Senate Bill sb1120

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                                  SB 1120

    By Senator Haridopolos





    26-1041-05                                          See HB 431

  1                      A bill to be entitled

  2         An act relating to the Financial Literacy

  3         Council; creating s. 516.321, F.S.; providing

  4         legislative findings; creating the council;

  5         providing purposes; providing for membership;

  6         providing for meetings, procedures, records,

  7         and reimbursement for travel and per diem

  8         expenses; providing powers and duties of the

  9         council; providing for resources of the

10         council; requiring annual reports to the

11         Governor and Legislature; providing an

12         effective date.

13  

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

15  

16         Section 1.  Section 516.321, Florida Statutes, is

17  created to read:

18         516.321  Financial Literacy Council.--

19         (1)  CREATION.--The Legislature finds that financial

20  issues can be complex and confusing to many consumers and

21  small businesses. As a result, the number of bankruptcies have

22  almost doubled over the past 10 years, seniors are frequently

23  the targets of investment scams, more students drop out of

24  college due to credit card debt than due to failing grades,

25  and many consumers and small businesses are hurt by delaying

26  or avoiding important money issues due to fear of making the

27  wrong financial decisions. There is a dire need of

28  user-friendly information and education that will increase the

29  financial literacy of small businesses and consumers.

30  Therefore, the Financial Literacy Council is created.

31         (2)  PURPOSES.--The purposes of the council are to:

                                  1

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






    Florida Senate - 2005                                  SB 1120
    26-1041-05                                          See HB 431




 1         (a)  Provide a single state resource for consumers and

 2  small businesses to contact for assistance regarding basic

 3  financial information.

 4         (b)  Equip small businesses, young people, working

 5  adults, and seniors with the tools and resources they need to

 6  make informed financial decisions.

 7         (c)  Help residents of this state learn more about

 8  personal finance issues, including, but not limited to,

 9  applying for loans, making sound investment choices, and

10  saving for retirement.

11         (d)  Facilitate the sharing of best practices that are

12  characteristic of highly successful small businesses.

13         (e)  Serve as an educational forum for resource

14  planning, financial planning, and management issues for small

15  businesses.

16         (3)  COMPOSITION.--

17         (a)  Members of the council shall include the Chief

18  Financial Officer, or her or his designee, and not more than

19  14 other members to be appointed by the Chief Financial

20  Officer, selected from various areas of the financial

21  industry, such as banking, finance, insurance, real estate,

22  and securities, who are, when possible, leading members of

23  statewide organizations representing all segments of the

24  financial industry so as to establish a broadly based and

25  representative council. Appointed members shall include

26  persons who represent rural and urban interests and the ethnic

27  and cultural diversity of the state's population. At least one

28  member must be chosen from a list of three persons submitted

29  to the Chief Financial Officer by a senior advocacy group. At

30  least one member must be chosen from a list of three persons

31  

                                  2

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






    Florida Senate - 2005                                  SB 1120
    26-1041-05                                          See HB 431




 1  submitted to the Chief Financial Officer by the Florida

 2  Council on Economic Education.

 3         (b)  Members of the council shall serve at the pleasure

 4  of the Chief Financial Officer. The board shall designate one

 5  member as chair. The board shall meet at the call of the chair

 6  or the Chief Financial Officer. All members shall be appointed

 7  for a term of 4 years and shall serve until their successors

 8  are appointed. A vacancy shall be filled for the remainder of

 9  the unexpired term.

10         (4)  MEETINGS; PROCEDURES; RECORDS; COMPENSATION.--

11         (a)  The business of the council shall be presented to

12  the council in the form of an agenda. The agenda shall be set

13  by the Chief Financial Officer and shall include items of

14  business requested by the council members.

15         (b)  A majority of the members shall constitute a

16  quorum, and action by a majority of a quorum shall be

17  official.

18         (c)  The council shall make a report of each meeting to

19  the Chief Financial Officer, which report shall show the names

20  of the members present and shall include a record of the

21  council's discussions, recommendations, and actions taken. The

22  Chief Financial Officer shall keep the records of the

23  proceedings of each meeting on file and shall make the records

24  available to any interested person or group.

25         (d)  Each council member shall be entitled to

26  reimbursement for per diem and travel expenses pursuant to s.

27  112.061.

28         (5)  POWERS AND DUTIES.--

29         (a)  The council shall continually study financial

30  problems that plague consumers, particularly young persons,

31  

                                  3

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






    Florida Senate - 2005                                  SB 1120
    26-1041-05                                          See HB 431




 1  seniors, working adults, and small businesses due to a lack of

 2  basic knowledge of financial issues.

 3         (b)  The council shall develop written materials which

 4  shall be available to educate consumers and small businesses

 5  about basic financial issues.

 6         (c)  The council shall establish an outreach program by

 7  which the council will provide education at meetings of

 8  affected persons or by seminars provided through the council

 9  to groups of affected persons.

10         (6)  RESOURCES.--

11         (a)  The council may apply for and accept funds,

12  grants, gifts, and services from the state, the government of

13  the United States or any of its agencies, or any other public

14  or private source for the purpose of defraying clerical and

15  administrative costs as may be necessary in carrying out its

16  duties under this section.

17         (b)  The council shall secure staff assistance and use

18  clerical resources, materials, and other support services of

19  the Department of Financial Services and other state agencies

20  and coordinate and consult with existing legislative staff, in

21  order that minimum costs and maximum expertise be achieved.

22         (c)  The council shall use the talents, expertise, and

23  resources within the state, and especially those of the

24  university system, to whatever extent practicable.

25         (d)  The council may procure information and assistance

26  from the state or any subdivision, municipal corporation,

27  public officer, governmental department, or agency thereof.

28  All agencies, officers, and political subdivisions of the

29  state or municipal corporations shall give the commission all

30  relevant information and reasonable assistance on any matters

31  of research within their knowledge or control.

                                  4

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






    Florida Senate - 2005                                  SB 1120
    26-1041-05                                          See HB 431




 1         (7)  REPORTS.--Beginning January 1, 2007, the council

 2  shall report annually on January 1 to the Governor, the

 3  Speaker of the House of Representatives, and the President of

 4  the Senate on the activities carried out under the provisions

 5  of this section.

 6         Section 2.  This act shall take effect July 1, 2005.

 7  

 8  

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  5

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