Senate Bill 0372er

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  1

  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


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  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,


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  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


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  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


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  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


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  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


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  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


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  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


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  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


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  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


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  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


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  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


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  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


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  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.


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  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 for a county or a municipality.

14         (h)  Other investments authorized by law or by

15  resolution for a school district or a special district.

16         (17)(15)  AUTHORIZED INVESTMENTS; NO WRITTEN INVESTMENT

17  POLICY ALTERNATIVE INVESTMENT GUIDELINES.--Those units of

18  local government electing not to adopt a written investment

19  policy in accordance with investment policies developed as

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

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

22  addition to or in lieu of establishing a written investment

23  plan in accordance with investment policies developed pursuant

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

25  to conduct investment activity outside the framework provided

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

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

28  following instruments and may divest itself of such

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

30  the limitations of this section:

31


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

  2  any intergovernmental investment pool authorized pursuant to

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

  4  163.01.

  5         (b)  Securities and Exchange Commission registered

  6  money market funds with the highest credit quality rating from

  7  a nationally recognized rating agency.

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

  9  in state-certified qualified public depositories, as defined

10  in s. 280.02.

11         (d)  Certificates of deposit in state-certified

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

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

14         (f)  Federal agencies and instrumentalities.

15

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

17  shall be invested to provide sufficient liquidity to pay

18  obligations as they come due match investment maturities with

19  current expenses.

20         (18)  SECURITIES; DISPOSITION.--

21         (a)  Every security purchased under this section on

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

23  must be properly earmarked and:

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

25  be immediately placed for safekeeping in a location that

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

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

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

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

30  United States which has a branch or principal place of

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


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  1  national association organized and existing under the laws of

  2  the United States which is authorized to accept and execute

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

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

  5  the assets of the financial institution; or

  6         3.  If physically issued to the holder but not

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

  8  placed for safekeeping in a secured vault.

  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 or for more optimal investments, the unit of local

25  government's governing body may sell such investments at the

26  then-prevailing market price and place the proceeds into the

27  proper account or fund of the unit 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


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  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 contact those units of

13  local government not in compliance with this section and

14  request evidence of corrective action. If the unit of local

15  government does not provide the Auditor General with evidence

16  of corrective action within 45 days after the date it is

17  requested, the Auditor General shall then notify the Joint

18  Legislative Auditing Committee of any unit of local government

19  not in compliance with this section. Following notification of

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

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

22  scheduled, the committee shall determine which units of local

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

24  committee finds that one or more units of local government

25  should be subjected to further state action, the committee

26  shall:

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

28  school board, request the Department of Revenue and the

29  Department of Banking and Finance to withhold any funds not

30  pledged for bond debt service satisfaction which are payable

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


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  1  Department of Banking and Finance are authorized to implement

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

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

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

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

  6  of the distribution mandated by law.

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

  8  Department of Community Affairs that the special district has

  9  failed to comply with this section. Upon receipt of

10  notification, the Department of Community Affairs shall

11  proceed pursuant to the provisions specified in ss. 189.421

12  and 189.422.

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

14  11.45, Florida Statutes, is amended to read:

15         11.45  Definitions; duties; audits; reports.--

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

17  financial audits of the accounts and records of all state

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

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

20  according to the most recent federal decennial statewide

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

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

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

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

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

26  audits of the accounts and records of all district school

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

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

29  financial audit, each district school board shall contract for

30  an independent certified public accountant to perform a

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


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  1  does not limit the Auditor General's discretionary authority

  2  to conduct performance audits of these governmental entities

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

  4  select an independent certified public accountant to perform a

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

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

  7  district school board may employ an internal auditor to

  8  perform ongoing financial verification of the financial

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

10  district school board or its designee. The Auditor General

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

12  certified public accountant of a district school board the

13  prior year's working papers, including documentation of

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

15  of continuing accounting and auditing significance, such as

16  the working paper analysis of balance sheet accounts and those

17  relating to contingencies.

