Senate Bill 0372c1

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 2000                            CS for SB 372

    By the Committee on Governmental Oversight and Productivity;
    and Senator Rossin




    302-1136-00

  1                      A bill to be entitled

  2         An act relating to investment of public funds;

  3         amending s. 112.625, F.S.; revising and

  4         providing definitions under the Florida

  5         Protection of Public Employee Retirement

  6         Benefits Act; creating s. 112.661, F.S.;

  7         requiring that investment of the assets of any

  8         local retirement system or plan be consistent

  9         with a written investment policy; specifying

10         requirements for such policies with respect to

11         scope, investment objectives, performance

12         measurement, investment standards, maturity and

13         liquidity requirements, portfolio composition,

14         risk and diversification, rate of return,

15         third-party custodial agreements, master

16         repurchase agreements, bid requirements,

17         internal controls, continuing education

18         requirements, reporting and filing

19         requirements, and valuation of illiquid

20         investments; requiring that such policies list

21         authorized investments and prohibiting

22         investments not so listed; amending s. 218.415,

23         F.S.; revising requirements relating to local

24         governments' investment policies; revising the

25         funds to which written investment policies

26         apply and revising requirements relating to

27         bids, internal controls, and reporting;

28         specifying authorized investments for those

29         local governments that adopt a written

30         investment policy; prohibiting investments not

31         listed in such policy; requiring continuing

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1         education for officials responsible for

  2         investment decisions; revising the list of

  3         authorized investments for those local

  4         governments that do not adopt a written

  5         investment policy; providing requirements with

  6         respect to the disposition and sale of

  7         securities, and funds subject to preexisting

  8         contracts; providing for preemption of

  9         conflicting laws; providing that audits of

10         local governments shall report on compliance

11         with said section; providing powers and duties

12         of the Joint Legislative Auditing Committee,

13         the Department of Revenue, the Department of

14         Banking and Finance, and the Department of

15         Community Affairs to enforce compliance;

16         amending s. 11.45, F.S.; revising authority of

17         the Department of Revenue and the Department of

18         Banking and Finance to follow up on entities

19         that fail to submit required audits; amending

20         s. 218.32, F.S.; revising authority of the

21         Department of Banking and Finance to follow up

22         on entities that fail to file annual financial

23         reports; amending s. 218.38, F.S.; revising

24         authority of the Department of Revenue and the

25         Department of Banking and Finance to follow up

26         on entities that fail to verify or file certain

27         information; amending ss. 28.33 and 219.075,

28         F.S.; providing for application of s. 218.415,

29         F.S., to investment of county funds by clerks

30         of the circuit courts and investment of surplus

31         funds by county officers; amending s. 159.416,

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1         F.S.; providing for application of s. 218.415,

  2         F.S., to investments made in connection with a

  3         pool financing program under the Florida

  4         Industrial Development Financing Act; amending

  5         s. 236.24, F.S.; deleting provisions that

  6         specify requirements with respect to investment

  7         of surplus funds by school boards; amending s.

  8         236.49, F.S.; providing for application of s.

  9         218.415(16), F.S., to investment of surplus

10         funds derived from school district bond issues;

11         amending s. 237.211, F.S.; correcting a

12         reference; repealing ss. 125.31, 166.261, and

13         218.345, F.S., which specify requirements with

14         respect to investment of surplus funds by

15         counties, municipalities, and special

16         districts, s. 230.23(10)(k), F.S., which

17         provides requirements with respect to adoption

18         of investment policies by school boards, and s.

19         237.161(5), F.S., which authorizes school

20         boards to invest surplus assets as obligations

21         for a period of 1 year; providing an effective

22         date.

23

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

25

26         Section 1.  Subsections (7) and (8) of section 112.625,

27  Florida Statutes, are amended, and subsection (9) is added to

28  said section, to read:

29         112.625  Definitions.--As used in this act:

30         (7)  "Statement value" means the value of assets in

31  accordance with s. 302(c)(2) of the Employee Retirement Income

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1  Security Act of 1974 and as permitted under regulations

  2  prescribed by the Secretary of the Treasury. Assets for which

  3  a fair market value is not provided shall be excluded from the

  4  assets used in the determination of annual funding cost.

  5         (8)  "Named fiduciary," "board," or "board of trustees"

  6  means the person or persons so designated by the terms of the

  7  instrument or instruments, ordinance, or statute under which

  8  the plan is operated.

  9         (9)  "Plan sponsor" means the local governmental entity

10  that has established or that may establish a local retirement

11  system or plan.

12         Section 2.  Section 112.661, Florida Statutes, is

13  created to read:

14         112.661  Investment policies.--Investment of the assets

15  of any local retirement system or plan must be consistent with

16  a written investment policy adopted by the board. Such

17  policies shall be structured to maximize the financial return

18  to the retirement system or plan consistent with the risks

19  incumbent in each investment and shall be structured to

20  establish and maintain an appropriate diversification of the

21  retirement system or plan's assets.

22         (1)  SCOPE.--The investment policy shall apply to funds

23  under the control of the board.

24         (2)  INVESTMENT OBJECTIVES.--The investment policy

25  shall describe the investment objectives of the board.

26         (3)  PERFORMANCE MEASUREMENT.--The investment policy

27  shall specify performance measures as are appropriate for the

28  nature and size of the assets within the board's custody.

29         (4)  INVESTMENT AND FIDUCIARY STANDARDS.--The

30  investment policy shall describe the level of prudence and

31  ethical standards to be followed by the board in carrying out

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1  its investment activities with respect to funds described in

  2  this section. The board in performing its investment duties

  3  shall comply with the fiduciary standards set forth in the

  4  Employee Retirement Income Security Act of 1974 at 29 U.S.C.

  5  s. 1104(a)(1)(A)-(C). In case of conflict with other

  6  provisions of law authorizing investments, the investment and

  7  fiduciary standards set forth in this section shall prevail.

  8         (5)  AUTHORIZED INVESTMENTS.--

  9         (a)  The investment policy shall list investments

10  authorized by the board. Investments not listed in the

11  investment policy are prohibited. Unless otherwise authorized

12  by law or ordinance, the investment of the assets of any local

13  retirement system or plan covered by this part shall be

14  subject to the limitations and conditions set forth in s.

15  215.47(1), (2), (3), (4), (5), (6), (7), (8), (10), and (16).

16         (b)  If a local retirement system or plan has

17  investments that, on October 1, 2000, either exceed the

18  applicable limit or do not satisfy the applicable investment

19  standard, such excess or investment not in compliance with the

20  policy may be continued until such time as it is economically

21  feasible to dispose of such investment. However, no additional

22  investment may be made in the investment category which

23  exceeds the applicable limit, unless authorized by law or

24  ordinance.

25         (6)  MATURITY AND LIQUIDITY REQUIREMENTS.--The

26  investment policy shall require that the investment portfolio

27  be structured in such manner as to provide sufficient

28  liquidity to pay obligations as they come due. To that end,

29  the investment policy should direct that, to the extent

30  possible, an attempt will be made to match investment

31

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1  maturities with known cash needs and anticipated cash-flow

  2  requirements.

  3         (7)  PORTFOLIO COMPOSITION.--The investment policy

  4  shall establish guidelines for investments and limits on

  5  security issues, issuers, and maturities. Such guidelines

  6  shall be commensurate with the nature and size of the funds

  7  within the custody of the board.

