House Bill 3661

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    Florida House of Representatives - 1998                HB 3661

        By Representative Garcia






  1                      A bill to be entitled

  2         An act relating to authority of the State Board

  3         of Administration to invest public funds;

  4         amending s. 215.47, F.S.; revising provisions

  5         relating to the investment of public funds and

  6         the securities authorized for such investment;

  7         providing for the loan of securities; repealing

  8         s. 215.455, F.S., relating to the loan of

  9         securities, to conform; amending s. 215.50,

10         F.S.; correcting a cross reference, to conform;

11         amending s. 215.515, F.S.; eliminating review

12         by the Department of Management Services of

13         charges of the board for investment services

14         rendered; amending s. 215.835, F.S.;

15         authorizing the board to adopt rules necessary

16         to carry out the provisions and intent of the

17         State Bond Act; amending s. 159.825, F.S.;

18         authorizing the board to adopt rules necessary

19         to carry out provisions of law relating to the

20         terms applicable to the issuance of taxable

21         bonds; amending s. 190.016, F.S.; correcting a

22         cross reference, to conform; amending s.

23         218.407, F.S.; revising provisions relating to

24         local government resolutions required for

25         deposit of surplus funds in the Local

26         Government Surplus Funds Trust Fund; providing

27         rulemaking authority to the board with respect

28         to investment of moneys in the trust fund;

29         creating s. 218.412, F.S.; authorizing the

30         board to adopt rules necessary to carry out the

31         provisions of part IV of chapter 218, F.S.,

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  1         relating to investment of local government

  2         surplus funds; providing an effective date.

  3

  4  Be It Enacted by the Legislature of the State of Florida:

  5

  6         Section 1.  Section 215.47, Florida Statutes, is

  7  amended to read:

  8         215.47  Investments; authorized securities; loan of

  9  securities.--Subject to the limitations and conditions of the

10  State Constitution or of the trust agreement relating to a

11  trust fund, moneys available for investments under ss.

12  215.44-215.53 may be invested as follows:

13         (1)  Without limitation in:

14         (a)  Bonds, notes, or other obligations of the United

15  States or those guaranteed by the United States or for which

16  the credit of the United States is pledged for the payment of

17  the principal and interest or dividends thereof.

18         (b)  State bonds pledging the full faith and credit of

19  the state and revenue bonds additionally secured by the full

20  faith and credit of the state.

21         (c)  Bonds of the several counties or districts in the

22  state containing a pledge of the full faith and credit of the

23  county or district involved.

24         (d)  Bonds issued or administered by the State Board of

25  Administration secured solely by a pledge of all or part of

26  the 2-cent constitutional fuel tax accruing under the

27  provisions of s. 16, Art. IX of the State Constitution of

28  1885, as amended, or of s. 9, Art. XII of the 1968 revised

29  State Constitution.

30         (e)  Bonds issued by the State Board of Education

31  pursuant to ss. 18 and 19, Art. XII of the State Constitution

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  1  of 1885, as amended, or to s. 9, Art. XII of the 1968 revised

  2  State Constitution, as amended.

  3         (f)  Bonds issued by the Florida Outdoor Recreational

  4  Development Council pursuant to s. 17, Art. IX of the State

  5  Constitution of 1885, as amended.

  6         (g)  Bonds issued by the Florida State Improvement

  7  Commission, Florida Development Commission, Division of Bond

  8  Finance of the Department of General Services, or Division of

  9  Bond Finance of the State Board of Administration.

10         (h)  Savings accounts in, or certificates of deposit

11  of, any bank, savings bank, or savings and loan association

12  incorporated under the laws of this state or organized under

13  the laws of the United States doing business and situated in

14  this state, the accounts of which are insured by the Federal

15  Government or an agency thereof, in an amount that does not

16  exceed 15 percent of the net worth of the institution, or a

17  lesser amount as determined by rule by the State Board of

18  Administration, provided such savings accounts and

19  certificates of deposit are secured in the manner prescribed

20  in chapter 280.

21         (i)  Notes, bonds, and other obligations of agencies of

22  the United States.

23         (i)  Obligations of the Federal Farm Credit Banks and

24  obligations of the Federal Home Loan Bank and its district

25  banks.