18         2.  Each charter school established under s. 228.056

19  shall have an annual financial audit of its accounts and

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

21  year by an independent certified public accountant retained by

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

23  accountant who is selected to perform an annual financial

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

25  report to the district school board, the Department of

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

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

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

29  authority or at the direction of the Joint Legislative

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

31


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

  2  audits and performance audits of the accounts and records of

  3  all governmental entities created pursuant to law.  The audits

  4  referred to in this subparagraph must be made whenever

  5  determined by the Auditor General, whenever directed by the

  6  Legislative Auditing Committee, or whenever otherwise required

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

  8  expressway authority, or bridge authority may require that the

  9  annual financial audit of its accounts and records be

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

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

12  Auditor General shall notify the school board, the expressway

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

14         4.  The Office of Program Policy Analysis and

15  Government Accountability within the Office of the Auditor

16  General shall maintain a schedule of performance audits of

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

18  program, the Office of Program Policy Analysis and Government

19  Accountability, when appropriate, shall identify and comment

20  upon alternatives for accomplishing the goals of the program

21  being audited. Such alternatives may include funding

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

23  or governmental units accomplish similar goals.

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

25  board or local governmental entity has not been notified that

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

27  the Auditor General pursuant to subparagraph 3., each

28  municipality with either revenues or expenditures of more than

29  $100,000, each special district with either revenues or

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

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


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  1  annual financial audit of its accounts and records be

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

  3  fiscal year, by an independent certified public accountant

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

  5  certified public accountant who is selected to perform an

  6  annual financial audit of a school district must report

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

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

  9  each financial audit report. Each local government finance

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

11  corporation, created as a separate legal or administrative

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

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

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

15  accounts and records and a written statement or explanation or

16  rebuttal concerning the auditor's comments, including

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

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

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

20  and expenditures from the Public Records Modernization Trust

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

22  audits of the Public Records Modernization Trust Fund and

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

24         6.  The governing body of a municipality, special

25  district, or charter school must establish an auditor

26  selection committee and competitive auditor selection

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

28  competitive auditor selection procedures or the procedures

29  outlined in subparagraph 7.

30         7.  The governing body of a noncharter county or

31  district school board that retains a certified public


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  1  accountant must establish an auditor selection committee and

  2  select an independent certified public accountant according to

  3  the following procedure:

  4         a.  For each noncharter county, the auditor selection

  5  committee must consist of the county officers elected pursuant

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

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

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

  9  and consistent manner, each occasion when auditing services

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

11  general description of the audit and must indicate how

12  interested certified public accountants can apply for

13  consideration.

14         c.  The committee shall encourage firms engaged in the

15  lawful practice of public accounting who desire to provide

16  professional services to submit annually a statement of

17  qualifications and performance data.

18         d.  Any certified public accountant desiring to provide

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

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

21  be employed is fully qualified to render the required

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

23  finding are the capabilities, adequacy of personnel, past

24  record, and experience of the firm or individual.

25         e.  The committee shall adopt procedures for the

26  evaluation of professional services, including, but not

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

28  experience, results of recent external quality control

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

30  committee to be applicable to its particular requirements.

31


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  1         f.  The public must not be excluded from the

  2  proceedings under this subparagraph.

  3         g.  The committee shall evaluate current statements of

  4  qualifications and performance data on file with the

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

  6  firms regarding the proposed audit, and shall conduct

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

  8  fewer than three firms regarding their qualifications,

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

10  services.

11         h.  The committee shall select no fewer than three

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

13  required services after considering such factors as the

14  ability of professional personnel; past performance;

15  willingness to meet time requirements; location; recent,

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

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

18  object of effecting an equitable distribution of contracts

19  among qualified firms, provided such distribution does not

20  violate the principle of selection of the most highly

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

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

23  determines to be qualified.

24         i.  If the governing board receives more than one

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

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

27  ranked first may then negotiate a contract with the board

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

29  engagement.  If the board is unable to negotiate a

30  satisfactory contract with that firm, negotiations with that

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


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  1  undertake negotiations with the second-ranked firm. Failing

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

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

  4  firm. Negotiations with the other ranked firms shall be

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

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

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

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

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

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

11  professional services required in addition to considering

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

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

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

15  compensation and other factual unit costs supporting the

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

17  of contracting. Such certificate shall also contain a

18  description and disclosure of any understanding that places a

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

20  including any arrangements under which fixed limits on fees

21  will not be subject to reconsideration if unexpected

22  accounting or auditing issues are encountered. Such

23  certificate shall also contain a description of any services

24  rendered by the certified public accountant or firm of

25  certified public accountants at rates or terms that are not

26  customary.  Any auditing service contract under which such a

27  certificate is required must contain a provision that the

28  original contract price and any additions thereto shall be

29  adjusted to exclude any significant sums by which the board

30  determines the contract price was increased due to inaccurate

31  or incomplete factual unit costs.  All such contract


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

  2  the contract.

