1 | The Economic Development, Trade & Banking Committee recommends |
2 | the following: |
3 |
|
4 | Council/Committee Substitute |
5 | Remove the entire bill and insert: |
6 | A bill to be entitled |
7 | An act relating to the Financial Literacy Council; |
8 | creating the council; providing purposes; providing for |
9 | membership; providing for reimbursement for per diem and |
10 | travel expenses; providing for meetings, procedures, and |
11 | records; providing powers and duties of the council; |
12 | providing for resources of the council; requiring that any |
13 | funds received by the council be deposited in the |
14 | Department of Financial Services Administrative Trust |
15 | Fund; providing for expiration of the council; requiring |
16 | annual reports to the Governor and Legislature; providing |
17 | a contingent appropriation; providing for construction; |
18 | providing a limitation on expenditures of certain grant |
19 | funds; providing an effective date. |
20 |
|
21 | Be It Enacted by the Legislature of the State of Florida: |
22 |
|
23 | Section 1. Financial Literacy Council.-- |
24 | (1) CREATION.--A council, as defined in s. 20.03, Florida |
25 | Statutes, named the Financial Literacy Council, is created as an |
26 | adjunct to the Department of Financial Services. The council |
27 | shall be subject to the provisions of s. 20.052, Florida |
28 | Statutes. |
29 | (2) PURPOSE.--The purpose of the council is to study |
30 | financial problems that affect consumers, particularly small |
31 | businesses, young people, working adults, and seniors that arise |
32 | from a lack of basic knowledge of financial issues and to |
33 | provide recommendations to the Department of Financial Services |
34 | which will assist the department in developing financial |
35 | literacy programs and resources and providing a single state |
36 | resource for financial literacy for the general public in order |
37 | to empower individuals and businesses to manage their financial |
38 | matters in order to reduce debt, increase savings, and avoid |
39 | bankruptcy. All recommendations are subject to approval by the |
40 | Chief Financial Officer. |
41 | (3) COMPOSITION.-- |
42 | (a) The council shall consist of nine members who shall be |
43 | appointed by and serve at the pleasure of the Chief Financial |
44 | Officer. Six members must be persons having experience in |
45 | various areas of the financial industry, such as financial |
46 | institutions as defined in s. 655.005, Florida Statutes, |
47 | finance, insurance, real estate, and securities. One member must |
48 | be a person who is not employed by and is not a representative |
49 | of the financial industry. One member must be chosen from a list |
50 | of three persons submitted to the Chief Financial Officer by a |
51 | senior advocacy group. One member must be chosen from a list of |
52 | three persons submitted to the Chief Financial Officer by the |
53 | Florida Council on Economic Education. Members shall include |
54 | persons who represent rural and urban interests and the ethnic |
55 | and cultural diversity of the state's population. |
56 | (b) The council shall meet at the call of the chair, who |
57 | shall be elected by vote of a majority of the council at its |
58 | first meeting, which shall be called by the Chief Financial |
59 | Officer. Five of the initial members appointed to the council |
60 | shall serve terms of 3 years each. All other members shall be |
61 | appointed for terms of 4 years. Members shall serve until their |
62 | successors are appointed. Vacancies shall be filled for the |
63 | remainder of the unexpired term in the same manner as the |
64 | original appointment. |
65 | (c) Council members shall serve without compensation; |
66 | however, each council member is entitled to reimbursement for |
67 | per diem and travel expenses pursuant to s. 112.061, Florida |
68 | Statutes. |
69 | (d) The Department of Financial Services shall provide |
70 | administrative and staff support to the council. |
71 | (4) MEETINGS; PROCEDURES; RECORDS.-- |
72 | (a) The business of the council shall be presented to the |
73 | council in the form of an agenda. The agenda shall be set by the |
74 | Chief Financial Officer and shall include items of business |
75 | requested by the council members. |
76 | (b) A majority of the members constitutes a quorum, and |
77 | action by a majority of a quorum shall be official. |
78 | (c) The minutes for each meeting shall be submitted to the |
79 | Chief Financial Officer within 14 days after each meeting. |
80 | (5) POWERS AND DUTIES.--The council shall: |
81 | (a) Study financial problems that affect consumers, |
