1 | A bill to be entitled |
2 | An act relating to placement agents; amending s. 215.47, |
3 | F.S.; prohibiting state investment funds from being used |
4 | to pay the fees or commissions of placement agents; |
5 | requiring the State Board of Administration to deal |
6 | directly with private equity firms and companies issuing |
7 | securities; providing an effective date. |
8 |
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9 | WHEREAS, according to media reports, Florida's public |
10 | retirement and pension system has invested approximately $2 |
11 | billion in multiple private investment firms between December, |
12 | 2009, and October, 2010, and |
13 | WHEREAS, placement agents, who serve as intermediaries to |
14 | connect investment firms with state pension systems, often |
15 | receive finder's fees of approximately 1 to 2 percent of the |
16 | investment or even $1.5 million for their nominal services, |
17 | which can result in higher management fees that are paid by the |
18 | taxpayers of this state, and |
19 | WHEREAS, because placement agents are not hired or employed |
20 | by the retirement and pension funds, the disclosure of who is |
21 | involved in the transaction, what fees are paid, and what work |
22 | is done to merit the fees is often obscure, and |
23 | WHEREAS, once placement agents were discovered to be |
24 | involved in kick-back scandals involving public pension funds in |
25 | other states, their practices came under scrutiny and even |
26 | regulation, and |
27 | WHEREAS, an investigation into placement agents and state |
28 | pension fund misconduct in one state has resulted in multiple |
29 | guilty pleas and the recovery of more than $120 million for the |
30 | state pension fund, and |
31 | WHEREAS, in light of these problems involving placement |
32 | agents and public pension funds, the Securities and Exchange |
33 | Commission has begun requiring the registration of placement |
34 | agents, and |
35 | WHEREAS, reputable national financial advisors have argued |
36 | that there is no legitimate reason to employ the services of |
37 | placement agents, and |
38 | WHEREAS, in the instances in which the State Board of |
39 | Administration of this state made placement-agent pay a public |
40 | record, it was discovered that placement agents, in seven |
41 | transactions, received approximately $12 million or |
42 | approximately 1.5 percent of Florida's investment of $825 |
43 | million, and |
44 | WHEREAS, it is reasonably believed that all management fees |
45 | that are paid to the private investment firm reduce the amount |
46 | of return paid to the investor, who is the taxpayer of this |
47 | state, NOW, THEREFORE, |
48 |
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49 | Be It Enacted by the Legislature of the State of Florida: |
50 |
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51 | Section 1. Subsection (22) is added to section 215.47, |
52 | Florida Statutes, to read: |
53 | 215.47 Investments; authorized securities; loan of |
54 | securities.-Subject to the limitations and conditions of the |
55 | State Constitution or of the trust agreement relating to a trust |
56 | fund, moneys available for investments under ss. 215.44-215.53 |
57 | may be invested as follows: |
58 | (22) Notwithstanding any other provision of law, no |
59 | portion of moneys invested under this section, including any |
60 | portion used to pay an investment manager's fee, may be used to |
61 | pay placement agent fees or commissions. As used in this |
62 | subsection, the term "placement agent" means an individual who |
63 | is hired by a private equity fund or company issuing securities |
64 | for the purpose of finding people who are interested in |
65 | investing in the fund or securities. In selecting and purchasing |
66 | investments, the board must deal directly with the investment |
67 | fund or company and not through a placement agent. |
68 | Section 2. This act shall take effect upon becoming a law. |