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

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

  5  select additional firms, and the board shall continue

  6  negotiations in accordance with this subsection until an

  7  agreement is reached.

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

  9  independent certified public accountant shall discuss with the

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

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

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

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

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

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

16  their discussion is presumed when the comments are delivered

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

18  member of the governing body of a local governmental entity

19  for which deteriorating financial conditions exist which may

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

21  actions are not taken to address such conditions.

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

23  rebuttal concerning the auditor's comments, including

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

25  governing body of the local governmental entity, district

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

27  delivery of the financial audit report.

28         10.  The Auditor General, in consultation with the

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

30  conduct of all financial audits subject to this section and

31  conducted by independent certified public accountants. The


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  1  Auditor General, in consultation with the Department of

  2  Education, shall develop a compliance supplement for the

  3  financial audit of a district school board conducted by an

  4  independent certified public accountant. The rules for audits

  5  of local governmental entities and district school boards must

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

  7  reporting of information necessary to carry out the purposes

  8  of the Local Government Financial Emergencies Act as stated in

  9  s. 218.501.

10         11.  Any local governmental entity or district school

11  board financial audit report required under subparagraph 5. or

12  charter school financial audit report required under

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

14  explanation or rebuttal concerning the auditor's comments,

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

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

17  report to the local governmental entity, district school

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

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

20  receive the financial audit report within the prescribed

21  period, he or she must notify the Legislative Auditing

22  Committee that the governmental entity or charter school has

23  not complied with this subparagraph. Following notification of

24  failure to submit the required audit report or items required

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

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

27  committee shall determine which governmental entities or

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

29  it finds that one or more governmental entities or charter

30  schools should be subjected to further state action, the

31  committee shall:


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

  2  district school board, or charter school, request the

  3  Department of Revenue and the Department of Banking and

  4  Finance to withhold any funds not pledged for bond debt

  5  service satisfaction which are payable to such governmental

  6  entity or charter school until the required financial audit is

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

  8  the Department of Banking and Finance are authorized to

  9  implement the provisions of this sub-subparagraph. The

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

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

12  Department of Revenue and the Department of Banking and

13  Finance 30 days before the date of the distribution mandated

14  by law.

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

16  Department of Community Affairs that the special district has

17  failed to provide the required audits.  Upon receipt of

18  notification, the Department of Community Affairs shall

19  proceed pursuant to ss. 189.421 and 189.422.

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

21  Board of Accountancy, shall review all audit reports submitted

22  pursuant to subparagraph 11. The Auditor General shall request

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

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

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

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

27  notify the Joint Legislative Auditing Committee.

28         b.  The Auditor General shall notify the Governor and

29  the Joint Legislative Auditing Committee of any audit report

30  reviewed by the Auditor General which contains a statement

31  that the local governmental entity or district school board is


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

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

  3  identifies additional information which indicates that the

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

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

  6  Auditor General shall request appropriate clarification from

  7  the local governmental entity or district school board.  The

  8  requested clarification must be provided within 45 days after

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

10  receive the requested clarification, he or she shall notify

11  the Joint Legislative Auditing Committee.  If, after obtaining

12  the requested clarification, the Auditor General determines

13  that the local governmental entity or district school board is

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

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

16  Auditing Committee.

17         c.  The Auditor General shall annually compile and

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

19  House of Representatives, and the Joint Legislative Auditing

20  Committee a summary of significant findings and financial

21  trends identified in audits of local governmental entities,

22  district school boards, and charter schools performed by the

23  independent certified public accountants.

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

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

26  agency in evaluating the performance of the agency.

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

28  218.32, Florida Statutes, is amended to read:

29         218.32  Annual financial reports; local governmental

30  entities.--

31         (1)


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

  2  annual financial report from a local governmental entity

  3  within the required period, it shall notify the Legislative

  4  Auditing Committee of the failure to report. Following receipt

  5  of notification of failure to report, the committee shall

  6  schedule a hearing for the purpose of receiving additional

  7  testimony addressing the failure of local governmental

  8  entities to comply with the reporting requirements of this

  9  section.  After the hearing, the committee shall determine

10  which local governmental entities will be subjected to further

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

12  entities should be subjected to further state action, the

13  committee shall:

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

15  the Department of Revenue and the Department of Banking and

16  Finance to withhold any funds not pledged for bond debt

17  service satisfaction which are payable to the county or

18  municipality until the required annual financial report is

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

20  Department of Banking and Finance are authorized to implement

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

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

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

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

25  of distribution mandated by law.