  8         (8)  RISK AND DIVERSIFICATION.--The investment policy

  9  shall provide for appropriate diversification of the

10  investment portfolio. Investments held should be diversified

11  to the extent practicable to control the risk of loss

12  resulting from overconcentration of assets in a specific

13  maturity, issuer, instrument, dealer, or bank through which

14  financial instruments are bought and sold. Diversification

15  strategies within the established guidelines shall be reviewed

16  and revised periodically, as deemed necessary by the board.

17         (9)  EXPECTED ANNUAL RATE OF RETURN.--The investment

18  policy shall require that, for each actuarial valuation, the

19  board determine the total expected annual rate of return for

20  the current year, for each of the next several years, and for

21  the long term thereafter. This determination must be filed

22  promptly with the Department of Management Services and with

23  the plan's sponsor and the consulting actuary. The department

24  shall use this determination only to notify the board, the

25  plan's sponsor, and consulting actuary of material differences

26  between the total expected annual rate of return and the

27  actuarial assumed rate of return.

28         (10)  THIRD-PARTY CUSTODIAL AGREEMENTS.--The investment

29  policy shall provide appropriate arrangements for the holding

30  of assets of the board. Securities should be held with a third

31  party, and all securities purchased by, and all collateral

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1  obtained by, the board should be properly designated as an

  2  asset of the board. No withdrawal of securities, in whole or

  3  in part, shall be made from safekeeping except by an

  4  authorized member of the board or the board's designee.

  5  Securities transactions between a broker-dealer and the

  6  custodian involving purchase or sale of securities by transfer

  7  of money or securities must be made on a "delivery vs.

  8  payment" basis, if applicable, to ensure that the custodian

  9  will have the security or money, as appropriate, in hand at

10  the conclusion of the transaction.

11         (11)  MASTER REPURCHASE AGREEMENT.--The investment

12  policy shall require all approved institutions and dealers

13  transacting repurchase agreements to execute and perform as

14  stated in the Master Repurchase Agreement. All repurchase

15  agreement transactions shall adhere to the requirements of the

16  Master Repurchase Agreement.

17         (12)  BID REQUIREMENT.--The investment policy shall

18  provide that the board determine the approximate maturity date

19  based on cash-flow needs and market conditions, analyze and

20  select one or more optimal types of investment, and

21  competitively bid the security in question when feasible and

22  appropriate. Except as otherwise required by law, the most

23  economically advantageous bid must be selected.

24         (13)  INTERNAL CONTROLS.--The investment policy shall

25  provide for a system of internal controls and operational

26  procedures. The board shall establish a system of internal

27  controls which shall be in writing and made a part of the

28  board's operational procedures. The policy shall provide for

29  review of such controls by independent certified public

30  accountants as part of any financial audit periodically

31  required of the board's unit of local government. The internal

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1  controls should be designed to prevent losses of funds which

  2  might arise from fraud, error, misrepresentation by third

  3  parties, or imprudent actions by the board or employees of the

  4  unit of local government.

  5         (14)  CONTINUING EDUCATION.--The investment policy

  6  shall provide for the continuing education of the board

  7  members in matters relating to investments and the board's

  8  responsibilities.

  9         (15)  REPORTING.--The investment policy shall provide

10  for appropriate annual or more frequent reporting of

11  investment activities. To that end, the board shall prepare

12  periodic reports for submission to the governing body of the

13  unit of local government which shall include investments in

14  the portfolio by class or type, book value, income earned, and

15  market value as of the report date. Such reports shall be

16  available to the public.

17         (16)  FILING OF INVESTMENT POLICY.--Upon adoption by

18  the board, the investment policy shall be promptly filed with

19  the Department of Management Services and the plan's sponsor

20  and consulting actuary. The effective date of the investment

21  policy, and any amendment thereto, shall be the 31st calendar

22  day following the filing date with the plan sponsor.

23         (17)  VALUATION OF ILLIQUID INVESTMENTS.--The

24  investment policy shall provide for the valuation of illiquid

25  investments for which a generally recognized market is not

26  available or for which there is no consistent or generally

27  accepted pricing mechanism. If those investments are utilized,

28  the investment policy must include the criteria set forth in

29  s. 215.47(6), except that submission to the Investment

30  Advisory Council is not required. The investment policy shall

31  require that, for each actuarial valuation, the board must

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1  verify the determination of the fair market value for those

  2  investments and ascertain that the determination complies with

  3  all applicable state and federal requirements. The investment

  4  policy shall require that the board disclose to the Department

  5  of Management Services and the plan's sponsor each such

  6  investment for which the fair market value is not provided.

  7         Section 3.  Section 218.415, Florida Statutes, is

  8  amended to read:

  9         218.415  Local government investment

10  policies.--Investment activity by a unit of local government

11  must be consistent with a written investment plan adopted by

12  the governing body, or in the absence of the existence of a

13  governing body, the respective principal officer of the unit

14  of local government and maintained by the unit of local

15  government or, in the alternative, such activity must be

16  conducted in accordance with the investment guidelines set

17  forth in subsection (17) (15).  Any such unit of local

18  government shall have an investment policy for any public

19  funds in excess of the amounts needed to meet current expenses

20  as provided in subsections (1)-(16) (1)-(14), or shall meet

21  the alternative investment guidelines contained in subsection

22  (17) (15). Such policies shall be structured to place the

23  highest priority on the safety of principal and liquidity of

24  funds. The optimization of investment returns shall be

25  secondary to the requirements for safety and liquidity.  Each

26  unit of local government shall adopt policies that are

27  commensurate with the nature and size of the public funds

28  within its their custody.

29         (1)  SCOPE.--The investment policy shall apply to funds

30  under the control of the unit of local government in excess of

31  those required to meet current expenses. The investment policy

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1  shall not apply to pension funds, including those funds in

  2  chapters 175 and 185,; trust funds; or funds related to the

  3  issuance of debt where there are other existing policies or

  4  indentures in effect for such funds.

  5         (2)  INVESTMENT OBJECTIVES.--The investment policy

  6  shall describe the investment objectives of the unit of local

  7  government. Investment objectives shall include safety of

  8  capital, liquidity of funds, and investment income, in that

  9  order.

10         (3)  PERFORMANCE MEASUREMENT.--The investment policy

11  unit of local government shall specify develop performance

12  measures as are appropriate for the nature and size of the

13  public funds within the its custody of the unit of local

14  government.

15         (4)  PRUDENCE AND ETHICAL STANDARDS.--The investment

16  policy shall describe the level of prudence and ethical

17  standards to be followed by the unit of local government in

18  carrying out its investment activities with respect to funds

19  described in this section.  The unit of local government shall

20  adopt the Prudent Person Rule, which states that: "Investments

21  should be made with judgment and care, under circumstances

22  then prevailing, which persons of prudence, discretion, and

23  intelligence exercise in the management of their own affairs,

24  not for speculation, but for investment, considering the

25  probable safety of their capital as well as the probable

26  income to be derived from the investment."

27         (5)  LISTING OF AUTHORIZED INVESTMENTS.--The investment

28  policy shall list investments authorized by the governing body

29  of the unit of local government, subject to the provisions of

30  subsection (16) investments. Investments not listed in the

31  investment policy are prohibited. If the policy authorizes

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1  investments in derivative products, the policy must require

  2  that must be specifically authorized in the investment plan

  3  and may be considered only if the unit of local government's

  4  officials responsible for making investment decisions or chief

  5  financial officer have has developed sufficient understanding

  6  of the derivative products and have has the expertise to

  7  manage them.  For purposes of this subsection, a "derivative"

  8  is defined as a financial instrument the value of which

  9  depends on, or is derived from, the value of one or more

10  underlying assets or index or asset values. If the policy

11  authorizes investments in The use of reverse repurchase

12  agreements or other forms of leverage, the policy must limit

13  the investments shall be prohibited or limited by investment

14  policy to transactions in which where the proceeds are

15  intended to provide liquidity and for which the unit of local

16  government has sufficient resources and expertise.