26         (j)  Obligations of the Federal Home Loan Mortgage

27  Corporation, including participation certificates.

28         (k)  Obligations guaranteed by the Government National

29  Mortgage Association.

30

31

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  1         (j)(l)  Commercial paper of prime quality of the

  2  highest letter and numerical rating as provided for by at

  3  least one nationally recognized rating service.

  4         (k)(m)  Time drafts or bills of exchange drawn on and

  5  accepted by a commercial bank, otherwise known as banker's

  6  acceptances, which are accepted by a member bank of the

  7  Federal Reserve System having total deposits of not less than

  8  $400 million.

  9         (l)  Negotiable certificates of deposit issued by

10  domestic or foreign financial institutions in United States

11  dollars.

12         (m)(n)  Short-term obligations not authorized elsewhere

13  in this section to be purchased individually or in pooled

14  accounts or other collective investment funds, for the purpose

15  of providing liquidity to any fund or portfolio.

16         (n)(o)  Securities of, or other interests in, any

17  open-end or closed-end management type investment company or

18  investment trust registered under the Investment Company Act

19  of 1940, 15 U.S.C. ss. 80a-1 et seq., as amended from time to

20  time, provided that the portfolio of such investment company

21  or investment trust is limited to obligations of the United

22  States Government or any agency or instrumentality thereof and

23  to repurchase agreements fully collateralized by such United

24  States Government obligations and provided that such

25  investment company or investment trust takes delivery of such

26  collateral either directly or through an authorized custodian.

27         (2)  With no more than 25 percent of any fund in:

28         (a)  Bonds, notes, or obligations of any municipality

29  or political subdivision or any agency or authority of this

30  state, if such obligations are rated in any one of the three

31  highest ratings by two nationally recognized rating services.

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  1  However, if only one nationally recognized rating service

  2  shall rate such obligations, then such rating service must

  3  have rated such obligations in any one of the two highest

  4  classifications heretofore mentioned.

  5         (b)  Notes secured by first mortgages on Florida real

  6  property, insured or guaranteed by the Federal Housing

  7  Administration or the United States Department of Veterans

  8  Affairs.

  9         (c)  Interest-bearing obligations of the International

10  Bank for Reconstruction and Development, the Inter-American

11  Development Bank, the African Development Bank, the

12  International Finance Corporation, the Asian Development Bank,

13  the European Investment Bank, or the Nordic Investment Bank.

14         (c)(d)  Investments collateralized by first mortgages

15  covering single-family Florida residences, provided such

16  mortgages do not exceed $60,000, do not exceed 80 percent of

17  value, are not delinquent, and are originated by a lender

18  regulated by the state or Federal Government and the aggregate

19  of the collateral furnished is at least 150 percent of the

20  aggregate investment under this subsection.  The mortgages

21  used for collateral shall be segregated by the lending

22  institution so that such segregation may be confirmed by

23  independent audit.  In the event any such mortgage used as

24  collateral becomes more than 3 months delinquent, the lender

25  shall immediately substitute therefor a mortgage of equal or

26  greater value.

27         (d)  Mortgage securities which represent participation

28  in or are collateralized by mortgage loans secured by real

29  property. Such securities must be issued by an agency of or

30  enterprise sponsored by the United States Government,

31  including, but not limited to, the Government National

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  1  Mortgage Association, the Federal National Mortgage

  2  Association, and the Federal Home Loan Mortgage Corporation.

  3         (e)  Mortgage pass-through certificates, meaning

  4  certificates evidencing ownership of an undivided interest in

  5  pools of conventional mortgages on real property which is

  6  improved by a building or buildings used for residential

  7  purposes for one to four families when:

  8         1.  Such real property is located in this state;

  9         2.  Such mortgages are originated by one or more banks

10  or savings and loan associations organized under the laws of

11  this state, by national banks or federal savings and loan

12  associations having their principal place of business in this

13  state, or by a lender that is approved by the Secretary of

14  Housing and Urban Development for the participation in any

15  mortgage insurance program under the National Housing Act and

16  has its principal place of business in this state, or by any

17  combination thereof; and

18         3.  Such mortgages are transferred or assigned to a

19  corporate trustee acting for the benefit of the holders of

20  such certificates.