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

27  Department of Community Affairs that the special district has

28  failed to provide the required annual financial report. Upon

29  notification, the Department of Community Affairs shall

30  proceed pursuant to ss. 189.421 and 189.422.

31


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

  2  component unit and that did not provide the financial

  3  information required by paragraph (b) to the applicable

  4  reporting entity, notify the Department of Community Affairs

  5  that the special district has failed to provide the required

  6  financial information. Upon notification, the Department of

  7  Community Affairs shall proceed pursuant to ss. 189.421 and

  8  189.422.

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

10  218.38, Florida Statutes, is amended to read:

11         218.38  Notice of bond issues required; verification.--

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

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

14  division, or fails to provide the information required by

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

16  Auditing Committee of such failure to comply. Following

17  receipt of such notification of failure to comply with these

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

19  the purpose of receiving testimony addressing the failure of

20  units of local government to comply with the requirements of

21  this section.  After the hearing, the committee shall

22  determine which units of local government will be subjected to

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

24  local government should be subjected to further state action,

25  the committee shall:

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

27  the Department of Revenue and the Department of Banking and

28  Finance to withhold any funds not pledged for bond debt

29  service satisfaction which are payable to such governmental

30  entity. The Department of Revenue and the Department of

31  Banking and Finance are authorized to implement the provisions


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

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

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

  4  Banking and Finance 30 days before the date of the

  5  distribution mandated by law.

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

  7  to read:

  8         28.33  Investment of county funds by the clerk of the

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

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

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

12  her projected financial needs for the county and shall invest

13  any funds in designated depository banks in interest-bearing

14  certificates or in any direct obligations of the United States

15  in compliance with federal laws relating to receipt of and

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

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

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

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

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

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

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

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

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

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

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

27  Federal Government is greater than the highest bank return,

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

29  Moneys deposited in the registry of the court shall be

30  deposited in interest-bearing certificates at the discretion

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


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

  2  interest when circumstances require the withdrawal of funds

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

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

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

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

  7  counties within the state and make such deposits to the

  8  successful bidder. Except for interest earned on moneys

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

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

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

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

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

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

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

16  investment management fee 10 percent of the interest accruing

17  on those funds with the balance of such interest being

18  allocated in accordance with the interest of the depositors.

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

20  fiscal year, report to the county governing authority the

21  total interest earned on all investments during the preceding

22  year.

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

24  Statutes, is amended to read:

25         159.416  Pool financings.--

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

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

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

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

30  authorized by or pursuant to an ordinance or resolution

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


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  1  or trust indenture or other instrument approved by such

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

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

  4  166.261, 218.345, 219.075, and 236.24 and chapter 280.  The

  5  acquisition of any debt obligation or investment contract or

  6  investment agreement of any bank, savings and loan

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

  8  other financial institution shall be deemed to be an

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

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

11         Section 9.  Section 219.075, Florida Statutes, is

12  amended to read:

13         219.075  Investment of surplus funds by county

14  officers.--

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

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

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

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

19  subject to subsequent distribution to another officer of state

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

21  required to meet current expenses surplus to current needs of

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

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

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

25  created by s. 218.405;

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

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

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

29  principal and interest or dividends;

30         3.  Interest-bearing time deposits or savings accounts

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


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

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

  3  associations which are under state supervision, or in federal

  4  savings and loan associations located in this state and

  5  organized under federal law and federal supervision, provided

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

  7  prescribed by law; or

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

  9  or closed-end management type investment company or investment

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

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

12  provided the portfolio of such investment company or

13  investment trust is limited to obligations of the United

14  States Government or any agency or instrumentality thereof and

15  to repurchase agreements fully collateralized by such United

16  States Government obligations and provided such investment

17  company or investment trust takes delivery of such collateral

18  either directly or through an authorized custodian.

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

20  slow the normal distribution of the subject funds.  The

21  investment earnings shall be reasonably apportioned and

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

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

24  which such earnings accrued.

25         (2)  Except when another procedure is prescribed by

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

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

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

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

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

31  appropriate taxing authority. Immediately after such funds


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  1  have cleared and have been properly credited to the tax

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

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

  4  section.  The earnings from such investments shall be

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

  6  appropriate taxing authorities.  However, the tax collector

  7  may deduct therefrom such reasonable amounts as are necessary

  8  to provide for costs of administration of such investments and

  9  deposits.