17         (6)  MATURITY AND LIQUIDITY REQUIREMENTS.--The

18  investment policy shall require that the investment portfolio

19  is structured in such manner as to provide sufficient

20  liquidity to pay obligations as they come due. To that end,

21  the investment policy should direct that, to the extent

22  possible, an attempt will be made to match investment

23  maturities with known cash needs and anticipated cash-flow

24  requirements.

25         (7)  PORTFOLIO COMPOSITION.--The investment policy

26  shall establish guidelines for investments and limits on

27  security issues, issuers, and maturities.  Such guidelines

28  shall be commensurate with the nature and size of the public

29  funds within the custody of the unit of local government.

30         (8)  RISK AND DIVERSIFICATION.--The investment policy

31  shall provide for appropriate diversification of the

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1  investment portfolio. Investments held should be diversified

  2  to the extent practicable to control the risk of loss

  3  resulting from overconcentration of assets in a specific

  4  maturity, issuer, instrument, dealer, or bank through which

  5  financial instruments are bought and sold.  Diversification

  6  strategies within the established guidelines shall be reviewed

  7  and revised periodically, as deemed necessary by the

  8  appropriate management staff.

  9         (9)  AUTHORIZED INVESTMENT INSTITUTIONS AND

10  DEALERS.--The investment policy should specify the authorized

11  securities dealers, issuers, and banks from whom the unit of

12  local government may purchase securities.

13         (10)  THIRD-PARTY CUSTODIAL AGREEMENTS.--The investment

14  policy shall provide appropriate arrangements for the holding

15  of assets of the unit of local government.  Securities should

16  be held with a third party; and all securities purchased by,

17  and all collateral obtained by, the unit of local government

18  should be properly designated as an asset of the unit of local

19  government. No withdrawal of securities, in whole or in part,

20  shall be made from safekeeping, except by an authorized staff

21  member of the unit of local government.  Securities

22  transactions between a broker-dealer and the custodian

23  involving purchase or sale of securities by transfer of money

24  or securities must be made on a "delivery vs. payment" basis,

25  if applicable, to ensure that the custodian will have the

26  security or money, as appropriate, in hand at the conclusion

27  of the transaction.

28         (11)  MASTER REPURCHASE AGREEMENT.--The investment

29  policy unit of local government shall require all approved

30  institutions and dealers transacting repurchase agreements to

31  execute and perform as stated in the Master Repurchase

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1  Agreement. All repurchase agreement transactions shall adhere

  2  to the requirements of the Master Repurchase Agreement.

  3         (12)  BID REQUIREMENT.--The investment policy shall

  4  require that the unit of local government's staff determine

  5  the approximate maturity date based on cash-flow needs and

  6  market conditions, analyze and select one or more optimal

  7  types of investment, and competitively bid the security in

  8  question when feasible and appropriate. Except as otherwise

  9  required by law, the bid deemed to best meet the investment

10  objectives specified in subsection (2) must be selected. After

11  the unit of local government staff has determined the

12  approximate maturity date based on cash-flow needs and market

13  conditions and has analyzed and selected one or more optimal

14  types of investment, the security in question shall, when

15  feasible and appropriate, be competitively bid.

16         (13)  INTERNAL CONTROLS.--The investment policy shall

17  provide for a system of internal controls and operational

18  procedures.  The unit of local government's officials

19  responsible for making investment decisions or chief financial

20  officer shall, by January 1, 1996, establish a system of

21  internal controls which shall be in writing and made a part of

22  the governmental entity's operational procedures.  The

23  investment policy shall provide for review of such controls by

24  independent auditors as part of any financial audit

25  periodically required of the unit of local government.  The

26  internal controls should be designed to prevent losses of

27  funds which might arise from fraud, employee error,

28  misrepresentation by third parties, or imprudent actions by

29  employees of the unit of local government.

30         (14)  CONTINUING EDUCATION.--The investment policy

31  shall provide for the continuing education of the unit of

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1  local government's officials responsible for making investment

  2  decisions or chief financial officer. Such officials must

  3  annually complete 8 hours of continuing education in subjects

  4  or courses of study related to investment practices and

  5  products.

  6         (15)(14)  REPORTING.--The investment policy shall

  7  provide for appropriate annual or more frequent reporting of

  8  investment activities.  To that end, the governmental entity's

  9  officials responsible for making investment decisions or chief

10  financial officer shall prepare periodic reports for

11  submission to the legislative and governing body of the unit

12  of local government, which shall include securities in the

13  portfolio by class or type, book value, income earned, and

14  market value as of the report date. Such reports shall be

15  available to the public.

16         (16)  AUTHORIZED INVESTMENTS; WRITTEN INVESTMENT

17  POLICIES.--Those units of local government electing to adopt a

18  written investment policy as provided in subsections (1)-(15)

19  may by resolution invest and reinvest any surplus public funds

20  in their control or possession in:

21         (a)  The Local Government Surplus Funds Trust Fund or

22  any intergovernmental investment pool authorized pursuant to

23  the Florida Interlocal Cooperation Act as provided in s.

24  163.01.

25         (b)  Securities and Exchange Commission registered

26  money market funds with the highest credit quality rating from

27  a nationally recognized rating agency.

28         (c)  Interest-bearing time deposits or savings accounts

29  in qualified public depositories as defined in s. 280.02.

30         (d)  Direct obligations of the United States Treasury.

31         (e)  Federal agencies and instrumentalities.

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1         (f)  Securities of, or other interests in, any open-end

  2  or closed-end management-type investment company or investment

  3  trust registered under the Investment Company Act of 1940, 15

  4  U.S.C. ss. 80a-1 et seq., as amended from time to time,

  5  provided that the portfolio of such investment company or

  6  investment trust is limited to obligations of the United

  7  States Government or any agency or instrumentality thereof and

  8  to repurchase agreements fully collateralized by such United

  9  States Government obligations, and provided that such

10  investment company or investment trust takes delivery of such

11  collateral either directly or through an authorized custodian.

12         (g)  Other investments authorized by law or by

13  ordinance.

14         (17)(15)  AUTHORIZED INVESTMENTS; NO WRITTEN INVESTMENT

15  POLICY ALTERNATIVE INVESTMENT GUIDELINES.--Those units of

16  local government electing not to adopt a written investment

17  policy in accordance with investment policies developed as

18  provided in subsections (1)-(15) may invest or reinvest any

19  surplus public funds in their control or possession in: In

20  addition to or in lieu of establishing a written investment

21  plan in accordance with investment policies developed pursuant

22  to subsections (1)-(14), a unit of local government electing

23  to conduct investment activity outside the framework provided

24  by this part shall do so under the guidelines set forth in

25  this section.  The unit of local government may invest in the

26  following instruments and may divest itself of such

27  investments, at prevailing market prices or rates, subject to

28  the limitations of this section:

29         (a)  The Local Government Surplus Funds Trust Fund, or

30  any intergovernmental investment pool authorized pursuant to

31

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1  the Florida Interlocal Cooperation Act, as provided in s.

  2  163.01.

