Senate Bill sb1368

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    Florida Senate - 2006                                  SB 1368

    By Senator Atwater





    25-688-06

  1                      A bill to be entitled

  2         An act relating to the Financial Literacy

  3         Council; creating the council; providing

  4         purposes; providing for membership; providing

  5         for meetings, procedures, records, and

  6         reimbursement for travel and per diem expenses;

  7         prohibiting compensation for council members;

  8         providing powers and duties of the council;

  9         providing for resources of the council;

10         requiring that any funds received by the

11         council be deposited in the Administrative

12         Trust Fund; providing for expiration of the

13         council; requiring annual reports to the

14         Governor and Legislature; providing a

15         contingent appropriation; providing for

16         construction; providing a limitation on

17         expenditures of certain grant funds; providing

18         an effective date.

19  

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

21  

22         Section 1.  Financial Literacy Council.--

23         (1)  CREATION.--The Financial Literacy Council is

24  created within the Department of Financial Services. The

25  council shall provide information and education about

26  financial issues to consumers and small businesses.

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

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

29  small businesses to contact for financial assistance.

30  

31  

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    Florida Senate - 2006                                  SB 1368
    25-688-06




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

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

 3  make informed financial decisions.

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

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

 6  personal savings, applying for loans, managing debt, making

 7  sound investment choices, and saving for retirement.

 8         (d)  Facilitate the sharing of best practices for

 9  financial management that are characteristic of highly

10  successful small businesses.

11         (e)  Serve as an educational forum for resource

12  planning, financial planning, and management issues for small

13  businesses.

14         (3)  COMPOSITION.--

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

16  Financial Officer, or her or his designee, who shall serve as

17  chair, and not more than nine other members to be appointed by

18  the Chief Financial Officer. Six members must be persons with

19  experience in various areas of the financial industry, such as

20  banking, finance, insurance, real estate, and securities. At

21  least one member must be a person who is not employed by and

22  is not a representative of the financial industry. At least

23  one member must be chosen from a list of three persons

24  submitted to the Chief Financial Officer by a senior advocacy

25  group. At least one member must be chosen from a list of three

26  persons submitted to the Chief Financial Officer by the

27  Florida Council on Economic Education. Appointed members shall

28  include persons who represent rural and urban interests and

29  the ethnic and cultural diversity of the state's population.

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

31  of the Chief Financial Officer. The council shall meet at the

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    Florida Senate - 2006                                  SB 1368
    25-688-06




 1  call of the chair. Five of the initial members appointed to

 2  the council shall be appointed for terms of 3 years. All other

 3  members shall be appointed for terms of 4 years. Members shall

 4  serve until their successors are appointed. A vacancy shall be

 5  filled for the remainder of the unexpired term.

 6         (c)  The Department of Financial Services shall provide

 7  administrative and staff support to the council.

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

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

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

11  by the Chief Financial Officer and shall include items of

12  business requested by the council members.

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

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

15  official.

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

17  the Chief Financial Officer. The report shall show the names

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

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

20  Chief Financial Officer shall keep the records of the

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

22  available to any interested person or group.

23         (d)  Council members shall serve without compensation.

24  However, each council member is entitled to reimbursement for

25  per diem and travel expenses pursuant to s. 112.061, Florida

26  Statutes.

27         (5)  POWERS AND DUTIES.--

28         (a)  The council shall study financial problems that

29  affect consumers, particularly young persons, seniors, and

30  working adults, and small businesses which arise from a lack

31  of basic knowledge of financial issues.

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    Florida Senate - 2006                                  SB 1368
    25-688-06




 1         (b)  The council shall develop written materials that

 2  shall be available to educate consumers and small businesses

 3  about basic financial issues.

 4         (c)  The council shall establish an outreach program to

 5  help educate affected persons through public meetings or

 6  seminars or through web-based media.

 7         (6)  RESOURCES.--

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

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

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

11  or private source for the purpose of defraying clerical and

12  administrative costs as may be necessary in carrying out its

13  duties under this section. All sums received by the council

14  shall be deposited into the Administrative Trust Fund. The

15  moneys received and deposited into the trust fund are

16  appropriated for use by the council in carrying out its duties

17  as prescribed by this section and to the department to defray

18  the expenses incurred in the discharge of its administrative

19  duties as prescribed by this section.

20         (b)  The council shall seek out and wherever possible

21  use the talents, expertise, and resources within the state,

22  and especially those of the public school, community college,

23  and state university systems, in furtherance of its mission.

24         (c)  The council may procure information and assistance

25  from any state agency, political subdivision, municipal

26  corporation, or public officer.

27         (d)  The council may coordinate with any state agency,

28  any political subdivision, or any school district of the state

29  in the furtherance of its mission.

30         (7)  EXPIRATION.--The council shall cease to exist on

31  December 31, 2011.

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    Florida Senate - 2006                                  SB 1368
    25-688-06




 1         (8)  REPORTS.--Beginning January 1, 2008, the council

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

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

 4  Representatives on the activities carried out under this

 5  section.

 6         Section 2.  For the 2006-2007 fiscal year, the sum of

 7  $50,000 in nonrecurring funds is appropriated from the

 8  Administrative Trust Fund in the specific appropriation

 9  category "Financial Literacy Council" to the Financial

10  Literacy Council created by this act. The appropriation is

11  contingent upon receipt of grant funds or private

12  contributions by the council for the purposes of this act.

13  This section does not entitle the Financial Literacy Council

14  to expend funds from the Administrative Trust Fund in an

15  amount greater than the amount of grant funds or private

16  contributions received by the council and deposited into the

17  Administrative Trust Fund pursuant to this act.

18         Section 3.  This act shall take effect July 1, 2006.

19  

20            *****************************************

21                          SENATE SUMMARY

22    Creates the Financial Literacy Council. Provides
      purposes. Provides for membership. Provides for meetings,
23    procedures, records, and reimbursement for travel and per
      diem expenses. Prohibits compensation for council
24    members. Provides powers and duties of the council.
      Provides for resources of the council. Requires that any
25    funds received by the council be deposited in the
      Administrative Trust Fund. Provides for expiration of the
26    council. Requires annual reports to the Governor and
      Legislature. Provides a contingent appropriation.
27    Provides construction. Provides a limitation on
      expenditures of certain grant funds.
28  

29  

30  

31  

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