
109regarding the establishment of an outreach program to help
110educate affected persons through public meetings or seminars or
111through web-based media.
112     (6)  RESOURCES.--
113     (a)  The council may apply for and accept funds, grants,
114gifts, and services from the state, the government of the United
115States or any of its agencies, or any other public or private
116source for the purpose of defraying clerical and administrative
117costs as necessary to carry out its duties under this section.
118All sums received by the council shall be deposited into the
119Department of Financial Services Administrative Trust Fund. The
120moneys received and deposited into the trust fund are
121appropriated for use by the council in carrying out its duties
122as prescribed by this section.
123     (b)  The council shall seek out and, wherever possible, use
124the talents, expertise, and resources of citizens within the
125state, and especially those of the public school, community
126college, and state university systems, in furtherance of its
127mission.
128     (c)  The council may procure information and assistance
129from any state agency, political subdivision, municipal
130corporation, or public officer.
131     (d)  The council may coordinate with any state agency, any
132political subdivision, or any school district of the state in
133the furtherance of its mission.
134     (7)  EXPIRATION.--The council shall cease to exist on
135December 31, 2011. Upon expiration, any funds remaining in the
136Financial Literacy Council account of the Department of
137Financial Services Administrative Trust Fund shall be
138appropriated to the department to fund the activities that the
139department has implemented pursuant to the recommendations of
140the council.
141     (8)  REPORTS.--Beginning January 1, 2008, the council shall
142report annually on January 1 to the Governor, the President of
143the Senate, and the Speaker of the House of Representatives on
144the activities carried out under this section, including
145expenditures and funding.
146     Section 2.  For the 2006-2007 fiscal year, the sum of
147$50,000 in nonrecurring funds is appropriated from the
148Department of Financial Services Administrative Trust Fund in
149the specific appropriation category "Financial Literacy Council"
150to the Financial Literacy Council created by this act. The
151appropriation is contingent upon prior receipt of grant funds or
152private contributions by the council for the purposes of this
153act. This section does not entitle the Financial Literacy
154Council to expend funds from the Administrative Trust Fund in an
155amount greater than the amount of grant funds or private
156contributions received by the council and deposited into the
157Administrative Trust Fund pursuant to this act.
158     Section 3.  This act shall take effect July 1, 2006.


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