21         (f)  Obligations of the Federal National Mortgage

22  Association.

23         (e)(g)  Group annuity contracts of the pension

24  investment type with insurers licensed to do business in this

25  state, except that amounts invested by the board with any one

26  insurer shall not exceed 3 percent of its assets.

27         (f)(h)  Certain interests in real property and related

28  personal property, including mortgages and related instruments

29  on commercial or industrial real property, with provisions for

30  equity or income participation or with provisions for

31  convertibility to equity ownership; and interests in

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  1  collective investment funds. Associated expenditures for

  2  acquisition and operation of assets purchased under this

  3  provision shall be included as a part of the cost of the

  4  investment.

  5         1.  The title to real property acquired under this

  6  paragraph shall be vested in the name of the respective fund.

  7         2.  For purposes of taxation of property owned by any

  8  fund, the provisions of s. 196.199(2)(b) do not apply.

  9         3.  Real property acquired under the provisions of this

10  paragraph shall not be considered state lands or public lands

11  and property as defined in chapter 253, and the provisions of

12  that chapter do not apply to such real property.

13         (g)(i)  General obligations backed by the full faith

14  and credit of a foreign government which has not defaulted on

15  similar obligations for a minimum period of 25 years prior to

16  purchase of the obligation and has met its payments of similar

17  obligations when due.

18         (h)(j)  A portion of the funds available for investment

19  pursuant to this subsection may be invested in rated or

20  unrated bonds, notes, or instruments backed by the full faith

21  and credit of the government of Israel.

22         (i)(k)  Obligations of agencies of the government of

23  the United States, provided such obligations have been

24  included in and authorized by the Florida Retirement System

25  Total Fund Investment Plan established in s. 215.475.

26         (j)(l)  United States dollar-denominated obligations

27  issued by foreign governments, or political subdivisions or

28  agencies thereof, supranational agencies, or foreign

29  corporations, or foreign commercial entities.

30         (3)  With no more than 80 percent of any fund in common

31  stock, preferred stock, and interest-bearing obligations of a

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  1  corporation having an option to convert into common stock,

  2  provided:

  3         (a)  The corporation is organized under the laws of the

  4  United States, any state or organized territory of the United

  5  States, or the District of Columbia; or

  6         (b)  The corporation is listed on any one or more of

  7  the recognized national stock exchanges in the United States

  8  and conforms with the periodic reporting requirements under

  9  the Securities Exchange Act of 1934.

10         (c)  Not more than 75 50 percent of the fund may be in

11  internally managed common stock.

12

13  The board shall not invest more than 10 percent of the equity

14  assets of any fund in the common stock, preferred stock, and

15  interest-bearing obligations having an option to convert into

16  common stock, of any one issuing corporation; and the board

17  shall not invest more than 3 percent of the equity assets of

18  any fund in such securities of any one issuing corporation

19  except to the extent a higher percentage of the same issue is

20  included in a nationally recognized market index, based on

21  market values, at least as broad as the Standard and Poor's

22  Composite Index of 500 Companies, or except upon a specific

23  finding by the board that such higher percentage is in the

24  best interest of the fund. The board may only sell listed

25  options to reduce investment risk, to improve cash flow, or to

26  provide alternative means for the purchase and sale of

27  underlying investment securities. Reversing transactions may

28  be made to close out existing option positions.

29         (4)  With no more than 80 percent of any fund, in

30  interest-bearing obligations with a fixed maturity of any

31  corporation or commercial entity within the United States.

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  1         (5)  With no more than 20 10 percent of any fund in

  2  corporate obligations and securities of any kind of a foreign

  3  corporation or a foreign commercial entity having its

  4  principal office located in any country other than the United

  5  States of America or its possessions or territories, not

  6  including United States dollar-denominated securities listed

  7  and traded on a United States exchange which are a part of the

  8  ordinary investment strategy of the board.

  9         (6)  With no more than 5 percent of any fund to be

10  invested as deemed appropriate by the board, notwithstanding

11  investment limitations otherwise expressed in this section.

