(LATE FILED)Amendment
Bill No. 1377
Amendment No. 709957
CHAMBER ACTION
Senate House
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1Representative(s) Mealor offered the following:
2
3     Amendment (with title amendment)
4     Between line(s) 61 and 62, insert:
5     Section 1.  Paragraph (d) of subsection (2) of section
620.121, Florida Statutes, as amended by chapter 2004-301, Laws
7of Florida, is amended to read:
8     20.121  Department of Financial Services.--There is created
9a Department of Financial Services.
10     (2)  DIVISIONS.--The Department of Financial Services shall
11consist of the following divisions:
12     (d)  The Division of Treasury, which shall include a Bureau
13of Deferred Compensation responsible for administering the
14Government Employees Deferred Compensation Plan as provided in
15established under s. 112.215 for state employees.
16     Section 2.  Subsection (2), paragraphs (a) and (d) of
17subsection (4), and subsections (5), (6), and (12) of section
18112.215, Florida Statutes, are amended to read:
19     112.215  Government employees; deferred compensation
20program.--
21     (2)(a)  For the purposes of this section, the term
22"employee" means any person, whether appointed, elected, or
23under contract, providing services for a governmental entity the
24state; any state agency or county or other political subdivision
25of the state; any municipality; any state university board of
26trustees; or any constitutional county officer under s. 1(d),
27Art. VIII of the State Constitution for which compensation or
28statutory fees are paid.
29     (b)  "Governmental entity" means the state; any state
30agency or county or other political subdivision of the state;
31any municipality; any state university board of trustees; or any
32constitutional county officer under s. 1(d), Art. VIII of the
33State Constitution.
34     (4)(a)  The Chief Financial Officer, with the approval of
35the State Board of Administration, shall establish such plan or
36plans of deferred compensation for state employees of
37governmental entities, including all such investment vehicles or
38products incident thereto, as may be available through, or
39offered by, qualified companies or persons, and may approve one
40or more such plans for implementation by and on behalf of
41governmental entities the state and their its agencies and
42employees.
43     (d)  In accordance with such approved plan, and upon
44contract or agreement with an eligible employee, deferrals of
45compensation may be accomplished by payroll deductions made by
46the appropriate officer or officers of the governmental entity
47state, with such funds being thereafter held and administered in
48accordance with the plan.
49     (5)  Any county, municipality, or other political
50subdivision of the state may by ordinance, and any
51constitutional county officer under s. 1(d), Art. VIII of the
52State Constitution of 1968 may by contract agreement or other
53documentation constituting approval, for itself and its
54employees:
55     (a)  Adopt and establish for itself and its employees a
56deferred compensation program. The ordinance shall designate an
57appropriate official of the county, municipality, or political
58subdivision to approve and administer a deferred compensation
59plan or otherwise provide for such approval and administration.
60The ordinance shall also designate a public official or body to
61make the determinations provided for in paragraph (6)(b). If a
62constitutional county officer elects to adopt and establish for
63that office and its employees a deferred compensation program,
64the constitutional county officer shall be the appropriate
65official to make the determinations provided for in this
66subsection and in paragraph (6)(b);.
67     (b)  Adopt the deferred compensation program of the state;
68or
69     (c)  Both adopt and establish a deferred compensation
70program and adopt the state's deferred compensation program.
71     (6)(a)  No deferred compensation plan of the state shall
72become effective until approved by the State Board of
73Administration and the Chief Financial Officer is satisfied by
74opinion from such federal agency or agencies as may be deemed
75necessary that the compensation deferred thereunder, and/or the
76investment products purchased pursuant to the plan, or both will
77not be included in the employee's taxable income under federal
78or state law until it is actually received by such employee
79under the terms of the plan, and that such compensation will
80nonetheless be deemed compensation at the time of deferral for
81the purposes of social security coverage, for the purposes of
82the state retirement system, or and for any other retirement,
83pension, or benefit program established by law.
84     (b)  No deferred compensation plan adopted and established
85by of a county, municipality, other political subdivision, or
86constitutional county officer shall become effective until the
87appropriate official or body designated under subsection (5) is
88satisfied by opinion from such federal agency or agencies as may
89be deemed necessary that the compensation deferred thereunder,
90and/or the investment products purchased pursuant to the plan,
91or both will not be included in the employee's taxable income
92under federal or state law until it is actually received by such
93employee under the terms of the plan, and that such compensation
94will nonetheless be deemed compensation at the time of deferral
95for the purposes of social security coverage, for the purposes
96of the retirement system of the appropriate county,
97municipality, political subdivision, or constitutional county
98officer, and for any other retirement, pension, or benefit
99program established by law.
100     (12)  The Chief Financial Officer may adopt any rule
101necessary to administer and implement this act with respect to
102deferred compensation plans for state employees of governmental
103entities that have adopted the state's plan.
104
105================ T I T L E  A M E N D M E N T =============
106     Remove line(s) 6 and insert:
107An act relating to public officers and employees; amending
108s. 112.215, F.S.; revising the term "employee" and
109defining the term "governmental entity"; authorizing
110governmental entities, by ordinance, contract agreement,
111or other documentation, to participate in the deferred
112compensation plan of the state and specifying
113responsibility of the Chief Financial Officer with respect
114thereto; amending s. 20.121, F.S., relating to the
115Department of Financial Services, to conform; amending s.
116104.31, F.S.;


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