82 | particularly young persons, seniors, and working adults, and |
83 | small businesses which arise from a lack of basic knowledge of |
84 | financial issues. |
85 | (b) Study and make recommendations to the department |
86 | regarding the creation of a single state resource for consumers |
87 | and small businesses to contact for financial assistance. |
88 | (c) Study and make recommendations as to how the |
89 | department may help equip small businesses, young people, |
90 | working adults, and seniors with the tools and resources they |
91 | need to make informed financial decisions. |
92 | (d) Study and make recommendations as to how the |
93 | department may help residents of this state learn more about |
94 | personal finance issues, including, but not limited to, personal |
95 | savings, applying for loans, managing debt, making sound |
96 | investment choices, and saving for retirement. |
97 | (e) Study and make recommendations to the department |
98 | regarding the development of best practices for financial |
99 | management which are characteristic of highly successful small |
100 | businesses. |
101 | (f) Study and make recommendations as to how the |
102 | department can serve as an educational forum for resource |
103 | planning, financial planning, and management issues for small |
104 | businesses. |
105 | (g) Assist the department in developing written materials |
106 | that shall be available to educate consumers and small |
107 | businesses about basic financial issues. |
108 | (h) Study and make recommendations to the department |
109 | regarding the establishment of an outreach program to help |
110 | educate affected persons through public meetings or seminars or |
111 | through web-based media. |
112 | (6) RESOURCES.-- |
113 | (a) The council may apply for and accept funds, grants, |
114 | gifts, and services from the state, the government of the United |
115 | States or any of its agencies, or any other public or private |
116 | source for the purpose of defraying clerical and administrative |
117 | costs as necessary to carry out its duties under this section. |
118 | All sums received by the council shall be deposited into the |
119 | Department of Financial Services Administrative Trust Fund. The |
120 | moneys received and deposited into the trust fund are |
121 | appropriated for use by the council in carrying out its duties |
122 | as prescribed by this section. |
123 | (b) The council shall seek out and, wherever possible, use |
124 | the talents, expertise, and resources of citizens within the |
125 | state, and especially those of the public school, community |
126 | college, and state university systems, in furtherance of its |
127 | mission. |
128 | (c) The council may procure information and assistance |
129 | from any state agency, political subdivision, municipal |
130 | corporation, or public officer. |
131 | (d) The council may coordinate with any state agency, any |
132 | political subdivision, or any school district of the state in |
133 | the furtherance of its mission. |
134 | (7) EXPIRATION.--The council shall cease to exist on |
135 | December 31, 2011. Upon expiration, any funds remaining in the |
136 | Financial Literacy Council account of the Department of |
137 | Financial Services Administrative Trust Fund shall be |
138 | appropriated to the department to fund the activities that the |
139 | department has implemented pursuant to the recommendations of |
140 | the council. |
141 | (8) REPORTS.--Beginning January 1, 2008, the council shall |
142 | report annually on January 1 to the Governor, the President of |
143 | the Senate, and the Speaker of the House of Representatives on |
144 | the activities carried out under this section, including |
145 | expenditures and funding. |
146 | Section 2. For the 2006-2007 fiscal year, the sum of |
147 | $50,000 in nonrecurring funds is appropriated from the |
148 | Department of Financial Services Administrative Trust Fund in |
149 | the specific appropriation category "Financial Literacy Council" |
150 | to the Financial Literacy Council created by this act. The |
151 | appropriation is contingent upon prior receipt of grant funds or |
152 | private contributions by the council for the purposes of this |
153 | act. This section does not entitle the Financial Literacy |
154 | Council to expend funds from the Administrative Trust Fund in an |
155 | amount greater than the amount of grant funds or private |
156 | contributions received by the council and deposited into the |
157 | Administrative Trust Fund pursuant to this act. |
158 | Section 3. This act shall take effect July 1, 2006. |