Amendment
Bill No. CS/CS/CS/HB 569
Amendment No. 945997
CHAMBER ACTION
Senate House
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1Representative K. Roberson offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Paragraph (v) of subsection (2) and subsection
6(7) of section 17.57, Florida Statutes, are amended to read:
7     17.57  Deposits and investments of state money.--
8     (2)  The Chief Financial Officer shall make funds available
9to meet the disbursement needs of the state. Funds which are not
10needed for this purpose shall be placed in qualified public
11depositories that will pay rates established by the Chief
12Financial Officer at levels not less than the prevailing rate
13for United States Treasury securities with a corresponding
14maturity. In the event money is available for interest-bearing
15time deposits or savings accounts as provided herein and
16qualified public depositories are unwilling to accept such money
17and pay thereon the rates established above, then such money
18which qualified public depositories are unwilling to accept
19shall be invested in:
20     (v)  Securities not otherwise described in this subsection.
21However, not more than 7 3 percent of the funds under the
22control of the Chief Financial Officer shall be invested in
23securities described in this paragraph.
24
25These investments may be in varying maturities and may be in
26book-entry form. Investments made pursuant to this subsection
27may be under repurchase agreement or reverse repurchase
28agreement. The Chief Financial Officer may hire registered
29investment advisers and other consultants to assist in
30investment management and to pay fees directly from investment
31earnings. Investment securities, proprietary investment services
32related to contracts, performance evaluation services,
33investment-related equipment or software used directly to assist
34investment trading or investment accounting operations including
35bond calculators, telerates, Bloombergs, special program
36calculators, intercom systems, and software used in accounting,
37communications, and trading, and advisory and consulting
38contracts made under this section are exempt from the provisions
39of chapter 287.
40     (7)  In addition to the deposits authorized under this
41section and notwithstanding any other provisions of law, funds
42that are not needed to meet the disbursement needs of the state
43may be deposited by the Chief Financial Officer in accordance
44with the following conditions:
45     (a)  The funds are initially deposited in a qualified
46public depository, as defined in s. 280.02, selected by the
47Chief Financial Officer.
48     (b)  The selected depository arranges for depositing the
49deposit of the funds in financial deposit instruments insured by
50the Federal Deposit Insurance Corporation certificates of
51deposit in one or more federally insured banks or savings and
52loan associations, wherever located, for the account of the
53state.
54     (c)  The full amount of the principal and accrued interest
55of each financial deposit instrument such certificate of deposit
56is insured by the Federal Deposit Insurance Corporation.
57     (d)  The selected depository acts as custodian for the
58state with respect to each financial deposit instrument such
59certificates of deposit issued for its account.
60     (e)  At the same time the state's funds are deposited and
61the certificates of deposit are issued, the selected depository
62receives an amount of deposits from customers of other federally
63insured financial institutions, wherever located, equal to or
64greater than the amount of the funds initially invested by the
65Chief Financial Officer through the selected depository.
66     Section 2.  Effective July 1, 2010, the amendment of s.
6717.57(2)(v), Florida Statutes, made by this act shall expire,
68and the text of that paragraph shall revert to that in existence
69on June 30, 2009, except that any amendments to such text
70enacted other than by this act shall be preserved and continue
71to operate to the extent that such amendments are not dependent
72upon the portions of such text which expire pursuant to this
73section.
74     Section 3.  Section 17.575, Florida Statutes, is created to
75read:
76     17.575  Administration of funds; Treasury Investment
77Committee.--
78     (1)  There is created a Treasury Investment Committee
79within the Division of Treasury consisting of at least five
80members who must possess special knowledge, experience, and
81familiarity in finance, investments, or accounting. The members
82of the committee shall be appointed by and serve at the pleasure
83of the Chief Financial Officer. The committee shall annually
84elect a chair and vice chair from among its membership.
85     (2)  The committee shall administer the Treasury Investment
86Program consistent with policies approved by the Chief Financial
87Officer for deposits and investments of public funds. The
88committee shall also make recommendations regarding investment
89policy to the Chief Financial Officer.
90     (3)  The committee shall submit an annual report outlining
91its activities and recommendations to the Chief Financial
92Officer and the Joint Legislative Auditing Committee. The report
93shall be submitted on August 15, 2009, and annually thereafter.