12  Prior to the board engaging in any investment activity not

13  otherwise authorized under ss. 215.44-215.53, excluding

14  investments in publicly traded securities, options, financial

15  futures, or similar instruments, the board shall present to

16  the Investment Advisory Council a proposed plan for such

17  investment. Said plan shall include, but not be limited to,

18  the expected benefits and potential risks of such activity;

19  methods for monitoring and measuring the performance of the

20  investment; a complete description of the type, nature, extent

21  and purpose of the investment, including description of

22  issuer, security in which investment is proposed to be made,

23  voting rights or lack thereof and control to be acquired,

24  restrictions upon voting, transfer, and other material rights

25  of ownership, and the existence of any contracts,

26  arrangements, understandings, or relationships with any person

27  or entity (naming the same) with respect to the proposed

28  investment; and assurances that sufficient investment

29  expertise is available to the board to properly evaluate and

30  manage such activity. The Investment Advisory Council may

31  obtain independent investment counsel to provide expert advice

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  1  with regard to such proposed investment activity by the board,

  2  and the board shall defray such costs.

  3         (7)  For the purpose of determining the above

  4  investment limitations, the value of bonds shall be the par

  5  value thereof, and the value of evidences of ownership and

  6  interest-bearing obligations having an option to convert to

  7  ownership shall be the cost thereof.

  8         (8)  Investments in any securities authorized by this

  9  section may be under repurchase agreements or reverse

10  repurchase agreements.

11         (9)  Investments made by the State Board of

12  Administration shall be designed to maximize the financial

13  return to the fund consistent with the risks incumbent in each

14  investment and shall be designed to preserve an appropriate

15  diversification of the portfolio. The board shall discharge

16  its duties with respect to a plan solely in the interest of

17  its participants and beneficiaries. The board in performing

18  the above investment duties shall comply with the fiduciary

19  standards set forth in the Employee Retirement Income Security

20  Act of 1974 at 29 U.S.C. s. 1104(a)(1)(A) through (C). In case

21  of conflict with other provisions of law authorizing

22  investments, the investment and fiduciary standards set forth

23  in this subsection shall prevail.

24         (10)  The board is authorized to buy and sell futures

25  and options, provided the instruments for such purpose are

26  traded on a securities exchange or board of trade regulated by

27  the Securities and Exchange Commission or the Commodity

28  Futures Trading Commission, unless the board by rule

29  authorizes a different market.

30         (11)  The board is authorized to invest in domestic or

31  foreign notional principal contracts.

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  1         (12)  The State Board of Administration, consistent

  2  with sound investment policy, may pledge up to 2 percent of

  3  the assets of the Florida Retirement System Trust Fund as

  4  collateral for housing bonds issued by the State of Florida or

  5  its political subdivisions under chapter 159, part V of

  6  chapter 420, or chapter 421 as a supplemental income program

  7  for the system. With regard to any collateral program, the

  8  State Board of Administration is authorized to coordinate or

  9  retain other governmental entities of the State of Florida or

10  private entities to administer this program, as well as

11  receive fees for the use of the designated collateral.

12         (13)  The State Board of Administration, consistent

13  with sound investment policy, may invest the earnings accrued

14  and collected upon the investment of the minimum balance of

15  funds required to be maintained in the State Transportation

16  Trust Fund pursuant to s. 339.135(6)(7)(b). Such investment

17  shall be limited as provided in s. 288.9607(7).

18         (14)  With no more than 5 percent of any fund in

19  private equity through participation in limited partnerships

20  and limited liability companies.

21         (15)  The State Board of Administration is authorized

22  to invest in domestic and foreign group trusts.

23         (16)  Securities or investments purchased or held under

24  the provisions of this section may be loaned to securities

25  dealers or financial institutions, provided the loan is

26  collateralized by cash or securities having a market value of

27  at least 100 percent of the market value of the securities

28  loaned.

29         Section 2.  Section 215.455, Florida Statutes, is

30  repealed.

31

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  1         Section 3.  Subsection (4) of section 215.50, Florida

  2  Statutes, is amended to read:

  3         215.50  Custody of securities purchased; income.--

  4         (4)  Securities that the board selects to use for

  5  options operations under s. 215.45 or for lending under s.