  3         (b)  Securities and Exchange Commission registered

  4  money market funds with the highest credit quality rating from

  5  a nationally recognized rating agency.

  6         (c)  Interest-bearing time deposits or savings accounts

  7  in state-certified qualified public depositories, as defined

  8  in s. 280.02.

  9         (d)  Certificates of deposit in state-certified

10  qualified public depositories, as defined in s. 280.02.

11         (d)(e)  Direct obligations of the U.S. Treasury.

12         (f)  Federal agencies and instrumentalities.

13

14  The securities listed in paragraphs (c) and, (d), (e), and (f)

15  shall be invested to provide sufficient liquidity to pay

16  obligations as they come due match investment maturities with

17  current expenses.

18         (18)  SECURITIES; DISPOSITION.--

19         (a)  Every security purchased under this section on

20  behalf of the governing body of a unit of local government

21  must be properly earmarked and:

22         1.  If registered with the issuer or its agents, must

23  be immediately placed for safekeeping in a location that

24  protects the governing body's interest in the security;

25         2.  If in book entry form, must be held for the credit

26  of the governing body by a depository chartered by the Federal

27  Government, the state, or any other state or territory of the

28  United States which has a branch or principal place of

29  business in this state as defined in s. 658.12, or by a

30  national association organized and existing under the laws of

31  the United States which is authorized to accept and execute

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1  trusts and which is doing business in this state, and must be

  2  kept by the depository in an account separate and apart from

  3  the assets of the financial institution; or

  4         3.  If physically issued to the holder but not

  5  registered with the issuer or its agents, must be immediately

  6  placed for safekeeping in a secured vault in a financial

  7  institution in this state which maintains adequate secured

  8  vault insurance.

  9         (b)  The unit of local government's governing body may

10  also receive bank trust receipts in return for investment of

11  surplus funds in securities. Any trust receipts received must

12  enumerate the various securities held, together with the

13  specific number of each security held. The actual securities

14  on which the trust receipts are issued may be held by any bank

15  depository chartered by the Federal Government, this state, or

16  any other state or territory of the United States which has a

17  branch or principal place of business in this state as defined

18  in s. 658.12, or by a national association organized and

19  existing under the laws of the United States which is

20  authorized to accept and execute trusts and which is doing

21  business in this state.

22         (19)  SALE OF SECURITIES.--When the invested funds are

23  needed in whole or in part for the purposes originally

24  intended, the unit of local government's governing body may

25  sell such investments at the then-prevailing market price and

26  place the proceeds into the proper account or fund of the unit

27  of local government.

28         (20)  PREEXISTING CONTRACT.--Any public funds subject

29  to a contract or agreement existing on October 1, 2000, may

30  not be invested contrary to such contract or agreement.

31

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1         (21)  PREEMPTION.--Any provision of any special act,

  2  municipal charter, or other law which prohibits or restricts a

  3  local governmental entity from complying with this section or

  4  any rules adopted under this section is void to the extent of

  5  the conflict.

  6         (22)  AUDITS.--Certified public accountants conducting

  7  audits of units of local government pursuant to s. 11.45 shall

  8  report, as part of the audit, whether or not the unit of local

  9  government has complied with this section.

10         (23)  AUDITOR GENERAL; REVIEW.--During the Auditor

11  General's review of audit reports of units of local

12  government, the Auditor General shall notify the Joint

13  Legislative Auditing Committee of any unit of local government

14  not in compliance with this section. Following notification of

15  failure by a local government to comply with this section, a

16  hearing may be scheduled by the committee. If a hearing is

17  scheduled, the committee shall determine which units of local

18  government will be subjected to further state action. If the

19  committee finds that one or more units of local government

20  should be subjected to further state action, the committee

21  shall:

22         (a)  In the case of a county, municipality, or district

23  school board, request the Department of Revenue and the

24  Department of Banking and Finance to withhold any funds not

25  pledged for bond debt service satisfaction which are payable

26  to such governmental entity. The Department of Revenue and the

27  Department of Banking and Finance are authorized to implement

28  the provisions of this paragraph. The committee, in its

29  request, shall specify the date such action shall begin, and

30  the request must be received by the Department of Revenue and

31

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1  the Department of Banking and Finance 30 days before the date

  2  of the distribution mandated by law.

  3         (b)  In the case of a special district, notify the

  4  Department of Community Affairs that the special district has

  5  failed to comply with this section. Upon receipt of

  6  notification, the Department of Community Affairs shall

  7  proceed pursuant to the provisions specified in ss. 189.421

  8  and 189.422.

  9         Section 4.  Paragraph (a) of subsection (3) of section

10  11.45, Florida Statutes, is amended to read:

11         11.45  Definitions; duties; audits; reports.--

12         (3)(a)1.  The Auditor General shall annually make

13  financial audits of the accounts and records of all state

14  agencies, as defined in this section, of all district school

15  boards in counties with populations of fewer than 125,000,

16  according to the most recent federal decennial statewide

17  census, and of all district boards of trustees of community

18  colleges. The Auditor General shall, at least every other

19  year, make operational audits of the accounts and records of

20  all state agencies, as defined in this section. The Auditor

21  General shall, at least once every 3 years, make financial

22  audits of the accounts and records of all district school

23  boards in counties with populations of 125,000 or more. For

24  each of the 2 years that the Auditor General does not make the

25  financial audit, each district school board shall contract for

26  an independent certified public accountant to perform a

27  financial audit as defined in paragraph (1)(b). This section

28  does not limit the Auditor General's discretionary authority

29  to conduct performance audits of these governmental entities

30  as authorized in subparagraph 3. A district school board may

31  select an independent certified public accountant to perform a

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1  financial audit as defined in paragraph (1)(b) notwithstanding

  2  the notification provisions of this section. In addition, a

  3  district school board may employ an internal auditor to

  4  perform ongoing financial verification of the financial

  5  records of a school district, who must report directly to the

  6  district school board or its designee. The Auditor General

  7  shall, at a minimum, provide to the successor independent

  8  certified public accountant of a district school board the

  9  prior year's working papers, including documentation of

10  planning, internal control, audit results, and other matters

11  of continuing accounting and auditing significance, such as

12  the working paper analysis of balance sheet accounts and those

13  relating to contingencies.

14         2.  Each charter school established under s. 228.056

15  shall have an annual financial audit of its accounts and

16  records completed within 12 months after the end of its fiscal

17  year by an independent certified public accountant retained by

18  it and paid from its funds. The independent certified public

19  accountant who is selected to perform an annual financial

20  audit of the charter school shall provide a copy of the audit

21  report to the district school board, the Department of

22  Education, and the Auditor General. A management letter must

23  be prepared and included as a part of each financial audit

24  report. The Auditor General may, pursuant to his or her own

25  authority or at the direction of the Joint Legislative

26  Auditing Committee, conduct an audit of a charter school.

27         3.  The Auditor General may at any time make financial

28  audits and performance audits of the accounts and records of

29  all governmental entities created pursuant to law.  The audits

30  referred to in this subparagraph must be made whenever

31  determined by the Auditor General, whenever directed by the

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1  Legislative Auditing Committee, or whenever otherwise required

  2  by law or concurrent resolution.  A district school board,

  3  expressway authority, or bridge authority may require that the

  4  annual financial audit of its accounts and records be

  5  completed within 12 months after the end of its fiscal year.

  6  If the Auditor General is unable to meet that requirement, the

  7  Auditor General shall notify the school board, the expressway

  8  authority, or the bridge authority pursuant to subparagraph 5.

