HB 335

1
A bill to be entitled
2An act relating to placement agents; amending s. 215.47,
3F.S.; prohibiting state investment funds from being used
4to pay the fees or commissions of placement agents;
5requiring the State Board of Administration to deal
6directly with private equity firms and companies issuing
7securities; providing an effective date.
8
9     WHEREAS, according to media reports, Florida's public
10retirement and pension system has invested approximately $2
11billion in multiple private investment firms between December,
122009, and October, 2010, and
13     WHEREAS, placement agents, who serve as intermediaries to
14connect investment firms with state pension systems, often
15receive finder's fees of approximately 1 to 2 percent of the
16investment or even $1.5 million for their nominal services,
17which can result in higher management fees that are paid by the
18taxpayers of this state, and
19     WHEREAS, because placement agents are not hired or employed
20by the retirement and pension funds, the disclosure of who is
21involved in the transaction, what fees are paid, and what work
22is done to merit the fees is often obscure, and
23     WHEREAS, once placement agents were discovered to be
24involved in kick-back scandals involving public pension funds in
25other states, their practices came under scrutiny and even
26regulation, and
27     WHEREAS, an investigation into placement agents and state
28pension fund misconduct in one state has resulted in multiple
29guilty pleas and the recovery of more than $120 million for the
30state pension fund, and
31     WHEREAS, in light of these problems involving placement
32agents and public pension funds, the Securities and Exchange
33Commission has begun requiring the registration of placement
34agents, and
35     WHEREAS, reputable national financial advisors have argued
36that there is no legitimate reason to employ the services of
37placement agents, and
38     WHEREAS, in the instances in which the State Board of
39Administration of this state made placement-agent pay a public
40record, it was discovered that placement agents, in seven
41transactions, received approximately $12 million or
42approximately 1.5 percent of Florida's investment of $825
43million, and
44     WHEREAS, it is reasonably believed that all management fees
45that are paid to the private investment firm reduce the amount
46of return paid to the investor, who is the taxpayer of this
47state, NOW, THEREFORE,
48
49Be It Enacted by the Legislature of the State of Florida:
50
51     Section 1.  Subsection (22) is added to section 215.47,
52Florida Statutes, to read:
53     215.47  Investments; authorized securities; loan of
54securities.-Subject to the limitations and conditions of the
55State Constitution or of the trust agreement relating to a trust
56fund, moneys available for investments under ss. 215.44-215.53
57may be invested as follows:
58     (22)  Notwithstanding any other provision of law, no
59portion of moneys invested under this section, including any
60portion used to pay an investment manager's fee, may be used to
61pay placement agent fees or commissions. As used in this
62subsection, the term "placement agent" means an individual who
63is hired by a private equity fund or company issuing securities
64for the purpose of finding people who are interested in
65investing in the fund or securities. In selecting and purchasing
66investments, the board must deal directly with the investment
67fund or company and not through a placement agent.
68     Section 2.  This act shall take effect upon becoming a law.


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