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

11  schedule and guidelines to be followed by tax collectors

12  making deposits and investments under the provisions of

13  subsection (2).

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

15  provisions of s. 218.415.

16         Section 10.  Section 236.24, Florida Statutes, is

17  amended to read:

18         236.24  Sources of district school fund.--

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

20  derived from the district school tax levy; state

21  appropriations; appropriations by county commissioners; local,

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

23  other sources for school purposes; national forest trust funds

24  and other federal sources; and gifts and other sources.

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

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

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

28  public funds in its control or possession in:

29         1.  The Local Government Surplus Funds Trust Fund;

30         2.  Negotiable direct obligations of, or obligations

31  the principal and interest of which are unconditionally


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  1  guaranteed by, the United States Government at the then

  2  prevailing market price for such securities;

  3         3.  Interest-bearing time deposits or savings accounts

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

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

  6  Federal Home Loan Mortgage Corporation, including Federal Home

  7  Loan Mortgage Corporation participation certificates; or the

  8  Federal Home Loan Bank or its district banks or obligations

  9  guaranteed by the Government National Mortgage Association;

10         5.  Obligations of the Federal National Mortgage

11  Association, including Federal National Mortgage Association

12  participation certificates and mortgage pass-through

13  certificates guaranteed by the Federal National Mortgage

14  Association; or

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

16  or closed-end management type investment company or investment

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

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

19  provided the portfolio of such investment company or

20  investment trust is limited to obligations of the United

21  States Government or any agency or instrumentality thereof and

22  to repurchase agreements fully collateralized by such United

23  States Government obligations, and provided such investment

24  company or investment trust takes delivery of such collateral

25  either directly or through an authorized custodian.

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

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

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

29  safekeeper shall be a qualified bank or trust company

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

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


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

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

  3  shall issue documentation for each transaction, and a monthly

  4  statement detailing all transactions for the period.

  5         2.  Securities physically delivered to the school board

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

  7  institution located within the county and duly licensed and

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

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

10         3.  The school board may also receive bank trust

11  receipts in return for investment of surplus funds in

12  securities.  Any trust receipts received must enumerate the

13  various securities held together with the specific number of

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

15  receipts are issued may be held by any bank depository

16  chartered by the United States Government, the State of

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

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

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

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

21  needed in whole or in part for the purposes originally

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

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

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

25  the school board.

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

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

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

29  board, which funds are not reasonably contemplated to be

30  needed for the purposes intended within a reasonable time from

31  the date of such investment.


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

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

  3  contrary to such contract or agreement.

  4         (f)  The provisions of this subsection are supplemental

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

  6  school boards.

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

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

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

10  provisions of s. 218.415.

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

12  236.49, Florida Statutes, is amended to read:

13         236.49  Proceeds; how expended.--The proceeds derived

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

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

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

17  be held and expended in the manner following:

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

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

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

21  following securities maturing not later than the time when the

22  funds are reasonably expected to be needed:

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

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

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

26  237.211, Florida Statutes, is amended to read:

27         237.211  School depositories; payments into and

28  withdrawals from depositories.--

29         (6)  EXEMPTION FOR SELF-INSURANCE PROGRAMS AND

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

31


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

  2  insurance company or professional administrator who holds a

  3  valid certificate of authority issued by the Department of

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

  5  administrator is authorized by law to perform.  Pursuant to

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

  7  the administrator to be deposited in a designated special

  8  checking account for paying claims against the school board

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

10  the providers of insured benefits on behalf of the school

11  board and the participants in such programs, and otherwise

12  fulfilling the obligations imposed upon the administrator by

13  law and the contractual agreements between the school board

14  and the administrator.  The special checking account shall be

15  maintained in a designated district school depository. The

16  school board may replenish such account as often as necessary

17  upon the presentation by the service organization of

18  documentation for claims or premiums due paid equal to the

19  amount of the requested reimbursement.  Such replenishment

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

21  and countersigned by the superintendent. Such replenishment

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

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

24  superintendent or his or her designee.  The provisions of

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

26  independent certified public accountant as provided in s.

27  230.23(10)(k)(l) shall apply to this subsection.

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

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

30  230.23, Florida Statutes, and subsection (5) of section

31  237.161, Florida Statutes, are repealed.


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