  9         4.  The Office of Program Policy Analysis and

10  Government Accountability within the Office of the Auditor

11  General shall maintain a schedule of performance audits of

12  state programs. In conducting a performance audit of a state

13  program, the Office of Program Policy Analysis and Government

14  Accountability, when appropriate, shall identify and comment

15  upon alternatives for accomplishing the goals of the program

16  being audited. Such alternatives may include funding

17  techniques and, if appropriate, must describe how other states

18  or governmental units accomplish similar goals.

19         5.  If by July 1 in any fiscal year a district school

20  board or local governmental entity has not been notified that

21  a financial audit for that fiscal year will be performed by

22  the Auditor General pursuant to subparagraph 3., each

23  municipality with either revenues or expenditures of more than

24  $100,000, each special district with either revenues or

25  expenditures of more than $50,000, and each county agency

26  shall, and each district school board may, require that an

27  annual financial audit of its accounts and records be

28  completed, within 12 months after the end of its respective

29  fiscal year, by an independent certified public accountant

30  retained by it and paid from its public funds.  An independent

31  certified public accountant who is selected to perform an

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1  annual financial audit of a school district must report

  2  directly to the district school board or its designee. A

  3  management letter must be prepared and included as a part of

  4  each financial audit report. Each local government finance

  5  commission, board, or council, and each municipal power

  6  corporation, created as a separate legal or administrative

  7  entity by interlocal agreement under s. 163.01(7), shall

  8  provide the Auditor General, within 12 months after the end of

  9  its fiscal year, with an annual financial audit report of its

10  accounts and records and a written statement or explanation or

11  rebuttal concerning the auditor's comments, including

12  corrective action to be taken. The county audit shall be one

13  document that includes a separate audit of each county agency.

14  The county audit must include an audit of the deposits into

15  and expenditures from the Public Records Modernization Trust

16  Fund. The Auditor General shall tabulate the results of the

17  audits of the Public Records Modernization Trust Fund and

18  report a summary of the audits to the Legislature annually.

19         6.  The governing body of a municipality, special

20  district, or charter school must establish an auditor

21  selection committee and competitive auditor selection

22  procedures. The governing board may elect to use its own

23  competitive auditor selection procedures or the procedures

24  outlined in subparagraph 7.

25         7.  The governing body of a noncharter county or

26  district school board that retains a certified public

27  accountant must establish an auditor selection committee and

28  select an independent certified public accountant according to

29  the following procedure:

30         a.  For each noncharter county, the auditor selection

31  committee must consist of the county officers elected pursuant

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1  to s. 1(d), Art. VIII of the State Constitution, and one

  2  member of the board of county commissioners or its designee.

  3         b.  The committee shall publicly announce, in a uniform

  4  and consistent manner, each occasion when auditing services

  5  are required to be purchased. Public notice must include a

  6  general description of the audit and must indicate how

  7  interested certified public accountants can apply for

  8  consideration.

  9         c.  The committee shall encourage firms engaged in the

10  lawful practice of public accounting who desire to provide

11  professional services to submit annually a statement of

12  qualifications and performance data.

13         d.  Any certified public accountant desiring to provide

14  auditing services must first be qualified pursuant to law. The

15  committee shall make a finding that the firm or individual to

16  be employed is fully qualified to render the required

17  services. Among the factors to be considered in making this

18  finding are the capabilities, adequacy of personnel, past

19  record, and experience of the firm or individual.

20         e.  The committee shall adopt procedures for the

21  evaluation of professional services, including, but not

22  limited to, capabilities, adequacy of personnel, past record,

23  experience, results of recent external quality control

24  reviews, and such other factors as may be determined by the

25  committee to be applicable to its particular requirements.

26         f.  The public must not be excluded from the

27  proceedings under this subparagraph.

28         g.  The committee shall evaluate current statements of

29  qualifications and performance data on file with the

30  committee, together with those that may be submitted by other

31  firms regarding the proposed audit, and shall conduct

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1  discussions with, and may require public presentations by, no

  2  fewer than three firms regarding their qualifications,

  3  approach to the audit, and ability to furnish the required

  4  services.

  5         h.  The committee shall select no fewer than three

  6  firms deemed to be the most highly qualified to perform the

  7  required services after considering such factors as the

  8  ability of professional personnel; past performance;

  9  willingness to meet time requirements; location; recent,

10  current, and projected workloads of the firms; and the volume

11  of work previously awarded to the firm by the agency, with the

12  object of effecting an equitable distribution of contracts

13  among qualified firms, provided such distribution does not

14  violate the principle of selection of the most highly

15  qualified firms.  If fewer than three firms desire to perform

16  the services, the committee shall recommend such firms as it

17  determines to be qualified.

18         i.  If the governing board receives more than one

19  proposal for the same engagement, the board may rank, in order

20  of preference, the firms to perform the engagement.  The firm

21  ranked first may then negotiate a contract with the board

22  giving, among other things, a basis of its fee for that

23  engagement.  If the board is unable to negotiate a

24  satisfactory contract with that firm, negotiations with that

25  firm shall be formally terminated, and the board shall then

26  undertake negotiations with the second-ranked firm. Failing

27  accord with the second-ranked firm, negotiations shall then be

28  terminated with that firm and undertaken with the third-ranked

29  firm. Negotiations with the other ranked firms shall be

30  undertaken in the same manner.  The board, in negotiating with

31  firms, may reopen formal negotiations with any one of the

                                  24

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1  three top-ranked firms, but it may not negotiate with more

  2  than one firm at a time. The board shall also negotiate on the

  3  scope and quality of services. In making such determination,

  4  the board shall conduct a detailed analysis of the cost of the

  5  professional services required in addition to considering

  6  their scope and complexity. For contracts over $50,000, the

  7  board shall require the firm receiving the award to execute a

  8  truth-in-negotiation certificate stating that the rates of

  9  compensation and other factual unit costs supporting the

10  compensation are accurate, complete, and current at the time

11  of contracting. Such certificate shall also contain a

12  description and disclosure of any understanding that places a

13  limit on current or future years' audit contract fees,

14  including any arrangements under which fixed limits on fees

15  will not be subject to reconsideration if unexpected

16  accounting or auditing issues are encountered. Such

17  certificate shall also contain a description of any services

18  rendered by the certified public accountant or firm of

19  certified public accountants at rates or terms that are not

20  customary.  Any auditing service contract under which such a

21  certificate is required must contain a provision that the

22  original contract price and any additions thereto shall be

23  adjusted to exclude any significant sums by which the board

24  determines the contract price was increased due to inaccurate

25  or incomplete factual unit costs.  All such contract

26  adjustments shall be made within 1 year following the end of

27  the contract.

28         j.  If the board is unable to negotiate a satisfactory

29  contract with any of the selected firms, the committee shall

30  select additional firms, and the board shall continue

31

                                  25

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1  negotiations in accordance with this subsection until an

  2  agreement is reached.

  3         8.  At the conclusion of the audit field work, the

  4  independent certified public accountant shall discuss with the

  5  head of each local governmental entity or the chair's designee

  6  or with the chair of the district school board or the chair's

  7  designee, or with the chair of the board of the charter school

  8  or the chair's designee, as appropriate, all of the auditor's

  9  comments that will be included in the audit report.  If the

10  officer is not available to discuss the auditor's comments,

11  their discussion is presumed when the comments are delivered

12  in writing to his or her office. The auditor shall notify each

13  member of the governing body of a local governmental entity

14  for which deteriorating financial conditions exist which may

15  cause a condition described in s. 218.503(1) to occur if

16  actions are not taken to address such conditions.

