House Bill 0823e1

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                                        CS/HB 823, First Engrossed



  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; revising

  5         the standards that certain corporate

  6         obligations and state and local government

  7         obligations must meet to be qualified for such

  8         investment; authorizing investment in certain

  9         foreign bonds and certain convertible debt

10         obligations of corporations domiciled in the

11         United States; amending s. 766.315, F.S.;

12         providing that the investment of funds by the

13         Florida Birth-Related Neurological Injury

14         Compensation Association is subject to the

15         provisions of s. 215.47, F.S.; providing an

16         effective date.

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

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20         Section 1.  Subsection (2) of section 18.10, Florida

21  Statutes, is amended to read:

22         18.10  Deposits and investments of state money.--

23         (2)  The Treasurer shall make funds available to meet

24  the disbursement needs of the state. Funds which are not

25  needed for this purpose shall be placed in qualified public

26  depositories that will pay rates established by the Treasurer

27  at levels not less than the prevailing rate for United States

28  Treasury securities with a corresponding maturity. In the

29  event money is available for interest-bearing time deposits or

30  savings accounts as provided herein and qualified public

31  depositories are unwilling to accept such money and pay


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                                        CS/HB 823, First Engrossed



  1  thereon the rates established above, then such money which

  2  qualified public depositories are unwilling to accept shall be

  3  invested in:

  4         (a)  Direct United States Treasury obligations.

  5         (b)  Obligations of the Federal Farm Credit Banks.

  6         (c)  Obligations of the Federal Home Loan Bank and its

  7  district banks.

  8         (d)  Obligations of the Federal Home Loan Mortgage

  9  Corporation, including participation certificates.

10         (e)  Obligations guaranteed by the Government National

11  Mortgage Association.

12         (f)  Obligations of the Federal National Mortgage

13  Association.

14         (g)  Commercial paper of prime quality of the highest

15  letter and numerical rating as provided for by at least one

16  nationally recognized rating service.

17         (h)  Time drafts or bills of exchange drawn on and

18  accepted by a commercial bank, otherwise known as "bankers

19  acceptances," which are accepted by a member bank of the

20  Federal Reserve System having total deposits of not less than

21  $400 million or which are accepted by a commercial bank which

22  is not a member of the Federal Reserve System with deposits of

23  not less than $400 million and which is licensed by a state

24  government or the Federal Government, and whose senior debt

25  issues are rated in one of the two highest rating categories

26  by a nationally recognized rating service and which are held

27  in custody by a domestic bank which is a member of the Federal

28  Reserve System.

29         (i)  Intermediate-term Corporate obligations or

30  corporate master notes of any corporation within the United

31  States, if the long-term obligations of such corporation are


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                                        CS/HB 823, First Engrossed



  1  rated by at least two nationally recognized rating services in

  2  any one of the four three highest classifications. However, if

  3  such obligations are rated by on ly one nationally recognized

  4  rating service, then the obligations shall be rated in any one

  5  of the two highest classifications.

  6         (j)  Obligations of the Student Loan Marketing

  7  Association.

  8         (k)  Obligations of the Resolution Funding Corporation.

  9         (l)  Asset-backed or mortgage-backed securities of the

10  highest credit quality.

11         (m)  Any obligations not previously listed which are

12  guaranteed as to principal and interest by the full faith and

13  credit of the United States Government or are obligations of

14  United States agencies or instrumentalities which are rated in

15  the highest category by a nationally recognized rating

16  service.

17         (n)  Commingled no-load investment funds or no-load

18  mutual funds in which all securities held by the funds are

19  authorized in this subsection.

20         (o)  Money market mutual funds as defined and regulated

21  by the Securities and Exchange Commission.

22         (p)  Obligations of state and local governments rated

23  in any of the four three highest classifications by at least

24  two one or more nationally recognized rating services if their

25  purchase is for the purpose of meeting federal investment

26  requirements for funds accumulated from bonds or other

27  obligations. However, if such obligations are rated by only

28  one nationally recognized rating service, then the obligations

29  shall be rated in any one of the two highest classifications.

30         (q)  Derivatives of investment instruments authorized

31  in paragraphs (a) through (m).


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                                        CS/HB 823, First Engrossed



  1         (r)  Covered put and call options on investment

  2  instruments authorized in this subsection for the purpose of

  3  hedging transactions by investment managers to mitigate risk

  4  or to facilitate portfolio management.

  5         (s)  Negotiable certificates of deposit issued by

  6  financial institutions whose long-term debt is rated in one of

  7  the three highest categories by at least two nationally

  8  recognized rating services, the investment in which shall not

  9  be prohibited by any provision of chapter 280.

10         (t)  Foreign bonds denominated in United States dollars

11  and registered with the Securities and Exchange Commission for

12  sale in the United States, if the long-term obligations of

13  such issuers are rated by at least two nationally recognized

14  rating services in any one of the four highest

15  classifications.  However, if such obligations are rated by

16  only one nationally recognized rating service, the obligations

17  shall be rated in any one of the two highest classifications.

18         (u)  Convertible debt obligations of any corporation

19  domiciled within the United States, if the convertible debt

20  issue is rated by at least two nationally recognized rating

21  services in any one of the four highest classifications.

22  However, if such obligations are rated by only one nationally

23  recognized rating service, then the obligations shall be rated

24  in any one of the two highest classifications.

25         (v)(t)  Securities not otherwise described in this

26  subsection. However, not more than 3 percent of the funds

27  under the control of the Treasurer shall be invested in

28  securities described in this paragraph.

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30  These investments may be in varying maturities and may be in

31  book-entry form. Investments made pursuant to this subsection


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                                        CS/HB 823, First Engrossed



  1  may be under repurchase agreement. The Treasurer is authorized

  2  to hire registered investment advisers and other consultants

  3  to assist in investment management and to pay fees directly

  4  from investment earnings. Investment securities, proprietary

  5  investment services related to contracts, performance

  6  evaluation services, investment-related equipment or software

  7  used directly to assist investment trading or investment

  8  accounting operations including bond calculators, telerates,

  9  Bloombergs, special program calculators, intercom systems, and

10  software used in accounting, communications, and trading, and

11  advisory and consulting contracts made under this section are

12  exempt from the provisions of chapter 287.

13         Section 2.  Paragraph (e) of subsection (5) of section

14  766.315, Florida Statutes, is amended to read:

15         766.315  Florida Birth-Related Neurological Injury

16  Compensation Association; board of directors.--

17         (5)

18         (e)  Any Funds held on behalf of the plan are funds of

19  the State of Florida. The association may only invest plan

20  funds in the investments and securities described in s.

21  215.47, and shall be subject to the limitations on investments

22  contained in that section must be invested in interest-bearing

23  investments by the association. All income derived from such

24  investments will be credited to the plan.

25         Section 3.  This act shall take effect July 1 of the

26  year in which enacted.

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