1 | Representative K. Roberson offered the following: |
2 |
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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 |
9 | to meet the disbursement needs of the state. Funds which are not |
10 | needed for this purpose shall be placed in qualified public |
11 | depositories that will pay rates established by the Chief |
12 | Financial Officer at levels not less than the prevailing rate |
13 | for United States Treasury securities with a corresponding |
14 | maturity. In the event money is available for interest-bearing |
15 | time deposits or savings accounts as provided herein and |
16 | qualified public depositories are unwilling to accept such money |
17 | and pay thereon the rates established above, then such money |
18 | which qualified public depositories are unwilling to accept |
19 | shall be invested in: |
20 | (v) Securities not otherwise described in this subsection. |
21 | However, not more than 7 3 percent of the funds under the |
22 | control of the Chief Financial Officer shall be invested in |
23 | securities described in this paragraph. |
24 |
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25 | These investments may be in varying maturities and may be in |
26 | book-entry form. Investments made pursuant to this subsection |
27 | may be under repurchase agreement or reverse repurchase |
28 | agreement. The Chief Financial Officer may hire registered |
29 | investment advisers and other consultants to assist in |
30 | investment management and to pay fees directly from investment |
31 | earnings. Investment securities, proprietary investment services |
32 | related to contracts, performance evaluation services, |
33 | investment-related equipment or software used directly to assist |
34 | investment trading or investment accounting operations including |
35 | bond calculators, telerates, Bloombergs, special program |
36 | calculators, intercom systems, and software used in accounting, |
37 | communications, and trading, and advisory and consulting |
38 | contracts made under this section are exempt from the provisions |
39 | of chapter 287. |
40 | (7) In addition to the deposits authorized under this |
41 | section and notwithstanding any other provisions of law, funds |
42 | that are not needed to meet the disbursement needs of the state |
43 | may be deposited by the Chief Financial Officer in accordance |
44 | with the following conditions: |
45 | (a) The funds are initially deposited in a qualified |
46 | public depository, as defined in s. 280.02, selected by the |
47 | Chief Financial Officer. |
48 | (b) The selected depository arranges for depositing the |
49 | deposit of the funds in financial deposit instruments insured by |
50 | the Federal Deposit Insurance Corporation certificates of |
51 | deposit in one or more federally insured banks or savings and |
52 | loan associations, wherever located, for the account of the |
53 | state. |
54 | (c) The full amount of the principal and accrued interest |
55 | of each financial deposit instrument such certificate of deposit |
56 | is insured by the Federal Deposit Insurance Corporation. |
57 | (d) The selected depository acts as custodian for the |
58 | state with respect to each financial deposit instrument such |
59 | certificates of deposit issued for its account. |
60 | (e) At the same time the state's funds are deposited and |
61 | the certificates of deposit are issued, the selected depository |
62 | receives an amount of deposits from customers of other federally |
63 | insured financial institutions, wherever located, equal to or |
64 | greater than the amount of the funds initially invested by the |
65 | Chief Financial Officer through the selected depository. |
66 | Section 2. Effective July 1, 2010, the amendment of s. |
67 | 17.57(2)(v), Florida Statutes, made by this act shall expire, |
68 | and the text of that paragraph shall revert to that in existence |
69 | on June 30, 2009, except that any amendments to such text |
70 | enacted other than by this act shall be preserved and continue |
71 | to operate to the extent that such amendments are not dependent |
72 | upon the portions of such text which expire pursuant to this |
73 | section. |
74 | Section 3. Section 17.575, Florida Statutes, is created to |
75 | read: |
76 | 17.575 Administration of funds; Treasury Investment |
77 | Committee.-- |
78 | (1) There is created a Treasury Investment Committee |
79 | within the Division of Treasury consisting of at least five |
80 | members who must possess special knowledge, experience, and |
81 | familiarity in finance, investments, or accounting. The members |
82 | of the committee shall be appointed by and serve at the pleasure |
83 | of the Chief Financial Officer. The committee shall annually |
84 | elect a chair and vice chair from among its membership. |
85 | (2) The committee shall administer the Treasury Investment |
86 | Program consistent with policies approved by the Chief Financial |
87 | Officer for deposits and investments of public funds. The |
88 | committee shall also make recommendations regarding investment |
89 | policy to the Chief Financial Officer. |
90 | (3) The committee shall submit an annual report outlining |
91 | its activities and recommendations to the Chief Financial |
92 | Officer and the Joint Legislative Auditing Committee. The report |
93 | shall 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 |
97 | activity by a unit of local government must be consistent with a |