17         9.  The officer's written statement of explanation or

18  rebuttal concerning the auditor's comments, including

19  corrective action to be taken, must be filed with the

20  governing body of the local governmental entity, district

21  school board, or charter school within 30 days after the

22  delivery of the financial audit report.

23         10.  The Auditor General, in consultation with the

24  Board of Accountancy, shall adopt rules for the form and

25  conduct of all financial audits subject to this section and

26  conducted by independent certified public accountants. The

27  Auditor General, in consultation with the Department of

28  Education, shall develop a compliance supplement for the

29  financial audit of a district school board conducted by an

30  independent certified public accountant. The rules for audits

31  of local governmental entities and district school boards must

                                  26

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1  include, but are not limited to, requirements for the

  2  reporting of information necessary to carry out the purposes

  3  of the Local Government Financial Emergencies Act as stated in

  4  s. 218.501.

  5         11.  Any local governmental entity or district school

  6  board financial audit report required under subparagraph 5. or

  7  charter school financial audit report required under

  8  subparagraph 2. and the officer's written statement of

  9  explanation or rebuttal concerning the auditor's comments,

10  including corrective action to be taken, must be submitted to

11  the Auditor General within 45 days after delivery of the audit

12  report to the local governmental entity, district school

13  board, or charter school, but no later than 12 months after

14  the end of the fiscal year. If the Auditor General does not

15  receive the financial audit report within the prescribed

16  period, he or she must notify the Legislative Auditing

17  Committee that the governmental entity or charter school has

18  not complied with this subparagraph. Following notification of

19  failure to submit the required audit report or items required

20  by rule adopted by the Auditor General, a hearing must be

21  scheduled by rule of the committee. After the hearing, the

22  committee shall determine which governmental entities or

23  charter schools will be subjected to further state action.  If

24  it finds that one or more governmental entities or charter

25  schools should be subjected to further state action, the

26  committee shall:

27         a.  In the case of a local governmental entity,

28  district school board, or charter school, request the

29  Department of Revenue and the Department of Banking and

30  Finance to withhold any funds not pledged for bond debt

31  service satisfaction which are payable to such governmental

                                  27

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1  entity or charter school until the required financial audit is

  2  received by the Auditor General. The Department of Revenue and

  3  the Department of Banking and Finance are authorized to

  4  implement the provisions of this sub-subparagraph. The

  5  committee, in its request, shall specify the date such action

  6  shall begin, and the request must be received by the

  7  Department of Revenue and the Department of Banking and

  8  Finance 30 days before the date of the distribution mandated

  9  by law.

10         b.  In the case of a special district, notify the

11  Department of Community Affairs that the special district has

12  failed to provide the required audits.  Upon receipt of

13  notification, the Department of Community Affairs shall

14  proceed pursuant to ss. 189.421 and 189.422.

15         12.a.  The Auditor General, in consultation with the

16  Board of Accountancy, shall review all audit reports submitted

17  pursuant to subparagraph 11. The Auditor General shall request

18  any significant items that were omitted in violation of a rule

19  adopted by the Auditor General. The items must be provided

20  within 45 days after the date of the request. If the Auditor

21  General does not receive the requested items, he or she shall

22  notify the Joint Legislative Auditing Committee.

23         b.  The Auditor General shall notify the Governor and

24  the Joint Legislative Auditing Committee of any audit report

25  reviewed by the Auditor General which contains a statement

26  that the local governmental entity or district school board is

27  in a state of financial emergency as provided in s. 218.503.

28  If the Auditor General, in reviewing any audit report,

29  identifies additional information which indicates that the

30  local governmental entity or district school board may be in a

31  state of financial emergency as provided in s. 218.503, the

                                  28

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1  Auditor General shall request appropriate clarification from

  2  the local governmental entity or district school board.  The

  3  requested clarification must be provided within 45 days after

  4  the date of the request. If the Auditor General does not

  5  receive the requested clarification, he or she shall notify

  6  the Joint Legislative Auditing Committee.  If, after obtaining

  7  the requested clarification, the Auditor General determines

  8  that the local governmental entity or district school board is

  9  in a state of financial emergency as provided in s. 218.503,

10  he or she shall notify the Governor and the Joint Legislative

11  Auditing Committee.

12         c.  The Auditor General shall annually compile and

13  transmit to the President of the Senate, the Speaker of the

14  House of Representatives, and the Joint Legislative Auditing

15  Committee a summary of significant findings and financial

16  trends identified in audits of local governmental entities,

17  district school boards, and charter schools performed by the

18  independent certified public accountants.

19         13.  In conducting a performance audit of any agency,

20  the Auditor General shall use the Agency Strategic Plan of the

21  agency in evaluating the performance of the agency.

22         Section 5.  Paragraph (e) of subsection (1) of section

23  218.32, Florida Statutes, is amended to read:

24         218.32  Annual financial reports; local governmental

25  entities.--

26         (1)

27         (e)  If the department does not receive a completed

28  annual financial report from a local governmental entity

29  within the required period, it shall notify the Legislative

30  Auditing Committee of the failure to report. Following receipt

31  of notification of failure to report, the committee shall

                                  29

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1  schedule a hearing for the purpose of receiving additional

  2  testimony addressing the failure of local governmental

  3  entities to comply with the reporting requirements of this

  4  section.  After the hearing, the committee shall determine

  5  which local governmental entities will be subjected to further

  6  state action.  If it finds that one or more local governmental

  7  entities should be subjected to further state action, the

  8  committee shall:

  9         1.  In the case of a county or municipality, request

10  the Department of Revenue and the Department of Banking and

11  Finance to withhold any funds not pledged for bond debt

12  service satisfaction which are payable to the county or

13  municipality until the required annual financial report is

14  received by the department. The Department of Revenue and the

15  Department of Banking and Finance are authorized to implement

16  the provisions of this subparagraph. The committee, in its

17  request, shall specify the date such action shall begin, and

18  the request must be received by the Department of Revenue and

19  the Department of Banking and Finance 30 days before the date

20  of distribution mandated by law.

21         2.  In the case of a special district, notify the

22  Department of Community Affairs that the special district has

23  failed to provide the required annual financial report. Upon

24  notification, the Department of Community Affairs shall

25  proceed pursuant to ss. 189.421 and 189.422.

26         3.  In the case of a special district that is a

27  component unit and that did not provide the financial

28  information required by paragraph (b) to the applicable

29  reporting entity, notify the Department of Community Affairs

30  that the special district has failed to provide the required

31  financial information. Upon notification, the Department of

                                  30

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1  Community Affairs shall proceed pursuant to ss. 189.421 and

  2  189.422.

  3         Section 6.  Paragraph (a) of subsection (3) of section

  4  218.38, Florida Statutes, is amended to read:

  5         218.38  Notice of bond issues required; verification.--

  6         (3)  If a unit of local government fails to verify

  7  pursuant to subsection (2) the information held by the

  8  division, or fails to provide the information required by

  9  subsection (1), the division shall notify the Legislative

10  Auditing Committee of such failure to comply. Following

11  receipt of such notification of failure to comply with these

12  provisions, a hearing shall be scheduled by the committee for

13  the purpose of receiving testimony addressing the failure of

14  units of local government to comply with the requirements of

15  this section.  After the hearing, the committee shall

16  determine which units of local government will be subjected to

17  further state action.  If it finds that one or more units of

18  local government should be subjected to further state action,

19  the committee shall:

20         (a)  In the case of a unit of local government, request

21  the Department of Revenue and the Department of Banking and

22  Finance to withhold any funds not pledged for bond debt

23  service satisfaction which are payable to such governmental

24  entity. The Department of Revenue and the Department of

25  Banking and Finance are authorized to implement the provisions

26  of this paragraph. The committee, in its request, shall

27  specify the date such action shall begin, and the request must

28  be received by the Department of Revenue and the Department of

29  Banking and Finance 30 days before the date of the

30  distribution mandated by law.

