HB 1191

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


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