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The Florida Senate

2006 Florida Statutes

Section 280.02, Florida Statutes 2006

280.02  Definitions.--As used in this chapter, the term:

(1)  "Affiliate" means an entity that is related through a parent corporation's controlling interest. The term also includes any financial institution holding company or any subsidiary or service corporation of such holding company.

(2)  "Alternative participation agreement" means an agreement of restrictions that a qualified public depository completes as an alternative to immediately withdrawing from the public deposits program due to financial condition.

(3)  "Average daily balance" means the average daily balance of public deposits held during the reported month. The average daily balance must be determined by totaling, by account, the daily balances held by the depositor and then dividing the total by the number of calendar days in the month. Deposit insurance is then deducted from each account balance and the resulting amounts are totaled to obtain the average daily balance.

(4)  "Average monthly balance" means the average monthly balance of public deposits held, before deducting deposit insurance, by the depository during any 12 calendar months. The average monthly balance of the previous 12 calendar months must be determined by adding the average daily balance before deducting deposit insurance for the reported month and the average daily balances before deducting deposit insurance for the 11 months preceding that month and dividing the total by 12.

(5)  "Book-entry form" means that securities are not represented by a paper certificate but represented by an account entry on the records of a depository trust clearing system or, in the case of United States Government securities, a Federal Reserve Bank.

(6)  "Capital account" means total equity capital, as defined on the balance-sheet portion of the Consolidated Reports of Condition and Income (call report) or the Thrift Financial Report, less intangible assets, as submitted to the regulatory banking authority.

(7)  "Collateral-pledging level," for qualified public depositories, means the percentage of collateral required to be pledged as provided in s. 280.04 by a financial institution.

(8)  "Current month" means the month immediately following the month for which the monthly report is due from qualified public depositories.

(9)  "Custodian" means the Chief Financial Officer or any bank, savings association, or trust company that:

(a)  Is organized and existing under the laws of this state, any other state, or the United States;

(b)  Has executed all forms required under this chapter or any rule adopted hereunder;

(c)  Agrees to be subject to the jurisdiction of the courts of this state, or of courts of the United States which are located within this state, for the purpose of any litigation arising out of this chapter; and

(d)  Has been approved by the Chief Financial Officer to act as a custodian.

(10)  "Default or insolvency" includes, without limitation, the failure or refusal of a qualified public depository to pay any check or warrant drawn upon sufficient and collected funds by any public depositor or to return any deposit on demand or at maturity together with interest as agreed; the issuance of an order by any supervisory authority restraining such depository from making payments of deposit liabilities; or the appointment of a receiver for such depository.

(11)  "Effective date of notice of withdrawal or order of discontinuance" pursuant to s. 280.11(3) means that date which is set out as such in any notice of withdrawal or order of discontinuance from the Chief Financial Officer.

(12)  "Eligible collateral" means securities, Federal Home Loan Bank letters of credit, and cash, as designated in s. 280.13

(13)  "Financial institution" means, including, but not limited to, an association, bank, brokerage firm, credit union, industrial savings bank, savings and loan association, trust company, or other type of financial institution organized under the laws of this state or any other state of the United States and doing business in this state or any other state, in the general nature of the business conducted by banks and savings associations.

(14)  "Governmental unit" means the state or any county, school district, community college district, special district, metropolitan government, or municipality, including any agency, board, bureau, commission, and institution of any of such entities, or any court.

(15)  "Loss to public depositors" means loss of all principal and all interest or other earnings on the principal accrued or accruing as of the date the qualified public depository was declared in default or insolvent.

(16)  "Market value" means the value of collateral calculated pursuant to s. 280.04

(17)  "Operating subsidiary" means the qualified public depository's 100-percent owned corporation that has ownership of pledged collateral. The operating subsidiary may have no powers beyond those that its parent qualified public depository may itself exercise. The use of an operating subsidiary is at the discretion of the qualified public depository and must meet the Chief Financial Officer's requirements.

(18)  "Oversight board" means the qualified public depository oversight board created in s. 280.071 for the purpose of safeguarding the integrity of the public deposits program and preventing the realization of loss assessments through standards, policies, and recommendations for actions to the Chief Financial Officer.

(19)  "Pledged collateral" means securities or cash held separately and distinctly by an eligible custodian for the benefit of the Chief Financial Officer to be used as security for Florida public deposits. This includes maturity and call proceeds.

(20)  "Pledgor" means the qualified public depository and, if one is used, operating subsidiary.

(21)  "Pool figure" means the total average monthly balances of public deposits held by all qualified public depositories during the immediately preceding 12-month period.

(22)  "Previous month" means the month or months immediately preceding the month for which a monthly report is due from qualified public depositories.

(23)  "Public deposit" means the moneys of the state or of any county, school district, community college district, special district, metropolitan government, or municipality, including agencies, boards, bureaus, commissions, and institutions of any of the foregoing, or of any court, and includes the moneys of all county officers, including constitutional officers, that are placed on deposit in a bank, savings bank, or savings association and for which the bank, savings bank, or savings association is required to maintain reserves. This includes, but is not limited to, time deposit accounts, demand deposit accounts, and nonnegotiable certificates of deposit. Moneys in deposit notes and in other nondeposit accounts such as repurchase or reverse repurchase operations are not public deposits. Securities, mutual funds, and similar types of investments are not considered public deposits and shall not be subject to the provisions of this chapter.

(24)  "Public depositor" means the official custodian of funds for a governmental unit who is responsible for handling public deposits.

(25)  "Public deposits program" means the Florida Security for Public Deposits Act contained in this chapter and any rule adopted under this chapter.

(26)  "Qualified public depository" means any bank, savings bank, or savings association that:

(a)  Is organized and exists under the laws of the United States, the laws of this state or any other state or territory of the United States.

(b)  Has its principal place of business in this state or has a branch office in this state which is authorized under the laws of this state or of the United States to receive deposits in this state.

(c)  Has deposit insurance under the provision of the Federal Deposit Insurance Act, as amended, 12 U.S.C. ss. 1811 et seq.

(d)  Has procedures and practices for accurate identification, classification, reporting, and collateralization of public deposits.

(e)  Meets all the requirements of this chapter.

(f)  Has been designated by the Chief Financial Officer as a qualified public depository.

(27)  "Reported month" means the month for which a monthly report is due from qualified public depositories.

(28)  "Required collateral" of a qualified public depository means eligible collateral having a market value equal to or in excess of the amount required pursuant to s. 280.04

(29)  "Chief Financial Officer's custody" is a collateral arrangement governed by a contract between a designated Chief Financial Officer's custodian and the Chief Financial Officer. This arrangement requires collateral to be in the Chief Financial Officer's name in order to perfect the security interest.

(30)  "Triggering events" are events set out in s. 280.041 which give the Chief Financial Officer the right to:

(a)  Instruct the custodian to transfer securities pledged, interest payments, and other proceeds of pledged collateral not previously credited to the pledgor.

(b)  Demand payment under letters of credit.

History.--s. 3, ch. 81-285; s. 7, ch. 83-122; s. 1, ch. 84-216; s. 1, ch. 85-259; s. 1, ch. 86-84; s. 1, ch. 87-409; s. 1, ch. 88-185; s. 5, ch. 90-357; s. 10, ch. 91-244; s. 4, ch. 96-216; s. 1, ch. 97-30; s. 11, ch. 98-409; s. 1, ch. 2000-352; s. 1, ch. 2001-230; s. 286, ch. 2003-261.