1 | Representative(s) Mealor offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Between line(s) 61 and 62, insert: |
5 | Section 1. Paragraph (d) of subsection (2) of section |
6 | 20.121, Florida Statutes, as amended by chapter 2004-301, Laws |
7 | of Florida, is amended to read: |
8 | 20.121 Department of Financial Services.--There is created |
9 | a Department of Financial Services. |
10 | (2) DIVISIONS.--The Department of Financial Services shall |
11 | consist of the following divisions: |
12 | (d) The Division of Treasury, which shall include a Bureau |
13 | of Deferred Compensation responsible for administering the |
14 | Government Employees Deferred Compensation Plan as provided in |
15 | established under s. 112.215 for state employees. |
16 | Section 2. Subsection (2), paragraphs (a) and (d) of |
17 | subsection (4), and subsections (5), (6), and (12) of section |
18 | 112.215, Florida Statutes, are amended to read: |
19 | 112.215 Government employees; deferred compensation |
20 | program.-- |
21 | (2)(a) For the purposes of this section, the term |
22 | "employee" means any person, whether appointed, elected, or |
23 | under contract, providing services for a governmental entity the |
24 | state; any state agency or county or other political subdivision |
25 | of the state; any municipality; any state university board of |
26 | trustees; or any constitutional county officer under s. 1(d), |
27 | Art. VIII of the State Constitution for which compensation or |
28 | statutory fees are paid. |
29 | (b) "Governmental entity" means the state; any state |
30 | agency or county or other political subdivision of the state; |
31 | any municipality; any state university board of trustees; or any |
32 | constitutional county officer under s. 1(d), Art. VIII of the |
33 | State Constitution. |
34 | (4)(a) The Chief Financial Officer, with the approval of |
35 | the State Board of Administration, shall establish such plan or |
36 | plans of deferred compensation for state employees of |
37 | governmental entities, including all such investment vehicles or |
38 | products incident thereto, as may be available through, or |
39 | offered by, qualified companies or persons, and may approve one |
40 | or more such plans for implementation by and on behalf of |
41 | governmental entities the state and their its agencies and |
42 | employees. |
43 | (d) In accordance with such approved plan, and upon |
44 | contract or agreement with an eligible employee, deferrals of |
45 | compensation may be accomplished by payroll deductions made by |
46 | the appropriate officer or officers of the governmental entity |
47 | state, with such funds being thereafter held and administered in |
48 | accordance with the plan. |
49 | (5) Any county, municipality, or other political |
50 | subdivision of the state may by ordinance, and any |
51 | constitutional county officer under s. 1(d), Art. VIII of the |
52 | State Constitution of 1968 may by contract agreement or other |
53 | documentation constituting approval, for itself and its |
54 | employees: |
55 | (a) Adopt and establish for itself and its employees a |
56 | deferred compensation program. The ordinance shall designate an |
57 | appropriate official of the county, municipality, or political |
58 | subdivision to approve and administer a deferred compensation |
59 | plan or otherwise provide for such approval and administration. |
60 | The ordinance shall also designate a public official or body to |
61 | make the determinations provided for in paragraph (6)(b). If a |
62 | constitutional county officer elects to adopt and establish for |
63 | that office and its employees a deferred compensation program, |
64 | the constitutional county officer shall be the appropriate |
65 | official to make the determinations provided for in this |
66 | subsection and in paragraph (6)(b);. |
67 | (b) Adopt the deferred compensation program of the state; |
68 | or |
69 | (c) Both adopt and establish a deferred compensation |
70 | program and adopt the state's deferred compensation program. |
71 | (6)(a) No deferred compensation plan of the state shall |
72 | become effective until approved by the State Board of |
73 | Administration and the Chief Financial Officer is satisfied by |
74 | opinion from such federal agency or agencies as may be deemed |
75 | necessary that the compensation deferred thereunder, and/or the |
76 | investment products purchased pursuant to the plan, or both will |
77 | not be included in the employee's taxable income under federal |
78 | or state law until it is actually received by such employee |
79 | under the terms of the plan, and that such compensation will |
80 | nonetheless be deemed compensation at the time of deferral for |
81 | the purposes of social security coverage, for the purposes of |
82 | the state retirement system, or and for any other retirement, |
83 | pension, or benefit program established by law. |
84 | (b) No deferred compensation plan adopted and established |
85 | by of a county, municipality, other political subdivision, or |
86 | constitutional county officer shall become effective until the |
87 | appropriate official or body designated under subsection (5) is |
88 | satisfied by opinion from such federal agency or agencies as may |
89 | be deemed necessary that the compensation deferred thereunder, |
90 | and/or the investment products purchased pursuant to the plan, |
91 | or both will not be included in the employee's taxable income |
92 | under federal or state law until it is actually received by such |
93 | employee under the terms of the plan, and that such compensation |
94 | will nonetheless be deemed compensation at the time of deferral |
95 | for the purposes of social security coverage, for the purposes |
96 | of the retirement system of the appropriate county, |
97 | municipality, political subdivision, or constitutional county |
98 | officer, and for any other retirement, pension, or benefit |
99 | program established by law. |
100 | (12) The Chief Financial Officer may adopt any rule |
101 | necessary to administer and implement this act with respect to |
102 | deferred compensation plans for state employees of governmental |
103 | entities that have adopted the state's plan. |
104 |
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105 | ================ T I T L E A M E N D M E N T ============= |
106 | Remove line(s) 6 and insert: |
107 | An act relating to public officers and employees; amending |
108 | s. 112.215, F.S.; revising the term "employee" and |
109 | defining the term "governmental entity"; authorizing |
110 | governmental entities, by ordinance, contract agreement, |
111 | or other documentation, to participate in the deferred |
112 | compensation plan of the state and specifying |
113 | responsibility of the Chief Financial Officer with respect |
114 | thereto; amending s. 20.121, F.S., relating to the |
115 | Department of Financial Services, to conform; amending s. |
116 | 104.31, F.S.; |