98 | written investment plan adopted by the governing body, or in the |
99 | absence of the existence of a governing body, the respective |
100 | principal officer of the unit of local government and maintained |
101 | by the unit of local government or, in the alternative, such |
102 | activity must be conducted in accordance with subsection (17). |
103 | Any such unit of local government shall have an investment |
104 | policy for any public funds in excess of the amounts needed to |
105 | meet current expenses as provided in subsections (1)-(16), or |
106 | shall meet the alternative investment guidelines contained in |
107 | subsection (17). Such policies shall be structured to place the |
108 | highest priority on the safety of principal and liquidity of |
109 | funds. The optimization of investment returns shall be secondary |
110 | to the requirements for safety and liquidity. Each unit of local |
111 | government shall adopt policies that are commensurate with the |
112 | nature and size of the public funds within its custody. |
113 | (23) AUTHORIZED DEPOSITS.--In addition to the investments |
114 | authorized for local governments in subsections (16) and (17) |
115 | and notwithstanding any other provisions of law, a unit of local |
116 | government may deposit any portion of surplus public funds in |
117 | its control or possession in accordance with the following |
118 | conditions: |
119 | (b) The selected depository arranges for depositing the |
120 | deposit of the funds in financial deposit instruments insured by |
121 | the Federal Deposit Insurance Corporation certificates of |
122 | deposit in one or more federally insured banks or savings and |
123 | loan associations, wherever located, for the account of the unit |
124 | of local government. |
125 | (c) The full amount of the principal and accrued interest |
126 | of each financial deposit instrument such certificate of deposit |
127 | is insured by the Federal Deposit Insurance Corporation. |
128 | (d) The selected depository acts as custodian for the unit |
129 | of local government with respect to each financial deposit |
130 | instrument such certificates of deposit issued for its account. |
131 | (e) At the same time the unit of local government's funds |
132 | are deposited and the certificates of deposit are issued, the |
133 | selected depository receives an amount of deposits from |
134 | customers of other federally insured financial institutions, |
135 | wherever located, equal to or greater than the amount of the |
136 | funds initially invested by the unit of local government through |
137 | the selected depository. |
138 | Section 5. Section 532.01, Florida Statutes, is amended to |
139 | read: |
140 | 532.01 Payment by check, draft, or other order for |
141 | payment.--Any order, check, draft, note, memorandum, payroll |
142 | debit card, or other acknowledgment of indebtedness issued in |
143 | payment of wages or salary due or to become due must be |
144 | negotiable and payable in cash, on demand, without discount, at |
145 | some established place of business in the state, the name and |
146 | address of which must appear on the instrument or in the payroll |
147 | debit card issuing materials, and at the time of its issuance, |
148 | and for a reasonable time thereafter, which must be at least 30 |
149 | days, the maker or drawer must have sufficient funds or credit, |
150 | arrangement, or understanding with the drawee for its payment. |
151 | Section 6. This act shall take effect July 1, 2009. |
152 |
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155 | 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 |
158 | An act relating to financial instruments; amending s. 17.57, |
159 | F.S.; increasing the maximum percentage of funds under the |
160 | control of the Chief Financial Officer to be invested in certain |
161 | securities; deleting a provision relating to concurrent deposits |
162 | by a unit of local government and customers of other federally |
163 | insured financial institutions; requiring that the Chief |
164 | Financial Officer and local governments deposit surplus funds in |
165 | financial deposit instruments insured by the Federal Deposit |
166 | Insurance Corporation rather than in certificates of deposit; |
167 | providing for the expiration of such increase and the reversion |
168 | of statutory text; creating s. 17.575, F.S.; creating the |
169 | Treasury Investment Committee within the Division of Treasury; |
170 | providing for membership on the committee; requiring that the |
171 | committee annually elect a chair and vice chair from within its |
172 | membership; providing duties of the committee; requiring that |
173 | the committee submit an annual report on a specified date and |
174 | annually thereafter outlining its activities and recommendations |
175 | to the Chief Financial Officer and the Joint Legislative |
176 | Auditing Committee; amending s. 218.415, F.S.; requiring that |
177 | the Chief Financial Officer and local governments deposit |
178 | surplus funds in financial deposit instruments insured by the |
179 | Federal Deposit Insurance Corporation rather than in |
180 | certificates of deposit; deleting a provision relating to |
181 | concurrent deposits by a unit of local government and customers |
182 | of other federally insured financial institutions; amending s. |
183 | 532.01, F.S.; including payroll debit cards under requirements |
184 | applicable to payment instruments; providing an effective date. |