  6  215.47(16) 215.455 shall be registered by the Treasurer in the

  7  name of a third-party nominee in order to facilitate such

  8  operations.

  9         Section 4.  Section 215.515, Florida Statutes, is

10  amended to read:

11         215.515  Investment accounts; charges for services.--

12         (1)  The State Board of Administration shall make

13  reasonable charges for all investment services performed for

14  any agency, the judicial branch, or any fund in accordance

15  with the provisions of ss. 215.44-215.53 or other provisions

16  of law. The agency, fund, or judicial branch shall pay the

17  charges, and such sums as may be necessary for this purpose

18  are hereby appropriated from earnings on investments held by

19  such agency, fund, or the judicial branch. The amount to be

20  paid by each agency, fund, or the judicial branch shall be

21  determined in such proportion as the service rendered to each

22  agency, fund, or the judicial branch bears to the total

23  service rendered to all agencies and funds and the judicial

24  branch.

25         (2)  The charges established and any revisions thereof

26  shall be reviewed by the Department of Management Services.

27  The review, and any recommendations of the Department of

28  Management Services accompanying the review, may be considered

29  by the board prior to the adoption of the charges or revision

30  thereof by the board.

31

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  1         (2)(3)  The State Board of Administration

  2  Administrative Expense Trust Fund may be invested by the board

  3  to the extent that such investment is consistent with the cash

  4  requirements and investment objectives of the board.

  5         Section 5.  Section 215.835, Florida Statutes, is

  6  amended to read:

  7         215.835  Rulemaking authority.--The Division of Bond

  8  Finance and the State Board of Administration may adopt rules

  9  deemed as it deems necessary to carry out the provisions and

10  intent of this act.

11         Section 6.  Section 159.825, Florida Statutes, is

12  amended to read:

13         159.825  Terms of bonds.--

14         (1)  The ordinance, resolution, indenture, agreement,

15  or other instrument providing for the issuance of taxable

16  bonds may provide for any of the following:

17         (a)(1)  The bonds shall be in such denominations, in

18  such form, either bearer or registered, and payable at such

19  place or places, either within or without the United States,

20  at such time or times, as, in each case, the governing body

21  shall determine subject to any limitations on the maturity of

22  bonds set forth in the statutes under authority of which the

23  bonds are issued.

24         (b)(2)  The bonds shall be payable in legal tender of

25  the United States, in a foreign currency, in commodities, or

26  in precious metals, as the governing body shall determine.

27         (c)(3)  The governing body may appoint, in connection

28  with the bond issue, a cotrustee located outside of the

29  boundaries of the United States or its territories or

30  possessions so long as it shall also appoint a trustee

31  otherwise meeting the requirements of the statutes under

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  1  authority of which the bonds are issued. The governing body

  2  may appoint, in connection with the bond issue, a paying agent

  3  or a copaying agent located outside the boundaries of the

  4  United States or its territories or possessions.

  5         (d)(4)  Bonds shall bear interest at a rate not to

  6  exceed an average net interest cost rate, which shall be

  7  computed by adding 500 basis points to the 30-year Treasury

  8  Bond yield published in The Bond Buyer immediately preceding

  9  the first day of the calendar month in which the bonds are

10  sold. If the interest rate on bonds bearing a floating or

11  variable rate of interest as calculated on the date of the

12  initial sale thereof does not exceed the limitation provided

13  by this paragraph section, so long as the basis, method, or

14  formula for computing the floating or variable rate does not

15  change during the life of the bonds, subsequent increases in

16  the interest rate in accordance with said basis, method, or

17  formula shall not cause the interest rate on the bonds to

18  violate the limitation provided by this paragraph subsection.

