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House Bill 0823

Florida House of Representatives - 1997 HB 823 By Representative Gay 1 A bill to be entitled 2 An act relating to financial matters; amending 3 s. 18.10, F.S., which provides requirements for 4 deposit and investment of state money; 5 authorizing, rather than requiring, that funds 6 not needed to meet the disbursement needs of 7 the state be placed in qualified public 8 depositories; providing for investment of any 9 remaining funds in the investments specified in 10 said section; revising the standards that 11 certain corporate obligations and state and 12 local government obligations must meet to be 13 qualified for such investment; authorizing 14 investment in certain foreign bonds and certain 15 convertible debt obligations of corporations 16 domiciled in the United States; providing an 17 effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Subsection (2) of section 18.10, Florida 22 Statutes, 1996 Supplement, is amended to read: 23 18.10 Deposits and investments of state money.-- 24 (2) The Treasurer shall make funds available to meet 25 the disbursement needs of the state. Funds which are not 26 needed for this purpose may shall be placed in qualified 27 public depositories that will pay rates established by the 28 Treasurer at levels not less than the prevailing rate for 29 United States Treasury securities with a corresponding 30 maturity. In the event money is still available, the remainder 31 for interest-bearing time deposits or savings accounts as 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 823 540-162-97 1 provided herein and qualified public depositories are 2 unwilling to accept such money and pay thereon the rates 3 established above, then such money which qualified public 4 depositories are unwilling to accept shall be invested in: 5 (a) Direct United States Treasury obligations. 6 (b) Obligations of the Federal Farm Credit Banks. 7 (c) Obligations of the Federal Home Loan Bank and its 8 district banks. 9 (d) Obligations of the Federal Home Loan Mortgage 10 Corporation, including participation certificates. 11 (e) Obligations guaranteed by the Government National 12 Mortgage Association. 13 (f) Obligations of the Federal National Mortgage 14 Association. 15 (g) Commercial paper of prime quality of the highest 16 letter and numerical rating as provided for by at least one 17 nationally recognized rating service. 18 (h) Time drafts or bills of exchange drawn on and 19 accepted by a commercial bank, otherwise known as "bankers 20 acceptances," which are accepted by a member bank of the 21 Federal Reserve System having total deposits of not less than 22 $400 million or which are accepted by a commercial bank which 23 is not a member of the Federal Reserve System with deposits of 24 not less than $400 million and which is licensed by a state 25 government or the Federal Government, and whose senior debt 26 issues are rated in one of the two highest rating categories 27 by a nationally recognized rating service and which are held 28 in custody by a domestic bank which is a member of the Federal 29 Reserve System. 30 (i) Intermediate-term Corporate obligations or 31 corporate master notes of any corporation within the United 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 823 540-162-97 1 States, if the long-term obligations of such corporation are 2 rated by at least two nationally recognized rating services in 3 any one of the four three highest classifications. However, if 4 such obligations are rated by on ly one nationally recognized 5 rating service, then the obligations shall be rated in any one 6 of the two highest classifications. 7 (j) Obligations of the Student Loan Marketing 8 Association. 9 (k) Obligations of the Resolution Funding Corporation. 10 (l) Asset-backed or mortgage-backed securities of the 11 highest credit quality. 12 (m) Any obligations not previously listed which are 13 guaranteed as to principal and interest by the full faith and 14 credit of the United States Government or are obligations of 15 United States agencies or instrumentalities which are rated in 16 the highest category by a nationally recognized rating 17 service. 18 (n) Commingled no-load investment funds or no-load 19 mutual funds in which all securities held by the funds are 20 authorized in this subsection. 21 (o) Money market mutual funds as defined and regulated 22 by the Securities and Exchange Commission. 23 (p) Obligations of state and local governments rated 24 in any of the four three highest classifications by at least 25 two one or more nationally recognized rating services if their 26 purchase is for the purpose of meeting federal investment 27 requirements for funds accumulated from bonds or other 28 obligations. However, if such obligations are rated by only 29 one nationally recognized rating service, then the obligations 30 shall be rated in any one of the two highest classifications. 31 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 823 540-162-97 1 (q) Derivatives of investment instruments authorized 2 in paragraphs (a) through (m). 3 (r) Covered put and call options on investment 4 instruments authorized in this subsection for the purpose of 5 hedging transactions by investment managers to mitigate risk 6 or to facilitate portfolio management. 7 (s) Negotiable certificates of deposit issued by 8 financial institutions whose long-term debt is rated in one of 9 the three highest categories by at least two nationally 10 recognized rating services, the investment in which shall not 11 be prohibited by any provision of chapter 280. 12 (t) Foreign bonds denominated in United States dollars 13 and registered with the Securities and Exchange Commission for 14 sale in the United States, if the long-term obligations of 15 such issuers are rated by at least two nationally recognized 16 rating services in any one of the four highest 17 classifications. However, if such obligations are rated by 18 only one nationally recognized rating service, the obligations 19 shall be rated in any one of the two highest classifications. 20 (u) Convertible debt obligations of any corporation 21 domiciled within the United States, if the convertible debt 22 issue is rated by at least two nationally recognized rating 23 services in any one of the four highest classifications. 24 However, if such obligations are rated by only one nationally 25 recognized rating service, then the obligations shall be rated 26 in any one of the two highest classifications. 27 (v)(t) Securities not otherwise described in this 28 subsection. However, not more than 3 percent of the funds 29 under the control of the Treasurer shall be invested in 30 securities described in this paragraph. 31 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 823 540-162-97 1 These investments may be in varying maturities and may be in 2 book-entry form. Investments made pursuant to this subsection 3 may be under repurchase agreement. The Treasurer is authorized 4 to hire registered investment advisers and other consultants 5 to assist in investment management and to pay fees directly 6 from investment earnings. Investment securities, proprietary 7 investment services related to contracts, performance 8 evaluation services, investment-related equipment or software 9 used directly to assist investment trading or investment 10 accounting operations including bond calculators, telerates, 11 Bloombergs, special program calculators, intercom systems, and 12 software used in accounting, communications, and trading, and 13 advisory and consulting contracts made under this section are 14 exempt from the provisions of chapter 287. 15 Section 2. This act shall take effect July 1, 1997. 16 17 ***************************************** 18 HOUSE SUMMARY 19 Revises provisions which specify requirements for deposit 20 and investment of state money. Authorizes, rather than requires, that funds not needed to meet the disbursement 21 needs of the state be placed in qualified public depositories. Provides for investment of any remaining 22 funds in the investments specified in said provisions. Revises the standards that certain corporate obligations 23 and state and local government obligations must meet to be qualified for such investment. Authorizes investment 24 in certain foreign bonds and certain convertible debt obligations of corporations domiciled in the United 25 States. 26 27 28 29 30 31 5