94     Section 4.  Paragraphs (b), (c), (d), and (e) of subsection
95(23) of section 218.415, Florida Statutes, are amended to read:
96     218.415  Local government investment policies.--Investment
97activity by a unit of local government must be consistent with a
98written investment plan adopted by the governing body, or in the
99absence of the existence of a governing body, the respective
100principal officer of the unit of local government and maintained
101by the unit of local government or, in the alternative, such
102activity must be conducted in accordance with subsection (17).
103Any such unit of local government shall have an investment
104policy for any public funds in excess of the amounts needed to
105meet current expenses as provided in subsections (1)-(16), or
106shall meet the alternative investment guidelines contained in
107subsection (17). Such policies shall be structured to place the
108highest priority on the safety of principal and liquidity of
109funds. The optimization of investment returns shall be secondary
110to the requirements for safety and liquidity. Each unit of local
111government shall adopt policies that are commensurate with the
112nature and size of the public funds within its custody.
113     (23)  AUTHORIZED DEPOSITS.--In addition to the investments
114authorized for local governments in subsections (16) and (17)
115and notwithstanding any other provisions of law, a unit of local
116government may deposit any portion of surplus public funds in
117its control or possession in accordance with the following
118conditions:
119     (b)  The selected depository arranges for depositing the
120deposit of the funds in financial deposit instruments insured by
121the Federal Deposit Insurance Corporation certificates of
122deposit in one or more federally insured banks or savings and
123loan associations, wherever located, for the account of the unit
124of local government.
125     (c)  The full amount of the principal and accrued interest
126of each financial deposit instrument such certificate of deposit
127is insured by the Federal Deposit Insurance Corporation.
128     (d)  The selected depository acts as custodian for the unit
129of local government with respect to each financial deposit
130instrument such certificates of deposit issued for its account.
131     (e)  At the same time the unit of local government's funds
132are deposited and the certificates of deposit are issued, the
133selected depository receives an amount of deposits from
134customers of other federally insured financial institutions,
135wherever located, equal to or greater than the amount of the
136funds initially invested by the unit of local government through
137the selected depository.
138     Section 5.  Section 532.01, Florida Statutes, is amended to
139read:
140     532.01  Payment by check, draft, or other order for
141payment.--Any order, check, draft, note, memorandum, payroll
142debit card, or other acknowledgment of indebtedness issued in
143payment of wages or salary due or to become due must be
144negotiable and payable in cash, on demand, without discount, at
145some established place of business in the state, the name and
146address of which must appear on the instrument or in the payroll
147debit card issuing materials, and at the time of its issuance,
148and for a reasonable time thereafter, which must be at least 30
149days, the maker or drawer must have sufficient funds or credit,
150arrangement, or understanding with the drawee for its payment.
151     Section 6.  This act shall take effect July 1, 2009.
152
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T I T L E  A M E N D M E N T
156     Remove the entire title and insert:
157
A bill to be entitled
158An act relating to financial instruments; amending s. 17.57,
159F.S.; increasing the maximum percentage of funds under the
160control of the Chief Financial Officer to be invested in certain
161securities; deleting a provision relating to concurrent deposits
162by a unit of local government and customers of other federally
163insured financial institutions; requiring that the Chief
164Financial Officer and local governments deposit surplus funds in
165financial deposit instruments insured by the Federal Deposit
166Insurance Corporation rather than in certificates of deposit;
167providing for the expiration of such increase and the reversion
168of statutory text; creating s. 17.575, F.S.; creating the
169Treasury Investment Committee within the Division of Treasury;
170providing for membership on the committee; requiring that the
171committee annually elect a chair and vice chair from within its
172membership; providing duties of the committee; requiring that
173the committee submit an annual report on a specified date and
174annually thereafter outlining its activities and recommendations
175to the Chief Financial Officer and the Joint Legislative
176Auditing Committee; amending s. 218.415, F.S.; requiring that
177the Chief Financial Officer and local governments deposit
178surplus funds in financial deposit instruments insured by the
179Federal Deposit Insurance Corporation rather than in
180certificates of deposit; deleting a provision relating to
181concurrent deposits by a unit of local government and customers
182of other federally insured financial institutions; amending s.
183532.01, F.S.; including payroll debit cards under requirements  
184applicable to payment instruments; providing an effective date.


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