1 | A bill to be entitled |
2 | An act relating to public funds; creating s. 215.478, |
3 | F.S.; prescribing investment principles for public |
4 | officers and employees investing public moneys and for |
5 | specified officers and employees of firms providing |
6 | investment banking and equity management services for |
7 | governmental agencies with respect to investment of public |
8 | moneys; providing applicability; providing an effective |
9 | date. |
10 |
|
11 | Be It Enacted by the Legislature of the State of Florida: |
12 |
|
13 | Section 1. Section 215.478, Florida Statutes, is created |
14 | to read: |
15 | 215.478 Investment protection principles.-- |
16 | (1) Each person acting individually or as a member of a |
17 | collegial body making investments of public moneys as an |
18 | employee or officer of a state agency or an agency of county, |
19 | municipal, or other local government, and each employee or |
20 | officer of a nongovernmental entity that is retained by such an |
21 | agency to provide investment banking or equity management |
22 | services who makes investment decisions with respect to public |
23 | moneys held in a fiduciary capacity, must comply with the |
24 | following investment principles. The person must: |
25 | (a) Eliminate conflicts of interest in decisionmaking. |
26 | (b) Comply with all standards adopted by the agency, the |
27 | moneys of which are being invested with respect to disclosure |
28 | requirements that are more stringent than those provided by |
29 | general law. |
30 | (c) Consider the corporate governance practices of the |
31 | companies in which public moneys are invested. |
32 | (2) Each nongovernmental entity that provides investment |
33 | banking services for which it is retained by a state agency or |
34 | an agency of county, municipal, or other local government must, |
35 | as a condition of eligibility for receiving compensation for |
36 | such services: |
37 | (a) Sever any link between compensation for analysts and |
38 | investment banking. |
39 | (b) Prohibit investment banking input into analyst |
40 | compensation. |
41 | (c) Create a review committee to approve all research |
42 | recommendations. |
43 | (d) Upon discontinuation of research coverage of a |
44 | company, disclose the coverage termination and the reason for |
45 | the termination. |
46 | (e) Disclose in research reports whether the firm has |
47 | received, or is entitled to receive, any compensation from a |
48 | covered company within the preceding 12 months. |
49 | (f) Establish a monitoring process to ensure compliance |
50 | with all investment protection principles to which it is |
51 | subject. |
52 | (3) Within each equity management firm doing business with |
53 | a state agency or an agency of county, municipal, or other local |
54 | government, each active equity manager must: |
55 | (a) Disclose periodically, as determined by rule of the |
56 | agency whose moneys are being managed but in no case less |
57 | frequently than annually, any client relationship, including |
58 | management of a plan under 26 U.S.C. s. 401(k), in which the |
59 | firm could invest public moneys in the securities of the client. |
60 | (b) Disclose annually the manner in which its portfolio |
61 | managers and research analysts are compensated, including, but |
62 | not limited to, any compensation resulting from the solicitation |
63 | or acquisition of new clients or the retention of existing |
64 | clients. |
65 | (c) Report no less frequently than quarterly the amount of |
66 | commissions related to public moneys paid to broker-dealers and |
67 | the percentage of commissions paid to broker-dealers that have |
68 | publicly announced that they have adopted the investment |
69 | protection principles. |
70 | (d) Adopt safeguards to ensure that client relationships |
71 | of any affiliate company do not influence investment decisions |
72 | of the firm; provide the state agency or agency of county, |
73 | municipal, or other local government a copy of the safeguards |
74 | plan; and certify annually to the state agency or agency of |
75 | county, municipal, or other local government that the plan is |
76 | being fully enforced. |
77 | (e) Consider the quality and integrity of the firm's |
78 | accounting and financial data, including all public filings and |
79 | statements, as well as whether its outside auditors also provide |
80 | consulting or other services to the firm. |
81 | (f) Consider the corporate governance policies and |
82 | practices of the firm. |
83 | Section 2. This act shall take effect upon becoming a law |
84 | and shall apply July 1, 2005, with respect to state agency |
85 | officers and employees and outside investment banking or |
86 | management firms retained by state agencies and October 1, 2005, |
87 | with respect to officers and employees of, and outside |
88 | investment banking or management firms retained by, agencies of |
89 | county, municipal, or other local government. |