19  A certificate by the issuer of the bonds as to the computation

20  of the interest rate in compliance with this requirement shall

21  be deemed conclusive evidence of compliance with the

22  provisions of this paragraph subsection. Such maximum rate

23  does not apply to bonds rated by a nationally recognized

24  rating service in any one of the three highest

25  classifications, which rating services and classifications are

26  determined pursuant to rules adopted by the State Board of

27  Administration.

28         (e)(5)  Upon the request of a governmental unit, the

29  State Board of Administration may authorize, for a specific

30  issue or reissue of bonds, a rate of interest in excess of the

31

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  1  maximum rate prescribed in paragraph (d) subsection (4). The

  2  governmental unit shall provide in its request:

  3         1.(a)  Relevant supporting data which shall include,

  4  but not be limited to:

  5         a.1.  The official statement or prospectus, if

  6  available, or similar information relating to the sale of the

  7  bonds;

  8         b.2.  The resolution or ordinance authorizing the

  9  issuance of the bonds;

10         c.3.  Financial data relating to anticipated revenue,

11  debt service, and coverage; and

12         d.4.  The most recent financial statement of the

13  governmental unit.

14         2.(b)  Information relating to sale of the bonds,

15  including the amount of the discount, if any. In making the

16  determination to exceed the maximum interest rate, the State

17  Board of Administration shall consider, but not be limited to

18  considering, comparable sales of other taxable bonds of other

19  governmental units and evidence that the objectives and intent

20  of the issuing of such bonds will be realized. This

21  subparagraph paragraph shall not apply to:

22         a.1.  Bonds which have been sold prior to June 30,

23  1987, and which are delivered pursuant to said sale on or

24  after June 30, 1987.

25         b.2.  Bonds issued to finance projects under part II,

26  part III, or part V of this chapter or health facilities under

27  part III of chapter 154.

28         c.3.  Limit or restrict the rate of interest on bonds

29  or other obligations of municipal utilities or agencies

30  thereof issued or made pursuant to authority provided in part

31  II of chapter 166 and s. 215.431.

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  1         (f)(6)  In connection with, or incidental to, the sale

  2  and issuance of bonds, the governmental unit may enter into

  3  any contracts which the governing body determines to be

  4  necessary or appropriate to achieve a desirable effective

  5  interest rate in connection with the bonds by means of, but

  6  not limited to, contracts commonly known as investment

  7  contracts, funding agreements, interest rate swap agreements,

  8  currency swap agreements, forward payment conversion

  9  agreements, futures, or contracts providing for payments based

10  on levels of or changes in interest rates, or contracts to

11  exchange cash flows or a series of payments, or contracts,

12  including, without limitation, options, puts, or calls to

13  hedge payment, rate, spread, or similar exposure. Such

14  contracts or arrangements may also be entered into by

15  governmental units in connection with, or incidental to,

16  entering into any agreement which secures bonds or provides

17  liquidity therefor. Such contracts and arrangements shall be

18  made upon the terms and conditions established by the

19  governing body, after giving due consideration for the credit

20  worthiness of the counterparties, where applicable, including

21  any rating by a nationally recognized rating service or any

22  other criteria as may be appropriate.

23         (g)(7)  In connection with, or incidental to, the sale

24  and issuance of the bonds, or entering into any of the

25  contracts or arrangements referred to in paragraph (f)

26  subsection (6), the governmental unit may enter into such

27  credit enhancement or liquidity agreements, with such payment,

28  interest rate, security, default, remedy, and other terms and

29  conditions as the governing body shall determine.

30         (h)(8)  Notwithstanding any provisions of state law

31  relating to the investment or reinvestment of surplus funds of

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  1  any governmental unit, proceeds of the bonds and any moneys

  2  set aside or pledged to secure payment of the principal of,

  3  premium, if any, and interest on the bonds, or any of the

  4  contracts entered into pursuant to paragraph (f) subsection

  5  (6), may be invested in securities or obligations described in

  6  the ordinance or resolution providing for the issuance of the

  7  bonds.

  8         (2)  The State Board of Administration may adopt rules

  9  as it deems necessary to carry out the provisions of this

10  section.

