Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for CS for SB's 1944 & 2008
                        Barcode 961906
                            CHAMBER ACTION
              Senate                               House
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       05/04/2005 11:14 AM         .                    
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11  Senator Constantine moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 31, between lines 24 and 25,
15  
16  insert:  
17         Section 14.  Paragraph (d) of subsection (2) of section
18  20.121, Florida Statutes, is amended to read:
19         20.121  Department of Financial Services.--There is
20  created a Department of Financial Services.
21         (2)  DIVISIONS.--The Department of Financial Services
22  shall consist of the following divisions:
23         (d)  The Division of Treasury, which shall include a
24  Bureau of Deferred Compensation responsible for administering
25  the Government Employees Deferred Compensation Plan as
26  provided in established under s. 112.215 for state employees.
27         Section 15.  Effective October 1, 2005, paragraph (d)
28  of subsection (2) of section 20.121, Florida Statutes, as
29  amended by chapter 2004-301, Laws of Florida, is amended to
30  read:
31         20.121  Department of Financial Services.--There is
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    8:06 PM   05/02/05                             s1944c2c-22-c9v

Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for SB's 1944 & 2008 Barcode 961906 1 created a Department of Financial Services. 2 (2) DIVISIONS.--The Department of Financial Services 3 shall consist of the following divisions: 4 (d) The Division of Treasury, which shall include a 5 Bureau of Deferred Compensation responsible for administering 6 the Government Employees Deferred Compensation Plan as 7 provided in established under s. 112.215 for state employees. 8 Section 16. Subsection (2), paragraphs (a) and (d) of 9 subsection (4), and subsections (5), (6), and (12) of section 10 112.215, Florida Statutes, are amended to read: 11 112.215 Government employees; deferred compensation 12 program.-- 13 (2)(a) For the purposes of this section, the term 14 "employee" means any person, whether appointed, elected, or 15 under contract, providing services for a governmental entity 16 the state; any state agency or county or other political 17 subdivision of the state; any municipality; any state 18 university board of trustees; or any constitutional county 19 officer under s. 1(d), Art. VIII of the State Constitution for 20 which compensation or statutory fees are paid. 21 (b) "Governmental entity" means the state; any state 22 agency or county or other political subdivision of the state; 23 any municipality; any state university board of trustees; or 24 any constitutional county officer under s. 1(d), Art. VIII of 25 the State Constitution. 26 (4)(a) The Chief Financial Officer, with the approval 27 of the State Board of Administration, shall establish such 28 plan or plans of deferred compensation for state employees of 29 governmental entities, including all such investment vehicles 30 or products incident thereto, as may be available through, or 31 offered by, qualified companies or persons, and may approve 2 8:06 PM 05/02/05 s1944c2c-22-c9v
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for SB's 1944 & 2008 Barcode 961906 1 one or more such plans for implementation by and on behalf of 2 governmental entities the state and their its agencies and 3 employees. 4 (d) In accordance with such approved plan, and upon 5 contract or agreement with an eligible employee, deferrals of 6 compensation may be accomplished by payroll deductions made by 7 the appropriate officer or officers of the governmental entity 8 state, with such funds being thereafter held and administered 9 in accordance with the plan. 10 (5) Any county, municipality, or other political 11 subdivision of the state may by ordinance, and any 12 constitutional county officer under s. 1(d), Art. VIII of the 13 State Constitution of 1968 may by contract agreement or other 14 documentation constituting approval, for itself and its 15 employees: 16 (a) Adopt and establish for itself and its employees a 17 deferred compensation program. The ordinance shall designate 18 an appropriate official of the county, municipality, or 19 political subdivision to approve and administer a deferred 20 compensation plan or otherwise provide for such approval and 21 administration. The ordinance shall also designate a public 22 official or body to make the determinations provided for in 23 paragraph (6)(b). If a constitutional county officer elects to 24 adopt and establish for that office and its employees a 25 deferred compensation program, the constitutional county 26 officer shall be the appropriate official to make the 27 determinations provided for in this subsection and in 28 paragraph (6)(b);. 29 (b) Adopt the deferred compensation program of the 30 state; or 31 (c) Both adopt and establish a deferred compensation 3 8:06 PM 05/02/05 s1944c2c-22-c9v
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for SB's 1944 & 2008 Barcode 961906 1 program and adopt the state's deferred compensation program. 2 (6)(a) No deferred compensation plan of the state 3 shall become effective until approved by the State Board of 4 Administration and the Chief Financial Officer is satisfied by 5 opinion from such federal agency or agencies as may be deemed 6 necessary that the compensation deferred thereunder, and/or 7 the investment products purchased pursuant to the plan, or 8 both will not be included in the employee's taxable income 9 under federal or state law until it is actually received by 10 such employee under the terms of the plan, and that such 11 compensation will nonetheless be deemed compensation at the 12 time of deferral for the purposes of social security coverage, 13 for the purposes of the state retirement system, or and for 14 any other retirement, pension, or benefit program established 15 by law. 16 (b) No deferred compensation plan adopted and 17 established by of a county, municipality, other political 18 subdivision, or constitutional county officer shall become 19 effective until the appropriate official or body designated 20 under subsection (5) is satisfied by opinion from such federal 21 agency or agencies as may be deemed necessary that the 22 compensation deferred thereunder, and/or the investment 23 products purchased pursuant to the plan, or both will not be 24 included in the employee's taxable income under federal or 25 state law until it is actually received by such employee under 26 the terms of the plan, and that such compensation will 27 nonetheless be deemed compensation at the time of deferral for 28 the purposes of social security coverage, for the purposes of 29 the retirement system of the appropriate county, municipality, 30 political subdivision, or constitutional county officer, and 31 for any other retirement, pension, or benefit program 4 8:06 PM 05/02/05 s1944c2c-22-c9v
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for SB's 1944 & 2008 Barcode 961906 1 established by law. 2 (12) The Chief Financial Officer may adopt any rule 3 necessary to administer and implement this act with respect to 4 deferred compensation plans for state employees of 5 governmental entities that have adopted the state's plan. 6 7 (Redesignate subsequent sections.) 8 9 10 ================ T I T L E A M E N D M E N T =============== 11 And the title is amended as follows: 12 On page 3, line 1, after the semicolon, 13 14 insert: 15 amending s. 112.215, F.S.; revising the term 16 "employee" and defining the term "governmental 17 entity"; authorizing governmental entities, by 18 ordinance, contract agreement, or other 19 documentation, to participate in the deferred 20 compensation plan of the state and specifying 21 responsibility of the Chief Financial Officer 22 with respect thereto; amending s. 20.121, F.S., 23 relating to the Department of Financial 24 Services, to conform; 25 26 27 28 29 30 31 5 8:06 PM 05/02/05 s1944c2c-22-c9v