31

                                  31

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1         Section 7.  Section 28.33, Florida Statutes, is amended

  2  to read:

  3         28.33  Investment of county funds by the clerk of the

  4  circuit court.--The clerk of the circuit court in each county

  5  shall invest county funds in excess of those required to meet

  6  expenses as provided in s. 218.415. make an estimate of his or

  7  her projected financial needs for the county and shall invest

  8  any funds in designated depository banks in interest-bearing

  9  certificates or in any direct obligations of the United States

10  in compliance with federal laws relating to receipt of and

11  withdrawal of deposits.  All investments shall be open for bid

12  to all qualified depositories in the county. The clerk shall

13  select the highest and best bid for deposit.  All bids

14  received by the clerk shall include, but not be limited to,

15  the interest rate to be earned and the total amount of dollar

16  return to be paid to the clerk. In the event of a like bid

17  between two or more banks, the moneys shall be divided and

18  deposited in each bank, so long as the total interest income

19  from the divided deposits will not be less than the total

20  interest income had the deposits not been divided. If at the

21  time of bid the dollar return on direct obligations of the

22  Federal Government is greater than the highest bank return,

23  then the clerk shall invest in the higher return security.

24  Moneys deposited in the registry of the court shall be

25  deposited in interest-bearing certificates at the discretion

26  of the clerk, subject to the above guidelines. No clerk

27  investing such funds shall be liable for the loss of any

28  interest when circumstances require the withdrawal of funds

29  placed in a time deposit and needed for immediate payment of

30  county obligations.  In any county where local banks refuse to

31  bid on securing such money on interest-bearing certificates,

                                  32

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1  the clerk may request and receive bids from banks in other

  2  counties within the state and make such deposits to the

  3  successful bidder. Except for interest earned on moneys

  4  deposited in the registry of the court, all interest accruing

  5  from moneys deposited shall be deemed income of the office of

  6  the clerk of the circuit court investing such moneys and shall

  7  be deposited in the same account as are other fees and

  8  commissions of the clerk's office.  The clerk may invest

  9  moneys deposited in the registry of the court and shall retain

10  as income of the office of the clerk and as a reasonable

11  investment management fee 10 percent of the interest accruing

12  on those funds with the balance of such interest being

13  allocated in accordance with the interest of the depositors.

14  Each clerk shall, as soon as practicable after the end of the

15  fiscal year, report to the county governing authority the

16  total interest earned on all investments during the preceding

17  year.

18         Section 8.  Subsection (9) of section 159.416, Florida

19  Statutes, is amended to read:

20         159.416  Pool financings.--

21         (9)  Proceeds of bonds and moneys held for the payment

22  of debt service on bonds, including, but not limited to,

23  amounts held in the loan fund, any reserve fund, or debt

24  service fund for the bonds, may be invested in investments

25  authorized by or pursuant to an ordinance or resolution

26  providing for the issuance of the bonds or any trust agreement

27  or trust indenture or other instrument approved by such

28  ordinance or resolution, including, but not limited to,

29  investments described in s. 218.415 ss. 28.33, 125.31,

30  166.261, 218.345, 219.075, and 236.24 and chapter 280.  The

31  acquisition of any debt obligation or investment contract or

                                  33

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1  investment agreement of any bank, savings and loan

  2  association, insurance company, registered broker-dealer, or

  3  other financial institution shall be deemed to be an

  4  investment and not a loan and therefore need not meet the

  5  criteria of subsections (5), (6), and (7).

  6         Section 9.  Section 219.075, Florida Statutes, is

  7  amended to read:

  8         219.075  Investment of surplus funds by county

  9  officers.--

10         (1)(a)  Except when another procedure is prescribed by

11  law or by ordinance as to particular funds, a tax collector or

12  any other county officer having, receiving, or collecting any

13  money, either for his or her office or on behalf of and

14  subject to subsequent distribution to another officer of state

15  or local government, while such money is in excess of that

16  required to meet current expenses surplus to current needs of

17  his or her office or is pending distribution, shall invest

18  such money, without limitation, as provided in s. 218.415. in:

19         1.  The Local Government Surplus Funds Trust Fund, as

20  created by s. 218.405;

21         2.  Bonds, notes, or other obligations of the United

22  States guaranteed by the United States or for which the credit

23  of the United States is pledged for the payment of the

24  principal and interest or dividends;

25         3.  Interest-bearing time deposits or savings accounts

26  in banks organized under the laws of this state, in national

27  banks organized under the laws of the United States and doing

28  business and situated in this state, in savings and loan

29  associations which are under state supervision, or in federal

30  savings and loan associations located in this state and

31  organized under federal law and federal supervision, provided

                                  34

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1  that any such deposits are secured by collateral as may be

  2  prescribed by law; or

  3         4.  Securities of, or other interests in, any open-end

  4  or closed-end management type investment company or investment

  5  trust registered under the Investment Company Act of 1940, 15

  6  U.S.C. ss. 80a-1 et seq., as amended from time to time,

  7  provided the portfolio of such investment company or

  8  investment trust is limited to obligations of the United

  9  States Government or any agency or instrumentality thereof and

10  to repurchase agreements fully collateralized by such United

11  States Government obligations and provided such investment

12  company or investment trust takes delivery of such collateral

13  either directly or through an authorized custodian.

14         (b)  These investments shall be planned so as not to

15  slow the normal distribution of the subject funds.  The

16  investment earnings shall be reasonably apportioned and

17  allocated and shall be credited to the account of, and paid

18  to, the office or distributee, together with the principal on

19  which such earnings accrued.

20         (2)  Except when another procedure is prescribed by

21  law, ordinance, or court order as to particular funds, the tax

22  collector shall, as soon as feasible after collection, deposit

23  in a bank designated as a depository of public funds, as

24  provided in s. 658.60, all taxes, fees, and other collections

25  received by him or her and held prior to distribution to the

26  appropriate taxing authority. Immediately after such funds

27  have cleared and have been properly credited to the tax

28  collector's his or her account, the tax collector shall invest

29  such funds according to the provisions of s. 218.415 this

30  section.  The earnings from such investments shall be

31  apportioned at least quarterly on a pro rata basis to the

                                  35

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1  appropriate taxing authorities.  However, the tax collector

  2  may deduct therefrom such reasonable amounts as are necessary

  3  to provide for costs of administration of such investments and

  4  deposits.

  5         (3)  The State Board of Administration may establish a

  6  schedule and guidelines to be followed by tax collectors

  7  making deposits and investments under the provisions of

  8  subsection (2).

  9         (4)  The provisions of this section are subject to the

10  provisions of s. 218.415.

11         Section 10.  Section 236.24, Florida Statutes, is

12  amended to read:

13         236.24  Sources of district school fund.--

14         (1)  The district school fund shall consist of funds

15  derived from the district school tax levy; state

16  appropriations; appropriations by county commissioners; local,

17  state, and federal school food service funds; any and all

18  other sources for school purposes; national forest trust funds

19  and other federal sources; and gifts and other sources.