11         Section 7.  Subsection (2) of section 190.016, Florida

12  Statutes, is amended to read:

13         190.016  Bonds.--

14         (2)  AUTHORIZATION AND FORM OF BONDS.--Any general

15  obligation bonds, benefit bonds, or revenue bonds may be

16  authorized by resolution or resolutions of the board which

17  shall be adopted by a majority of all the members thereof then

18  in office. Such resolution or resolutions may be adopted at

19  the same meeting at which they are introduced and need not be

20  published or posted. The board may, by resolution, authorize

21  the issuance of bonds and fix the aggregate amount of bonds to

22  be issued; the purpose or purposes for which the moneys

23  derived therefrom shall be expended, including, but not

24  limited to, payment of costs as defined in s. 190.003(7); the

25  rate or rates of interest, in compliance with s. 215.84; the

26  denomination of the bonds; whether or not the bonds are to be

27  issued in one or more series; the date or dates of maturity,

28  which shall not exceed 40 years from their respective dates of

29  issuance; the medium of payment; the place or places within or

30  without the state where payment shall be made; registration

31  privileges; redemption terms and privileges, whether with or

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  1  without premium; the manner of execution; the form of the

  2  bonds, including any interest coupons to be attached thereto;

  3  the manner of execution of bonds and coupons; and any and all

  4  other terms, covenants, and conditions thereof and the

  5  establishment of revenue or other funds. Such authorizing

  6  resolution or resolutions may further provide for the

  7  contracts authorized by s. 159.825(1)(f) and (g) (6) and (7)

  8  regardless of the tax treatment of such bonds being

  9  authorized, subject to the finding by the board of a net

10  saving to the district resulting by reason thereof. Such

11  authorizing resolution may further provide that such bonds may

12  be executed in accordance with the Registered Public

13  Obligations Act, except that bonds not issued in registered

14  form shall be valid if manually countersigned by an officer

15  designated by appropriate resolution of the board. The seal of

16  the district may be affixed, lithographed, engraved, or

17  otherwise reproduced in facsimile on such bonds. In case any

18  officer whose signature shall appear on any bonds or coupons

19  shall cease to be such officer before the delivery of such

20  bonds, such signature or facsimile shall nevertheless be valid

21  and sufficient for all purposes the same as if he or she had

22  remained in office until such delivery.

23         Section 8.  Section 218.407, Florida Statutes, is

24  amended to read:

25         218.407  Local government investment authority.--

26         (1)  Upon determination by the governing body that it

27  is in the interest of the unit of local government to deposit

28  surplus funds in the trust fund, a resolution by the governing

29  body shall be filed with the State Board of Administration

30  authorizing investment of its surplus funds in the trust fund

31  established by this part. The resolution shall name:

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  1         (a)  The local government official, who may be the

  2  chief financial or administrative officer of the local

  3  government, or

  4         (b)  An independent trustee holding funds on behalf of

  5  the unit of local government,

  6

  7  responsible for deposit and withdrawal of such funds and shall

  8  state the approximate cash-flow requirements of the local

  9  government for the surplus funds to be invested.

10         (2)  The State Board of Administration shall, upon the

11  filing of the resolution, invest the moneys in the trust fund

12  in the same manner and subject to the same restrictions as are

13  set forth in s. 215.47, as provided by rule of the State Board

14  of Administration.

15         (3)  The provisions of this part shall not impair the

16  power of a unit of local government to hold funds in deposit

17  accounts with banking or savings institutions or to invest

18  funds as otherwise authorized by law.

19         Section 9.  Section 218.412, Florida Statutes, is

20  created to read:

21         218.412  Rulemaking authority.--The State Board of

22  Administration may adopt rules as it deems necessary to carry

23  out the provisions of this part.

24         Section 10.  This act shall take effect upon becoming a

25  law.

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  2                          HOUSE SUMMARY

  3
      Revises various provisions of law relating to authority
  4    of the State Board of Administration to invest public
      funds. Revises provisions relating to the investment of
  5    public funds and the securities authorized for such
      investment, and provides for the loan of securities.
  6    Eliminates review by the Department of Management
      Services of charges of the board for investment services
  7    rendered. Authorizes the board to adopt rules necessary
      to carry out the provisions and intent of the State Bond
  8    Act, to carry out provisions of law relating to the terms
      applicable to the issuance of taxable bonds, and to carry
  9    out the provisions of pt. IV of ch. 218, F.S., relating
      to investment of local government surplus funds. Revises
10    provisions relating to local government resolutions
      required for deposit of surplus funds in the Local
11    Government Surplus Funds Trust Fund, and provides
      rulemaking authority to the board with respect to
12    investment of moneys in the trust fund. See bill for
      details.
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