HB 0871

1
A bill to be entitled
2An act relating to investment of public funds; amending s.
317.57, F.S.; providing additional authorization for the
4Chief Financial Officer to invest state funds; amending s.
5218.415, F.S.; providing additional authorization for
6units of local government to invest local government
7funds; providing an effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Subsection (7) is added to section 17.57,
12Florida Statutes, to read:
13     17.57  Deposits and investments of state money.--
14     (7)  In addition to the investments authorized under this
15section and notwithstanding any other provisions of law, funds
16that are not needed to meet the disbursement needs of the state
17may be invested by the Chief Financial Officer in accordance
18with the following conditions:
19     (a)  The funds are initially invested through a qualified
20public depository, as defined in s. 280.02, selected by the
21Chief Financial Officer.
22     (b)  The selected depository arranges for the deposit of
23the funds in certificates of deposit in one or more federally
24insured banks or savings and loan associations, wherever
25located, for the account of the state.
26     (c)  The full amount of principal and accrued interest of
27each such certificate of deposit is insured by the Federal
28Deposit Insurance Corporation.
29     (d)  The selected depository acts as custodian for the
30state with respect to such certificates of deposit issued for
31its account.
32     (e)  At the same time the state's funds are deposited and
33the certificates of deposit are issued, the selected depository
34receives an amount of deposits from customers of other federally
35insured financial institutions, wherever located, equal to or
36greater than the amount of the funds initially invested by the
37Chief Financial Officer through the selected depository.
38     Section 2.  Subsection (23) is added to section 218.415,
39Florida Statutes, to read:
40     218.415  Local government investment policies.--Investment
41activity by a unit of local government must be consistent with a
42written investment plan adopted by the governing body, or in the
43absence of the existence of a governing body, the respective
44principal officer of the unit of local government and maintained
45by the unit of local government or, in the alternative, such
46activity must be conducted in accordance with subsection (17).
47Any such unit of local government shall have an investment
48policy for any public funds in excess of the amounts needed to
49meet current expenses as provided in subsections (1)-(16), or
50shall meet the alternative investment guidelines contained in
51subsection (17). Such policies shall be structured to place the
52highest priority on the safety of principal and liquidity of
53funds. The optimization of investment returns shall be secondary
54to the requirements for safety and liquidity. Each unit of local
55government shall adopt policies that are commensurate with the
56nature and size of the public funds within its custody.
57     (23)  ADDITIONAL AUTHORIZED INVESTMENTS.-?In addition to
58the investments authorized for local governments in subsections
59(16) and (17) and notwithstanding any other provisions of law, a
60unit of local government may invest and reinvest any portion of
61surplus public funds in its control or possession in accordance
62with the following conditions:
63     (a)  The funds are initially invested through a qualified
64public depository, as defined in s. 280.02, selected by the unit
65of local government.
66     (b)  The selected depository arranges for the deposit of
67the funds in certificates of deposit in one or more federally
68insured banks or savings and loan associations, wherever
69located, for the account of the unit of local government.
70     (c)  The full amount of principal and accrued interest of
71each such certificate of deposit is insured by the Federal
72Deposit Insurance Corporation.
73     (d)  The selected depository acts as custodian for the unit
74of local government with respect to such certificates of deposit
75issued for its account.
76     (e)  At the same time the unit of local government's funds
77are deposited and the certificates of deposit are issued, the
78selected depository receives an amount of deposits from
79customers of other federally insured financial institutions,
80wherever located, equal to or greater than the amount of the
81funds initially invested by the unit of local government through
82the selected depository.
83     Section 3.  This act shall take effect July 1, 2005.


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