20         (2)(a)  Unless otherwise authorized by law or by

21  ordinance, each school board shall, by resolution to be

22  adopted from time to time, invest and reinvest any surplus

23  public funds in its control or possession in:

24         1.  The Local Government Surplus Funds Trust Fund;

25         2.  Negotiable direct obligations of, or obligations

26  the principal and interest of which are unconditionally

27  guaranteed by, the United States Government at the then

28  prevailing market price for such securities;

29         3.  Interest-bearing time deposits or savings accounts

30  in qualified public depositories as defined in s. 280.02;

31

                                  36

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1         4.  Obligations of the federal farm credit banks; the

  2  Federal Home Loan Mortgage Corporation, including Federal Home

  3  Loan Mortgage Corporation participation certificates; or the

  4  Federal Home Loan Bank or its district banks or obligations

  5  guaranteed by the Government National Mortgage Association;

  6         5.  Obligations of the Federal National Mortgage

  7  Association, including Federal National Mortgage Association

  8  participation certificates and mortgage pass-through

  9  certificates guaranteed by the Federal National Mortgage

10  Association; or

11         6.  Securities of, or other interests in, any open-end

12  or closed-end management type investment company or investment

13  trust registered under the Investment Company Act of 1940, 15

14  U.S.C. ss. 80a-1 et seq., as amended from time to time,

15  provided the portfolio of such investment company or

16  investment trust is limited to obligations of the United

17  States Government or any agency or instrumentality thereof and

18  to repurchase agreements fully collateralized by such United

19  States Government obligations, and provided such investment

20  company or investment trust takes delivery of such collateral

21  either directly or through an authorized custodian.

22         (b)1.  Securities purchased by any such school board

23  under the authority of this law shall be delivered by the

24  seller to the school board or its appointed safekeeper.  The

25  safekeeper shall be a qualified bank or trust company

26  chartered to operate as such by the State of Florida, any

27  other state or territory of the United States, or the United

28  States Government, that has a branch or principal place of

29  business in this state as defined in s. 658.12. The safekeeper

30  shall issue documentation for each transaction, and a monthly

31  statement detailing all transactions for the period.

                                  37

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1         2.  Securities physically delivered to the school board

  2  shall be placed in a safe-deposit box in a bank or other

  3  institution located within the county and duly licensed and

  4  insured.  Withdrawals from such safe-deposit box shall be only

  5  by persons duly authorized by resolution of the school board.

  6         3.  The school board may also receive bank trust

  7  receipts in return for investment of surplus funds in

  8  securities.  Any trust receipts received must enumerate the

  9  various securities held together with the specific number of

10  each security held.  The actual securities on which the trust

11  receipts are issued may be held by any bank depository

12  chartered by the United States Government, the State of

13  Florida, or any other state or territory of the United States,

14  that has a branch or principal place of business in this state

15  as defined in s. 658.12, or their designated agents.

16         (c)  When the money invested in such securities is

17  needed in whole or in part for the purposes originally

18  intended, the school board is authorized to sell such security

19  or securities at the then prevailing market price and to pay

20  the proceeds of such sale into the proper account or fund of

21  the school board.

22         (d)  For the purposes of this law, the term "surplus

23  funds" is defined as funds in any general or special account

24  or fund of the school board, held or controlled by the school

25  board, which funds are not reasonably contemplated to be

26  needed for the purposes intended within a reasonable time from

27  the date of such investment.

28         (e)  Any surplus public funds subject to a contract or

29  agreement on the date of this enactment shall not be invested

30  contrary to such contract or agreement.

31

                                  38

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1         (f)  The provisions of this subsection are supplemental

  2  to any and all other laws relating to the legal investments by

  3  school boards.

  4         (3)  Investments made pursuant to this section may be

  5  in book-entry form and may be under repurchase agreements.

  6         (4)  The provisions of this section are subject to the

  7  provisions of s. 218.415.

  8         Section 11.  Paragraph (a) of subsection (2) of section

  9  236.49, Florida Statutes, is amended to read:

10         236.49  Proceeds; how expended.--The proceeds derived

11  from the sale of said bonds shall be held by the school board

12  and shall be expended by the board for the purpose for which

13  said bonds were authorized for said school district, and shall

14  be held and expended in the manner following:

15         (2)  All or any part of the fund derived from the

16  proceeds of any such bond issue that in the judgment of the

17  school board is not immediately needed may be placed in the

18  following securities maturing not later than the time when the

19  funds are reasonably expected to be needed:

20         (a)  In investments listed in s. 218.415(16) authorized

21  in s. 236.24(2)(a) for the district school fund.

22         Section 12.  Paragraph (b) of subsection (6) of section

23  237.211, Florida Statutes, is amended to read:

24         237.211  School depositories; payments into and

25  withdrawals from depositories.--

26         (6)  EXEMPTION FOR SELF-INSURANCE PROGRAMS AND

27  THIRD-PARTY ADMINISTERED EMPLOYEES' FRINGE BENEFIT PROGRAMS.--

28         (b)  The school board is authorized to contract with an

29  insurance company or professional administrator who holds a

30  valid certificate of authority issued by the Department of

31  Insurance to provide any or all services that a third-party

                                  39

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1  administrator is authorized by law to perform.  Pursuant to

  2  such contract, the school board may advance or remit money to

  3  the administrator to be deposited in a designated special

  4  checking account for paying claims against the school board

  5  under its self-insurance programs, and remitting premiums to

  6  the providers of insured benefits on behalf of the school

  7  board and the participants in such programs, and otherwise

  8  fulfilling the obligations imposed upon the administrator by

  9  law and the contractual agreements between the school board

10  and the administrator.  The special checking account shall be

11  maintained in a designated district school depository. The

12  school board may replenish such account as often as necessary

13  upon the presentation by the service organization of

14  documentation for claims or premiums due paid equal to the

15  amount of the requested reimbursement.  Such replenishment

16  shall be made by a warrant signed by the chair of the board

17  and countersigned by the superintendent. Such replenishment

18  may be made by electronic, telephonic, or other medium, and

19  each transfer shall be confirmed in writing and signed by the

20  superintendent or his or her designee.  The provisions of

21  strict accountability of all funds and an annual audit by an

22  independent certified public accountant as provided in s.

23  230.23(10)(k)(l) shall apply to this subsection.

24         Section 13.  Sections 125.31, 166.261, and 218.345,

25  Florida Statutes, paragraph (k) of subsection (10) of section

26  230.23, Florida Statutes, and subsection (5) of section

27  237.161, Florida Statutes, are repealed.

28         Section 14.  This act shall take effect October 1,

29  2000.

30

31

                                  40

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 372
    302-1136-00




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 372

  3

  4  Clarifies that the chief financial officer and other officials
    responsible for making decisions must have sufficient
  5  understanding of the derivative products and have the
    expertise to manage them.
  6
    Changes provision requiring selection of most economically
  7  advantageous bid, to selection of the bid that best meets
    specified investment options.
  8
    Eliminates provision authorizing investment of surplus public
  9  funds in savings accounts in, or certificates of deposit of
    any bank, savings bank, or savings and loan and substitutes
10  interest-bearing time deposits or savings accounts in
    qualified public depositories as defined in s. 280.02, F.S.
11
    Requires Department of Banking and Finance to withhold any
12  funds not pledged for bond debt service satisfaction which are
    payable to government entity. Authorizing the Department of
13  Revenue and the Department of Banking and Finance to implement
    the provision.
14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  41